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HomeMy WebLinkAbout01/15/1985 Adjourned Meeting 472 JANUARY 15, 1985 ADJOURNED MEETING 1. PRESENTATION OF URBAN AREA PLAN The City Council met in session on this date at 12:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Council members present were Assistant Mayor Henry Beauchalip, Pat Berndt, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Jack Sparling. Also in attendance were County Commissioners Chuck Klarich, Graham Tollefson and Jim Whiteside. City staff present were Assistant City Manager Fred Stouder and Associate Planners Judd Black and Don Skone. County staff present was Assistant Director of the Yakima County Planning Department, Mark Hinthorne. Also present were Dan Fessler, consulting attorney on the zoning ordinance and City Attorney Fred Andrews. A list of planned developments was distributed by II/ city and county staff, with staff commenting that a more detailed report will be presented during the review of Chapter 18. Mr. Hinthorne reviewed Chapter 12 and assisted the planners in responding to inquiries from Council members and County Commissioners regarding the various sections of the chapter. Mark Hinthorne briefly reviewed Chapters 13, 14 and 15 dealing with Class 1, 2 and 3 Reviews as these chapters had been discussed previously. Council member Foy questioned if the new zoning ordinance would necessitate additional conferences between the planning staff and applicants. Mr. Skone indicated this will be true for a period of time, however, once the development community is familiar with the changes which have taken place, the need to assist than with the applications will decrease. Council member Sparling posed the question as to the consequences if a decision has not been made by the Administrative Official in regard to issuing a permit within the timeframe allowed for Class 2 Review. Don Skone explained consideration had been given to having an automatic approval in this instance, however, automatic approval would not take into proper consideration the comments of adjacent owners. Decisions will have to be made within the timeframe allotted. Commissioner Klarich questioned why a permit would be necessary in the overlay district. Mark Hinthorne stated he would research this and get back to them with answers at a future meeting. Mark Hinthorne reviewed Chapter 15 which is self-explanatory. In review of Chapter 16, Appeals, Commissioner Klarich commented that the goal of the Urban Area Plan is to simplify the current process. Commissioner Tollefson commented he is not convinced this appeal process is what we want. Council member Foy questioned if new information could be presented without the necessity of opening a new hearing. Mark Hinthorne indicated the builders do not feel the appeal period is long enough. In response to council member pparling's question regarding the circumstances if the building official does not reach a determination within the 15 day timeframe, Mr. Dan Fessler, Attorney, stated there II/ is a legal method compeling the decision be made within the timeframe allowed which is called a "Writ of Mandamus." He also indicated no new material or information can be presented during an appeal without both sides having been provided copies of the information. In reviewing Chapter 24 regarding Violations and Enforcement and Administration, Attorney Dan Fessler indicated this section is merely a codification of criminal penalties which are already in place in the City and County Ordinances. He stated the civil penalty is separate fran the criminal penalty in that the civil penalty is limited to $50 per day while the criminal penalty is only imposed after all other alternatives to resolve the situation have failed. He stressed the fact that the issuance of a notice or citation does not necessarily mean that criminal charges will be filed, however, the provision is there if it is ever needed. Commissioner Klarich spoke in apposition to this section, stating it gives a very negative image. Council member Foy commented perhaps it would be better to eliminate this section canpletely rather than create this image, and leave the process of abuse for the legislative bodies to 473 JANUARY 15, 1985 administer. Commissioner Whiteside commented that "we are discussing the end rather than the means for getting there. We are talking about the worse possible situation." Council member Carmichael stated perhaps some incorrect assumptions are being made which may need to be corrected in the future. City Manager Zais suggested there is possibly a two-part response in this situation. He indicated Mr. Fessler can contemplate the legal aspect while the staff contemplates the legislative side of the matter and bring that information back in a future meeting. Mr. Fessler indicated that when a stop work order is issued, but work continues, the builder may be punished by serving jail time and/or a fine. Attorney Dan Fessler reviewed Chapter 23, Revocation of Permits or Approvals and responded to questions from Council members and County Commissioners. Mr. Fessler indicated this is a formal procedure in Which the Hearings Examiner would be the one to revoke the permit. The penalty for this is Contained in -- Section 070 of Chapter 23 and states upon conviction, the violator Shall be sentenced to a minimum of 10 days in jail, which shall not be suspended or deferred, not to exceed 90 days in jail and fined not less than $250 or more than $500. Commissioner Tollefson commented that the County will not even recover the court costs incurred in this process. Mr. Fessler pointed out that this is only applicable When the builder is guilty of a violation after his permit has been revoked. City Attorney Andrews indicated this discussion does not apply to Chapter 23, rather it pertains to Chapter 24 which has been discussed previously. He stated it is his guess that this will not occur once in ten years. Council member Fay questioned the necessity to have it in the ordinance if it will occur so rarely. City Attorney indicated it has been incorporated just in case it should ever be necessary. Assistant City Manager Stouder inquired as to Whether or not the Council members and County Commissioners desire to schedule another study session for further review of the Plan. It was the general consensus that another meeting would be scheduled for January 22, 1985 from 12:00 to 3:00 p.m. in the Council Chambers of City Hall. It was MOVED by Buchanan, seconded by Carmichael to adjourn this meeting at the hour of 2:45 p.m. Unanimously carried by voice vote. Barnett absent. BUSINESS MEETING 2. ROLL CALL At 3:00 p.m., the Council members commenced the regular meeting, Assistant Mayor Beaudhaup presiding, Council members Berndt, Buchanan, Carmichael, Foy and Sparling and City City Attorney Andrews, City Clerk Roberts and Deputy City Clerk Toney present on roll call. Mayor Barnett absent and excused. 3. INVOCATION Zais, The Invocation was given by Assistant Mayor Beauchamp. 4. OPEN DISCUSSIONS FOR THE GOOD OF THE ORDER None 5. CONSENT AGENDA Assistant Mayor Beauchamp referred to the Items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There being no additions or deletions requested by Council members or citizens present, the City Clerk then read the Consent Agenda items, including the resolutions and ordinances by title. It was MOVED by Buchanan, seconded by Carmichael, that the Consent Agenda, as read, be passed, Unanimously carried by roll call vote. Barnett absent. 474 JANUARY 15, 1985 6. CURRENT STUDY SESSION ITEMS None 7. APPROVAL OF MINUTES The Council minutes of December llth and 18th, 1984 were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 8. AUDIENCE PARTICIPATION None _ 9. HEARING ON RESOLUTION OF INTENTION TO CREATE L.I.D. NO. 1036 II/ This being the time fixed for the hearing on the Local Improvement District 1036, Rita Germunson, Office Engineer, was present to respond to Council's inquiries regarding this Local Improvement District. Council member Carmichael questioned the percentage factor involved in the formation of a Local Improvement District (L.I.D.), stating she recalls the figure being 100% in the past. Mrs. Germunson indicated the figure has always been 75%. There being no citizens present desiring to speak either for or against the formation of the L.I.D., the public hearing was declared closed. Ordinance No. 2833, having been read by title, it Aaras MOVED by Buchanan, seconded by Foy, to accept the facts and findings of the hearing and adopt the Ordinance. Unanimously carried by roll call vote. Barnett absent. ORDINANCE NO. 2833, AN ORDINANCE providing for the improvement of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. 10. HEARING ON RESOLUTION OF INTENTION TO CREATE L.I.D. NO. 1037 This being the time fixed for the hearing on Local Improvement District (L.I.D.) No. 1037, the Assistant Mayor opened the hearing for testimony. Rita Germunson, Office Engineer, was present to respond to Council's inquiries regarding the Local Improvement District. Heinz Hecht, 216 North 72nd Avenue, was present to speak in favor of the L.I.D. There being no citizen present desiring to speak against the formation of the L.I.D., the public hearing was declared closed. Ordinance No. 2834 having been read by title, it was MOVED by Buy, seconded by Buchanan, to adopt the Ordinance. Unanimously carried by roll call vote. Barnett absent. ORDINANCE NO. 2834, AN ORDINANCE providing for the improvement II/ of certain property by constructing a pipe sewer with the necessary wye branches and manholes; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. *11. CONSIDERATION OF A RESOLUTION DESIGNATING THE YAKIMA HERALD REPUBLIC AS THE OFFICIAL NEWSPAPER FOR LEGAL PUBLICATION PURPOSES RESOLUTION NO. D-5073, A RESOLUTION designating the Yakima Herald Republic as the City's official newspaper for legal publication pnposes. *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF JOINT AGREEMENT WITH YAKIMA COUNTY FOR DESIGN AND CONSTRUCTION OF WASHINGTON AVENUE, FROM 3RD AVENUE TO 5TH AVENUE RESOLUTION NO. D-5074, A RESOLUTION authorizing the execution of an agreement with Yakima County for the West Washington Avenue Improvement Project. 475 JANUARY 15, 1985 *13. APPROVAL OF OUT-OF -STATE TRAVEL The out -of -state travel for Bob Weaver, Personnel Officer, to attend the American Society for Personnel Administration Board of Directors meeting in San Antonio, Texas, January 25 -30, 1985, with no cost to the City, was approved. *14. CONSIDERATION C' ORDINANCE RELATING TO FRINGE BENEFITS DOR CERTAIN CITY EMPLOYEES ORDINANCE NO. 2835, AN ORDINANCE relating to City government personnel; providing health benefits and hospital, medical and dental insurance coverage for certain retired employees, spouses, and dependents; amending Section 2.04.060 as new and enacting Sections 2.04.050 and 2.04.060 as new Sections, all of the City of Yakima Municipal Code; and declaring an emergency. *15. CONSIDERATION OF ORDINANCES RELATING TO LICENSES a. An Ordinance Adjusting Business License Fees ORDINANCE NO. 2836, AN ORDINANCE relating to license and business regulations; adopting a business license fee and a schedule of rates therefor; and amending Section 5.52.030 of the City of Yakima Municipal Code. b. An Ordinance Redefining Terms Pertaining to Business Lic- ense' Administration ORDINANCE NO. 2837, AN ORDINANCE relating to licenses and business regulations; defining terns; and amending Section 5.52.020 of the City of Yakima Municipal Code. c. An Ordinance Adjusting Fees for Regulatory Licenses ORDINANCE NO. 2838, AN ORDINANCE relating to licenses and business regulations; fixing license fees; amending Sections and Subsections 5.11.030, 5.11.040 (B); 5.11.050 (B), 5.12.020, 5.46.030 (A), 5.48.040, 5.48.080, 5.54.020, 5.62.030, 5.64.030, and 11.08.110 of the City of Yakima Municipal Code. *16. CONSIDERATION OF AN ORDINANCE MODIFYING THE SCOPE OF SERVICE AND ESTABLISHING FEES FOR MUNICIPAL FIRE ALARM SYSTEM ORDINANCE NO. 2839, AN ORDINANCE relating to private fire alarm systems providing for certain permits and specifying certain permit fees; and amending Sections 10.03.050 and 10.03.100 of the City of Yakima Municipal Code. 17. OTHER BUSINESS City Manager Zais indicated Tuesday, February 12th is a holiday, therefore Council would normally meet on the next day; however, Council will be in Olympia February 13 and 14th to attend Legislative Day. It was the general consensus of the Council that no Council meeting be scheduled that week. City Manager Zais indicated the County Commissioners had a conflict with the Urban Area Plan study session schedule for the 22nd of January, and requested the meeting be scheduled for 11:30 a.m. -1:30 p.m. on that date. Mr. Zais requested that collective bargaining be added to the Executive Session agenda. 18. EXECUTIVE SESSION It was MOVED by Buchanan, seconded by Foy, to move into Executive Session for the purpose of discussing collective bargaining and the disposition of property, to then adjourn the meeting until Tuesday, January 22nd at 11:30 a.m. Unanimously carried by voice vote. Barnett absent. 476 JANUARY 15, 1985 19. ADJOURNMENT Following the completion of the Executive Session, the meeting was adjourned at the hour of 4 :08 p.m. INFORMATION ITEMS Items of information supplied to Council were: memo from Yakima Valley Conference of Governments re: newsletter. 1/4/85; article from the January 7, 1985 Wall Street Journal, "The Lean, Mean Streets ". Permit Center Monthly Report for December 1984; Yakima Fire Department Activity Report for December 1984; minutes of the November 28, 1984 Traffic Safety Advisory Commission meeting; minutes of the December 17, 1984 Utility Rate Advisory Board meeting; and memo from the City Attorney re: damage claims referred to insurance company during the month of December, 1984. 1/10/85 READ AND CERTIFIID ACCURATE DATE /'' WJ AOUNCIL MEMBER -" DATE ?"-- Ve /j aIUNC I ri R ATTEST: CITY CLERK • OR iOR �,