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HomeMy WebLinkAbout05/23/1995 Adjourned Joint Meeting 22.4 • CITY OF YAKIMA, WASHINGTON MAY 23, 1995 ADJOURNED MEETING WITH UNION GAP AND YAKIMA COUNTY The City Council met in session on this date at 7:30 a.m., at the I/ ESD Conference Center, 33 South 2nd Avenue, Yakima, Washington. Mayor Pat Berndt, presiding, Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, Lynn Buchanan, and Bernard Sims present. Council Member Bill Brado absent and excused. City Manager Zais, City Attorney Paolella, Assistant City Attorney Larry Peterson, Director of Community and Economic Development Valenzuela, Fire Chief Chronister, Wayne Wantland and Larry Morehouse, Fire Department, and City Clerk Roberts also present. Yakima County Commissioners present were Bill Flower, Bettie Ingham, and Jim Lewis. Yakima County staff members present were Dick Anderwald, Planning Department, Terry Austin, Prosecuting Attorney, Dema Harris, Personnel, Dan Hesse, Public Works, and Steve Erickson,., Planning. Union Gap Council members present were Bill Ackerman, Betty Boyd, Donna Miller and Phil Salzman. Union Gap staff members present were City Manager Paul Burlingame, Assistant City Manager Tony Wentz, and City Clerk Kathleen Holscher. Also present was Phil Lamb, Hearing Examiner. Mayor Berndt opened the meeting and suggested the order of the agenda items be reversed. 2. REVIEW OF 911 CENTER OPERATIONS AND STATUS OF STATE PLANNING Fire Chief Chronister commented that staff wanted to give a status report on the 911 operations. Larry Morehouse stated his main focus in working with the 911 operations is to address the employees and their concerns. After the 911 Director's departure, employee morale was low. He reported the morale has been increased by management listening to the employees and implementing their suggestions concerning working shifts, training and supervision. Wayne Wantland gave a brief overview of the financial condition of the 911 operations. He expects to see a savings in the telephone fund after it was reviewed and billing errors corrected. Another area being reviewed is revision of the State Plan for funding assistance for 911 enhancement. Council Member Sims asked for budget information which Mr. Wantland said could be provided. MAY 23, 1995 ADJOURNED JOINT, MEETING WITH UNION GAP AND 'YAKIMA COUNTY 1. LEGAL BRIEFING REGARDING INITIATIVE 164 Larry Peterson reviewed the memo he had prepared, summarizing Initiative 164. This Initiative would give new protection for private property taking. Most land use attorneys say there are already Federal and State protection laws for property taking. Under the new law, before a local government or agency can restrict or regulate land use, it must do an impact study and select the regulation or restraint that has the least possible impact on private property and still accomplish the necessary public purpose. The entity must pay for the reduction in property value. The Initiative conflicts with provisions in the Growth Management Act and SEPA, which will only be resolved through litigation. The impact this Initiative might have on zoning was discussed. If economic impact statements are required for every rezone application, it will be quite an expensive process. Mr. Peterson reminded everyone that this Act does not apply to public property. Terry Austin pointed out the Initiative has a provision that says property owners cannot be required to pay for studies or reports used to consider restricting the use of private property for public use. We have to determine our policy on implementing the requirements in Sections 3, 4 and '5. Commissioner Lewis commented that this does not become effective until 1996 and asked if decisions could be delayed until after the election to see if the referendum gets on the ballot and passes. Mr. Austin said if the required signatures aren't obtained to put a referendum on the ballot, the law will become effective July 22nd. Council Member Sims suggested that fees may have to be increased to cover all costs for zoning changes or for a permit. Mr. Austin stated he thinks a permit fee can be charged; SEPA review is something we will have to look at. He doesn't believe the normal land change permit will have to change. Mr. Peterson stated that set back limits may have to be reviewed. Phil Lamb asked what the statute of limitation is to file a claim for compensation for property taking mentioned in Section 4, Subsection 8. Mr. Austin stated it is ten years. Commissioner Ingham commented that new regulatory reform language says the land application process I/ has to be completed within 120 days and that land economic analysis would have to be done during that time. That is where the real economic impact will occur. She further expressed her frustration in trying to determine how to talk about this Initiative: to the public so they can evaluate it. Mr. Sims acknowledged that ;the taxpayer is going to pay for the developments. If the public understood .. this he thinks they would not be in favor of the new law. Mr. Lamb stated the Initiative says if the taking is to regulate a public nuisance, it is OK and asked if any thought was given to 2 226 MAY 23, 1995 ADJOURNED JOINT MEETING WITH UNION GAP AND YAKIMA COUNTY amending the local nuisance ordinances. Mr. Austin stated it would seem that it would be too simple to declare everything a public nuisance. Mr. Peterson stated there would be people who would take that to court. 3. SCHEDULE NEXT MEETING I/ Mayor Berndt stated the next suggested meeting date is June 27th and the tentative topics of discussion are Review of Siting for National Guard Armory at the Yakima Air Terminal; I -82 Project Update, and Recycling Status Report. City Manager Zais commented that Alex Deccio would like to be in attendance for the discussion of the siting of the National Guard Armory. It was the general consensus to approve the tentative agenda. Council Member Barnett suggested that the July and August meetings be suspended. The meeting adjourned at the hour of 8:40 a.m. READ AND CERTIFIED ACCURATE LI�_�L. / - 41 CIL E DA E COUNCIL MEMBE DATE ATTEST: t e__ -e J G wig i i CITY CLERK MAYOR An audio tape of this meeting is available in the City Clerk's Office. 3