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HomeMy WebLinkAbout09/09/1997 Adjourned Study Session 434 CITY OF YAKIMA, WASHINGTON SEPTEMBER 9, 1997 ADJOURNED STUDY SESSION The City Council met in session on this date at 7:30 a.m., in the Council Chambers of City Hall, Yakima, Washington, Mayor Lynn Buchanan, presiding (after 7:38 a.m.). Council Members Clarence Barnett, Henry Beauchamp, Ernie Berger, John Klingele, John Puccinelli, and Bernard Sims were present. City Manager Zais, City Attorney Paolella; Assistant City Manager Rice; Marketa Oliver, Administrative Assistant to the City Manager; Glenn Valenzuela, Director of Community and Economic Development; John Elsden, Joan Davenport, and Don Skone, Planning Division; Police Chief Blesio; Assistant City Attorneys Larry Peterson and Scott Brumback; and City Clerk Roberts also present. The meeting was called to order at 7:35 a.m. by Mayor Pro Tem Puccinelli. It was the general consensus of the Council to consider Item No. 2 out of sequence on the agenda. 2. CONSIDERATION OF PROPOSED AMENDMENT TO THE URBAN AREA ZONING ORDINANCE REGARDING ADULT ENTERTAINMENT ESTABLISHMENTS Council Member Barnett reviewed the staff report, and commented the City's adult entertainment ordinance has a provision in it that is now deemed to be unconstitutional. The cure to this issue is to amend the current ordinance to provide for a temporary license while the background checks are being completed. He further commented that most of the issues in the staff report are already addressed in the current ordinance. It was MOVED BY BARNETT, SECONDED BY BERGER, THAT THAT PROVISION BE APPROVED BY THIS COUNCIL AND THAT WE DIRECT THE APPROPRIATE LEGISLATION BE PREPARED, AND THE REST OF THE DISCUSSION BE TABLED UNTIL SUCH TIME AS THE STATE LEGISLATURE ACTS ON SOME OF THEIR PENDING LEGISLATION. Following discussion on whether action should be taken until after the State acts on this issue, supported by Council Members Beauchamp and Puccinelli, the question was called for a vote on the motion. The motion carried by 5 -1 voice vote; Beauchamp voting nay; Buchanan absent. Council Member Puccinelli commented he would like to restrict this type of business to only one section of town. He also requested the Legal Department to look at 1) Can we charge $1,000 to license adult entertainment type businesses; and 2) Can we ask for .a background check on, the dancers and charge them a $50 fee for the background check. He would also like to deny a dancer a license if previously convicted on a prostitution charge. Council Member Barnett pointed out that most of those provisions are contained in the City's current ordinance, except the license fee is $500. 1. STATUS REPORT ON GROWTH MANAGEMENT PLANNING Don Skone, Planning Manager, stated the staff report addresses five areas: zoning map, development standards, development regulations, neighborhood planning, and transportation; he updated 4 33 5 SEPTEMBER 9, 1997 - ADJOURNED STUDY SESSION the Council on the status of each of those segments. He stated that when the development;regulations''are completed, it will go to the Regional Planning Commission for review. Commenting on the transportation element, he stated his opinion that if the money is not there to support the Transportation Plan, then the projects should be scaled back. Discussion ensued regarding the need to I/ revise the Transportation Plan to incorporate recent transportation policies and the influence of the railroad. Council Member Puccinelli requested copies of the proposed changes to the development regulations as the changes are developed. City Manager Zais stated the development regulations have to be adopted prior to receiving additional state funding and the next funding cycle is March or April of 1998. Council Member Barnett stated that Council needs to be able to identify the changes and to correlate the changes to the Council policies. In addition, he requested a list of all policies with an indication of which policy will be, or has been, implemented. Mr. Skone stated the changes can be indicated with underlined or crossed out language, with the changes also described in text form. City Manager Zais stated Council can be provided with the same material that will be given to the Regional Planning Commission. The draft Planned Development Ordinance elicited a lot of discussion. One area of concern expressed by Council in the draft Planned Development Ordinance was the market analysis which may be required by the Hearing Examiner.. Staff indicated that the ordinance can be changed to meet the policy direction and intent of the Council. Mr. Skone advised Council that a Planned Development can be used to accomplish a number of objectives. This Planned Development Ordinance would tie a rezone to a specific project. There were contradictory opinions given by Council members about what a Planned Development zoning means to them in terms of development and property rights if the market needs change. Mr. Skone stated that Council can limit the use of .a rezoned property by utilizing a development agreement (or concomitant agreement). Mr. Peterson advised Council that under a development agreement, if the conditions aren't met, the rezone ordinance does not take effect; under a concomitant agreement, if the conditions aren't met, the City would have to take legal action to enforce the conditions in the agreement. Council Member Barnett stated this would restrict what a person can do with their property. 3. BACKGROUND WARRANTS CHECKS Council Member Puccinelli stated he has another issue he wishes to discuss with Council, the State Supreme Court ruling regarding background checks conducted by police officers. The Court ruled that police officers don't have the authority to ask for warrants checks when they have a citizen stopped - for a traffic infraction. I/ He proposed to give the City Police Department that authority. He commented that the State Legislature is going to reconvene and the House and Senate may pass a state law to provide that authority to, officers. Police Chief Blesio stated that Scott Brumback has prepared a proposed ordinance which would give the police officers the ability to make a warrants check during the course of a traffic stop. The recent decision by the State Supreme Court has prevented officers from conducting those types of checks. As it is now, if a warrants check is done and a warrant is discovered, the officer is prohibited from taking any action. The proposed 2 4'3 6 SEPTEMBER 9, 1997 - ADJOURNED STUDY SE ordinance would correct that deficiency at a local level so warrants checks can be made and the individual arrested. Scott Brumback distributed the proposed ordinance and commented that the State Supreme Court has said it is an unlawful detention of the citizen without proper authority to conduct a warrants check when a citizen is stopped for a traffic infraction. Discussion followed regarding conforming the City ordinance with what the State Legislature may pass. City Manager Zais stated that since this is an adjourned Council meeting, staff considered the situation and developed this proposed ordinance late yesterday. He reported the ordinance contains an emergency clause to put the ordinance in effect immediately and would require the unanimous vote of the Council. Council Member Sims pointed out that Council has not had time to review the ordinance and indicated he would have liked to see a sunset clause in the ordinance so it would be brought back to Council for reconsideration. City Attorney Paolella assured Council that this ordinance, and any ordinance, can be reconsidered in the future. Council Member Barnett stated that an alternative to the sunset clause would be to instruct staff to bring back this ordinance in 12 months. The proposed ordinance, having been read by title, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO PASS THE ORDINANCE. The ordinance failed when Council Member Klingele voted nay during the roll call vote. 4. ADJOURNMENT TO SEPTEMBER 16, 1997, 7:30 A.M., POLICE STATION LEGAL CENTER FOR STUDY SESSION The meeting adjourned at the hour of 8:47 a.m. READ AND CERTIFIED ACCURATE BY: / COUNCIL MEMBER DATE OUNCIL MEMBE'' DATE ATTEST: Xei ,J CITY CLERK LYNN BUCHANAN, MAYOR An audio tape of this meeting is available in the City Clerk's Office 3