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HomeMy WebLinkAbout11/24/1998 Adjourned Business Meeting 3 3 CITY OF YAKIMA, WASHINGTON NOVEMBER 24, 1998 ADJOURNED BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 p.m., in the Council Chambers of City Hall, Yakima, Washington, Mayor John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts also present. Yakima County Commissioners Betty Ingham and William Flower were also present. Yakima County staff members present were Terry Austin, Dick Anderwald and Elaine Taylor. 2. INVOCATION /PLEDGE OF ALLEGIANCE Mayor Puccinelli who also asked for a moment of silence to honor Charlie McAllister, pioneer aviator, who passed away this week, gave an Invocation. Council Member Barnett then led the Pledge of Allegiance. • Mayor Puccinelli read a joint proclamation with the City of Selah declaring the week of ,November 22 -28, 1998 as Kiewit Pacific Company Week to honor them for their outstanding work on the Selah /I -82 Interchange project. Mayor Puccinelli announced that the City was awarded a $5 Million EDI grant /loan for the Great Western Building project. He expressed gratitude for the efforts of the legislators, staff and other Council members in securing this funding and noted that Yakima was the only city in the entire Northwest to obtain this type of funding. 3. APPROVAL OF MINUTES OF THE NOVEMBER 3, 1998 ADJOURNED MEETING It was MOVED BY BUCHANAN, SECONDED BY KLINGELE, TO APPROVE THE MINUTES OF THE NOVEMBER 3, 1998 ADJOURNED MEETING. The motion carried by unanimous voice vote. SPECIAL JOINT CITY /COUNTY PUBLIC HEARING I/ 4. PUBLIC HEARING TO CONSIDER STATE MANDATED GROWTH MANAGEMENT ACT DEVELOPMENT REGULATIONS /DRAFT LEGISLATION (CONTINUED FROM 10/20/98) (PLEASE BRING NEW NOTEBOOK) 1 33 3 NOVEMBER 24, 1998 - ADJOURNED MEETING This being the time set for the continued hearing on the Growth Management Act required draft implementation legislation, Mayor Puccinelli announced that the items that affect the City and County will be heard first. Also present for this discussion were Larry Peterson, Assistant City lir Attorney, Don Skone, Planning Manager, and Joan Davenport, Supervising Associate Planner. (1) DRAFT ORDINANCE ADOPTING AMENDED FUTURE LAND USE MAP, ADOPTING AMENDED FIGURE III -2, AMENDING COMMERCIAL LAND USE DEFINITIONS AND ADOPTING UPDATED TRANSPORTATION PLAN Council Member Buchanan recused himself due to appearance of fairness or a possible conflict of interest. Dick Anderwald referred to a memorandum that was provided yesterday and explained a few changes in the Future Land Use Map and Zoning Map need to be made in the unincorporated areas. Three parcels are previously approved zoning changes and eight parcels are due to differences in the City's and County's GIS systems. Mayor Puccinelli opened the public hearing. There was no discussion regarding this issue. (2) DRAFT ORDINANCE ADDING NEW DEFINITIONS AND PROVIDING ZONING CLASSIFICATIONS FOR AIRPORT- RELATED USES AND PROJECT REVIEW IN OVERLAY DISTRICTS There was no public testimony given on this ordinance. (3) DRAFT ORDINANCE AMENDING THE DEFINITION OF DWELLING, MULTIPLE - FAMILY IN THE MUNICIPAL CODE There was no public testimony given on this ordinance. (4) DRAFT ORDINANCE AMENDING THE OFFICIAL YAKIMA URBAN AREA ZONING MAP AND TABLE 4 -1 Cec Vogt, Yakima Greenway Foundation, stated they are not in favor of the rezone of the Central Pre -Mix property. She submitted a petition containing approximately 400 signatures in favor of retaining the current zoning, Suburban Residential. Jim Smith, representing the Yakima Downtown I/ Rotary Club, Brian Blount, representing the Kiwanis Club, Don Rotell, representing the Yakima Area Arboretum, Mike Gempler, a Yakima citizen, Gordon Wonder, a Yakima citizen, and Len Sali spoke in opposition of the proposed zoning change for the Central Pre -Mix property to heavy industrial. Betty Gaudette, 701 North 6 Street, spoke in opposition to the proposed R -3 zoning in the 700 block of North 7 Street; the R -2 zoning between Lincoln and D Street on 8 Street; three blocks of R -3 zoning' on North 10 Street; and the zoning of R -3 in the northeast area north of Murphy Lane 2 334 NOVEMBER 24, 1998 - ADJOURNED MEETING up to "R" Street. Colleen Fisher, 8307 Wide Hollow Road, stated the neighbors are opposed to this area being rezoned to commercial zoning. She described the neighborhood and how the proposed garage (Bonnie & Clyde) would not be compatible to the area. She questioned which agency would be responsible for overseeing the garage's activities. Tony Novobielski, owner of the property described by Ms. Fisher at the southeast corner of Wide Hollow Road and 80 Avenue, stated he took this property in trade because the owner could not sell it. He felt the uses on this property as a commercially zoned property would be less disruptive to the neighbors than what they already have with the fruit warehouse next door to them. Mr. Anderwald stated that staff has not received a formal request to rezone this property. (5) DRAFT ORDINANCE ADDING NEW STANDARDS FOR DEVELOPMENT OF MOBILE /MANUFACTURED HOME PARKS There was no public testimony given on this ordinance. (6) DRAFT ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO NONCONFORMING USES AND STRUCTURES Dick Anderwald reported that at the request of Council and Commissioners a joint committee meeting was held to attempt to prepare a joint nonconforming use and structures ordinance, which he believed was accomplished. Don Skone reported an ordinance prepared by the City after that committee meeting is also presented for consideration. He stated there is a difference of opinion as to what was said during that joint committee meeting. The City option drops the 75% threshold so that structures can be rebuilt regardless of the extent of damage. It also speaks to the discontinuance of nonconforming use and would determine that those uses not re- established within 18 months would no longer be allowed unless an extension is granted by the Administrative Official. Council. Member Barnett stated the County's draft ordinance reinstates the 75% rule under certain circumstances with a Class 2 review. Assistant City Attorney Peterson circulated a revised "City" ordinance which corrects an error found in the ordinance previously distributed. Commissioner Ingham stated it is unfortunate that Commissioner Lewis is not present to speak to this issue because he attended the joint committee meeting. She encouraged the adoption of a common ordinance. It was determined that each entity could adopt its own ordinance. There was no public testimony given on this ordinance. 3 335 NOVEMBER 24, 1998 - ADJOURNED MEETING It was MOVED BY FLOWER TO CONTINUE THIS ITEM TO DECEMBER 8, 1998 FOR DECISIONS BY THE COUNTY. The Chair concurred and the motion was so ordered. The County Commissioners adjourned at 3:18 p.m. (8) DRAFT ORDINANCE ADDING NEW CHAPTERS TO TITLE 12 OF THE MUNICIPAL CODE- RELATING TO LAND USE AND DEVELOPMENT REGULATION: Neil McClure, 5708 Englewood, representing the Bicycle /Pedestrian Committee, urged the Council to consider the Committee's recommendation to adopt a standard to require sidewalks on both sides of new residential developments including empty lots if the possibility exists that sidewalks will be needed in the future. Council Member Barnett reported that the policy in the Urban Area Comprehensive Plan, which has not been changed, states that sidewalks will be required on both sides of arterial /commercial streets and on one side of residential /collector streets. A lengthy discussion ensued, with Joe Walsh, 5709 Walla Walla Lane asking if this change is considered the annual 30 -day opening of discussion for amendments to the Comprehensive Urban Area Plan. Stan Berndt, a Yakima citizen, agreed with the comments made by Neil McClure. Pam Alymer, 4708 Fechter Rd., agreed with the comments made by Neil McClure and Stan Berndt. Don Skone stated the Comprehensive Plan has been opened up to amendments in this process. GMA allows amendments to the Plan when development ordinances are adopted to implement the Plan. The policy regarding sidewalks is open for discussion; the Regional Planning Commission discussed and recommends no change to the Plan, which is Option A on today's agenda. Council wanted to consider sidewalks on both sides of residential streets, five feet wide, so Option B was prepared. If Council chooses Option B, then Council will need to direct staff to prepare an amendment to the Plan so the language will be consistent. Council Member Barnett pointed out that both Options reference Figures 1 -4; however, there aren't any Figures 1 -4. There is a revised Figure 1, but it is not in the new information provided for this meeting. Mr. Skone stated there is only one Figure now I/ and it is Figure 1 and it should have been included in the new information. (9) DRAFT ORDINANCE REGULATING SHORT SUBDIVISIONS, SUBDIVISIONS, PRELIMINARY PLATS, FINAL PLATS AND BINDING SITE PLANS, REPEALING TITLE 14 OF THE MUNICIPAL CODE AND ENACTING A NEW TITLE 14 4 336 NOVEMBER 24, 1998 - ADJOURNED MEETING Referencing a request from a previous Study Session, Council Member Barnett questioned why the ordinance was not changed to allow the Administrative Official to approve minor alterations to a binding site plan. Don Skone reported that it was not included because a reading of the statute did not provide that option. There was no public testimony given on this ordinance. (10) DRAFT ORDINANCE ESTABLISHING REGULATIONS FOR LAND USE AND DEVELOPMENT PERMITS There was no public testimony given on this ordinance. (11) DRAFT ORDINANCE ADDING NEW CHAPTER TO THE MUNICIPAL CODE RELATING TO CRITICAL AREAS Betty Gaudette stated it is her understanding that some of the proposed R -3 zoning on 7 and 10th Streets is designated as wet lands or is in the floodplain. She objected to the R -3 zoning for those properties. (12) DRAFT ORDINANCE PROVIDING A TRANSPORTATION DEMAND MANAGEMENT STRATEGY There was no public testimony given on this ordinance. Referencing the Critical Areas Ordinance, Council Member Barnett stated the ordinance refers to best management practices and best available science. He commented that since the statute does not mention best management practices, he thought that phrase would be deleted. Don Skone explained why the terminology was retained in the Critical Areas Ordinance; however, this phrase can be deleted from this ordinance if Council so desires. This ordinance is based on a model ordinance and ordinances from • other cities and that language is typical among them. No staff recommendation has been provided concerning best management practices terminology, and nobody has been able to define best available science. Addressing Betty Gaudette's concern about R -3 zoning in the critical areas designation, Mr. Skone stated that some of the R -3 properties are within the floodplain; however, he is not aware of any R -3 zoning in the wetlands. Plans are in process to raise the dike along the Naches River, potentially improving the floodplain designation for this area. Larry Peterson distributed a revised ordinance to replace the nonconforming use ordinance. 5 • 337 NOVEMBER 24, 1998 - ADJOURNED MEETING There being no other citizen wishing to address any of these ordinances, Mayor Puccinelli closed the public hearing. It was the general consensus of the Council to move into Executive Session for approximately ten minutes to discuss prospective litigation and then reconvene to consider enactment of these ordinances. Following the conclusion of the Executive Session, the meeting reconvened at 4:14 p.m. Council Member Barnett requested that Council begin with the nonconforming use ordinance. (6) DRAFT ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO NONCONFORMING USES AND STRUCTURES COUNTY OPTION CITY OPTION It was the general consensus of the Council to consider the City option. Ordinance No. 98 -57 having been read by title, it was MOVED BY BARNETT, SECONDED BY PLACE, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 98 -57, AN ORDINANCE relating to land use and development regulation, and amending Sections 15.19.050 15.19.060, 15.19.080, and 15.19.100 of the Yakima Municipal Code relating to nonconforming uses and structures. (1) DRAFT ORDINANCE ADOPTING AMENDED FUTURE LAND USE MAP, ADOPTING AMENDED FIGURE III -2, AMENDING COMMERCIAL LAND USE DEFINITIONS AND ADOPTING UPDATED TRANSPORTATION PLAN Ordinance No. 98 -58 having been read by title, it was MOVED BY KLINGELE, SECONDED BY PLACE, TO PASS THE ORDINANCE. The motion carried by 6 -1 roll call vote; Puccinelli voting nay. ORDINANCE NO. 98 -58, AN ORDINANCE concerning land use comprehensive planning and the Yakima Urban Area Comprehensive Plan: (1) to adopt an amended Future Land Use Map; and (2) to adopt Figure III -3; and (3) to amend Commercial Land Use Definitions to allow residential uses in all commercial districts; and (4) to adopt an Updated Transportation Plan. 6 333 NOVEMBER 24, 1998 - ADJOURNED MEETING AMENDMENTS TO ZONING ORDINANCE: (2) DRAFT ORDINANCE ADDING NEW DEFINITIONS AND PROVIDING ZONING CLASSIFICATIONS FOR AIRPORT - RELATED USES AND PROJECT REVIEW IN OVERLAY DISTRICTS Ordinance No. 98 -59 having been read by title, it was MOVED BY SIMS; SECONDED BY PLACE, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. • ORDINANCE NO. 98 -59, AN ORDINANCE relating to land use and development regulations; adding new definitions and providing zoning classifications for airport - related uses to § 15.02.010 YMC; and amending § 15.09.020(3) YMC regarding project review in overlay districts. (3) DRAFT ORDINANCE AMENDING THE DEFINITION OF DWELLING, MULTIPLE - FAMILY IN THE MUNICIPAL CODE Ordinance No. 98 -60 having been read by title, it was MOVED BY KLINGELE, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 98 -60, AN ORDINANCE relating to land use and development regulations, and- amending the definition of Dwelling, Multiple - Family, included in § 15.02.020 of the • Yakima Municipal Code. (4) DRAFT ORDINANCE AMENDING THE OFFICIAL YAKIMA URBAN AREA ZONING MAP AND TABLE 4 -1 Council Member Buchanan recused himself and left the room. After the ordinance amending the official Yakima Urban Area Zoning Map and Table 4 -1 was read by title, Council Member Place asked if requested changes in the map have, for the most part, been accommodated, including Betty Gaudette's request. Mr. Skone reported the map reflects the Regional Planning Commission recommendations. Requests to change the northeast and southeast areas of town were made, but the Regional Planning Commission did not change their recommendation. There were some R -3 zones created, which Ms. Gaudette did not want. It was MOVED BY KLINGELE, SECONDED BY SIMS, TO PASS THE ORDINANCE. It was MOVED BY PLACE, SECONDED BY BEAUCHAMP, TO AMEND THE R -3 AREA IN THE FLOODPLAIN TO R -2 IN THE NORTHEAST NEIGHBORHOOD. The motion carried by unanimous voice vote; Buchanan temporarily absent. Mr. Skone stated that staff will overlay the floodplain map above the zoning map and those R -3 properties in the northeast neighborhood that lies partially or wholly 7 339 NOVEMBER 24, 1998 - ADJOURNED MEETING in the floodplain will be changed to R -2. The question was called for a vote on the amended motion. The motion failed by 3 -3 roll call vote; Barnett, Puccinelli and Sims voting nay; Buchanan temporarily absent. In the absence of a majority vote; no zoning changes will be made. (5) DRAFT ORDINANCE ADDING NEW STANDARDS FOR DEVELOPMENT OF MOBILE /MANUFACTURED HOME PARKS Council Member Buchanan was present after 4:20 p.m. Ordinance no. 98 -62 having been read by title, it was MOVED BY KLINGELE, SECONDED BY BEAUCHAMP, TO PASS THE ORDINANCE. • It was MOVED BY BARNETT, SECONDED BY KLINGELE, TO AMEND THE ORDINANCE ON PAGE 3 OF 3, LINE 71, TO DELETE TREES SHALL BE PLANTED NO MORE THAN 30 FEET APART. The motion carried by 6 -1 voice vote; Buchanan voting nay. The question was called for a vote on the motion, as amended. The motion carried by 6 -1 roll call vote; Buchanan voting nay. ORDINANCE NO. 98 -62, AN ORDINANCE relating to land use and development regulation, and adding new standards for development of mobile /manufactured home parks to chapter 15.04 of the Yakima Municipal Code. (7) DRAFT ORDINANCE PROVIDING FOR PLANNED DEVELOPMENT REGULATIONS Ordinance No. 98 -63 having been read by title, it was MOVED BY SIMS, SECONDED BY PLACE, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 98 -63, AN ORDINANCE relating to land use and development regulation; providing for Planned Development (PD) regulation; and enacting a new chapter 15.XX of the Yakima Municipal Code. CITY ORDINANCES: (8) DRAFT ORDINANCE ADDING NEW CHAPTERS TO TITLE 12 OF THE MUNICIPAL CODE RELATING TO LAND USE AND DEVELOPMENT REGULATION: OPTION A: REQUIRES SIDEWALKS ON ONE SIDE OF • RESIDENTIAL STREETS AND REQUIRES EXISTING SIDEWALKS TO BE REPAIRED OR RECONSTRUCTED TO NEW WIDTH REQUIREMENTS, USE "MAY" TO REFER TO BIKE /PEDESTRIAN PLAN 8 340 NOVEMBER 24, 1998 - ADJOURNED MEETING OPTION B: REQUIRES SIDEWALKS ON BOTH SIDES OF ALL NEW, IMPROVED OR RECONSTRUCTED STREETS AND RETAINS EXISTING SIDEWALK WIDTH WHEN SIDEWALK IS REPAIRED OR RECONSTRUCTED AND USES "SHALL" TO REFER TO BIKE /PEDESTRIAN PLAN Option A having been chosen, the Ordinance was read by title. It was MOVED BY BARNETT, SECONDED BY KLINGELE, TO PASS OPTION A ORDINANCE. Mayor Puccinelli stated he would like to postpone a decision on this ordinance until after February when additional information about air quality control regulations will be known. If the City is required to pave all the currently unpaved streets and alleys, the City would be required to construct sidewalks at an estimated cost of over $37 Million. During the discussion this statement generated, Council Member Barnett requested information as to exactly which agency originated this regulation. Mr. Skone advised Council that a phrase in the ordinance states that the preferred sidewalk design is subject to approval by the City Engineer, who may adjust these standards. He thought Council could give direction to the City Engineer, in a budget situation, that sidewalks on both sides need not be included when the paving is being done to eliminate dust. Mr. Peterson supported Mr. Skone's suggestion, stating that the City Engineer could delete the second sidewalk requirement if there is a budget issue. Council Member Sims asked if it is critical that this ordinance be considered at this time. Mr. Skone responded that it may be considered important in light of Council adopting a new subdivision ordinance that has what few development standards there are. Council Member Buchanan commented that we need to pass these ordinances to be eligible for state funds. He pointed out that the ordinance could be amended in February if necessary. It was MOVED BY KLINGELE, SECONDED BY BARNETT, TO AMEND SECTION 12.05.020, PAGE 4 OF 8 IN OPTION A, INSERT THE WORD OTHERWISE BEFORE MINIMUM IN THE LAST SENTENCE. The motion carried by unanimous voice vote. Council Member Klingele had a question about engineered street plans under Section 12.06.090 on page 6. Mr. Skone replied that for those private access streets with a potential of serving 16 or more housing units, engineered street plans means the streets . would have to be designed by a licensed engineer. The question was called for a vote on the motion, as amended. The motion failed by 5 -2 roll call vote; Beauchamp, Buchanan, Place, Puccinelli and Sims voting nay. Option B, Ordinance No. 98 -64, having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE, INCLUDING THE PREVIOUSLY STATED AMENDMENT TO SECTION 12.05020 MADE BY COUNCIL MEMBER KLINGELE. The 9 341 NOVEMBER 24, 1998 - ADJOURNED MEETING motion carried by 5 -2 roll call vote; Barnett and Puccinelli voting nay. ORDINANCE NO. 98 -64 AN ORDINANCE relating to land use and development regulation, and adding new chapters to Title 12 of the Yakima Municipal Code. (9) DRAFT ORDINANCE REGULATING SHORT SUBDIVISIONS, SUBDIVISIONS, PRELIMINARY PLATS, FINAL PLATS AND BINDING SITE PLANS, REPEALING TITLE 14 OF THE MUNICIPAL CODE AND ENACTING A NEW TITLE 14 Ordinance No. 98 -65 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. It was MOVED BY BARNETT, SECONDED BY BUCHANAN, TO AMEND THE ORDINANCE ON PAGE 37 OF 39 TO PROVIDE FOR AN ADMINISTRATIVE REVIEW AND APPROVAL PROCESS FOR MINOR MODIFICATIONS FOR BINDING SITE PLANS. Following a brief discussion regarding ordinance language for the amendment, the question was called for a vote on the motion. The motion carried by unanimous voice vote. The question was called for a vote on the motion, as amended. The motion carried by 6-1 roll call vote; Puccinelli voting nay. ORDINANCE NO. 98 -65, AN ORDINANCE relating to division of land; regulating short subdivisions, subdivisions, preliminary plats, final plats, and binding site plans; prescribing general design standards; prescribing powers and duties of public officials, public bodies and others in relation thereto; providing for enforcement thereof and providing penalties for violations thereof; repealing existing Title 14, "Subdivisions," of the City of Yakima Municipal Code; and enacting a new Title 14, "Subdivisions," and new chapters and sections thereof, all of the City of Yakima Municipal Code (10) DRAFT ORDINANCE ESTABLISHING REGULATIONS FOR LAND USE AND DEVELOPMENT PERMITS Ordinance No. 98 -66 having been read by title, it was MOVED • BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. The motion carried by 6 -1 roll call vote; Puccinelli voting nay. ORDINANCE NO. 98 -66, AN ORDINANCE relating to land use and development regulations; establishing regulations for land use and development permits; and adding a new title to the Yakima Municipal Code. (11) DRAFT ORDINANCE ADDING NEW CHAPTER TO THE MUNICIPAL CODE RELATING TO CRITICAL AREAS 10 342 NOVEMBER 24, 1998 - MEETING Ordinance No. 98 -67 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY PLACE, TO PASS THE ORDINANCE. The motion carried by 5 -2 roll call vote; Barnett and Puccinelli voting nay. ORDINANCE NO. 98 - 67, AN ORDINANCE relating to critical areas, adding a new chapter to the Yakima Urban Area Zoning Ordinance. (12) DRAFT ORDINANCE PROVIDING A TRANSPORTATION DEMAND MANAGEMENT STRATEGY Ordinance No. 98 -68 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO PASS THE ORDINANCE. City Manager Zais directed Council's attention to a blank in the ordinance on page 4 and stated staff needs a suggestion as to the amount of the fee for appeals. It was MOVED BY PLACE, SECONDED BY SIMS, TO AMEND THE ORDINANCE TO INSERT $150 AS THE FEE ON PAGE 4 OF 5. The motion carried by 5 -2 voice vote; Barnett and Puccinelli voting nay. The question was called for a vote on the motion, as amended. The motion carried by 5 -2 roll call vote; Barnett and Puccinelli voting nay. ORDINANCE NO. 98 - 68, AN ORDINANCE concerning land use and development regulation under the state Growth Management Act, and providing a transportation demand management strategy as required by RCW 36.70A.070. City Manager Zais requested direction to prepare additional legislation on the Comprehensive Plan policy in light of the motion regarding the sidewalk ordinance. It was MOVED BY SIMS, SECONDED BY PLACE, TO DIRECT STAFF TO BRING BACK AN AMENDMENT TO THE COMPREHENSIVE PLAN REGARDING SIDEWALKS. It was MOVED BY PUCCINELLI, SECONDED BY KLINGELE, TO AMEND THE MOTION TO DIRECT STAFF TO BRING BACK THE ORDINANCE TO AMEND THE COMPREHENSIVE PLAN ONLY IF IT MEANS WE DON'T LOSE OUR ONE - YEAR OPENING. The motion carried by unanimous voice vote. The question was called for a vote on the motion as amended. The motion carried by 6 -1 voice vote; Barnett voting nay. Don Skone summed up the action today, noting that Council did not adopt an amended zoning map, therefore, it is important that everyone who participated in the process and may have anticipated a change in zoning needs to be notified that it will not happen. He stated that includes Verna Beggs Wilde who had requested a zoning change in the area east of Fair Avenue. The zoning map will be inconsistent with the adopted Comprehensive Plan. Council Member Sims inquired if this inconsistency will stop the GMA process 11 343 NOVEMBER 24, 1998 - ADJOURNED MEETING from being valid. Mr. Skone cautiously responded that it could be in serious jeopardy. Without a new zoning map to implement 'the plan, there will be problems. It was MOVED BY SIMS, SECONDED BY KLINGELE, TO RECONSIDER THE YAKIMA URBAN ZONING MAP ISSUE AND TABLE 4 -1. Council Member Buchanan once again recused himself and left the room. The motion carried by 4 -2 voice vote; Barnett and Puccinelli voting nay. Ordinance No. 98 -61 having been read by title, it was MOVED BY SIMS, SECONDED BY PLACE, TO PASS THE ORDINANCE. It was MOVED BY PLACE, SECONDED BY KLINGELE TO AMEND THE ORDINANCE TO CHANGE THE R -3 ZONES IN THE FLOODPLAIN TO R -2 FOR AREAS IN THE NORTHEAST NEIGHBORHOOD. The motion carried by 4 -2 voice vote; Puccinelli and Sims voting nay. The question was called for the vote on the motion as amended. The motion carried by 4 -2 roll call vote; Barnett and Puccinelli voting nay. ORDINANCE NO. 98 -61, AN ORDINANCE relating to land use, zoning, and development regulation; amending the Official Yakima Urban Area Zoning Map; and amending § 15.04.030 and Table 4 -1 of the Yakima Municipal Code. 5. ADJOURNMENT TO DECEMBER 7, 1998 AT 6:30 P.M. AT CAVANAUGH'S GATEWAY FOR DINNER WITH AREA LEGISLATORS, THEN TO DECEMBER 8, 1998 AT 9:00 A.M. FOR BUDGET WRAP -UP; AND TO NOON FOR THE YAKIMA VALLEY LEGISLATORS LUNCHEON AT PROVIDENCE HOSPITAL - FAMILY MATERNITY CENTER It was MOVED BY PLACE, SECONDED BY KLINGELE, TO ADJOURN THE MEETING AT 5:04 P.M., TO DECEMBER 7, 1998 AT 6:30 P.M. AT . CAVANAUGH'S GATEWAY FOR DINNER WITH AREA LEGISLATORS, THEN TO DECEMBER 8, 1998 AT 9:00 A.M. FOR BUDGET WRAP -UP; AND TO NOON FOR THE YAKIMA VALLEY LEGISLATORS LUNCHEON AT PROVIDENCE HOSPITAL - FAMILY MATERNITY CENTER. The motion carried by unanimous voice vote; Buchanan absent. i / READ AND CERTIFIED ACCURATE BY: ` / It -r7 OUNCIL ME R DATE / / Cle CIL MEMBER DATE Pr ATTEST: GtJ� ( 29--eA-e1 c ) v �e..c CITY CLERK / / JOHN PUCCINELLI, MAYOR An audio and video tape of this meeting are available in the City Clerk's Office 12 344 CITY OF YAKIMA, WASHINGTON DECEMBER 7, 1998 ADJOURNED MEETING The City Council met in session on this date at 6:30 p.m., at Cavanaugh's Gateway, Yakima, Washington. Mayor John Puccinelli and Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims were present. Also in attendance were Senator Alex Deccio (14th District); Representatives Mary Skinner, Jim Clements (14th District); and Representative -elect Bruce Chandler (15th District). City staff members Dick Zais, City Manager; Glenn Rice, Assistant City Manager; and Marketa George Oliver, Administrative Assistant to the City Manager, were present as well as Association of Washington Cities (AWC) staff members, Stan Finkelstein and Jim Justin. Mayor Puccinelli called the meeting to order at 7:00 p.m. He started by asking the legislators to discuss issues they see in the next session. Representative Mary Skinner spoke about Referendum 49, which passed last. November and will have an impact on activity in the upcoming session. She also talked about how the House of Representatives operates under the dual leadership. (There are 49 Republicans and 49 Democrats in the House, which means that the parties . share leadership responsibilities.) Representative Clements talked about the need for tax reform and education. AWC Executive Director, Stan Finkelstein, spoke about transportation priorities under Referendum 49 and how those will be established. Representative -elect Chandler indicated that he had been spending a lot of time in Olympia to get acclimated and was looking forward to his first session. Assistant Mayor Mary Place asked if anyone was expected to change parties to give one political party the majority in the house. The legislators and AWC staff said that was unlikely to happen. Mayor Puccinelli then discussed the City's priorities. Senator Deccio and Assistant City Manager Rice presented the Higher Education Center issue. They provided background information on the project and Senator Deccio mentioned that he is looking for as many letters as possible to take to Olympia supporting the project. Mayor Puccinelli discussed the gambling tax issue and indicated that the City is in favor of treating for - profit and non - profit activities equal to the Tribal gaming operations with respect to gambling tax statutes. City Manager Zais mentioned that the City has reduced gambling tax three times in the last three years to address concerns of area organizations involved in gambling 345 DECEMBER 7, 1998 ADJOURNED MEETING WITH AREA LEGISLATORS activities. Assistant Mayor Place talked about a task force she serves on that is trying to talk to tribal representatives about gambling tax. Tribal representatives have declined to attend the meetings. City Manager Zais talked about transportation issues and funding. He indicated there was $170 million reserved for local government transportation needs in the Referendum 49 money. He then talked about rail mitigation funding. He discussed the City's elevated rail proposal and reinforced the need for an 'elevated rail by giving an example. If there were 26 trains per day and each train was one mile long, it would take a total of eight hours to clear the intersections in Yakima. He said the City has been addressing the project in pieces. The first piece is the Burlington Northern /Santa Fe contribution, which the railroad has committed. The City now needs a contribution from the State, which will be used to leverage federal monies. The City is number 37 in the Freight Mobility study ranking. Council Members Sims and Klingele discussed water rights and water basin planning. They provided an update on the Tri- County Watershed Council planning efforts. They suggested that the Legislators could help by facilitating State agencies in clarifying how the agencies are supposed to assist in local planning efforts. Council Member Sims asked that money which should already have been released from the State, actually BE released. City Manager Zais discussed economic development issues. He talked about the decrease in City sales tax revenues and how Internet sales have the potential to further impact sales tax income. He also talked about convention center expansion. Electrical restructuring, telecommunications and mandates were the next issues discussed. The issue of minor work rules was included under the Mandates /Regulatory Reform on the City's priority list. Mayor Puccinelli spoke to the issue. Assistant Mayor Place said that if a youth is placed in an alternative school, work should be an integral part of the person's experience, but under current regulations, the young person is nearly prohibited from working. Mayor Puccinelli talked about gang house abatement and encouraged the Legislators to pursue legislation that has been previously introduced. The other Council members also voiced their support. City Manager Zais addressed the issue of liability reform. ,Council Member Klingele and AWC Staff member Jim Justin discussed Y2K liability preemption and clarified some related issues. 2 346 DECEMBER 7, 1998 ADJOURNED MEETING WITH AREA LEGISLATORS The meeting adjourned at 9:30 p.m. to December 8, 1998 at 9:00 a.m. in the Council Chambers for budget wrap - up. READ AND CERTIFIED ACCURATE BY: 7 C� CIL MEMBER � DATE C• CIL MEMBER DATE ATTEST: CITY CLERK JOHN PUCCINELLI, MAYOR • • 1 3