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