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HomeMy WebLinkAbout11/01/2005 Business Meeting 3 1 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL NOVEMBER 1, 2005 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. Invocation /Pledge of Allegiance The Reverend Robert Trimble delivered the invocation followed by the Pledge of Allegiance led by Council Member Sims. Mayor George introduced Joshua Christopher, a junior at West Valley High School, who spent the afternoon job shadowing the mayor. Reverend Trimble gave a tribute to Rosa Parks for whom the City's flags are flying at half- staff. Ms. Parks' act of refusing to give up her seat on the bus began a movement that ended legal segregation in America. 3. Open Discussion for the Good of The Order /Special Presentations A. Proclamations • National Family Caregivers Month Mayor George read a proclamation declaring November as National Family Caregivers Month. Don Hinman accepted the proclamation. B. Special Presentations: • Davis High School Curriculum: William O. Douglas Trail and the trolleys Doug Johnson, a teacher at A. C. Davis High School, spoke about a program called Access American Literature that conducted a hike on the William O. Douglas Trail. Mr. Johnson introduced six young men who participated in the hike. Council Member Place commented that we have received funding to improve the bridge on the trail to make it multi - modal. John Aylmer, Cowiche Canyon Conservancy, spoke about the purchase of Snowmountain Ranch that is to become part of the William O. Douglas Trail. C. Citizen service requests None 31'7; NOVEMBER 1, 2005 D. Consideration of appointments to boards and commissions • Board of Appeals PLACE MOVED AND SIMS SECONDED TO APPOINT JIM JOHNSTON, TERRY POE, AND ROD CASSEL TO THE BOARD OF APPEALS. The motion carried by unanimous voice vote. 4. Consent Agenda Mayor George referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 17 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BONLENDER SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Approval of the minutes of the October 17, 2005 Joint Public Hearing The minutes of the October 17, 2005 Adjourned Joint Public Hearing were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 5. Audience Participation No one came forward to speak. PUBLIC HEARING 6. Public hearing and consideration of legislation relating to the Stormwater Utility: A. Public hearing to consider amending the stormwater ordinance rate structure City Manager Zais explained this public hearing is required to consider the deferral of the stormwater utility fees enacted a year ago as well as the other aspects of the utility ordinance for stormwater put in place to be in compliance with the federal stormwater rules and regulations. This is a federal mandate, administered by the Environmental Protection Agency (EPA) through the Department of Ecology (DOE) at the state level. During the last few months we have been working to create a network of local government partners with the City of Yakima, Yakima County, the Cities of Sunnyside, Union Gap and Moxee to pursue a regional utility for compliance with this mandate. The timeframe for issuance of the permit is July 2006 allowing us to proceed with the partnership coalition. Mr. Zais pointed out that we are also embarking on a value engineering assessment to carefully review whether or not what has been proposed is needed and meets the minimum criteria. He noted that we are also applying for discretionary funds. 2 31 a NOVEMBER 1, 2005 • Mayor George opened the public hearing Clarence Barnett, representing the Central Washington Homebuilders Association, said they support the deferment of stormwater fees, however, in addition to the deferment, they feel the base rate fee structure in the ordinance should be deleted for the present time. Their rationale is that the main reason for performing a value engineering study and establishing a regional plan is to reduce overall stormwater costs. It is anticipated that a consolidated regional approach will reduce the redundancy of effort and be far more effective. These reductions in overall stormwater costs should have a corresponding reduction in the stormwater base rate fees. Upon completion of the value engineering study and the regional plan, a new reduced base rate structure should be reviewed and established by the City Council. Mike Morrisette, President and CEO of the Yakima Chamber of Commerce, encouraged the Council to pass this legislation. • Mayor George closed the public hearing B. Ordinance deferring established regional stormwater utility fee implementation for one year to January 2007 The City Clerk read the ordinance by title only; SIMS MOVED AND EDLER SECONDED TO APPROVE THE ORDINANCE. Council Member Place said she appreciated Mr. Barnett's comments, but thinks Council should wait until the study is done. City Manager Zais said the rates that have been established are based on the current analysis that's been done. We don't have anything different yet. It is true we have the objective of greater efficiencies and economies of scale but we don't know what they will be. This ordinance can be amended at any time in the future once we know what the value engineering study says. The question was for a vote on the motion. The motion carried by unanimous roll call vote. ORDINANCE NO. 2005 -62, AN ORDINANCE relating to the stormwater fee for the storm drainage and surface water management utility; deferring the implementation of the stormwater fee; amending Sections 7.80.110 and 7.80.170 • of Chapter 7.80 of the City of Yakima Municipal Code to reflect said fee deferral; and providing for related matters. C. Resolution authorizing execution of interlocal agreement with Yakima County and the cities of Union Gap, Sunnyside, and Moxee for continued cooperation in planning for regional stormwater compliance The City Clerk read the resolution by title only; McCLURE MOVED AND EDLER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. 3 319, NOVEMBER 1, 2005 RESOLUTION NO. R- 2005 -163, A RESOLUTION authorizing and directing the City Manager of the City of Yakima ( "Yakima ") to execute Interlocal Agreement with Yakima County ( "County "), the City of Moxee ( "Moxee "), the City of Sunnyside ( "Sunnyside "), and the City of Union Gap ( "Union Gap ") for continued cooperation in planning for regional stormwater compliance. D. Resolution authorizing submission of grant application to the State Department of Ecology for regional stormwater planning and implementation The City Clerk read the resolution by title only; PLACE MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. Council Member McClure commented that by doing this study and partnering with the other communities we become eligible for more state money than we would be individually. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2005 -164, A RESOLUTION authorizing the City Manager of the City of Yakima ( "Yakima ") to approve submittal of a Stormwater Grant Application with the Washington State Department of Ecology naming Yakima as an agency partnering with Yakima County ( "County "), the City of Moxee ( "Moxee "), the City of Sunnyside ( "Sunnyside "), and the City of Union Gap ( "Union Gap ") in such endeavor. CITY MANAGER'S REPORTS 7. Consideration of denial of Right -of -Way Use permits for: A. Repair and replacement of an existing fence at 3416 Taylor Way requested by Maureen Mould Doug Maples, Code Enforcement and Planning Manager, gave background information on the issue. As a result of multiple complaints, it was discovered that the fence violates the City's zoning ordinance. The property owner has applied for a right of way use permit. The fence is in the right -of -way by approximately five feet and is also in the clearview area of the intersection. Mr. Maples said this is a two -part issue as, if the right -of -way use permit is approved, the owner would then have to apply for an administrative adjustment to deal with the fence height restriction. Staff's reasons for suggesting denial are life safety issues. The lack of sidewalks is putting pedestrians into the street. Approving this right -of -way could set a precedent for the City and the City may assume liability. Also, staff does not have the ability to make an adjustment on vision clearance requirements. He pointed out that the vegetation ordinance in Chapter 8.80 of the Municipal Code and the Zoning Ordinance in Chapter 15.05 have different standards for height and distance. ONDS met with the owner of the property and she is eligible for assistance. Mr. Maples explained that the fence would have to be moved back approximately 20 feet if the current height was maintained; otherwise it would have to be lowered down to 30 inches. 4 3 -2 O NOVEMBER 1, 2005 Maureen Mould, the property owner spoke. Her house faces Taylor Way and her entire back yard is fenced off on 36 and Barge Avenues. The fence has been there for over 40 years. Apparently this issue came about because of an anonymous complaint when the fence needed to be repaired. Almost every residence on Taylor Way with a back yard on Barge has fencing and shrubbery right up to the curb, or beyond. The fence repair was nearly complete when she received notification from the City that it was in the right -of -way and needed attention. Although she is in agreement about having this fence moved back, the neighborhood standards all have shrubs and fences right up to the curb, so why does she have to take out almost half of her yard. She then pointed out that a 2 1 foot fence would not keep her dog in the yard. She said she is very safety conscious and is willing to compromise. After much discussion on the various aspects of the intersection and impacts to the owner's yard, trees, and sprinklers, SIMS MOVED AND PLACE SECONDED TO DEFER THIS TO STAFF AND GO OUT AND VIEW THE MOST APPROPRIATE SOLUTION TO THIS CLEARVIEW AND RIGHT -OF -WAY ISSUE. After further discussion on the two issues, public right -of -way and clearview, BONLENDER MOVED AND McCLURE SECONDED TO AMEND THE MOTION TO TAKE THE ISSUE TO THE NEIGHBORHOOD DEVELOPMENT COMMITTEE TO WORK OUT THE NECESSARY COMPROMISES. City Manager Zais agreed that there is conflicting legislation that needs to be solved. The motion to amend carried by unanimous voice vote. The question was called for a vote on the amended motion. The amended motion carried by unanimous voice vote. Ralph Collin of the Barge /Chestnut association said he was impressed that the Council members had done their homework and were being so helpful. B. Construction of fenced paved area for fenced parking at 5903 Douglas Drive requested by Richard Schultz Doug Maples, Code Enforcement and Planning Manager, said that staff recommends denial of this request. The request is to use 1,375 square feet of right -of -way on Englewood Avenue. The ordinance that allowed parking in the public right -of -way was rescinded in 1999. This issue is also the result of a complaint. There are no sidewalks on either side of this street. The fenced in area is about 20' into the right -of -way. It is paved and is being used for RV storage. The fence causes pedestrians to walk out into the street. City staff does not have the authority to make an administrative adjustment on this matter, as well as it raises a liability question. The 1,375 square feet is publicly owned property that is being used for private use without property tax assessment. It was noted that there could be problems related to a utility box located on this property as well as problems that could arise if the main residence were to be sold. If the request were denied, the property owner would have to remove the fence and not use the property as a parking area. Property Owner, Rick Schultz, admitted building and later finding out it is not his property. He pointed out that there are other properties to the west with similar fencing on the right -of -way. Council asked Mr. Schultz several questions about the property and after some discussion, SIMS MOVED AND McCLURE SECONDED TO DENY THE RIGHT OF WAY USE PERMIT. In response to a 5 32 ,1 NOVEMBER 1, 2005 Council question, Jeff Cutter, City Legal, advised that this particular use would create a precedent that would be difficult to deal with when someone else makes use of a location and then asks whether or not there is a problem after the use is already committed. He also commented that there are still issues that could be raised with regard to injuries that could happen on the property as it is not Mr. Shultz's property and any use would extend a liability to the City to some degree. With regard to future development, it appears there is a plan to widen the street on the Six -Year Plan. At that time any use permit would have to be eliminated. The question was called for a vote on the motion. Council Member Sims asked, if the denial motion were approved, how much property would Mr. Schultz have to restore? Mr. Maples recommended removing the fence and leaving the blacktop there. The motion carried by a 5 -2 roll call vote; Bonlender and Edler voting nay. *8. Consideration of Resolution authorizing execution of Dial -A -Ride eligibility consultant services contract with Provident Services RESOLUTION NO. R- 2005 -165, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Dial -A -Ride Eligibility Consultant Services Contract with Provident Services. 9. Consideration of Resolution authorizing execution of agreement with the Greater Yakima Chamber of Commerce for promoting and fostering economic development Bill Cook, Director of Community and Economic Development, advised they have spent time reviewing the two -year contract (retroactive to January of 2005 and continuing through December of 2006) being proposed with the Chamber of Commerce. The financing for next year would be subject to approval of the 2006 budget. They have updated the scope of services and added a new local business survey. The agreement has been reviewed by the Community Economic Development committee and they recommend approval. Mike Morrisette, Executive D of the Chamber of Commerce, commented that the Chamber has been through two leadership changes in the last six months and they are working diligently to introduce some "best practices" into their operations. They are changing out their computer system and that would be included in the contract deliverables. They are also realigning the Board and some programs and will be introducing some internal controls to operate more efficiently. He has been in chamber work for 22 years and has learned that it's not enough to do things right; you have to pick the right things to do. With regard to the contract, it's not about the money, it's about continuing a productive relationship between the Chamber and the City. Mr. Morrisette then discussed various details in the contract. The City Clerk read'the resolution by title only; SIMS MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2005 -166, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the Greater Yakima Chamber of Commerce, Inc. for the purpose of fostering community economic development, citizen participation in City government, and improvement of the quality of life in Yakima. 6 322- NOVEMBER 1, 2005 Following a short break, the meeting resumed at 4:10 p.m. *10. Consideration of Resolution ratifying the execution of a loan application to the Washington State Water Pollution Control 2007 Revolving Fund to implement the first phase of construction improvements at the Wastewater Treatment Plant RESOLUTION NO. R- 2005 -167, A RESOLUTION ratifying the authorization of the City Manager to execute applications, certifications and agreements pursuant to an application for a construction loan from the Fiscal Year 2007 (7/1/06- 6/30/07) Washington State Water Pollution Control Revolving Fund (SRF), administered by the Washington State Department of Ecology, in the amount of $4,000,000 for improvements to the Wastewater Treatment Plant and other documents related to this project. *11. Consideration of Resolution declaring an emergency and authorizing the execution of contracts for centrifuge rental and repair of existing Wastewater Treatment Plant centrifuge for biosolids dewatering RESOLUTION NO. R- 2005 -168, A RESOLUTION declaring an emergency and authorizing the City Manager to execute the contracts for renting a centrifuge and repairing the existing WWTP centrifuge for biosolids dewatering. *12. Consideration of Resolution reauthorizing the City Manager to execute and settle any claims against or by the City in an amount of $100,000 or Tess RESOLUTION NO. R- 2005 -169, A RESOLUTION authorizing the City Manager of the City of Yakima to resolve and settle any claims against or by the City in an amount of $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims. *13. Consideration of Resolution authorizing sole source purchase of a disk array system for the Public Safety Communications Division RESOLUTION NO. R- 2005 -170, A RESOLUTION Authorizing the City Manager to purchase a Disk Array System from Hitech Systems, Inc. to be used to enhance our Computer Aided Dispatch System which, by improved operation enhances our public safety operations, for a purchase price not to exceed $43,000 (plus sales tax) as a sole source purchase without calling for bids, and further directing the City Manager to execute all appropriate and necessary documents to complete the purchase and transaction. *14. Consideration of Resolutions approving designation and authorizing federal CHODO HOME funding for various community organizations: A. Yakima Interfaith Coalition RESOLUTION NO. R- 2005 -171, A RESOLUTION approving the request from Yakima Interfaith Coalition, to be considered a Community Housing Development Organization (CHDO), authorizing and directing the City Manager and the City Clerk to execute all necessary documents granting CHDO status to Yakima Interfaith Coalition. 7 3 2:3:., NOVEMBER 1, 2005 B. Yakima Valley Partners Habitat for Humanity RESOLUTION NO. R- 2005 -172, A RESOLUTION approving a $142,000 grant request from 2005 -2006 Federal HOME funds to Yakima Valley Partners Habitat for Humanity for acquisition of two properties for construction of five single - family 3 or 4 bedroom homes and authorizing and directing the City Manager and the City Clerk to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Yakima Valley Partners Habitat for Humanity. C. OIC of Washington RESOLUTION NO. R- 2005 -173, A RESOLUTION approving a $70,000 grant request from 2005 Federal HOME funds for acquisition and demolition, and a $100,000 loan using HOME dollars for construction costs to OIC of Washington, to construct two (2) single - family homes located in the City authorizing and directing the City Manager and the City Clerk to execute all necessary grant documents, including a grant agreement, between the City of Yakima and OIC of Washington. *15. Approve final contract payment for the General 308 Irrigation System Phase 2 Project No. 04056 -C performed by THG Construction, LLC The report from the consultant engineering firm Huibregtse, Louman Associates, Inc., dated September 23, 2005, with respect to the completion of the work on the General 308 Irrigation System Phase 2 /Stage 1 Improvements Project No. 04056 -C, performed by THG Construction, LLC, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *16. Set date of public hearing for December 6, 2005 to consider amendment to the 2005 Community Development Block Grant Annual Action Plan December 6, 2005 was set as a date of public hearing to consider amendments to the 2005 Community Development Block Grant Annual Action Plan 17. Acceptance of report from the Water and Irrigation Division regarding the Lower Naches River Coordination Project Dave Brown, Water and Irrigation Manager, explained that in October of 2004, we approved a Memorandum of Understanding with the Department of Transportation and Yakima County to develop a plan to look at the Naches River from the general irrigation diversion dam to the confluence. We worked together on the plan and shared the development cost. This plan becomes the marketing tool for obtaining funding. The next steps are for Council Member Sims to work with the watershed implementation (will be adopted tomorrow morning) and then with Council Member McClure getting involved with salmon recovery. Once it is all put together, we will be in line for monies from the Bonneville Power Administration, The Corps of Engineering, the County Flood Control, and the gas tax. 8 324 NOVEMBER 1, 2005 Gary Beeman, Environmental Manager with the Department of Transportation, explained that they are trying to develop partnerships that they believe can bring a lot of funds into the community to help. Although the agreement is with City /County /DOT, there are a lot of other partners involved such as the Greenway and Fish and Wildlife. Council Member Place commented that we hope we can rewrite the critical areas ordinance under GMA so these projects can move forward at a faster pace. After further discussion, SIMS MOVED AND PLACE SECONDED TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. ORDINANCES 18. Consideration of Ordinance authorizing the issuance of Limited General Obligation Bonds for parks capital improvements City Manager Zais explained that this is the bond that Council authorized to be prepared for issuance this year for park improvements as a consequence of the earlier decision to close pools and move funds into other recreational endeavors. We just recently completed the improvements at Miller Park. This will help us match the state funding authorized in the recent Legislature for the fourth softball field at Kiwanis Park, the water playgrounds at Washington and Miller Parks, the Kiwanis Park Skate Board park, and the feasibility study on a regional aquatics center initiative now underway. Tim Jensen, Treasury Service Officer, explained that these are 10 -year limited tax general obligation bonds. When asked if Council members are restricted from buying the bonds, Rita Anson, Budget and Finance Manager, explained that when we looked into it previously, bond counsel advised it would not be wise for Council members to purchase during the first round. Once the bonds are out on the secondary market it is not a problem to purchase them at the open market price. Council Member Bonlender asked what would happen to the excess funds if the aquatic center consultant cost less than budgeted due to the legwork done by the aquatics committee. Mr. Jensen explained any excess funds could be applied to wherever Council directed it in the Parks capital budget. The City Clerk read the ordinance by title only; SIMS MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. City Manager Zais advised that a formal sale purchase contract would be brought back to Council on November 15 ORDINANCE NO. 2005 -63, AN ORDINANCE of the City of Yakima, Washington, providing for the issuance of limited tax general obligation bonds of the City in the principal sum of not to exceed $825,000 to finance park improvements and providing the form and terms of the bond. *19. Consideration of an Ordinance amending the Municipal Code to provide for removal of members on Council- appointed boards and commissions where removal authorization is not elsewhere provided ORDINANCE NO. 2005 -64, AN ORDINANCE relating to administration, adding chapter 1.30.010 as a new Chapter to Title 1 of the Yakima Municipal Code to establish a procedure by which members of City Council boards, committees and commission may be removed when no specific removal provision is provided by other ordinance provision. 9 3 NOVEMBER 1, 2005 *20. Consideration of an Ordinance amending the Classification and Compensation Plan for certain City employees ORDINANCE NO. 2005-65, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective December 4, 2005; amending Subsections 2.20.100A, 2.20.1000, 2.20.110A, and 2.20.1100, all of the City of Yakima Municipal Code. 21. Other Business Council Member Edler raised the issue of the meeting agenda again due to the Chamber Director having to wait two hours before his item was addressed. He challenged Council to look into the potential of shuffling agenda items so we don't have honored members of our community, people helping us get where we want to go, suffering through all the other things on the agenda. Council Member Place advised that she has been working with the City Clerk on putting together a courtesy policy and will be reviewing it with the Meeting Subcommittee shortly. • Information Items Items of information provided to Council were: 10/27/05 News Release: re Judge Determines Congdon Rezone is Valid; Agenda for the November 2, 2005 Hearing Examiner meeting; Agenda for the November 2, 2005 Community Review Board meeting; Planning Division Assignments Pending as of November 1, 2005; Article from October 24, 2005 Nation's Cities Weekly, "Senate Passes TTHUD Appropriations Bill; and Article from the October 26, 2005 Seattle Post-lntelligencer re: "HouseValues is Expanding to Yakima" CLOSED RECORD PUBLIC HEARING 22. Closed record public hearing to consider the Hearing Examiner's recommendation for a long plat at 1419,S. 72 Avenue requested by Pete Olson and Frank Baehm Jeff Peters, Assistant City Planner, explained that this is a preliminary plat comprised of 5.94 acres consisting of 28 lots zoned R -1. Also included are a master application for Class 2 Review for common wall single - family construction and an administrative adjustment from 45% to 55% lot coverage. Staff review has disclosed that all standards are met. The transportation concurrency review indicates sufficient capacity to absorb the traffic for this development. On September 8th the Hearing Examiner heard testimony both for and against. On September 22 the Hearing Examiner issued a written recommendation for approval subject to conditions contained in the staff report. Staff recommends accepting the Hearing Examiner's recommendation and directing the legal staff to prepare the appropriate legislation. Council Member Place advised that Council had received some of the letters from people around the area that would like us to restrict this to owner - occupied housing. She wanted to state publicly that is not within the City's jurisdiction. Lot #5 on the plans was discussed. It had been originally proposed as a daycare 10 3 6n NOVEMBER 1, 2005 facility, however, the developer has purchased the entirety of the property and a daycare is no longer proposed at that location. In discussion about the requirement of sidewalks, it was noted that because those requirements were originally put forth during SEPA as part of the mitigated determination of non significance, they will stand whether it is put in the plat or not. • Mayor George opened the closed record public hearing. Bill Hordan, 410 N. 2nd Street, thanked City staff for the wonderful job they did on this project. He said they are still working with the City Engineer to get a signal at Mead and 72 Avenue. Although the Hearing Examiner added a couple contingencies, they are willing to accept them. It is their intent to sell all of the units. There will only be two duplexes, so there will be four rental units on the corners. With regard to Lot #5, it is likely that the daycare application may be resubmitted. It will require a Class 3 review. It is their intent to put sidewalks on both sides per the subdivision code. Harold Race, 707 N. 1 Street, commented that he thinks the people who have owned the property for 55 years are definitely entitled to sell as long as it is done in accordance with the Codes of the City of Yakima. He urged Council to consider passing this Class 2 review, known as the Hedgewood Addition. Laura Ridd, 1526 S. 69 Avenue, said that, although she understands Mr. Baehm's need to sell the property, the neighborhood doesn't like it. Her specific concern is the issue of ownership. She moved from a duplex area and finds it disheartening as a homeowner to not have any say over whether or not it becomes a rental neighborhood. She talked about covenants in their subdivision that require homeownership and was hoping the developer could create such a covenant. She passionately expressed concern about lot #5 and the potential of a daycare. Another concern she expressed was with regard to Mead Avenue extending eastward as they live in the pending shadow of Wal -Mart. The traffic congestion by the schools as Mead continues to be extended will come into their neighborhood. Council Member Place clarified that anything that happens on lot #5 would have to go through a Class 3 review and would give the neighbors another opportunity to address the issue. • Mayor George closed the closed record public hearing. SIMS MOVED AND MCCLURE SECONDED TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION. Council Member Place also expressed concern about Lot #5. She doesn't feel it is a good area for a day care. Council Member Edler asked for clarification about a statement made that a common wall building is a glorified duplex. Bruce Benson, Planning Supervisor, advised that within the R -1 zoning district our zoning ordinance permits the common wall construction. The major difference between a duplex and common wall construction is that common wall allows for separate ownership of both sides of it. But there's no guarantee, even if it's a single family owned home, that it won't also be a rental. There is a minimum lot size for common wall construction; below that lot size you can have duplex. Common wall has a property line running down the middle of the structure. With a duplex, at least one half of it would be a rental where the owner occupies one side and rents out the other. 11 • 3.2., 7: NOVEMBER 1, 2005 Mr. Benson also explained that we have had several developments lately involving common wall structures, as it is one of the ways we are meeting some of the density standards of the GMA. It is a Class 2 and carries a presumption of compatibility. Council Member Sims interjected that house prices have gone up so high it is requiring the builder to do this to get the price of a house down to something people can afford. The question was called for a vote on the motion. The motion carried by 6 -1 roll call vote; Edler voting nay. There was a short discussion on how the zoning ordinance does not contain specific standards for evaluating compatibility and determination is based on public comment. It was suggested by a previous Hearing Examiner that we need standards for evaluating compatibility. As we look at our zoning ordinance again, perhaps that is something we could clarify. 23. Executive Session regarding pending and prospective litigation (allow approximately 45 minutes) McCLURE MOVED AND PLACE SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES TO DISCUSS PENDING AND PROSPECTIVE LITIGATION, AND THEN TO NOVEMBER 8, 2005 AT 8:30 A.M. FOR A PUBLIC HEARING ON AN LID AND A BUDGET REVIEW SESSION FOR THE PUBLIC WORKS DEPARTMENT. The motion carried by unanimous voice vote. 24. Adjournment Following the Executive Session, the meeting adjourned at 6:39 p.m. READ AND CERTIFIED ACCURATE BY // `-. COU IL M MBE / DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK PAUL P. GEORGE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 12