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HomeMy WebLinkAbout10/06/2009 04A Draft Minutes 09-22-2009 Study Session• YAKIMA CITY COUNCIL STUDY SESSION SEPTEMBER 22, 2009 — 8:00 — 9:30 A.M.. COUNCIL CHAMBERS - YAKIMA CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez; Staff: City Manager Zais, City Clerk Kloster 2. Review of alternate procedures for Hearing Examiner appeals Bill Cook, Director of CED, opened the discussion. Joan Davenport, Planning Manager, referenced the report previously given to Council in May. The subject has been discussed in the Intergovemmental Committee and with the County Commissioners. The Commissioners chose to stay with their current method. Before going out to neighborhood communities to discuss the process, they requested Council direction on whether to continue and, if so, in what format. It was noted that of the ten first class cities in the state of Washington, eight have a hearing examiner system and of those eight, Yakima is the only one that does not refer appeals of the hearing examiner decisions to Superior Court. Discussion points were: • Potential liability for the City with regard to their decisions . • The pros and cons of citizen emotions in Council decisions versus court decisions • Cost to citizens to appeal to the court rather than to Council • City staff preparation time (Legal versus Planning) • Potential of bifurcating the process and limiting the appeals going to Council to minor appeals; and issues that may result 9 How the presiding Judge has land use education versus the limited land use backgrounds of Council members when making decisions Following discussion, RODRIGUEZ MOVED AND ADKISON SECONDED TO MOVE FORWARD WITH A PUBLIC PROCESS BY SENDING OUT A SURVEY AND HOLDING A PUBLIC MEETING AND TO ALSO HAVE STAFF RESEARCH A BIFURCATED PROCESS. The motion failed by a 4 -3 vote;. Coffey, Cawley, Lover and Ensey voting no. • STUDY SESSION — HEARING EXAMINER APPEALS SEPTEMBER 22, 2009 3. Audience Comments Audience members who participated in the general discussion were: Joe Walsh, Central Washington Homebuilders Association, and Bill Hordan, a professional land use planner; who both spoke against the change. Also participating in the discussion was Council Candidate Mary Place who encouraged pursuing public comments on the issue. 4. Adjournment CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 9:15 a.m. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE DAVID EDLER, MAYOR Minutes prepared by Deputy Clerk Watkins. A CD and DVD of this meeting are available in the City Clerk's Office i 2