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HomeMy WebLinkAbout03/12/1985 Business Meeting '24 MARCH 12, 1985 BUSINESS MEETING The City met in session on this date at 3:00 p.m. in the Council Chambers of City Hall. 1. ROLL CALL At 3:00 p.m., the Council members comuenced the regular meeting, Mayor Barnett presiding, Council members Henry Beauchamp, Pat Berndt, Lynn Buchanan, Lynn Carmichael, Jerry Foy and Jack Sparling present on roll call. City Manager Zais, City Attorney Andrews, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION The Pledge of Allegiance was led by Mayor Barnett. Gloria McGlothlen, leader of a local girl scout troop; and two of her members were present to accept a proclamation, read and presented to them by Mayor Barnett, in which the week of March 10th -16th was proclaimed "Girl Scout Week." Mrs. McGlothlen stated that today (March 12th) is the 73rd birthday of the Girl Scouts organization in America. Rich Flathers, Vice President of the Traffic Safety Advisory Commission, was also presented with a proclamation by Mayor Barnett proclaiming March 17th -23rd as "Traffic Safety Awareness Week." 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Barnett indicated Item No. 9, the report from Engineering & Utilities, regarding evaluation of Fruitvale Canal Project, will be deferred one week. Council member Carmichael pointed out that the National League of Cities will be convening in 12 weeks in Washington D.C. and one of the topics of discussion will be the federal budget and proposed cuts. The proposed cuts include General Revenue Sharing and Community • Development Block Grant funding. She suggested Council prepare a resolution (to be delivered by Council member Buchanan and herself) indicating the continuation of the Federal Revenue Sharing and Community Development Block Grant funds is vital to Yakima, as well as other cities across the United States. It was MOVED by Beauchamp, seconded by Foy, that such a resolution be prepared for delivery by Council members Buchanan and Carmichael to the National League of Cities in Washington D.C. Unanimously carried by voice vote. 4. CONSENT AGENDA Mayor Barnett referred to the Items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Mayor Barnett reiterated that Item No. 9 has been deferred one week. There being no additions or deletions requested by Council members or citizens present, the City Clerk than read the Consent Agenda items, including the resolutions and ordinances by title. It was MOVED by Carmichael, seconded by Buchanan, that the Consent Agenda, as read, be passed. Unanimously carried by roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *5. APPROVAL OF COUNCIL MINUTES The Council minutes of February 5 & 19, 1985 were approved, having been, duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION None • • MARCH 14-1985 ° 25 7. HEARING ON REZONE OF PROPERTY LOCATED AT 103 N. 6th ST., AS REQUESTED BY LARRY BECKER This being the time set for the hearing on a rezone application requested by Larry Becker, for property located at 103 North 6th . Street, and the hearing procedure having been read, the Mayor opened the hearing for testimony. John Haddix, Supervising Planner, was present representing staff, and gave a brief overview of the staff report and reconu endations. Larry Becker; 103 North 6th Street, rezone applicant, was present to speak in support of the rezone of property from R -3 to Planned Development for the purpose of establish- ing an accounting firm. There being no other citizens present desiring to speak either for or against the rezone request, the public hearing was declared closed by Mayor Barnett. It was MOVED by Foy, seconded by Berndt, to accept the staff and Planning Commission's recommendation for approval of the rezone request. Unanimously carried by voice vote. 8. HEARING ON REZONE OF PROPERTY LOCATED AT 1507 W. YAKIMA AVENUE, AS REQUESTED BY BONNIE ARMSTRONG This being the time set for the hearing on a rezone application requested by Bonnie Armstrong for property located at 1507 W. Yakima Avenue, and the hearing procedure having been read, the Mayor opened the hearing for testimony.' John Haddix, Supervising Planner, was present representing staff, and gave a brief overview of the staff report and it's recommendations for approval. Pat Brown, representing the applicant; spoke in favor of the rezone request by Bonnie Armstrong. The rezone request will allow'for a studio gallery, nine parking spaces, and appropriate landscaping for the project. There being no other citizens present to speak either for or against the rezone request, the public hearing was declared closed by Mayor Barnett. It was MOVED by Foy, seconded -by Beauchamp, that the rezone request be approved. Unanimously carried by voice vote.. 9. REPORT FROM ENGINEERING & UTILITIES REGARDING EVALUATION OF r RUITVALE CANAL PROJECT Deferred one week. *10. CONSIDERATION OF A RESOLUTION .AUTHORIZING EXECUTION OF INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS WITH THE CITY OF PROSSER AND THE TOWN OF KI ITAS RESOLUTION NO. D -5093, A RESOLUTION authorizing the execution of Intergovernmental Cooperative Purchasing Agreements with the City of Prosser and the Town of Kittitas. *11: CONSIDERATION OF AN ORDINANCE AMENDING THE 1985 BUDGET AND APPROPRIATING FUNDS FOR THE PACIFIC INSTITUTE SPECIAL TRAINING COURSE (Second Reading) An Ordinance appropriating funds for the Pacific Institute Special Training Course having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE NO. 2855, AN ORDINANCE amending the 1985 budget for the City of Yakima, and making an appropriation in the 000 - General Fund for expenditure during 1985. *12. CONSIDERATION OF AN ORDINANCE AMENDING THE 1985 BUDGET AND APPROPRIATING FUNDS FOR SEWER CAPITAL IMPROVEMENT PROJECTS (Second Reading) An Ordinance appropriating funds for Sewer Capital Improvements projects having been read by title only at the previous meeting, was brought before the Council for a second reading. ORDINANCE ORDINANCE N0: 2856, AN ORDINANCE amending the 1985 budget for the City of Yakima; and making an appropriation in the 472 -STP Capital Reserve Fund for expenditure during 1985. • 26 MARCH 12, 1985 13. OTHER BUSINESS • City Manager Zais informed Council members that he has received a letter from Dr. John Naiden requesting an investigation (by Council) of the hiring and administrative practices of the administrator of the Southeast Community At Work, Inc., Mr. Zais stated he conferred • with City Attorney Andrews regarding this issue and both agree that the past historical role should be adhered to by the City. The past history regarding the relationship and involvement of the City was • reviewed by Mr. Andrews. He stated the City owns the facility, however, the building is on a twenty year lease to .the Southeast Community At Work, Inc., and is subject to the continuing control of the local public body (the City) for at least twenty years after completion of the project. Mr. Andrews stated the facility is to be used for health, social, recreational or other similar community services and any deviation from these type of services requires approval of the City Council. He stated the City has had no direct role in attempting to control the programs, tenants, services offered therein, or in the administration of the facility. Mr. Andrews stated this contract language has met requirements of state and federal government audits throughout the years that the Center has been operating. He indicated unless the Council desires to change the language of the contract, giving the City more control of the activities at the facility, the request of Dr. John Naiden falls outside the scope of the lease document. It was MOVED by Carmichael, seconded by Berndt, to reaffirm the policies as set forth in the past, and that those policies are reiterated here today. Unanimously carried by voice vote. Beauchamp abstaining due to possible conflict • of interest. It was the general consensus of the Council to proceed with the Joint Study Session on the Urban Area .Plan and complete "Other Business" at the conclusion of that meeting. 14. DISCUSSION REGARDING THE URBAN AREA PLAN AND ZONING ORDINANCE AT 3:30 p.m. Yakima County Coiuuissioners Chuck Klarich, Graham Tollefson and Jim Whiteside were present to discuss the Yakima Urban Area Zoning Ordinance and proposed amendment to the Urban Area Plan. County Director of Planning, Dick Anderwald, and Assistant Director Mark Hinthorne, and City Director of Community & Economic Development, Glenn Rice, Assistant City Manager Stouder and Associate Planners Judd Black and Don Skone were also present to participate in this discussion. City Manager Zais indicated the items on today's agenda have been addressed previously by Council and Coiiaiiissioners and will be • addressed today by staff and Attorney Dan Fessler. Mayor Barnett questioned if the adoption of the proposed policies concerning map change requests would be inconsistent with map changes recommended by the Regional Planning Commission. Assistant City • Manager Stouder and Co1IILissioner Tollefson indicated it would not. Mark Hinthorne reviewed a flip chart summarizing the nonconforming use provisions in the proposed zoning ordinance. He also reviewed the four options to be considered with regard to changing the existing policy or amending the proposed zoning ordinance. Those options are as follows' OPTION A It is the intent of the ordinance to permit legal nonconforming uses to continue to exist, and to be rebuilt in the same form if destroyed, without regard to bulk, dimension, or other development standards of the district in which the structure is located. OPTION B It is the intent of this ordinance to permit legal nonconforming uses to continue to exist and to be rebuilt if they are damaged or destroyed. Provided that nonconforming uses that are substantially destroyed shall be allowed to rebuild only if, after a public hearing, it is determined that their continuance would not harm the public health, safety and welfare. • MARCH 12, 1985 • 27 The following criteria is to be used by the hearings examiner as a basis for his evaluation: 1. That the enlargement or change requested would not be contrary to the public health, safety or welfare. 2. That construction of the nonconforming use and /or structure is consistent with the character of the neighborhood. 3. That the significance of the applicant's hardship is more compelling than, and reasonably overbalances, the public benefit resulting from denial of the relief requested. 4. That the use or structure was lawful at the time of its inception. 5. That the value of nearby properties will not be significantly depressed by the rebuilding. OPTION C N. It is the intent of this ordinance to permit nonconforming uses to continue to exist until they are removed by economic forces or otherwise destroyed. OPTION D It is the intent of this ordinance that all nonconforming uses shall be phased out over time and that the length of the period provided for their removal shall be adequate to permit the amoritization or • recovery of the remaining value of the use or . structure. Nonconforming uses destroyed before the end of the amoritization • period shall be discontinued. • Discussion followed regarding the advantages and disadvantages of the four .options. It was the general consensus of Council members and County Coimissioners that Option B, with an amendment being made to the indexing language, be presented for further consideration at the next public hearing. City Manager Zais indicated an agenda will be mailed to the citizens who have spoken previously at the public hearings and additional material will be made available to them at the meeting on March 18th. Judd Black presented the staff report regarding the residential density and minimum lot sizes, and the alternatives. Following discussion of these issues, it was the general consensus of the Council members and County Cociwissioners to have staff proceed with recommendations 2, 3, and 4 of the staff report. Those recouuuenda- tions are as follows: • 2. Amend the Ordinance to 0 -7 dwelling units per net residential acre. 3. Amend the Ordinance to allow newly created lots for duplexes in • the R - -2 • Zone to. be 7, 000, square feet. 4. Retain minimum lot sizes for all other residential uses. Following discussion regarding amending the proposed plan to 6 dwelling units per acre and 7 dwelling units per acre, staff was requested to bring back information regarding what impact this would have on the plan. '" Klarich,. Tollefson and Whiteside absent after 5:30 p.m.) .Don Skone reviewed the staff report on Nob Hill Boulevard Land Use and Zoning Policy. This report included four alternatives and the staff's recouuuendation of Alternative D,recognize Nob Hill Boulevard as a developing conuuercial arterial and modify the proposed zoning to accomodate transition to conniercial use. Following discussion of the alternatives and recociu«endation, it was the general consensus to accept staff's recouuuendation of Alternative D, and to consider this option further during the public hearing on March 18th. 28 MARCH 12, 1985 City Manager Zais interjected that the Nob Hill Boulevard project has placed City staff and Council members in a position of evaluating a lot of different aspects of future zoning in addition to the Urban Area Plan and Proposed Zoning Ordinance. He stated the zoning needs to be compatible and staff should be moving forward on the same basis with these projects. Mayor Barnett stated the Proposed Ordinance does not address the issue of solar access, swimming pools, placement of signs, Uniform Building Code, or Housing & Urban Development projects. He requested staff consider these areas and provide information back to the Council and Commissioners at a future meeting. The Joint Study Session regarding the Urban Area Plan and Proposed Ordinance having been completed, Council reverted to continuation of Item No. 13 on the Council Agenda. V -13. OTHER BUSINESS (Continued) It was MOVED by Foy, seconded by Beauchamp, to appoint James Hovis to the Library Board to serve the remainder of Tom Dietzen's term, plus, serve another seven year term. Unanimously carried by voice vote. It was MOVED by Foy, seconded by Carmichael, to appoint Mike Schallanberger to the Community Development Citizen's Advisory Commis- .sion replacing Bob Sinclair. Unanimously carried by voice vote. Information Items Items of information supplied to Council were: Letter from Director of Perry Technical Institute expressing appreciation for directional traffic sign to the Institute. 3/4/85; Memos from City Attorney regarding damage claims procedure and Damage Claims referred to Insurance Company. 3/5/85 & 3/1/85; 1985 Boards & Conmissions Vacancies. 3/8/85: February 27, 1985 article from The Wall Street Journal, "Increasing Number of Suburbs Face Problems Once Confined to Cities :" Minutes of February 13, 1985 Utility Rate Advisory Board Special..Meeting; Minutes of February 7, 1985 Civil Service Couuuission meeting: Minutes of February 26, 1985 Board of Adjustment, and Minutes of November 26, 1984 & January 28, 1985 Community Advisory Committee meetings. _15. ADJOURNMENT There being no further business to come before the Council, it. was MOVED by Sparling, seconded by Carmichael, that this meeting be adjourned at the hour of 5 :55 p.m., to then meet at 7:30 p.m. on March 18, 1985 at the Yakima Center to continue the public hearing on the Proposed Urban Area Plan and Zoning Ordinance. Unanimously carried by voice vote. READ AND CERTIFIED ACCURATE :Y N �/t . , CO IL MEMBER DATE AUEST: COUNCIL MEMBER DA'Z'E CITY CLERK MAYOR