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