HomeMy WebLinkAbout07/30/1985 Study Session •
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JULY 30, 1985
STUDY SESSION ON THE HEARINGS
EXAMINER SYSTEM IN THE PROPOSED
URBAN AREA ZONING ORDINANCE
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The City Council and County Commissioners met on this date at 3:00 p.m.
in the Council Chambers of City. Hall, Yakima, Washington, for the
purpose of conducting a study session on the Hearings Examiner Concept
proposed in the Zoning Ordinance.
County Commissioners present were Graham Tollefson, Chuck Klarich, and
Jim Tithiteside. Assistant Director of County nning, Hinthorne
was present representing County staff. Council Pla members Mark present were
Mayor Clarence Barnett, Henry Beauchamp, Pat Berndt, Lynn Buchanan, Lynn
Carmichael, Jerry Foy and Jack Sparling. City Manager Zais, Assistant
City Manager Stouder, City Attorney Andrews, Director of Community &
Economic Development Rice, Associate Planners Judd Black and Don Skone,
and Deputy City Clerk Barbara Toney were all present representing City
management and staff.
Commissioner Tollefson opened the study session indicating that Report
No. 34 would be reviewed, however, no action would be taken on behalf of
the report.
Commissioner Klarich distributed a case history of decisions made to
date by the County Adjuster. He indicated this position and procedure
(much like the one being considered for the Hearings Examiner) has been
in place for the past three and one half years and has been quite
successful. Mr. Klarich indicated this information is offered for
informational purposes only.
Associate Planner, Don Skone, reviewed Report No. 34, indicating that
the Hearing Examiner Ordinance and Interlocal Agreement are in draft
form only at this time and changes are likely. to be made prior to the
adoption of the zoning ordinance. Mr. Skone indicated the Hearings
Examiner concept is a result of City Council and County Commissioner's
direction during a joint meeting in 1982. He reiterated the three goals
. of the proposed Urban Area Plan and Zoning Ordinance remain 1)
consistency, 2) reduction of processing time, and 3) increased
flexibility. .Don Skone referred to the creation or composition of the
Proposed Hearings Examiner Committee which would established by the
Interlocal Agreement. The committee would consist of two
two Council members and the Chairman of the Regional Planning
Commission. The function of the committee would be primarily to monitor
the work and decisions of the hearings examiner, develop an annual
budget, make recommendations on the hiring of the hearings examiner, and
if needed, recommendations for termination of the hearings examiner.
Commissioner Tollefson and Whiteside indicated they are not in agreement
with the recommended composition of the Hearing Examiner Committee.
Mayor Barnett expressed concern with establishing a separate and
distinct organization. Commissioner Tollefson stated they do not favor
this idea and would elect to reach a decision between Council members
and Commissioners. Mr. Skone stated another alternative is to include
all of the Council members and Commissioners in the composition of this
committee. It was pointed out by Mr. Skone that this issue will have to
be resolved prior to finalizing the plan and ordinance. Discussion
continued regarding who would actually make the final decision on zoning
matters. Commissioners Tollefson and Klarich indicated they do not
intend to vest such powers in the hearings examiner unless his decisions
can be appealed to the County Commissioners or City Council. Discussion
continued regarding various aspects of RCW 36.79 and Report No. 34.
Mayor Barnett stated he has concerns and questions regarding the report
and other information presented today, and is not ready to make final
decisions on these matters. Commissioner Tollefson indicated until such
time as the City is ready to proceed, there can be no further discussion
or action•taken on these particular issues.
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Discussion ensued regarding the appeals process, the appeal fees, and
the timeframes involved for the various applications.
Council member Foy explained that he had several questions which needed
to be answered, therefore, he had spent a considerable amount of time
with the Planning staff discussing these issues prior to today's
meeting. Council member Buchanan suggested other Council members might
wish to follow this course of action to expedite these meetings in the
future.
Director Glenn Rice reminded Council and the Commissioners that these
documents are in draft form and subject to modification. He indicated
he and his staff would make themselves available to Council members and
Commissioners if they wish to have clarification on any of the issues
being considered.
Commissioner Klarich requested staff to give more definition as to what
the Hearings Examiner role will be, as the proposal is vague. He stated
the elected officials should always be the persons responsible for
accepting any appeals, and beyond that, it can be appealed to the courts
at any time. He also questioned what action would be taken if the
Committee does not agree with the Hearing Examiner's decision. He
requested staff prepare a one page summary to clarify these issues.
Mark Hinthorne responded to Commissioner Klarich's inquiries, stating
these issues are addressed in the Ordinance on page 6, 2.23.140, and on
page 9E.
Commissioner Tollefson reiterated, due to Mayor Barnett being
uncomfortable with issues discussed today, there is no need to proceed
with the meeting.
City Manager Zais suggested deferring further discussion today in an
attempt to allow Council time to meet with staff and clarify issues in
question. Council member Sparling requested that information regarding
the cost of implementation be provided prior to adoption of the
ordinance.
Commissioner Whiteside asked how many more meetings are necessary before
the plan can be adopted. Don Skone indicated another meeting is
necessary to address the Hearings Examiner concept. He also indicated a
meeting is scheduled for Monday, August 5th, to address text amendments
before the Hearings Examiner Ordinance and Interlocal Agreement can be
adopted. Commissioners continued to press for a projected adoption date
and City Manager Zais requested that Council be allowed to meet with
staff regarding the revised schedule of the remaining steps to be
completed and the action anticipated and proceed from that point.
The Study Session having been concluded by City Council and the County.
Commissioners, it was MOVED by Foy, seconded by Carmichael, that this
meeting be adjourned at the hour of 4 :54 p.m. Unanimously carried by
voice vote. /
READ AND CERTIFIED ACCURATE BY / %1 ma DATE � d`z/1 8S
G21'11 COUNCIL i :ER
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COUNCIL MEMBER
ATTEST:
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9 CITY CLERK( MAYOR
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