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HomeMy WebLinkAbout03/04/1986 Business Meeting 266 MARCH 4, 1986 BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 p.m. in the Council Chambers of City Hall, Yakima, Washington. Mayor Henry Beauchamp, presiding, Council members Clarence Barnett, Pat Berndt, Lynn Buchanan, Lynn Carmichael and Jerry Foy present on roll call. Jack Sparling absent and excused. City Manager Zais, City Attorney Andrews, City Clerk Roberts and Deputy City Clerk Toney also present. 2. INVOCATION The Invocation was given by Don Skidmore, - representative of the Full Gospel Businessmen's Fellowship. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Mayor Beauchamp read a proclamation declaring March 9 -15, 1986 as the "Week of Parent and the Young Child ". The proclamation was accepted by Carolyn Forsberg. Mayor Beauchamp read and presented a proclamation to Phila Bresnaham of the Safetybelt Coordination Program which declared the week of March 2 -9, 1986 as "Drug and Alcohol Awareness Week ". Ms. Bresnaham presented each Council member with a green ribbon to wear which bore the theme of the program, "Count on Me." Council member Buchanan questioned the amount of money the City pays the Clean Air Authority for the purpose of monitoring air pollution in the area. He stated he observed a number of brush and trash fires burning throughout the City yesterday which resulted in a tremendous amount of smoke in the Yakima Valley . He indicated the City should be looking into the cause of all the smoke -when it is as bad as it was yesterday. City Manager Zais stated he believes the City pays less than $5,000 a year to the Clean Air Authority, and the Mayor serves as representative of the Council on the Clean Air Board. (Upon checking the figures, we found the actual 'cost to be $10,463 for all Clean Air Services.) 4. AUDIENCE PARTICIPATION None 5. CONSIDERATION OF LEGISLATION REGARDING URBAN AREA ZONING: It was MOVED by Barnett, seconded by Foy, the findings of fact, reasons for action, analysis of factors considered controlling and and action taken be adopted . Unamimously carried by voice vote. Sparling absent. A. ORDINANCE ADOPTING THE URBAN AREA ZONING ORDINANCE Ordinance No. 2847 having been read by title, it was MOVED by Carmichael, seconded by Buchanan, the ordinance be passed. Carried by 5 -1 roll call vote. Barnett voting nay. Sparling absent. For point of clarification, Council member Berndt stated last week Council adopted a minor change in the pay ordinance and the City had to pay for the entire ordinance to republished. She questioned if the entire zoning ordinance would have to be republished if future changes are made in the fee schedule. Council member Foy also expressed concern with publication costs and the requirements to publish city ordinances. City Manager Zais stated amendments to the zoning ordinance may be published by section as amended. City Attorney Andrews explained state law requires the City publish ordinances either in full text or in summary as they are adopted. City Manager Zais noted that unlike other State c 6 MARCH 4, 1986 mandated requirements the state has determined the publication costs are not reimbursable to the City. ORDINANCE NO. 2847, AN ORDINANCE relating to zoning and land use regulations; enacting Title 15 of the City of Yakima Municipal Code and superceding and replacing. Title 12 of the City of Yakima Municipal Code; enacting a canprehensive new zoning ordinance and zoning maps for the City of Yakima including provisions which: (1) Establish and define new zoning' districts for the Yakima Urban Area implementing the goals, policies and mapping adopted in the Yakima Urban Area Comprehensive Plan, (2) create a new land use classification system which establishes the degree to which land uses are permitted in each district and the apppropriate level of review for land uses allowed in each district, (3) establish new development standards, (4) establish off - street parking standards and requirements, (5) establish sitescreening standards and requirements, (6) establish sign standards and requirements, (7) establish special development standards for certain uses, (8) authorize the administrative adjustment' of certain development standards, (9) establish requirements of procedures for applications for permits, (10) establish provisions pertaining to permits, (11) establish three basic levels of review to evaluate land use proposals and procedures for use in each level of review, (12) provide for appeals of decisions on land use decisions, (13) establish provisions to review modifications to existing or approved development uses, (14) establish the circumstances, conditions, procedures under which nonconforming uses, structures and lots are permitted to continue to exist and expand, (15) provide for and allocate responsibilities and requirements for the administration, enforcement,, and interpretation of the ordinance, (16) authorize in certain limited circumstances variances'fran the ) strict application of the ordinance, (17) establish the rules and procedures for interpreting the text of the ordinance, the zoning map which the ordinance incorporates, and the rules and regulations established in the ordinance, (18) establish procedures for amending the zoning text or map, (19). establish procedures to authorize, after notice and opportunity for hearing, revocation or modification of'any permit or approval previously approved or granted, (20) establish responsibilities and procedures for enforcing provisions of the ordinance and imposing civil and criminal penalties for violations, (21) define certain terms, phrases and words used in the ordinance, (22)-establish certain transition policies and procedures, (23) establish a future effective date, and, generally providing for a comprehensive new zoning ordinance within the City of Yakima. B. ORDINANCE ESTABLISHING AN OFFICE OF HEARING EXAMINER; DISSOLVING THE EXISTING PLANNING COMMISSION; AND ESTABLISHING THE YAKIMA URBAN AREA REGIONAL PLANNING COMMISSION Ordinance No. 2848 having been read by title, it was MOVED by Carmichael, seconded by Berndt, the ordinance be passed. Council member Foy stated the fee for filing an appeal is inconsistent and asked if it could be corrected prior to publication of the ordinance. The question was called for a vote on the motion. Unanimously carried by roll call vote. Sparling absent. - ORDINANCE NO. 2848, AN ORDINANCE establishing an office of Hearing Examiner and setting forth the duties, powers, and procedures for such office and enacting Chapter 1.43 "HEARING EXAMINER" City of Yakima Municipal Code; (2) dissolving the existing planning commission of the City of Yakima; (3) establishing the Yakima Urban Area Regional Planning Commission as the planning commission of the City of Yakima and providing for its organization, procedures and duties, repealing sections 1.42.010 through 1.42.060 of the City of Yakima Municipal Code and enacting new provisions replacing said sections; (4) establishing a future effective date for this ordinance; and [J MARCH 4, 1986 (5) establishing transition policies and procedures for certain applications filed prior to the effective date for this ordinance. C. RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH YAKIMA COUNTY REGARDING URBAN AREA HEARING EXAMINER Resolution No. D -5223 having been read by title, it was MOVED by Berndt, seconded by Carmichael the resolution be adopted. Unanimously carried by roll call vote. Sparling absent. RESOLUTION NO. D -5223, A RESOLUTION authorizing the execution of an "Intergovernmental Agreement For Mutual Use Of Hearing Examiner Services" with the County of Yakima. Sparling absent. D. RESOLUTION AMENDING THE CITY OF YAKIMA COMPREHENSIVE PLAN Resolution No. D -5224 having been read by title, it was MOVED by Carmichael, seconded by Berndt, the resolution be adopted. Unanimously carried by roll call vote. Sparling absent. RESOLUTION NO. D -5224, A RESOLUTION adopting amendments to the comprehensive plan of the City of Yakima. Council member Barnett indicated his reason for voting against the Urban Area Zoning Ordinance relate primarily to provisions in the ordinance regarding nonconforming structures. He stated his first concern is the limitation placed on the dollar amount which may be spent in a twelve month period for repair and maintenance of a nonconforming structure. He stated the other item of concern relates to a structure damaged beyond 75% of adjusted assessment value. He stated he feels the City ordinance, which presently states 65% of a reasonable replacement value, is more fair to the citizens. Therefore, it was MOVED by Barnett, seconded by Foy, that staff be instructed to review titles 15.19.060 and 15.19.080•and related titles, with the objective of deleting the dollar limitation on maintenance and repair of nonconforming structures and to allow reconstruction of a nonconforming structure damaged beyond 65% of a reasonable replacement value. City Manager Zais asked if it is the intent of Council that staff confer with the County and coordinate this issue. Council responded affirmatively. The question was called for a vote on the motion. Unanimously carried by voice vote. Sparling absent. 6. APPROVAL OF OUT -OF -STATE TRAVEL FOR STEVE SCOTT TO SAN DIEGO, CA It was MOVED by Barnett, seconded by Carmichael, the out -of -state travel for Steve Scott, Fire Department, to San Diego, California, March 4 -8, 1986 at a cost of $906, be approved. Unanimously carried by voice vote. Sparling absent. Mayor Beauchamp asked Glenn Rice, Director of Community & Economic Development to make a few comments prior to the ordinances and intergovernmental agreement being signed by the City Council members and County Commissioners. Mr. Rice expressed appreciation to Council members, County Commissioners, County Planning staff and City Planning staff for their efforts in bringing this process to a conclusion. Council member Foy also expressed appreciation for the assistance given by the County Commissioners and County and City Planning staffs. City Manager' Zais invited the County Commissioners to cane forward at this time and participate in the signing of the ordinances and the intergovernmental agreement. He presented pens, which had been especially engraved for the purpose of signing these documents, to the Mayor and Chairman of the County Commissioners. Follwing the signing of the documents, a brief recess was declared. 269 MARCH 4, 1986 The _meeting having resumed, Council member Foy, personally thanked Council member Barnett for his concentrated effort and time expended on the study and review of the Urban Area Zoning Ordinance and related map. Council member Carmichael ,stated the County Commissioners have set February 1987 as a time to review the entire Zoning Ordinance, and added she would like the City to take similar action. Therefore, it was MOVED by Carmichael, seconded by Barnett, that February 1987 be designated .as the month for the City Council to reveiw the Zoning Ordinance, section by section. Unanimously carried - by voice, vote. Sparling absent. 7. REPORT FROM CITY MANAGEMENT REGARDING STATUS OF CAPITAL IMPROVEMENT PROJECTS Assistant City Manager Stouder stated the purpose of this report is to start the '87 process, therefore, Council is being given the '86 document for review and discussion prior to the Capital Improvement Program being adopted this fall. Council member Barnett questioned why 1984 figures are used in the plan.. Mr. Stouder stated the official financial reports, as,accepted by Council, were used in preparation of this report. City Manager Zais stated Council has received the year -end budget report, however, the final auditing of that report will not be completed until later in the year. Council member Barnett questioned the addition of the relocation of rubber railroad tracks and the Senior Citizen Center expansion. Mr. Stouder .stated the. Senior Center expansion is an item which has been a topic of discussion by the Parks Commission and there are no specific details on this item as this time. Dennis Bertek, City Engineer, responded regarding the rubber railroad track relocation .project. He stated when the railroad abandoned several of the tracks in the City of Yakima, the tracks were removed, however, the rubberized pads (railroad crossings) were left in place. He stated some of the industries in the City have contacted City staff and asked what the City intends to do • -with - these rubberized - pads-. Mr. Bertek indicated staff has been asked to perform an inventory of these abandoned tracks, (linear footage, location, etc.,) and suggest possible other sites for them. Council member Foy asked if staff is suggesting the rubber pads be removed and placed elsewhere, and the City incur the expense of bringing the crossing to a smooth surface. Mr. Bertek stated this would not happen until all parties concerned come to a consensus as to the financial responsibility for the relocation, a determination is made as to where the pads will be relocated, and to what extent the public will benefit from this action. Council member Buchanan and Foy expressed concern with the expense involved in the preparation of the 1986 Capital Improvement Program. Mr. Buchanan stated he would rather have the material presented in a three -ring binder which would allow for the pages to be changed whenever supplemental material is presented. Following further' discussion, it was MOVED by Foy, seconded by Berndt, the report be accepted. Unanimously carried by voice vote. Sperling absent. 8. REPORT FROM CITY MANAGEMENT REGARDING PROPOSED CITIZEN SURVEY OF MUNICIPAL SERVICE PRIORITIES It was MOVED by Foy, seconded by Berndt, that Item No. 8 be tabled and rescheduled to the first Council workshop. Unanimously carried by voice vote. Sperling absent. 9. OTHER BUSINESS It was MOVED by Buchanan, seconded by Carmichael, that staff prepare appropriate legislation to set Council pay at $400 per Council member in the year 1988, and a raise of $75 per year for each two year period after that, or until Council changes it otherwise, with the Mayor's pay being set at twice the amount of the Council members. He explained that in 1988, only those members who were elected, or re- elected, would receive the raise, and then in 1990, all Council members would have the same salary. Following further discussion, Council member Foy asked if the proposal could 270 MARCH 4, 1986 be brought back to Council in written format for consideration. City Attorney Andrews stated he could propose an ordinance, along with,an explanation of how the proposal would work, and bring it back for Council's consideration. The question was called for a vote on the motion. Motion failed by 3 -3 voice vote. Barnett, Berndt and Foy voting nay. Sparling absent. Council member Berndt stated she would like to see a general consensus to have staff prepare a report on the matter. For clarification purposes, City Manager Zais asked if it is the consensus of the Council to have staff prepare a report on how this would work procedurally. Council responded affirmatively. City Attorney Andrews asked if an example of an ordinance could be drafted to be used for reference purposes in this report. This was agreed upon by Council. Council member Foy stated on behalf of County Commissioners and County staff, he would like to present the money received today towards the publication of the zoning ordinance to City Manager Zais, and requested a proper receipt for the amount received be sent to ; Commissioners Klarich, Tollefson, Whiteside, and County Planning Director Dick Anderwald and . Assistant Director Mark Hinthorne. Council member Barnett stated he would like to see a proper accounting system established prior to the transfer to insure an adequate record of the transfer. 10. ADJOURNMENT There being no further business to come before the Council, it was MOVED by Berndt, seconded by Carmichael, the meeting be adjourned at the hour of 3:26 p.m. Unanimously carried by voice vote. Sparling absent. READ AND CERTIFIED ACCURATE BY,j' � 6 /q,LI, V6 COUNCIL EMBER DATE g,ea gle,f,rwei .gAt‘ricee COUNCIL MEMBER DATE ATTEST: CITY CLERK MAYOR • *Information Items inadvertently omitted from Other Business are listed below Information Items Items of information supplied to Council were: Memo from Assistant City Attorney regarding Local Vendor Preference. 2/20/86; Memo from staff regarding Gramm - Rudman Federal Deficit Act impact on City of Yakima. 2/28/86; Memo from Director of Community & Economic Development regarding @IAA Waterslides, Inc.-Watersilde Park (Old Fire Training Site). 2/24/86; Letter from Director of the State of Washington Office of Archaeology and Historic Preservation regarding Old North Yakima Historic District. 1/19/86; Press Release from the Washington State Energy Office regarding City Hall Engery Management System. 2/18/86; Monthly report from Chief of Police for January 1986 and Monthly report from Chief of Police for January 1986.