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
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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
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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.
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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.