HomeMy WebLinkAbout10/25/1983 Study Session 103
OCTOBER 25, 1983
STUDY SESSION
The City Council met in session on this date at 2:00 p.m. in the Council
Chambers of City Hall, Yakima, Washington. Council members present were
Mayor Lynn Carmichael, Clarence Barnett, Lynn Buchanan, Shirley Doty and
W. K. "Pete" Moore. Council member Henry Beaudhamp present after 2:05
p.m. Council member Jack Sparling absent.
1. OPEN DISCUSSION FOR THE GOOD CF THE ORDER
Council member Doty informed Council of a seminar to be held
in Seattle on NOvember 18, 1983 regarding sludge management
•and questioned if any of the other Council members were
planning to attend. Council member Buchanan indicated he had
sent his application in and was planning to attend.
Council member Barnett commented he had given the Council
members a copy of his memo on the trolley,operations agreement
cancellation and indicated he had requested the City Manager
to arrange a briefing on the subject of the Trolleys. He
ccmmented City Manager Zais has arranged for the briefing at
the next Council meeting. (Council member Henry Beauchamp
present after 2:05 p.m.)
Mayor Carmichael informed Council she had received a telephone
call fran Danny Speer, representing the Slew Pitch
Association, informing her the Association was going to have a
presentation on the Charter amendment regarding Temporary
Employees on October 31, 1983 at 9:30 a.m. at the Cascade
Natural Gas Building. She questioned if' any Council members
were planning to attend to speak to this issue. Council
member Doty and Council member Barnett indicated they would
plan to attend the presentation.
City Manager Zais informed Council staff has an information
item. Chief Carroll introduced the Fire Department's new
Deputy Chief, Tan Fieldstead. Mayor Carmichael and the
Council members extended their congratulations to Deputy Fire
thief Fieldstead.
2. REQUEST FROM coutim MEMBER BARNETT REGARDING STREET CUT ORDINANCE
Council member Barnett referred to his memo included in the
packet and commented that if it is the intention of the City
Council to have an appeals process, he would like to see that
outlined in the ordinance and asked for Council's
consideration regarding his proposal. Mayor Carmichael
questioned if Bill Hays, Central Washington Hanebuilders
Association, was present in the audience. Mr. Hays was not
present to speak. Mayor Carmichael expressed her concern that
II/ this would set a precedent that Council would be required to
establish an appeals process for every ordinance. Council
member Barnett cemented that during the discussion at the
last meeting regarding the street cut ordinance, it was stated
an appeal to that ordinance could be made to the City Council.
He stated if that was the intention of the Council, it should
be so stated in the ordinance. Council member Beaucha
referred to the previous discussion erein he thought it was
discussed that if someone had a problem with the street cut
ordinance, they could cane before Council, however, he did not
recall taking a position regarding an appeals process.
Council member Doty ccmmented on the current process utilized
by individuals who want to express their concerns regarding
any particular ordinance and questioned if it was necessary to
insert specific verbage in the ordinance in that regard. No
action was taken by the Council.
3. RECONSIDERATION OF REPORT REGARDING OODE DEFICIENCIES AND
MAINTENANCE NEEDS IN CITY -CWNED FACILITIES (Continued fran
10/11/83)
Mayor Carmichael referred to the initial discussion on this
item Which took place October 11, 1983. She questioned if all
104 OCTOBER 25, 1983
of the Council's questions had been addressed at the previous
meting regarding the report, in general or if there were
still sane questions Council members may have. Council member
Barnett referred to the questions he had asked regarding
City -owned rental buildings and commented staff may be
planning, to bring that back to Council during the budget
process. Council member Beaudzamp addressed the personnel
turnover in the Code Division and questioned if interpretation
has varied from Administration to Administration. He
addressed the need for standardized training of the different
code laws so in the event Administrations change, the
interpretation would remain the same. Council manner Barnett
addressed the numerous Federal Revenue Sharing requests for
1984. He suggested staff develop a list of priorities in case
the City does not receive the full $120,000 of FRS funds that
has been requested. Council member Nbore concurred with
Council member Beaudlamp's comments, however he did not think
it was possible for a code to be interpreted in the same
manner by a number of people. He referred to Section 3314A of
the 1976 Uniform Building Code regarding continental seating
which states... "the number of intervening seats may be
increased to 29 where exit doors are provided along each side
aisle of the row of seats at the rate of one pair of exit
doors for each five rows of seats." Council member Moore
commented that the present Code Administrator interprets that
statement that Where ever there are five rows of seats, there
should be an exit. Council member Moore stated that is not
haw the Code reads, it says at the rate of one pair. He also
addressed the determination process of Why this building was
structured the way it was. He stated the Capitol Theatre is a
historical building and under Section 104 of the Uniform
Building Code regarding 'historical buildings, the Code states
... "repairs, rehabilitation or continued use of the building
or structure, may be made without conformance to all of the
requirements of this code When authorized by the building
official and provided: 1) the building or structure has been
designated by official action of the legislative body as
having special historical, architectural significance; 2) any
unsafe conditions as described in Section 203 will be
corrected in accordance with the approved plans; 3) any
substandard conditions will be corrected in accordance with
approved plans; and 4) restored building will be less
hazardous based on life and fire risks than the existing
buildings." As a fireman for 32 years, as a Fire Marshal for
the State of Washington for six years, as a Fire Marshal for
the City of Selah for seven months, Council member Moore
stated he had some idea of Whether this building is safer than
it was before. He ccmmented that the building is now fully
sprinklere3 which is one of the best things that can be done
to fire safe a structure. He stated the building official at
the time of the letting of the contract for the reconstruction
of the Theatre apparently referred to Section 104, and
therefore, allowed the structure to be constructed. Council
member Moore reiterated his belief that the Capitol Theatre is
a fire safe structure. He questioned Why the Theatre's code
compliance is being re- evaluated at this time When it has been
properly determined by the building official at the time of
the construction of the Theatre that it net code under this
provision. He commented he believed there was enough lineal
feet of exiting to take care of over twice the capacity of
that building. Council member Moore commented the Code
Administration Manager disagrees with his opinion, but he
feels the citizens should know the Capitol Theatre is a fire
and life safe structure. He expressed his opposition to
spending $174,000 to try to improve the Theatre. Mayor
Carmichael referred to the code which pertained to the
restoration of a building and commented the building was
restored, but the seating was dianged. Mayor Carmichael
questioned if there was adequate exiting in the Theatre and
:questioned if the new seating would meet the restoration code
requirements. Council member Moore indicated the restoration
code does provide for continental seating. He explained the
continental seating has increased the distance between the
seats so that exiting is easier. He commented he concurred
OCTOBER 25, 1983 105
with staff in that the seats should tip-up because that type
of seat would facilitate exiting. He stated the continental
seating does not Change the ability to enforce the historical
section of the building code. Mayor Carmichael indicated she
disagreed with Council member Moore'S moments as individuals
get backed up in the aisles because they cannot get out the
exits in a timely manner. Council member Moore commented that
type of problem occurs because people tend to socialize. He
stated there is as much exiting as there was before the
reconstruction and disagreed with the philosophy that people
cannot get out of the building due to the continental seating.
William Paddock, Paddock & Hollinbery, Inc., 1117 Larson
Building, distributed information regarding the total lineal
feet of the exiting at the Capitol Theatre to the Council. He
II/ referred to the ardhitectural plans mounted on the wall which
the e number of existing exits and their locations.
He addressed the seating capacity and exit locations of the
Theatre and stated the lineal footage of exiting in the
Theatre is double the requirement for the number of people in
the Theatre. Newell Pock, fouler Code Administration Manager,
expressed his dissatisfaction with the manner in which this
item has been handled by the news media. Referring to Section
104, Historical Restoration, of the Uniform Building Code, Mr.
Rock informed Council the entire reconstruction of the Capitol
Theatre was in canpliance with that section. He stated the
total canpliance with the Uniform Building Code is not
mandatory on restoration of new buildings When all unsafe
conditions are removed, all hazardous conditions are
eliminated and when the building is better than it was before.
He commented that the code deficiencies cited by the current
Code Administration Manager are incorrect. Council member
Beauchamp quesioned if Mr. Pock thought the exiting was
adequate. Mr. Pock responded, stating the exiting facilities
are far superior to What they were before. Mr. Pock cammented
the exiting may not be exactly to the code, however, the
restoration section also indicates adherence to the code is
not mandatory in all respects. Council member Doty requested
clarification regarding When total canpliance is not
mandatory. It was MOVED by Moore and seconded by Barnett to
discontinue discussion on the report regarding code
deficiencies and maintenance needs in City-owned facilities at
this time, to be ta1en up again as appropriate during the 1984
Budget Hearings. Council member Doty relayed a concern of a
citizen Wherein the individual did not feel it was so
important to find out who is to blame regarding fire code
deficiencies as to repair them. She indicated the citizen
also expressed concern regarding the seating arrangement.
Council member Barnett commented he would like to have a
response to his previous questions When this item is discussed
during the budget process. Mayor Carmichael cammented it was
important for Council_ to keep the safety and welfare of the
citizens of Yakima in mind When reviewing these code
II/ deficiencies.
BUSINESS MEETING
4. ROLL CALL
At 3:00 p.m., the Council members commenced the regular
meeting, Mayor Carmidhael presiding, Council members Barnett,
Beaudhamp, Buchanan, Doty and Moore and City Manager Zais and
City Attorney Andrews present on roll call. Sparling absent
and excused.
5. INVOCATION
The Pledge of Allegiance was led by Council member Barnett.
6. CONSENT AGENDA
Mayor Carmichael referred to the items placed on the Consent
Agenda, questioning Whether there were any additions or
deletions fran either Council members or citizens present.
106
CCTCBER 25, 1983
The City Clerk then read the Consent Agenda items, including
resolutions by title. It was MOVED by Doty, seconded by
Buchanan that the Consent Agenda, as read, be passed.
Unanimously carried by roll call vote. Sparling absent.
(Subsequent paragraphs preceded by an asterisk ( *) indicate
items on the Consent Agenda handled under one notion without
further discussion.)
7. CURRENT STUDY SESSION ITEMS
None
*8. MINUTES
The Council minutes of October 11, 1983 were approved, having
been duly certified accurate by two Council members and no one
present wishing to have said minutes read publicly.
9. AUDIENCE PARTICIPAITON
Mayor Carmichael extended a welcome to Haruo Takenami, Mayor
of Yakima's Sister City, Itayangi, Aomori -Ken, Japan and
presented Mayor Takenami with a proclamation, gift and a pin
depicting the City of Yakima's emblem. Mayor Takenami
responded through an interpretor, informing Council his City
will be celebrating its 60 -year anniversary in 1985 and
extended an invitation for the citizens of Yakima to visit
Itayangi. (Council member Moore absent after 3:25 p.m.)
10. HEARING ON REZONE REQUESTED BY JAY JACKSON /JESSE LAWRENCE FOR
PROPERTY AT 503 -511 RANCH RITE ROAD
This being the time fixed for, the hearing on the rezone
requested by Jay Jackson /Jesse Lawrence for property at
503 -511 Ranch Rite Road, Jesse Lawrence, 414 S. 4th Street,
spoke in support for the proposed rezone. Jay Jackson, 2608
Beaudry Road, informed Council he awned the property across
the street from Mr. Lawrence and was in support of the
proposed rezone. There being no other citizen present wishing
to speak to this issue, the public portion of the hearing was
closed. It was MOVED by Doty, seconded by Beauchamp to
approve the rezone as requested. Unanimously carried by voice
vote. Moore and Sparling absent.
11. HEARING ON PROPOSED AMENDMENT TO TITLE 12, CHAPTER 12.49.030 OF THE
YAKIMA MUNICIPAL OODE
This being the time fixed for the hearing on the proposed
amendment to Title 12, Chapter 12.49.030 of the Yakima
Municipal Code, Fred Smith, 8504 Hawthorn Drive, was present
to speak in support of the proposed airendnent informing
Council this amendment would allow the expansion of
development alternatives for the property owned by the J. M.
Perry Trust Properties. Council member Doty requested
clarification of the location and size of the proposed
property. Mr. Smith responded to Council's questions. There
being no other citizen present wishing to speak to this issue,
the public portion of the hearing was closed. Ordinance No.
2727, having been read by title, it was MOVED by Buchanan,
seconded by Doty that the ordinance, as read, be passed.
Unanimously carried by roll call vote. Moore and Sperling
absent.
ORDINANCE NO. 2727, AN ORDINANCE relating to zoning;
specifying permitted uses in a M -4, Planned Industrial Zone;
and amending Section 12.49.030 of the City of Yakima Municipal
Code.
12. PRESENTATION OF 1983 THIRD QUARTER BUDGET REPORT
City Manager Zais informed Council staff is in the final
stages of the detailed preliminary budget for 1984 which will
be presented on November 8. Council member Barnett addressed
the Utilities Tax on Table II, Page 1 of staff's report and
OCTOBER 25, 1983 107
questioned if staff utilized the 121/2% tax in preparation of
the 1984 Budget. He referred to last year's budget hearings
at Which time Council discussed studying the tax rate to
determine if the 121/2% tax was excessive in relationship to the
other utility taxes. City Manager Zais responded, stating the
1984 Budget has been prepared utilizing the sane rate of 121/2%
for water and sewer taxes, and commented the other tax
adjustments are a result of state law. He informed Council
staff has included a recemmendation regarding the refuse tax
as a result of the recent election which will be included in
the 1984 Budget. Council nember Barnett Expressed his
concerns regarding the impact of the 121/2% water and sewer tax
rate on the citizens and requested staff provide a statement
of impact regarding a reduced tax for discussion during the
II/ 1984 Budget hearings. City Manager Zais cemented that should
b th
e a policy issue for the Council to establish and provide
direction to staff if that is Council's desire, as the current
budget does not reflect a reduction in the current ueter and
semer. tax rate. Discussion followed regarding the effect a
reduced rate would have on the General Fund. It was the
general consensus of the Council to request staff to provide
information regarding a reduced water and sewer rate during
the 1984 Budget hearings. Council member Barnett referred to
Table IV, and questioned if the 1983 ending balance of $74,908
for the street fund could be utilized, in part, to address
some of the areas Where there needs to be some repair before
winter. City Manager Zais responded, indicating the $74,908
is available to be expended as - Council directs, however, the
funds were also used to help balance the 1984 Budget. Council
member questioned what projects were not completed in
the Street Division in 1983 to account for the $74,908
remaining funds. Dave Rhodes, Public Works Director,
responded, informing Council of the work performed in 1983 and
addressed the cost savings incurred during the year. He
further stated that he thou the repairs could be made in
1983 without making a major impact on the budget. It was
MOVED by Doty, seconded by Buchanan to accept the report with
Council's appreciation. Unanimously carried by voice vote.
Moore and Sparling absent. .
*13. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WASHINGTON - --
CONSERVATION ODRPS FOR GREEWAY DEVELOPMENT PROJECT
RESOLUTION NO. D-4872, A RESOLUTION authorizing the execution
of a memorandan of understanding with the State of Washington
Conservation Corps for park improvement projects.
*14. RESOLUTION RATIFYING APPLICATION FOR AN ENERGY GRANT
RESOLUTION NO. D-4873, A RESOLUTION ratifying the submittal of
an application to the Washington State Energy Office of a
request for funding a bio-energy project.
II/
*15. DISPOSITION OF fl\MAGE CLAIM
RESOLUTION NO. D-4874, A RESOLUTION denying a claim for
damages against the City of Yakima filed by Willie Mae Landis.
*16. APPROVAL OF RIGHT-OF-MY USE PERMIT APPLICATION FOR PROPERTY AT
109-111 NORTH SECOND AVENUE
The report from the Director of Community and Economic
Development regarding the application for Right Use
Permit for property located at 109-111 N. 2nd Avenue, was
accepted and approved.
17. OTHER BUSINESS
Items of Information
Items of information supplied to Council were: proposal from
Dick Stelzmiller for clean up project for City of Yakima
108 OCTOBER 25, 1983
10/14/83; memo from Director of Public Works and Transit
Manager regarding 1983 Fair Shuttle Operations Report
10/10/83; memo from Code Administration Manager regarding
Corridor in Northeast Clinic Area of Southeast Community
Center 10/14/83; memo from Director of Engineering &
Utilities and Wastewater Treatment Plant Manager regarding
information report on the Wastewater Division Public Relations
Efforts 10/13/83; Yakima River Basin Water Enhancement
Project Newsletter, October, 1983; article from American City
& County/October 1983; "Public Transit: At the Crossroads;
article from Wall Street Journal, "Cable Interests Aren't So
Wired Into Competition Now" 10/18/83; Yakima Fire Department
Emergency Activity Report for September 1983; monthly report
of Chief of Police for September 1983; and minutes of
September 6, 1983 Community Programming Advisory Committee
meeting.
18. EXECUTIVE SESSION
It was MDVED by Buchanan, seconded by Barnett, to move into
Executive Session for the purpose of discussing Prospective
Litigation and Collective Bargaining, to then immediately
adjourn the meeting. Unanimously carried by voice vote.
Moore and Sparling absent.
19. ADJOURNMENT
Following the completion of the Executive Session, the meeting
was adjourned at the hour o7 p.m.
READ AND CERTIFIED ACCURATE BY k11)0,,ii DATE4453
COUNCIL
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CITY C'LERK u MAYOR