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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 eZ-e-1-7-4,V DATE UNCTL MEMBER • ATTEST: //4.4 4 QCOAArvul CITY C'LERK u MAYOR