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HomeMy WebLinkAbout03/28/2006 Adjourned Meeting 49:2. ADJOURNED MEETING MARCH 28, 2006 - 7:30 A.M. - 9:15 A.M. COUNCIL CHAMBERS - YAKIMA CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley (present after 8:10 a.m.), Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk in Training Moore Mayor Edler called the meeting to order. 2. Study Session regarding the City's responsibility for the Americans With Disabilities Act (ADA) Doug Maples, Planning and Code Administration Manager, clarified that his division is responsible for private property and structures and their parking. The intent of the building code is to provide standards for making buildings accessible and usable by the physically disabled. Jeff Cutter, Assistant City Attorney, said his role is to advise whether or not the City is in compliance with ADA access requirements. There are specific requirements provided by statute within the state of Washington and they are different depending on whether you are referring to building and construction or streets and sidewalks and public rights of way. Over the last few months, we have heard evidence that there may be non - compliance problems with respect to the current versions of the law. In Washington, building and construction compliance with access is based on a statute that is based on building codes. In Washington recently, the International Building Code (IBC) was adopted to replace the Uniform Building Code. Mr. Cutter then went into details of the IBC and ADA. He clarified that the ADA, for the most part, talks about constitutional right to access as determined by the federal government. Washington State building codes statutes are based on the IBC. In Washington, before there was any access requirement mandated by the Federal government, the state elected to adopt an access statute (Chapter 70.92 of RCW). That was the entire parameter of the access requirements. That has been eroded and most of it has been repealed. We have adopted the. Not only does the City have the IBC and building codes, but we also have Chapter 70.92. New construction obviously has to meet whatever the current codes are. Another provision of Chapter 70.92 is with respect to amendments to buildings. Substantial remodeling or rehabilitation of a building can bring the new codes into effect. If 49 3. ADJOURNED MEETING MARCH•28, 2006 someone makes a substantial revision and brings prints to the City for approval, in most cases, the Code Department is going to require them to bring the building into current code compliance. That raises the question of what is a substantial revision. ADA requirements are much different than the requirements of Washington state because of Chapter 70.92 that controls access and was certified by the Federal government years ago. What it defines cannot be changed as it is specifically stated in the building code that the provisions of Chapter 70.92 requiring and providing for access may not be amended by the city or county. In definition, what it provides is that unless 60% of the value of the structure being remodeled is being affected (remodel cost is at least 60% of the value of the entire building), it is not considered an extensive remodel and does not require full current ADA requirements. That is one of the reasons many of the structures within this state, while they've had a facelift, haven't been forced to comply at a 100% level with the new ADA requirements. The regulations change all the time and if a building owner was required to update compliance whenever the code changes they'd be in a constant state of reconstruction. That's the reason why the provision exists. In practical terms, the regulation of construction is through the IBC, and, in most respects, the IBC has adopted the requirements of ADA accessibility. Mr. Cutter then addressed some of the specific complaints received from Mr. Hunnel. He explained that to analyze a specific site for accessibility it must be determined when the site was constructed and whether the building was substantially remodeled since that time. Compliance is based on the regulations in place at the time of the remodel. Council members discussed the appeal opportunities when remodeling. Mr. Cutter went on to explain that a person cannot just look at a property and say it is not in compliance. Various factors need to be considered. Discussion continued on the follow -up processes for compliance. Mr. Maples clarified that the building department is not ultimately responsible for ADA regulations. The Department of Justice has enforcement authority and non- compliance would probably be triggered through an action under a federal provision against the owner. Council Member Johnson insisted that the City should be the "big brother" to tell them when they are not ADA compliant and suggested the possibility of some type of legislation for that. Mr. Cutter advised that legislating the City into that role would be problematic. We could point issues out to property owners, but we could not enforce them. But, signage is an area that the City can work on enforcing. Police Chief Granato spoke about how the Department embarked on a volunteer program for parking enforcement to include handicap parking. They currently are training twelve volunteers. Captain Rod Light spoke about the volunteer program. They hope to have the majority of the volunteers trained by the first part of April. They are being trained on how to write tickets, deal with hostile people, and defensive driving. The enforcement process was discussed. Mr. Cutter clarified that the parking space painting is not required; signage designates it as a handicap space. 2 4 9), 4. ADJOURNED MEETING MARCH 28, 2006 Shelley Willson, Traffic and Operations Manager, discussed ADA requirements for on- street parking. We receive requests for on- street parking from private individuals residing in a home or a business. If the on- street parking is commercial, there are also ramp facility and width requirements. If they wish to put in a stall, they would also have to supply a ramp to get from the stall to the sidewalk. On- street parking is not required; it's by request only. Mrs. Willson also spoke about other ADA issues such as crosswalk width, the push button height, and crossing speed. Another issue is sidewalk curb ramps. The City currently has 85 ramps that meet current standards. We receive complaints about the 1,112 that are older ramps. Those ramps met the requirements at the time they were installed. The City continues to look for grant funding to update the ramps and with Council approving the new gas tax funds starting in 2007, there is a fund set aside to do ramp repair and installation. Mr. Cutter responded to a question about the ramp on 3rd Avenue that initiated Mr. Hunnel's campaign. By law we're required to do what the Streets Department is doing. This case is controlled by the ADA. The government, through ADA, has required measures that must be taken by local and county governments to reach compliance. They understand this is a huge and expensive task. We are required to begin a program, identify the problem (inventory), and take steps toward addressing the problem, with the most critical areas first. This is what the City is doing right now. The ADA requirements also take into account that governments are stretched for dollars. Al Rose, Project Engineer, confirmed that all projects, both public and private are required to put in ADA ramps at all affected intersections. Gary Pira, Transit Project Planner, stated that ADA requirements are a key component of their daily operation. They operate the system through the dial -a- ride service 363 days a year. In addition to about 80,000 dial -a -ride trips a year, they also maintain a certification process for those individuals who would be eligible to use the service. Since 2002, they have become even more proactive and are looking into 18 different areas to improve accessibility and to meet ADA requirements. An example would be stop announcements for the vision impaired. All of our buses are handicap accessible. Mr. Pira listed a number of things they've done to help with ADA compliance, many are above and beyond the requirements. They have a citizens advisory committee that meets every quarter and provides input. Sheryl Smith, Interim Human Resources Manager, noted that ADA touches almost every element of what we do in the employment context, from recruitment, hiring, and accommodations for individuals with disabilities for health issues, etc. Bill Cook, Director of Community and Economic Development, commented that everyone who has spoken this morning is sincerely concerned with this issue. We are also resource challenged and need to think smartly. We have only three code inspectors for a city of 82,000 and only three building inspectors. We are 3 49° .'5, ADJOURNED MEETING MARCH 28, 2006 experiencing a huge growth spurt and the Council has set other priorities, e.g. the vacant building ordinance, graffiti, and a permit guarantee program. That doesn't imply that this isn't an important issue. He referred to several suggestions that were made this morning and confirmed that we don't think we should start a citation process without having the facts. It's an educational issue and we need to communicate to the business community that this is important. Since we renew business licenses every year, that would be an excellent opportunity to include a friendly notice that explains the importance of this issue. He applauded the work the Police Department is doing in this area. Council Member Bonlender questioned whether a business owner could have documentation to show what the requirements were when they built, e.g. a piece of paper signed off by the City saying the property is compliant. Mr. Cook said it is possible but would have to fit into their workload. They could handle it on a case by case basis. 3. Audience comments Mike Hunnel, 913 South 4th Avenue, agreed that there has been a lot done since he first raised the issue. He responded to an earlier comment confirming that a business can be ticketed for not having the correct signage. He also asked who was the City's ADA Coordinator and was advised it was Sheryl Smith in Human Resources. He then referred back to his original reason for bringing this subject up, the number of incidents at the intersection of 3rd Avenue and Stewart Street. One incident was a gentleman who fell off his 3 -wheel vehicle. He advised that there has been another person who has fallen over on that ramp. He noted there are a number of ramps at intersections that are hazardous and need to be resolved. Carolyn Riley, who lives on 4 Avenue, identified herself as a disabled person and that she finds it difficult to go shopping because either there is not a space available or it's not accessible the way she needs to use it. She has a ramp but none of the available spaces are designed for using a ramp. Just having the parking space available is not always the answer. The more accommodations there are, the more handicapped people will be mobile. Steffie Coleman with the Washington State Department Services for the Blind commented that there is a fairly large community of visually impaired people in Yakima; however, there are many areas where visually impaired people do not have access. Although she knows it would be a long project, she would like to see the City work on installing sidewalks on both sides of major streets. Mayor Edler summed up the session noting that, as a result of Mike Hunnel's hard work, monies have been spent and we have applied for additional funding. We are trying to tell the citizens of Yakima that we are resource challenged, our Codes Department is stressed, and overworked. Yakima is transitioning. We are building wonderful things in our community and we want to communicate that accessibility to all of our citizens is important to this Council. Recommendations from the public are appreciated. This is a priority for this Council. 4 • 49'6 ADJOURNED MEETING MARCH 28, 2006 4. Other business / Open discussion A. Consideration of Resolutions authorizing submission of grant applications to the Washington State Community Economic Revitalization Board (CERB) Jobs Development Fund for: 1) Gateway Loop — Yakima Sawmill Redevelopment Project 2) Downtown Futures Initiatives Phase 3: Core Area Connectors Michael Morales, Deputy Director of Community and Economic Development, briefed the City Council about an opportunity to apply for a new state level fund. They have been evaluating projects with job creation being a high priority. Two of those projects are 1) the Downtown Futures Initiative, Phase 3, (connectors back to the core area) and 2) the Gateway Loop Sawmill Redevelopment project. Senator Deccio can still be involved in helping us with the Downtown project. The Gateway Loop project is going to be the most significant development since they put in the interstate highway. Mr. Morales gave details of the project plans with regard to transportation and infrastructure needs. Our funding application would be to get the road through and installing sewer and water. If the City is awarded the grant, it would be the first $5 million investment toward the project and we would pursue at leveraging at least another $10 million. (1) The Acting City Clerk read the resolution by title only; McCLURE MOVED AND BONLENDER SECONDED, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -50, A RESOLUTION authorizing the City Manager to execute and submit a grant application not to exceed $5,000,000 to the Washington State Community Economic Revitalization Board Jobs Development Fund for Gateway Loop — Yakima Sawmill Redevelopment Project (the "Project "). (2) The Acting City Clerk read the resolution by title only; McCLURE MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -51, A RESOLUTION authorizing the City Manager to execute and submit a grant application in an amount not to exceed $2,360,000 to the Washington State Community Economic Revitalization Board Jobs Development Fund for the Yakima Downtown Futures Initiative Phase 3 — Core Area Connectors B. Consideration of Resolution authorizing submission of joint grant application with the City of Union Gap as lead applicant to the Washington State Community Economic Revitalization Board (CERB) Jobs Development Fund for the Long Fibre Road Improvement Project Michael Morales, Deputy Director of Community and Economic Development, explained the reasons for changing the lead agency status from Yakima to Union Gap. The Council Committee for Economic Development recommends approval. The Acting City Clerk read the resolution by title only; CAWLEY MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. 5 ADJOURNED MEETING 4 9:7 MARCH 28, 2006 RESOLUTION NO. R- 2006 -52, A RESOLUTION authorizing the City Manager to execute and submit a joint grant application with the City of Union Gap as Lead Applicant for $1,960,000 to the Washington State Community Economic Revitalization Board Jobs Development Fund for the Long Fibre Road Improvement Project (the "Project "). JOHNSON MOVED AND LOVER SECONDED TO RECONSIDER THE VOTE AT THE LAST COUNCIL MEETING ON THE 4 BALL FIELD AT KIWANIS PARK. The motion carried by unanimous voice vote. JOHNSON MOVED AND LOVER SECONDED TO APPROVE THE ALTERNATIVE FINANCING PLAN BROUGHT FORTH BY THE CITY MANAGER FOR CONSTRUCTION AT THE GATEWAY AS DESCRIBED IN THE PREVIOUS MEETING AGENDA STATEMENT. Council Member Johnson said the question at the last meeting that confused this issue was the of the Yakima Avenue project. As the result of a meeting last week with City Manger Zais, we now feel there is a very good plan to finish Yakima Avenue from 9 Street to 7 Avenue. He encouraged the Council Members to vote for the 4 ball field at Kiwanis park. City Manager Zais confirmed that the 4 ball field's financing is separate from the downtown plan. Each Council member commented on their planned vote. The question was called for a vote on the motion. The motion was passed by unanimous roll call vote. An Ordinance amending the 2005 budget and appropriating funds for Kiwanis Park ball field project alternative financing was read by title only and laid on the table until April 4, 2006 for a second reading. City Manager Zais shared that this morning's paper reported that Representative Mary Skinner has been stricken with cancer. He had been in contact with her and she asked him to communicate to the Council that she's facing the challenge of her life and she expressed her deepest appreciation for their thoughts and prayers. He shared that Mrs. Skinner cares very deeply about Yakima and has worked tirelessly on our behalf. She is a courageous woman of great integrity who now has to focus on her own life. Mayor Edler encouraged those that pray in the city of Yakima to pray for her. Council Member Johnson suggested that the City Council send a letter of appreciation and God speed for a full recovery. It was also suggested that a letter be sent to former Council Member Puccinelli who is in the hospital. Council Member Johnson suggested that a letter received from John Putney be referred to the Downtown Committee for review and recommendation. 5. Adjournment McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO APRIL 4, 2006 AT 11:30 A.M. AT THE YAKIMA CONVENTION CENTER, ROOM 2, FOR AN EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION The motion carried by unanimous voice vote. 6 4. 9_ 8 ADJOURNED MEETING MARCH 28, 2006 The meeting adjourned at 9:32 a.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE 1 COUNCIL MBER DATE ATTEST: A //.; CITY CLERK G i� I! EDL ", MAYOR Minutes prepared by Linda Watkins. A video tape of this meeting is available in the City Clerk's Office. 1 7