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and most of it has been repealed.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
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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.
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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
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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.
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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.
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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.
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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.
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