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HomeMy WebLinkAbout10/04/2011 03C Memorandum: Doty Development Citizen Complaint -- Stem 3 1,4 \ OFFICE OF THE CITY MANAGER t� -" . . s 129 North Second Street „" ` ' ' City Hall Yakima Washington 98901 , , ' � < / Phone (509) 575 -6040 °„ „ s __” MEMORANDUM TO: Honorable Mayor and Members of the Yakima City Council FR: Don Cooper, City Manager CC: Michael Morales, Assistant City Manager DT: - September 29, 2011 RE: Doty Development Citizen Complaint After doing some research on this matter, it appears the City of Yakima did not follow its procedures when this development was originally under construction. As a result, in 2006 or before, an agreement was entered into between the City of Yakima and the owners of the properties to provide for certain improvements that provided for screening and maintenance by the City for a five year period with the owners of the property being subsequently required to provide maintenance thereafter. However, there were no penalties on the property owners or requirements that would force the property 0 owners to comply with the intent of this agreement. As such, some of the existing vegetation has died (copy of agreement attached). We have done some preliminary research in this project and the City appears to have right of way sufficient to replant, if the Council chooses, the necessary vegetation to provide for screening since the irrigation system is already there. Or, the City may choose to provide irrigation from the canal that is adjacent to the proposed planting area. The issue for the City Council is to determine if the City is in fact responsible for this particular issue. Under the present laws, the City has no ability for enforcement to the property owners or renters of the houses in question, and it is not legally required to plant or maintain the screening vegetation. The choices for the Council are 1) does the City wish to expend additional funds to purchase, plant, and subsequently irrigate to ensure their survival the additional vegetation necessary to provide the screening to make the problem go away? Or, 2) does the City take no further action due to the inability to force action by the private property owner? I would point out to the City Council that I do not consider this a precedent setting move on the part of the City to be required in other areas; unless the facts of the case are of similar circumstance (i.e. the City does not follow its own procedures as it applies to development standards and procedures). If the City Council wishes to pursue the replanting of the vegetation and subsequent irrigation, we have sufficient funds available (under $10,000) to do so and to ensure the survivability of the vegetation that is planted. We still need to determine what source will be used to pay the irrigation costs. I do not expect this will resolve the matter but I do believe this should be the total extent that what the City should do to address this problem on behalf of the property owners to the north. If you have any 0 questions or need additional information, please advise. .. Yakima wFa„eficaaa 1994 ` Y �om` �''+ DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT �„ 's Office of Neighborhood Development Services t r. t: ,. �'`i' ` r 112 South Eighth Street r . ' Yakima, Washington 98 901 Ill � �,,, ` r Phone (509) 575 -6101 • Fax (509) 575 -6176 Bill Cobabe, Manager This Contract grants the rights and obligations of both parties to the following: The property owners hereby grant the City of Yakima, access, easement, installation, maintenance to include, planting trees, shrubs and grass, as well as installation of an underground irrigation system, to be located upon the listed properties. Incorporated as Exhibit "A" the specific details outlining plant species and sprinkler system design, the system will be installed by Colonial Lawn and Garden, a licensed and bonded local company. The system will be maintained and cared for, (with limited exception of mowing and weeding, which will be maintained by the property owners) by the city for a limited term of 5 years ending on June 1, 2011. The water bill withXnob Hill water will be paid by the city during the five -year agreement period. - The property owner will be responsible for the irrigation system, water bill and maintenance of the plants and property thereafter. The term of this agreement will end on June 1, 2011 and become sole ownership and responsibility of the property owners. Signature of this document signifies agreement to these terms by all parties included and constitutes the entire Contract between the parties. IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated eel • w. 411 Wi ` 'am Coo' CED Director D e %,„/ - (6. r" - - - 4 L 2 (a F.W. Cobabe, Neighborhood Development Manager Date a / 1 i Jud imari6, Property owner of Parcel # 18132232549 Date Section 22 Township 13 Range 18 Quarter SW: LOT 2 SP 7309286 p o, ..f- / A ,--6.- 0 6 Ray C. L ster Date Property weer of Parcel # 18132232550 Section 22 Township 13 Range 18 Quarter SW: LOT 4 SP 7309286 Property owner of Parcel # 18132232551 Section 22 Township 13 Range 18 Quarter SW: LOT 3 SP 7309286 ATTEST: K ■ M City Clerk : ; F , , , \ 1 r , R. A. Zais, Jr. / City Manager 0 City Contract No app( _4/,3 ; ), Yakirpa e4 dceow 91P 1944