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HomeMy WebLinkAbout08/03/1999 Adjourned Meeting 51 CITY OF YAKIMA, WASHINGTON AUGUST 3, 1999 ADJOURNED MEETING The City Council met in session on this date at 7:30 a.m., in the 2 Floor Training Room, at the Police Station /Legal Center, 200 South 3 Street, Yakima, Washington. Mayor John Puccinelli, presiding, Council Members Clarence Barnett, Lynn Buchanan, John Klingele, and Mary Place were present. Council Members Henry Beauchamp and Bernard Sims were absent and excused. City Manager Zais, Assistant City Manager Rice; City Attorney Paolella; Director of Public Works Waarvick; Denise Nichols, Parks and Recreation Manager; Assistant City Attorney McMurray; Marketa George Oliver, Administrative Assistant to the City Manager; and Deputy City Clerk Skovald were also present. REVIEW OF PROPOSALS TO AMEND CITY ORDINANCE RELATING TO TREES Mayor Puccinelli opened the meeting and invited Denise Nichols, Parks and Recreation Manager, to begin the staff presentation. She introduced Randy Murphy, Park Maintenance Supervisor and Arborist, and Don Landis, Parks Operations Supervisor. They entertained several questions about the tree removal situation in Yakima and reported that only trees that are dead or dying from disease are considered for removal. Ms. Nichols presented a series of slides depicting recent problems staff has encountered with trees in City parks, rights -of -way, and easements. Some of those situations include tree vandalism in Miller Park, sidewalk damage on Washington Avenue from shallow Legend Oak tree roots searching for water, 100 year -old Silver Maple trees at the end of their lifecycle • in southeast Yakima, healthy Sycamore Trees with anchorage roots that have raised the sidewalk on 14 Avenue, Pin Oak trees that are blocking the clear view near the old Broadway Fire District facility, as well as the recently completed project of pruning mature tree growth in Miller Park. There was also a slide showing some beautiful, mature trees on 25 Avenue that look great because they were planted properly and received very good care over the years. There was discussion about Council Member Buchanan's request for replacement cost information for bigger trees along with other ways to protect the trees from vandalism at Miller Park. Council Member Place I/ noted that the Department of Fisheries uses a heavy mesh to put around the base of the trees. Randy Murphy reported that the Parks Division has recently been using a tree wrap to help with the problem of damage to young trees. After viewing a slide of a young tree - engraved with graffiti, Mayor Puccinelli described what Portland did to fight graffiti. They passed some strong laws with strict enforcement and penalties. Council Member Buchanan noted that Las Vegas ordinance calls for the perpetrator to 52 AUGUST 3, 1999 STUDY SESSION repaint the structure or replace the wall. There was discussion about what type of penalty should be considered for intentionally damaging trees. Council members discussed their desire to create a practical tree ordinance that is short and easily understood. All provisions that apply to trees need to be consolidated into one tree ordinance instead of being scattered throughout the Yakima Municipal Code (YMC). A provision is needed for appeals. Direction needs to be given as far as where to plant trees, whom they belong to after they're planted, and how to take care of them. Part of Council's new approach is to provide information to the public about tree selection, tree planting, and tree maintenance. Also beneficial to the public would be suggestions on how to prevent damage to sidewalks from tree roots, or damage to tree roots from paved surfaces. There needs to be a differentiation of what pruning needs to be done to which trees with specific provisions spelled out for the various types of trees. One example is pruning the Catalpa trees on Bonnie Doone Avenue. Currently, when they need to be trimmed they get trimmed. Council Member Barnett feels it is not necessary to advise the Public Works Director ten days in advance of trimming those trees. On the other hand, emergency provisions need to be written and included in case there is a bad storm or disaster. In those provisions trimming would be required when limbs obscure traffic lights, interfere with utility lines, or when any obstruction constitutes a hazard. Information should be included about proper watering to encourage deep root growth by watering trees longer and less frequently. Additional information that would be most helpful to the public is a list of tree varieties to plant under overhead utility wires, special care requirements for some trees such as the Weeping Birch tree on "B" Street, and planting guidelines to prevent damage to sidewalks and curbs. Additional suggestions should be submitted for inclusion in the re -write before the next study session is held. To clarify the interpretation of the wording, Council Member Barnett requested that an exemption for extenuating circumstances be included to preserve Fourth Amendment rights under section 8.80.080 concerning removal of hazardous vegetation obscuring public rights -of -way that is planted on private property. There was additional discussion concerning provisions pertaining to trees planted on city rights -of -way (section 8.79) and plantings on private property (section 8.80). City Manager Zais referred to Jeff West's memorandum of April 28, 1999 included in the staff report, and noted that it is not the intention to repeal any of'the current ordinances. However, if a new comprehensive ordinance were created with current provisions consolidated into one new tree ordinance, then those scattered throughout the YMC would be repealed. City Manager Zais then compared the similarities between the proposed tree ordinance revisions and the GMA revision process used for the Comprehensive Plan and encouraged proposed changes be made in the same manner. Council Member Barnett supported Council Member Buchanan's point of view to have all tree provisions together in one section of the YMC. 2 • 53 AUGUST 3, 1999 STUDY SESSION Referring to section 8.790.060 of the draft tree ordinance, Council Member Barnett questioned the necessity of a statement of responsibility when contractors hired by the City are required to be licensed and bonded. Ms. Nichols explained that this would be a yearly notice and certification to follow American National Standards (ANS), not repeated for every project. Mayor Puccinelli asked Chris Waarvick about the probable impact of the proposed ordinance on the Parks & Recreation Division's budget, specifically about hiring additional staff to perform the extra tasks identified during discussions. Denise Nichols referred to the spreadsheet on requested improvements included with the staff report and explained that each situation is prioritized. She directed attention to the $21,000 spent this year already without having a tree ordinance, pointed out that there will be a grandfather clause, and indicated that the amount of time spent on trees would definitely increase. However, about $15,000 was spent this year on contracted -out tree removal. Chris Waarvick noted that the increased work would make a sizable dent in the budget; the money is not currently in the budget, but provisions need to be made. There is a long list of requests now, and they are taken care of as time permits and staff is available. Operations would definitely increase, but the funding source still needs to be identified. Council Member Buchanan compared this situation to the irrigation system repair and emphasized the need to plan for the future and to get in the prevention mode. He pointed out that the budget would have to be built and an implementation strategy developed. Council Member Barnett referred to the 2% budget reduction impact for next year, and Mayor Puccinelli spoke against passing the proposed tree ordinance without having the manpower to enforce it. Denise Nichols pointed out that this could be linked through the code enforcement Hot Line person who takes complaints. Chris Waarvick noted that Randy Murphy is a certified Arborist, and he would investigate the calls, but additional money would be needed to perform any remedial action since they have expended all the funds budgeted for this purpose. Council Member Barnett requested clarification of the status of DARC's existing Christmas lights as it relates to section (J) on page 4 of the draft Tree Ordinance. It seems like the lights would have to come down since there is no exception otherwise in this provision. Council Member Buchanan feels there are some advantages to this language because people I/ would put lights up everywhere on trees. Council Member Klingele requested clarification of section (L) on page 4 to allow for water meter replacement work. Chris Waarvick and Glenn Rice explained that these duties would be added to someone's position to handle this provision. Council Member Barnett requested that other situations be identified besides a clear view location where tree replacement would not be allowed. 3 • 5 4 AUGUST 3, 1999 STUDY SESSION Chris Waarvick discussed some of the practical considerations necessary when purchasing bigger replacement trees such as the cost to buy appropriate equipment to dig the hole to accommodate a larger root ball for the bigger replacement tree. Council Member Place requested clarification of whether tall flowers and grass would be prohibited in a clear view situation. There was also discussion about the definition of street trees that includes shrubs and bushes. Council Member Barnett feels that a right -to- appeal provision needs to be included and requested clarification of section (C) on page 7. Members of the Council also discussed the $50 civil infraction assigned for a first violation, $100 for a second offense, and $250 for a third offense, all within a one -year period. In previous versions of the draft tree ordinance, the offense was considered a misdemeanor with a $250 penalty and /or 90 days in jail, but it was dropped because it was considered too punitive. Mayor Puccinelli feels the $50 penalty is too low because some people would rather just pay the fine, and Council Member Place supports the concept of accountability for repeat offenders. Council Member Klingele requested that limbs should be trimmed when they are eight feet above the sidewalk instead of ten feet as indicated in sections 8.80.010 and 8.79.070. Council Member Buchanan requested that a grandfather provision be included in the draft Tree Ordinance, and Mayor Puccinelli feels that a grandfather provision is hard to enforce and would be used as a loophole. Shelley Willson, Streets and Traffic Operations Manager, reported that clear view complaints are taken care of on an as needed basis. Staff members currently offer assistance with alternatives and suggestions on different plantings that would be acceptable. Council Member Klingele agreed that talking with the tree owner is a successful way to deal with some of the clear view 'problems since the adjacent property owner is responsible for taking care of the trees in the right -of -way. There was discussion about developing general guidelines for tree maintenance and making the information available to the public. Council Member Barnett reiterated his requests concerning listing extenuating circumstances for the 10 -day compliance requirement, and there was continued discussion about revising the draft Tree Ordinance for the sake of clarity. The issue of addressing 1 the problem of tree vandalism as a defacement of public property issue was also discussed. After discussion about suggested revisions concluded, it was the general consensus of the Council to direct staff to incorporate revisions suggested during this meeting, then provide copies to Council, staff, and the Tree Committee so they can submit additional suggestions. Then another study session will be scheduled to review the newly revised draft afterwards. 4 55 AUGUST 3, 1999 STUDY SESSION ADJOURNMENT It was MOVED BY KLINGELE, SECONDED BY BUCHANAN, TO ADJOURN AT 9:00 A.M. The motion carried by unanimous voice vote. /� B- READ AND CERTIFIED ACCURATE BY: ���/ Amer, � 14./v C� CIL MEMBER DATE 47 OUNCIL MEMBE DATE ATTEST: OHN 7� CITY ,CLERK PUCCINELLI, MAYOR Minutes prepared by Deputy City Clerk Skovald. An audio tape of this meeting is available in the City Clerk's Office. 5