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HomeMy WebLinkAbout07/18/2000 Adjourned Meeting 406 CITY OF YAKIMA, WASHINGTON JULY 18, 2000 ADJOURNED MEETING The City Council met in session on this date at 7:30 a.m., in the Council Chambers of 'City Hall, Yakima, Washington, Mayor Mary Place, presiding. Council Members Clarence Barnett, Lynn Buchanan, Larry Mattson, John Puccinelli, and Bernard Sims present on roll call. Council Member Henry Beauchamp was absent and excused. Staff members present were Dick Zais, City Manager; Glenn Rice, Assistant City Manager; and Karen Roberts, City Clerk. PRESENTATION OF CEMETERY TASK FORCE REPORT Staff members present for this discussion were Chris Waarvick,' Public Works Director; Denise Nichols, Parks and Recreation Manager; Larry Nelson, Cemetery Supervisor; and Maria Mayhue; Department Assistant III. Members of the Cemetery Task Force present were Denise Engelhart, Cathy Franklin, Dale Gray, Clarvine Manuel - VanEpps, David Murch, and Ray Stenberg. Denise Engelhart, 1211 South 2 Avenue, explained why the Task Force was formed. In February of 1999, there was a problem with the proposal to replace the diseased trees along 24 Avenue with a chain link fence. This Task Force was formed to review fencing options and to study other Cemetery operations. The Task Force adopted a mission statement to furnish direction for developing the undeveloped acreage and other potential services; to provide advice, education and support for current activities and future needs; and to encourage preservation of the cemetery's historical character. Cathy Franklin, 1108 South 5 Avenue, reviewed the goals of the Task Force, which are as follows: Fencing, Funding, Customer Service and Education, Expansion, Marketing, Basic Maintenance, Security and National Historical Register. The Task Force accomplished the design and installation of the fence along 24 Avenue which tightened security at night and decreased vandalism problems. New signs have been installed regarding the speed limit on interior cemetery roads and "no dogs allowed" signs haveJbeen posted. New lights installed around the office and equipment yard have stopped some intruders from climbing the fence. The trees along the creek south of the cemetery have been trimmed so intruders can't use them for access into the cemetery. She commented that there are two unfinished projects and the Task Force would very much like to continue this work. Larry Nelson, Cemetery Supervisor, spoke about the future of the Cemetery. There are about 1700 graves left to sell; 45,000 are filled. At the rate of approximately 170 burials a year, it will take about 10 years to use all the cemetery's capacity; less if the graves are not sold individually. There are nine undeveloped acres, proposed 407 JULY 18, 2000 - ADJOURNED MEETING to be developed in stages. Stage I would develop 1730 grave sites, put in the roadways and stub in irrigation, plus level the remaining acreage. He spoke to the Council about pre -need sales, elaborating that the Japanese- American Association would like to purchase $100,000 worth of graves which is approximately 200 -250 graves. David Murch, Shaw and Sons, commented on the benefits of selling plots on a pre -need basis and putting that money into an endowment fund to perpetuate the cemetery for future needs. He suggested the money from the pre -need sales to the Japanese- American Association could be the beginning of the endowment fund. Mr. Nelson interjected and clarified that Mr. Murch was not talking about the existing Cemetery Endowment Fund. In reviewing the RCWs, Mr. Murch stated he found that the City does not have to abide by all the regulations the private sector has to follow. • Dale Gray, 18 West Washington, asked the Council to consider creating a non - profit organization to encourage people to help with the upkeep and improvements by donating money. This would require the City to obtain a non - profit status from the State for tax purposes for the donation. He suggested the Task Force could set up a schedule and talk to organizations and people about donations. Ray Stenberg commented that he has over 40 years experience in the funeral business. He spoke about the cemetery office being off -site at the Public Works Facility and how people get lost out there. He said that people like to have the office on -site so they can visit the gravesite. He also said the atmosphere is too businesslike and suggested it should be more like a living room. This would assist • with pre -need sales. Maria Mayhue spoke about the application process to be placed on the Historical Register. Larry Nelson stated that staff and the Task Force are looking for direction from the Council about forming a Tahoma Cemetery Charitable Trust 501(c), moving the Tahoma Cemetery Office back to the site, and applying for the National Historic Register. He said they are also asking for direction to find money to develop the nine acres, including approval for pre -need sales. Council Member Sims asked about the costs associated with these requests. Mr. Nelson said he has already developed the by -laws and articles of incorporation for the 501(c) which would have to be reviewed by the Legal Department. There is a $200 submission fee. A Board of Directors would have to be appointed by the Council, possibly including a Council member or two, either as a voting or ad hoc member. City Manager Zais asked for clarification on the 501(c) designation since the City is already a non- profit entity and can accept donations. Mr. Nelson clarified that 2 408 JULY 18, 2000 - ADJOURNED MEETING with the 501(c) the donation would be for a specific purpose and the contributor would not have a concern that the funds may be spent for other purposes. Council Member Sims asked what the track record is for getting contributions from the National Historic Register. Ms. Mayhue said she would have to research that and come back with an answer. Mr. Nelson commented he doesn't believe we could anticipate getting a grant from the Historic Register. Ms. Nichols said the importance of being on the National Historic Register would be its value as a marketing tool. Council Member Sims said staff should present this request formally to the Council. Mr. Stenberg predicted the cost to reinstitute the office at the cemetery would be very little as the cemetery crew could do a lot of the work that needs to be done. The main cost would be furnishings to create the living room atmosphere. Mayor Place observed that staffing the office might cost more. Chris Waarvick advised that staff planned to gather all this information for Council if they got a sense that this is the direction Council may want to go. He commented that staff would also have to research other issues, such as computer linkage and financial and accounting requirements. Mr. Nelson gave an estimate of $8,000 to do the work on the office. Council Member Sims asked if the cemetery information was automated and on the Internet. Mr. Waarvick clarified that while the information is computerized for staff to locate who is in which plot, that information is not accessible to the public. Mayor Place summarized today's discussion, stating the Council would like to vote on applying to the Historic Register. She requested staff to gather information on the cost of moving the office, including staffing costs, and obtaining a 501(c) status. She noted there is a quote on Phase I that can be brought up at a Council meeting as well. PRESENTATION OF PROPOSED TREE ORDINANCES Jeff West, Senior Assistant City Attorney, Shelley Willson, Streets and Traffic Operations Manager, and Joan Davenport, Supervising Traffic Engineer, were available for this discussion. Mayor Place advised there are two draft ordinances to discuss; one prepared by Council Member Buchanan and another prepared by Council Members Barnett and Puccinelli. Council Member Barnett said the ordinance he and Council Member Puccinelli originally developed would authorize the Community Review Board to review violations and appeals. However, legal review indicated it would not be appropriate under the RCWs, so they re -wrote it, picking parts from one of the later drafts and the Buchanan Ordinance. Council Member Buchanan said that many years ago he 3 409 JULY 18, 2000 - ADJOURNED MEETING attended a National League of Cities' Conference where there was a lot of discussion about how to bring in economic development and improve the environment by beautifying the city with trees. However, we need to regulate the kinds of trees we have and protect our sidewalks and roads from damage caused by trees. Council Member Puccinelli countered that the ordinance proposed by Council Member Buchanan is too onerous and we don't have the staff to enforce its requirements. He noted one such requirement as having to obtain permission to prune trees, even if pruned . by a professional. Council Member Buchanan interjected that Council Members Barnett and Puccinelli removed the section that requires the professional to file a statement of responsibility and qualifications with the Public Works Director. Without that requirement anyone can say they are a professional. Council Member Sims remarked that before any ordinance is passed we should get a report on the financial impact for both these proposed ordinances and the current ordinance. Discussing the section about planting under overhead wires, Assistant City Attorney West clarified the major difference between the two ordinances is that under one you are not allowed to plant under overhead wires, and in the other, you can plant, but if it creates a problem, the property owner would have to fix it. Council Member Sims commented that we should change the ordinance to not permit overhead wires. Mr. West commented the major difference between the ordinances is that in the one proposed by Council Member Buchanan, there would be a permitting system. The property owner would be required to obtain a permit before planting or removing a tree in the City's right -of -way. Under current law, the removal of a tree in City right -of -way requires Council approval. It was suggested that section be altered so it would be an administrative. function. There are differences in definitions that relate to the permitting system. He stated that Council asked staff to consolidate all sections in the Yakima Municipal Code relating to trees, shrubs, etc in the City right -of -way under one Chapter. In both versions, Chapter 8.80.010, declares not only trees on private property, but trees in the public right -of -way, to be the responsibility of the adjacent landowner. This section would be a benefit to the City when defending the City against claims. Mayor Place interjected that if not taken care of, even trees on the suggested list would cause damage to sidewalks. Mr. West stated that Section 5 is a change to the current ordinance. Under the Buchanan ordinance, the Council is the one who would grant extensions for extenuating circumstances and under the Barnett /Puccinelli ordinance, the granting of extensions would rest with the Public Works Director and the notice period would be 15 days instead of 10. Council Member Buchanan stated he doesn't care about the change from 10 to 15 days. If the responsibility is delegated to the Public Works Director, that is all right, too, because the person could appeal the decision to the City Council. Mr. West noted that the last change is the section proposed by the Traffic Office for clear view issues. Another difference occurring in Section 8.80.115 (or .130) relates to the 4 410 JULY 18, 2000 - ADJOURNED MEETING removal of dead trees and tree maintenance. Under the Buchanan ordinance, there is a requirement of what can be planted and how to plant it. In the Barnett /Puccinelli ordinance those restrictions have been removed. Council Member Barnett advised it is not in the current ordinance. Mr. West referenced the section pertaining to violations, stating that both ordinances consider a violation an infraction. Designating violation of the ordinance as an infraction will help increase enforcement since there is not a lot of interest in prosecuting people as criminals for violating this ordinance. There was a discussion regarding the clause about what is a single incident vs. multiple incidents; one ticket for all violations found in one inspection, or individual tickets for multiple violations found during the same inspection. Council Member Mattson said he believes the ordinance regulating street trees could be condensed to two pages, including all tree references in one place in the Municipal Code. There should be a guideline available for citizens about street - friendly trees. Council Member Sims agreed. Lynne Kittelson stated she thought this effort came about, not to change the violation and enforcement sections, but started with the premise of economic development. The original purpose was to make our city look its best to attract new businesses. She liked Council Member Mattson's suggestion to keep the ordinance simple. She asked why this didn't go through the Tree Committee and get some public input on it. Bev Luby Bartz commented that we had a Tree Committee in 1997 that included professionals. Denise Nichols reported that the Tree Committee was formed to address an issue in the Northeast Yakima area and has since been dissolved. The Committee was successful in establishing a Yakima Friendly Tree List. Council Member Sims suggested putting that list on the City's Web Page. Council Member Puccinelli suggested it could also go out with the utility bills. Discussion ensued about the difference in the ordinance relating to emergencies. Council Member Buchanan noted in Section 8.08.140 (b) that in case of an emergency the Public Works Director may waive the requirements of this chapter. Council Member Puccinelli stated that the only difference between their ordinance and Mr. Buchanan's ordinance is that during a storm a waiver would be given so people could clean up after the storm. Carol Masterson observed that Council Member Buchanan's version is written from a standpoint of trying to save the City money and the Barnett /Puccinelli version lessens the requirements and the "Big Brother" control. The City has an ordinance to deal with safety and traffic problems caused by trees and vegetation. The solution is educating the public. The Arboretum's purpose is to educate the public about trees. She suggested the City sponsor classes in the spring and fall about how to care for trees and how to select trees 5 411 JULY 18, 2000 - ADJOURNED MEETING for planting in certain areas. She stated that trees are necessary for aesthetics, keeping the temperature down and for keeping people coming here for fun. An ordinance that micro - manages will do nothing but make people want to cut down their trees. She suggested referring this issue to the Tree Committee to come up with a shorter version. Mayor Place summarized the discussion. The consensus is that Council favors the least restrictive ordinance. Council wants all the regulations together in the Code and to de- criminalize violations. Council did. not clarify the permit issue. She stated she would like the Yakima Friendly Tree list placed in the utility bill and include information about how to water and care for trees. Council Member Mattson suggested this information also be sent to nurseries inside the city limits and to rental units, and be put on the City's Web Page. • The meeting adjourned at 9:17 a.m. 1 READ AND CERTIFIED ACCURATE BY: 15 CI() COUNCIL MEMBER DATE � / COUNC MEMBER DATE V ATTEST: CITY CLERK RY PLACt, MAYOR An audio tape of this meeting is available in the City Clerk's Office 6