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
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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
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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
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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
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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
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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.
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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
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