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06/26/91'' ~~~ MIMTIES CITY OF YELM REG[JIAR COUNCIL MEETING ,.~~-~ „M..,~,:, ,~ , u,,, WEDI~SDAY, JUNE 26, 1991, 7:30 PM, YELM CITY I-IAL.L COUNCIL Q-~ER.S The meeting was called to order by Mayor Sanders at 7:30 PM. All present joined in the flag salute. CounciLnembers present: Kathy Wolf, Amps Lawton, Arnold Drogseth, Martha Parsons and Rick Kolilis. Staff: Gene Borges, Glenn Dunham and Shelly Badger.- Visitors: Rose Bailey, Don Miller, John Klapp and Cindy Cecil. New Business(e)s July 16, 1991 Economic Summit, was added to the agenda. Motion by Amos Lawton, second by Martha Parsons to approve the amended agenda. Motion carried. The minutes of the June 12, 1991 Regular Council Meeting were approved on a motion by Martha Parsons, second by Kathy Wolf. Motion carried. Payroll for the month of June 1991 was approved on a motion by Rick Kolilis, second by Amos Lawton. Motion carried. At 7:32 PM the, Public Hearing on the 1992-1997 Six-Year Transportation Program for the City of Ye]m was opened. Kathy Wolf stressed that Yelm Avenue and 1st Street South were state highways and that Yelm does not have complete control over improvements along these roadways. She stated that the Yelm Administration has in the past and will continue to work with Department of Transportation on suggested improvements such as traffic lights, etc. With no further com;nents from the public, the Public Hearing closed at 7:3F3 PM. Resolution No. 222 adopting the 1992-1997 Six-Year Transportation Program for the City of Yelm was approved on a motion by Rick Kolilis, second by Martha Parsons. Kathy Wolf abstained. Motion carried. Ordinance No. 402 adopting a recycling program for the City of Yelm and " establishing rates therefore was approved on a motion by Kathy Wolf, second by Amos Lawton. Motion carried. Program will take effect July 1, 1991. Ordinance No. 404 establishing a substance abuse fund for penalties and contributions was approved on a motion by Amos Lawton, second by Martha Parsons. Motion carried. Ordinance shall take effect July 9, 1991. Yelm Farmer's Flea Market: Mr. John Klapp presented the Yelm City Council a letter dated June 26, 1991. Staff reported to Council that Mr. Klapp had made his request to the Parks Advisory Committee to operate the Market in City Park and that the request was denied because the Committee felt the ecology of the park was too fragile to support heavy year-round weekend use. He (Mr. Klapp) also requested that the Planning Commission allow an extension of the Conditional Use Permit. Planning Commission stated that the Yelm City Council grants the Conditional Use Permit and it was not appropriate to make a recommendation on an extension. Planning Commission also stated they had no recommendation to make to City Council on the continuation of the Market as no plans providing for permanent structures or meeting codes had been presented. Mr. Klapp expressed the following: *Willing to rezone the property currently zoned multi-family residential to commercial after a review of the process by his attorney. *Requested that he be allowed to continue operation of the Market (beyond the June 1, 1991 expiration date) until the rezone was completed. *If allowed to continue, he would erect permanent fencing to the west and northwest and roof the stage. *If allowed to continue, he will pursue a more appropriate site. Staff explained the Conditional Use Permit procedure stating that due to the expiration of the June 1, 1990-June 1, 1991 permit, Mr. Klapp would have to reapply to the City, City would set conditions of pernu t, advertise Public Hearing in legal paper of record and notify all property owners within 300 feet, City would hold Public Hearing and then either accept/deny the request for Conditional Use Fezzn:i t to opcr~-tc a T'a~,~rk:.r. ' :~ r1.ca Ma.r. kct on l:he J,o k:~ ~:~ t the corner of Railroad `and Jef fersoii •~ NW. ~~ ` ~ ~ ; ~` ` ~ y ~-` ~ of K ~ ~ ` .~ ._~~. In as much as the June 1, 1990-June 1,•1991 Conditional Use Permit has expired, Kathy Wolf moved to deny the request by John Klapp, property owner, to continue operation of the Farmer's Flea Market at Railroad and Jefferson NW. The• property owner shall reapply for a new Conditional Use Permit stating specific activities, hours of operation and diagrams of Market layout using the Public Hearing process. Also that Mr. Klapp consider a re-zone application for the area changing the zone to commercial. Motion was • seconded by Amos Lawton. -Motion carried. Council stressed that in the • application for Conditional Use Permit, Mr. Klapp state what will be done on the site to protect property owners and to meet the intent of the Planning Commission's recommendations regarding the ~ construction of permanent buildings and site improvements. Statements were made by the City Administrator and Police Chief that the City could not knowingly allow continuation of the market whether or not a complaint was received. Ordinance No. 405. relating to the replacement of existing non=conforming mobile homes was presented to the City Council for the first reading. Council requested changes that will be incorporated into the final draft to be voted on at the July 10, 1991 Regular Meeting. Ordinance No. 400 adopting the 1991 Washington State Energy Code was approved on a motion by Kathy Wolf, second by Rick Kolilis. Motion carried. Ordinance No. 406 establishing a curfew for minors in the City of Yelm was approved on a motion by Rick Kolilis, second by Amos Lawton. Motion carried. Effective date will be July 9, 1991. Cindy Cecil, UCBO, presented the Council a letter informing of a program through the Department of Community Development where the City can obtain a . surplus truck free of charge, with the stipulation that Yelm maintain ownership of the vehicle for 4-5 years. If ^during that period, Yelm no longer wanted the vehicle,. it would have to be returned to the State, after the period has lapsed, Yelm' would be free to dispose of the vehicle or continue using it.. She asked that the City consider obtaining the surplus truck with a refrigeration unit and act as the lessor (excuse Yelm from legal liability)•and lease the vehicle to the UCBO, who would act as the lessee (making,,UCBO legally liable). The vehicle would be used by the UCBO for transportation and distribution of surplus foods/dairy products. Kathy Wolf moved to approve of the request described above by Cindy Cecil and moved forward to obtain the surplus state vehicle to be leased to the UCBO, subject to review of the agreement by the Attorney and Yelm's insurance agent, second by Martha Parsons. Motion carried. Mrs. Cecil also presented the Council with a letter explaining the Rural- Urban Linkages Program and the Local Economic Development Matching Fund Program (both through the Department of Community Developmient). She gave examples of the types of funded projects and expressed a desire to assist the city in applications for 1992. Gene Borges stated that ideas should come forth from the July 16, 1991 South Thurston County Economic Summit for grant applications. Mrs. Cecil stated that Yelm should find out if they were successful in obtaining a Community Development Block Grant to construct a community center the first week in July. Kathy Wolf asked Council if one could serve as an alternate to the July 16, 1991 South Thurston County Economic Summit, if she were not able to attend. Amos Lawton and Martha Parsons volunteered to attend. Mayor Sanders, Gene Borges and Shelly Badger will also attend. Planning Commission Meeting of June 18, 1991: On recommendation of the Planning Commission, Rick Kolilis moved to accept the "Notice of Intent to Commence Annexation Proceedings" submitted by Mr. Pickle for property at Yelm Avenue E. and Creek Street, second by Amos Lawton. Motion carried. On recommendation of the Planning Commission, Martha Parsons moved to accept the "Notice of Intent to Commence Annexation Proceedings" submitted by Erling Birkland for property at Yelm Avenue E. and Vancil Road, second by Kathy Wolf. Motion carried. ~•~` ".,P;;,'ce Report: Chief Dammam reported that he has been meeting with officials from neighboring jurisdictions to determine their need for future jail space and try to obtain a commitment from them on a number of guaranteed beds they vrould use if Yelm had a jail. He presented Council with a copy of the Yelm Police Department's vehicle impoundment procedure. The Yelm Municipal Court report was submitted for May 1991. 165 tickets were processed of which 50 were criminal and,115 were infractions (non-criminal). The total for May compares to 68 tickets processed in May 1990 and 94 processed in May of 1989. Staff and Cot•nci]man Lawton will meet with the Court Administrator to further discuss their request for additional staffing through 1991. Street and Water Report: Street maintenance continues in preparation for summer chip-sealing of selected streets. Well #3 is on-line. Sewer Report: Staff informed Council of the July 1, 1991, 1:30 PM, signing of the "letter of conditions" (which reserves Yelm's FmHA grant/loan subject to meeting of conditions) and asked for their attendance if possible. City Council asked that staff provide them with names and addresses of granting agencies officials so as they may write letters to state their position on Yelm's sewer project. Yelm/Thurston County Joint Plan: Mayor Sanders will be sending a letter to request a response from the Thurston County Planning Commissioners regarding their position on the recommendations of the Yelm/Thurston County Joint Planning Committee (of April 18, 1991). Kathy Wolf moved to accept the recommendations of the Yelm/Thurston County Joint Planning Committee as described in the minutes of~the April 18, 1991 meeting, second by Amos Lawton. Motion carried. Staff informed the Council that paperwork for the "Community Facility Loan" for the proposed City Hall expansion project will be submitted to Farmer's Home Administration by August 1, 1991. Chief Dammam presented Council with a copy of the "Notice of Potentially Dangerous Dog" used by the Yelm Police Department and Animal Control. Councilwoman Wolf asked Mrs. Bailey if the situation had improved regarding an animal complaint since the June 12 , 1991 meeting. She stated that the Police Department had contacted her and the neighbor to try to work out the problem. Council were presented with a copy of the "abatement letter" used by the Ye]m Police Department to owners of property were drug activity has occurred. Council concurred that the property at 108 Yelm Ave. W be condemned by the YeLm Building Department and that any action required to cease occupancy be taken by the City. The owner•of the property agrees and will assist with the formal `condemnation. With no further business before the Council, Arnold Drogseth moved to adjourn at 10:25 PM, second by Martha Parsons. Meeting adjourned. ATTEST: ~ ~:,~ ~ Shelly A. ger City Clerk bert A'.~an- d~is~ ~~~~ Ro Mayor i~ J