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04/14/93e . ~-: ' . ~ CITY ~±OF YELM CITY COUNCIL MINUTES..=t WEDNESDAY~~,~~•;APRIL 14, 1993 F~ 7:30 P.M., CITY HALL COUNCIL CHAMBERS Agenda/Motion Numbers 1. The meeting was called to order at 7:30 p.m. by Mayor Pro-Tempore Kathy Wolf. All present joined in the flag salute. Council present: Martha Parsons, Amos Lawton, Kathy Wolf, Patty Forrester and Don Miller. Kathy Wolf acted as Mayor Pro-Tempore in Mayor Sanders absence. Guests present: Barry Russell, Ken Gadtke, Robert Thorpe, Dennis Su, Helene Newby, Jerry Prigge, Ed Kenney and Craig Steepy. Staff: Shelly Badger, Gene Borges, Jerry Prock, Tim Peterson, Glenn Dunnam, and Agnes Colombo. Ty Peterson, Sandy Mackie, and James Blundell. 1 93°67 2. MOTION BY MARTHA PARSONS, SECONDED, BY AMOS LAWTON APPROVING THE AGENDA WITH .THE ADDITION OF ITEM 13, e, PUBLIC WORKS REPORT. MOTION CARRIED. 93°68 3. MOTION BY MARTHA PARSONS, SECONDED BY AMOS LAWTON APPROVING AS WRITTEN THE MINUTES OF MARCH 10, 1993. MOTION CARRIED. 93-69 4. MOTION BY MARTHA PARSONS, SECONDED BY DON MILLER APPROVING PAYROLL OF MARCH 31, 1993. MOTION CARRIED. 93-70 5. MOTION BY AMOS LAWTON, SECONDED BY MARTHA PARSONS APPROVING VOUCHERS 12447-12562 WITH THE EXCEPTION OF VOUCHER NO. 7635 (SEE LATER DISCUSSION). MOTION CARRIED. 6. Senior Services for South Sound. No one available at this time, discussion following item 14. 7. Public Hearing - Rodriguez Annexation (ANX8081) Burnett Road. Annexation consists of 9.9 acres at the end of Burnett Road. Staff recommends approval of the annexation request and that it be sent to the Boundary Review Board with a request for waiver due to size. Mayor Wolf opened the hearing at 7:40 p.m. The floor was opened for public comment. Denise Rodriguez - owner of the property expressed her desire for Single-Family Residential Zoning. Sandy Mackie, city counsel, explained that if ,the property was contiguous it is possible to either adopt the requested zoning or to come in at the current zoning and that the issue would have to be looked into prior to the Ordinance being drafted. Mr. Mackie stated that the request would be noted but that no action would be appropriate at this meeting. Mayor Wolf closed the hearing at 7:42 p.m. CITY COUNCIL APRIL.14, 1993 PAGE 1 ~~'~~~~~1 MOTION BY DON MILLER, SECONDED BY AMOS LAWTON APPROVING THE RODRIGUEZ ANNERATION REQUEST. MOTION CARRIED. 8. Public Hearing - Southwest Yelm Annexation Final Environmental Impact Statement. The public hearing was opened at 7:45 p.m. by Mayor Wolf. Sandy Mackie explained that Council's options are: 1) Accept all or part of the annexation as presented in the FEIS and forward to the Boundary Review Board; 2) Not proceed with the annexation; 3) Reguire additional work prior to proceeding with the preparation of the application for the Boundary Review Board. Sandy Mackie also explained to those present that the Yelm Planning Commission had reviewed the FEIS and has issued a set of findings recommending approval of the annexation. Mr. Mackie stated that he would be the moderator for the hearing and asked the applicants representative, Robert Thorpe, Thorpe & Associates Environmental Consultants, to briefly describe the issues identified and addressed in the FEIS. Robert Thorpe - indicated the boundaries of the 2,000 acre annexation on a map and explained that consideration for this public hearing was for the annexation only. Mr. Thorpe explained that as the development process progresses additional Environmental Impact Statements would be required; that proposals for development within the proposed annexation would include residential, commercial, multi-family and recreational uses; and that mitigation measures exist to address traffic control, services, etc. Sandy Mackie asked if the annexation was being requested with current county zoning. Mr. Thorpe responded that no zone change was being requested; that no commitment to a particular end result existed; that sewer concerns could be addressed; and that the potential estimated population following the scenarios presented were consistent with growth management projections with slightly more population than would occur if left at county zoning. Mr. Thorpe also believed that the projected development could be self-supporting assuming on and off site improvements. The floor was opened to the public for comment. Jerry Pricicie - asked if rezone was a possibility? Mr. Mackie acknowledged that it was. Mr. Prigge questioned effect of the annexation on services. Mr. Mackie responded that building permits could be obtained locally, police response would be from a closer location and that all municipal services could be made available at some point. Mr. Prigge questioned taxes. Mr. Mackie CITY COUNCIL APRIL 14, 1993 PAGE 2 ~~.~~~ ~ ~ explained that it would be tax neutral, the same if you were in the city or county. However, development and increased value would have an effect. Helene Newby - asked if she would begin receiving a water bill although she has her own well? Mr . Mackie responded that all city utilities must be self-sustaining and that her property would have to be developed to be subject to utility service and billing. Also questioned was being forced into a Local Improvement District. Mr. Mackie explained the City's preference has been for latecomers agreements. Mayor Wolf stated that the exception was for garbage service which is required of all city residents. Gene Borges stated that with that size of annexation he felt that the ordinances for water and garbage service would have to be revisited. After going to the Boundary Review Board the annexation would be back before Council and those issues would best be addressed at that time. ~';t~1~,c1S ~fov.seK~y Ed Kenney representing the Nisqually River C-~~ ~'m~,»~~~ SeF ~„`;~o~, requested t~At theme letter of 2/13/93_bc ,erAd. 73-79 Nis~uA,Ly ti'ivrt ~'vc+ucr!_ Sandy Mackie read the letter and responded to questions raised. Mr. Mackie explained that the range of annexation alternatives would go before the Yelm Planning Commission prior to any development and that -all would require amendments to the related Comprehensive Plans. That discharge to the currently planned sewer system was not encouraged and that discharge would be decided during development of a utilities plan. That protection of the Nisqually River has always been an issue of importance to Yelm. That the inclusion of Section 27 which falls within the Rainier School District is actually an island that cannot be contiguous to Rainier, although the BRB could request its removal from the annexation. That Wastewater facilities inaccuracies and discharge values as to potential future maximums had been addressed. That the NPDES permit was for the incorporated area of the City only. That the annexation was within Yelm's sphere of influence and that impacts on vegetation and wildlife was an area to be addressed at the comprehensive planning level as well as the planning level. That no commitment had been made on the part of the City Council to accept any scenario. That the City was committed to the annexation, not to design or density. These issues were part of Phase II. Sandy Mackie explained that it was to the City's advantage to be able to deal with an annexation of this size as a whole. Normally annexations are a little bit here, a little bit there and don't allow planning for an overall community. A larger annexation allows you to get ahead of the planning curve. CITY COUNCIL APRIL 14, 1993 PAGE 3 ~~ ~~~~~ ~ Gene Borges pointed out that the annexation actually consisted of two large sections. Sandy Mackie suggested that it be dealt with as a whole for better planning of road and other networks. Sandy Mackie continued addressing issues in the Nisqually River Council's letter pointing out that the desire to determine the end result was premature. That concurrency had to continue developing or a project could not move forward. That it was Yelm's view that these decisions should be made by Yelm not Thurston County and that development should be guided by more restrictive City standards, not by county standards. Ed Kennet/ - expressed concern about the impact on Yelm's schools. Sandy Mackie responded that growth can be charged for the impact of growth. The applicant can be required to contribute and that `the increased capital basis would benefit the infrastructure. Robert Thorpe explained that although the Nisqually River Council's letter had not been recieved within the required comment period all issues raised had been responded to on pages 84 and-85 of the FEIS. Barry Russell - expressed that he preferred that we still be referred to as rural. All Councilmembers had received copies of both the annexation FEIS and the Planning Commission findings prior to the meeting. :Sandy Mackie reviewed Commission findings: 1) The SWY annexation is consistent with Yelm and Thurston County's°planning and within Yelm's proposed urban growth area. 2j Proposed zoning is complimentary to. the Comprehensive Plan - note: zoning is not being adopted just discussed. 3). Utility and transportation plans for area are consistent with Yelm's growth management and utility planning. 4) The FEIS adequately and accurately describes the project. 5) The project would benefit the City by~ providing a well planned development area without undue burden to existing taxpayers. - Sandy Mackie raised three additional issues for Council consideration. 1) Does the annexation maintain natural neighborhoods/boundaries? -2 ). Are there logical boundaries and service areas? 3) Are agricultural areas protected with no forced farm land conversion? All responses were affirmative. Councilwoman Parsons. asked if issues addressed in correspondence from Centralia had been settled. Dennis Su responded that they-had been resolved and that CITY COUNCIL APRIL 14, 1993 PAGE ~ ~4 ~!~ i~ : , ; ~ ... 1 • movement of the power lines along the buffer between ~ ~ ~ ~ ° `~ areas expected to be developed and the Ft. Lewis boundary was a workable option. Councilwoman Forrester questioned who would make the decision on land staying in the Rainier School District? Sandy Mackie stated that it would be up to the two districts to work out. Shelly Badger asked about permitting others to join the annexation. Mackie suggested that this annexation proceed. He recommended staff not allow additions to the annexation. Other annexations could go the Boundary Review Board concurrently. Being no additional comment Mayor Wolf closed the hearing at 8:40 p.m. 93-72 MOTION BY MARTHA PARSONS, SECONDED BY AMOS LAWTON TO ACCEPT THE ANNEXATION AS DESCRIBED IN THE ENVIRONMENTAL IMPACT STATEMENT, TO APPROVE AND ACCEPT THE ENVIRONMENTAL IMPACT STATEMENT AS ADEQUATE, TO ACCEPT THE FINDINGS OF THE YELM PLANNING COMMISSION AND TO ADOPT THOSE AS THE FINDINGS OF THE CITY COUNCIL, TO DIRECT STAFF TO PREPARE THE BOUNDARY REVIEW BOARD APPLICATION SUBMITTING THIS PROJECT FORWARD FOR ANNEXATION. MOTION CARRIED. Discussion prior to motion adoption found Councilmembers not in favor of additions to the annexation. Councilmembers did not believe that the annexation was too large. Councilmembers felt the annexation would meet Boundary Review Board requirements. 9. Members reviewed Tomkins Industries formal request for early repayment of loan. 93-73 MOTION BY MARTHA PARSONS, SECONDED BY DON MILLER THAT CITY ACCEPT EARLY REPAYMENT OF TOMKINS INDUSTRIES LOAN. MOTION CARRIED. 10. McKenzie Street Vacation - request from James Harding to purchase McKenzie Street right-of-way. Easements would be retained by the city. 93-?4 MOTION BY MARTHA PARSONS, SECONDED BY AMOS LAWTON THAT MR. HARDING'S OFFER FOR PURCHASE OF MCKENZIE STREET RIGHT OF WAY BE ACCEPTED. MOTION CARRIED. Staff was directed to prepare an ordinance. 11. a. Barry Russell questioned the logic of the Central Business District Ordinance in prohibiting all outside storage and sales. Council referred Mr. Russell to Planning Commission for evaluation of his complaint and determination of need for ordinance modification. b. Resolution No. 287, Lorimar Homes 10$ annexation petition. Annexation of property south of Canal Road and east of Rhoton Rd. CITY COUNCIL APRIL 14, 1993 PAGE 5 ~~~~~~? 93-75 MOTION BY DON MILLER,- SECONDED BY~ PATTY FORRESTER APPROVING RESOLUTION NO,. 287 WITH SPECIFICATION THAT PROPERTY TO THE WEST OF RHOTON ROAD AND SOUTH OF CANAL ROAD ALSO BE INCLUDED. MOTION CARRIED. c. Mendoza Waiver Request to allow C-2 business to operate in C-1 zone. After review of Mr. Mendoza's letter and conversation with Mr. Gadtke Council recommended that Mr. Gadtke appear before the Planning Commission for a possible solution. d. ~ Councilmembers reviewed and discussed possible increases to Yelm Municipal Code Section 6.08.150 Violation -- Penalty dealing with fines for animal control violations. 93-76 MOTION BY MARTHA PARSONS, SECONDED BY PATTY FORRESTER APPROVING NEW RATES FOR ANIMAL CONTROL VIOLATIONS STAFF TO PREPARE AN ORDINANCE ADOPTING NEW FEES AND AMENDING YELM MUNICIPAL CODE. MOTION CARRIED. e. Resolution No. 286 identifying authorized signors for conducting City banking/financial transactions. 93-77 MOTION BY DON MILLER, SECONDED BY MARTHA PARSONS APPROVING RESOLUTION NO. 286. MOTION CARRIED. f. Thurston Conservation District. Shelly Badger gave a brief background report and explained that she would like to have a representative from the District address Council. The Conservation District would work directly for private landowners to solve site-specific concerns. The District is not regulatory and does not have an enforcement role. Thurston Co. Commissioners will decide if an assessment should be enacted for funding the District. g. Mayor Wolf noted that a proclamation had been issued by Mayor Sanders recognizing the contributions of the Boy Scouts. 12. a. Discussion on beekeeping was tabled to 5/12/93. b. Notice of abandonment by Burlington Northern of 14.42 miles of line between Yelm and Tenino. Shelly Badger explained that~the Port of Olympia was the lead agency and had 180 days to'produce a purchase offer or take other action. c. Clarification on Council's motion regarding the sale of timber from Cochrane Park was requested. Council indicated that it was their intent that money from the sale of timber be used for improvements for all parks. 13. Reports a. Planning liaison to the agenda for th CITY COUNCIL APRIL 14, 1993 Commission. Martha Parsons, new Council Planning Commission, asked 'to be on the e next Planning Commission meeting. The PAGE ~6 ~l ~~ li l_I a r ~ _ , ~ :.~~ ~ .. .f o p • ,~ ~~~~~~_ Commission plays an essential role and Council would like to improve communication between the two groups. b. Parks Committee. Concern was expressed that the Park Travel/Training Budget line item was overdrawn as costs for recent training events exceeded the budget. Council approval stipulated that travel/training expenses not exceed budget line item. Staff was directed to contact chairman and notify that funds must be transferred to cover expenses. Patty Forrester, Park Committee liaison, is looking into possible park uses of motel/hotel tax receipts. James Blundell, from Sandy Mackie's office will research this issue. Park use requests were approved for Girl Scouts; YHS Baccalaureate - sani-can required; Western Airpark Assoc., Pacific Harbors Boy Scouts - sani-can required; Lion's Club - Sani-can, insurance and usual event requirements; Lilley reunion - Sani-can required. c. No Court Report. d. Sewer Report. Gene Borges reported that the Hearing on Shoreline Permit for outfall to the Canal and Nisqually River was attended by Sandy Mackie, Steve Gilbert, Parametrix, and himself. Thurston Co. Planning had recommended against approval of the requested permit. Late notification was one of the issues raised by Yelm. A verbal decision was given on March 15, recommending approval of the permit. 93°78 MOTION BY DON MILLER, SECONDED BY AMOS LAWTON AUTHORIZING CITY STAFF TO INVESTIGATE POSSIBLE MITIGATION ENTITLEMENT FROM AGENCIES INVOLVED AND PERMISSION FOR GENE BORGES TO WORK WITH THE CHIEF ADMINISTRATIVE OFFICER AND ATTORNEY TO DETERMINE IF MITIGATION NEEDS TO BE INSTIGATED AND IF SO WHAT WOULD BE APPROPRIATE. MOTION CARRIED. A meeting with EPA attorneys and representatives, McClure & Son, Red Samm and their attorneys had taken place . All understood the importance of timing to the project. Borges was given permission to contact the EPA attorney who indicated that she hoped to have an answer by May 10. She also understood the importance of timing. Other areas of work will continue as scheduled. The Hydraulic Permit limits work from 1 June to September. Borges requested a workshop with Council and Planning Commission to discuss sewer issues. The City Clerk will contact and schedule. e. Police Report. Glenn Dunnam reported that the new police car had arrived. The car was ordered through the state and Chief Dunnam recommended using this system for future purchases. CITY COUNCIL APRIL 14, 1993 PAGE 7 ~~®~~~~~ ~ Chief Dunnam explained that due to jail overcrowding south county police departments were being forced to turn people loose. f. Public Works Report. Tim Peterson reported that he and Terry Vandiver had attended training in Texas for operation of the new street sweeper. Shelly Badger reported that survey crews were working on the Yelm Avenue improvements between 103rd and Plaza. This is a joint project coordinated by the City. 14. Correspondence items reviewed included the National Library Week Proclamation. 6. A representative from Senior Services for South Sound addressed Council and explained possible service cuts due to funding shortages. Transportation issues will be explored with Intercity Transit. Mayor Wolf read a proclamation identifying May 1993 as Older American's Month. 15. Meeting adjourned at 10:30 p.m. on motion by Amos Lawton, seconded by Martha Parsons. ATTEST: ~, --~i' - A es P. Colombo Kathryn M. Wolf City Clerk Mayor Pro-Tempore ' I_J~ CITY COUNCIL ,~ . APRIL 14, 1993 PA6E~ 8 3 1 1J: Fa