11-10-09 Minutes Regular YELM CITY COUNCIL REGULAR MEETING
TUESDAY, NOVEMBER 10, 2009 MINUTES
1. Call to Order -Mayor Harding called the meeting to order at 7:00 p.m.
2. Roll Call -Present: Don Miller, Joe Baker, Bob Isom, Pat Fetterly, John
Thompson and Russ Hendrickson. Mike McGowan arrived at 7:05 pm
3. Agenda Approval
9-089 MOTION BY BOB ISOM APPROVING THE AGENDA AS PRESENTED.
CARRIED.
4. Special Presentations- Safe Place, Connie Stevens and Nicole Wilsie.
Connie Stevens, Program Director provided brochures and information about
Safe Place and their mission to educate and prevent domestic violence and
sexual assault in the community. Safe Place depends on community donations
to provide free 24 hour support to those in need of shelter, legal advocacy and
other resources. She also informed citizens of the prevalence in the community
and what neighbors, co-workers and friends can do to help those in need.
Nicole Wilsie was introduced as volunteer extraordinaire who primarily provides
assistance to victims for legal resources. Mayor Harding thanked Connie and
Nicole for bringing these resources forward. Brochures are available at City
Hall.
5. Public Comment -Mayor Harding called for Public Comment.
Merle Hom, 91St Ave, congratulated Mayor Harding and Councilmember
McGowan for their volunteer service as wonderful role models of community
service. She was however appalled by the lack of voter turnout in Yelm (22%)
and stated that she will do her part to get people together from different
perspectives for problem solving.
Glen Schorno, Roy, spoke on behalf of the hard working western Washington
farmers and water rights value in their land. Land value can be calculated, water
is another big issue without consistent comparables out there. Stated farming
use has same value as the City needs.
6. Consent Agenda
a. Minutes; Regular Meeting; October 27, 2009, Study Session, October 28, 2009
b. Payable Checks 52235-52371, totaling $859,954.17
9-090 MOTION BY PAT FETTERLY APPROVING CONSENT AGENDA ITEMS AS
PRESENTED. CARRIED.
7. Public Hearing- none scheduled
8. New Business
a. Ordinance No. 914 Eminent Domain, McMonigle Water Rights
Shelly Badger reported from the staff report on the history of the McMonigle
water rights acquisition issue beginning in 2006. In April 2008, the Conservancy
Board agreed with City and the family with the intention for both uses for the
family farm and transfer portion to the City. The application was approved
twice, and then denied by DOE in July 2009. The City filed an appeal with
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Hearing Board, and another hearing was scheduled for November 18th. The
City belief is that it is a good transfer, as part of the adopted water shed plan
encouraging cities to seek existing water to transfer to municipalities before
acquiring new water. The exit of the developer has caused the City to take
action to acquire the rights outside the developer's contract agreement. Both
parties are unable to agree on market value causing the City to take action to
initiate appraisal. Ordinance would aid appraisal to secure water for public use.
The City will continue to negotiate in hopes of settling negotiation on a price.
Steve DiJulio was introduced from the legal office of Foster Pepper to assist the
City of Yelm in the acquisition of water rights. Mr. DiJulio stated that eminent
domain is not a popular exercise, but necessary to accomplish projects of
importance for public use as part of planning ongoing infrastructure. It is a step
allowed in an ongoing three step process to proceed to acquire rights for City
use.
Mayor Harding offered the podium to the McMonigle family for comment.
Charlotte Linski and Albert McMonigle both made a statement regarding the
eminent domain issue before Council.
Charlotte Linski stated that the family will fight condemnation and believe they
will win. If the City prevails, other property owners are at risk. She feels that the
asking price is fair, the condemnation is not, and the City had the opportunity to
assume the previous contract.
Albert McMonigle inquired as to why the City is able to acquire water rights
outside the city limits for city use. Feels threat exists for other property owners
and agrees that their price offered is fair.
Mayor Harding called for questions from Council, for the attorney or the family
present. Mr. DiJulio explained that the process puts government entities and
property owners on equal footing in determining necessity of public use as
determined by courts. Jury hears valuation phase and determination is a binding
judgement. The ordinance would start the process to formalize the court
proceedings.
9-091 MOTION BY JOHN THOMPSON ADOPTING ORDINANCE NO. 914
IMPLEMENTING EMINENT DOMAIN PROCEDURES REGARDING WATER
RIGHTS HELD BY THE ESTATE OF ALICE MCMONIGLE. CARRIED
b. Collection and Disposal of City's Catch Basin Waste contract with Flohawks
in the Amount of $20,000.
Tim Peterson reported that sealed bids were opened October 1 St for contract to
collect and dispose of the City's catch basin waste. Flohawks, aka NW Cascade
was awarded the bid.
9-092 MOTION BY JOHN THOMPSON AUTHORIZING MAYOR HARDING TO SIGN
A ONE YEAR CONTRACT WITH FLOWHAWKS, PUYALLUP WASHINGTON
FOR THE COLLECTION AND DISPOSING OF THE CITY'S CATCH BASIN
WASTE FOR UP TO $20,000. CARRIED
C. PRAIRIE VIEW ESTATES PLAT AMENDMENT.
Tami Merriman presented a plat amendment for a single lot on Longmire Court,
off Coates Road, previously held to protect radius surrounding a working well.
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The well is now decommissioned and the property owner would like to convert it
to a buildable lot. Conditions were stated, including today's requirements;
hooking up to City STEP sewer system, connect to City water with restoration
and repair at time of hook up, mitigate transportation impacts based on new
peak hr trips, submission of civil plans and payment of fire impact fee and fee in
lieu of open space at the time of issuance of building permit.
9-093 MOTION BY PAT FETTERLY APPROVING PLAT AMENDMENT FOR
PRAIRIE VIEW ESTATES AND AUTHORIZE MAYOR HARDING TO SIGN
THE AMENDMENT. CARRIED.
9. Old Business
Palisades West Update (tabled from 10-27-09)
Mayor Harding recommended that this item be tabled for lack of information
available on the progress. Council asked for an update. Grant Beck provided a
staff report of the list of items that are being studied by staff, attorneys and
engineers. There is nothing to report on the psi requirement and the legal
liability issue. All parties are in agreement that the solutions are not easy ones
to come to.
9-094 MOTION BY PAT FETTERLY TO TABLE THE PALISADES WEST UPDATE
TO THE 11-24-09 COUNCIL MEETING. CARRIED.
Councilmember Fetterly reported that November 24 will be her last meeting as
Councilmember in Position 5.
10. Mayor and City Council Reports
Councilmember Isom attended Thurston Regional Planning Council meeting.
Proposal draft budget includes a $488 increase to Yelm's assessment. Asking
staff to review draft work statement prior to December 4 meeting to insure there
is no conflict with TRPC and the City's planning process.
Councilmember McGowan reported from the HOME Consortium meeting,
specifically that the 40-unit Salmon Run apartment project proposed in Yelm is
experiencing delays in securing financing. Funding of $500,000 from the
consortium for this $7 million project is in jeopardy because of the delays.
11. Executive Sessions -none scheduled.
12. Correspondence There was no correspondence.
13. Adjourn: 8:16 p.m.
n Hardi g, ayor
Attest
Janine chnepf, Ci y Clerk
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