10-27-09 Minutes YELM CITY COUNCIL REGULAR MEETING
TUESDAY, OCTOBER 27, 2009 MINUTES
1. Call to Order -called the meeting to order at 7:00 p.m.
2. Roll Call -Present: Don Miller, Mike McGowan, Pat Fetterly, John Thompson
and Russ Hendrickson. Excused: Bob Isom. Joe Baker arrived at 7:20 pm
(Agenda Item 9)
3. Agenda Approval
9-084 MOTION BY PAT FETTERLY APPROVING THE AGENDA AS PRESENTED.
CARRIED.
4. Special Presentations -none scheduled
5. Public Comment -There was no comment to the Mayors call for comment
6. Consent Agenda
a. Minutes; Regular Meeting; October 13, 2009
b. Payable Checks 52174-52234, totaling $92,672.15
9-085 MOTION BY PAT FETTERLY APPROVING CONSENT AGENDA ITEMS AS
PRESENTED. CARRIED.
7. Public Hearing- none scheduled
8. New Business
a. Ordinance No. 913 Assessment Liens Foreclosure Procedure
Sue Davis requested a procedure change to facilitate the time needed to
process foreclosures by changing the date from July 15t to November 15.
9-086 MOTION BY PAT FETTERLY ADOPTING ORDINANCE NO. 913
SPECIFYING PROCEDURES IN CONNECTION WITH FORECLOSURE OF
ASSESSMENT LIENS IN LOCAL IMPROVEMENT DISTRICTS AND UTILITY
LOCAL IMPROVEMENT DISTRICTS OF THE CITY. CARRIED
b. Resolution No. 501 Neighborhood Stabilization Program Grievance. Sue Davis
updated the contract establishing a contact person for grievances to be the City
Administrator and further describing the grievance procedure.
9-087 MOTION BY MIKE MCGOWAN APPROVING RESOLUTION NO. 501
UPDATING THE CONTACT INFORMATION FOR GREIVANCES RELATING
TO THE YELM DOWN-PAYMENT ASSISTANCE PROGRAM, FUNDED BY
THE FEDERAL NEIGHBORHOOD STABILZATION PROGRAM. CARRIED
9. Old Business
Palisades West Update (tabled from 10-13-09)
Grant Beck reviewed the staff report along with Tim Peterson, Public Works
Director and Brent Dille, City of Yelm Attorney addressing the discussion points
from the previous meeting including;
1) Whether Council could waive the Health Dept regulation of 30 psi at the
meter during peak useage hours.
2) Explore ways to get around requirement.
3) Attorney, Brent Dille review City liabilities.
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SCANNED
Discussion continued based on the findings over the previous week.
1) The WAC requirement for using household booster pump would require
that the pump be moved from the house to the care of the City. Regulations
require State approval. Current hydrant static pressure tested at 24 psi and
does not meet requirement.
2) Brent Dille stated there is no City liability by issuing the permit, as it was
always contingent on the other requirements being met.
4) Roll seal has to do with keeping the sewer system pressurized to prevent
event occurring at the home at Palisades West.
5) Non compliance with Department of Health requirements is not an option.
6) Adding a City built booster pump to the Water System Plan would pass
those costs on to the other rate payers. Other infrastructure items are at
a higher priority.
7) Mayor Harding added that staff has been working on developing a
solution but have found none that meet the requirement without
extensive time and expense.
Joe Baker arrived at 7:20 pm
Andrew Smith announced that his Attorney was not present, but was on his way
to the meeting. Mr. Smith stated that his understanding from the 10-13-09
meeting was that the motion to table the item was to provide time for both
attorneys to review fire issue waiver and allow his family to move in to the
house.
His contention is that other issues are being brought in rather than looking for
solutions. He feels that the liability lies with the City for issuing the permit. He
further stated that;
1) Plat Amendment No. 1 specifically states, no building permit shall be
issued until booster pump in constructed that would provides adequate fire
protection. City was aware that this application was for a custom home as
opposed to model home.
2) No certificate of occupancy would be issued until sufficient roll seal for
sewer was in place is now a liability to City for issuing permit.
3) Common sense tells him that the City was obligated to follow procedure to
protect citizens like him, by not issuing building permit in the first place.
4) Last point -From the meeting with the Planning Department in June, the
key issue was fire safety and now has moved to bring up new issues to tackle.
Where does it stop before we can find a solution rather than problem after
problem?
Councilmembers again asked Mr. Smith if Contractor and Builder, Mr. Lee and
Mr. Chamberlain made the Smiths aware of the condition that a booster pump
was required before occupancy.
Mr. Cushman arrived.
Mayor Harding asked Mr. Smith what his proposed solution would be to meet
the State requirements. He deferred to the engineers to determine those
technical concerns.
Vince McClure, Structural Engineer addressed the Council asking them to
evaluate the needs of this single home rather than that of the entire plat. As an
Hlcouncilll0-27-09 Page 2 of 4
engineer, he offered ideas for appropriate solution for the Smith's residence.
He proposed using a small reservoir and pump at the home to deliver 30 psi
with safeguards in place to address acceptance of responsibility. Use of back
flow valves, pumps, activated on timers at low flow hours, and pressure
equalization valve to accommodate the sewer pressure. The plan allowed one
model home to be built. He feels the useage of an approved model home would
be similar usage as one home occupancy for the sewer.
Grant Beck added that this property on the hill is unique to the City of Yelm in
that the water and sewer line is at a higher elevation than the sewer table.
Mr. Cushman determined that there a 3 reasons to deny plat amendment
requests; engineering that adversely effects the system health or safety at the
house, legal impediments involving the city system or political reasons. He
continued, stating that no engineering is insurmountable but City staff has not
approached client with solutions. Legal fixes can be arranged to insulate the
City from liability and political obstacles can be addressed by the Council alone,
outside staff's position influence. Mr. Cushman recommended granting the plat
change conditionally on DOH approval, fire flow approval and verification of any
other issues including the sewer flow.
Councilmember Fetterly asked who would bear the cost of the proposed
solutions if found to be effective. Mr. Cushman responded that the cost of
improvements that would benefit the single homeowner would be paid by the
homeowner. Any benefit to the city system would be born by the City.
Councilmember McGowan, anxious to find solution for this family, is bothered
by the house sitting empty, where was the Contractor's responsibility along the
way, and concerns for taking liability of the entire city with a waiver for one
homeowner.
This property is at a higher elevation than the table of the sewer. During idle
time, typically overnight, equalization of the sewer system occurs by draining to
table level. In the active hours the system re-pressurizes ultimately pushing air
and gases into the upper lot step tank and odors into the home.
Grant states that there are other issues remaining when the psi issue and fire
flow is resolved. Does Council want to accept liability that would remain?
CONCENSUS - To determine direction without resolution for both
technical and liability issues to include no added liability to city; sufficient
fire protection, written engineering fixes to accomplish 30 psi to house for
potable water, sewer pressure, potential damage to city system, added
insurance coverage and compliance with State agencies.
Vince McClure offered to work directly with Parametrix with the inclusion of Tim
Peterson on the engineering questions, getting back to Council with written
proposal as soon as possible.
s-oss MOTION BY PAT FETTERLY TO TABLE THE PALISADES WEST UPDATE
TO THE 11-10-09 COUNCIL MEETING. CARRIED.
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10. Mayor and City Council Reports
Councilmember Miller attended a DOT meeting and picked up Washington
State Freight Rail Plan that includes Tacoma Rail/Yelm/Roy
Councilmember Baker attended Intercity Transit meeting.
Councilmember Thompson attended Transportation Policy Board meeting.
Mayor reported that Thurston County Economic Development Council is actively
recruiting new employment opportunities by encouraging Thurston County
Businesses.
11. Executive Sessions -none scheduled.
12. Correspondence included a thank you note from the Yelm Lion's Club for the
City's support by placing the Lion's logo on the Welcome to Yelm sign.
13. Adjourn: 8:43 p.
Ro Harding, ayor~J
Attes .
Jani Schnepf, City Clerk
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