10-13-09 Minutes YELM CITY COUNCIL REGULAR MEETING
TUESDAY, OCTOBER 13, 2009 MINUTES
1. Call to Order -Mayor Pro Tem Robert Isom, called the meeting to order at
7:00 p.m.
2. Roll Call -Present: Don Miller, Joe Baker Pat Fetterly, John Thompson. Mike
McGowan arrived at 7:02 p.m. (agenda item 6.) Excused: Russ Hendrickson
3. Agenda Approval
9-079 MOTION BY PAT FETTERLY APPROVING THE AGENDA AS PRESENTED.
CARRIED.
4. Special Presentations -none scheduled
5. Public Comment -Mayor Pro Tem Isom informed the two people who
completed blue speaker cards, that the item they listed was on tonight's agenda
Public Hearing and they would be able to speak at that time. There were no
other comments.
6. Consent Agenda
a. Minutes; Regular Meeting; September 8, 2009 and September 22, 2009; Study
Session; September 23, 2009 and Special Meeting; September 25, 2009
b. Payable Checks 52006-52173, Totaling $876,632.67
9-080 MOTION BY PAT FETTERLY APPROVING CONSENT AGENDA ITEMS AS
PRESENTED. CARRIED.
7. Public Hearing Amendment to Palisades West Subdivision continued from
September 22, 2009. Mayor Pro Tem Isom continued the Hearing at 7:03.
There were no objections or conflicts when asked of the Council.
Grant Beck gave a staff report on the events related to the construction of the
home on Lot 15 in the Palisades West Subdivision, recommending Council deny
home occupancy without the two clear conditions completed; construction of a
booster pump station for fire flow and residential water pressure and a sewer
roll seal is installed by the developer and approved by the City of Yelm. These
were known condition because the elevation of this development property is in
different pressure zone. Water flows do not meet Dept of Health and
International Fire Codes without conditions being met as noted in initial
application.
Tim Peterson, Public Works Director added that the Water Department staff,
who are state certified, are unable to sign off on the condition of the water
needs for this residence for safe home occupancy without the conditions met.
Ben Cushman, Attorney, Cushman Law Offices representing the Smith family.
Mr. Cushman provided an opinion letter from Vince McClure, Professional
Engineer regarding the conditions of the plat was based on the entire build out
of 24 homes, not the needs of one residence on the hill. Mr. Cushman also
provided points to make on behalf of his client; proposing a plat amendment as
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an exception to these two conditions to Lot 15 only, and thereby allowing a
certificate of occupancy be issued to allow this family to move into this
residence. He further stated that the Fire District has discussed their ability to
successfully foil a fire at this residence because of the close proximity to the
station and the use of two hydrants. Mr. Cushman was unable to find a
regulation, other than the condition of the plat approval, requiring every single
family home in Yelm to install a sewer roll seal. Further, he stated, that the
Smiths have agreed to sign a Release and agree to waive any claims due to
events related to fire or sewer as a condition, if allowed occupancy. If liability is
the City's concern, they should also consider the liability of a vacant home. Mr.
Cushman introduced Mr. Smith.
Andy Smith, Yelm, showed a photo of the house and introduced his family; his
wife, two sons and a daughter and spoke of their experience moving to Yelm
after multiple moves in the military and their children attending school here.
They are anxious to get into the house and feel they are the type of family the
Yelm would welcome.
Grant Beck remarked on the letter from the engineer incorrectly makes
assumption about the authority of the Fire Department. The Fire Official is in
fact Gary Carlson from the City of Yelm Building Department. Further the sewer
system is not a gravity sewer but a step sewer.
Mr. Cushman remarked that terminology only, not their assumptions.
Dan Lee, Triance Homes, stated that a domestic pressure tank was installed to
provide adequate pressure. He expressed concern for the safety of the family
and the home would be better served by the house being occupied.
Tim Peterson explained that the two hydrants are on the same water line,
limiting the pressure of the water from the hydrants. Control of a pressure tank
must be in control of the city to address concerns for domestic pressure in the
water line and the sewer flow.
Councilmember Thompson was sympathetic to the family but suggested that
this item be tabled to allow the City's attorney to further review the items
brought forward prior to Council vote. Councilmember Fetterly agreed.
The Council's fiduciary responsibility lies with the city's citizens.
Council continued with questions for the buyer, developer, attorney and staff.
1) State of the water issue prior to this construction. Private wells. Water
service was extended to this development.
2) Was home buyer aware of conditions expected of the developer? Not
until the economy declined and the home was 50% complete.
3) Timeline for development and concern for home buyer's expectations
and current housing.
Mr. Cushman indicated he would be agreeable to discussion with Brent Dille
and stressed to Council that they are not obligated to follow recommendations
of staff.
4) What are the liabilities for the City?
5) Is the home safe to move into for family?
6) With fire flow aside, is current domestic pressure adequate?
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7) Building permit issued for home owner or model home construction?
8) How would waiver affect the other 23 homes?
Grant Beck indicated that Brent Dille concurs with the staff report as presented.
Mayor Pro Tem Isom closed the Public Hearing at 7:53 p.m.
9-081 MOTION BY PAT FETTERLY TO TABLE THIS ITEM UNTIL THE OCTOBER
27, 2009 COUNCIL MEETING AND THE CITY OF YELM ATTORNEY HAD AN
OPPORTUNITY TO REVIEW THE WAIVER AND MEET WITH AND
CONSIDER AN OPTION AGREEABLE TO ALL PARTIES. CARRIED.
8. New Business -none scheduled
b. Resolution No. 503, Amendment to Terms of Killion Interfund Loan
Sue Davis explained that the Finance Committee met to review the revenue and
expenditures of the biennial budget. Resolution 503 would amend the terms of
an interfund loan from Fund 413 Sewer Capital Improvement Fund to 310 Killion
Rd Improvement Fund by extending the loan from one year to three years. Term
interest would remain, but extended time would allow the accumulation of the
LID assessment payments for re-payment of the loan and interest.
9-082 MOTION BY JOHN THOMPSON APPROVING RESOLUTION NO. 503
AMENDING THE TERMS OF AN INTERFUND LOAD FROM FUND 413
SEWER CAPITAL IMPROVEMENT FUND TO FUND 310 KILLION ROAD
IMPROVEMENT FUND. CARRIED
c.. Ordinance No. 912, Budget Amendment Biennial Review.
Sue Davis continued, requesting amendment to the 2009-2010 Biennial Budget
to account for transfer of funds from the General Fund for payment of principal
and interest on the Public Safety Building Limited Tax General Obligation Bond
Fund; to correct a receipt payment into the School Resource Fund 109; transfer
from the Cumulative Reserve Fun 104 to the Longmire Community Park Fund
314 until reimbursement from an awarded grant for Longmire Park Restroom
Facilities Project and authorize 2008 expenditure for final Killion Road
Improvement engineering costs.
9-083 MOTION BY JOHN THOMPSON ADOPTING ORDINANCE NO. 912
AMENDING THE 2009-2010 BIENNIAL BUDGET ALLOWING TRANSFER
FROM GENERAL FUND AND RESERVE FUND FOR REVENUE AND
EXPENDITURES. CARRIED.
9. Old Business- none scheduled
10. Mayor and City Council Reports
Councilmember Baker reported that the Adult Senior Center financial situation
continues to improve. Covered walkway was completed and a second 12
passenger van to transport seniors from Intercity Transit was granted. Reported
from Intercity Transit on 1 Sc place award ceremony held in Florida.
Councilmember McGowan met with the TC Housing Authority to further discuss
the Neighborhood Stabilization Program Part 1 contract for the administration of
the funding for 12-14 qualified family's housing. Rental assistance vouchers for
South County rural area allocated 15 vouchers for this County through HOME
Consortium. Attended TC HOME Consortium meeting; 211 United Way update
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available, tax credits status waiting, organize community outreach.
Councilmember Fetterly deferred to Shelly Badger to report on Yelm
Emergency Operations Board. Thurston County Health Department will brief
Public Managers on outreach directly to Council on information on H1M1 virus.
11. Executive Sessions -none scheduled.
12. Correspondence included an invitation to attend or donate to TOGETHER for
prevention of youth violence, alcohol, tobacco, and drug abuse. For more
information; infoCu~thurstonTOGETHER.org .
AWC will host several regional meetings for elected officials, one locally in
Tacoma on October 28, 2009.
13. Adjourn: 8:15
Ron Hardin ;Mayor
Attes
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Jani ' Schnepf, City Cler
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