06-27-01Minutes
YELM CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 27, 2001, 7:30 P.M.
OPENING
1. Mayor Rivas called the meeting to order at 7:30 p.m.
Council present: Don Miller, Glen Cunningham and JW Foster.
Excused: John Thompson and Bob Isom
2. Agenda Approval
01-67 MOTION BY JW FOSTER, SECONDED BY GLEN CUNNINGHAM
APPROVING THE AGENDA WITH THE ADDITION OF INTRODUCTIONS AS
ITEM 3A AND ADVANCING ITEM 8 BEFORE ITEM 7, IF THE SPEAKER IS
PRESENT. CARRIED.
3. Public Comment - None
a. Introductions: Chief Asmus introduced new reserve officers Joe Kelly and
Donald Moody, and administered an oath to Officer Kelly. Cathie Carlson
introduced Jim Gibson, the new city engineer.
CONSENT CALENDAR
4. Minutes: June 13, 2001
5. Payments: Checks 15341-15428, Totaling $296,078.73
a. Claims Checks: 15342 & 15356 - 15427, Totaling $295,078.73
b. Manual Checks: 15341 and 15343 - 15355, Totaling $670.00
6. Payroll: Preliminary June 2001
01-68 MOTION BY DON MILLER, SECONDED BY GLEN CUNNINGHAM
APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED.
NEW BUSINESS
Mayor Rivas announced that agendas and ordinance copies were available on
the side table, and requested that individuals wanting to speak during the
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public hearing complete and turn in a speaker's card to the recorder. He
explained that elected officials recognize that they face different responsibilities
when considering the needs of the City of Yelm's taxpayers vs. considering the
needs of the larger surrounding community. Mayor Rivas added that the City
had twice imposed six-month moratoriums on adult entertainment businesses
to allow staff time to prepare these ordinances. Staff was commended for the
time and care invested in researching and preparing the ordinances. Mayor
Rivas added that the City has not received any applications at this time, and
that the proposed ordinances lay the groundwork and establish management
processes and procedures in the event an application is submitted.
7. Public Hearinq - Zoninq Code Amendments. Mayor Rivas opened the public
hearing at 7:40 p.m. announcing the date, place and purpose of the hearing.
No conflicts or objections to participants were stated.
Shelly Badger explained that adopting ordinances establishing regulations for
locating and licensing adult entertainment businesses provides more control to
the City in the event an application is submitted. In preparing the ordinances
the goal was to make the ordinances as restrictive as possible without violating
constitutional rights. On June 18, 2001, the Yelm Planning Commission
conducted a public hearing and after considering the information provided and
public testimony, the Commission took action recommending approval and
forwarding the ordinances to the City Council. The Commission also requested
that staff review the Spokane and Cincinnati ordinances and provide a report to
the Commission in July for review and possible future amendments to Yelm's
ordinances.
Staff reviewed permitting requirements for the two categories of Adult
Entertainment Facilities explaining where each category would be permitted,
the distance requirements from similar businesses and from sensitive land
uses, and licensing and inspection requirements.
Mayor Rivas called upon individuals who had submitted speaker's cards.
Deborah Deshaies - provided printouts from the Long Island Citizens for
Community Values and reviewed handout statistics concerning child
molestation, sexual violence consumption, the addictive nature of pornography,
and the secondary effects of sexually oriented businesses including a
significant increase in violent sex crimes and a significant decrease in property
value.
Ms. Deshaies added that the road to high community standards begins with a
strong message that soft-core pornography is unacceptable.
Rex Niblack - expressed concern about the possibility of adult businesses
coming to Yelm. He commended the City for taking a proactive role in adopting
ordinances and putting regulations in place as a precautionary measure. He
expressed his belief that everyone supports keeping these businesses
completely out of the Yelm area, and feels there is nothing positive about these
businesses. He also pointed out the link between serial killers and their
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addiction to pornography. He encouraged Council to be as strict as possible in
Yelm's ordinances and pointed out the higher spatial distances used in some
other communities.
Audience member (Name inaudible) - Question pertained to the number of
licenses that could be issued. Mayor Rivas responded that there is no limit on
the number of licenses, but that there is a prohibition against locating facilities
within certain distances of each other or sensitive land uses.
Paul Porter - stated that he works with youth within his church and expressed
his concern at the message this sends to people raising families. He pointed
out the additional workload this could create for the police department. Mr.
Porter feels that Yelm is special and a safe community in which he can raise
his children. However it is also an easy community to lose yourself in, and
these (adult entertainment) types of businesses increase opportunities for
those individuals (wanting to be unnoticed). He urged Council to do everything
possible to protect the citizens and youth of our community.
Mark Tietjen's letter expressing his appreciation for action being taken to
restrict the development of adult businesses was entered into the record.
Being no additional public comment, Mayor Rivas called for Council
questions/comments. Discussion topics included: distance variations in other
communities, fee structures and if an exorbitant license fee would be
considered in effect a ban, and the sensitive land use definition and county
regulations for adjacent areas. Councilmember Foster commended the Yelm
Planning Commission and staff for taking a two-strike approach, first with
zoning, then licensing, and stated that this goes as far as the City can towards
prevention. He also pointed out that there are other actions that community
members can take to prevent these types of businesses from coming to Yelm.
Mayor Rivas thanked Julie Graber and the Nisqually Valley News for a recent
article and editorial concerning the ordinances before Council.
Being no additional comment, Mayor Rivas closed the hearing at 8: 1 0 p.m.
It was noted that staff continues to gather information and that amendments
are possible. Any proposed changes would go first to the Yelm Planning
Commission and then to City Council. Mayor Rivas pointed out that the existing
moratorium would expire in less than four hours.
01-69 MOTION BY DON MILLER, SECONDED BY GLEN CUNNINGHAM
ADOPTING ORDINANCE 736, ADULT ENTERTAINMENT FACILITIES.
CARRIED.
01-70 MOTION BY GLEN CUNNINGHAM, SECONDED BY JW FOSTER
ADOPTING ORDINANCE 737, ADULT ENTERTAINMENT BUSINESSES.
CARRIED.
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8. Medic I Services Update - Cheryle Edman, Emergency Medical Services
Council Chair and South County Mayor's Representative. Ms. Edman provided
a handout addressing the EMS Council Planning Committee structure and
responsibilities, and overview of the Medic 2-Yelm Fire District #2 situation.
Lacking a contract with Yelm Fire District #2, the Medic Unit currently located in
Yelm is operating on a month-to-month basis. Meanwhile, the EMS Council
continues to meet to develop and consider options and eventually make a
recommendation.
Mayor Rivas thanked Ms. Edman for appearing and invited her to report back
to Council regularly.
9. Greenwell Appeal (APP-01-8283-YL) of 5/21/01 Planning Commission
Decision on (BSP-01-8275-YL) Yelm Multi Family. Mayor Rivas called for the
staff report. Tami Merriman provided an overview of the history of the proposal
leading to the appeal. The proposal is for a 44-unit apartment complex on two
acres located south of and behind Safeway. The lot would be divided through a
binding site plan process. Public notices were prepared and sent out, a
Mitigated Determination of Nonsignificance was issued and the project went
through a site plan review. Evaluation during the site plan review process found
that the project met requirements for a density bonus, allowing a maximum of
48 units on the site.
Civil plans were reviewed for compliance with Yelm Development Guidelines,
(DOE) Stormwater Management Requirements, and general civil engineering
standards. A Yelm Planning Commission Public Hearing was scheduled and
advertised for 5/21/01. At the public hearing, neighboring property owners
voiced their opposition to the proposed apartment complex being located
adjacent to their single-family residences.
The Planning Commission approved the staff recommendation conditioning the
approval and placed two additional conditions on the approval lot based upon
public testimony. The new conditions of approval address fire flow and egress
and ingress through the Safeway parking. Following the Notice of Final
Decision approving the proposal with conditions an appeal was submitted to
the City.
Appeal items were related and categorized as traffic, infrastructure, garbage,
wildlife and quality of life issues and addressed with a determination that the
City's minimum standards for each category were met.
Mayor Rivas called speakers.
Mary DeSoto - declined speaking at this time.
Emilie Greenwell- pointed out that although this is called the Greenwell
Appeal, 31 of her neighbors contributed to and are listed on the appeal, this is
a neighborhood effort and reflects what the neighborhood is feeling about the
situation. Ms. Greenwell questioned if notices were mailed to/received by the
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other appellants. Ms Greenwell indicated that they understand that the
proposal meets City requirements/codes, but what happens to their
neighborhood is about a lot more than just zoning and codes, it's about
homeowners, the way they live their lives, their neighborhood and children.
Concerns addressed by Ms. Greenwell:
. Property values, a realtor indicated that the project would reduce
property values in the neighborhood by up to 100/0.
. Privacy, the building is 21/2 stories tall and 25 feet from her back fence
. Safety and traffic, there are a lot of kids in the neighborhood and this
project will generate a lot more traffic.
. Changing the character of the neighborhood, homeowner VS. renter
attitudes.
. Noise, will I hear car motors at my back fence in the middle of the
n ig ht?
. Water pressure
· Destruction of habitat, losing the trees, rabbits, birds that are there now.
Ms. Greenwell indicated that a realtor had told recent purchasers that some
kind of agreement requiring a buffer/greenbelt between Safeway and the
neighborhood had been negotiated. Neighborhood residents understand that
the project meets zoning and that there is a need for rental housing, and that
Yelm is a growing city, but you (Council) are our representatives and we are
citizens of the City of Yelm with major concerns about how our neighborhoods
will be impacted.
Mayor Rivas called for Council comments/questions.
Topics discussed included: Growth pressures experienced citywide and
Council responsibilities to insure that ordinances and codes are in place to
guide that growth. Parking requirements and possible ways of limiting the
number of vehicles to ensure emergency access. Water pressure fluctuations
reportedly registering from 40 to 105. Jim Gibson, city engineer, provided
information on normal flows and asked to be contacted if such a variation of
pressure is experienced again. He explained that there is adequate supply and
pressure and that the Water Comprehensive Plan includes plans to loop the
water supply in that area. Mayor Rivas questioned "who" it was that told
homeowner's of the greenbelt? He added that the City's legal processes have
been established and put in place as a guide and the Planning Commission
and Council' responsibilities are to see that they are upheld.
Staff reported that when the agenda was prepared on Thursday (6/21/01) it
was sent to all the individuals listed as part of the appeal.
01-71 MOTION BY JW FOSTER, SECONDED BY DON MILLER TO UPHOLD THE
PLANNING COMMISSION DECISION APPROVING CASE #BSP-01-8275-YL
AS CONDITIONED. CARRIED. OPPOSED: GLEN CUNNINGHAM.
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10. Ordinance NO.7 40, Budget Amendment, new Community Development
Department position. Cathie Carlson reviewed the staff analysis and proposed
duties of the new part-time office assistant.
01-72 MOTION BY GLEN CUNNINGHAM, SECONDED BY JW FOSTER
ADOPTING ORDINANCE 740 AMENDING THE 2001 BUDGET BY ADDING A
PART-TIME OFFICE ASSISTANT POSITION TO THE COMMUNITY
DEVELOPMENT DEPARTMENT. CARRIED.
11. Ordinance No. 739, Budget Amendment authorizing two employees to receive
cash in lieu of medical insurance. Agnes Bennick explained that this is a
routine process necessary to allow employees to withdraw from the medical
insurance program and receive cash instead.
01-73 MOTION BY DON MILLER, SECONDED BY JW FOSTER ADOPTING
ORDINANCE 731 AMENDING THE 2001 BUDGET BY PROVIDING CASH IN
LEIU OF MEDICAL INSURANCE FOR TWO STAFF MEMBERS. CARRIED.
11. A. Ordinance No. 738, Budget Amendment adding a permanent part-time office
assistant position to the Public Works Department Budget. Shelly Badger
reviewed the need for additional help at the new PW Facility.
01-74 MOTION BY JW FOSTER, SECONDED BY DON MILLER ADOPTING ORD
738 AMENDING THE 2001 BUDGET BY ADDING A PART-TIME OFFICE
ASSISTANT POSITION TO PUBLIC WORKS DEPARTMENT. CARRIED.
OLD BUSINESS
12. Resolution No. 412, Meeting and Customer Relations Expenses. Agnes
Bennick reported that this resolution was drafted in response to Council's
request and provides a written policy to deal with specific situations.
01-75 MOTION BY DON MILLER, SECONDED BY JW FOSTER APPROVING
RESOLUTION 412 A MEETING AND CUSTOMER RELATIONS EXPENSE
POLICY. CARRIED.
REPORTS
13. Councilmember Miller - Liaison Reports
a. Court - A written Municipal Court report for May 2001 was provided.
b. Financial - An overview of a program offering a credit card payment option for
customers was presented. All fees are paid by the customer and collected by
the company with no cost to the city. Credit card payments would not be
accepted at city facilities, the customer would initiate credit card payments by
either calling a toll free number, or over the internet. It was recommended that
information about the program, including fees, be sent out with the next edition
of the newsletter.
01-76 MOTION BY DON MILLER, SECONDED BY JW FOSTER DIRECTING
STAFF TO PROCEED WITH OBTAINING A CONTRACT FOR THE MAYOR'S
SIGNATURE AND NOTIFYING THE PUBLIC OF THE PAYMENT OPTION.
CARRIED.
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14. Councilmember Thompson - Liaison Reports (Councilmember Thompson
was excused)
a. Police - A written report was provided and Brian Asmus presented an update of
recent activity concerning the use of the taser to gain control of a situation, a
felony assault call with the potential for serious injury to the officer or a citizen,
a child luring offense case, recent and upcoming training, delivery of a new
vehicle, and a grant.
b. Public Works - A written report was provided. Tim Peterson presented
information on the chip seal report.
15.
Councilmember Isom - Liaison Reports (Councilmember Isom was excused)
Park Advisory Board - No Report.
Park Use Requests - Five Park Use Requests were provided and reviewed.
MOTION BY GLEN CUNNINGHAM, SECONDED BY DON MILLER
APPROVING FIVE PARK USE REQEUSTS. CARRIED.
a.
b.
01-77
16. Councilmember Cunningham - Liaison Reports
a. 1) Planning Commission - Meeting content precluded his attendance.
2) Community Development Department - a written report was provided.
3) Railroad Committee - no meetings were scheduled.
b. Other Meetings/Assignments - Attended the AWC Conference in Bellevue and
felt that it was very informative.
17. Councilmember Foster - Liaison Reports
a. 1) City Hall - a written report was provided.
. Agnes Bennick presented an update on coordinating the Land Use
Decision-Making training being planned.
. Approval was requested to utilize budgeted Administrative Department
funding, along with supplemental funding from other departments for a
Yelm Municipal Code update project. Other funding options were
discussed including diverting funds from the unused Medic I line. A
Scope of Work for the project was provided with the written report.
COUNCIL CONSENSUS SUPPORTED MA YOR RIVAS SIGNING A
CONTRACT FOR THE YELM MUNICIPAL CODE UPDA TE PROJECT.
· A resolution will be coming to Council shortly demonstrating intent to
adopt a model business license ordinance. A brief verbal history was
provided.
2) Senior Center - He wrote a letter of support for the Yelm Seniors Center and
attended the Eagles fundraising dinner to benefit the Senior Center building
fund.
b. Other Meetings/Assignments - He missed the SWAC meeting due to attending
another meeting, but they have been discussing banning mercury
thermometers. Some stores have already stopped carrying them.
He attended four sessions at the AWC Conference on Revenue, Financing,
and Budgeting including a Model Tax Ordinance session. He would also like to
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attend the AWC & WFOA Budgeting training in August. There was discussion
and agreement to draw against the Mayor's Travel and Training line to
supplement Council Training. Staff was thanked for putting together great
reports for tonight's meeting.
18. Mayor Rivas explained that he has been busy at work the past two weeks due
to budget year endings and did not take the time to write down his meetings.
Mayor Rivas thanked Councilmember Foster for attending Kay Eisenhardt's
retirement and presenting the City Proclamation.
19. Correspondence was reviewed.
i
ADJOUR : 9: 5
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Attest:
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