12-28-05 MinutesYELM CITY COUNCIL MEETING
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 28, 2005
Call to Order. Mayor Rivas called the meeting to order at 7:30 p.m.
2. Roll Call. Present: Don Miller, Joe Baker, Bob Isom, and Ron Harding. Pat
Fetterly was excused.
3. Agenda Approval
05-114 MOTION BY BOB ISOMAPPROVING THE AGENDA AS PRESENTED.
CARRIED.
4. Special Presentations — None scheduled
5. Public Comment
James Zukowski, Thurston County, indicated that he would no longer be
taping meetings for local replay and that there would be broadcast time
changes for January (December meetings). Mayor Rivas thanked Mr.
Zukowski and indicated that the City is preparing for installation of sound and
video equipment for this purpose.
6. Consent Agenda
a. Council Minutes — Regular Meeting, December 14, 2005
b. Payables: Checks 26778 - 26858 totaling $99,937.39
1) Manual Checks 26778 — 26801 totaling $1,290.00
2) Claims Checks 26802 — 26858 totaling $98,647.39
C. Payroll, Preliminary December 2005
d. Park Use Requests:
YCP, 8/19/06, Keystone Masonry Picnic, 9 -Dusk, 100 attending
05-115 MOTION BY DON MILLER APPROVING CONSENT AGENDA ITEMS
AS PRESENTED. CARRIED.
7. Public Hearing(s)
a. Closed Record Public Hearing: Yelm Commerce Group's (Valentine Fryst,
Bill Nicholls and James Zukowski) Appeal of Hearing Examiner's
Approval of Wal -Mart Supercenter Site Plan Review. Mayor Rivas opened
the hearing at 7:33 p.m. adding that Council is acting in a quasi judicial role to
determine if the Hearing Examiner's decision approving the Wal -Mart site plan
was legally correct and supported by substantial evidence.
Mayor Rivas announced that speakers are limited to ten minutes each and
include Mr. Ryan Vancil representing the Yelm Commerce Group, Mr. Jack
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McCullough, representing Wal -Mart, and Grant Beck, Yelm Community
Development Director. It was noted that no appearance of fairness challenges
had been submitted.
When asked by Mayor Rivas, Council indicated no ex -parte communications.
Mayor Rivas made a final call for appearance of fairness challenges. Being
none, he called on Mr. Vancil for his summary of the Yelm Commerce Group's
appeal.
Mr. Vancil's summary supported the view that the Hearing Examiner's findings
are faulty due to the listed concerns. 1) Use of the wrong concurrency
standard for State Routes; the City of Yelm's instead of Thurston Regional
Planning Council's. Mr. Vancil indicated that state law is explicit in that level of
service (LOS) standards for state roads are set by the applicable Regional
Transportation Planning Organization (RTPO), (Thurston Regional Planning
Council, TRPC in Thurston County), and that the City's concurrency standards
are not applicable to State roads inside Yelm. 2) Concurrency failure using
City of Yelm LOS standards due to lack of secured full funding for planned
mitigation to address LOS of F and cited "create traffic diversions, bypasses,
alternate routes and modes of transportation are authorized and being
planned, funded and implemented." 3) Mr. Vancil urged Council to undo the
Environmental Determination for the Wal -Mart project.
Mayor Rivas called for questions from council. Being none, Mayor Rivas
introduced Mr. McCullough, representing Wal -Mart.
Mr. McCullough's summary supported the Hearing Examiner's due to the
listed findings. 1) In 1998 the State Legislature amended the Growth
Management Act to require local Comprehensive Plans to reflect LOS
standards for state highways. He indicated that LOS standards established by
RTPO's are solely for the purpose of monitoring, planning and inter -
jurisdictional coordination. They are not intended to gauge whether proposed
development should be approved, or to `trump' local LOS standards. 2) The
City's Comprehensive Plan Transportation Element LOS standards includes a
LOS of F for the urban core where mitigation is being addressed. He also
cited: to create traffic diversions, bypasses, alternate routes and modes of
transportation are authorized and being planned, funded and implemented,
and emphasized that this does not require full project funding, and that in
addition to existing partial funding and implementation for the alternate route,
other roadway improvements, such as the 103rd St extension are being
implemented. 3) As the appellants declined to appeal the Environmental
Determination, Council does not have the authority to undo it.
Mayor Rivas called for questions from council and Mr. McCullough responded
to Councilmember Miller's question concerning state /city LOS grading. Being
no additional questions Mayor Rivas called on Grant Beck for the Community
Development Department staff report.
Mr. Beck reviewed the state (2 peak hours) vs. city (peak 15 minutes in peak
hour) methodology, noting that the state's results provide a more favorable
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picture. He clarified that LOS currency is examined as part of the SEPA
process, and that Perry Shea's testimony demonstrated what the City is
required to look at under SEPA concurrency and that the City actually
exceeds requirements, and that the correct standards ( Yelm's) were used to
meet concurrency.
Being no additional Council questions, Mayor Rivas closed the appeal hearing
at 7:59 p.m., and corrected the opening time from 7:38 to 7:33.
a. 1) Resolution No. 460— Upholding the Hearing Examiner's Issuance of a Site
Plan Review Approval for the Construction of a Wal -Mart Supercenter (SPR-
05- 0091 -YL). - Councilmember Isom indicated that he was confident, after
listening to all records, that the Hearings Examiner did correctly interpret the
Transportation Plan and Level of Service standards, and that he is satisfied
that the Hearings Examiner and City apply consistent and fair methodology for
calculating LOS for concurrency; and that it truly is the City's call as to what
concurrency standards to imposed for the development process. He added
that he can't believe the GMA intended growth within a city's boundaries to be
dependent upon something the city has absolutely no control over, such as
state spending on state highways, which would deny control over local
development along SR 510 and 507 within the city limits. Councilmember
Isom added that the Hearing Examiner's decision was also supported by two
experts at three different times.
05 -116 MOTION BY BOB ISOM BASED UPON THE STAFF REPORT,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE
HEARINGS EXAMINERS DECISION, AS WELL AS ALL THE
TESTIMONY AND EXHIBITS, THAT RESOLUTION 460,
UPHOLDING THE HEARING EXAMINER'S APPROVAL OF THE
SITE PLAN REVIEW FOR THE CONSTRUCTION OF A WAL -MART
SUPERCENTER (SPR -05- 0091 -YL AND APL -05- 0203 -YL) BE
APPROVED. CARRIED.
8. New Business
a. Stevens Street NW Consultant Selection. Stephanie Ray reported that the
City has successfully secured a $568,000 transportation grant for the Stevens
St. connector and improvements from 1 st St. to Edwards St. This roadway is a
high priority for Yelm and is part of the Y -4 connector identified in Yelm's
Transportation Plan and the Six -Year Transportation Improvement Plan. The
balance of the $965,000 project will be funded by the City. Gray & Osborne,
Inc. of Seattle is the preferred engineering firm to complete design work due to
prior work on the recently completed Stevens St. improvements from West
Rd. to 1St St. An additional scope of work for right -of -way acquisition will come
before Council for approval at a later date.
05-117 MOTION BY JOE BAKER AUTHORIZING MAYOR RIVAS TO SIGN
THE TRANSPORTATIONIMPROVEMENT BOARD CONSULTANT
AGREEMENT BETWEEN THE CITY OF YELM AND GRAY &
OSBORNE, INC. IN THE AMOUNT OF $68,564.00. CARRIED.
b. Ordinance No. 843, 2005 Budget Amendment. Staff reported that this is the
final budget housekeeping item to ensure that Current Fund departments are
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balanced at the end of the year. The change approved in the ordinance does not
add new funds; it moves unspent funds from one department to another.
05 -118 MOTION BY DON MILLER ADOPTING ORDINANCE NO 843, 2005
BUDGET AMENDMENTS. CARRIED.
9. Old Business
a. Economic Development Contract for Services for 2006. Staff reported that
the contract fee of $3,000 is the same as in 2005. Michael Cade, EDC Director,
indicated that while services have increased for the 2006 contract without a
cost increase, there will be a contract cost increase for 2007. A complete listing
of services was provided in the contract.
05-119 MOTION BY DON MILLER AUTHORIZING MAYOR RIVAS TO SIGN
THE 2006 CONTRACT FOR SERVICES WITH THE ECONOMIC
DEVELOPMENT COUNCIL OF THURSTON COUNTY. CARRIED.
10. Mayor and Council Reports and Initiatives and Board /Commission
Business
Councilmember Miller attended a passenger traffic group meeting.
11. Executive Session. At 8:22 pm, Mayor Rivas announced that Council
would be going into Executive Session to discuss litigation. Mayor Rivas
reopened the regular meeting at 8:58 pm.
12. Correspondence reviewed included an invitation to participate in the January
3, 2006 Swearing In Ceremony for Thurston Co. Elected Officials.
13. Adjourn: 9:00 p.m.
n Har in , Mayor
Attest:
�...-
Agn nnick, City Clerk
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