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04-13-05 MINUTES YELM CITY COUNCIL MEETING MINUTES REGULAR MEETING WEDNESDAY, APRIL 13, 2005 Call to Order 1. . Mayor Rivas called the meeting to order at 7:30 p.m. Roll Call 2. . Present: Don Miller, Joe Baker, Bob Isom, Ron Harding and Pat Fetterly 3. Agenda Approval 05-29 MOTION BY PAT FETTERLY, SECONDED BY RON HARDING APPROVING THE AGENDA AS PRESENTED. CARRIED. Special Presentations 4. – None Scheduled 5. Public Comment Ed Wiltsie, Reichel Rd., Rainier , expressed his belief concerning Y-2/Y-3 Loop planning inconsistencies. As project funding is being sought from state, county and local sources he couldn’t support use of his tax dollars for this purpose if commercial development was allowed along the loop. His interpretation of the Comprehensive Plan is that no commercial development is allowed along the loop and that commercial development is therefore inconsistent and will additionally diminish the effectiveness of the loop project. City representatives and staff agreed that city plans do limit commercial development along the loop to avoid migration of the business core from Yelm Avenue. However, the property he is questioning, at the Yelm Ave./loop intersection was zoned C-2 (big box commercial) in the early 90s as part of GMA planning requirements, and was intended for commercial uses. Discussion items: defining best available science; comparisons of the 1992 Yelm Manual vs. information in the 2001 (state) version of the Drainage Manual being considered for adoption by Thurston Co., Lacey, Tumwater and Yelm; incorporation of extreme wet season data into the new manual; city mitigation requirements; the loop’s regional, rather than local responsibilities; Mr. Wiltsie’s belief that a big box store is out of balance with the community, and the city’s expectation that city and surrounding area population growth over the next ten years will rebalance; and a WSDOT (sponsored) traffic model update performed by Parametrix using a 30 year horizon that found that traffic movement will be at acceptable levels. Yelm City Council Minutes Page 1 of 4 ab/city council/2005/04-13-05 Bill Hashim, El Camino, Yelm , announced that he took Yelm to the Growth Management Hearings Board because the Critical Areas update due in December of 2004 hadn’t been completed. He opined that city updating of plans wasn’t done often enough, and requested that council enact a moratorium on all building permits until the Critical Areas update has been completed. Mr. Hashim stated that he had hoped that his filing with the Growth Management Hearing Board would produce a moratorium from that body that could be predated to include the Wal-Mart application. When questioned he responded that he had been informed that the hearings board does not have the authority to force a moratorium on a jurisdiction. Mr. Hashim indicated that he is quite successful in writing EPA grants and offered to write a grant for technical assistance in use of a ‘smart growth’ approach. He added that he believes Yelm isn’t growing smart or using any low impact techniques and indicated that his witnessing of the Yelm City Council and community members is that they lack education about techniques that can help the community grow in a sustainable way. Discussion topics: that many cities have not met the critical areas update 12/04 deadline; that enough cities have missed the deadline that the legislature is considering an extension; and that in reality very few cities in Washington use ‘smart growth’ guidelines. Councilmember Isom, who also writes state grants, expressed an interest in viewing the Mr. Hashim’s grant information, even though most grants of this type have many requirements that small cities can’t meet. He will report back to council at the next meeting. 05-30 MOTION BY BOB ISOM, SECONDED BY JOE BAKER THAT NO MORATORIAMS BE IMPOSED AND THAT THE ISSUE NOT BE BROUGHT BEFORE COUNCIL AGAIN. CARRIED. 6. Consent Agenda a. Council Minutes: 1) March 21, 2005 Special Meeting 2) March 23, 2005 Regular Meeting b. Payables: Checks 24790-24929 totaling $386,465.90 1) Manual Checks 24790-24819 totaling $6,993.03 2) Claims Checks 24820-24929 totaling $379,463.87 c. Payroll Approval: Final March 05, Ck 9097-9203 totaling $203,522.79 d. Park Use Requests CMP, 5/5/05, YHPC/Reuse Sign Dedication, 1-6, 35+/- e. Financial Report: March End of Month and End of Quarter 05-31 MOTION BY PAT FETTERLY, SECONDED BY RON HARDING APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. Yelm City Council Minutes Page 2 of 4 ab/city council/2005/04-13-05 Public Hearing(s 7. )– None Scheduled New Business 8. – None Scheduled 9. Old Business a. Annexation Petition Revision Request, Denny Balascio, Grove Rd/Sunnyland Estates (Ref. 12/8/04, Motion 04-107) Mayor Rivas called for the staff report. Grant Beck provided an overview of considerations leading to Council’s approval of the petition at the December 8, 2004 City Council meeting. The final action allowed Mr. Balascio to circulate an annexation petition for an area modified to exclude the ten acre (Tyler) parcel, and adding Sunnyland Estates, a developed property already th on city water and located between 100 Way SE and the Suburban Realty parcel. Boundary changes recommended by staff at that time were intended to create a logical and clean City boundary. As the annexation petition drew little positive interest, Mr. Balascio is requesting approval to circulate a new petition limited to the Suburban Realty ten acre parcel. While this creates a ‘peninsula’ of city surrounded on three sides by county land, Mr. Balascio felt there was precedent for this with Longmire Community Park, which is an island of city property surrounded by Thurston County. The reduced annexation area is within the sewer system LID and 32 ERU connections were pre-purchased. The current staff recommendation is to annex only 5 of the 10 Suburban Realty acres to accommodate most of the pre-purchased sewer ERUs. Mr. Balascio explained that annexing half of the ten acre parcel would not allow him to use his total 32 ERUs, due to an approximate 10% loss during development to streets, drainage, etc. Staff responded that the half recommendation was a compromise allowing use of most, but not all of the 32 ERUs, as water rights don’t accompany the property. There is a possibility that Mr. Balascio can find additional ERUs to purchase from a private party to allow full development of the ten acres. 05 -32 MOTION BY BOB ISOM, SECONDED BY RON HARDING APPROVING THE (BALASCIO) REQEST TO CIRCULATE A PETITION TO ANNEX THE TEN ACRE SUBURBAN REALTY PROPERTY. CARRIED. 10. Mayor and Council Reports and Initiatives and Board/Commission Business a. Council Reports Councilmember Baker attended an IT meeting where discussion concerned financial matters, a SWAC meeting, and the Chamber After Hours program. He requested that recycling information be included on the city web site. Yelm City Council Minutes Page 3 of 4 ab/city council/2005/04-13-05 Councilmember Fetterly attended Senator Rasmussen’s Town Meeting and distributed information concerning high bacteria levels in some parts of the Nisqually Watershed. b. Mayor’s Report Mayor Rivas read a Proclamation in Support of Fort Lewis and McChord AFB. Executive Session 11. – None scheduled Correspondence 12. reviewed included the AWC Annual Conference. It was noted that correspondence was received from Mr. Hashim. Adjourn 13. : 8:10 p.m. _______________________________________ Adam Rivas, Mayor Attest: _______________________________________ Agnes Bennick, City Clerk Yelm City Council Minutes Page 4 of 4 ab/city council/2005/04-13-05