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05/12/1999 Minutes CITY OF YELM . CITY COUNCIL MINUTES MAY 12, 1999, 7:30 P.M. YELM CITY HALL COUNCIL CHAMBERS 1. Mayor Wolf called the meeting to order at 7:30 pm. All present joined in the flag salute . Council present: Don Miller, Martha Parsons, Velma Curry, Glen Cunningham and Adam Rivas Guests: Al Johnston and David Palmer Staff: Shelly Badger~ Ken Garmann, Brian Asmus and Agnes Bennick 2. Agenda Approval. . 99- 79 MOTION BY ADAM RIVAS, SECONDED BY DON MILLER APPROVING THE AGENDA WITH THE ADDITION OF ORDINANCE NO. 664 AS NEW' BUSINESS (7c). CARRIED. 3. Minutes Approval. 99-80 MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING THE MINUTES OF APRIL 28, 1999 AS PRINTED. CARRIED. 4. Voucher Approval. 99-81 MOTION BY VELMA CURRY SECONDED MARTHA PARSONS, APPROVING PAYMENT OF CHECKS 10709-10776, TOTALING $448,531.81. CARRIED. 5. Payroll Approval. 99-82 MOTION BY MARTHA PARSONS, SECONDED BY ADAM RIVAS . APPROVING THE APRIL 1999 FINAL PAYROLL, CHECKS 2517~2591, TOTALING,$105,645.91. CARRIED. 6. Public Comment/Questions. None 7. New Business: a. Closed Record Appeal, Yelm Mini Storage. Cathie Carlson gave an 'overview of the staff report. The appeal concerns expansion of an existing mini storage facility on second street. The business was built in 1993 and is located in the C-l zone. A change to the zoning code no longer identifies mini storage facilities as a permitted use in the C-l zone. Although the existing business may continue to operate under a "grandfathering" situation, expansion is not permitted. The site plan review committee found that the current use does not meet the intent of the C-l zone which is intended to provide for the location of business centers to serve the needs of the community for convenience goods and services. In considering the expansion request, it was found that in this situation a variance is not applicable. Sandy Mackie suggested' checking for an expansion of non-conforming uses. In this research Carlson found four cases in other communities "that allowed minor expansion for non- conforming uses. Yehn City Council Minutes City councillcc.99/5-12-99 1 Questions raised by Councilmember Rivas established that C-l generally runs along the main streets, but that this location is removed from the main streets and adjacent to two churches, a mini mall and three houses, one of which is being used for a commercial application. Shelly Badger added that when the zoning code was updated, the location of mini storage units was looked at and it was determined that this was not a suitable use in the C-1 zone. Rivas also questioned counsel's recommendations for looking at this site specifically as an expansion of a non- conforming use and still remaining within the law. Carlson indicated that the language would need to be very clear on what criteria would be used granting approval. Rivas questioned final authority. Carlson responded that it could be done administratively by staff or as a special use permit with a Planning Commission level public hearing and recommendation, and the final decision made by City Council. David Palmer, Attorney for Mr. Johnston, pointed out that the list of permitted uses in the C-l zone had actually been expanded in the zoning code revision in 1995. And that although mini-storage was not listed in either version as an outright use, someone must have looked at the list and felt that mini storage fit under the similar use criteria forthe original siting approval. He felt that Mr. Johnston could make an argument that expansion is also a similar use. Palmer pointed out that in looking at the ordinance, he was not sure that he could make the determination that this use is not similar, but he could make a point that it is similar because it's similar to such a long list of permitted uses. He added that this particular site is not located on the main street and that every business is different and unique. He also noted the differences between this application and an industrial warehouse site. Palmer indicated that the applicant's first choice is that the expansion would be granted as a similar use. Mr. Johnston spoke explaining that he had purchased the property subject to condition of permit. Then he closed on the property, and built as much as he could afford at the time. He had no idea that he wouldn't be able to complete the project at some time in the future. Councilmember Cunningham asked if staff s concern was that if approved as a similar use, every lot in the C-l zone could potentially become a mini storage. Staff agreed. Cunningham didn't believe that most of the C-1 property holders are interested in developing in that manner and added that this particular site is not visible from the main roads. Councilmember Rivas questioned why if the project is 75% built out, the final completion would not be a similar use? Carlson responded that it is a similar use at that specific site, but that a similar use determination isn't made site by site, they have to be looked at district by district. A similar use ruling would allow everyone in the C- 1 district to build or expand a mini storage business. Badger reminded Council that part of the reason mini storage is not listed outright in the C-l zone is because during the zoning and comprehensive plan process, that use was specifically revisited and it was intentionally not included. That's when this became a non-conforming use. Staff is seeking a way to allow this expansion because of its unique circumstances (specifically, its location off ofYelm Ave.) without also allowing expansion elsewhere. Mayor Wolf requested that staff present their recommendation. Carlson responded that staff recommends that based on the 1993 similar use determination for mini Yelm City Council Minutes City council/cc.99/5-12-99 2 , . storage(s) in the C-l district, the appeal be granted. Council requested that staff revisit allowing mini storage units in the C-l District with the planning commission under a public hearing and come back to the City Council with a recommendation to either leave _it as it is or with some proposed changes. 99-83 MOTION BY DON MILLER, SECONDED BY ADAM RIVAS, APPROVING THE JOHNSTON APPLICATION FOR EXPANSION OF A MINI-STORAGE AS A SIMILAR USE AND INSTRUCTING STAFF TO REVISIT THE ORDINANCE. CARRIED. b. Comprehensive Plan Amendment ,Process. Cathie Carlson reported that the proposed changes would be to process policy/legislative amendments every other year (in odd numbered years) and process quasi-judicial amendments every year, which would lighten the workload in even number years. An additional change would be shifting the amendment schedule by 5 months so it is not competing with the budget process ' and end of year activity. c. Ordinance 664. Agnes Bennick explained that this ordinance would provide a cash flow cushion for the DARE fund to avoid a possible negative' fund balance., The , ordinance would create a residual equity transfer of $2,500 from the current fund to the DARE fund. The money would not be returned to the CUlTent fund and is not intended to increase the amount available for DARE expenditures. If the cushion is drawn down it would be restored by revenue. Council requested that the money be placed'in a separate line item. 99-84. MOTION BY VELMA CURRY, SECONDED BY GLEN CUNNINGHAM ADOPTING ORDINANCE NO. 664 AND AUTHORIZING A $2,500 TRANSFER FROM THE CURRENT TO THE DARE FUND WITH THE CASH FLOW AMOUNT TO BE ACCOUNTED FOR IN A SEP ARA TE LINE ITEM. CARRIED. 8. Old Business: a. Ordinance 663 Replacing Ord. 622 Police Advisory Committee. Mayor Wolf explained that the old ordinance was a copy of an ordinance from a larger city and was adopted as written. The ordinance was difficult to work with and went through a review ~nd revision process resulting in the new ordinance. Council requested one deletion (Item 4). ' , 99-85 MOTION BY VELMA CURRY, SECONDED BY ADAM RIVAS ADOPTING ORDINANCE 663 WITH THE RECOMMENDED DELETION AND REPLACING THE POLICE ADVISORY COMMITTEE ORDINANCE. CARRIED. 9. Reports: / a. Library - Kristen Blalack reported that Yelm had the largest number of entries in the recent Timberland readillg contest and that the Sunday average is 78 patrons. A written report was provided. \ b. Mayor - Mayor Wolf reported on the Health Assessment progre$s in finding a grant writer. Meetings/events attended included: Ft. Stevens Reading Day, Arbor Day, with staff, Mayors' Forum, Chamber Auction, EDC Committee, and Railroad Advisory Committee. ' . c. Council - Councilmember Parsons mentioned IT workshop dates and that the IT Authority had voted to do away with board member compensation. Councilmember Yelm City Council Minutes, City council/cc.99/S-12-99 3 99-86 10. 11. Cunningham attended a Medic 1 work session. d. Financial Report - A written report for April 1999 was provided. A format change was pointed out and there was some discussion concerning the 'DARE fund balance. e. Park/Park Use Requests. Shelly Badger reported that the yP AB is still working to obtain as many in-kind match pledges as possible prior to the grant being submitted in July. Six park use requests were reviewed. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING SIX PARK USE REQUESTS. CARRIED. ' f. Planning :...- Cou'ncilmember Cunningham provided follow-up documents showing the addition of a playground area, playground equipment and reduced walkway proposed for Nisqually Meadows. The developer will maintain the playground until a homeowners association is formed. g. Law Enforcement Mutual Aid Interlocal Agreement. Brian Asmus reported that this is a biannual agreement that'sbeen in place for several years. It was recently updated and revised in light of the Littleton, Colorado incident. Changes are shown in bold type. The agreement as changed identifies who is in charge in a critical incident. Asmus in4icated that it was an FYI item requiring only the signature of the police chief. h. IT Meeting Schedule 1. TRPC RECAP Correspondence was reviewed. Adjourn: 9:02 pm. ./~J0W4 Kat ryn M. olf, Mayor Attest: /:} , , , ~/JU1:P~~ Agn s P.' Bennick, City Clerk Yehn City Council Minutes City councillcc.99/5-12-99 4