07/28/1999 Minutes
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CITY OF YELM
CITY COUNCIL MINUTES
JULY 28, -1999,7:30 P.M.
YELM CITY HALL'COUNCIL CHAMBERS
Mayor Wolf called the meeting to order at 7:30p.m. All present joined in the flag salute.
Council present: Don Miller, Martha Parsons, Velma Curry, Glen Cu~ingham and Adam
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Guests: Bev and Mike Malan; John Woodring, Manufactured Home Association; Erling
Birkland, Prairie Electric Co.; and Michael Brown, Yelm Telephone Company. '
Staff: Shelly Badger, Ken Garmann, Brian As~us and Agnes Bennick
Agenda Approval.
MOTION BY VELMA CURRY, SECONDED BY MARTHA PARSONS APPROVING THE
AGENDA AS PRINTED. CARRIED.
M~lUtes Approval., '
MOTION BY VELMA CURRY, SECONDED BY MARTHA P ARSONS AP~ROVING THE
JULY 14, 1999 MINUTES AS CORRECTED BY REMOVING THE FIRST SENTENANCE
, OF PARAGRAPH TWO, PAGE TWq AND CHANGING ORDINANCE 655 TO 665.
CARRIED. ' '
Voucher Approval. ,
MOTION BY MARTHA P ARSONS, SECONDED BY ADAM RIVAS APPROVING.
PAYMENT OF CHECKS 11104-11145, TOTALING $114,956:93. CARRIEr?
Payroll Approval.
'MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING, THE
PRELIMINARY JULY 1999 PAYROLL. CARRlED~'
Public Comment/Questions.
Mike Malan spoke about the City's ordinance having to do with landlords and water. He
, expiained that if a tenant in one of their units 'doesil't pay their bill, or if a renter moves out and
leaves an unpaid utility bill, the landlord is responsible for the unpaid bill. He spoke of a case '
in which'he came to the City because he was having a prob~em with a tenant who wasn't
paying rent and had their power turned off. When ~koo to turn off the water, the City's .
response was that they-couldn't. Malan was told that the City attorney said we couldil't tunl
the water off (for non-payment of other bills), yet when the people move out it's our
(landlord's) responsibility. He thinks there issomething lacking in way this rule/law,is
written.
, In another case tenants moved into one of their (Malans) mobile homes, they did not have the
right to be there and they had to be evicted. Malans (landlord) were still responsible for the
water bill.., He believes that the situation needs to, be analyzed and that the landlords should be
involved. He suggested a deposit for the renters and/or some way to have better control so that
if a tenant is behind in their rent and their power has been discOlmected the landlord can have
.the City shut of I their water.
Malan gave an example of LeMay mitiating a policy r~uiring tliat they physically see the
lease agreement before starting service. Malan felt this type of arrangement might help. He.
felt that If the landlords are responsible in the end, they should be involved. '
. , Mayor W 011' thanked Me Malan for his comments. She added that bills introduced to change
the landlord responsibility had failed in the past two legislative sessions~ (Uld that policies' are
pretty uniform. Staff addedthat in the case of homeowners, unpaid ~ills become alien against
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the property. h1 the case of a renter, the City is pernutted to put responsibility for an uilpaid
bill back to the owner of that property, 'father than placing the burden on the rest of the, utility
users: Bennick added that if the property owner maintains the utility account 'in, their own
name the (:ity could respond to a request to tun1,it oft: but not when the account has been
established is in someone else's name. Another option is for th~ landlord to maintain the
aCcount in his/her own name and add estimated monthly utility costs into the rent charged.
John Woodring, Attorney representing the Manufactured Housing Communities of .
WasIllngton, indicated that he has been working in this area for a number of years.
Woodring's accOlUlt was that In 1997 the legislature passed a bill qualitying a lien authority,
for PUDs and utilities on property for unpaid utility bills. His understanding is that what's
happening in Yehri is that landlords are responsible for the unpaid utility bills of tenants. He is
unaware of any. statute that requires cities to do this or any statute that prolubits it. From the
landlord's viewpoint if the utility is in the tenant's name, then the tenant should be responsible.
You would still have the lien authority to use at some point. Landlords feel that the utility
should pursue the tenant for payment, and if that doesn't work out eventually the lien authority
can be used.
According to Woodring, a provision of the statute requires that if the landlorcl goes to the City
and requests notitlcation of delinquent payments, and the City doesn't follow through, the lien
authority is lost.,
, : Mayor Wolf request~d a report from staff at the August 25 'meeting.
7. Public Hearing - Tel~ommunications Ordinance. Mayor Wolf opened the public h~1ring at
7:44p.m. and announced the time, date, place and purpose of the hearing. No o~joctions to
participants or'conflicts were stated. Mayor Wolf called for the staff report.
Shelly Badger provided an overview of the written staff report (Dated July 22, 1999), detailing
the purpose of a six-month moratorium on applications that expires on August 24. Local and
'out of state ordinances were reviewed to formulate the two draft ordinances presented tonight.
, .A Yelm Planning Commission (YPC) and City Council work session was held on July 6, and a
YPC public hearing held on July 19. '
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The ,Wireless Communications Facilities (WCF) Ordinancepriinarily addresses cellular
~phone towers and antennas. Meeting discussion items inclu.ded:
1) Priority locations, such as publiG property, industrial, large lot and hmvy commercial,
zones benefit from: a lower fee and streamlined application process, a I50'maximum free-
standing height, a 28' maxinlUm attached antelma height, setback requirement ofIIOIYo of
tower height (including antennas), and the possibility of a setback redqction.
2) Secondary locations such as commercial, central business district and all residential zones
require: a Special Use pehllit process, a 60' maximum free-standing height, a 10'
maximum, attached antemla height, and a setback requirement 0 f 110% of tower height
(including antemlas).
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'No Wireless Co~unications Facilities Ordinance revisions were proposed by the YPC.
The Telecommunications Ordinance establishes standards and fees for granting and renewal
of telecommunications ,licensing and franchises and regulates the use of public rights of way.
Badger explained diat she and Ken Gannmill, public works director, met with Michael Brown, ,
Yelm Telephone Co. engineering supervisor, to address some concerns. Yelm Telephone
Company requestoo consideration of an increased franchise tenn from the proposed 10 years to,
15-20 years to coincide with the 20-year equipment depreciation schedule. The YPC did not
recommend a changelo the ordinance, but requested Council consideration. .
Changes to the draft ordinance included:
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. A classification schedules with Class "A" being minor and "B" and "C' more extensive
right-of~way work. ,
. A,security fund ,of up to $50,000 that may be waived at the discretion of Council for an
, existing francmsee in good st~ll1ding. There is also a bonding requirement. '
e A $350 registration fee for any carrier not required to hold a franchise or license. (A
license is required if a line is placed tlrrough Yelm that serves people outside ofYelm; ,a
franchise is obtained when people within Yelm will be' served. _ '
. A $1,500 application fee tor new/renewal licenses/franchises.
. The authority to impose a franchise fee of up 5%~ Staffrecommellded that tIns, be
deleted, but that the right to charge an annual franchise/cable/perrnit/lease feces) be
retained.
, The YPC recommended 'approval oftheordinanceswith the exception of the franchise fee and
franchise term. "
Mayor Wolf called tor public comment
Michael Brown, Yelm Telephone Company (YTC) expressed his,appreciati()n for working
with YTC on the ordinance. Concerns raised included the franchise term. The current YTC
. franchise is for 30 years and the WUTC requires specific 20 yeardepnx:;iation schedules, so
they would like the franchise tenn to be at least 20 years. The only other COllcem was in
wording tor the change in control/transfer of control of the company ,and the franchise.
Mayor Wolf called for Council questions. ,
, Councilmeniber Cunningham questioned the 20-year depreciation schedule' and why the length
of trancmse made a difference in depreciating the equipment. Brown indicated that the
concern stemmed from having shorter-temrfranchisethan the required 20-year depreeiiltioll
and problems that might be created if the franchise wasn't renewed after the ten-ye~lr period.
Additional questioning by Cunningham established that if tlIe franchise wasn't renewed afler
ten year~, they (YTC) might not be able to recoup their'investment. Brown added that ,in the
case ofYTC, the WUTC requires them to deliver services to tlus' area. Questions 'by
Councilmember Miller led to discussion on the roleand standards required by the WUTC of
primary and secondary utility providers. Councilmember Rivas pointed out that with changes
in techilOlogy and tlle move towards wireless, it miglitnot even be an issue, and that he'd be'
inclined to leave it at ten years. The only other issue concerning Brown was a change in
control. ,...,..
Being no additional questions Mayor Wo~fdosed the public hearing at 8:07 p.m.'
Mayor Wolf pointed out the possible options from page 5 of the staff report. Discussion
continued concerning the trend toward reduced franchise terms and a recent cable fhmchise '
granted to YTC. .
Badger suggested that i{ couricil was so inclined, staff could be directed to bring back the final
ordinance on August 11, possibly Brown could address comments to her and any suggested
, changes could be put in the staff report.
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MOTION BYVELMA CURRY, SECONDED BY MARTHA PARSONS DIRECTING
STAFF TO FINALIZE THE ORDINANCE AND BRING IT BACK TO COUNCIL AT THE
AUGUST 25,1999 MEETING.
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Mayor Wolfpointed out that the issue oftranchise tenillength still needed to be addressed and
a decisionwould provide some direction to staff. Considering the rapid changes seen today
Councihnember Rivas favored ten years. Council member Miller was concenled with ,
obligating future councils and policies in disagreement with the state and, felt that twenty years
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would be fine. Councilmember Parsons questioned the possibility of canceling a franchise cmd
discussion tUn~ed to renegotiation possibilities. , " "
99-119 MOTION BY ADAM RIVAS, SECONDED BY VELMA CURRY THAT THE LENGTH OF
THE FRANCHISE BE FOR TEN YEARS. CARRIED.
: Badger requested any directionconceming the franchise fee section. Councilmember Rivas
established that staff's reconunendation was to remove the fnulchise fee section. Badger
" indicatectthat~le ordincUlce provides other areas allowing negotiation of appropriate fees
without charging a 5%" franchise tee. ,. "
" 99-120 ." MOTION BY"ADAM RIVAS, SECONDED BY VELMA CURRY THAT THE SECTION
PROVIDING AUTHORITY TO IMPOSE A 5% FRANCHISE FEE BE REMOVED.
, CARRIED.
8. Public Hearin~:.- Proposed Zoning Code Amendment. Mayor Wolfopened the public hearing'
at 8:17 p.m. and announced the time, date, place and purpose of the hearing. No o~jeclions to
participants or ~ontlicts w~re stated. Mayor Wolf called for.the staff report
Cathie Carlson gave an overview of the staff report dated July 2"1, 1999. She reported that the
Yeim Planning Commission has been working on the amendments tor eight months and spellt
a good deal of time and thought on. what would be the most equitable position. . At the public
" hearing on July 19,. 1999, two people spoke concerning the buffeoog requirements for
Manut~1ctured Home Communities (MHC), a change from the fomler name of mobile home
parks.
A change under Pemlitted Uses addresses to secondary dwelling units that will pennirplaci~g
either a stick~build to 'manufactured home on the lot for use by family members. Other
requirements are also established. Additional chcUlges inClude provisions t1)[ the location of
~lini-storage unitsimdthe storage of recreational vehicles.
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A complete repeal and replacement of the .manufactured housing chapter was recommended.
Add~essed were restrictions for units outside MHC, McUlufactured Home Subdivisions (MHS)
requIrements and development standards. The Mam~ractured Housing Regulations. Design.
InnO~}~fiol1s and Development Options published by the Manufactured Housing InstitutecUld
Amehcan Planning Association was used for reference., Other tools used inCluded site visits, a"
,slide show and local cqmparisons.
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Changes to the MHC chapter include a significant reduction to interior road standards,
including an 8' reduction III roadway width; removal the street tree requirement; parking
option~ to allow flexibility; allowing the placement of homes of any width; and a general
reduction of standards trom.those required of stick-built homes and mcUlufactured homes
placed on lots outside of a MHC. The YPC felt that these changes were a good trade off for
the new landscape buffering requirement llltended to preserve adjacent prope11y values and to .
maintain neighborhood aesthetics. The YPC did maintain the requirement tIlat homes be no
more than 5 years old. Carlson aIso provided infonnation on buffering requirements of other
l(}cal communities. Staff suggested that it would be possible to reduce the butler to a
minir~1Um of 10' witha 6' solid fence ~d still accommodate the type of vegetation required.
,'Mayor Wolf called for public comment.
Mike MalcUl questioned the 20-toot buffering requirement around the perimeter of a MHC. He
feels the butler is a foml of discrinlination and is also concenled about the loss of useab1c land
"area, and the cost and responsibility tor maintaining the landscaping. He pointed out that the
laIldowners maintaiil control by virtue of their park rules and regulations, aI1l1 tllat the owners
are interested in protecting their investment.
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John Woodring, attorney tor the Manufactured Housing Communities of Washington. With,
the exception of the 20 foot buffering requirem"ent, he felt th(11 by and large the ordinance was
a good ordinance. Woodringadclressed the GMAs affordable housing requir~ments, and
. pointed out areas o~ the ordlllance where'he believed that MHC were being treated ditlerentIy
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than other types of housing. He pointed out that under the Mobile Home Landlord TencUlt Act
. you can't discriminate against a manufactured home based upon age. Woodring . suggested that
the City attorney look at this element.
Carlson clarified that perimeter setbacks had been reduced to 15', if Council reduces the
exterior buffer to 10', then the cumulative total would be 25', the same as the set-back for a
stick built home. Badger added that it is correct that in the proposed ordinance, the but1ering
requirements for ~1HC do differ (more restrictive MHC) from stick-built subdivision
requirements, but so do the interiors~andards, (less restrictive for MHC).
Brian Asmus expressed concern on the possible impact to values of properties in existing
neighborhoods from the placement of these communities. .
Mayor Wolf called for Council question,s.
Councilmember Rivas pointed out Yelm already has a lot of a1fordable housing. He was also
inclined to question not only the higher 20' buffer required, but also. why the interior standarCls
been reduced? Why are we proposing standards that are 'different just because it' s a
manufactured home? Discussion followed. .CouncihnemberMiller questioned the trade otl:
More Discussion. Councilmember Cunninghanl asked if going back to 10' with a fence would
put the standards at the same place as other neighborhoods? Carlson agreed that that would be
so for the overall total. .
Being no additional comment Mayor Wolf closed the public hearing at 9:23 p.m.
MOTION BY DON MILLER, SECONDED BY ADAM RIVAS DIRECTING STAFF TO
CHECK dN THE MOBILE HOME AGE QUESTION AND TO PREP ARE THE
ORDINANCE AS RECOMMENDED BY THE YELM PLANNING COMMISSION, WITH
THE EXCEPTION OF SUBSTITUTING A 10' BUFFER ALONG WITH A SIX FOOT
SOLID FENCE FOR MOBILE HOME SUBDIVISIONS. CARRIED. OPPOSED:
COUNCILMEMBER CUNNINGHAM. .
At Council's request Mayor Wolf called for a five-minute recess at 9:35 p.m.
9. Public Hearing - Six Year Transportation Plan. Mayor Wolf opened the public hearing at 9:25
p.m. and announced the time, date, place and purpose of the hearing. No objections to
participants or conflicts were stated. 'Mayor Wolf called for the staff report.
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Ken Gammilll reviewed the changes in theprogram trom last year's program. PositionJrmlking
.changes were for East Yelm A venue, WestY elm Avenue, Railroad Street, and Rhoton Road.
Projects have been broken into phases for funding purposes.
Being no comment, Mayor Wolf closed the public hearing at 9:38 p.m.
Resolution 386 - Six-Year Transportatioil Plan.
. MOTION BY MARTHA P ARSONS, SECONDED BY ADAM RIVAS APPROVING
RESOLUTION 386, THE SIX.:YEAR TRANSPORRTATION PLAN.CARRfED.
New Business:
Canal Estates Preliminary Plan - (SUB-99-8236-YL) Cathie Carlson reported that the Yelm
Planning Commission held a public hearing on the proposal and recommended approval with
the 33 conditions contained in the July 20, .1999 staff report. Councilmeinber Cunningham
questioned the projections for peak trips generated tor the project
MOTION BY ADAM RTV AS, SECONDED BY GLEN CUNNINGHAM APPROVING THE
CANAL ESTATES PROJECT AS RECOMMENDED BY THE YELM PLANNING
COMMISSION. CARRIED.
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Ordinance No. 677, Budget Amelldi)lent. Staff explained that this amendment increases the.
basic payment and creates a range ofpaynient for CertifiectCourt Interpreters. Theexisting
amount does not meet current fees. The ordinance also provides for payment of travel costs at
IRS establishffl r~tes.
1\1 01'1 ON BY VELMCA CURRY, SECONDED BY lVIARTHA PARSONS ADOPTING
ORDINANCE 667. CARRIED.
Water Resources Inventory Arm (WRIA). Shelly Badger gave an overview of the history of
tIle group and the Agreement for Watershed Planning.
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Following discussion statf rec}uested that Council review the agreement and bring any
comments to her by August 1.0.
Reports:
City COtll1cil Liaison Reports
City Hall- Councilniember Curry, a written report was provided.
Court - Councilmember Curry, a written report was provided.
Public.Works - Councilmember Miller, a written report was provided.
Park/Park Use Requests - Councilmember Parsons
a. lAC Grant, Canal Road Park - A copy of the letter to be sent to the Interagency
Cominittee for Outdoor Recreation rec}uesting financial assistance to complete the first
phase of park development.
MOTION BY MARTHA PARSONS, SECONDED BY ADAM RIVAS AUTHORIZING
MAYOR WOLF TO SIGN THE lAC GRANT LETTER. CARRIED.
b. Park Use Requests
MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING
TWO PARK USE REQUESTS. CARRIED.
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Police - Councilmember Cunningham, a written report was provided.
Mayor's Report - MayorWolfreportecl on attendinganEDC meeting, public works .
. interviews, staff meetings, Law & Justice and Y2K committee meetings and the parade.
Mayor Wolf read a letter from Diana Bhmg commending staff members for their cooperation
and excellent service. '
Council Report - Council member Curry reported on atiending a court session.
12. Correspondence reviewed included a letter from Olympic Pipe Line Co. Council reviewed the
map showing the location of the pipeline as it passes through Yelm. Councilmember
CUllilingham provided infonnation on their inspection process. Ken Gannann was asked to
follow-up on questions. .
13. Adjourn: 10:08 p.m.
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. Kat 11)'n M. oU: Mayor . .
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