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02/25/1998 Minutes CITY OF YELM CITY COUNCIL MINUTES FEBRUARY 25, 1998 1. Mayor Wolf opened the meeting at 7: 30 pm. All present joined in the flag salute. 2. 98-25 3. 98-26 4. 98-27 5. 98-28 6. Present: Don Miller, Martha Parsons, Velma Curry, Glen Cunningham, and Adam Rivas. Guests: Myranda Yun, Nisqually Valley News; George Horn, Canyon Ranch Facility; Roger & Bev McKnown, Mike & Bev Malan, Jim Arthur, and Molly Fairchild. Staff: Shelly Badger, Ken Garmann, Glenn Dunnam, Stephanie Connors, Drew Felmley, and Agnes Bennick. a. Ken Garmann introduced new public works staff members Stephanie Connors and Drew Felmley. Council welcomed the new employees. Agenda Approval MOTION BY ADAM RIVAS, SECONDED BY MARTHA PARSONS APPROVING THE AGENDA AS PRESENTED. CARRIED. Minutes Approval. MOTION BY DON MILLER, SECONDED BY GLEN CUNNINGHAM APPROVING THE MINUTES OF FEBRUARY 11, 1998 AS PRESENTED. CARRIED. Voucher Approval. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING PAYMENT OF VOUCHERS 7780-7830, TOTALING $59,810.03. CARRIED. Preliminary February '98 Payroll Approval. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING THE FEBRUARY 1998 PRELIMINARY PAYROLL. CARRIED. Public Comments/Questions. Roger McKnown of Grove Road spoke of his family's history in the Yelm area and his purchase of 6.5 acres in 1982. In 1985 the McKnowns were helped by many people, including city employees and officials, when the McKnowns experienced difficulties getting water. The property was eventually annexed to the City under zoning laws that would permit short platting of his 6.5 acres. Recent changes require ten acres to subdivide. He feels he is now faced with property that he can't sell because it can't be subdivided. The public hearings, public meetings, and work sessions that led to the changes in Ordinance 555, (Development Guidelines/Zoning Code Amendments, 7/97) were advertised. However, he felt that the average person would not know the extent of the zoning changes to occur from reading the notice. Bev McKnown added that during the annexation process the pl~nner was made aware of what the McKnowns' short and long term plans were for the property. She also felt that the wording in the public hearing notices is so ambiguous ttlat you can't tell what Yelm City Council cc.98\2-25mn.doc Page 1 -'. is going on, and believes that the City should have sent correspondence to all individual property owners telling them what was planned for their property. At this time the McKnowns' options are to Work with the City, which is their preference, secede from the City, take legal action, or have a going out of business sale. Mrs. McKnown requested that City Council consider what is going on in their lives, and thanked Council for their attention. Mayor Wolf explained that Council does not usually have comments during this part of the meeting but requested that staff advised Council as to how this situation came about.. Cathie Carlson responded that she had spoken with the McKnowns and that she is still researching the original annexation. She explained that since the original annexation, the City has prepared new comprehensive and land use plans which changed the property zoning to C-3. C-3 is a large lot commercial zone which requires a minimum of ten acres to create new lots. The McKnown' s full acreage can still be used as a commercial development, but can't be made into s.maller lots that can be split off and sold. Cathieindicate.d that from the McKnowns' comments it sounds like they went through some kind of preliminary short platting process with the City. Mr. McKnown responded "yes". Cathie will check the files to see if they had received an approval. If one exists and it falls within the five year time frame, then the approval would still be valid. Mayor Wolf thanked the McKnowns for their comments and requested that she be informed of the findings. Mike Malan expressed his view that when something is being changed the people involved be notified directly in addition to the public notice publication. Shelly Badger added that during the comprehensive plan process individual mailings to all the parcel owners within the City and Urban Growth Boundaries was not done. The City did provide the newspaper with information describing what was being done. That information was pubished, along with a map, and the required public notices. The City's practice has been to send individual mailing's to property owners for specific land use proposals. Mayor Wolf requested that A WC be contacted to determine how the extent of other cities notifications and how they approach this issue. Roger McKnown added that if specific areas were identified in the public hearing n~tice, the public would better understand what is going on. Mayor Wolf again thanked the speakers and indicated that the issues would be taken uq.der advisement and that it was riot the City's intent to make life difficult for those residing in Yelm. 7. CUP-978206-YL - Canyon Ranch Assisted Living Facility. Cathie Carlson explained that this is an action item, and that a public hearing was held by the Planning Commission on February 17, 1998. Following the public hearing, the Yelm Planning Yelm City Council cc.98\2-25mn.doc Page 2 Commission in a seven to one vote t~commended approval of the Special Use Permit subject to 14 conditions. Carlson read into the record the 14 conditions, contained in her February r9~ 1998 staff report. . 98-29 The applicant is requesting approval to develop a ten acre site bordered by Burnett Rd. on the west and Mt. View Rd. on the east as a two-story, 118 unit residential care facility with 1,600 square foot daycare center and medical offices to serve residents. The main access would be off of Burnett Rd. Approximately five acres of th~ property will be used for structures with the remaining property developed as a horticultural area with pathways. MOTION BY ADAM RIVAS, SECONDED BY GLEN CUNNINGHAM APPROVING CUP-978206- YL THE CANYON RANCH ASSISTED LIVING FACILITY. CARRIED. George Horn, the applicant spoke explaining the research and study he had done on west coast retirement centers. He explained that he wants to provide a sense of vitality, hope and purpose to the residents. He wants this center to incorporate the best features of the others plus some additions. Plans are to serve organic foods grown by the residents in raised beds on the site. Also planned are a scent or fragrance garden, waterfall, pond, meditation areas, walking paths and a gazebo. The facility will also house a child care center to provide interaction with children, and a mentor/internship program with Yelm High School students. Other features are a clinic to serve residents, an indoor exercise area, and classes. 8. New Business: a. Resolution 370 - Personnel Policy Amendment adding the court administrator and police commander as exempt positions. 98-30 MOTION BY MARTHA PARSONS, SECONDED BY DON MILLER APPROVING RESOLUTION 370 ADDING EXEMPT POSITIONS TO THE YELM PERSONNEL POLICIES. CARRIED. b. Ordinance No. 619 "DRAFT" '94 Uniform Building Code Adoption. Drew Felml~y explained that approving the ordinance would provide support through the International Council of Building Officials. The ICBO no longer assist with the '91 codes and a more recent code must be adopted to call upon them for determinations. The '97 code is expected to be adopted by the state later this year~ The change will also help cover costs incurred by the City when plans are sent to ICBO for engineering reVIews. 98-31 ,N1;OTION BY VELMA CURRY, SECONDED BY GLEN CUNNINGHAM ADOPTING ORDINANCE NO. 619 ADOPTING THE 1994 UNIFORM BUILDING CODE. CARRIED. 9. Old Business: None. 10. Reports: a. Council Liaison Reports 1. City Hall - Councilmember Curry reported on progress of the animallicensing by mail program, utility drop box, computer upgrades and announced the Spring Clean Up date of April 18. 2. Court - Councilmember Curry announced that a written report for February was included in the handouts. Mayor Wolf commended recent efforts by the judge to Yelm City Council cc.98\2-25mn.doc Page 3 handle a situation in the court. 3. Public Works - Councilmember Miller pointed out the written report for February which included updates on Edwards St., Five Comers, a TIB grant application, nitrate testing, and Yelm Creek. Ken Garmann requested approval to surplus a drive pump motor, air compressor and miscellaneous items with the proceeds to be applied to the purchase of a new compressor or applied as a credit of the department budgets. Items will be advertised in the A WC Classifieds. 10-32 MOTION BY DON MILLER, SECONDED BY ADAM RIV AS APPROVING THE SALE OF EQUIPMENT AS SURPLUS. CARRIED. 4. Park/Park Use Requests - Councilmember Parsons reported on a meeting where plans for the Yelm Irrigation System kiosk were discussed. A portable soccer field is set up in the park at this time. 5. Police - Councilmember Cunningham reported that a mini grant to purchase a replacement radar gun was received; application made for a $9,999 grant for an adult training program to teach parents what drug use signs to look for in their children; and. a grant application for defense tactics focusing on minimizing the use of force. A written report for February was provided. . ' \ Approval was requested to surplus a 1991 Chevrolet with the proceeds to be used for electronic equipment for the new 1998 patrol car. 98-33 . MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING THE SALE OF A 1991 CHEVROLET AS SURPLUS WITH THE PROCEEDS TO BE USED FOR EQUIPMENT FOR THE 1998 PATROL CAR. CARRIED. 6. Planning - Councilmember Cunningham explained that he had to leave the YPC meeting because of the Canyon Ranch CUP public hearing. . 7. Water Reuse - Councilmember Rivas announced the Ground Bre~king Ceremony on Monday, March 2, at 2:00 pm. b. Mayor's Report - Mayor Wolf reported on attending or participating in: a League of Women Voters panel on the Cost of Growth, Transportation Issues discussion, Law & Justice Committee, Update on the Eatonville Sewer Upgrade, Economic Development Council, and Assistant Planner Interviews. Correspondence received included: a letter from DCTED indicating the library project was not selected for grant funding, an invitation to the DARE Graduation on March 30 and 31 at 6:30 at Mill Pond, and a letter of resignation from Jane Poole - Yelm Tree Board. Mayor Wolf reported that the Yelm for Clean Air Coalition would like to have. an epidemiologist conduct a study in Yelm. The group asked what role the City can or will play in accomplishing this goal? Mayor Wolf requested Council's feelings. Questions raised: Is there any documentation indicating an epidemic of respiratory or other diseases in our area? A comment was made that a recent news article indicated a Yelm City Council cc.98\2-25mn.doc Page 4 west coast problem with respiratory infections due to El Nino. Isn't this a Dept. of Health issue and in their area of expertise? Haven't other communities where styrene is being used done research and studies? How would air standards in the different areas compare and effect the outcome of the studies? If so, would studies from other parts of the country even be applicable to Y elm? Councilmembers are open to additional information. \ Mayor Wolf indicated that the state Department of Health determines levels, mid that their last study was done in 1994. She will try to get answers for some of the . questions. Council consensus was that City funding is not available for this study and that our expert advice should come from the state. c. Council - Councilmember Curry attended the Senior Center Board meeting. Councilmember Rivas attended the Clean Air meeting. Councilmember Miller attended the Yelm Community Education Advisory Council meeting. d. Financial Report - Agnes Bennick reported that packets contained reports on taxes levied for collection in 1998 showing the City to have the second lowest tax rate in Thurston County, and a report on January revenues and expendItures. e. Executive Session - At 8:43 Mayor Wolf announced that Council would go to executive session for approximately 20 minutes to discuss and consider a real estate lease. Mayor Wolf reopened the regular meeting at 9: 19 pm. 11. Correspondence was reviewed. 12. Adjourn: 9:20 pm. ~~Jrr !J4 Kat n M. Wolf, Mayor Authenticated: /UI !J-b~ . Bennick, City Clerk Yelm City Council cc.98\2-25mn.doc Page 5