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05/27/1998 Minutes CITY OF YELM CITY COUNCIL MINUTES , MAY 27, 1998 1. Mayor Wolf called the meeting to order at 7: 30 pm. All present joined in the flag salute. 2. 98-82 3. 98-83 4. 98-84 5. 98-85 6. Present: Don Miller, Martha Parsons, Velma Curry, Glen Cunningham and Adam Rivas. Guests: John Klapp, Lynn Jepson, Nancy Callihan, Erling Birkland, Jerry Fugich, Rick Peterson, Dr. Diana Yu, Sherri McDonald, Myranda Yun, Nisqually Valley News, and Patty Kinney. Staff: Shelly Badger, Cathie Carlson, Ken Garmann, Glenn Dunnam, Brian Asmus, and Agnes Bennick. Agenda Approval. MOTION BY VELMA CURRY, SECONDED BY MARTHA PARSONS APPROVING THE AGENDA AS PRESENTED. CARRIED. Minutes Approval. MOTION BY MARTHA PARSONS, SECONDED BY DON MILLER APPROVING THE MINUTES OF MAY 13, 1998, AS WRITTEN. CARRIED. Voucher Approval. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING PAYMENT OF CHECKS 8308-8349, TOTALLING $22,929.20. CARRIED. Payroll Approval. MOTION BY ADAM RIVAS, SECONDED BY MARTHA PARSONS APPROVING THE MAY 1998 PRELIMINARY PAYROLL. CARRIED. PUBLIC COMMENTS/QUESTIONS." Mayor Wolf reminded the audience that this time is for topics that haven't already been discussed, and items not scheduled on the current agenda. " ,1 John Klapp"- 210 NW Jefferson St. Mr. Klapp presented copies of Was~e Reduction Strategies fOll Fiberglass Fabricators to Council. Mr. Klapp then read a prepared Memo of PuBlic Record concerning styrene toxic air pollutants. (Full text is contained in Attachment A to these minutes.) Additionally, Mr. Klapp requested to be added to the formal agenda at the June 10 City Council meeting, and requested that Council's individual comments and collective formal position also be made available " for public record at that meeting. "'" Mayor Wolf thanked Mr. Klapp and said that she would see that Councilmembers received copies of his Memo of Public Record. Mayor Wolf commented that the City has always tried to act very responsibly in the matter of styrene emissions. Because we do not have the knowledge or expertise in this area ourselves, we have turned monitoring over to OAPCA. Everything is being done in line with EP A and Ecology regulations. "" Y elm City Council cc.98\5-27mndoc.doc Page 1 Mayor Wolf indicated that the City would get back to Mr. Klapp after Council has an opportunity to review his memo and determine where his concerns should be addressed. 7. Habitat for Humanity - Jerry Fugich invited Council to attend the groundbreaking for the fITst Yelm area Habitat built home, at 9 am, on June 9, at the comer of Briar and Orchard in Nisqually Pines. Mr. Fugich gave an overview of the Habitat program and provided brochures. The organization provides 20-25 year zero interest loans for purchase of Habitat built homes and maintains a better repayment record than the general population. The purchaser has not been selected, and applications are available from local churches or the UCBO for people in the Yelm, Roy, McKenna , area who are interested. The next Habitat meeting will be tomorrow at 7 pm at the Methodist Church. B. Community Health Assessment Proposal- Dr. Diana Yu,Thurston County Public Health Dept. 'Dr. Yu explained that the suggestion for a community health assessment came out of the OAPCA mediation process. A health assessment project could help determine if styrene related problems exist in the community, or if other kinds of community health problems were prevalent and of greater concern. The Thurston Co. Health Department has experience in this area and put together the first county health report in 1994, and again in 1997,. using data gathered in interviews. Based upon collected data, a community group identifies and prioritizes focus issues so that strategies can be implemented tomaintainJimprove overall community health. An estimate of assessment costs was place at between $15-20,000. A preliminary budget will be provided to Mayor Wolf. Sherri McDonald added that grant funding is available for this use. Most or all of the costs could be grant eligible depending upon the amount of grant writing the community wants to pursue. Councilmember Cunningham asked how a connection could be made betweeri an illness and cause without seeing a doctor? Dr. Yu responded an assessment's intent is not to diagnose, but to ask questions and identify associations from gathered data. Councilmember Parsons asked if consideration was given to possible health hazards within the home like cleaning materials and building products? Dr. Yu responded that those items would be questioned along with questions about exercise and diet, if there are smokers in the home, and use of wood burning stoves. Dr. Yu added that a lot more allergies, asthma and respiratory problems are evident nationwide, and that if Yelm ' s numbers mirrored those trends, occurrences would not be due to a localized problem. Ms. Frost stated that she was aware that Federal Way and Tumwater forced fiberglass 'manufacturers out of their communities, and asked why that was done? Dr. Yu indicated that she did not know about this. Councilmember Rivas added that this would be part of public information and that she could go to the city halls to obtain this information. Mayor Wolf added that this question has been raised before and that we have not been able to ve~fy the accuracy of the questioner's comment. , . Yelm City Council cC.98\5-27mndoc.doc Page 2 < < Mayor Wolf reminded the audience that the health assessment issue being discussed is not just about styrene, but the overall community health. She then asked if the City should work towards obtaining grants to purse this? An audience member responded affirmatively. Councilmember Cunningham indicated that he thought it was a good idea and asked for an idea of how long it would take? Sheila McDonald responded that in the worse case scenario it could take up to a year. Councilmember Curry expressed concern about adding grant-writing tasks to current staff members' duties. Councilmember Rivas asked about the procedure for addressing issues identified in the assessment. Dr. Yu indicated that the local community group would be responsible for identifying problems. Mayor Wolf thanked Dr. Yu and Ms. McDonald. She then pointed out that we do not think the health of the people in Yelm is bad, but the City has taken a proactive role in protecting our ground water and in implementing an innovative water reuse project. She expressed her belief that we should be proactive in the areas of community health also. An audience member asked about the source of a foul smell in the Wilkinson/Canal Rd. area yesterday? Chief Dunnam responded that two areas have spread manure causing the problem. ' 9. Public Hearing - Sign Code Amendments. Mayor Wolf closed the regular meeting and opened the public hearing at 8:31 pm. The time, date, place and reason for the hearing was announced. No objections were voiced. Mayor Wolf called on Cathie Carlson to present the staff report. Cathie Carlson explained that staff is proposing an amendment to the Sign Code to allow off-site banners for community events organized by non-profit organizations. Banners allowed under this amendment would be limited to plac~ment in -three four locations, with display limited to no more than two weeks, and a maximum size of 30 feet by 3 1h feet. < The Yelm Planning Commission considered the amendment and recommends approval. The ordinance amendment makes purchase of poles, hardware installation, and placement and removal of the banner the responsibility of the organization. City responsibility will fall to the public works department and is limited to reviewing banner size and verbiage, scheduling time and issuing permits. Mayor Wolf called for public comment. There was none. Councimember Parsons questioned possible problems with having banners over the state right-of-way? Carlson responded that each request would be considered separately and that staff will work with WSDOT, which has standards in place for this purpose. Councilmember Rivas questioned qualifying events? Carlson explained that the event must be of interest to the community as a whole and must be sponsored by a non- profit organization. Being no additional comment, Mayor Wolf closed the public hearing at 8:41 pm. Yelm City Council cC.98\5-27mndoc.doc Page 3 I <01 \ 98-86 MOTION BY ADAM RIV AS, SECONDED BY DON MILLER APPROVING ORDINANCE NO. 626 AMENDING THE SIGN CODE TO PERMIT DISPLAY OF BANNERS IN FOUR LOCATIONS. CARRIED. 10. Public Hearing - Proposed annexation of approximately 47 acres on West and Middle Roads. Mayor Wolf closed the regular meeting and opened the public hearing at 8:42 pm. The time, date, place and reason for the hearing was announced. No objections were voiced. Mayor Wolf called on Cathie Carlson to present the staff report. Cathie Carlson explained that in the past the applicant submitted the 10% annexation petition that was approved by the City. The applicant then began the process of collecting signatures for 60% of the proposal's valuation. The issue was before Council again when the annexation boundaries were redrawn. Since that time the applicant has secured the signatures of approximately 80010 of the annexation's valuation. The Thurston Co. Assessor's Office has verified the signatures. Council's options are to approve the petition and instruct staff to forward the annexation to the Thurston Co. Boundary Review Board for final review or to deny the petition. Mayor Wolf called for pubic comment. Lynn Jepson. Prairie Creek Resident - Ms. Jepson indicated that she had received the map but was unsure of what was pI aimed for the property. She expressed concern that development of the property would : follow annexation. Her major concern was additional pressure.on Yelm Creek, and the flooding problems experienced in the Prairie Creek subdivision. Mayor Wolf responded that the business tonight is considering the annexation only. Any discussion of development would be reviewed as a separate item when the property owners indicated that they wished to follow that course of action. Mayor . Wolf explained that the City has been working with the Water Conservation District on Yelm Creek problems, and that the district had been monitoring the creek. The City is also working with FEMA on a new flood plain map. Although the new map has not yet been adopted, the City has been using it when considering any development along the creek. . Councilmember Miller added that generally the purpose of annexation is to receive City services including water, sewer, and police protection. Following annexation, the applicant has the right to follow up with whatever use is permitted for that particular property. Erling Birkland identified himself as the annexation proponent. He explained that the property between Yelm Creek and West Rd. is a very small part of the annexation area. The reason the West Rd. to Yelm Creek area is included in the annexation is to meet the City's guidelines to avoid creating an island of non-city property. In addressing Ms. Jepson's concerns about Yelm Creek, Mr. Birkland explained that you can't build to the creek. He pointed out that where she lived was once a farm, and that the property was sold and developed as residential housing. The people living next to you also have the right to sell their property. The only way for that property to become more valuable is to bring it into the City. Ms. Jepson responded that she didn't want to prevent anyone from doing anything. Cathie Carlson added that we have more and better information today than in the past. Carson demonstrated the annexation area on the zoning map. Carlson explained that Yelm City Council cC.98\5-27mndoc.doc Page 4 " 98-87 11. 98-88 as a shoreline, any building along Yelm Creek is required to have a 200- ft. setback. Additionally, because of the new flood plain information we now have, where the flood plain Winds around we would require that any future homes in that area (beyond . the 200 ft.) build their foundation above the known high water mark. Shelly Badger pointed out that staff has been working towards determining Yelm Creek rehabilitation needed to alleviate some of the problems experienced in the past two years. Ms. Jepson asked what happens now? Mayor Wolf responded that our policy has been that if a person goes through.the annexation requirements andis within the Urban Growth Boundary the annexation is accepted. Then when the property owner decides what they want to do with the property a new process is started that includes public notification. Cathie Carlson clarified that adjacent property owners would be notified only if they are within 300 ft. of the proposal. Shelly Badger suggested that Ms. Jepson also monitor the city's legal publications in the Nisqually Valley News. Cathie Carlson invited Ms. Jepson to stop by and she would show her what to look for in the legal notices. Councilmember Rivas asked if the new FEMA information makes it more restrictive now? Carlson responded that the floodplain is increased for most property along Yelm Creek. Councilmember Rivas added that although Ms. Jepson indicated that she was here for herself, a lot of the photos and information gathered by the residents in her development have actually contributed to developing more restrictive guidelines. Being no additional comments or questions, Mayor Wolf closed the public hearing at 9:05 pm. MOTION BY ADAM RIVAS, SECONDED BY VELMA CURRY DIRECTING STAFF TO FORWARD THE ANNEXATION TO THE THURSTON COUNTY BOUNDARY REVIEW BOARD. CARRIED. a. Old Business: BMX Bike Park Proposal - Chief Dunnam requested Council approval to prepare a study similar to the one done for the skate board park. He expects to have the study completed in September. At this point location, permanent or temporary nature of the park, etc. are unknown. MOTION BY DON MILLER, SECONDED BY GLEN CUNNINGHAM APPROVING CHIEF DUNNAM'S PROPOSAL TO PREPARE A REPORT ON THE FEASIBILITY OF A BMX BIKE PARK. CARRIED. b. Staff Update - McKnown Use of Property research. Cathie Carlson reported that in researching possible options for the McKnown property, she met with Sandy Mackie and that a Binding Site Plan process offers an alternative to the C-3 zoning issues facing the McKnowns. When subdividing under a Binding Site Plan process the property owner identifies and creates commercial pads on the whole site. The pads are identified by general use i.e. retail, grocery, industrial or manufacturing uses, fast food, etc. This provides a picture of how the whole lot will develop and flow from one commercial area to the next, and how it interacts with the neighborhood. Because the Binding Site p'lan is under our subdivision code, it can be . surveyed and a legal description developed for each commercial pad and the pad may then be sold. Yelm City Council cC.98\5-27mndoc.doc Page 5 Research also found that users land size preferences for manufactured home sales lots to be five-acre parcels, for a Safeway 7-8 acres, and for a new car dealership 5 acres, So some of our land still needs to remain in larger parcels. Of the 23 parcels currently in the C-3 zone, 11 parcels are 5 or more acres, 7 range from 1-5 acres, 5 were 1 acre or less. All of the I-acre or less parcels are being built on or fully developed. Carlson indicated that she made a site visit and met with the McKnowns about the options for their parcel and tired to structure it so they didn't necessarily have to do a full analysis if they leave the largest parcel, where their manufactured home is located, intact. They would still need to hire a surveyor and look at stormwater drainage, etc. For a major change, an administrative site plan review would be called and the property would then be required to meet current City standards. Carlson recommended Planning Commission review of the Binding Site Plan requirements to complement this use and also to make sure a 10-acre parcel can't be divided into 10-1 acre parcels. Additionally, reevaluation of the size requirement for building size, currently 100,000 square feet, which is probably not realistic, and should be reviewed. Councilmember .Cunningham asked about the process? Carlson responded that the Binding Site Plan requires a public hearing, it is not an administrative process. In evaluating the new parcel (pad)'being created it would be required to bring it the site up to current standards. That could, in this case, result in requiring the owner to dispose of appliances, and make changes in fencing, landscaping, etc. . Carlson pointed out that this still will not make everyone happy and that as with any land use process, there is a cost involved for the property owner.' Council directed staff to have the Planning Commission further study the Zoning. Code chapter dealing with C-3 zone requirements, the possibility of using a Binding Site Plan as an alternative to the 10-acre requirement, and the 100,000 square ft. building requirement: .12. Reports: a. City Council Liaison Reports. 1) City Hall- Councilmember Curry indicated that a written report was provided. 2) Court - Councilmember Curry reported that court meets tomorrow. 3) Public Works - Councilmember Miller attended a digging safely demonstration and Sewer Treatment Plant tour last Friday. A written report was provided on progress on current projects. . . Ken Garmann reported on a memorandum from David Evans and Associates, Inc., on the Burlington Northem Santa Fe Railway shortline. The memo addressed immediate repairs needed ($120,000), scheduled repairs ($51,000), annual maintenance ($41,000), and two contacts for possible shortline operators. Garmann requested CounCil approval to move forward on discussions with the shortline operator for the Yelm to Roy,.Roy to Lakewood and Lakewood to the Nisqually River shortlines. C~uncil consensus was given to proceed with Garmann 's request. ..~ Yelm City Council cc.98\5-27mndoc.doc Page 6 , ,'J 4) ParklPark Use Requests. Councilmember Parsons reported that at the last meeting Steve Craig suggested that an 014 locomotive be placed in the City as a tourist draw. Shelly Badger suggested the Yelm Vision Committee consider this item. Council felt more information on location and funding for this project is needed. Mr. Craig also encouraged developing a Farmer's Market with a paid director. Badger indicated that zoning would have to be researched. She added that there has been interest expressed by the Chamber of Commerce in a Fanner's Market.for next year. Council support~d investigating this project for a site other'than City Park. Craig also suggested placing a statue of James Longmire in the City as part of the Mt Rainier National Park 100th Anniversary. Craig believes funding is available for these projects. Badger suggested forming an ad hoc committee to plan for the year 2000 celebration, rather than having every City group working on individual projects. Council discussion continued with Council deciding to have staff refer all three 'items to the Chamber of Commerce to develop proposals. (a) 98-89 In other business the P AB was asked to obtain Council approval to have a member serve on a multi-jurisdictional committee to evaluate and promote regionally beneficial recreational opportunities. The Park board felt this was a valid idea. Council consensus supported having an interested Park Board member participate and report back to Council. Park Use Requests. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING A PARK USE REQUEST FOR PRAIRIE SPECIAL ED PRESCHOOL PICNIC ON 6/11/98. CARRIED. 5) Police Report - Cpuncilmember Cunningham followed up on recent questions concerning Yelm PD assists to other agencies.. Giving a recent example, Councilmember Cunningham reported that when a Thurston Co. deputy was not available to respond to a call in Nisqually Pines a Yelm officer responded. The call had the potential to result in the loss of two lives. The Yelm officer was injured during the call and was assisted by EMS technicians already on the scene. During the past month Yelm assisted on 49 calls to other agencies. Thurston Co. assisted Yelm on 36 calls. Cunningham expressed his belief that the agencies working together in this manner contribute to officer safety. . Councilmember Rivas expressed frustration that the County is aware of a continuing problem in one particular area and they should have an officer available to respond to that area all the time. Chief Dunnam commented that you can't do an even one on one response and that because of the budget, the number of county officers is down from where it should be. Assists are usually requested only when there is a chance of violence. Councilmember Rivas felt that assists to known problem areas in the county put Yelm's officers in jeopardy. 6) Planning - Councilmember Cunningham reported that he had attended the Planning Commission meeting and business on the agenda was the Sign Ordinance. He also attended the Tacoma Narrows Bridge meeting. 7) Water R~use - Councilmember Rivas reported that he made a site visit to check Yelm City Council cC.98\5-27mndoc.doc Page 7 98-90 13. 14. b. construction progress. Mayor Wolf reported on meetings with Shelly, Law and Justice Committee, Nisqually River Council, Economic Development Council, a goodbye for Kelly Eaton, and a Port meeting. Mayor Wolfrequested and received Council consensus approving a proclamation naming June as "Hire A Veteran Month." Staff was asked to prepare the proclamation. . Council - Councilmember Miller reported on attending the "Salmon in the City" pre~entation at the University of Washington. Information obtained pointed out trees planted as part of the Yelm Creek restoration project may be the wrong trees, that retention pond sizes should be increased, and that the current highway runoff system may need to be reevaluated or changed. He also believes the Water Conservation District will be the leader in the salmon restoration movement. c. d. Councilmember Parsons reported on IT changes. Financial Report - A printed financial report through April 1998 was provided in the meeting mailing. Agnes Bennick offered to answer any questions. Library Report Update - Project Costs. Shelly Badger requested that this item be tabled. MOTION BY GLEN CUNNINGHAM, SECONDED BY MARTHA PARSONS TABLING THE LIBRARY REPORT TO THE NEXT MEETING. CARRIED. e. .correspondence ~ Agnes Bennick pointed out that the A WC Fact Sheets on DUI Standards and the Hotel-Motel Tax were included in new materials. Adjourn: 10:30 pm. t:~J1.tl4 Kat n M. olf, Mayor . .' . Authenticated: / tLt/JLV y) ~ bvuilc:. Agn& P. Bennick, City Clerk .$ Yelm City Council cC.98\5-27mndoc.doc Page 8