Loading...
03/27/1996 Minutes CITY OF YELM CITY COUNCIL MINUTES WEDNESDAY, MARCH 27, 1996 Agenda Item/ Motion # 1. Mayor Kathryn Wolf called the meeting to order at 7:30 pm. All present joined in t~e flag salute. 2. 96-045 3 . 96-046 4 . 96-047 96-048 , Council present: Velma Curry, Martha Parsons, Amos Lawton, and Bob Gallagher. Absent: Don Miller. Guests: Allen Morris, Ed Moore, ERA/Del ta i Cindy Cecil, UCBO i Barbara and Robin Wood; Kristina Lord, Nisqually Valley News. Staff: Sandy, -Mackie, City Attorney, Shelly Badger, Ken Garmann, Glenn Dunnam, Cathie Carlson and Agnes Bennick. Agenda MOTION'BY AMOS LAWTON, THE AGENDA AS PRINTED. SECONDED BY MARTHA PARSONS APPROVING CARRIED. Minutes - 3/13/96 MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING rHE MARCH 13, 1996 MINUTES AS PRINTED. CARRIED. 'a. Payroll MOTION BY MARTHA PARSONS, SECONDED BY AMOS LAWTON APPROVING PAYMENT OF THE MARCH 1996 PAYROLL. CARRIED. b. Vouchers: #19483-19495 MOTION BY VELMA CURRY, SECONDED BY MARTHA PARSONS APPROVING PAYMENT OF VOUCHERS 19483-19495 TOTALLING $22,186.42. CARRIED. 5. Public Hearinq - UCBO ExpansionProlect - Mayor Wolf opened the public hearing at 7:34 p.m. Cindy Cecil reported that the expansion project was close to completion. Everything should be wrapped up by the last week of March or first week of April. The expansion will allow the addition of a Head Start classroom as well as space for the food bank and thrift shop. A long shopping list has been generated by feedback on uses for the multi-purpose room including game tables/arcade type games. An arrangement has been worked out to allow use of the shelter by Yelm Community Schools for living skills training for the developmentally disabled. Youth program' participants indicate that for recreation, they kids would be 'happy to stay after school and watch a movie with their friends. Being no additional comment or questions the regular 'meeting was reopened at 7;44 p.m. ' Cindy Cecil requested support of a proclamation recognizing April as Drug-Free Washington Month. Mayor Wolf read the Proclamation. YELM CITY COUNCIL ab\cc.96\3-27-96.MIN PAGE 1 96-049 96-050 MOTION BY AMOS LAWTON, SECONDED BY'VELMA CURRY APPROVING THE' APRIL AS DRUG-FREE WASHINGTON MONTH PROCLAMATION. CARRIED. 6. Public Hearinq - Siqn Code - Mayor Wolf 'opened the public hearing at 7:47 pm. Cathie Carlson, city planner, briefly reviewed the 3/20/96 staff report (Exhibit A). Significant differences in. the draft code were identified as a preference for monument signs i the elimination of off -premise signs, except for directional signs i limiting the use of special event signs to four times per year, and establishing a sliding scale to determine allowable square footage; and deletion of the Nonconforming Signs Abatement section. Councilmember Parsons questioned if current off-premise signs would be grandfathered. Carlson responded that they would be grandfathered if they were legal according to the code in effect at the time they were erected. Ed Moore, ERA/Delta Realty - questioned the elimination of directional signs (page 10, #2). He requested that Council consider allowing use of these signs during daylight hours, as 40% of residential buyers are from out of the area. Mayor Wolf expressed concern about enforcement and questioned how Olympia dealt with this issue. Carlson responded that the signs weren't allowed there either, but that enforcement was . an issue, and that the cost of having maintenance crews pick- up and store signs was also a factor. Councilmember Lawton complained of signs blocking the walkways at intersections on the weekends. And commended the Planning Commission for doing a thorough job. Ed Moore - said that he understood the issue but asked that the industry be allowed to educate th2mselves and do their own enforcement. He asked that Council please allow a little more time on this issue. Being no additional comment, Mayor. Wolf' closed the public hearing at 8:06 pm. MOTION BY VELMA CURRY, SECONDED BY AMOS LAWTON REQUESTING THAT AN ORDINANCE BE PREPARED ADOPTING THE SIGN CODE AS PRESENTED, WITH THE EXCEPTION OF THE RESIDENTIAL DIRECTIONAL SIGNS REFERENCED ON PG 10, #2, WHICH WOULD BE REEVALUATED AT A LATER TIME. CARRIED. Shelly Badger questioned guidelines for a trial period allowing self-policing by the real estate industry. Council consensus was that signs would be permitted during daylight hours only and must be placed out of the way of pedestrian traffic. The issue will be reevaluated at the end of the three months. Staff was requested to contact local realtors and explairi the situation.. YELM CITY COUNCIL ab\cc.96\3-27-96.MIN PAGE 2 96-051 96-052 96-053 7. Public Comment - none 8. a. Interlocal Chipping Agreement - Agnes Bennick explained a new program offered through Thurston Co. Dept. of Water and Waste Management would provide chipping services to local residents. Costs would be borne by the Solid Waste Fund and the City could terminate participation with 6 month notice. To participate 6 neighbors would have to participate. They would contact the county directly to schedule the time and place. Equipment and two operators would be made available for a two hour period. Transporting the branches etc. and Product distribution would be the responsibility of the participating neighbors. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THURSTON CO. FOR A NEIGHBORHOOD CHIPPING PROGRAM. CARRIED. Councilmember Gallagher arrived at 8:20 pm. b. On Call Engineering Services - Shelly Badger explained that the contract is a renewal and allows staff to call with questions on projects under review. Mayor Wolf added that the contract needs to be changed to the Mayor or a combiriation of the mayor and CAO. . MOTION BY MARTHA PARSONS, SECONDED BY AMOS LAWTON APPROVING AN ON CALL ENGINEERING SERVICES CONTRACT WITH S CHAMBERLAIN .& ASSOCI~TES. CARRIED. c. Gang Enforcement Task Force - Thurston Co. Prosecutor's request for support. Information was mailed out in packets. Mayor Wolf read the support request portion of the document. Mayor Wolf agreed with Councilmembers that Yelm has a good start in this area. She would like to see the police departments of all jurisdictions meet with the prosecutor and work towards eliminating any friction that might exist. MOTION BY AMOS LAWTON, SECONDED BY MARTHA PARSONS THAT THIS ITEM BE TABLED. CARRIED. COUNCILMEMBER CURRY OPPOSED TABLING THE MATTER. J Chief Dunnam was asked to report back to Council on this issue. d. Home Occupation Permit Appeal of Staff Determination. Cathie Carlson,. planner, presented an overview of her staff report of 3/19/96. The Home Business Application, received on 2/28/96, is for a Biomonitoring/bioassayjwater quality Laboratory to. be located in a single family residential (R-6) zone using private water/sewer service. Various structures exist on the site. The structure selected to house the business is vacant at this time but was previously used as the applicant's home and as a rental home. A revision to the (3/10/96) original application was required and submitted. YELM CITY COUNCIL ab\cc.96\3-27-96.MIN PAGE 3 Following staff review the applicant was informed in .writing (3/14/96) that the applicatiori had been denied because.it met only two of the required four criteria. The structure proposed to house the business is by definition a dwelling unit, not an accessory building, and as such would need to be occupied by the business owner to qualify for use as a home occupation. The Code also requires that staff be family members and the application indicated that one outside person would be employed. It was stressed by Cathie Carlson that due to not meeting requirements to qualify for a home occupation permit, and to save costs to the applicant, the applicant was not required, at this time, to obtain Thurston County Environmental Health Department approval. Sandy Mackie, city attorney, expanded on the individual definitions found in Yelm's Zoning Code and discussed other areas that would be in disagreement with the Code including limitations on the amount of space permitted for use of a home occupation, traffic and delivery limitations, and quality and quantity of waste products. The testing of NPDES effluent and soil for hazardous waste characteristics creates another questionable area as the importation of waste products/materials is prohibited. Mr. Mackie also raised concerns related to space issues - YMC requires that a home occupation not exceed 25% of the total floor area of the residence and allows a maximum floor area of 400 square feet. Continuing, Mackie pointed out that an accessory building's size is limited to 500 sq. ft. if the accessory building is used for home occupation purposes. Mr. Mackie concurred with staff's. conclusion to deny the application. Barbara Wood, applicant, presented a letter indicating that the staff person shown on the application would not be required to work on the premises and would be a consultant to the business, not an employee. She displayed the products used for testing and explained her plans for the business and continuing her education. Ms. Wood also stated that she had requested and been denied a meeting with. the mayor on this issue. Mayor Wolf and Mr. Mackie explained that the mayor could not meet before the meeting in case she had to cast a tie vote on the matter. Ms. Wood questioned interpretation of accessory building, and stated. that most people put more harmful chemicals on their lawns than she would put into the environment from her testing process. Ms. Wood added that she would not put harmful chemicals into the environment and that the primary chemical used is table salt. She felt that she had made every effort to meet all requirements of the application and that YELM CITY COUNCIL ab\cc.96\3-27-96.MIN PAGE 4 everything had appeared to be proceeding until the planning department got involved. She fel t that she had not been treated fairly by staff. Mayor Wolf explained that planning staff had no recourse but to deny the application. And stated that it's a wonderful business, but it doesn't fall undei the definitions in the home occupation ordinance. She pointed out that "the house being ,claimed as an accessory building had been a residence for years. Councilmember Gallagher concurred with this fact. Ms. Wood responded that her process has been approved by the Department of Ecology and described the process and equipment needed. She further stated that the chemicals used in the process were not toxic, but merely salt (sodium chloride) . Discussion continued on accessory uses, layout of the propo~ed building, equipmentu~ed in the process, focus of the Home" Occupation Ordinance and application, and possible" changes in square footage limitations. Shelly Badger pointed out that this was the first test of the new Home Occupation requirements since zoning code adoption. Mayor Wolf again stressed that staff did the only thing they could in interpreting the code and that there was nothing personal in the decision. She then asked if there was a way out of this dilemma. Sandy Mackie addressed a specific sheet metal example and cautioned against opening the door too wide. Discussion continued concerning a garage currently under construction. Council was asked if they wished to pursue modification of the ordinance. Councilmember Parsons asked if we could get to the point where the business could comply? Cathie Carlson again stressed additional Thurston Co. Health Dept. testing if the application status changed. Council consensus was that recommended revisions be prepared by Mr. Mackie and sent to staff for scheduling for review and a public hearing before the Yelm Planning Commission. This process will t~ke approximately 90 days. 9. Old Business: a. Lobbyist Contract. Shelly Badger and Mayor Wolf explained the need for these services to continue and how important"this is to the Reuse Project. Costs would be $1500 per month for 9 months for the services of both Kathleen Collins and Jackie White. Funding for this would come from the year end carryover in Sewer Operating Fund that was not expensed. YELM CITY COUNCIL ab\cc.96\3-27-96.MIN PAGE 5 96-054 MOTION BY VELMA CURRY, SECONDED BY MARTHA PARSONS AUTHORIZING NEGOTIATION OF A CONTRACT WITH KATHLEEN COLLINS AND JACKIE WHITE FOR LOBBYING SERVICES, CONTRACT NOT TO EXCEED $1500 PER MONTH FOR A NINE MONTH PERIOD. CARRIED. b. Five-Corners Intersection Improvement Financing Alternatives. Shelly Badger reported that she had looked into Flex Line, a streamlined bond financing program, and found that the program is not being pursued any longer. She will continue to investigate funding possibilities and report again at the 4/10/96 meeting. At this time, a traditional bond probably is not feasible and a loan will be the vehicle of choice. 10, . Reports: a. Planning - Councilmemper Lawton stated that the Planning Commission does a good job and that they are busy working on Design Guidelines. Cathie Carlson gave some background on the process the Commission has used. b. Council Liaison Reports 1) City Hall - Councilmember Parsons reported on receipting system progress, SOP development, training, newsletter, and Spring Cleanup. 2) Court '- Councilmember Lawton indicated that the court did not have a projected date for completion of data input. Mayor Wolf emphasized the need for this information. 3) Public Works - Ken Garmann reported for Councilmember Miller who is o'n vacation. Items included filling a temporary maintenance position; notification to expect delivery of the new pickup truck, soil buildup and reseeding in the swales on Yelm Ave. E~" Berry' Valley Estates improvements, and a grant ,application (STP) preliminary score announcement expected on 4/4/96. 4) Police - Councilmember Parsons announced that the police department is now accredited and that formation of a bike unit was being looked at. Chief Dunnam was congratulated on his department's success. 5) Reuse - no report. c. Mayor- Mayor Wolf reported on attending the following meetings: Mill. Pond's Together sponsored program; lunch with Tom Gorman and Tara Foreid; PD Accreditation and out briefing; meetings with the CAO; Capital Medical Center Board meeting; Up with People volunteers who are working with Mill Pond Elementary Sch'ool on a tree planting project; Jim Dixon, new judge pro-tern; Nate Henderson's funeral; Mill Pond Auction' set -up and event; Gene's retirement party, all the individuals who worked so hard YELM CITY COUNCIL ab\cc.96\3-27-96.MIN PAGE 6 to make the party special were commended; EDC meeting; 'meeting ~ith Lasco, Shelly, Commissioner Oberquell, and DOE, to discuss an emission prevention program. Mayor Wolf announced that AWC has commission vacancie's, and asked if anyone else would like to attend the AWC Annual Conference in June. Council gave their consensus to having a grove of trees, paid for with donations, planted behind City Hall as a memorial to Nate Henderson. ' d. Council Councilmember Lawton reported that he had attended the Youth Summit and felt that it was a worthwhile event. He reported that the young people did not feel the punishment for alcohol and drug use is severe enough. e. Parks - Nisqually Basin Little League. Agnes Bennick explained that requests for use' of a facility for an extended period of time require that the group agree to give up use of the facility if its use is requested for a day by another group. MOTION BY VELMA CVRRY, SECONDED BY AMOS LAWTON APPROVING NISQUALLY BASIN LITTLE LEAGUE'S REQUEST. CARRIED. 96-055 11. Correspondence was reviewed. 12. Meeting adjourned at 10:02 pm. ~~ JJ1.Jft4 Ka thryn M. Wol f", Mayor Attest: /')/') /..1 . \lj, i/ " I LI1/J; u /'""' ~a//7L1l! Lt. '--/ Ag~s P. Bennick, City Clerk YELM CITY COUNCIL ab\cc.96\3-27-96.MIN PAGE 7