01-12-05 MINUTES
YELM CITY COUNCIL MEETING
MINUTES
REGULAR MEETING
WEDNESDAY, JANUARY 12, 2005
Call to Order
1. . Mayor Rivas called the meeting to order at 7:30 p.m.
Roll Call
2. . Present: Don Miller, Joe Baker, Ron Harding and Pat Fetterly.
Bob Isom was excused
3. Agenda Approval
05 – 01 MOTION BY JOE BAKER, SECONDED BY PAT FETTERLY
APPROVING THE AGENDA AS PRESENTED. CARRIED.
Special Presentations
4. – None
5. Public Comment
Roberta Longmire questioned information she received at a pre-submission
conference concerning improvements necessary for commercial/office use of
property located at 309 Yelm Ave. W. She also questioned information she
received in a letter dated November 7, 2004 from Larry Hanson, Yelm
Community Development Department. Mrs. Longmire believes that the
information in the letter is in error and requested that the letter be corrected.
Mayor Rivas indicated that he would have staff follow-up on the matter and
determine what action might be appropriate.
6. Consent Agenda
a. Council Minutes – December 8, 2004
b. Payables: Checks 24102-24305 totaling $316,181.95
1) Manual Checks 24102-24150 totaling $13,405.78
2) Claims Checks 24151-24305 totaling $302,776.17
c. Payroll - Final December 2004, checks 8793-8892 totaling $186,307.14
d. Park Use Requests
1) YCP, 4/29/05, Tree Advisory Board Arbor Day, 10-3, 50+/- attending
2) YCP, 5/13-5/14/05, Christian Crusaders Gospel Concert, 12-3, 100-300
3) YCP, 7/23/05, Pastors/Churches Family Fun Day, 9-6, 200-300
05 - 02 MOTION BY DON MILLER, SECONDED BY JOE BAKER
APPROVING CONSENT AGENDA ITEMS AS PRESENTED.
CARRIED.
Public Hearing -
7. Assessment Reimbursement Contract for Mountain View
Rd. Water and Sewer Improvements.
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Mayor Rivas opened the public hearing at 7:44 p.m. and called for a staff
report. Tami Merriman stated that the ordinances and contracts would
provide a reimbursement opportunity to Project Fore, on a pro rata basis,
allowing them to recover a portion of water and sewer facilities installation
costs along Mountain View Rd. A staff review of the cost found the
apportionment method to be correct and fair. The agreement would be in
effect for no longer than 15 years. The City would collect 10% of the
reimbursed amount to recover administrative costs. Mayor Rivas called for
Council questions/comments. Discussion concerned how the assessment is
determined.
Mayor Rivas called for public questions/comments. Mrs. Tuininga, a
Mountain View Road resident, addressed a number of issues including
noticing requirements, state law governing assessments, construction
contracts process, and term of assessment. She submitted written comments
for the record. Staff clarified that Mrs. Tuininga’s information cited the
Revised Code of Washington chapter addressing Local Improvement
Districts requirements instead of the chapter applicable to Assessment
Reimbursement Contracts (Latecomer Agreements).
Mrs. Tuininga also commented on development, traffic and water impacts
and feels that those who benefit from development should pay costs and that
neighbors should be brought in earlier in the process.
Nick Tuininga, Mountain View Road, questions concerning legal notification
can be researched in the Yelm Municipal Code which is available at the
City’s web site. He also questioned circumstances under which connection to
water/sewer would be compelled. Mayor Rivas responded that the Thurston
Co. Health Dept. would make a notification following a failed system, and
that property development would also trigger the requirement.
Being no additional comment, Mayor Rivas closed the public hearing at 8:08
p.m.
a. Ordinance 824 – Mountain View Road Water Assessment Reimbursement
Contract. Tami Merriman reported that approval would authorize Mayor
Rivas to enter into the contract.
Council discussion concerned impacts of tabling this decision to the next
meeting while permitting time to address all questions raised during the
public hearing.
b. Ordinance 825 - Mountain View Rd. Sewer Assessment Reimbursement
Contract.Tami Merriman reported that approval would authorize Mayor
Rivas to enter into a contract.
05-03 MOTION BY RON HARDING, SECONDED BY DON MILLER
TABLING AGENDA ITEM 7. a. ORDINANCE 824 AND THE
WATER ASSESSMENT REIMBURSEMENT CONTRACT AND
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AGENDA ITEM 7. b. ORDINANCE 825 AND THE SEWER
ASSESSMENT REIMBURSEMENT CONTRACT TO THE NEXT
COUNCIL MEETING. CARRIED.
8. New Business
a. Annexation Petition Request, Yelm Ave./Morris Road. Tami Merriman
reported that the applicants Howard Alexander and Leo Lefebvre have
requested approval to petition for annexation utilizing the petition method as
permitted by state law. The proposal is for a 10,467 square foot strip of
property owned by Mr. Alexander that borders Mr. Lefebvre’s property line.
05 -04 MOTION BY RON HARDING, SECONDED BY PAT FETTERLY
ACCEPTING THE REQUEST TO PETITION FOR ANNEXATION FOR
THE PROPOSED AREA UTILIZING THE PETITION METHOD OF
ANNEXATION AND REQUIRING THE AREA TO ASSUME ITS
SHARE OF EXISTING CITY INDEBTEDNESS AND DESIGNATING
THE ANNEXED PARCEL AS COMMERCIAL (C-1). CARRIED.
b. Street Latecomers Agreement, Yelm Community Schools. Grant Beck
reported that as part of the high school expansion project Yelm Community
rd
Schools (YCS) is required to improve Yelm Ave. W. from 93 Ave. to a
point 200’ east of the eastern high school entrance, including a turn lane
portion, but only for the high school side of the street. Twin County Credit
Union’s existing improvements deferral is being called in and the City is
contributing $130,000 of TFC to the project.
YCS applied for an Assessment Reimbursement (Latecomers) Contract
(Public Hearing and Ordinance required) to recover a portion of
improvement costs. However an evaluation of the project to determine
benefit to other properties was difficult as this is half a road project which
could become a throw away when the other side of the road develops. In that
event, the project would have no benefit to anyone other than pedestrians
using the new sidewalks. YCS has been made aware of this development and
decided not to attend tonight’s meeting.
Council action is required as an application for a Latecomers Agreement
triggers an ordinance preparation process.
05-05 MOTION BY RON HARDING, SECONDED BY PAT FETTERLY TO
NOT DECLARE THAT THE IMPROVEMENTS TO WEST YELM
AVE. ARE A PRE-REQUISITE FOR OTHERS TO DEVELOP.
CARRIED.
Old Business
9. – None
10. Mayor and Council Reports and Initiatives and Board/Commission
Business
Councilmember Harding attended a TRPC Transportation Policy Board
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meeting and an Intercity Transit Citizen Work Group meeting.
Councilmember Baker reported that the SWAC meeting was cancelled and
that he attended the Senior Center Board meeting.
Councilmember Baker also requested that the date of the retreat be changed,
as he and Councilmember Isom will be out of state. Mayor Rivas indicated
that Councilmember Harding had requested that the retreat be held as early
as possible in the year and that all had agreed to the January date. There was
discussionconcerning availability with Councilmember Miller indicating
that he would be unable to attend in February and Councilmember Fetterly
adding that business activity increases greatly for her beginning in February
making that a difficult time for her to attend. Mayor Rivas also had a
schedule conflict. Staff was requested to select and confirm dates and
reschedule the retreat.
Executive Session – N
11. one
Correspondence
12. - was available for viewing
Adjourn
13. : 8:48 p.m.
_______________________________________
Adam Rivas, Mayor
Attest:
_______________________________________
Agnes Bennick, City Clerk
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