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08/12/92 MINU`IES CITY OF YELM REG[I[.AR COUNCIL N1E:ETING WEDI~SDAY, AUGUST 12, 1992, 7:30 PM, YELM CITY HALL COUNCIL CHAMBERS The Regular Meeting was called to order at 7:30 PM by Mayor Sanders. All present joined in the flag salute. Council present: Kathy Wolf, Amos Lawton, Arnold Drogseth, Martha Parsons and Don Miller. Staff: Gene Borges, Todd Stamm, Glenn Dunnam and Shel]_y Badger. Visitors:' Cindy Cecil, Bob Hazlett ( Skillings & Chamber]_ain, Inc.) , Ted I'oreid, Donna Schoolcraf,t, John Carpenter, Patty Forrester, Jennee Overton, Bob Overton, Dennis Pearson, Dawn Hobson and Kevin Dunn. The minutes of the July 22, 1992 Regular Meeting were approved on a motion by Martha Parsons, second by Kathy Wolf. Motion carried. The following vouchers were approved on a motion by Arnold Drogseth, second by Amos Lawton. Motion carried. ' Current: $ 23,230.94 Police: _ $ 3,030.83 Water: $ 86,568.80 Street: $ 2,320.74 Garbage: $ 9,945.3?_ CDBG: $ 7,882.75 74 GO Bonds: $ 3,318.00 City Hall Construct: $ 60,687.20 TOTAL: $196,984.58 At 7:32 PM, a Public Hearing on the Vancil Road/Five Corners Annexation was opened. A letter dated August 12, 1992 was presented (in person) to the City Council by Donna R. Schoolcraft, 10831 Vancil Rd. SE. The letter expresses opposition to the proposed annexation of her property to the Yelm city lim- its. She expressed concern that the annexation may eventually result in a change of zoning of her property that would prevent her from selling the property as a working faun to another party. "A zoning change that prohibits livestock would result in a substantial decrease in the value of my prop- erty." She objected to the possibility of being forced to hook up to city water and sewer, due to the fact that her home is located nearly 400 feet from Vancil Road and the cost may be prohibitive. Council asked that Todd Stamm respond to Ms. Schoolcraft's concerns upon his return. The Public Hearing was continued at 7:41 PM. At 7:41 PM, a Public Hearing on the Mountaineer Court Preliminary Plat (SUB- 8054) was opened. A staff report prepared by Todd Stamp was presented to Council. Discussion fol]_owed on the request from Edward Windsor/Mark Carpen- ter to subdivide 1.59 acres east of Crystal Springs Road into 6 lots in single-family zoning. The site was previously short-platted into three lots by short subdivision 8030. Planning Commission has given conditional ap- proval of the preliminary plat subject to the conditions listed in the staff analysis on file and that the final plat include a buffer along the southern edge to reduce conflicts with future industrial development of the neighbor- ing property. With no comments from the Public, the Hearing was closed at 7:48 PM. On a motion by Don Miller, second by Kathy Wolf, the Mountaineer Court Pre- liminary Plat was approved subject to the conditions set forth by the Plan- ning Commission on file in the staff report dated August 6, 1992. Motion car- ried. Item 7(c), UCBO Community Center project, was tabled to the August 26, 1992 Regular Council Meeting. Council concurred that the City of Ye]m should purchase the new maps from the Yelm Chamber of Commerce for availability city-wide (cost' of $1.50 each). At 7:54 PM, tYie Public Hearing on the Vancil Road annexation was reopened. Todd Stamm responded to Ms. Schoolcraft's concerns regarding the annexation of her property. Fte explained that the present use of the land (residential/agricultural) would allow the land to be zoned residential/agricultural upon annexation and the zone could only be changed in the future at the request of the property owner. This would allow her to sell the property (if desired) as RA zoned. 2 ~~,~ He stated that the development of neighboring properties could occur whether,,,;; or not the site is annexed. The City has not and~does not intend to require mandatory connections to the water or ,sewer systems outside of Phase 1. The only case where this could occur, would be if Thurston County Health Depart- ment or Department of Health required connection to a municipal system, due to health concerns. With no further com-nents from the Public, the Hearing was closed at 8:07 PM. ORDINANCE NO. 443: In as much as 60o assessed value of property have signed the annexation petition and the Thurston County Boundary Review Board has ap- proved the annexation, Kathy Wolf moved approval of Ordinance No. 443, annex- ing 40 acres lying south of Yelm Avenue and east and west of Vancil Road to Five Corners. Motion was seconded by Martha Parsons. Motion carried. Ef- fective date: August 26, 1992. ORDINANCE NO. 444: As recommended by the Yelm Planning Commission, Ordinance No. 444 was approved on a motion by Kathy Wolf, second by Martha Parsons, providing for a change in zoning of a 1.44 acre parcel of land (Kitchen - ZON-8047) lying west of Crystal Springs Road and north of Yelm Creek from Residential Agriculture (RA) to Single-Family Residential (R-1). Motion car- ried. Effective date: August 26, 1992. The site will be subject to shore- line regulations for development. RESOLUTION NO. 258: Approved on a motion by Kathy Wolf, second by Don Miller setting a Public Hearing for September 9, 1992 to consider vacation of a por- tion of McKenzie Street SW. Motion carried. Kathy Wolf moved to direct staff to prepare an up-to-date version of Yelm's current gambling tax ordinance for Council consideration. Second by Don Miller. Motion carried. Mayor Sanders announced that he would serve as Yelm's appointee to the Thurston Regional Transportation Policy Board and that Don Miller would serve on the Intercity Transit Authority. South Thurston County will hold two seats on the Authority, one elected official from the City of Yelm and one from the jurisdictions of Rainier, Tenino and Bucoda. RESOLUTION. NO. 260: Motion by Martha Parsons, second by Arnold Drogseth ap- proving Resolution No. 260 establishing a fee for petitions to vacate plats, rights-of-way and easements, ($100.00).and establishing; a charge upon ap- proval of such vacation petitions ($250.00). Motion carried. RESOLUTION N0. 261: Motion by Martha Parsons, second by Arnold Drogseth es- tablishing a fee for obtaining and preparing lists of property owners of re- cord in the vicinity of proposed developmients at $50.OO.and one dollar addi- tional for each record owner over 50. Motion carried. City Council directed staff to prepare an Ordinance amending Chapter 9.60 YMC regarding radio interference reception. Council felt strongly that the ordi- nance should be amiended because Yelm does not have the proper staff and/or equipment to enforce the present ordinance. RESOLUTION N0. 259: Council received copies of all comment letters on the Transportation Plan Environmental Impact Statement: Most letters were writ- ten addressing concerns on alternatives Y3, Y4-1, Y4-2 and Y7. Due to an- ticipated environmental impacts of alternative Y4-1 (as stated in several written comment letters), alternative Y4-2 is the preferred route. Should this latter route be selected, property owners will be fairly and appropri- ately compensated. A final route selection will be made by the City follow- - ~ ing a design study. Route Y-7 was amended as depicted in Figure 1-1 submitted by Dennis Su of KCM. A new facility, Y-13, "Yelm Transit Center", (in response to a written com- ment from Intercity Transit) was added to the Transportation Plan to provide for siting, design and construction of a principal Intercity bus stop with consideration of rider amenities such as kiosks and shelters, park-and-ride facilities and bus parking. The Council thanked Bob Hazlett, Skillings & Chamberlain, Inc. for his suc- cessful involvement in the preparation of the plan. The Transporation Advi- sory Committee chaired by Lyle Burstad was commended for their efforts. ~,~ -.- With no further comments regarding the plan, Don Miller moved to adopt Reso- lutioh No. 259, the Yelm Comprehensive Transportation Plan, second by Martha Parsons. Kathy Wolf abstained from the vote to avoid any possible conflict of interest. Motion carried. EMANUEL LUTHERAN CHURCH ALLEY VACATION: Todd Stamm, City Attorney, asked that Councilman Lawton and Drogseth leave the room for the discussion and de- cision due to their membership in the Church. Planning Commission recom- mended to vacate the alley as requested, but that the City of Yelm maintain a utility easement (both over and underground). ' Don Miller moved to approve of the request by the Emanuel Lutheran Church and Kevin & Tamilyn Dunn to vacate 10 foot of city alley right-of-way within Block 8 of McKenzie's Second Addition to Yelm, as per the fee schedule adopted by Resolution No. 260. Motion was seconded by Kathy Wolf. Motion carried. Todd Starrm will prepare the necessary documents to vacate the land. John Carpenter, Patty Forrester, Jennee Overton, Bob Overton, Dennis Pearson and Dawn Hobson were present representing the licensed (by the Washington State Liquor Control Board) facilities in the City of Yelm. John Carpenter spoke for the group in regards to the City's adoption of Ordinance No. 442 lowering the blood alcohol limits from .10 to .08. He expressed concern that the Ordinance was passed without a Public Hearing, where they could have given input prior to a decision adopting the Ordinance. He stated that the decision has had an economic impact on all their businesses and feels that people will go to licensed establishments outside of Yelm to drink because of the Ordinance. He asked the City, on behalf of all those present, to repeal the Ordinance so it does not severely impact the licensed operators in the Yelm area and to wait until other agencies, i.e. State, County, other larger cities, lower the limits before Yelm does. Councilmembers stressed that the Ordinance did not require a Public Hearing by law and was not passed to create an economic hardship on local establish- ments, only to alleviate the possibility of breathalizer mechanical error that attorneys may use in court. They stressed to those concerned that the Yelm Police Department policy on stops would not change due to the new law. Chief Dunnam concurred and stated that when someone is stopped for a cause, first a field sobriety test is performed and in most cases an individual is given a breathalizer only if the party does not perform favorably in the f iel_d . Council unanimously felt that the Ordinance should stand as adopted. Flow- ever, Chief Dunnam stated he would in the future, speak to licensed estab- lishments, prior to recommending a change in City law. He stressed that his recommendation to lower the blood alcohol level still stands. A letter was received by the Council from the TOGETFIER program commending them on the de- cision to lower the level to .08 and Chief Dunnam stated that a letter will be coming from the Governor's Special Assistant on Drug Issues. Don Miller agreed to write an editorial in the Nisqually Valley News explain- ing the Council's action and the reason for it. Planning Commission held a workshop on August 4, 1992, they will be approving the Urban Growth Boundary at their August 18, 1992 meeting. Minutes were provided to Counci]n~Jmbers of the workshop. Parks Advisory Committee Meeting of August 11, 1992: Martha Parsons moved to approve the following park use requests: *Joli A. Hall, August 15, 1992, birthday party *Penney Kinnaman, September 4, 1992, House of Lloyd Yelm Historic Preservation Commission Meeting of August 11, 1992: Work con- tinues on the Historic Inventory conducted by consulted Caroline Gallacci. A Comprehensive Map will be prepared showing all historic properties in the City of Yelm and portions of the Urban Growth Boundary. Sewer Report: Gene Borges stated that staff is currently working with Farmr er's Home Administration to arrange funding for construction of the collec- tion lines for Phase II properties (versus formation of ULID's). Those areas would be required to pay a hook-up fee and to install their own on-site sys- tems. The following correspondence was received by Council: i ~1J,~+'r3ai .~ *Thurston Cultural and Human Rights Commission minutes *Town of Rainier Fire Fighter's Parade *Memo from Diane Oberquell, Thurston County Commissioner 1 With no further business before the Council, Council adjourned at 10:08 PM on a motion by Martha Parsons, second by Arnold Drogseth. ATTEST: Shelly A. Badger City Clerk Robert A. Sanders Mayor `,~~3,~ ~02`~ 0~ is ~I r ~~