01/27/93k.~. ,
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' CITY OF YELM
CITY COUNCIL MINUTES, WEDNESDAY, JANUARY 27, 1993, 7:30 PM
CITY HALL COUNCIL CHAMBERS
Agenda/Motion
Numbers
1. The meeting was called to order at 7:30 pm by Mayor Robert Sanders.
All present joined in the flag salute.
2. Council present: Don Miller, Martha Parsons, Arnold Drogseth, Amos
Lawton and Kathy Wolf. Visitors: Fran McVay, Lyle Jenness, Art
Justman, Roger McKown, Jerry Morrissette, Raymond Abbott, Denise
Rodriguez and Gary Hudson. Jackie and Frank Jones, Cindy Cecil, Rick
Kolilis, David Frick, Steve Gilbert and Michael Van Gelder. Staff
Present : Sandy Mackie, Yelm Legal Counsel, Shelly Badger, Todd Stamm,
Tim Peterson, Glenn Dunnam and Agnes Colombo.
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3. Agenda additions/deletions.
93-12 MOTION BY KATHY WOLF, SECONDED MARTHA PARSONS APPROVING THE AGENDA
AS AMENDED TO INCLUDE ITEM 11, i, SWEEPER BID SPECIAL-, MEETING.
MOTION CARRIED.
~, 4. Minutes of January 13 and 20, 1992.
93=13 MOTION BY DON MILLER,~SECONDED BY.ARNOLD DROGSETH APPROVING AS
WRITTEN THE MINUTES OF JANUARY 13 AND 20, 1992. MOTION CARRIED.
5. Approval of payroll.
93-14 MOTION BY AMOS LAWTON, SECONDED BY DON MILLER APPROVING THE PAYROLL ,
FOR JANUARY 1993. MOTION CARRIED.
6. Yelm Creek/Middle Road (Season's Development) 50$ Annexation
.~ SANX8042~ & Prairie Creek Preliminary Plat (SUB8079Z. The Public
Hearing was opened at 7:32 by Mayor Sanders. All speakers were
requested to identify themselves prior to speaking and to add their
names to the sign-in sheet if they wished to speak or be included on
the mailing list for future public hearings concerning this project.
The audience expressed no objection to any couneilmember's
participation in the public hearing: No councilmember had received
information, other than staff reports, prior to the public hearing.
Todd Stamm gave an overview of the staff report, including ,Planning
Commission recommendations, that was'included in Council packets.
Shelly Badger told councilmembers that she had spo~.en with Dennis
Cochrane, city engineer, and his recommendation is ti~at sidewalks be
done immediately, not piecemeal as homes are built. He also
recommended that "frontage"-improvements be made t~• both sides of
Middle Rd. and indicated that policy/ordinances would require
waterlines across the front of the entire plat. ,
Kathy Wolf questioned Planning Commission member Roberta Longmire on
reasons for the proposed stub roads. Longmire responded that stub
roads offer advantages to the school district as it •:s better to have
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JANUARY 27, 1993 PAGE 1 : ~_~
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more than one access, it also serves the City by accommodating
creation of a potential street grid system at some point. Longmire
also cautioned that requiring adjacent property owners to connect to
the stub road takes away some of their options.
Roger McKown - recommended leaving areas identified for stub roads
unpaved to be used as park/play areas until such time as it is
needed to connect to another street. Councilman Miller expressed
support for this idea.
Councilwoman Parsons questioned whether open space requirements had
been met. Stamm explained that it was unclear at this time.
Sandy Mackie questioned whether the stub roads should be dedicated
and not built or reserved as future easement, and the maintenance of
small pocket parks. Would maintenance be through a homeowners
association or the developer? He also pointed out that while
"abnormally irregular boundaries" are to be avoided. Thurston Co.
Boundary Review Board does recognize that it isn't always possible
to have nice straight boundaries and that consideration would be
given as to whether the property surrounding the boundary would end
up in the City eventually.
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Council indicated that many questions remained unanswered. Stamm
suggested that meeting with Dennis Cochrane, city engineer, would be
beneficial.
Jerry Morrissette, stated that this project had been in process for
a year and requested that Council give its approval if it was
comfortable with the plat.
Kathy Wolf suggested that the City consider the desires of the
property owners across the road to be included in the annexation.
There being no additional comment, Mayor Sanders closed the public
hearing at 8:35 pm.
MOTION BY KATHY WOLF, SECONDED BY ARNOLD DROGSETH TO APPROVE CITY OF
YELM RESOLUTION NO. 279 APPROVING THE MIDDLE ROAD ANNEXATION
(ANX8042). MOTION CARRIED.
Kathy Wolf stated that :she would like time to consider issues raised
concerning the plat and sending the issue back to the Planning
Commission, if possible.
MOTION BY KATHY WOLF, SECONDED BY MARTHA PARSONS TO CONTINUE THE
PRAIRIE CREEK PRELIMINARY PLAT (SUB8079) TO THE FEBRUARY 10, 1993
COUNCIL MEETING. MOTION CARRIED.
7. Parkside Preliminary Plat (SUB8065~ Public Hearing was opened at 8:38
by Mayor Sanders. All speakers were requested to identify themselves
prior to speaking and to add their names to the sign-in sheet if they
wished to speak or be included on the mailing list for future public
hearings concerning this project. The audience expressed no
CITY COUNCIL
JANUARY 27, 1993
PAGE 2
~~~~~,~~ objection to any councilmember's participation in the public hearing.
No councilmember had received information, other than staff reports,
prior to the public hearing.
Todd Stamm gave an overview of the project explaining that the plc
was proposed and submitted prior to the Open Space Ordinance takir
effect. He also stated that the rezone request had been withdrawn
Issues raised by Stamm included: street vs. private road, degree oz
curve and disadvantages of allowing a private street.
Roberta Longmire expressed her feelings that she would like to see
open space requirements apply to all subdivisions.
Sandy Mackie explained that any decision on a land use request must
be reviewed on criteria existing at the time of submission and be
consistent with Yelm's Comprehensive Plan.
David Frick, developer, requested approval of the plat subject to the
road curve meeting approval of the city engineer.
There being no additional comment, Mayor Sanders closed the public
hearing at 8:50 pm.
95-17 MOTION BY DON MILLER, SECONDED BY KATHY WOLF APPROVING PARKSIDE
PRELIMINARY PLAT (SUB8065j SUBJECT TO APPROVAL OF FINAL GRADE OF THE
CURVE. MOTION CARRIED.
8. East 507/McKown Annexation (ANX8073) Public Hearing was opened at
8:51 pm by Mayor Sanders. All speakers were requested to identif""°"
themselves prior to speaking and to add their names to the sign-~.
sheet if they wished to speak or be included on the mailing list fo
future public hearings concerning this project. The audience
expressed no objection to any councilmember's participation in the
public hearing. No councilmember had received information, other
than staff reports, prior to the public hearing.
Todd Stamm gave a brief overview of the project explaining that as
policy the City doesn't combine commercial and residential in an
annexation. The Planning Commission had recommended that this
annexation include the residential property on Tranquility Lane but
made no recommendation concerning zoning. The annexation can go to
the BRB without zoning at this point. Stamm explained that the
annexation includes three different zones, including the proposed
new "C-3" zone. Business permitted in this zone would include
appliance/furniture stores, auto repair/sales and auto body shops and
mini-warehouses/storage.
Art Dustman - expressed his concern about being included in this
annexation. Items mentioned included taxes, land division, land
valuation and loss of status as open space.
Sandy Mackie assured Mr. Dustman that any changes in taxes would
probably not be significant as he would be maintaining the same us
of his land. There would however, be a penalty when/if he change
CITY COUNCIL PAGE 3
JANUARY 27, 1993
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from Agricultural/open space tax designation. Penalties could~.gby~~~~~
as far as ten years. He also explained that if Mr. Dustman desired
he could change zoning to a higher density at some point in the
future.
Roger McKown - stated that an attempt had been made to include
Tranquility Lane in the petition and that it was very difficult due
to the high number of absentee owners.
Sandy Mackie pointed out that Council could accept the Planning
Commission recommendation or possibly have City staff work with the
applicant on a fact sheet to be distributed along with a letter
inviting them to join the annexation.
Art Dustman - withdrew his appeal objecting to inclusion in the
507/McKown annexation.
Stamm added that as it would take two months to finalize the
annexation, zoning could be withheld until the Planning Commission
had an opportunity to review it.
There being no additional comment, Mayor Sanders closed the public
hearing at 9:20 pm.
93-18 MOTION BY MARTHA PARSONS, SECONDED BY KATHY WOLF THAT RESOLUTION 280,
THE 507/MCKOWN ANNEXATION (ANX8073), BE APPROVED AND FORWARDED TO THE
BOUNDARY REVIEW BOARD. MOTION CARRIED.
Staff was directed to prepare letters for Tranquility Lane property
owners and to send the request to the Planning Commission for their
zoning recommendation.
9. Mayor Sanders informed Council of the resignation of Jim Brown from
the Planning Commission. He stated that Ethel Jo Curry had been
appointed to the vacant seat. Council confirmed the appointment.
10. A letter was received from the Pacific Peaks Girl Scout Council
setting cookie sale dates of March 1-22, 1993.
9,~-19 MOTION BY KATHY WOLF, SECONDED BY AMOS LAWTON APPROVING THE GIRL
SCOUT COOKIE SALE PROVIDED THAT THE GIRLS ARE ACCOMPANIED BY AN ADULT
WHILE MAKING SALES. MOTION CARRIED.
11. a. Cameron Variance (BLA/VAR8070) requesting deviation from City
established lot size and building set backs.
9~-20 MOTION BY KATHY WOLF, SECONDED BY DON MILLER APPROVING THE PLANNING
COMMISSION RECOMMENDATION ALLOWING THE CAMERON VARIANCE REQUEST
(BLA/VAR8070). MOTION CARRIED.
b. Council reviewed the proposed 1993 Development Fees - Resolution
No. 276.
9,~-21 MOTION BY MARTHA PARSONS, SECONDED KATHY WOLF APPROVING RESOLUTION
NO. 276 E5TABLiSHING 1993 DEVELOPMENT FEES. MOTION CARRIED.
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JANUARY 27, 1993
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c. As the Rodriguez Annexation request may be_ waived for
jurisdiction by the BRB being less than 10 acres (9.88), staff member
Stamm recommended going forward with the annexation.
MOTION BY AMOS LAWTON, SECONDED BY KATHY WOLF APPROVING RESOLUTIO
NO. 277, THE RODRIGUEZ ANNEXATION (ANX8081), ACCEPTING THE PROPOSAL
NOT REQUIRING SIMULTANEOUS ADOPTION OF ZONING, REQUIRING ASSUMPTIO:
OF CITY INDEBTEDNESS, NOT REQUIRING INCLUSION IN A LID OR LOCA:b
SEWER/WATER DISTRICT, WITH A ONE YEAR PERIOD TO COMPLETE. MOTION
CARRIED.
d. Mayor Sanders read a Proclamation appointing Arnold Drogseth as
Yelm Public Works Citizen Representative.
* Transcript available for agenda item 11, e, upon request.
e. Shelly Badger explained that Gene Borges, Sewer Project Manager,
had been out of the office for a few days due to illness and briefed
the Council on happenings to date.
Steve Gilbert, Parametrix, explained that bids had been opened on
January 15, with recommendation that the award go to Red Samm
Construction. The recommendation was based on Parametrix review of
Red Samm's references and discussions with engineers involved in
other public works projects completed by Samm. Gilbert was aware of
the protest and ,that it could ultimately affect the contract award.
Sandy Mackie, Yelm legal counsel, reviewed the situation for Council.
He requested that the record show that he is involved with a trust
for Pease & Sons, a sewer project bidder, and that he would have to
step down if Pease & Sons was considered. Mackie proceeded t~~
explain requirements of the bid process, pointing out that
minority/women owned business enterprise goals raise more protest
than any other issue. Mackie indicated that the apparent low.,b_idder
had answered all material elements and that items not completed could
be waived as not being significant. Mackie stated that if the bidder
elected to use a substitute during construction it would be
., permissible, as long as requirements are met.
Mackie's conclusion was that the bid was responsive and responsible
and should be referred onto the Department of Ecology, Farm Home
Administration and Environmental Protection Agency. He. stated that
it was appropriate to allow both parties to comment.
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When,. questioned by Council about the Minority Business
Enterprises/Women Business Enterprises form, Mackie explained that
it wouldn't matter if the form had been left blank intentionally or
as an oversight as the data was informative, not mandatory.
Mark Jensen, Project Manager for McClure & Sons Inc., stated that he
had no issue with the integrity or quality of Red Samm's work. He
said that the MBE/WBE form, along with the language in the contract,
was standard and indicative of requirements. He believed that the
checklist on front indicated .that the form was not optional and feels
that not completing the form "gives an unfair advantage as th
contractor could cut the price and shop for contractors after th~
CITY COUNCIL
JANUARY 27, 1993 PAGE 5
fact. He believed that Red Samm did not meet the required $~~0~~~0'0~
participation for MBE/WBE. He pointed out what he claimed was an
identical case with Parametrix in Tacoma and that if this form was
uniformly dropped a price difference would result on all bids.
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Sandy Mackie reviewed the Parametrix/Tacoma situation and pointed out
differences between the two situations.
Dan Krech, Red Samm, Inc., referred to the second page of the
advertisement for bid and pointed out that the MBE/WBE goal was to
be met to the maximum extent possible and that they were "goals" not
quotas, and were not mandatory. He also stated that all bids were
different and that the bid documentation doesn't say that the actual
dollar amount (MBE/WBE) information had to be supplied with the bid.
Mr. Krech stated that Red Samm was committed to 19g MBE/WBE and that
the percentage would continue to grow until all jobs were filled.
Councilman Miller asked if everyone had filled out that page. Steve
Gilbert, Parametrix, Inc., responded that all submissions had been
completed in various stages.
Sandy Mackie asked if the Council had any questions.
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MOTION BY AMOS LAWTON, SECONDED MARTHA PARSONS THAT THE PROTEST BE
DENIED AND THAT THE APPARENT RESPONSIBLE LOW BID (RED SAMM) BE SENT
ONTO DOE/EPA/FmHA FOR APPROVAL FOR AWARD. MOTION CARRIED.
f. Tim Peterson, Fire Marshal, Shelly Badger, Chief Administrative
Officer and Councilman Amos Lawton will renegotiate the contract with
Yelm Fire Protection District #2.
g. Yelm City Hall improvements.
MOTION BY ARNOLD DROGSETH, SECONDED BY DON MILLER ADOPTING RESOLUTION
NO. 278, IMPROVEMENTS TO CITY HALL. MOTION CARRIED.
h. Shelly Badger explained that a separate contract for Parametrix
engineering services was needed and that although this item was not
included in the 1993 budget most of the costs would be passed onto
the developer.
MOTION BY DON MILLER, SECONDED BY KATHY WOLF APPROVING AN ON CALL
SERVICES CONTRACT WITH PARAMETRIX, INC. MOTION CARRIED.
i. A special meeting to review and accept the low bid on a street
sweeper was set for 4:30 pm, February 3, 1993, City Hall Council
Chambers.
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12. a. UCBO SPECIAL USE ZONING (SUP8063) CONTINUED PUBLIC HEARING was
opened by Mayor Sanders at 10:15 p.m. All speakers were requested to
identify themselves prior to speaking and to add their names to the
sign-in sheet if they wished to speak or be included on the mailing
list for future public hearings concerning this issue. The audience
expressed no objection to any councilmember's participation in the
public hearing.
CITY COUNCIL
JANUARY 27, 1993
PAGE b
• ~~`0("~'~~~• Frank and Jackie Jones, neighbors to the project, thanked the Council
and staff for recognizing their concerns. Areas questioned included:
fence height, preferably six foot; type; location of Thrift Shop;
screening around refuse disposal area; and trash accumulation.
Rick Kolilis, pointed out that the parking was inadequate.
Cindy Cecil, "explained that the plan submitted was conceptual a,_,_
that changes would likely occur. She also said that existing trash
problems were due to the current location of the Thrift Shop and that
the new location would not have the same problems, and that fencing
and screening were planned. She expressed her willingness to
cooperate with the Jones'.
Councilman Miller stated that the Planning Commission should specify
the fence height during review of the site plan.
Councilwoman Wolf pointed out that while the original grant budget
did not include funding for the Thrift Shop, funds had 'become
available due to the grant only paying the down payment on the land
vs. the entire cost, and that it was always believed that the Thrift
Shop would eventually be located with the other services. She also
pointed out that the cost of maintaining two sites could be,
detrimental to a non-profit.
Roberta Longmire stated that she believes that the Planning
Commission always believed the site plan would include the Thrift
Shop.
There being no additional comment, Mayor Sanders closed the publ
hearing at 10:35 pm.
9.~-26 MOTION BY KATHY WOLF, SECONDED BY AMOS LAWTON ADOPTING ORDINANCE NO.
455 UCBO SPECIAL USE ZONING (SUP8063). MOTION CARRIED.
b. Commute Trip Reduction Plan, ORD 454 and Resolution No. 281.
9~-27 MOTION BY MARTHA PARSONS, SECONDED KATHY WOLF APPROVING RESOLUTION
NO. 281 ADOPTING THE CTR PLAN AND ORDINANCE NO. 454 IMPLEMENTING THE
MEASURES REQUIRED. MOTION CARRIED.
c. Harry Lewis/Crystal Springs Estates Rezone request.
9$-28 MOTION BY DON MILLER, SECONDED BY AMOS LAWTON ADOPTING RESOLUTION NO.
268. MOTION CARRIED..
d. City staff informed Council that the payoff of the Tompkins
Industries loan is $266,000 and that the prepayment penalty is very
small. Stamm indicated that after reviewing the contract he believed
it was written to result in a minimal fee. Upon receipt the money
would become available for loans to new businesses.
9~-29 MOTION BY MARTHA PARSONS, SECONDED BY AMOS LAWTON TO ACCEPT THE EARLY
PAYOFF IF FORMALLY REQUESTED. MOTION CARRIED.
e. Request to vacate Washington Ct. (Jones Ct.) (VCT8075) Ordinan.
No. 457.
CITY COUNCIL
JANUARY 27, 1993 PAGE 7
9~-30 MOTION BY DON MILLER, SECONDED .BY KATHY WOLF APPROVING ORDINAN,CE'~NO.
.. 4. ,-~.... :- Y., . ~~_.
457 WASHINGTON CT. VACATION~(VCT8075)'AS PRINTED. MOTION CARRIED.
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f. Morrey Stafford architectural agreement (UCBO).
9~-31 MOTION BY KATHY WOLF, SECONDED BY MARTHA PARSONS AUTHORIZING MAYOR
SANDERS TO SIGN THE .CONTRACT. MOTION CARRIED.
g. Mountainaire Ct. final plat approval (SUB8054).
9.~-32 MOTION BY DON MILLER, SECONDED BY KATHY WOLF TO APPROVE THE
MOUNTAINAIRE CT. FINAL PLAT WITH AGREEMENT THAT THE DEVELOPER WILL
BE SUBJECT TO ADDITIONAL COSTS IF THE WATERLINES DON'T MEET CITY
STANDARDS. MOTION CARRIED.
13. a. The Librarians' report indicated a 62~ circulation increase for
December '92 compared to December '91. The library will have a
display of West Africa artifacts in honor of Black History Month.
Faith said that the Search Committee has been looking for a new
director and will make a recommendation to the TRL Board tonight.
b. Stamm reviewed 1/4/93 and 1/25/93 Planning Commission meetings.
c., 2., Council Liaison Reports showed the Police Department
seeking approval of an expenditure of funds for a new computer
system.
9~-33 MOTION BY MARTHA PARSONS, SECONDED BY KATHY WOLF APPROVING
EXPENDITURE OF $6,700 FOR COMPUTER HARDWARE AND SOFTWARE AS
REQUESTED. MOTION CARRIED.
14. .Correspondence:
h. Glenn Dunnam urged Councilmembers to call their legislators re
Bill 5117 which would prohibit appointment of municipal court judges.
Dunnam has been with meeting with representatives and senators on
this issue.
Mayor Sanders read a letter of resignation submitted by Arnold
Drogseth.
Council adjourned at 11:15 pm on a motion by Arnold Drogseth,
seconded by Amos Lawton.
ATTEST:
Ag es P. Colombo
City Clerk
CITY COUNCIL
JANUARY 27, 1993
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Robert A. Sanders
Mayor
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