08-10-05 MINUTES
YELM CITY COUNCIL MEETING
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 10, 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, Bob Isom, Ron Harding. Excused:
Pat Fetterly
3. Agenda Approval
05-63 MOTION BY RON HARDING APPROVING THE AGENDA AS
PRESENTED. CARRIED.
Special Presentations
4. – Mayor Rivas welcomed Carol Morris, AWC Land
Use Hotline Attorney, who will be speaking on the Appearance of Fairness
Doctrine. Ms. Morris presented information about her background as a
municipal and land use attorney and provided an overview of the Appearance
of Fairness Doctrine including application of the doctrine to quasi-judicial land
use actions requiring a hearing, and contested cases. Key issues addressed
included the application and remedy to ex parte communication; the need to
not only be fair, but to also appear to be fair; the inquiry and challenge process;
bias disqualification; and the city attorney’s role, based on case law, in
determining the outcome of challenges and disqualifications.
In response to specific questioning, Ms. Morris identified the land use
application as a final trigger for limiting ex parte communications. She added
that the pre-submission level is an equally appropriate trigger, and that the
decision of when to apply the doctrine is entirely up to the elected officials;
they control the council meeting. She noted that city council meetings are
intended to provide elected officials with time to address city business on the
agenda, and that any council practice from baring all comment, outside of
public hearings, to less restrictive limits is acceptable.
Ms. Morris stated that written communication from the public, or verbal
testimony at a public hearing provides the appropriate avenue of public
communication for projects requiring a hearing. She also noted that written
communications should be received by/directed to city staff to be held in the
applicable project file until introduced into the record at the hearing. She
emphasized that in the matter of correspondence from the ACLU questioning
city practices in regards to public comment, the ACLU attorney was wrong.
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Mayor Rivas and Council indicated that their questions had been addressed and
thanked Ms. Morris for providing the presentation. Council requested that a
decision on the specific trigger for doctrine implementation be added to a
future study session agenda for discussion and policy consideration.
5. Public Comment
Jean Handley
, Thurston County, presented her interpretation of traditional city
practices when filing vacant council positions. She suggested breaking with
those traditions when filling the two seats created when the city’s population
reaches 5,000. Councilmember Isom addressed Ms. Handley’s incorrect
interpretation of the process pointing out that the City uses the required legal
process, and that anyone willing, qualified and able to serve can submit an
application.
Debbie Moss
, Thurston County, expressed concerns about growth impacts on
schools, roads, water, police protection, and Thompson Creek. Mayor Rivas
responded that developer requirements, including water rights, are set by the
state and pointed out that the school district boundary and population is much
larger than the city.
6. Consent Agenda
a. Council Minutes:
1) Regular Meeting, July 27, 2005
2) Study Session, July 28, 2005
b. Payables: Checks 25655- 25791 totaling $66,302.04
1) Manual Checks 25655-25723 totaling $7,760.06
2) Claims Checks 25624-25791 totaling $58,541.98
c. Final July 2005 Payroll, Checks 9521-9624 totaling $202,991.24
d. Park Use Requests
05-64 MOTION BY DON MILLER APPROVING THE CONSENT AGENDA AS
PRESENTED. CARRIED.
Public Hearing(s
7. )
Tacoma Terra Master Plan Development,
a. MDP-05-0067-YL, 880-1,200
Housing Units on 220 Acres Located South of Berry Valley Rd. and East of
Longmire Street. Mayor Rivas opened the public hearing at 8:30 pm,
announcing the time, place and purpose of the hearing. No objections to
participants were voiced.
Grant Beck reported that a public hearing was conducted by the Hearing
Examiner on July 11, 2005 on the Proposed Conceptual Master Site Plan, the
Final Master Site Plan, and Preliminary Plat Application for an 89 lot
subdivision. The hearing provided an opportunity for written/verbal testimony
from the applicants and audience members and testimony was entered into the
record.
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Mr. Beck’s slideshow presentation demonstrated the process and requirements
including traffic mitigation, wetland restoration, hazardous area protection,
storm water control, school, and police facilities, Comp Plan consistency,
water rights, and road improvements to Longmire Rd., Killion Rd., and the
realignment, construction and extension of Mosman St. linking the boulevard
to SR507.
Mayor Rivas opened the floor to applicant comment. Steve Chamberlain stated
that he has worked long and hard to meet city and state requirements and hopes
that Council will approve the project.
Mayor Rivas called for Council questions/comments. Discussion concerned a
change to the Conclusion 6, page 16 (agenda packet), sentence 1,
neighborhood commercial center should shall be improved, and public hearing
comments regarding right-of-way improvements, page 8 (agenda packet).
Mayor Rivas called for public comment.
Lloyd Steward
, Tarcy Tonda, spoke of changes he’s seen over the years and
felt that the planned development will bring too many children into the schools
and too many cars onto the roads. He stated that all development should stop
until Yelm gets where it should be.
Bill Hashim
, El Camino SE, spoke about downstream impacts and protecting
the aquifer recharge area, and the amount of impervious surface being planned.
He urged adoption and implementation of low impact development methods.
He presented copies of the Critical Areas Assistance Handbook, DOE Critical
Aquifer Recharge Guidance Document and Low Impact Development
Guidance Manual and urged adoption of in depth design standards that would
do justice to the Critical Aquifer Area.
Jean Handley
, Highland, expressed concern about adding neighborhood
commercial development that would compete with existing convenience stores,
coffee kiosks and other Yelm businesses.
Darlene Baker
, Berry Valley Rd., questioned planned lot sizes and set backs,
potential impacts on existing wells from adding so many new homes, and the
quality (modular?) of construction being planned.
James Flick
, Yelm Highway, questioned the existing traffic level and the
impact that additional homes will have on the traffic situation.
Alex Longoria,
Prairie Vista Loop supported the project for providing a free
market solution to rising housing costs and for requiring higher density
requirements that protect and preserve open space. He stated that when
comparing Yelm’s traffic to that of many different parts of the country that he
has lived in, Yelm’s traffic isn’t so bad.
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James Zukowski
, Fox Hill Rd, questioned that water rights being transferred
to the City might result in a drop in the water table decreasing water
availability downstream. He encouraged use of DOE specifications for any
gas/service station allowed in the development.
Being no response to the call for additional comment, Mayor Rivas closed the
public hearing at 9:15 pm.
05-65 MOTION BY BOB ISOM APPROVING THE CONCEPTUAL MASTER
SITE PLAN FOR THE TAHOMA TERRA MASTE PLAN
DEVELOPMENT (MDP-05-0067-YL) SUBJECT TO CONDITIONS
CONTAINED IN THE CONCLUSION WITH THE EXCEPTION THAT
CONCLUSION 6 BE CHANGED TO READ ‘PRIOR TO APPROVAL OF
ANY RESIDENTIAL DEVELOPMENT WEST OF THOMPSON CREEK,
THE NEIGHBORHOOD COMMERCIAL CENTER SHALL BE
IMPROVED AND READY FOR THE CONSTRUCTION OF
COMMERCIAL BUILDINGS’. CARRIED.
Critical Areas Code, Yelm Municipal Code Chapter 14.08.
b. Mayor Rivas
opened the public hearing at 9:30 pm, announcing the time, place and purpose
of the hearing.
Staff reviewed various action points in the process including Yelm Planning
Commission and sub-committee meetings, an open house, and a public
hearing. Mr. Beck reported that all updates and events were provided on the
City Web Site in addition to maintaining an electronic mailing list. An
electronic document received from Barb Wood and Jim Park earlier in the
week was entered into the record and distributed to council.
Mayor Rivas called for council questions/comments.
Discussion concerned the frequent flooded areas standard and the landslide
area.
Mayor Rivas called for public comment.
Bill Hashim,
El Camino SE, stated that the Critical Areas Ordinance meets
standards, but minimally. He wants Yelm to be better than the minimal
requirements. He is concerned about impervious surfaces and believes that
runoff can cause irreparable damage to the environment and result in suffering
for years to come.
Being no additional questions/comments, Mayor Rivas closed the hearing at
9:40 pm.
Yelm City Council Minutes Page 4 of 5
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05-66 MOTION BY BOB ISOM THAT ORDINANCE NO. 833 UPDATING THE
YELM CRITICAL AREAS CODE, CHAPTER 14.08 YELM MUNICIPAL
CODE BE TABLED TO A FUTURE MEETING FOLLOWING STUDY
SESSION DISCUSSION TO ADDRESS TECHNICAL QUESTIONS.
CARRIED.
New Business
8. – None scheduled
Old Business
9. – None scheduled
10. Mayor and Council Reports and Initiatives and Board/Commission
Business
Councilmember Miller
attended an event at Rosemont and the city ‘Pizza
Day’ pot luck.
Councilmember Baker
statedthat Rosemont has room available for meetings.
Councilmember Harding
attended a Transportation Policy Board meeting
where discussion concerned a south county study to determine where traffic is
coming from and where it’s going. He added that it’s difficult to mitigate
traffic you have no control over.
Mayor Rivas announced a $2 million federal appropriation for Yelm 510/507
for engineering, design and right-of-way acquisition.
Executive Session
11. – None scheduled
Correspondence
12. was provided.
Adjourn
13. : 9:50 pm
_______________________________________
Adam Rivas, Mayor
Attest:
_______________________________________
Agnes Bennick, City Clerk
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