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10-13-09 Minutes YELM CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 13, 2009 MINUTES 1. Call to Order -Mayor Pro Tem Robert Isom, called the meeting to order at 7:00 p.m. 2. Roll Call -Present: Don Miller, Joe Baker Pat Fetterly, John Thompson. Mike McGowan arrived at 7:02 p.m. (agenda item 6.) Excused: Russ Hendrickson 3. Agenda Approval 9-079 MOTION BY PAT FETTERLY APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations -none scheduled 5. Public Comment -Mayor Pro Tem Isom informed the two people who completed blue speaker cards, that the item they listed was on tonight's agenda Public Hearing and they would be able to speak at that time. There were no other comments. 6. Consent Agenda a. Minutes; Regular Meeting; September 8, 2009 and September 22, 2009; Study Session; September 23, 2009 and Special Meeting; September 25, 2009 b. Payable Checks 52006-52173, Totaling $876,632.67 9-080 MOTION BY PAT FETTERLY APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. 7. Public Hearing Amendment to Palisades West Subdivision continued from September 22, 2009. Mayor Pro Tem Isom continued the Hearing at 7:03. There were no objections or conflicts when asked of the Council. Grant Beck gave a staff report on the events related to the construction of the home on Lot 15 in the Palisades West Subdivision, recommending Council deny home occupancy without the two clear conditions completed; construction of a booster pump station for fire flow and residential water pressure and a sewer roll seal is installed by the developer and approved by the City of Yelm. These were known condition because the elevation of this development property is in different pressure zone. Water flows do not meet Dept of Health and International Fire Codes without conditions being met as noted in initial application. Tim Peterson, Public Works Director added that the Water Department staff, who are state certified, are unable to sign off on the condition of the water needs for this residence for safe home occupancy without the conditions met. Ben Cushman, Attorney, Cushman Law Offices representing the Smith family. Mr. Cushman provided an opinion letter from Vince McClure, Professional Engineer regarding the conditions of the plat was based on the entire build out of 24 homes, not the needs of one residence on the hill. Mr. Cushman also provided points to make on behalf of his client; proposing a plat amendment as H/council/10-13-09 p~~~q~ , n t an exception to these two conditions to Lot 15 only, and thereby allowing a certificate of occupancy be issued to allow this family to move into this residence. He further stated that the Fire District has discussed their ability to successfully foil a fire at this residence because of the close proximity to the station and the use of two hydrants. Mr. Cushman was unable to find a regulation, other than the condition of the plat approval, requiring every single family home in Yelm to install a sewer roll seal. Further, he stated, that the Smiths have agreed to sign a Release and agree to waive any claims due to events related to fire or sewer as a condition, if allowed occupancy. If liability is the City's concern, they should also consider the liability of a vacant home. Mr. Cushman introduced Mr. Smith. Andy Smith, Yelm, showed a photo of the house and introduced his family; his wife, two sons and a daughter and spoke of their experience moving to Yelm after multiple moves in the military and their children attending school here. They are anxious to get into the house and feel they are the type of family the Yelm would welcome. Grant Beck remarked on the letter from the engineer incorrectly makes assumption about the authority of the Fire Department. The Fire Official is in fact Gary Carlson from the City of Yelm Building Department. Further the sewer system is not a gravity sewer but a step sewer. Mr. Cushman remarked that terminology only, not their assumptions. Dan Lee, Triance Homes, stated that a domestic pressure tank was installed to provide adequate pressure. He expressed concern for the safety of the family and the home would be better served by the house being occupied. Tim Peterson explained that the two hydrants are on the same water line, limiting the pressure of the water from the hydrants. Control of a pressure tank must be in control of the city to address concerns for domestic pressure in the water line and the sewer flow. Councilmember Thompson was sympathetic to the family but suggested that this item be tabled to allow the City's attorney to further review the items brought forward prior to Council vote. Councilmember Fetterly agreed. The Council's fiduciary responsibility lies with the city's citizens. Council continued with questions for the buyer, developer, attorney and staff. 1) State of the water issue prior to this construction. Private wells. Water service was extended to this development. 2) Was home buyer aware of conditions expected of the developer? Not until the economy declined and the home was 50% complete. 3) Timeline for development and concern for home buyer's expectations and current housing. Mr. Cushman indicated he would be agreeable to discussion with Brent Dille and stressed to Council that they are not obligated to follow recommendations of staff. 4) What are the liabilities for the City? 5) Is the home safe to move into for family? 6) With fire flow aside, is current domestic pressure adequate? H/councill10-13-09 Page 2 of 4 7) Building permit issued for home owner or model home construction? 8) How would waiver affect the other 23 homes? Grant Beck indicated that Brent Dille concurs with the staff report as presented. Mayor Pro Tem Isom closed the Public Hearing at 7:53 p.m. 9-081 MOTION BY PAT FETTERLY TO TABLE THIS ITEM UNTIL THE OCTOBER 27, 2009 COUNCIL MEETING AND THE CITY OF YELM ATTORNEY HAD AN OPPORTUNITY TO REVIEW THE WAIVER AND MEET WITH AND CONSIDER AN OPTION AGREEABLE TO ALL PARTIES. CARRIED. 8. New Business -none scheduled b. Resolution No. 503, Amendment to Terms of Killion Interfund Loan Sue Davis explained that the Finance Committee met to review the revenue and expenditures of the biennial budget. Resolution 503 would amend the terms of an interfund loan from Fund 413 Sewer Capital Improvement Fund to 310 Killion Rd Improvement Fund by extending the loan from one year to three years. Term interest would remain, but extended time would allow the accumulation of the LID assessment payments for re-payment of the loan and interest. 9-082 MOTION BY JOHN THOMPSON APPROVING RESOLUTION NO. 503 AMENDING THE TERMS OF AN INTERFUND LOAD FROM FUND 413 SEWER CAPITAL IMPROVEMENT FUND TO FUND 310 KILLION ROAD IMPROVEMENT FUND. CARRIED c.. Ordinance No. 912, Budget Amendment Biennial Review. Sue Davis continued, requesting amendment to the 2009-2010 Biennial Budget to account for transfer of funds from the General Fund for payment of principal and interest on the Public Safety Building Limited Tax General Obligation Bond Fund; to correct a receipt payment into the School Resource Fund 109; transfer from the Cumulative Reserve Fun 104 to the Longmire Community Park Fund 314 until reimbursement from an awarded grant for Longmire Park Restroom Facilities Project and authorize 2008 expenditure for final Killion Road Improvement engineering costs. 9-083 MOTION BY JOHN THOMPSON ADOPTING ORDINANCE NO. 912 AMENDING THE 2009-2010 BIENNIAL BUDGET ALLOWING TRANSFER FROM GENERAL FUND AND RESERVE FUND FOR REVENUE AND EXPENDITURES. CARRIED. 9. Old Business- none scheduled 10. Mayor and City Council Reports Councilmember Baker reported that the Adult Senior Center financial situation continues to improve. Covered walkway was completed and a second 12 passenger van to transport seniors from Intercity Transit was granted. Reported from Intercity Transit on 1 Sc place award ceremony held in Florida. Councilmember McGowan met with the TC Housing Authority to further discuss the Neighborhood Stabilization Program Part 1 contract for the administration of the funding for 12-14 qualified family's housing. Rental assistance vouchers for South County rural area allocated 15 vouchers for this County through HOME Consortium. Attended TC HOME Consortium meeting; 211 United Way update H/council/10-13-09 Page 3 of 4 available, tax credits status waiting, organize community outreach. Councilmember Fetterly deferred to Shelly Badger to report on Yelm Emergency Operations Board. Thurston County Health Department will brief Public Managers on outreach directly to Council on information on H1M1 virus. 11. Executive Sessions -none scheduled. 12. Correspondence included an invitation to attend or donate to TOGETHER for prevention of youth violence, alcohol, tobacco, and drug abuse. For more information; infoCu~thurstonTOGETHER.org . AWC will host several regional meetings for elected officials, one locally in Tacoma on October 28, 2009. 13. Adjourn: 8:15 Ron Hardin ;Mayor Attes ZG - ~ Jani ' Schnepf, City Cler H/council/10-13-09 Page 4 of 4