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05-10-95 Minutes CITY OF YELM CITY COUNCIL MINUTES, WEDNESDAY, MAY 10, 1995, 7:30 PM CITY HALL COUNCIL CHAMBERS Agenda/Motion Numbers 1. Mayor Wolf called the meeting to order at 7:30 pm. All present joined in the flag salute. 2. 95-83 3 . 95-84 4. 95-85 CITY COUNCIL MAY 10, 1995 Council present: Velma Curry, Amos Lawton, Bob Gallagher, Martha Parsons and Don Miller. Visitors: Kristina Lord, Nisqually Valley News; Richard & Evaline Reeder, Dennis Hugli, Leo Porter, Pat Clark and Carol Asmus. Lynn Kolilis and Paul Quails, Yelm Lions Club, Brenda Zigler and prairie Days Princesses Lynn Roe, Tara Dart and Teresa Schelle. Jean Sagan, Diane Dondero, Linda Thompson, and Debra, David and John Martinson. Staff: Shelly Badger, Gene Borges, Ken Garmann, Chief Glenn Dunnam and Agnes Colombo. Agenda additions/deletions. MOTION BY AMOS LAWTON, SECONDED BY BOB GALLAGHER APPROVING THE AGENDA WITH THE ADDITION OF 8. AWARD. CARRIED. Minutes of April 26 1995. MOTION BY DON MILLER, SECONDED BY AMOS LAWTON APPROVING MINUTES OF APRIL 26, 1995 AS PRINTED. CARRIED. Approval of Vouchers. MOTION BY MARTHA PARSONS, SECONDED BY BOB GALLAGHER APPROVING PAYMENT OF VOUCHERS #18102-18195 TOTALLING $83,661.11. CARRIED. 5. prairie Day Princesses - Lynn Kolilis introduced Brenda Zigler who has been working with the prairie Days Princesses. Prairie Days' Court Lynn Roe, Tara Dart and Teresa Schelle were introduced and they presented Mayor Wolf and Councilmembers with prairie Days' Buttons. 6 . Public Comment/Questions: (Bike Park) John Martinson - asked if Cochrane Park could be used as a bike park. Mayor Wolf explained that Cochrane Park property had been donated to the City with a requirement that it be kept as a natural park. Debra Martinson - indicated that she has property in the Ordway Drive area that she would be willing to have used as a bike park. Mayor Wolf suggested that as this is private property, Mrs. Martinson might want to contact her insurance company concerning this use. Chief Dunnam offered to meet with a Thurston Co. Sheriff's Department representative and Mrs. Martinson next week. When John Martinson questioned the possibility of using the open area located under power lines for a bike park, Gene Borges responded that the City could not participate in anything under power lines as a non-use right-of-way footage restriction applies. PAGE 1 (AMTEC) Linda Thompson - Expressed concern about the AMTEC expansion request under consideration by Olympic Air Pollution Control Authority at this time. The public hearing comment period will close 6/4/95. Ms. Thompson voiced concerns about the effects of polystyrene and what proposed emission increases, from 7 to 18 tons per year, would do when combined with existing emissions. Ms. Thompson indicated that she had found that research conclusions were not definite on the effects of polystyrene exposure. She questioned how exposure impacts children; what age levels/concentration levels are harmful; tolerance levels/toxicity/carcinogenic properties; and the amount of control possible through the Growth Management Act. Mayor Wolf explained that as the City lacks the resources to perform the type of monitoring needed, we contract with OAPCA to provide these services. OAPCA is the recognized authority, they determine the outcome on issues according to federal/state guidelines. They also monitor emissions. The mayor extended her appreciation for bringing this matter to the City's attention and expects that the city will hear from the OAPCA Board concerning this issue. Shelly Badger added that the city had several meetings with OAPCA in the last year and a half, but that due to its technical nature, does not get involved in monitoring/evaluation. OAPCA, Department of Ecology, EPA and the Thurston Co. Health Department are the experts in this area. The Growth Management Act referenced by Ms. Thompson offers control through zoning over expansions and/or increases in business activities. However, the business is appropriately zoned. Discussion followed concerning a method of eliminating polystyrene odors that had been looked at a few years ago, but not approved for installation. Jean Sagan - indicated that the reason the odor elimination had not been allowed was because it would mask the pollution odor which acts as an indicator of problems. According to Ms. Sagan, Hytec (Lasco) was emitting 102 tons p/year into the air in '92 and 259 tons by '93. 1994 amounts are unknown. She questioned if anyone was monitoring the emissions. And felt that if AMTEC reached the same levels everyone would be in trouble. Mayor Wolf responded that OAPCA performs monitoring. Ken Garmann added that OAPCA had equipment on City property (WW Treatment Plant) to monitor Lasco emissions from September- December of last year. Diane Dondero - remarked it is all one air. No matter who pollutes, it all comes down somewhere. And that she had visited a friend living in the Lasco area who mentioned not feeling well and her children's health problems. When Ms. Dondero checked out the symptoms of polystyrene exposure the CITY COUNCIL MAY 10, 1995 PAGE 2 95-86 95-87 CITY COUNCIL MAY 10, 1995 symptoms, fatigue and sinus and respiratory problems, matched those of her friends family. She questioned if City Council had the power to limit the expansion through zoning? Shelly Badger explained that the expansion is permitted outright by zoning with mitigation requirements through other agencies (OAPCA). And that as long as the company meets those standard requirements they may proceed. Mayor Wolf indicated that the City is aware of the situation, but has to believe that the monitoring agencies are doing their job in requiring that federal/state guidelines are being met. Follow up with the individual business owners was suggested as an additional way to voice their concerns · Speakers were thanked for their comments. Richard Reeder - explained that he had purchased property in the Yelm believing that he could replace the mobile home that had been located on that site. He has since found that he is not permitted to do as the grandfather clause expired. He requested Council's assistance with this matter. Shelly Badger responded that manufactured homes are not allowed on single lots in the City. As the Planning Commission public hearings have already been held, it was suggested that Mr. Reeder submit written comments so they may be considered when the code draft is reviewed by council in June. 7 . Vacant 8 . New Business: Mayor Wolf requested that Officer Brian Asmus come forward and presented him with the 1995 Kiwanis Officer of the Year Award. Carol Asmus pinned the badge to his shirt while observers applauded. a. Due to the AWC conference a date change for 6/28/95 meeting was suggested. MOTION BY BOB GALLAGHER, SECONDED BY AMOS LAWTON APPROVING A DATE CHANGE FOR THE SECOND MEETING IN JUNE. THE DATE WILL BE 6/27/95. CARRIED. b. Mayor Wolf read a letter from Community Youth Services announcing Chief Glenn Dunnam's selection as a 25th Anniversary Award recipient. Chief Dunnam was congratulated on his selection. 9 . Old Business: a. Animal Custody Agreement. Shelly Badger requested that this matter be postponed to the 5/24/95 meeting to allow time to complete research. MOTION BY DON MILLER, SECONDED BY VELMA CURRY POSTPONING THE ANIMAL CUSTODY AGREEMENT TO THE 5/24/95 MEETING. CARRIED. b. Mayor Wolf announced at 8:22 that Council would be going to executive session for approximately 20 minutes to discuss possible litigation. Mayor Wolf reopened the meeting at 8:40 pm. PAGE 3 10. Reports: a. Planning 1)2) The DCTED Comprehensive Plan Comments letter of 5/9/95 and '95 County Comprehensive Plan Update letter of 5/2/95 were reviewed. 3) Similar Use Determination - Staff report and motion (95- 14) from the 5/1/95 Yelm Planning Commission Minutes were provided. 95-88 MOTION BY DON MILLER, SECONDED BY BOB GALLAGHER APPROVING THE SIMILAR USE DETERMINATION FOR THE EXERCISEIHEALTH CLUB. CARRIED. 4) Copies of the Planning Department Update of 5/10/95, prepared by Cathie Carlson, Yelm planner, were provided. 5) Copies of a Mitigated DNS requiring AMTEC to secure approval and permits from the OAPCA were provided. 6) Short Course on Local Planning - 5/31/95, 7-10 pm, Worthington Center, please contact Shelly Badger if you wish to attend. 95-89 95-90 95-91 CITY COUNCIL MAY 10, 1995 b. Parks 1) Park Use Request, ABATE, 7/15/95, 4-6 pm. MOTION BY DON MILLER, SECONDED BY AMOS LAWTON APPROVING ABATE'S PARK USE REQUEST FOR 7/15/95. CARRIED. 2) Playground Equipment Information concerning the playground equipment selected by the Yelm Parks Advisory Committee was provided. Approval was requested for expenditure of $10,180 for purchase of playground equipment from Park & Playground Equipment in Olympia. Chief Dunnam will see if Ft. Lewis has a use for the equipment they constructed. MOTION BY BOB GALLAGHER, SECONDED BY MARTHA PARSONS APPROVING EXPENDITURE OF $10,180.00 FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AS RECOMMENDED BY THE YELM PARKS ADVISORY COMMITTEE. CARRIED. 3) Shelly Badger reported that the YPAC had recommended a "Future Home Ofll as an addition to the sign at Cochrane Park as well as road side improvements including grading and cleanup along Mill Rd. and planting wild flowers. c. Police - Chief Dunnam reported that no response had been received to his letter concerning the Nalh complaint. The five-year vehicle section of the Chief's Report, distributed at the meeting, needs to be adjusted. A '89 vehicle which Council had approved to surplus at a prior meeting was destroyed during EVOC training in Lacey. d) Public Works - Ken Garmann requested permission to surplus the old flat bed truck. MOTION BY DON MILLER, SECONDED BY AMOS LAWTON APPROVING REQUEST THAT THE OLD (' 74) FLAT BED TRUCK BE DECLARED AS SURPLUS. CARRIED. Items reported: 1 ) Yelm Ave. repaving; 2 ) Seminar in Roseburg, Oregon on STEP sewer equipment; 3) TIB and ISTEA grants; 4) Lights on Yelm Ave., puget Power has taken over task. Staff was asked to look into a pedestrian traffic problem at PAGE 4 Gordon's on 4th St. Complaints concerning use of a loud speaker were also discussed. e. Mayor's Report - 1) Meeting with Oliver Stevens, Yelm Senior Center , additional board members needed. Councilmember Curry will contact. 2) prairie Elementary School reading program. 3) Meeting with CAO. 4) IIDown the Drain and Back Again II water reuse play at Ft. Stevens Elementary School. Reuse slide program for high school students, not enough time between now and end of the year. 5) Pro Mega Program meeting. worthwhile program, should consider for other employees. 6) Thurston Regional Planing Council, possible the county may choose to not contract with TRPC for services. 7) AARP 8) Mayor's Forum, 9) Department of Ecology correspondence, 10) Aquifer Protection Area issue - approval by the county commissioners for county-wide ballot. 10) Final Vision Meeting on 5/18, YHS, 7 pm. 11) Fund availability for Councilmernbers to attend the AWC Convention on June 28, 29 and 30. 12) u.S. Representative Tate to be at Stockmarket on 5/13/95. 13) National Gypsy Moth EIS. f. Council Report - Councilmember Gallagher reported that he had met with Gene Borges on Waste Water Reuse. A meeting is scheduled for 5/2 3 with regulatory agencies, (DOE , Health Dept.) and involved developers. The 1st draft on the design proposal will be ready on Friday. Conversations with FHA/RDA (Rural Development Authority) re possible project financing - 43% loan and 57% grant. Other options are also being looked at. Councilmember Miller reported that he and Councilmember Lawton had taken the school VIP tour. Most rooms now have computers. g. Financial - Councilmember Gallagher reported that most budget items were close to estimates. Engineer ing costs however are well over allocation. h. Court Report showed 50 criminal citations and 88 infractions received in April '95. Copies of the civil Service Commission Rules and Regulations were distributed for review. Questions/comments to be brought to the 5/24 meeting with adoption by ordinance expected at the 6/14/95 meeting. Appreciation was expressed for Barb Christensen's work on this project. 11. Correspondence reviewed included the AWC update on Initiative 164 and Referendum 48. 12. The meeting adjourned at 9:42 pm. Attest: ~) flJ,Jr4- Kat yn M. Wolf, Mayor Clerk CITY COUNCIL MAY 10, 1995 PAGE 5