02-27-02 Minutes
OPENING
YELM CITY COUNICL
MINUTES
REGULAR MEETING
WEDNESDAY, FEBRUARY 27,2002
1. Mayor Rivas called the meeting to order at 7:30 p.m.
Council present: John Thompson, Bob Isom, Ron Harding and Pat Fetterly.
Don Miller was excused.
2.
02-17
3.
Agenda Approval:
MOTION BY BOB ISOM, SECONDED BY JOHN THOMPSON APPROVING
THE AGENDA AS PRESENTED. CARRIED.
Public Comment - None
CONSENT CALENDAR
4.
5.
a.
b.
6.
02-18
Minutes: February 13, 2002 regular meeting.
Approval of Payments: Checks 16999-17069, Totaling $28,452.20
Claims vouchers: 17023-17069, Totaling $27,482.51
Manual checks: 16999-17020, Totaling $969.69
Payroll Approval: Preliminary February 2002
MOTION BY JOHN THOMPSON, SECONDED BY PAT FETTERLY
APPROVING CONSENT CALENDAR ITEMS AS PRESENTED. CARRIED.
NEW BUSINESS
7. PUBLIC HEARING - Hearing Examiner, Chapter 2.26 and Related Code
Amendments. Mayor Rivas opened the Public Hearing at 7:34 p.m.
announcing the date, time, place, and purpose of the public hearing. No
objections to participants were voiced. Councilmember Harding indicated
that he had attended a Planning Commission meeting where there was brief
discussion on this matter.
Cathie Carlson reported that the Planning Commission held a Public Hearing
and voted to forward the ordinance to Council as written. She reviewed the
section on Appointment and Term and noted that additional specifications
had been added to the Qualifications section. Powers and Duties assigned to
the Hearing Examiner remove some of the more complex Planning
Commission functions, but allow the Commission to spend more time
working on Comprehensive Plan issues, policy development and ordinances.
The attorney is investigating if item #4, Final Plat Review, can be performed
by staff.
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Some additional amendments to the ordinance may be needed later.
Questions concerning the appeal process were clarified in Section 16.32.110.
Mayor Rivas called for comment. Being none, Mayor Rivas closed the public
hearing at 7:46 p.m.
02-19
MOTION BY BOB ISOM, SECONDED BY PAT FETTERLY ADOPTING
ORDINANCE # 754 ESTABLISHING A HEARING EXAMINER PROCESS
WITH THE PROVISION THAT SECTION 2.26.090 B. #4, FINAL PLAT, BE
DELETED FROM DUTIES. CARRIED.
8.
PUBLIC HEARING - Proposed Amendments to Adult Entertainment
Business, Ordinances 736 and 737. Mayor Rivas opened the public hearing
at 7:49 p.m. announcing the date, time, place, and purpose of the public
hearing. No objections to participants were voiced.
Shelly Badger gave staff report asking for direction on ordinance
amendments. Background was provided regarding types of adult business
allowed by zoning and licensing regulations. She added that the Planning
Commission reviewed and held a Public Hearing on the proposed
amendments.
Proposed amendments include adding findings from the Cincinnati
ordinance, changing the term massage parlor to Adult Entertainment Parlor,
adding a Special Use Permit process for all types of Adult Entertainment
Businesses, adding all public facilities to sensitive land uses, adding some
terms to the definitions section, and updating licensing requirements, hours
of operation, conduct standards, staffing licensing, tips, and management
responsibilities.
Mayor Rivas called for comment. Councilmembers expressed concern about
the short time allowed to review the lengthy ordinance restricting business
owner's rights while maintaining strength of limits. Council requested that the
issue be continued to the March 27 meeting. Shelly Badger stated that an
ordinance was already in place and the public hearing could be continued.
Staff was asked to provide a map of the areas where zoning would allow
siting of adult businesses.
02-20
MOTION BY BOB ISOM, SECONDED BY JOHN THOMPSON TO
CONTINUE ADULT ENTERTAINMENT BUSINESS PUBLIC HEARING AND
DECISION ON ORDINANCE 736 AND 737 AMENDMENTS TO MARCH 27,
2002. CARRIED.
Mayor Rivas continued the public hearing to March 27,2002, and reopened
the regular meeting at 8:06 p.m.
9. Ordinance No. 755 - Budget Amendment to 2002 Salary Schedule. Mayor
Rivas called for the staff report.
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Stephanie Conners gave an overview of the staff report explaining that the
WWTP operates 7 days a week with someone available on call 24 hour a
day. Jim Doty will be out for approximately six weeks following surgery and a
certified person is needed to fill in during that period. Mike Faber is currently
working for the City as part of the Labor and Industries retraining program.
His training period will be completed 3/15/02 and he will be looking for
employment elsewhere. Staff requested approval to extend Mike Faber's
employment as a temporary hire until May 15th, when Jim Doty returns from
leave.
02-21
MOTION BY BOB ISOM, SECONDED BY RON HARDING, ADOPTING
ORDINACE NO. 755 AMENDING THE 2002 BUDGET AND SALARY
SCHEDULE BY ADDING A TEMPORARY SEWER TREATMENT
POSITION. CARRIED.
10.
Cabaret License Application - Yelm Pit Stop Pub. Agnes Bennick presented
staff report on cabaret license application requirements and procedures for
renewal and cancellation. A signed agreement between the owner and City is
required and has been obtained and the required inspection has been
completed Council approval is needed to issue the license.
02-22
MOTION BY BOB ISOM, SECONDED BY RON HARDING, APPROVING
CABARET LICENSE APPLICATION FOR YELM PIT STOP PUB. CARRIED.
OLD BUSINESS
11. Thurston County Medic One Paramedic Station - CUP-01-8301-YL
Application for Special Use Permit. Mayor Rivas called for a staff report.
Tami Merriman reported that Thurston County Medic One has applied for a
Special Use Permit as required in conditions of the original six month
temporary zoning relief agreement approved by Council. Their intent to
remain in their current location on West Road until a permanent site is found,
or the property owner has another use for the site. No changes are planned
for the property or operations while in Medic One use. Concerns expressed
in the Public Hearings regarding the sewer step tank, parking, set backs,
zoning, and stormwater have been researched. The Planning Commission
reviewed and approved the request to be forwarded to City Council based on
findings.
Councilwoman Fetterly asked if a time limitation could be included as an
incentive for unit to actively seek a permanent site.
Steve Romines, Thurston County Medic One representative responded that
they are actively looking for a contractor. The current contract with Grand
Mound expires at the end of 2002, at which time they hope a new contractor
will be ready to set up a permanent location.
Mayor Rivas stressed the importance of continued Medic One services in the
community. Councilman Harding offered his services as a mediator with
contractor.
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02-23
MOTION BY BOB ISOM, SECONDED BY RON HARDING APPROVING
SPECIAL USE PERMIT CUP-01-8301-YL MEDIC ONE STATION.
Abstain: John Thompson, Opposed: Pat Fetterly. MOTION FAILED.
Councilwoman Fetterly again requested addition of a time limitation on the
special use permit for approval.
Brent Dille, City Attorney, and Shelly Badger responded that time limits
cannot legally be placed on the permit. The Special Use Permit review is for
compliance with Yelm land use codes and the project is in compliance with
those (land use) codes. The time restriction is a separate issue related to
Medic One's contract and should be addressed at another time.
02-24 MOTION BY BOB ISOM, SECONDED BY RON HARDING APPROVING
SPECIAL USE PERMIT CUP-01-8301-YL MEDIC ONE STATION.
CARRIED. Abstained: John Thompson.
Steve Romines thanked Council and the property neighbors for their
cooperation.
12. Clarification Mayor ProTem Appointment Process. Mayor Rivas called for the
staff report.
Brent Dille reviewed his findings on interpretation of language in the Revised
Code of Washington regarding terms for the mayor pro tem. Based upon his
findings (RCW and Black's Law Dictionary) his interpretation is that a biennial
event occurs once every two years thus every two years the new council
(which could be a combination of new, old, and reelected members, may
appoint a mayor pro tem.
Councilmember Harding respectfully disagreed with the attorney's
interpretation. Discussion followed regarding the representation rights of the
new council and the ongoing conflict with the election cycle and the current
Pro Tem term and the need for a policy to address the issue.
02-25
MOTION BY BOB ISOM, SECONDED BY RON HARDING DIRECTING
STAFF TO DRAFT ORDINANCE APPOINTING MAYOR PRO TEM EVERY
TWO YEARS COINCIDING WITH COUNCIL ELECTIONS CARRIED.
13.
Final Plat- Crystal Creek Estates (formerly Huntington Greens II)
Mayor Rivas called for staff report. Tami Merriman reviewed her staff report
indicating that conditions of the preliminary plat have been met and the two
previous concerns of a through street and Yelm Creek have been addressed.
Open space requirements were allowed in the shoreline restriction area and
the stormwater storage is underground. Other requirements have been met
including educational pathway to creek providing environmental site use. All
fees are paid and complete.
Council asked if open space in a shoreline area has any legal questions.
It is allowed in Shoreline Management Act. The other condition of the final
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plat is that they can not connect to the site addressed previously. Does
provide possible continuation to north property as posted. Emergency vehicle
access is sufficient.
02-26
MOTION BY JOHN THOMPSON, SECONDED BY RON HARDING
APPROVING FINAL PLAT FOR CRYSTAL CREEK ESTATES. CARRIED.
REPORTS
14. Mayors Report - March 1 is the date of the next Mayor's jail meeting.
15. Councilmembers Meetinqs/Activities
a. Councilmember Miller: (Excused)
Public Works - the written report was provided.
b. Councilmember Thompson:
City Hall - the written report was reviewed.
Police Department - the written report was reviewed.
Economic Development Council - He attended an EDC meeting where he
was assigned to three new sub committees and he will be appearing before
the various Councils stressing the importance of continued support of EDC
for local job development.
Other Meetings/Assignments: He attended the 1st annual Together meeting
as Mayor Pro Tem where Cecelia Jenkins was honored from our area
acknowledging her support of kids.
Agnes Bennick added that Barb Bange, Civil Service Secretary, had spent
numerous extra hours designing and processing applications for new and
vacant Police positions and for coordinating physical and board testing in
addition to maintaining her daily tasks. Kudos from Council to both Barb and
the Police department for their continued work.
John Thompson asked about progress on replacement of Cochrane Park
benches. Tim Peterson reported that they are here and are on the list to be
welded into place when time allows.
c. Councilmember Isom:
Court - a written report was provided.
TCHVTF - Mayor Rivas stated that the Thurston County Home Visitation
Task Force meetings are held at 1 p.m. making it difficult for Councilmember
Isom to attend, but he will continue to attend as possible...
d. Councilmember Harding:
Community Development Department - the Community Development
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Department report was reviewed. Staff is working on stormwater manual and
will brief council through out the year.
Planning Commission - He attended the Planning Commission meeting.
Intercity Transit - He also attended an Intercity Transit meeting where they
discussed license tab shortfall and contracts for placing advertising on buses.
SWAC - He attended a SWAC meeting discussing future topics. Lacking
quorum, no action was taken. Notice to look for flyers regarding a long lasting
weed killer chemical identified in local compost.
Other meetings/assignments - He commented on the improvement of lighting
on Yelm Ave. Tim Peterson reported that the wattage was doubled in the
street lights and the arms were extended over the crosswalks.
e. Councilmember Fetterly
Nisqually River Council- members viewed film on salmon recovery in our
area and reviewed new Web page. She is unable to attend next two N.R.C.
meetings and will meet with Shelly to discuss a representative.
Other meetings/assignments: She had lunch at Senior Center where
everyone is still waiting anxiously for the final decision on the grant.
progressing on grant application.
She requested notification of next department head meeting, (Tuesday,
March 5,8:30 a.m.)
CORRESPONDENCE
Agnes Bennick added she received e-mail from AWC regarding a proposal
that would combine a sales tax increase and a redistribution of 20olc> of the
existing tax to offset MVET backfill losses. Under the proposal most cities
wo d e~perience a revenue gain.
Attest:
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