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06-27-01Minutes YELM CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 27, 2001, 7:30 P.M. OPENING 1. Mayor Rivas called the meeting to order at 7:30 p.m. Council present: Don Miller, Glen Cunningham and JW Foster. Excused: John Thompson and Bob Isom 2. Agenda Approval 01-67 MOTION BY JW FOSTER, SECONDED BY GLEN CUNNINGHAM APPROVING THE AGENDA WITH THE ADDITION OF INTRODUCTIONS AS ITEM 3A AND ADVANCING ITEM 8 BEFORE ITEM 7, IF THE SPEAKER IS PRESENT. CARRIED. 3. Public Comment - None a. Introductions: Chief Asmus introduced new reserve officers Joe Kelly and Donald Moody, and administered an oath to Officer Kelly. Cathie Carlson introduced Jim Gibson, the new city engineer. CONSENT CALENDAR 4. Minutes: June 13, 2001 5. Payments: Checks 15341-15428, Totaling $296,078.73 a. Claims Checks: 15342 & 15356 - 15427, Totaling $295,078.73 b. Manual Checks: 15341 and 15343 - 15355, Totaling $670.00 6. Payroll: Preliminary June 2001 01-68 MOTION BY DON MILLER, SECONDED BY GLEN CUNNINGHAM APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. NEW BUSINESS Mayor Rivas announced that agendas and ordinance copies were available on the side table, and requested that individuals wanting to speak during the Yelm City Council Minutes ab/city council/2001/06-27-01 Page 1 of 8 public hearing complete and turn in a speaker's card to the recorder. He explained that elected officials recognize that they face different responsibilities when considering the needs of the City of Yelm's taxpayers vs. considering the needs of the larger surrounding community. Mayor Rivas added that the City had twice imposed six-month moratoriums on adult entertainment businesses to allow staff time to prepare these ordinances. Staff was commended for the time and care invested in researching and preparing the ordinances. Mayor Rivas added that the City has not received any applications at this time, and that the proposed ordinances lay the groundwork and establish management processes and procedures in the event an application is submitted. 7. Public Hearinq - Zoninq Code Amendments. Mayor Rivas opened the public hearing at 7:40 p.m. announcing the date, place and purpose of the hearing. No conflicts or objections to participants were stated. Shelly Badger explained that adopting ordinances establishing regulations for locating and licensing adult entertainment businesses provides more control to the City in the event an application is submitted. In preparing the ordinances the goal was to make the ordinances as restrictive as possible without violating constitutional rights. On June 18, 2001, the Yelm Planning Commission conducted a public hearing and after considering the information provided and public testimony, the Commission took action recommending approval and forwarding the ordinances to the City Council. The Commission also requested that staff review the Spokane and Cincinnati ordinances and provide a report to the Commission in July for review and possible future amendments to Yelm's ordinances. Staff reviewed permitting requirements for the two categories of Adult Entertainment Facilities explaining where each category would be permitted, the distance requirements from similar businesses and from sensitive land uses, and licensing and inspection requirements. Mayor Rivas called upon individuals who had submitted speaker's cards. Deborah Deshaies - provided printouts from the Long Island Citizens for Community Values and reviewed handout statistics concerning child molestation, sexual violence consumption, the addictive nature of pornography, and the secondary effects of sexually oriented businesses including a significant increase in violent sex crimes and a significant decrease in property value. Ms. Deshaies added that the road to high community standards begins with a strong message that soft-core pornography is unacceptable. Rex Niblack - expressed concern about the possibility of adult businesses coming to Yelm. He commended the City for taking a proactive role in adopting ordinances and putting regulations in place as a precautionary measure. He expressed his belief that everyone supports keeping these businesses completely out of the Yelm area, and feels there is nothing positive about these businesses. He also pointed out the link between serial killers and their Yelm City Council Minutes ab/city council/2001 /06-27 -01 Page 2 of 8 addiction to pornography. He encouraged Council to be as strict as possible in Yelm's ordinances and pointed out the higher spatial distances used in some other communities. Audience member (Name inaudible) - Question pertained to the number of licenses that could be issued. Mayor Rivas responded that there is no limit on the number of licenses, but that there is a prohibition against locating facilities within certain distances of each other or sensitive land uses. Paul Porter - stated that he works with youth within his church and expressed his concern at the message this sends to people raising families. He pointed out the additional workload this could create for the police department. Mr. Porter feels that Yelm is special and a safe community in which he can raise his children. However it is also an easy community to lose yourself in, and these (adult entertainment) types of businesses increase opportunities for those individuals (wanting to be unnoticed). He urged Council to do everything possible to protect the citizens and youth of our community. Mark Tietjen's letter expressing his appreciation for action being taken to restrict the development of adult businesses was entered into the record. Being no additional public comment, Mayor Rivas called for Council questions/comments. Discussion topics included: distance variations in other communities, fee structures and if an exorbitant license fee would be considered in effect a ban, and the sensitive land use definition and county regulations for adjacent areas. Councilmember Foster commended the Yelm Planning Commission and staff for taking a two-strike approach, first with zoning, then licensing, and stated that this goes as far as the City can towards prevention. He also pointed out that there are other actions that community members can take to prevent these types of businesses from coming to Yelm. Mayor Rivas thanked Julie Graber and the Nisqually Valley News for a recent article and editorial concerning the ordinances before Council. Being no additional comment, Mayor Rivas closed the hearing at 8: 1 0 p.m. It was noted that staff continues to gather information and that amendments are possible. Any proposed changes would go first to the Yelm Planning Commission and then to City Council. Mayor Rivas pointed out that the existing moratorium would expire in less than four hours. 01-69 MOTION BY DON MILLER, SECONDED BY GLEN CUNNINGHAM ADOPTING ORDINANCE 736, ADULT ENTERTAINMENT FACILITIES. CARRIED. 01-70 MOTION BY GLEN CUNNINGHAM, SECONDED BY JW FOSTER ADOPTING ORDINANCE 737, ADULT ENTERTAINMENT BUSINESSES. CARRIED. Yelm City Council Minutes ab/city cou nci 1/200 1/06-27 -01 Page 3 of 8 8. Medic I Services Update - Cheryle Edman, Emergency Medical Services Council Chair and South County Mayor's Representative. Ms. Edman provided a handout addressing the EMS Council Planning Committee structure and responsibilities, and overview of the Medic 2-Yelm Fire District #2 situation. Lacking a contract with Yelm Fire District #2, the Medic Unit currently located in Yelm is operating on a month-to-month basis. Meanwhile, the EMS Council continues to meet to develop and consider options and eventually make a recommendation. Mayor Rivas thanked Ms. Edman for appearing and invited her to report back to Council regularly. 9. Greenwell Appeal (APP-01-8283-YL) of 5/21/01 Planning Commission Decision on (BSP-01-8275-YL) Yelm Multi Family. Mayor Rivas called for the staff report. Tami Merriman provided an overview of the history of the proposal leading to the appeal. The proposal is for a 44-unit apartment complex on two acres located south of and behind Safeway. The lot would be divided through a binding site plan process. Public notices were prepared and sent out, a Mitigated Determination of Nonsignificance was issued and the project went through a site plan review. Evaluation during the site plan review process found that the project met requirements for a density bonus, allowing a maximum of 48 units on the site. Civil plans were reviewed for compliance with Yelm Development Guidelines, (DOE) Stormwater Management Requirements, and general civil engineering standards. A Yelm Planning Commission Public Hearing was scheduled and advertised for 5/21/01. At the public hearing, neighboring property owners voiced their opposition to the proposed apartment complex being located adjacent to their single-family residences. The Planning Commission approved the staff recommendation conditioning the approval and placed two additional conditions on the approval lot based upon public testimony. The new conditions of approval address fire flow and egress and ingress through the Safeway parking. Following the Notice of Final Decision approving the proposal with conditions an appeal was submitted to the City. Appeal items were related and categorized as traffic, infrastructure, garbage, wildlife and quality of life issues and addressed with a determination that the City's minimum standards for each category were met. Mayor Rivas called speakers. Mary DeSoto - declined speaking at this time. Emilie Greenwell- pointed out that although this is called the Greenwell Appeal, 31 of her neighbors contributed to and are listed on the appeal, this is a neighborhood effort and reflects what the neighborhood is feeling about the situation. Ms. Greenwell questioned if notices were mailed to/received by the Yelm City Council Minutes ab/city council/2001 /06-27 -01 Page 4 of 8 other appellants. Ms Greenwell indicated that they understand that the proposal meets City requirements/codes, but what happens to their neighborhood is about a lot more than just zoning and codes, it's about homeowners, the way they live their lives, their neighborhood and children. Concerns addressed by Ms. Greenwell: . Property values, a realtor indicated that the project would reduce property values in the neighborhood by up to 100/0. . Privacy, the building is 21/2 stories tall and 25 feet from her back fence . Safety and traffic, there are a lot of kids in the neighborhood and this project will generate a lot more traffic. . Changing the character of the neighborhood, homeowner VS. renter attitudes. . Noise, will I hear car motors at my back fence in the middle of the n ig ht? . Water pressure · Destruction of habitat, losing the trees, rabbits, birds that are there now. Ms. Greenwell indicated that a realtor had told recent purchasers that some kind of agreement requiring a buffer/greenbelt between Safeway and the neighborhood had been negotiated. Neighborhood residents understand that the project meets zoning and that there is a need for rental housing, and that Yelm is a growing city, but you (Council) are our representatives and we are citizens of the City of Yelm with major concerns about how our neighborhoods will be impacted. Mayor Rivas called for Council comments/questions. Topics discussed included: Growth pressures experienced citywide and Council responsibilities to insure that ordinances and codes are in place to guide that growth. Parking requirements and possible ways of limiting the number of vehicles to ensure emergency access. Water pressure fluctuations reportedly registering from 40 to 105. Jim Gibson, city engineer, provided information on normal flows and asked to be contacted if such a variation of pressure is experienced again. He explained that there is adequate supply and pressure and that the Water Comprehensive Plan includes plans to loop the water supply in that area. Mayor Rivas questioned "who" it was that told homeowner's of the greenbelt? He added that the City's legal processes have been established and put in place as a guide and the Planning Commission and Council' responsibilities are to see that they are upheld. Staff reported that when the agenda was prepared on Thursday (6/21/01) it was sent to all the individuals listed as part of the appeal. 01-71 MOTION BY JW FOSTER, SECONDED BY DON MILLER TO UPHOLD THE PLANNING COMMISSION DECISION APPROVING CASE #BSP-01-8275-YL AS CONDITIONED. CARRIED. OPPOSED: GLEN CUNNINGHAM. Yelm City Council Minutes ab/city council/200 1/06-27-01 Page 5 of 8 10. Ordinance NO.7 40, Budget Amendment, new Community Development Department position. Cathie Carlson reviewed the staff analysis and proposed duties of the new part-time office assistant. 01-72 MOTION BY GLEN CUNNINGHAM, SECONDED BY JW FOSTER ADOPTING ORDINANCE 740 AMENDING THE 2001 BUDGET BY ADDING A PART-TIME OFFICE ASSISTANT POSITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT. CARRIED. 11. Ordinance No. 739, Budget Amendment authorizing two employees to receive cash in lieu of medical insurance. Agnes Bennick explained that this is a routine process necessary to allow employees to withdraw from the medical insurance program and receive cash instead. 01-73 MOTION BY DON MILLER, SECONDED BY JW FOSTER ADOPTING ORDINANCE 731 AMENDING THE 2001 BUDGET BY PROVIDING CASH IN LEIU OF MEDICAL INSURANCE FOR TWO STAFF MEMBERS. CARRIED. 11. A. Ordinance No. 738, Budget Amendment adding a permanent part-time office assistant position to the Public Works Department Budget. Shelly Badger reviewed the need for additional help at the new PW Facility. 01-74 MOTION BY JW FOSTER, SECONDED BY DON MILLER ADOPTING ORD 738 AMENDING THE 2001 BUDGET BY ADDING A PART-TIME OFFICE ASSISTANT POSITION TO PUBLIC WORKS DEPARTMENT. CARRIED. OLD BUSINESS 12. Resolution No. 412, Meeting and Customer Relations Expenses. Agnes Bennick reported that this resolution was drafted in response to Council's request and provides a written policy to deal with specific situations. 01-75 MOTION BY DON MILLER, SECONDED BY JW FOSTER APPROVING RESOLUTION 412 A MEETING AND CUSTOMER RELATIONS EXPENSE POLICY. CARRIED. REPORTS 13. Councilmember Miller - Liaison Reports a. Court - A written Municipal Court report for May 2001 was provided. b. Financial - An overview of a program offering a credit card payment option for customers was presented. All fees are paid by the customer and collected by the company with no cost to the city. Credit card payments would not be accepted at city facilities, the customer would initiate credit card payments by either calling a toll free number, or over the internet. It was recommended that information about the program, including fees, be sent out with the next edition of the newsletter. 01-76 MOTION BY DON MILLER, SECONDED BY JW FOSTER DIRECTING STAFF TO PROCEED WITH OBTAINING A CONTRACT FOR THE MAYOR'S SIGNATURE AND NOTIFYING THE PUBLIC OF THE PAYMENT OPTION. CARRIED. Yelm City Council Minutes ab/city council/2001 /06-27 -01 Page 6 of 8 14. Councilmember Thompson - Liaison Reports (Councilmember Thompson was excused) a. Police - A written report was provided and Brian Asmus presented an update of recent activity concerning the use of the taser to gain control of a situation, a felony assault call with the potential for serious injury to the officer or a citizen, a child luring offense case, recent and upcoming training, delivery of a new vehicle, and a grant. b. Public Works - A written report was provided. Tim Peterson presented information on the chip seal report. 15. Councilmember Isom - Liaison Reports (Councilmember Isom was excused) Park Advisory Board - No Report. Park Use Requests - Five Park Use Requests were provided and reviewed. MOTION BY GLEN CUNNINGHAM, SECONDED BY DON MILLER APPROVING FIVE PARK USE REQEUSTS. CARRIED. a. b. 01-77 16. Councilmember Cunningham - Liaison Reports a. 1) Planning Commission - Meeting content precluded his attendance. 2) Community Development Department - a written report was provided. 3) Railroad Committee - no meetings were scheduled. b. Other Meetings/Assignments - Attended the AWC Conference in Bellevue and felt that it was very informative. 17. Councilmember Foster - Liaison Reports a. 1) City Hall - a written report was provided. . Agnes Bennick presented an update on coordinating the Land Use Decision-Making training being planned. . Approval was requested to utilize budgeted Administrative Department funding, along with supplemental funding from other departments for a Yelm Municipal Code update project. Other funding options were discussed including diverting funds from the unused Medic I line. A Scope of Work for the project was provided with the written report. COUNCIL CONSENSUS SUPPORTED MA YOR RIVAS SIGNING A CONTRACT FOR THE YELM MUNICIPAL CODE UPDA TE PROJECT. · A resolution will be coming to Council shortly demonstrating intent to adopt a model business license ordinance. A brief verbal history was provided. 2) Senior Center - He wrote a letter of support for the Yelm Seniors Center and attended the Eagles fundraising dinner to benefit the Senior Center building fund. b. Other Meetings/Assignments - He missed the SWAC meeting due to attending another meeting, but they have been discussing banning mercury thermometers. Some stores have already stopped carrying them. He attended four sessions at the AWC Conference on Revenue, Financing, and Budgeting including a Model Tax Ordinance session. He would also like to Yelm City Council Minutes ab/city council/2001 /06-27 -01 Page 7 of 8 attend the AWC & WFOA Budgeting training in August. There was discussion and agreement to draw against the Mayor's Travel and Training line to supplement Council Training. Staff was thanked for putting together great reports for tonight's meeting. 18. Mayor Rivas explained that he has been busy at work the past two weeks due to budget year endings and did not take the time to write down his meetings. Mayor Rivas thanked Councilmember Foster for attending Kay Eisenhardt's retirement and presenting the City Proclamation. 19. Correspondence was reviewed. i ADJOUR : 9: 5 .._._.~. .~ \ . ---------, " Adam Attest: Yelm City Council Minutes ab/city council/2001/06-27-01 Page 8 of 8