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05-24-06 Minutes YELM CITY COUNCIL MEETING MINUTES REGULAR MEETING WEDNESDAY MAY 24,2006,7:30 P.M. 1. Call to Order. Mayor Harding called the meeting to order at 7:30 p.m. 2. Roll Call. Present: Don Miller, Joe Baker, Bob Isom, Mike McGowan and Pat Fetterly. 3. Agenda Approval 6-34 MOTION BY BOB ISOM, SECONDED BY JOE BAKER APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations: Proclamation Yelm Prairie Days. Mayor Harding read and presented the Proclamation to Dave Pratt of the Lions Club and in so doing proclaimed June 22 to June 25, 2006 as Yelm Prairie Days in observation of this social, cultural and fundraising event that is a signature event for our community. 5. Public Comment. 6. Consent Agenda a. Council Minutes, May 10, 2006 and Study Session, April 28, 2006 b. Payables: Checks 27960-28069, totaling $466,644.74 1) Manual Checks: 27960-27996, totaling $2,882.96 2) Claims Checks 27997-28069 , totaling $463,461.78 c. Payroll - Preliminary May 2006 6-35 MOTION BY DON MILLER, SECONDED BY PAT FETTERL Y APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. 7.a. Public Hearing- Local Improvement District Proposed Formation for Street and Utility Improvements to Killion Road, Tahoma Blvd and Yelm Ave West. Mayor Harding opened the Public Hearing at 7:37 p.m. stating the place and purpose of the hearing. Jim Gibson reviewed the attachments and power point presentation to highlight the history and process of notification to land owners. Methodology for determining boundaries and assessments has changed following input gathered from owners at meetings and two open house forums. The third factor for consideration is hardship deferral. Attempts were made to contact all property owners affected by the assessment. Councilmembers were given the opportunity to ask questions prior to comments. Steve Chamberlain, Tahoma Terra and Thurston Highlands developer, favored the LID as an opportunity for property owners to do the improvements with the developer as one large project, rather than a more expensive piecemeal effort by individuals. As developer they would carry 65% of the cost. Alan Burke, Yelm Community Schools Superintendent, supports the LID. Ken Reichel, Fennell Road, is upset with assessments costs, assessment methodology and feels that properties that are not assessed shouldn't be allowed to vote. He asked for assessment costs guarantees with no interest. He also suggested a plan using 2 one-way ab/ccminutes/05/24/06 Approved: 7/14/06 Page 1 of 4 streets through town that would benefit the entire city. Cynthia Weed, Bond Attorney, Preston Gates Ellis, stated that citizens wishing to protest the LID should submit a formal written protest for consideration. Dave Purvis, Berry Valley Road, expressed concern that the City would come back with another assessment making the deferral option unfair. Jim Gibson replied that due to cost of construction and right of way acquisition changing with market fluctuations, these figures can only be accurate at this time. Mike Edwards, Olympia, stated he is part of a pioneer family in Yelm since 1852, and owner of 26 acres on the assessment list. He supports managing growth issues in coordination with private developers as one project when possible and believes this is a positive move assisting traffic flow. Jeff Kennedy, CEO Twin County Credit Union. The Yelm branch is the largest growing branch. The business and their customers see a need for improvements and he supports the LI D in conjunction with the developer. Darlene Baker, Berry Valley Road and business on Yelm Ave W. is against the LID. She stated her feeling that the housing, with its increase to traffic, should pay for it. Private citizens would feel a greater negative impact than the business owners being assessed and should not have to pay for improvements. Marjorie Storem, Yelm Ave West opposed the LID. She believes the methodology used should also consider zoning. Her property is zoned commercial but is used as residential and should be assessed differently. Wes Goss, Raccoon Valley Road, is concerned about the assessment methodology including trip numbers. If developers are bringing people here, they should carry the cost. He also has an issue with those properties that are not being assessed. Questions included: what is the long term plan, what is happening at the other end of town, and why are there bicycle lanes on both sides of the street? Mayor Harding responded that with the exception of the few blocks through town at First Street and at Third Street, Yelm Ave East is a three lane road requiring bicycle lanes for both directions. Gail Cane, Snowcap Lane, Rainier, reported her research indicates LIDs have a negative impact on cities and residents and give a tax breaks to developers. Concerns include: the hidden meaning to apparent street improvements that are really sanitary sewer and water issues, condemnation of property, purchase and imminent domain, and wetland and water quality issues. She is opposed to the LID and passage of Ordinance 847 and asked the city to seek a legal opinion from an unbiased source. When asked to supply her source for information, she did not respond. Ken Reichel, Fennell Road, pleaded with Council not to approve LID formation. Mayor Harding asked staff to provide council with a sample comparison of site plan improvement costs if done individually. Twin County responded that their savings would be $45,000 while the school district would see a $500,000 savings if paying assessment through LID rather than each property owner separately. ab/ccminutes/05/24/06 Approved: 7/14/06 Page 2 of 4 Questions continued from the audience. Patricia Noffsinger asked if there would there be any displaced residents. Staff responded that no residents would be replaced and a relocation clause is not needed. Steve Klein asked if there was any consideration for future developments coming in that would make three lanes obsolete and result in them being torn up and replaced. He referenced the bypass project as being too far out to be considered as a solution to the emergency traffic issues being faced today. He observed that it appears businesses and homeowners are in opposition to each other, one in favor and the other opposed. Response was that Yelm Ave West and East will remain three lanes including the center lane. Faced with a continuing traffic problem, the City is utilizing the choices they have and the means that are available. Tom Skillings responded that the total right of way acquisition budget was 1.5 million and that each property was subject to appraisal and fair market value. Other questions addressed the additional sewage and disposal impacts. Mike Edwards, President of the Economic Development Council and member of the Thurston County Regional Planning Board stated that municipalities must work internally in making improvements to be eligible to benefit from federal funds. This project would likely qualify under those guidelines. Cynthia Weed stated that no properties overlap with the previous sewer LI D. Mayor Harding closed the Public Hearing at 8:54 p.m. 7.b. ORDINANCE 847 Local Improvement District Proposed Formation for Street and Utility Improvements to Killion Road, Tahoma Blvd. and Yelm Ave West. Jim Gibson had nothing to add to his staff report. 6-36 MOTION BY BOB ISOM, SECONDED BY JOE BAKER TO TABLE ORDINANCE 847 LID FORMATION TO NEXT MEETING WITH DIRECTION TO STAFF TO RESEARCH SQUARE FOOTAGE ESTIMATES FOR THOSE PROPERTIES AFFECTED BY RIGHT OF WA Y ACQUISITION. CARRIED. 8. New Business a. Wood & Son Retainage. Tim Peterson reported from the staff report stating that the 15 day job was completed in 4 days. 6-37 MOTION BY PAT FETTERL ~ SECONDED BOB ISOM TO RELEASE RETAINAGE IN THE AMOUNT OF $2,786.69 TO WOOD & SON EARTHWORK & UTILITY CONTRACTORS FOR THE RECLAIMED WATERLINE PROJECT TO MILL POND/RIDGELINE SCHOOLS. CARRIED. b. BAKER TANK PAINTING. Tim Peterson reported that the engineer's recommendation for the painting of the Saker Hill tank was S&K Painting, Inc. Tom Skillings added the project will include stripping, sandblasting the inside, and outside painting. 6-38 MOTION BY PA T FETTERL ~ SECONDED BY JOE BAKER AUTHORIZING MA YOR HARDING TO SIGN A CONTRACT IN THE AMOUNT OF $132,248.00 WITH S & K PAINTING INC., CLACKAMAS, OREGON TO PAINT THE BAKER HILL TANK. CARRIED. ab/ccminutes/05/24/06 Approved: 7/14/06 Page 3 of 4 c. REUSE IRRIGATION SYSTEM FOR LONGMIRE PARK - Tim Peterson reviewed his staff report stating W.E.&B. was the low responsive bidder from the small works roster to complete installation of the irrigation and grade of the fields at Longmire Park. 6-39 MOTION BY JOE BAKER, SECONDED BY PA T FETTERL Y AUTHORIZING MA YOR HARDING TO SIGN A $92,500 CONTRACT WITH W.E.&B. TO COMPLETE INSTALLATION IRRIGATION LINES AND GRADE FIELDS AT LONGMIRE PARK. CARRIED. d. REMOVAL OF EXCESS DIRT AT LONGMIRE PARK. Tim Peterson reported that the U.S. Army donated time and labor to strip the site that now needs to be completed by another source. Bids went out for removal of excess dirt and came back with Johnson Brothers Landscaping submitting the low responsive bid for the project. 6-40 MOTION BY PAT FETTERL ~ SECONDED BY MIKE MCGOWAN AUTHORIZING MAYOR HARDING TO SIGN A CONTRACT WITH JOHNSON BROTHERS LANDSCAPING AT LONGMIRE PARK IN THE AMOUNT OF $22,860. CARRIED. 9. Old Business 10 Mayor and Council Reports and Initiatives and Board/Commission Business- Councilmember Baker reported that he attended Intercity Transit meeting but no City of Yelm business to report. Mayor Harding attended a Chamber After Hours event, the second Thurston Highlands Open House and Public Works Appreciation BBQ. Also attended Nisqually Two Percent Committee meeting where he was informed that the City of Yelm would receive $20,000 from the Nisqually to be used to fund digital equipment. Announced reminder of Open House for Assistant Superintendent, Gloria Hunter at 4:30 p.m. at the Administration office. Study Session at 5:00 p.m. 11 . Executive Session - none scheduled. 12. Correspondence was available. A letter from Hollamer Investments, LLC was received endorsing approval of the LID. 13. Adjourn: 9:16 p.m. / "... . . J1/" Attest: L (,lliJ \clC l"'/lu' L Agn~s Bennick, City ClerklTreasurer Minutes: Janine A. Schnepf ab/ccminutes/05/24/06 Approved: 7/14/06 Page 4 of 4