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04-26-16 MinutesYELM CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 26, 2016 MINUTES Mayor Pro -tem Wood called the meeting to order at 6:00 pm. 2. Roll Call Present: JW Foster, Molly Carmody, Bob Isom, Tad Stillwell, Joe DePinto and Russ Hendrickson. 3. Agenda Approval 16-043 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. SECONDED BY JOE DEPINTO. 16-044 COUNCILMEMBER ISOM REQUESTED THAT ITEM BA BE REMOVED FROM THE AGENDA. SECONDED BY JW FOSTER. AYES -FOSTER, CARMODY, ISOM, STILLWELL, HENDRICKSON. OPPOSED-DEPINTO. 16-045 MOTION BY BOB ISOM TO APPROVE THE AGENDA WITH THE REMOVAL OF ITEM 8A. SECONDED BY JW FOSTER. 16-046 COUNCILMEMBER DEPINTO AMENDED THE MOTION TO INCLUDE A 20 MINUTE EXECUTIVE SESSION TO DISCUSS THE QUALIFICATIONS OF THE CITY ADMINISTRATOR. SECONDED BY STILLWELL. AYES -FOSTER, CARMODY, STILLWELL, DEPINTO AND HENDRICKSON. OPPOSED-ISOM. CARRIED. City Attorney Brent Dille suggested the Executive Session take place before Item 10. Council and Mayor Reports. MAYOR PRO -TEM WOOD RESTATED THE MOTION REMOVING ITEM 8A AND ADDING A 20 MINUTE EXECUTIVE SESSION BEFORE MAYOR AND COUNCIL REPORTS. AYE;FOSTER, CARMODY, STILLWELL AND DEPINTO. OPPOSED;ISOM AND HENDRICKSON. MOTION CARRIED. 4. Special Presentations - none scheduled Public Comment - Leroy Painter -Smith, President of the Amateur Radio Club asked for a waiver to camp overnight at Cochrane Park June 24 & 25, 2016 for the National Preparedness Drill called Field Day. The Yelm Ham Radio Club is chartered with the American Radio Relay in Connecticut. The Club will have lots of equipment and does not want to have to pack up each day. Councilmember DePinto asked how many people would be camping. Leroy stated they are expecting 20-30 people in and out throughout the day. Councilmember Isom asked if they would be camping in tents or trailers and if the equipment would remain in paved area. Leroy said there would be tents, a generator and at least one trailer and a 30ft antenna and they can stay in the paved area if need be but some of the antennas might need to be in the park area. Councilmember Foster suggested going through the process of filling out the park use request. Councilmember Carmody asked why there is no overnight camping in the park. Councilmember Isom stated part of reasoning for no overnight camping is to keep people from setting up permanent residency in the park and the damage that could occur. Grant Beck, Community Development Director explained that camping could Le permitted if approved by the Council through the park use request process. Mr. Painter -Smith will submit a park use request tomorrow. Councilmember Foster suggested that if the request was filed prior to tomorrow's Study Session meeting that it be added to the agenda. Mayor Pro -tem suggested that it be discussed during Mayor and Council Initiatives. 4-26-16 Micah James Anderson, Yelm resident received information from the City attorney Brent Dille. Micah served Mr. Dille will his amended answer, and counter claim against the City of Yelm along with his affidavit and final bill. Micah filed a Tort claim against the City in December that he has not gotten a reply as of yet. If Micah does not receive payment from the City in the next 30 days, he will be reporting to the credit bureau. This matter will be going before a grand jury on June 2 at 8am and Micah advised that someone be there to represent the City or mostly likely, a default judgment will be entered to the City. Jean Handley, Yelm resident had some miscellaneous items for the Council to think about. First is the nomination of Mayor Harding for Stefan Chatwin. Jean has done some research on Mr. Chatwin and asked Council to please be thorough in their background research. Jean would like some secretive behavior in his past to be addressed. Transparency and accountability is a must. Secondly, summer traffic has started and suggested that educational information be given about the roundabout so that more people use it. Thirdly, since the skate park has opened, there is a parking problem. There is not enough parking for the kids and the park is way too small. Mayor Pro -Tem Wood stated it is a new project and we are still working out the kinks. Jean also asked if the upcoming splash park project would be recycled water on site. The water at the future splash park project will be recycled and would not have a bearing on Yelm's water rights issue. Ben DeLora, Yelm resident expressed concern about the bypass since it has recently been approved in the legislature. Ben is concerned that the amount of traffic and the big trucks using the bypass and Rhoton Road will cause traffic issues on the eastern side of Yelm. There are safety concerns for kids that walk that route and there are no sidewalks in some areas. Ben stated the City of Yelm should annex that area that the bypass services so they can control the zoning and what is built there because he feels it will become an essential part of town in the next 10 years. Grant Beck, Community Development Director stated that Rhoton Road is in the Transportation planning document for improvements. The bypass is a State project, the City of Yelm has been working with the State for 25 years on this project and made the commitment that the loop would not be a business corridor, and the State has designated the area as a limited access highway. Councilmember Carmody explained that the City could not just decide to annex neighborhoods. There is a process to annex which includes the neighbor's petitioning the City to be annexed. 6. Consent Agenda Minutes - Regular Meeting April 12, 2016 Payables - Checks #66687 - #66764 Totaling $765,675.37. YCP/YCC Lions Club, June 20-26, 2016 - Prairie Days -Open to the public 16-047 MOTION BY RUSS HENDRICKSON APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearing - none scheduled 8. New Business - 4-26-16 Confirmation City Administrator -REMOVED b. Resolution No. 566, Stormwater Management Plan Chad Bedlington, Public Works Manager gave a PowerPoint on the process and explained that documents such as the Water System Plan or General Sewer Plan provide the foundation and guidance necessary to ensure that the Utility accomplishes necessary goals while also maintaining regulatory compliance. The City of Yelm Stormwater Utility did not have a planning document that provides this until now. The drafting and adoption of the Stormwater Management Plan (SWMP) will address that need by covering core elements as required by the Department of Ecology (DOE), identifies gaps in needed data and system mapping, and provides an initial analysis of the utility. On July 14, 2015, the City Council approved the Mayor to enter into a contract with Parametrix to assist the City in preparing the SWMP. That contract is funded by a $100,000 grant/loan ($75,000/$25,000 Loan) from DOE. This week the DOE completed its second review of the draft agreement and granted their preliminary approval of the SWMP. The next step in the approval process is to accept public comment on the plan and bring forward the attached Resolution No. 566 for approval. Once the City Council adopts the SWMP, then DOE will be notified of final adoption and will begin to utilize the Plan for operations and future project funding. Councilmember Isom asked if this has been sent out for public comment yet. Chad stated this is the only public comment currently but it has been advertised in advance that we would like public comment at this time. No written comments have been received by the City as of today. Councilmember Carmody inquired if part of the storm water management funding pays for payroll at the wastewater treatment facility. Ryan Johnstone, Public Works Director addressed Council and stated that the storm water is an enterprise fund meaning it pays for itself. The Stormwater Utility is the only utility currently in the City that has no full time employees but as the City grows we will have to address that issue. Small portions of a couple of employee's wages currently are paid out of the fund. Mayor Pro -Tem Wood opened it up for public comment. Mark Jensen, Yelm resident asked what was done to obtain the grant from the Department of Ecology and what the requirements of the grant were. Chad explained that funding from DOE for the plan came from the traditional grant opportunity, Call for projects, that occurs annually. The obligations to DOE for the grant are to draft a plan to their satisfaction and produce a stormwater management plan for their acceptance. Mayor Pro -Tem closed the public comment period. 16-048 MOTION BY RUSS HENDRICKSON APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. C. Request for Waiver of Appeal Fee, Bichler 93rd Ave Tami Merriman, Associate Planner stated that Mr. Bichler owns the property at 109 93rd Avenue SE, in Yelm. The property is zoned C-1 Commercial pursuant to Chapter 18.36 YMC. Mr. Bichler recently appealed a staff determination that recreational vehicles sales, maintenance and repair is an abandoned non- conforming use. On January 12, 2016, the City Council waived the $1,250.00 appeal fee. The appeal was heard by the Yelm Hearing Examiner on February 29, 2016 and denied the appeal and upheld the staff determination. Mr. Bichler now appeals the Hearing Examiner decision to the City Council and requests a waiver of the appeal fee $500.00. The current Yelm Development Fee Schedule allows for 4-26-16 16-049 16-050 16-051 a waiver of the appeal fee under certain circumstances. The resolution states that the appellant shall apply for the waiver at the same time as the appeal is filed, and provide documentation to the satisfaction of the City Council that the fee should be waived. No documentation was submitted. Council may waive the appeal fee pursuant to Resolution No. 561, if it determines the appellant meets the requirements above, request documentation from the appellant to support the waiver request, or deny the request to waive the appeal fee. Councilmember DePinto asked if it was a financial burden for Mr. Bichler. Mr. Bichler stated that the last time he was before Council asking for a waiver of the appeal fee, he explained the financial hardship this has caused and he does not feel that the Hearings Examiner was correct in the ruling. MOTION BY MOLLY CARMODY TO WAIVE THE APPEAL FEE PURSUANT TO THE YELM DEVELOPMENT FEE SCHEDULE ADOPTED BY RESOLUTION NO. 561. SECONDED BY JOE DEPINTO. Councilmember Isom expressed concern about the lack of documentation showing the appeal fee of $500 to be a financial burden to the applicant. Councilmember Isom asked if this matter can be moved to another meeting to allow Mr. Bichler to provide documentation or is the appeal time a concern. Grant Beck, Community Development Director stated the Council could request information they desire and it can be moved. The appeal has been made within the statutory time. The Community Development does not try to vet these situations because it is a Council decision and they do not want to get in the way of the reasons or the documentations Council might want. It is up to the Council to request and review the documentation needed to make the decision. Councilmember Foster stated that he made the original motion in January to waive the $1250.00 appeal fee but feels that the Hearing Examiner process is fair and thorough. Councilmember Foster feels it is reasonable to ask that the appeal fee be filed to help cover costs for staff and City time at this second point. Councilmember Carmody would also like to see documentation of the financial burden. Councilmember DePinto asked what is the purpose of the appeal fees. Grant Beck addressed the Council and stated the hearing examiner fee is based on the average cost to conduct the hearing and the fees are to cover staff and council time to process the request. COUNCILMEMBER ISOM MADE A FRIENDLY AMENDMENT TO THE MOTION AND REQUESTED MR. BICHLER PROVIDE FINANCIAL DOCUMENTATION LIKE A PROFIT/LOSS STATEMENT TO THE COUNCIL BY THE NEXT COUNCIL MEETING. SECONDED. COUNCILMEMBER CARMODY WITHDREW HER PREVIOUS MOTION TO APPROVE THE WAIVER AS IT STANDS. STILLWELL SECONDED. OPPOSED- DEPINTO. CARRIED. 16-052 COUNCILMEMBER ISOM MOVED TO TABLE THIS MATTER UNTIL THE NEXT COUNCIL MEETING TO ALLOW MR. BICHLER TO PROVIDE FINANCIAL DOCUMENTATION TO COUNCIL. SECONDED BY CARMODY. OPPOSED- DEPINTO. MOTION CARRIED. Mr. Bichler asked if the information can distribute to Council so that he lives out of the area. Council agreed. 9. Old Business — none scheduled 4-26-16 can be provided to Tami Merriman and she does not have to attend the meeting since he 11. Executive Session - At 6:57 pm, Mayor Pro -Tem Wood announced that Council would go into a 20 minute Executive Session to discuss the qualifications of the City Administrator (RCW 42.30.110 (g)). At 7:20 pm, Mayor Pro -Tem reconvened the regular meeting. 10. Mayor and Council Initiatives Councilmember Foster reminded everyone of the upcoming Home & Garden this weekend at the High School. Councilmember Carmody attended the Intercity Transit Board meeting and reminded everyone that May is Bicycle Commuter Month and you could win prizes if you sign up and bike to work for the month of May. Councilmember Carmody attended the Yelm Adult Community Center meeting and reported that they installed a new floor and they are still looking for volunteers. Councilmember Stillwell attended the Thurston County EDC Board meeting and reported the June 25 is National Lemonade Day, coordinator with the City of Lacey, which encourages and teaches young entrepreneurs how to run a business. It is too late this year but in the future, it would be nice to do something similar at the City Park. Councilmember Foster stated that the Lions Club still has booths available at the City Park for Prairie Days. Councilmember DePinto attended the South Thurston Economic Development Initiative meeting where they discussed priorities for the group. They will come before Council in the future for a presentation. Councilmember Hendrickson attended the Medic One meeting. Mayor Pro -Tem Wood attended an Arbor Day Celebration at the City of Lacey where they presented Yelm with an Arbor Day tree. Mayor Pro -Tem invited Lacey and invites everyone to the upcoming City of Yelm Arbor Day Celebration on Friday, April 29, 2016 from 11am to 12pm. 12. Correspondence included - Thurston County Auditor, Mary Hall Press Release - Voter registration deadlines Thurston Regional Planning Council Pre -Agenda Friday, May 6, 2016 8:30-11am Invitation to the 20th Arbor Day Celebration Friday, April 29, 2016 11am-12pm at the Yelm City Park 13. Adjourned at 7:25 pm. Attest: Tracey Wo d, Mayor Pro -Tem Lori Mossman, Deputy City Clerk 4-26-16