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03/10/1999 Minutes . I CITY OF YELM CITY COUNCIL MINUTES MARCH 10, 1999, 7:00P.M. YELM CITY HALL.COUNCIL CHAMBERS 1. Mayor Kathryn Wolf opened the meeting at 7:30 p.m. All present joined in the flag salute. 2. 99- 38 3. .99-39 4. 99-40 5. 99-41 ,6. Council present: Martha Parsons, Velma Curry, Glen Cunningham and Adam Rivas. Don Miller was excused. Guests: Dick Foster, Steve Hatton and Tom Skillings. Staff: Shelly Badger, Ken Garmann, Cathie Carlson, Glenn Dunnam and Agnes Bennick. Agenda Approval. ' " MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING THE AGENDA AS PRINTED. CARRIED. Minutes Approval. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING THE MINUTES AS PRINTED. , Voucher Approval. MOTION BY ADAM RIVAS, SECONDED BY GLEN CUNNIGNHAM APPROVING PAYMENT OF CHECKS #10346-10421, TOTALLING $838,567.41. CARRIED. Payroll Approval. MOTION BY MARTHA PARSONS, SECONDED BY ADAM RIVAS APP,ROVING THE FINAL FEBRUARY 1999 PAYROLL, CHECKS #2349-2436, TOTAL,ING $100,161.54. CARRIED. Public Comment/Questions. None 7. New Business: a. ' Appeal Land Use Case #SPR988218YL. Mayor Wolf indicated th'at a written report was provided and requested that Cathie Carlson give the staff report. Carlson reviewed the history .of the case and explained that this is a closed record appeal with no or limited new evidence or information. The applicant's, appeal is in response to certain conditions of the site plan approval decision including wording in the last sentence of Condition 1.b (2/10/98), which states that "At any time. the City can require the deferred improvements to be constructed by the applicant." Carlson maintained that this sentence is not included in the Waiver, but was added to the approyalletter for clarification. The applicant also objects to Condition l.c (2/10/98), which requires construction on one-half street and frontage improvements on Grove Road from Y elm Ave. E. to the south driveway on Grove Rd. The applicant contends that the Site Plan Approval requires reconstruction an intersection and that those improvements are a city . Yem City CoUncil Minutes " mso\city council\cc.99\3-10 -99min.doc Page 1 fj I contemplated protect. Staff's response w~ that the Grove Rd. realignment was tied at one point to the proposed Y-3 corridor, but due to a route modification it no longer is part of the Y-3 project. That the costs exceed the (traffic) impact from the businesses and are placed unfairly on the three proposed (new) buildIngs. Staff's response was . that Yelm's Development Guidelines require that allfrontage improvements shall be , made across the full frontage of property from centerline to Right-of- Way. That Yelm Builders Supply (Prairie Lumber) isn't required to participate in realignment and frontage improvements. Staff responded that a waiver of pro test legally obligates the property owner to participate in the realignment and frontage improvements when the City warrants the need. The condition is unreasonable and unfair and goes against the intent of the original planning commission recommendation. Staff proposed that the decreasing level of safety and level of service at the intersection warrants the need for the realignment at this. time. Steve Hatton, representing the applicant, pointed out key elements. He proposed that the conditions imposed were not consistent with the Planning Commission's recommendations; that traffic levels were due to trips to other areas, not just the businesses; that the applicant agreed to pay a fair share as part of a LID; that the City can't compel Yelm Builders Supply to do their half; that. the problem -is not due to the additional storage units; that it is an unfair burden on the applicant. The 2/6/95 Planning Commission minutes identified conditions attached to approval of the Site Plan including landscaping and frontage improvements along Grove Rd. and SRS07 (Yelm Ave.) . . Discussion continued concerning the requirements for intersection realignments and examples of current/recent projects, the need for WSDOT' s approval of the project, . the City's costs in producing the engineering plans, that frontage improvements are consistent with city 'policy, and the practicability of forming an LID with only two participants. Councilmembers questioned participation costs in such a small LID' and usual required frontage improvements. Hatton responded that there was no objection from the applicant, although the costs were higher in the long run they were also more manageable. He.added that the applicant is willing to pay an appropriate share, but . not 50%. Shelly Badger responded that usual frontage improvements -include curbs, sidewalks, landscaping and half of the roadway. And that in this case, the roadway must meet minimum DOT standards. Councilmember Rivas pointed that as projects occur, you do implement improvements that everyone else benefits from and that this is not unusual. He listed sonie recent examples. Shelly Badger added that if the number of LID participants is increased 60%'ofthose included would have' to approve participation. And that this is not considered a regional benefit project that would be eligible for funding from the Transportation .Facilities Charges. . Councilmember Cunningham added that he felt the improvements. do benefit many others. Councilmember Rivas agreed and added that most of those served actually reside in the county and pointed out that the commercial property In question is. . surrounded by agricultural and residential properties, and that two properties involved could choose to participate in a LID or work separately. Rivas felt that the Staff Yehn City Council Minutes mso\city council\cc.99\3-10 -99min.doc Page 2 99-42 b. 99-43 c. 99-44 8. a. . 99-45 Recommendation should be modified to reflect that choice. MOTION BY ADAM RIVAS, SECONDED BY MARTHA PARSONS THAt TH~ APPLICANT BE PERMITTED TO CHOSE BETWEEN A LID OR FIGURE OUT A WAY TO FIND THE FUNDING. OPPOSED: COUNCILMEMBERS CUNNINGHAM AND CURRY. MAYOR WOLF CAST THE TIE-BREAKING VOTE. MOTION CARRIED. . First Community Bank Street Trees. Mayor Wolf recapped the staff report and recommendation. Cathie Carlson explained that the Tree Board discussed options and felt that the existing trees could be pruned to allow increased visibility, or that the sign could be replaced with a monument type sign. One tree growing in the retention area was recommended for removal. MOTION BY VELMA CURRY, SECONDED BY MARTHA PARSONS APPROVING THE YELM TREE ADVISORY BOARD RECOMMENDATION THAT ALL TREES REMAIN AND THA T ONLY THE TREE IN THE RETENTION AREA FIRST COMMUNITY BANK BE TRANSPLANTED. CARRIED. Thurston County Solid Waste Agreement. MayorW olf explained that this is a renewal of our current intergovernmental 'agreement. , MOTION BY ADAM RIVAS, SECONDED BY GLEN CUNNINGHAM APROVING THE SOLID WASTE AGREEMENT WITH THURSTON COUNTY. CARRIED. Old Business: Gateway Committee Update MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY TO TABLE THIS ITEM UNTIL THE 4/14/99 MEETING. CARRIED. b. ' Well #3 Pump House Bid. Dick Foster, Skillings Connolly reported that the bid opening was held on March 2, and that 7 bids were received. The pre-bid estimate, was $50,000 and the low bid received was $52,650.00. However the low bidder ; claimed a $13,000 error in their bid. The choice before Council is to accept the next 'bid or to, rebid the project. , 99-46 MOTION BY GLEN CUNNINGHAM, SECONDED BY VELMA CURRY " .REJECTJNG ALL BIDS FOR THE WELL #3 PUMP HOUSE AND AUTHORIZING THE PROJECT TO BE REBID. CARRIED~ 9. Reports a. Library. Kristin Blalack provided a written report and announced that plans are underway for a banner announcing the new Sunday hours and drawing attention to the library location. The quilt show is underway with a little less display area due to the reorganization. b. . 99-47 c. Public Work Yard Development Work Session MOTION BY VELMA CURRY, SECONDED BY ADAM RIVAS TABLING THE PUBLIC WORK YARD WORK SESSION TO THE MARCH 24 MEETING. CARRIED. Mayor's Report - Mayor Wolf reported on attending meetings with the City Yelm City Council Minutes mso\c~ty council\cc.99\3-10 -99min.doc Page 3 Administrator, a citizen with a complaint, Mayors' Forum, YCS Scholarship Auction, Building Inspector interviews and a Chamber of Commerce meeting. . She invited everyone to City Hall on Friday at lOam for the raising of the Irish Tricolor in honor of our sister city relationship with Ferns, Ireland. Upcoming eventsinclude a St. Patrick's Day dinner and the Chamber Auction. . d. . Cpuncil Report - Councilmember Cunningham reported on doing a ride around with the police department. Councilmember Parsons passed along a request to add IT bus shelter standards as a builder! developer requirement. e. . Councilmember 'Curry reported that the end of the month financial report looks favorable. f. Park Use Requests: 99-48 MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING REQUESTS TO USE THE PARK FOR A YOUTH RALLY AND A YELM HIGH SCHOOL REUNION. Councilmember Parsons reported on a grant application for $300,OQO to assist in the completion of the first two phases of the Canal Road Park. Shelly Badger added that the City must match the grant but that the estimated $100,000 vaiue will apply to the match leaving only $200,000 to be raised. Council was asked to consider approaching anyone that might be able to help. Glenn Dunnam offered to obtain some pledges. g. Planning Department. Shelly Badger explained that staff was requesting Council's directive to look int0 adding regulations to the YMC that could allow quality outdoor . vendor/farmer's market uses in the City. -MOTION BY GLEN CUNNINGHAM, SECONDED BY ADAM RIVAS DIRECTING STAFF TO LOOK INTO AN ORDINANCE PERMITTING OUTDOOR VENDORS AND/OR FARMER'S MARKET USES IN THE CITY. . CARRIED. 99-49 " 10. '. Correspondence reviewed included A WC Conference housing information, proposed tax changes reducing the amount of gambling tax local governments may charge for bingo and card rooms, and the TCI proposed 1999 Rate Table. 11. Adjourn: 9:35 p.m. ~ i 14 Kat ryn M. olf, M yor . Attest: . ~ 0 I? r .... .. .. /?1-C1 'I- ~ujc Agnes7P. Bennick, City Clerk ~ ' Yelm CitY Council Minutes mso\city council\cc.99\3-1 0 -99min.doc Page 4