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04/08/1998 Minutes " ! I CITY OF IYELM CITY COUNCIL MINUTES \ APRIL 8, 1998 1. Mayor Wolf called the meeting to order at 7:30 pm. All present joined in the flag salute. 2. 98-49 3. 98-50 4. 98-51 5. 98-52 6. 7. 98-53 8. Present: Don Miller, Martha Parsons, Velma Curry, Glen Cunningham and Adam Rivas. Guests: Bev & Roger McKnown, Barh & Rohin Wood, Dick Rehn, LeMay, Inc.; Kevin McFarland, Sound Urban Forestry; Bob Wolf and Mike Mulhern, Tree Advisory Board; Bill Steele, Fire District #2; Mary Dean, Community Youth Services; Bill Trull, Bill's Towing; and Myranda Yun, Nisqually Valley News. Staff: Shelly Badger, Cathie Carlson, Ken Garmann, Gihran Hashmi, and Agnes Bennick. Agenda Approval. MOTION BY DON MILLER, SECONDED BY ADAM RIV AS APPROVING THE AGENDA AS PRESENTED. CARRIED. Minutes Approval. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY I APPROVING THE MINUTES OF MARCH 25, 1998, AS PRINTED. CARRIED. r . . Voucher Approval. MOTION BY VELMA CURRY, SECONDED BY GLEN CUNNINGHAM APPROVING PAYMENT OF VOUCHERS 7948-8080, TOTALING $217,180.05. CARRIED. Payroll Approval. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING PAYMENT OF THE FINAL MARCH '98 PAYROLL, CHECKS 1366-1450, TOTALING $94,873.02. CARRIED. Public Comment/Questions. . . Bill Trull expressed his feelings that all burning within the City limits should be banned. Barb Wood stated that a ban should be inacted only if the recycling dumpsters are returned. Mayor Wolf indicated that Councilmemher Rivas is Yelm's representative on the Thurston Co. Solid Waste Management Committee. Councilmember Rivas responded it's hoped that the new Safeway agrees to have the recycling dumpsters located at their site. Mayor Wolf added that siting recycling dumpsters can be difficult because businesses don't want a messy appearance and not everyone uses the recycling dumpsters responsibly. National Youth Services Day Proclamation designating April 21, 1998, as National Youth Service Day. Mary Dean, Community Youth Services thanked Council and accepted the signed Proclamation. MOTION BY VELMA CURRY, SECONDED BY DON MILLER APPROVING A NATIONAL YOUTH SERVICE DAY PROCLAMATION. CARRIED. Barb Wood - Current/Future Project for Yelm Creek. Ms. Wood provided a written letter, dated April 1,1998, concerning wetland banking, berm and Reed canary grass removal along Yelm Creek, permits required, and SR 507/510 drainage discharge pipes. Yelm City Council cc.98\4-8mn.doc Page 1 ! . -' Wood addressed Council and stated that her specific request tonight is for City approval of a shoreline or floodplain permit, whichever her project requires, so she can obtain necessary state permits to continue her work. She thanked City staff for their support of Yelm Creek efforts. Woods indicated that she has been in contact with Dept. of Fish and Wildlife, and that they support her efforts. She added that she believes her group can save consultant fees and put together a report for relatively little money. Mayor Wolf explained that the City and Water Conservation District are involved in a cooperative effort towards resolving problems along the whole creek, not just the portion within the City. Cathie Carlson added that any activity along the creek is required to use the new floodplain map. In response to the SR507 /510 discharge pipes issues, Mayor Wolf indicated that WSDOT put the storm water drain pipes in place, and now says they are Yelm's problem. It's uncertain if the drainage pipes can be removed, because the runoff must go someplace. WSDOT stipulations/requirements are unknown. Mayor Wolf requested that Cathie Carlson address other issues raised by Wood, including the HPA and JARPA permits. Carlson reported that she contacted the Dept. of Fish and Wildlife and found that Wood must submit the application and paperwork for a HP A permit. Information must also be submitted to the Army Corps of Engineers. The conversation also revealed that in relation to removing the berm, information needs to be generated and the City needs to make an environmental threshold determination, as part of our Critical Areas Ordinance requirement. There may also need to be some flood analysis work done. All of this paperwork, including a copy of the application to Fish and Wildlife, must be sent to the Army Corps of Engineers. The agencies may decide to exempt Wood from formal permits, if they do, the City would still need agency correspondence verifying the exemption. Wood felt that an exemption for her project was possible for her project. She asked if . any other JARP A permits had been issued. Ken Garmann responded that he did not issue any. Wood then questioned why others were allowed to work without permits. The response was that they are not allowed to work in the City without permits. Shelly Badger cautioned Council that a public hearing is required to obtain a Shoreline Permit, and as Council is the decision making body in that process, a lot of this discussion should occur during the public hearing. JARP A notification will be sent to adjacent property owners to request their comments. Mayor Wolf emphasized the City's need to have approvals in writing, and requested that Wood meet with Carlson to resolve issues. She requested that City staff evaluate how this project confofll,1s to work being done with the Conservation District, and report the findings to C~uncil with a recommendation. 9. PUBLIC HEARING - Five-Year Urban Forestry Strategic Plan. Mayor Wolf opened the public hearing at 8:01 pm. She announced the time, place, and purpose of the public hearing and called for the staff report. No objections to participants were stated. Cathie Carlson introduced Tree Advisory Board members Bob Wolf, Mike Mulhern, and Kevin McFarland and new planning staff member Gibran Hashmi. Bob Wolf gave an overview of the City's urban forestry history from 1936, including formation of the Yelm Tree Advisory Board in 1996, and designation as a "Tree City USA." Since '96 the board has developed a mission statement, established ongoing funding, and identified six elements that serve as the basis of the 5-Year Forestry Plan. Yelm City Council cc.98\4-8mn.doc Page 2 .' Highlights of '98 Projects identified in the plan include a tree pruning and maintenance program that will provide staff training in these tasks. Another element is establishing a tree nursery to allow purchasing and holding smaller, less costly trees until they are mature enough for planting. 98-54 Being no additional comment, Mayor Wolf closed the public hearing at 8: 16 pm. MOTION BY ADAM RIVAS, SECONDED BY DON MILLER, ADOPTING THE FIVE-YEAR FORESTRY PLAN. CARRIED. 10. Old Business: a. Roger McKnown Property Use - Notification Procedures. Cathie Carlson reported (March 9, 1998 Staff Report) that research into Planning and Council meeting history found no record of conversations concerning specific development for the McKnown property. The search also failed to produce evidence of a presubmission conference or filing of a land use application. Carlson's research found that Zoning Code Purpose or Intent changes from the Old to' the New C-3 zone were insignificant. However many additional uses were permitted under the new C-3 zone. The zoning change also increased the required minimum lot size for creating new lots from I to 10 acres. This change was made to preserve larger lot sizes remaining primarily in that part of the City. Because development in that area was already going in that direction, the new zoning preserved larger lots for development as full service auto dealerships, lumber yards, box stores and other businesses with larger space requirements. A cost comparison work sheet showed estimated increases in City costs to provide citywide property notification in addition to the legally required publication. Estimated cost forpublic notice of Zoning Code hearings would triple with individual notification. Other means of notification discussed included mailings with utility bills, which has not been successful in the past; subscription service; and including information of planned activity in the quarterly newsletter. Council and staff favored using the newsletter as an additional way to disseminate information. . Bev and Roger McKnown thanked Council for providing them an opportunity to be heard and reviewed the history of their annexation. McKnown stated that when meeting with Yelm's building official copies of paperwork, completed and submitted to Thurston County and showing possible land uses being considered, were given to the building official. The McKnowns indicated that they had recently lost a sale for a portion of their property because of the C-3 lot size requirements. Mayor Wolf requested that City staff examine the building files. Carlson pointed out that even if this paper work was found it was not part of the City's application process. Council empathized with the McKnown' s situation. But expressed the need to .be cautious about making changes. Councilman Rivas pointed out that the Yelm Planning Commission carefully studied the Zoning Code over an extensive period, before recommending Council adoption. All expressed a need for additional information. City staff will report back to Council in one month. (J' 11. New Business: . a. Burn Permits - Chief Bill Steele, Thurston Co. Fire District #2, reported on the current informal burn permitting process, the district's responsibility to respond to calls, and costs incurred when responding to fire calls to legal/illegal burns. He explained that some areas have eliminated outdoor burning completely, but because of enforcement Yelm City Council cc.98\4-8mn.doc Page 3 .. b. 98-55 c. 98-56 98-57 98-58 issues did not recommend that action. Steele is working on a new, comprehensive permitting process, that would be handled at the Fire District office. The new process could include some cost recovery options. He will keep the City apprised of project progress. Proclamation - Drug-Free Washington Month. MOTION BY GLEN CUNNINGHAM, SECONDED BY MARTHA PARSONS APPROVING THE DRUG-FREE WASHINGTON PROCLAMATION. CARRIED. Proclamation - Arbor Month. MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING THE ARBOR MONTH PROCLAMATION. CARRIED. d. Ordinance No. 621 - Amending Ord. 586 and increasing the membership of the Tree Advisory Board from five to seven members. Cathie Carlson explained that increasing the number of members would help insure a quorum. MOTION BY MARTHA PARSONS, SECONDED VELMA CURRY ADOPTING ORDINANCE NO. 621 INCREASING THE NUMBER OF TREE ADVISORY BOARD MEMBERS FROM FIVE TO SEVEN. CARRIED. e. Tree Evaluation Report for Edwards St. The staff report presented by Cathie Carlson indicated that an Evaluation Report prepared by Kevin McFarland of Sound Urban Forestry recommended that all nine trees on Edwards St. be removed and replaced with 3" caliper trees. The cost would be funded as'a component of the street project. The Yelm Tree Advisory Board at their March meeting endorsed Mr. McFarland's findings, and recommended Council approval of the plan. MOTION BY ADAM RIVAS, SECONDED BY MARTHA P ARSONS, APPROVING THE REMOVAL AND REPLACEMENT OF THE TREES ON EDWARDS ST. AS RECOMMENDED N THE TREE EVALUATION REPORT. CARRIED. f. Cochrane Park Siphon - Based on the findings of a public hearing held on April 1, 1998, the Yelm Historic Preservation Commission recommended addition of the siphon to Yelm's Register of Historic Sites. 98-60 MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING THE ADDITION OF THE YELM IRRIGATION DISTRICT SIPHON TO YELM'S REGISTER OF HISTORIC SITES. CARRIED. 12. Reports a. Library - The report will be presented at the next meeting. b. Mayor's Report - Mayor Wolf reported on attending: EDC, DARE, Jog-A-Thon, Labor Relations Consultant, City Administrator, and Railroad meetings. Upcoming events announced: A WC Convention, Arbor Day Celebration, and Chamber. c. Council- Councilmember Curry reported on attending a court session. d. Railway Update - Ken Gannann gave an overview of activity to date. He presented a letter from the consultant hired to perform a track inspection indicating most of the line is in relatively good shape. Discussion included the possibility of a donation to the City by Burlington Northern, link to Lakewood, potential users and freight estimates. 13. Correspondence was reviewed. 14~ Adjourn: 10:15 pm. Yelm City Council cc.98\4-8mn.doc ~Jn& K~M. Wolf, Mayor ~ Authenticated: ? "in IJ yJ 0t7MUL-k Agne' ( . Bennick, City Clerk Page 4