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07/23/1997 Minutes . . CITY OF YELM CITY COUNCIL :MINUTES JULY 23, 1997 1. Mayor Wolf called the meeting to order at 7:30 pm. All present joined in the flag salute. Members present: Don Miller, Martha Parsons, Velma Curry, Amos Lawton, and Adam Rivas. Guests: Dan Fisher, Nisqually Valley News, Glen Cunningham, Barbara Wood, and Lisa Williams. Staff: Sandy Mackie, Owens Davies Mackie, Tom Skillings, Skillings Connolly, Shelly Badger, Ken Garmann, Brian Asmus, and Agnes Bennick. . 2. Agenda. 97-123 MOTION BY ADAM RIVAS, SECONDED BY AMOS LAWTON APPROVING THE AGENDA WITH THE ADDITION OF 2.a., INTRODUCTION. CARRIED. 3. Minutes. 97-124 MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY APPROVING THE MINUTES AS PRINTED. CARRIED. 4. Voucher Approval. 97-125 MOTION BY VELMA CURRY, SECONDED BY ADAM RIVAS APPROVING PAYMENT OF CHECKS 6601-6653, TOTALING $179,830.64. CARRIED. 5. Payroll Approval. 97-126 MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY / ~PR:::C:::::::::~Y 1997 PAYROLL. CARRIED. / .1,,// .I 7. Public Hearing - Annexation Petition (ANX-978191-YL), Pratt, 103rd and Creek St. Mayor Wolf closed the regular meeting and opened the public hearing at 7:35 pm. The time, date, place and reason for the public hearing were announced. No objections to participants or conflicts were stated. A staff report and exhibits were provided. Shelly Badger reported that the annexation process would require City Council action on four occasions. The current public hearing is to receive approval to submit the annexation petition to the Thurston Co. Boundary Review Board for review and comment. Being no comments or questions, Mayor Wolf closed the public hearing at 7:35 pm. 97-127 MOTION BY DON MILLER, SECONDED BY ADAM RIVAS APPROVING THE . FORWARDING OF ANX-978191- YL TO THE THURSTON COUNTY BOUNDARY BOARD FOR REVIEW. CARRIED. 8. Public Hearing - Setback Variance Request, (V AR-97-8194YL) Prairie Heights St. SE. Mayor Wolf closed the regular meeting and opened the public hearing at 7:39 pm. The time, date, 7/23/97 City Council Minutes ab\ms\cc. 97\ 7-23\97 Page 1 place and reason for the public hearing were announced. No objections to participants or conflicts were stated. A staff report and exhibits were provided. Shelly Badger reported that the Variance had been reviewed by the Planning Commission during a public hearing on July 21, and the Commission recommendation was for approval of the request. The variance would allow reduce the rear yard setback from 20 to 8 feet and allow construction of a patio awning. Being no comments or questions, Mayor Wolf closed the public hearing at 7 :41 pm. 97-128 MOTION BY VELMA CURRY, SECONDED BY DON MILLER APPROVING THE VARIANCE (V AR978194- YL) FOR A SETBACK REDUCTION. CARRIED. 9. New Business: a. Authorization for Mayor Wolf to sign Rural Development Agency Loan/Grant Letter of Conditions on Water Reuse Project. Shelly Badger reported that end-of-year pooling of funds for expenditure by the Rural Development Agency (Farm Home Administration) found Yelm's project at a stage of completion making it eligible for a $3.8 million loan, along with a $94,000 carryover from the sewer construction project. This funding will improve the fmancial position for the Water Reuse Project. However, a visit today from the project Environmental Review Officer raised questions that some project components might not be in compliance and may need to be changed. Funding eligibility will depend upon meeting the Environmental Review Officer's requirements. Staff therefore was requesting authorization for Mayor Wolf to sign the agreement, if plan modifications can be accomplished. 97-129 MOTION BY ADAM RIVAS, SECONDED BY MARTHA PARSONS AUTHORIZING MAYOR WOLF TO SIGN A $3.8 MILLION WATER REUSE LOAN/GRANT AGREEMENT WITH RURAL DEVELOPMENT AGENCY. CARRIED. 10. Old Business: a. LID Update - Shelly Badger reported that meetings with property owners/developers, representing approximately 600 units, on 7/1 and 7/22 resulted in favorable feedback from those attending. For the LID to successfully raise the additional $1.5 million financing needed to begin the project, 750 residential units would have to sign up. Sandy Mackie, legal counsel, added that there appears to be support to participate and raise the $1.5 million needed to get the project going and identified areas for potential LID pods. At this time City Council approval to proceed and involve the public is being requested. Barbara Woods questioned why individuals living closer to the City were not included in the meetings? Sandy Mackie, Mayor Wolf, and Councilmember Rivas explained that the City was trying to see if there was enough developer interest to come close to the figures needed for a successful LID before going to the public. 7/23/97 City Council Minutes ab\ms\cc. 97\7 -23\97 Page 2 {' . In response to questions Sandy Mackie explained that the yearly assessment to be included in a LID pod would be $1,500 and in exchange you would receive a capacity commitment. The cost would less than someone coming into the system later would be required to pay and would also be less than putting in a septic tank. Tom Skillings added that even with the (treatment plant) expanded capacity, lines etc. would still need to be constructed. . 97-:-130 a MOTION BY DON MILLER, SECONDED BY MART~ PARSONS THAT THE PUBLIC BE INCLUDED IN THE LID EXPLORATION FOR SEWER AND WATERREUSE. CARRIED. b. FEMA Hazard Mitigation Grant. Ken Garmann displayed an aerial photo showing Yelm Creek and described the creek bed as being defined but very shallo.w. He explained the situation at various areas along the creek as identified in the report from Cosmopolitan Engineering dated 6/30/97. The report identified a buildup of heavy vegetation, silt and sediments as key problems. Extreme rainfall conditions have also contributed to the situation. Discussion elaborated on situations in various areas and the problems caused by and ownership of a pipe that channels water from near 3rd and SR507 to Ye1m Creek. Ken Garmann reviewed the Staff report providing information on the amount of funding available" matching funds needed, eligible project types, and assistance in completing the grant. The four focus areas identified in the grant were discussed at length. 97-130 b MOTION BY MARTHA PARSONS, SECONDED BY DON MILLER THAT CITY STAFF PROCEED.WITH THE FEMA HAZARD MITIGATION GRANT APPLICATION FOCUSING 800/0 OF THE FUNDING ON STRUCTURAL CORRECTION AND 10-200/0 FOR BUYOUTS IF STRUCTURAL CORRECTION DOESN'T WORK. CARRIED. 1 '1. Executive Session - Mayor Wolf announced that the Council would be going into an Executive Session for approximately 20 minutes to discuss possible litigation. The meeting was closed at 9:33 pm. Mayor Wolf reopened the regular session at 9:44 pm. Sandy Mackie explained that discussion was on enforcement of the curfew ordinance due to an appeal to the Superior Court, legally advisory to us, that resulted in rulings against curfew ordinances as applied in specific situations in some communities. Counsel has looked at the . ordinances and there are differences between Yelm's and the challenged ordinances. The City will wait and see what the court decides. He added that there is no reason for the ordinance not to remain on the books at this time, and that Y elm's concern in protecting our children is a factor in retaining this ordinance. We should watch for additional rulings at this stage, keeping in mind our' legal rights and the need and responsibility for the protection of our children. At this time there is no reason to make changes. Title Xli Children at Risk can be used while the City watches for further developments. 12. Reports: a. Council Liaison Reports 7/23/97 City Council Minutes. ab\ms\cc.97\7-23\97 Page 3 l) City Hall - Councilmember Parsons repoded on customer service survey results, name tags, and cancellation of the City picnic. Shelly Badger added a Parade update. 2) Court - Councilmember Lawton reported that everything was going well. A written report for June was provided. 3) Public Works - Councilmember Miller reported that the Burlington Northern rail line between Yelm .and Roy had been sold. The new owner can operate it as a rail facility, surplus the equipment or whatever he chooses., Burlington Northern retains the right-of-way. Plans are to contact the new owner in early August. Y-2'Update - A public open house will be advertised in a special newsletter. The next TAC meeting is scheduled for 2 pm on August 12 to prepare for the open house. 4) Police - Councilmember Parsons asked Commander Asmus to report. Brian Asmus reported on activity from 25 June - 23 July which included 604 incidents resulting in 374 police cases, and on preparations for Prairie Days. 5) Park - Councilmember Curry reported on activity at the 7/14 Park Advisory Board meeting focusing on Cochrane Park. .97-131 MOTION BY VELMA CURRY, SECONDED BY MARTHA PARSONS APPROVING THE 8/2/97 PARK USE REQUEST FOR THE AMTECH CORPORATION BARBECUE. CARRIED. b. Mayor's Report - Mayor Wolf met with one of the advance group members for Up With People, they are looking for housing and a fun activity or outing. Other items included EDC, Thurston Co. Fair, and correspondence items from Lt. Governor Brad Owens, Confluence, Dispute Resolution Center and CAPCOM. c. Council Report - Councilmember Parsons reported on an IT workshop. Additional information concerned the purchase of bus shelters using Rural Mobility Grant funding along with IT and City matching funds. 13. Correspondence reviewed included a letter requesting transportation to the Lawrence Lake area will be forwarded to IT, and a letter from the City of Olympia requesting support of the county adopting discrimination protection ordinances. 14. Adjourn: 10:20 pm. Kt;~t!a~ Wf Authenticated: jJJ 7/23/97 City Council Minutes ab\ms\cc.97\7-23\97 Page 4