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01-26-05 MINUTES YELM CITY COUNCIL MEETING MINUTES REGULAR MEETING WEDNESDAY, JANUARY 26, 2005 Call to Order 1. . Mayor Rivas called the meeting to order at 7:30 p.m. Roll Call 2. . Present: Don Miller, Joe Baker, Bob Isom, Ron Harding and Pat Fetterly 3. Agenda Approval 05 - 06 MOTION BY BOB ISOM, SECONDED BY RON HARDING APPROVING THE AGENDA AS PRESENTED. CARRIED. Special Presentations 4. – None Scheduled Public Comment 5. - Ed Wiltsie, Rainier, introduced himself as an engineer representing local clients. He indicated that zoning and site development ordinances are generally written for 50-60,000 sq. ft. projects and that when extended beyond these norms it creates environmental loads that existing ordinances don’t accommodate. He suggested adoption of an emergency moratorium on large development and a review and adjustment of existing ordinances. 6. Consent Agenda a. Council Minutes: January 12, 2005 Regular Meeting b. Payables: Checks 24151- 24313 totaling $344,485.30 1) Manual Checks 24306 - 24313, totaling $360.00 2) Claims Checks 24151- 24305 totaling $344,125.30 c. Payroll: Final January 2005 d. Park Use Requests – None th e. Financial Reports: December 2004 End of Year and 4 Quarter ’04 05 - 07 MOTION BY DON MILLER, SECONDED BY JOE BAKER APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. 7. Public Hearing a. Annexation Petition, Phill, SR507 and Bald Hills Road, ANX-04-0119-YL - Mayor Rivas opened the public hearing at 7:36 p.m. announcing the time, place and purpose of the hearing and called for a staff report. Tami Merriman responded that at the March 10, 2004 regular meeting Council approved Mr. David Phill’s request to circulate a petition to annex 42.84 acres as recommended by staff. The required signatures have been obtained and confirmed by the Thurston Co. Assessor’s Office. The proposal has been Yelm City Council Minutes Page 1 ab/city council/2005/01-26-05 reviewed by the Thurston Co. Boundary Review Board with no objections. If annexed, the property would be zoned Heavy Commercial (C-2). Issues discussed included current condition of roadway, improvement and maintenance requirements, and the need to bring existing properties into compliance with Yelm’s commercial land use requirements. Staff indicated that property owners were contacted and that although the property would have to be brought up to City standards, owners are aware that they could not develop their property in the county. Additionally, the money for Bald Hill Road improvements would be incorporated into the Six Year Transportation Improvement Plan. Being no additional comment Mayor Rivas closed the public hearing at 7:46 p.m. b. Ordinance 827 – Phill Annexation SR507 and Bald Hills Rd., ANX-04-0119- YL - Tami Merriman explained that adoption of Ordinance 827 provides final approval of the annexation and includes a requirement that the property be subject to existing City indebtedness and taxation. 05 – 07 MOTION BY BOB ISOM, SECONDED BY RON HARDING ADOPTING ORDINANCE NO. 827 APPROVING ANX-04-0119-YL AND ANNEXING PROPERTY BETWEEN SR507 AND BALD HILLS ROAD. CARRIED. 8. New Business a. Ordinance No. 826, Business and Occupation Tax Amendments. Agnes Bennick explained that this ordinance cleans up some items overlooked in the original Yelm Municipal Code sections adopted with Ordinance No. 820 by removing an Admissions Tax cite, and adding text related to taxation by radio and television broadcasters. 05 - 08 MOTION BY PAT FETTERLY, SECONDED BY DON MILLER ADOPTING ORDINANCE NO. 826 AMENDING ORDINANCE 820 AND YELM MUNCIPAL CODE CHAPTERS 5.04 AND 5.06. CARRIED. b. Mill Pond Estates Final Plat Approval, SUB-04-0216YL – Tami Merriman reported that the project has been completed and staff has reviewed the plat for compliance with conditions of approval placed on the preliminary plat and is satisfied that the final plat meets all conditions. 05 – 09 MOTION BY BOB ISOM, SECONDED BY RON HARDING APPROVING THE FINAL PLAT FOR MILL POND ESTATES, SUB- 04-0216-YL. CARRIED. 9. Old Business a. Ordinance No. 824 and Contract Approval for Mountain View Road Water Assessment. Tami Merriman explained that at Council’s request the Mountain Yelm City Council Minutes Page 2 ab/city council/2005/01-26-05 View Road Latecomer’s Agreements had been tabled at the January 12, 2005 meeting in response to audience questions. Ms. Merriman addressed concerns voiced by a speaker during the public hearing process including noticing and payment requirements. She noted that the RCW’s questioned were actually related to Local Improvement District (LID) requirements; not those related to Latecomers Agreements. She also clarified that the 15 year ‘property assessment’ being questioned is also part of the LID process; that the latecomer’s contract permits a developer to recover a portion of improvement costs from additional development along his improvements for a 15 year period before expiration. The agreement’s 8% interest rate was questioned leading to discussion on determining an appropriate amount. 05 - 10 MOTION BY PAT FETTERLY, SECONDED BY BOB ISOM TABLING ACTION ON ORDINANCE NO. 824 AND THE WATER ASSESSMENT REIMBURSEMENT CONTRACT TO THE FEBRUARY 9, 2005 MEETING. CARRIED. b. Ordinance No. 825 and Contract Approval for Mountain View Road Sewer Assessment. This item was also continued from the January 12, 2005 Council meeting. 05 - 11 MOTION BY PAT FETTERLY, SECONDED BY RON HARDING TABLING ACTION ON ORDINANCE NO. 825 AND THE SEWER ASSESSMENT REIMBURSEMENT CONTRACT TO THE FEBRUARY 9, 2005 MEETING. CARRIED. 10. Mayor and Council Reports and Initiatives and Board/Commission Business Councilmember Harding attended an IT Board meeting where discussion concerned goal statements. Councilmember Isom along with Mayor Rivas met with the House and Senate Transportation Committee Chairs and found that there are no guarantees of state funding for the 510 Loop. He thanked staff for producing quality handouts to take to the meeting. Councilmember Baker attended a Senior Center meeting and spoke about the STARS program which was approved to operate out of the center. Mayor Rivas reported that hiring lobbyists to work on the City’s 510 Loop had already opened doors for communicating with legislators. Mayor Rivasannounced the reappointments of Glen Cunningham and John Graver to additional terms on the Yelm Planning Commission. Yelm City Council Minutes Page 3 ab/city council/2005/01-26-05 05 - 12 MOTION BY RON HARDING, SECONDED BY JOE BAKER CONFIRMING REAPPOINTMENT OF GLEN CUNNINGHAM AND JOHN GRAVER TO THE PLANNING COMMISSION. CARRIED. When requested, Councilmember Baker agreed to participate in the February 10 interview process to interview the four applicants for the remaining Planning Commission vacancy. 11. Executive Session – Approximately 20 minutes for discussion related to litigation. Mayor Rivas closed the meeting at 8:15 p.m. announcing that Council would be going into Executive Session for approximately 20 minutes and requested that the room be cleared. Staff announced a five minute extension of the executive session time. Mayor Rivas reopened the regular meeting at 8:43 p.m. Correspondence 12. reviewed included an update on Bald Hills Road Improvements between Vail Road and the Smith Prairie Road Intersection. Adjourn 13. : 8:44 __________________________________ Adam Rivas, Mayor Attest: __________________________________ Agnes Bennick, City Clerk Yelm City Council Minutes Page 4 ab/city council/2005/01-26-05