12-08-04 MINUTES
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YELM CITY COUNCIL MEETING
DRAFT MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 8, 2004
Call to Order. Mayor Rivas called the meeting to order at 7:30 p.m.
Roll Call. Present: Don Miller, Joe Baker, Bob Isom, Ron Harding
Excused: Pat Fetterly
Agenda Approval
MOTION BY BOB ISOM, SECONDED BY RON HARDING
APPROVING THE AGENDA AS PRESENTED. CARRIED.
Special Presentations - None Scheduled
Public Comment
James Zukowski, announced that after the beginning of the year City
Council tapes will be played back on TCTV, channel 22 locally or 29
outside Thurston County, at 5 p.m. on Thursdays and Saturdays.
Joy Adams, Mayor Rivas explained that the public could speak on any
topic other than Walmart, and that at some point an opportunity would be
made available for both proponents and opponents to speak. At this time
the City has not received an application.
Consent Agenda
Council Minutes: Tuesday, November 23, 2004 Regular Meeting
Payables: Checks 23985-24102 totaling $512,682.02
Manual Checks 23985-24016, totaling $1,520.00
Claims Checks 24017- 24102 totaling $511,162.02
Payroll:
Final November 2004, Checks 8698-8792 totaling $193,942.92
Preliminary December 2004
Park Use Requests - None
Financial Report: End of Month, November 2004
MOTION BY DON MILLER, SECONDED BY JOE BAKER
APPROVING CONSENT AGENDA ITEMS AS PRESENTED.
CARRIED.
Public Hearing(s): 2005 City ofYelm Final Budget. Mayor Rivas
opened the Public Hearing at 7:38 p.m. and called for the staff report.
Shelly Badger reported that there have been no changes made since the
last meeting. It was noted that a budget amendment would be necessary
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during the year for the fire contract. Being no additional questions or
comments, Mayor Rivas closed the public hearing at 7:43 p.m.
Ordinance No. 819, 2005 City ofYelm Budget
MOTION BY BOB ISOM, SECONDED BY RON HARDING
ADOPTING ORDINANCE 819 THE 2005 CITY OF YELM BUDGET.
CARRIED
New Business
Ordinance No. 820, Business and Occupation Tax Model Ordinance,
Administrative Provisions and General Provisions. Mayor Rivas called
for a staff report. Staff responded that changes are mandated by the
legislature requiring that the 'model' or 'core' ordinance be adopted by
cities with a Business and Occupation Tax by the end of 2004. Material
was provided for review at two Study Sessions earlier in the year. Yelm's
existing B&O Tax Code is being repealed and replaced by this ordinance.
Although a lot of text is being added to the Yelm Municipal Code, very
little will be changing from the way it was implemented in the past. The
code will provide an exemption for qualifying non-profits for other than
business type activities.
The repeal process also impacts Yelm's existing Utility Tax provisions
and a new chapter is being added 3.42 to replace those provisions.
MOTION BY RON HARDING, SECONDED BY BOB ISOM
ADOPTING ORDINACE NO. 820 REPEALING AND REPLACING
YELM MUNICIPAL CODE CHAPTERS 5.04 AND 5.08 WITH
CHAPTERS 5.02 BUSINESS LICENSES GENERALLY, 5.04
ADMINISTRATIVE PROVISIONS, AND 5.06 BUSINESS AND
OCCUPATION TAX 'MODEL' ORDINANCE. CARRIED.
Ordinance No. 822, Utility Tax Ordinance creating Yelm Municipal
Code Chapter 3.42 to address Utility Taxes that were formerly located in
Chapter 5.04.
MOTION BY RON HARDING, SECONDED BY JOE BAKER
ADOPTING ORDINACE NO. 821 ENACTING A NEW CHAPTER,
3.42, UTILITY TAXES TO REPLACE UTILITY TAX REFERENCES
IN YMC 5.04.040, SUBSECTION A. CARRIED.
Annexation Petition Request from Denny Balascio. Mayor Rivas called
for a staff report. Grant Beck explained that Council could 1) refuse the
request; 2) approve the request as submitted; or 3) approve with
modifications. The submitted request is for a ten acre parcel (Suburban
Realty) that includes 32 purchased sewer connections, and a 12.53 acre
(Tyler) parcel directly to the north. Staff recommended that the Tyler
parcel be eliminated as it is not part of the LID and that Sunnyland
Estates immediately south and already served by City water be included
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instead. This would provide more logical boundaries.
The petition can be based upon 60% of the property valuation or 50% of
the gross land area plus 50% of registered voters. If the petition is
successful, it would be reviewed by the Thurston County Boundary
Review Board and then come back to council in the form of an
Annexation Ordinance.
MOTION BY BOB ISOM, SECONDED BY DON MILLER
APPROVING A REQUEST TO CIRCULATE A PETITION FOR
ANNEXATION FOR THE PROPOSED ANNEXATION AREA
EXCLUDING THE 12.53 ACREA TYLER PARCEL AND
INCLUDING THE PROPERTIES IN THE SUNNYLAND
ESTATES SUBDIVISION UTILIZING EITHER THE PETITION
METHOD OR THE ALTERNATE PETITION METHOD OF
ANNEXATION AND REQUIRING THAT THE PROPERTIES
WITHIN THE ANNEXATION AREA ASSUME THEIR SHARE
OF EXISTING CITY INDEBTEDNESS AND IDENTIFYING THE
COMPREHENSIVE PLAN DESIGNATION FOR THE ANNEXED
PARCELS AS MODERATE DENSITY RESIDENTIAL (R-6).
CARRIED. ABSTAINED: RON HARDING
Ordinance No 822,2004 End of Year Budget Amendments. Mayor
Rivas called for the staff report. Staff responded that this is an annual
housekeeping item intended to increase appropriations to match actual
revenue/expenditures. The 2004 budget appropriation changes increase
the Retro program costs, reduce the OMB appropriation, cover a shortfall
in Fund 203's Beginning Net Cash estimate, and increase Fund 308
appropriations as the result of the City receiving TIB funding.
MOTION BY RON HARDING, SECONDED BY DON MILLER
ADOPTING ORDINACE 822 AMENDING THE 2004 BUDGET AS
ADOPTED IN ORDINANCE 794, BY INCREASING
APPROPRIATIONS BY $194,873. CARRIED.
Old Business
2005 City of Y elmlY elm Fire District Fire and Emergency Medical
Protection Agreement. Mayor Rivas called for a staff report. Shelly
Badger responded that negotiations between the City and Fire District
resulted in one year agreement for 2005 that establishes accountability
for response times, responsibility for commercial fire inspections, and
ongoing activity reporting. The 2005 contract amount of $325,500 is a
$50,000 increase over the final 2004 appropriation, as adjusted during the
year by a $24,787 increase.
MOTION BY RON HARDING, SECONDED BYDON MILLER
AUTHORIZING MAYOR RIVAS TO SIGN THE CALENDAR YEAR
2005 FIRE AND EMERGENCY MEDICAL PROTECTION
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AGREEMENT IN THE AMOUNT OF $325,500. CARRIED.
Ordinance No. 823 Transferring Funds from Fund 401 to 431. Mayor
Rivas called for a staff report. Stephanie Ray responded that at the
October 13, 2004 Council Meeting staff updated the funding status of
reclaimed water improvement projects. At that time Council directed
staff to prepare an ordinance transferring $136,000 from the Water Fund
to the Water Construction Fund to cover cost increases.
MOTION BY RON HARDING, SECONDED BY DON MILLER
ADOPTING ORDINANCE 823 TRANSFERRING $136,000 FROM
FUND 401 (WATER) TO FUND 431 (WATER CONSTRUCTION).
CARRIED.
2005 Service Provider Agreement, City of Yelm and Yelm Area
Chamber of Commerce. Mayor Rivas called for a staff report. Shelly
Badger reported that during the budget process, Council approved
continued funding in the amount of $6,000 for services to include
researching and preparing tourist-related materials, producing the 2005
map, and organizing, sponsoring, administering and advertising
community events that draw attendees from outside the Yelm area.
MOTION BY RON HARDING, SECONDED BY DON MILLER
AUTHORIZING MAYOR RIVAS TO SIGN THE CALENDAR
YEAR 2005 SERVICE PROVIDER AGREEMENT BETWEEN
THE CITY OF YELM AND THE YELM AREA CHAMBER OF
COMMERCE IN THE AMOUNT OF $6,000. CARRIED.
2005 Service Provider Agreement, City of Y elmlY elm Community
Schools, Nisqually River Education Project. Mayor Rivas called for a
staff report. Shelly Badger responded that during the budget process
Council approved continued funding in the amount of $1,250 for services
including transportation for the annual Winter Water Quality Monitoring
activities, water quality test kits and chemical reagent supplies,
transportation for Yelm students to the 2005 Water Quality Congress,
and conference facility rental fees. The contract would run from January
thru May of2005.
MOTION BY JOE BAKER, SECONDED BY DON MILLER
AUTHORIZING MAYOR RIVAS TO SIGN AN
INTERGOVERNMENTAL SERVICES CONTRACT IN THE
AMOUNT OF $1,250.00 WITH YELM COMMUNITY SCHOOLS-
NISQUALL Y RIVER EDUCATION PROJECT. CARRIED.
Mayor and Council Reports and Initiatives and Board/Commission
Business
Ronni Nutter and Char Miller have been reappointed to terms on the
Historic Preservation Commission.
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b. The December 220d Council Meeting will be cancelled.
Mayor Rivas expressed his appreciation to staff for preparation of
presentations. It was noted that City offices would be closed on Friday,
December 24 and Friday December 31.
Council Reports
Councilmember Harding requested that the Council retreat be postponed
if two members were unable to attend.
Councilmember Isom attended a TRPC meeting where a Role Evaluation
Committee was proposed.
Councilmember Baker reported that the SW AC meeting had been
cancelled and that he would attend the Senior Center meeting on Friday.
Councilmember Miller attended the Fire District meeting where
discussion concerned the budget.
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Executive Session - None Scheduled
12.
Correspondence reviewed included information about a Comcast rate
Increase.
13.
Adjourn: 8:36 p.m.
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Attest:
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