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01 09 2024 Yelm City Council Agenda PacketEST. 1924 WASHINGTON CITY COUNCIL AGENDA January 9, 2024 6:00 PM Yelm City Council meetings are held in-person at 106 2nd St SE Yelm, WA 98597 and virtually on Zoom. Registration is required to attend virtually; please use the link below to register. https://us06web.zoom.us/webinar/register/WN HD1c5dXROMSoNLcZtmgwZA 1. CALL TO ORDER/ROLL CALL 2. AGENDAAPPROVAL 3. SPECIAL PRESENTATIONS a) None Scheduled 4. PUBLIC COMMENT—COMPLETE A BLUE SPEAKER'S CARD OR RAISE HAND VIRTUALLY 5. CONSENTAGENDA a) December 12, 2023 Regular Meeting Minutes 6. NEW BUSINESS a) Interlocal Agreement for Critical Area Permit Processing - SR 510/Yelm Loop Ph 2 Motion to authorize Mayor DePinto to enter into an interlocal agreement between the City of Yelm and Thurston County for critical area permit processing for the SR 510/Yelm Loop Phase 2 project. b) Election of Mayor Pro -Tem 7. OLD BUSINESS a) None Scheduled 8. STANDING COUNCIL COMMITTEE REPORTS a) Public Safety Committee b) Public Services Committee c) Finance Committee 9. MAYOR/CITY ADM IN ISTRATOR/STAFF REPORTS 10. COUNCILMEMBER REPORTS 11. EXECUTIVE SESSION a) None Scheduled 12. ADJOURN 106 2nd ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider MEETING INFORMATION All regular Yelm City Council meetings are recorded. Meetings can be viewed at www.yelmwa.F-Iov or a copy may be purchased by contacting the City Clerk's office at 360.458.8816. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you require reasonable accommodations to participate at a City Council meeting, please contact the City Clerk's office at 360.458.8816 at least four (4) working days prior to meeting. Information on the Americans with Disabilities Act and the Title VI Statement is available at www.yelmwa.gov/human-resources. *The public comment portion of the agenda is an opportunity for the public to address the Council for items that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment on matters listed on the published agenda are welcomed as part of the normal agenda. Public Comment Guidelines: The City reserves up to five members of the public to address the Council at the beginning of regular business meetings on topics that are not on the agenda. Each speaker will be given 3 minutes and may be asked follow up questions by the Mayor or Council. Further public comment may be allowed on agenda topics as time permits. We ask that speakers use respectful language and remember they are speaking to fellow citizens of Yelm who are committed to listening and responding appropriately to citizens' concerns. Members of the public engaging in disruptive behavior may be removed or blocked from the meeting. Page 2 of 2 FST. 1924 WASHINGTON CITY COUNCIL MEETING MINUTES VIRTUAL AND IN PERSON TUESDAY, December 12, 2023 Call to Order: Mayor Joe DePinto called the meeting to order at 6:00 PM. Roll Call: Tracey Wood, Joseph Richardson, Joshua Crossman (virtual), Holly Smith, Brian Hess, Trevor Palmer, and Mayor Joe DePinto. Excused: Terry Kaminski Staff Present: City Clerk Kathy Linnemeyer, Finance Director Stephanie Nanavich, Public Services Director Cody Colt, APPROVAL OF THE Motion by Brian Hess to approve the agenda as presented. Seconded by Trevor Palmer Motion carried 6-0 SPECIAL PRESENTATIONS: Mayor Joe DePinto announced that Kyle Cronk with the YMCA is sick and is not able to be here for his presentation. PUBLIC COMMENT: Dustin Stephan expressed concerns about the effect a YMCA would have on local businesses and asked for caution about bringing one to Yelm. Harry Miller stated that the parade was awesome and that the lighting in the park is improving. He announced the 50th anniversary of the Yelm Senior Center. CONSENT AGENDA: a) November 28, 2023 and December 5, 2023 Yelm City Council Meeting Minutes Motion by Brian Hess to approve the consent agenda. Seconded by Tracey Wood Motion carried 6-0 NEW BUSINESS: Ordinance No. 1109 — Municipal Code Title 5 Amendments Motion by Brian Hess to approve Ordinance No. 1109 updating the Yelm Municipal Code Title 5 to add special event vendor licenses and other mandatory updates. Seconded by Trevor Palmer Motion carried 6-0 Confirmation of Mayor DePinto's Appointments to the Boards and Commissions Motion by Brian Hess to push back the confirmation of the appointments from today to December 19th at 6:00 PM. Seconded by Joseph Richardson Motion carried 6-0 STANDING COUNCIL COMMITTEE REPORTS: Public Safety Committee — Councilmember Smith reported that the Public Safety Committee met and discussed the Public Safety Committee Tax. MAYOR/CITY ADMINISTRATOR/STAFF REPORTS: Cody Colt — Gave updates on the Dog Park and Prairie Line Trail. Mayor DePinto —Announced his external committee and liaison assignments for Councilmembers, City of Yelm held their annual Thanksmas, attended Thurston EDC meeting and announced that Officer Moody will be retiring. COUNCILMEMBER REPORTS: Councilmember Wood — Attended the Elected Officials Essentials training and the celebration of life for Joe Baker. Councilmember Richardson —Attended the Chamber of Commerce Forum and announced that the Senior Center will hold an auction and dinner on Saturday at 5:30. Councilmember Crossman — Asked what say Councilmembers have in the AWC Legislative Agenda. Councilmember Smith —Attended the movie and Toy Drive. Councilmember Hess — First Special Forces group finished celebrating Menton week and he appreciates the community support of the Jewish committee with the menorah lighting. Councilmember Palmer — Attended the AWC Elected Officials training and the celebration of life for Joe Baker. ADJOURNMENT: Motion by Holly Smith to adjourn the meeting at 6:45 PM. Seconded by Trevor Palmer Motion carried 6-0 Joe DePinto, Mayor Kathy Linnemeyer, City Clerk AGENDA ITEM: I EST. 1924 WASHINGTON Meeting Date: January 9, 2024 CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington Interlocal Agreement for Critical Area Permit Processing SR 510/Yelm Loop Ph 2 ACTION REQUESTED Authorize Mayor DePinto to enter into an interlocal agreement between the City of Yelm and Thurston County for critical area permit processing for the SR 510/Yelm Loop Phase 2 project. KEY FACTS AND INFORMATION SUMMARY: WSDOT intends to construct the State Route (SR) 510/Yelm Loop Phase 2 project consisting of a new two-lane limited access highway generally running north and east of the Yelm city limits. The project will be located partially within the incorporated limits of the City of Yelm for which the City has regulatory authority, and partially within the unincorporated Yelm Urban Growth Area (UGA), which is regulated by Thurston County. The project includes a crossing of Yelm Creek, the centerline of which is the current jurisdictional boundary between the incorporated limits of the City of Yelm and the Yelm UGA. Critical areas are located within the project corridor, primarily on both sides of Yelm Creek where the project crosses the creek including wetland buffers, floodplain and protected tree species. RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. The City of Yelm and Thurston County have therefore agreed that the City will serve as the lead agency for review and issuance of critical area permits and approvals for the SR 510/Yelm Loop Phase 2 project. 11 Page ATTACHMENT: • Interlocal Agreement between The City of Yelm and Thurston County for Permit Processing - z ully Submitted: . Hughes, P. . City Engineer 21 Page INTERLOCAL AGREEMENT BETWEEN THE CITY OF YELM AND THURSTON COUNTY FOR PERMIT PROCESSING SR 510 / YELM LOOP NEW ALIGNMENT PHASE 2 PROJECT WHEREAS, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, pursuant to RCW 39.34.040, each party is authorized to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform: provided, that such contract must be authorized by the governing body of each party to the contract and must set forth its purposes, power, rights, objectives, and responsibilities of the contracting parties; and WHEREAS, Washington State Department of Transportation (WSDOT) intends to construct the State Route (SR) 510/Yelm Loop New Alignment Phase 2 (PROJECT) consisting of a new two- lane limited access highway generally running north and east of the Yelm city limits, connecting to SR 510 at Mud Run Rd. and to SR 507 at 170th St. SE; and WHEREAS, the PROJECT will be located partially within the incorporated limits of the City of Yelm (YELM) for which YELM has regulatory authority, and partially within the unincorporated Yelm Urban Growth Area which is regulated by Thurston County (COUNTY); and WHEREAS, the PROJECT includes a crossing of Yelm Creek, and the centerline of Yelm Creek is the current jurisdictional boundary between the incorporated limits of the City of Yelm and the Yelm Urban Growth Area (UGA); and WHEREAS, critical areas are located within the project corridor, primarily on both sides of Yelm Creek where the PROJECT crosses the creek including wetlands, buffers, and Oregon white oak trees; and WHEREAS, formal consultation with the United States Fish and Wildlife Service (USFWS) has been completed, and the USFWS issued a Biological Opinion on January 9, 2021, and has determined that the PROJECT, as proposed, is not likely to jeopardize the continued existence of the Yelm Pocket Gopher with the implementation of reasonable and prudent measures; and WHEREAS, on April 1, 2020, the National Marine Fisheries Service (NMFS) issued a concurrence letter that the project is not likely to adversely affect (NLTAA) species listed as threatened or endangered or critical habitats designated under the Endangered Species Act (ESA); and Interlocal Agreement/City of Yelm and Thurston County Page 1 WHEREAS, the City of Yelm Critical Areas Ordinance regulates among other things wetlands, streams, buffers, and Oregon white oak habitat within the city limits and the Thurston County Critical Areas Ordinance regulates such areas within the unincorporated Yelm UGA; and WHEREAS, the City of Yelm and Thurston County have agreed that under this Agreement YELM will (except as otherwise provided in this Agreement) serve as the lead agency for review and issuance of critical area permits and approvals, identification of potential mitigation measures for project impacts, if necessary, and ensuring compliance with public notice and commenting procedures as may be required. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, YELM and COUNTY agree as follows: I. Purpose/Objective The purpose of this Agreement is to allow YELM to take lead agency status for critical area review and permitting. IL Scope of Agreement/Work A. Responsibilities of YELM are as follows: 1. As lead agency, the City will be responsible for review and issuance of critical area permits and approvals, identification of potential mitigation measures for project impacts, if necessary; and ensuring compliance with public notice and commenting procedures as may be required. 2. Critical areas will be regulated in accordance with Yelm Municipal Code Chapter 18.21, Critical Areas and Resource Lands. 3. The City will provide the County with copies of issued critical area permits for the Project. B. Responsibilities of the COUNTY are as follows: 1. Upon request by YELM, the County shall provide consultation services when needed to interpret and implement County codes and regulations. 2. The County will delegate and grant to the City any and all authority necessary or appropriate to exercise critical area review and permitting for the Project. III. Costs Interlocal Agreement/City of Yelm and Thurston County Page 2 The CITY will not charge or invoice the COUNTY for any work, activity, or fees associated with implementation of this Agreement. The COUNTY will not charge the CITY for any work, activity or fee associated with this Agreement. IV. Indemnification & Workers Compensation The COUNTY and YELM each agree to defend, indemnify, and hold the other, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including reasonable attorney fees, arising out of or in connection with each entity's respective performance of its responsibilities under the Agreement., except to the extent such injuries and damages are caused by the negligence of the other. In any and all claims against each parry, its officers, officials, employees, and agents by any employee, subcontractor, any directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section is not limited in any way by any limitation on the amount of type of damages, compensation, or benefits payable by either parry or subcontractor under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the COUNTY and YELM expressly waive any immunity either might have had under Title 51 RCW. By executing the Contract, the COUNTY and YELM acknowledge that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section must be incorporated, as relevant, into any contract either parry makes with any subcontractor or agent performing work hereunder. V. Joint Board; Property This Agreement creates no Joint Board and no separate legal entity. No real or personal property will be acquired or held as part of carrying out this Agreement. To the extent any party furnishes property for purposes of carrying out this Agreement, such property must be returned to that Party upon termination of this Agreement, or upon that Party's withdrawal from this Agreement. VI. Duration of Agreement This Agreement is effective until November 30, 2028, unless otherwise terminated in the manner described under the termination section of this Agreement. Interlocal Agreement/City of Yelm and Thurston County Page 3 VII. Termination of Agreement This Agreement may be terminated upon 60 days' notice to the other party using the method of notice provided for in this Agreement. VIII. Entire Agreement This Agreement sets forth all terms and conditions agreed upon by YELM and COUNTY and supersedes any and all prior agreements oral or otherwise with respect to the subject matter addressed herein. IX. Counterparts This Agreement may be executed in a number of identical counterparts which, taken together, constitute collectively one Agreement; but in making proof of this Agreement, it is necessary to produce or account for more than one such counterpart. Additionally, (i) the signature pages taken from separate individually executed counterparts of this Agreement may be combined to form multiple fully executed counterparts; and (ii) a facsimile signature or an electronically scanned signature, or an electronic or digital signature where permitted by law, must be deemed to be an original signature for all purposes. All executed counterparts of this Agreement are originals, but all such counterparts, when taken together, constitute one and the same Agreement. X. Posting or Recording Prior to its entry into force, this Agreement must be posted upon the websites of the parties or other electronically retrievable public source or filed with Thurston County Auditor's Office or as required by RCW 39.34.040. XI. Emplovment Relationship Employees of each agency remain at all times under the direction and control of their original agency and the performance of work for any other agency pursuant to this Agreement shall not change that relationship for any purpose. Neither agency may be deemed to have agreed to pay the other agency's employees any wages or benefits afforded to its own employees. Further, each agency's responsibilities to its own employees for workplace injuries remains unchanged by this Agreement. Interlocal Agreement/City of Yelm and Thurston County Page 4 XII. Notice/Contract Representative Any notice required under this Agreement must be to the party at the address listed below and shall become effective three days following the date of deposit in the United States Postal Service. CITY OF YELM Attn: Pat Hughes Re: Interlocal Agreement with Thurston County PO Box 479 Yelm, WA 98597 patrickhgyelmwa.gov: 360.878.2042 THURSTON COUNTY Attn: Brett Bures Re: Interlocal Agreement with City of Yelm 2000 Lakeridge Dr SW, Bldg 1 Olympia, WA 98502 brett.bures2co.thurston.wa.us : 360.786.5471 XIII. Records Each party shall maintain its own public records and is solely responsible for responding to records requests received about the subject matter of this Agreement. Any public records request addressed to the group as if this Agreement created a separate legal entity, must be deemed to be a request received by each member individually. Each member shall respond separately, unless agreed to otherwise in writing and properly documented. XIV. Interpretation and Venue This Agreement is governed by the laws of the State of Washington as to interpretation and performance. The parties hereby agree that venue for enforcement of this agreement is the Superior Court of Thurston County. XV. Changes, Modifications, Amendments, and Waivers This Agreement may be changed, modified, amended, or waived only by written agreement executed by the parties hereto. Waiver or breach of any provision or condition of the Agreement may be considered a waiver of any prior or subsequent breach. Interlocal Agreement/City of Yelm and Thurston County Page 5 XVI. Signatures The parties affirm they have designated the persons below to have signature authority for the parties. By their signatures on this Agreement, the parties agree to all its provisions and conditions. XVII. Severability If any provision of this Agreement or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions, conditions or applications of this Agreement which can be given effect without the invalid provision, condition, or application. To this end the provisions and conditions of this Agreement are declared severable. XVIII. Effective Date This Agreement takes effect as of the date of filing or posting as required by RCW 39.34.040 and Section X above. CITY OF YELM Joe DePinto, Mayor Date: Approved as to form: City Attorney THURSTON COUNTY Date: Deputy Prosecuting Attorney Interlocal Agreement/City of Yelm and Thurston County Page 6