Loading...
04-09-13 MinutesYELM CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 9, 2013 MINUTES 1. Mayor Harding called the meeting to order at 6:00 p.m. 2. Roll Call Present: J. W. Foster, Joe Baker, Bob Isom, Mike McGowan, Tracey Wood, Ken Garmann and Russ Hendrickson. 3. Agenda Approval 13-23 MOTION BY BOB ISOM APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations - Proclamation for Child Abuse Awareness Month - Mayor Harding read the Proclamation. Public Comment - no comment 6. Consent Agenda Minutes - Regular Meeting March 26, 2013 & Study Session March 27, 2013. Payables - Checks #60072 - #60185 Totaling $602,112.78. 13-24 MOTION BY JOE BAKER APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearing - none scheduled 8. New Business - a. Resolution No. 539 2013 Commercial Irrigation Conservation Program Grant Beck stated the City Council adopted a water conservation program in 2010 that established a water budget for each water customer with an irrigation meter. The budget was based on the amount of water, according to the Washington Irrigation Guide, needed to maintain healthy and productive landscaping, or the customers use in 2009, whichever is less. This program was highly successful and water customers saved almost 50 million gallons of water since 2010.These water savings have helped realize the City's conservation goals and extended the life of existing water system infrastructure. This program will be managed by the Community Development Department with assistance from Public Works weekly. A new water budget has been established for Tahoma Terra HOA and new irrigation users such as Northwest Family Homes (Bella Housa), Salmon Run Apartments and Yelm LDS Church were added. The total amount of water allocated for irrigation in 2013 includes approximately a 5% unallocated reserve for any new customers that might need to be added. The requested 2013 irrigation budget is 1,260,000 cubic feet (28.92 AF). Councilmember McGowan asked about the procedure of the program regarding contact with the customers and the benefits of the program. Mr. Beck stated by monitoring the irrigation accounts there has been a huge savings in water usage, infrastructure to the City and monetary savings to the businesses. All commercial businesses with irrigation are contacted by mail and some are contacted in person. Page 1 of 4 13-25 MOTION BY MIKE MCGOWAN ADOPTING RESOLUTION NO. 539 RESTRICTING THE USE OF WATER FOR IRRIGATION PURSUANT TO SECTION 13.04.97 YELM MUNICIPAL CODE AND ESTABLISHING POLICIES AND PROCEDURES FOR THE IMPLEMENTATION OF WATER CONSERVATION MEASURES FOR 2013. CARRIED. b. Ordinance No. 965 Amending Rules for the Use of City Parks Grant Beck explained that the City is updating certain sections of the Yelm Municipal Code in order to be consistent with Section 9.41.290 RCW, which preempts the regulation of firearms within the boundaries of the state. Chapter 9.68 YMC currently restricts the carrying of firearms in City parks, although the state law would allow the carrying of firearms under certain circumstances. Amending the Park rules would make them consistent with the state. Additionally, several recent park use requests have brought items to our attention that necessitates clarification of certain Park rules regarding overnight camping, reoccurring events within the parks, and signage. The proposed Ordinance addresses these areas by amending language to reflect the City's intent as shown by past practices. Councilmember McGowan expressed concern with allowing firearms in the City Park. Understanding that this change would bring us into compliance with the state law, Councilmember McGowan does not support this change personally and will abstain from voting. Mayor Harding allowed Bryan Boyea, citizen of Yelm to speak on this matter. Mr. Boyea noticed the sign in the City Park regarding firearms and it is inconsistency with state law and brought it to the City's attention. Mr. Boyea thanked the Mayor and Council for working expeditiously on this matter. Mr. Boyea is an active concealed weapons carrier and quoted the NRA President by saying the only thing that is going to stop the bad guy with a gun, is a good guy with a gun. Citizens have the right and the responsibility to protect them. Councilmember McGowan responded to Mr. Boyea's comment by stating he does not debate the right to carry firearms he debates whether it is a good idea to have loaded weapons in our City Park. 13-26 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 965 AMENDING RULES FOR THE USE OF CITY PARKS. MIKE MCGOWAN ABSTAINED. CARRIED. c. Ordinance No. 966 Amending YMC 9.28.070 Possession of Firearms by Minors Todd Stancil, Chief of Police explained that the Yelm Municipal Code (YMC) regarding the use and possession of firearms has been in place since 1977. There have been changes made since 1977 to the state law creating discrepancies between the two. YMC 9.28.070 deals specifically with minors (under the age of 18) and firearms. The existing YMC is more restrictive than the Revised Code of Washington (RCW). We are seeking to repeal YMC 9.28.070 (Ordinance 966) in its entirety and refer to state law 9.41.042 in regards to minors and possession of firearms from this point forward. Ordinance No. 966 has been reviewed by Brent Dille, Yelm City Attorney and is recommended for adoption by Council. 13-27 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 966 AMENDING YELM MUNICIPAL CODE 9.28.70 RELATING TO POSSESSION OF FIREARMS BY MINORS. CARRIED. Page 2 of 4 c. Ordinance No. 967 Amending YMC 9.32.110 Possession of Firearms Chief Stancil explained YMC 9.32.110 deals specifically with prohibited weapons within the city limits of Yelm. The existing YMC states that firearms are not permitted to be possessed or sold within 1000 feet of school property. The RCW allows possession and/or sale of guns within 500 feet of school property. Amending our YMC (Ordinance 967) will bring our code in compliance with state law. Ordinance No. 967 has been reviewed by Brent Dille, Yelm City Attorney and is recommended for adoption by Council. 13-28 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 967 AMENDING YELM MUNICIPAL CODE 9.32.110 RELATED TO THE POSSESSION OF FIREARMS. MIKE MCGOWAN ABSTAINED. CARRIED. d. Ordinance No. 968 Repealing YMC 9.24.020 through 9.24.060 Possession of Controlled Substances Todd Stancil, Chief of Police reported that in November of 2012, Washington voters approved Initiative 502 to legalize, regulate and tax small amounts of marijuana. Portions of the Initiative also changed the law on possession of drug paraphernalia associated with the use of marijuana. Yelm Municipal Code (YMC) currently prohibits the possession of Marijuana in YMC 9.24. Adopting Ordinance No. 968 would bring YMC in compliance with the state law. Ordinance has been reviewed by Brent Dille, Yelm City Attorney and is recommended for adoption by Council. Councilmember Isom stated he would be voting against this issue regardless if it would bring the City of Yelm into compliance with the state law. He has concerns about the position that the federal government will take on this issue and as part of upholding the laws Washington and the Constitution of the United States, he will be voting against this issue. Brent Dille added clarification on Ordinance No. 968. 13-29 MOTION BY JW FOSTER ADOPTING ORDINANCE NO. 968 REPEALING SECTIONS 9.24.020 THROUGH 9.24.060 OF THE YELM MUNICIPAL CODE RELATING TO THE POSSESSION OF CONTROLLED SUBSTANCES. BOB ISOM VOTED NO. CARRIED. d. Ordinance No. 969 Repealing Chapter 9.26 relating to the possession of drug paraphernalia Chief Stancil stated this is another part of Yelm Municipal Code that needs to be updated to bring us into compliance with RCW 69.50, which was revised after the passage of Initiative 502 that clearly defines the new limits associated with possession of drug paraphernalia. Most paraphernalia charges are misdemeanor charges that would come before Brent Dille. Ordinance No. 969 has been reviewed by Brent Dille, Yelm City Attorney and is recommended for adoption by Council. 13-30 MOTION BY TRACEY WOOD ADOPTING ORDINANCE NO. 969 REPEALING CHAPTER 9.26 OF THE YELM MUNICIPAL CODE RELATING TO THE POSSESSION OF DRUG PARAPHERNALIA. BOB ISOM ABSTAINED. CARRIED. 9. Old Business — none scheduled 10. Mayor and Council Initiatives Councilmember Isom attended the Thurston Regional Planning Council where they discussed local food systems. There was an individual from the Washington State University extension that gave a presentation about how much agricultural Page 3 of 4 businesses bring into Thurston County in terms of income and how much land is in Thurston County. Also a change in the bylaws to allow non-TRPC members to be voting members and a possibly bylaw change to allow them to hold an office. Councilmember McGowan attended the Thurston County HOME Consortium and reported they approved $170,000 to a homeless group that has gone from a tent city to housing that is more permanent. A smaller amount was approved for Continuation Youth Services (CYS) for their youth shelter. There was a third funding awarded to a youth daytime shelter. The RFP process is approaching for the federal monies. Also looking at the process for funding of state money and the planning process to become more proactive rather than reactive. The Homeless Point and Time Consensus report is available for viewing. Councilmember Wood attended the TComm 911 Admin Board meeting and discussed more updates on the narrow band project and bringing the new elected members up to speed. Councilmember Hendrickson attended the City Park Master Plan meeting and reported 700 surveys were mailed to household today in hopes of receiving feedback from the community on the proposed community center and updates to the park and gauging financial support for the project. This project will be featured at the upcoming Home and Garden Show April 27 & 28. Mayor Harding attended the Thurston County Economic Development Council awards banquets where Yelm business Ice Chips was recognized and nominated for their role in creating a healthy and diverse community throughout our community. Mayor Harding also attended the Thurston County Mayor's Forum where they discussed the County's new Entitlement status to access the Community Development Block Grant funds. Also reminded Council that April 15 is the last day to file the Public Disclosure Commission (PDC) forms for their positions. Mayor Harding appreciates and thanked the Council for the deliberate discussion on items on tonight's agenda. Even though Council might not necessarily agree on some of the state laws, it is important as a majority that is consistent with those state laws. 11. EXECUTIVE SESSION - none scheduled 12. Correspondence included - Sustainable Thurston ENewsletter- Shape the Future of Your Community, dated March 25, 2013 AWC Legislative Bulletin #12, dated March 29, 2013 Olympia- Lacey -Tu mwater Visitor & Convention Bureau Newsletter dated April 1, 2013 AWC Cityvision March/April 2013 13. Adjourn 6:57 pm. Attest: � Dul Ron Har in Mayor Lori Mossman, Deputy City Clerk Page 4 of 4