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03-25-14 Minutes2 YELM CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 25, 2014 MINUTES Mayor Pro -Tem Isom called the meeting to order at 6:00 p.m. Roll Call Present: J. W. Foster, Joe Baker, Bob Isom, Mike McGowan, Ken Garmann and Russ Hendrickson. Tracey Wood arrived at 6:02. Mayor Pro -Tem Isom announced Mayor Harding was ill and would not be attending the meeting. 3. Agenda Approval 14-027 MOTION BY JOE BAKER APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations - Jacob Theis, 2013 Reserve Officer of the Year for the Yelm Police Department Chief Stancil introduced Mr. Theis and explained that in September of 2012, Jacob went through the background check and was selected from a pool of applicants. In January of 2013, Jacob attended the Reserve Police Academy through the Fife Police Department and graduated in April of 2013 in the top 3 in his class with a 97.4 % average. Jacob is a full time manager at the Yelm Starbucks and is a member in a band call Noon Day Sun with his wife Tiffiny. They have traveled around the world playing their music and have produced three albums. Mr. Theis graduated from Yelm High School in 2006. Since becoming a Reserve Officer for Yelm, Mr. Theis has volunteered over 300 hours to the Yelm Community and is currently a Level 2 Reserve working quickly towards a Level 3. Jacob's attitude, hard work, willingness to learn and accepting of criticism and praise set him apart from the average Officer. He has gained the respect of the full time Officers in a very short time and they all enjoy working and training Jacob. Devon Taylor, 2013 Officer of the Year for the Yelm Police Department Chief Stancil introduced Devon Taylor and stated Devon started his Law Enforcement service in October of 2002 as a Reserve Officer with the Yelm Police Department. Mr. Taylor was the Reserve Officer of the Year in 2005. In 2006, Devon was employed as the Operations Supervisor for Campus Safety at Pacific Lutheran University. Devon worked there through 2010 while at the same time maintaining his Reserve commitments with Yelm. In July of 2011, Yelm hired Devon as a full time Patrol Officer. The decision to select Devon Taylor as Officer of the Year was unanimous. The way Mr. Taylor represents himself as a person and officer is honorable. His tireless work ethic and positive attitude are contagious amongst his peers. His dedication to the mission of the department and the high level of customer service he provides to the citizens of Yelm is a great example to others. Devon is regarded as a model police officer, sets a high standard, and has a pure enjoyment at the opportunity to serve the public. His loyalty to this department over the years as a Reserve and now a full time Officer defines the word loyalty and commitment. The City of Yelm is fortunate to have an Officer of Devon's caliber and integrity. Page 1 of 5 On behalf of the City of Yelm, Mayor Pro -Tem Isom stated it is an honor to have men of their caliber representing the City to the public. Mayor Pro -Tem Isom thanked them for their service and told them to keep up the good work. 5. Public Comment - Leilani Macmillan, Thurston County resident wished the Mayor a speedy recovery and easy healing. She reminded the Council of the appropriate law as we go about business. Ms. Macmillan was disappointed that she could not speak on regarding items on tonight's agenda. Ms. Macmillan quoted Article 1, Section 1 of the Constitution of the United States. Changes to the Comprehensive Plan must be for the health, safety and welfare of the public. Zoning changes cannot be made unless the Comprehensive Plan is in place and any change must have justification based on solid scientific proof not projections and estimates. The Plan must be heard with public hearings so the public is informed. Ms. Macmillan reminded the Council not to be a government that takes the power from the people. The power of the government comes from the power inherent in the people. 6. Consent Agenda Minutes - Regular Meeting March 11, 2014 Payables - Checks #62156 - #62225 Totaling $ 456,054.51. 14-028 MOTION BY RUSS HENDRICKSON APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearing -none scheduled 8. New Business - a. Water Reclamation Facility (WRF) - Septage and Sludge Hauling Contract with Drain Pro Inc. Ryan Johnstone explained that waste activated sludge from the WRF and septage from City owned STEP tanks must be collected, hauled, and disposed of throughout the year. Collection and disposal occurs on a regular basis, with STEP tanks being pumped once a week and sludge collected and hauled from the WRF at least twice a week. Last year, the WRF produced 87 tons of waste activated sludge, which was hauled to the City of Tacoma Central Treatment Facility and made into Tagro. An additional 31 tons of septage was collected from City owned STEP tanks and disposed of at Bio -Recycling Inc. in Shelton. In 2013, these volumes corresponded to $81,944 spent on WAS disposal and $110,167 on septage disposal. The previous contract expired in 2013. A scope was assembled and bids were solicited through ads placed in the Nisqually Valley News and the Seattle Daily Journal of Commerce. One bid was received from Drain Pro Inc. and is at the same rate as the previous contract. The 2014 budget allocates $100,986 for WAS disposal and $153,774 for septage disposal. This contract will be for two years starting on April 1, 2014 and expiring on April 1, 2016. Councilmember McGowan asked if Mayor Harding or Pro -Tem would be signing the contract. Mayor Pro -Tem Isom stated he would sign the contract as Mayor Pro -Tem if Council approves it. Hendrickson asked about the frequency of sludge pick up. Mr. Johnstone stated they would be twice a week to get the thickened sludge from the WRF and once a week to pump tanks in various parts of town. Councilmember Hendrickson asked if it would be cost effective for Yelm to do the work themselves. Mr. Johnstone stated Yelm does not currently have the equipment and the trucks could cost close to half a million dollars, so not at this time. Page 2 of 5 14-029 MOTION BY MIKE MCGOWAN AUTHORIZING MAYOR PRO -TEM ISOM TO SIGN A CONTRACT WITH DRAIN PRO INC. FOR HAULING CITY SEPTAGE AND SLUDGE AT A RATE OF $.24 (TWENTY FOUR CENTS) PER GALLON FOR SEPTAGE AND $.10 (TEN CENTS) PER GALLON FOR WASTE ACTIVATED SLUDGE (WAS). CARRIED. b. The Silver Mic Cabaret License Lori Mossman reported an application for a Cabaret License was received from Robert Older for The Silver Mic (formerly Flanagan's Apple) located at 704 Yelm Ave W. A Cabaret License is needed when an establishment serves alcoholic beverages as well as provides live music. The applicant agrees to pay the expense for obtaining a special officer who shall be on duty at the place of business of the applicant at any time the Mayor of the City determines that there is a need for maintaining peace and order. Robert Older has completed the Cabaret application and agrees to the terms. Police Chief Stancil has reviewed and approved the application. 14-030 MOTION BY JOE BAKER APPROVING THE APPLICATION FROM ROBERT OLDER TO OBTAIN A CABARET LICENSE FOR THE SILVER MIC LOCATED AT 704 YELM AVE. W. (FORMERLY FLANAGAN'S APPLE) YELM, WA 98597. CARRIED. c. Resolution No. 547 — 5 -Year Urban Forestry Plan Gary Carlson stated the 5 -year Urban Forestry Plan provides a blueprint for projects related to community forestry, including public education about trees, proper tree planting and maintenance, public relations and promotion of trees and other general program goals. Due to City Council, Tree Board volunteers members, and community support, Yelm's Urban and Community Forestry Program has become a sustainable program that provides a number of valuable services to current and future residents of Yelm. The Yelm Tree Advisory Board updates the Plan every 5 years. During this process, the Tree Board reviews goals from the past five years to determine which have been achieved, those that will need to be re -addressed and new ways to promote urban forestry. The updated plan for 2014-2019 includes maintaining an annual street tree maintenance schedule, lost or damaged street tree replacement and using GIS coordinates to locate each street tree on a digital map. Councilmember Hendrickson asked about the trees planted along the sidewalk near Mr. Dougs Restaurant and stated the roots are damaging the sidewalks with their roots. Mr. Carlson explained that was a poor selection for a street tree and they were planted in 1998 prior to having a good Strategic Plan in place. There is an approved list of trees that new developments can choose from which are better suited for planting in the City and they will have root barriers so that damage will not be done to the nearby sidewalks or streets. 14-031 MOTION BY TRACEY WOOD APPROVING THE 2014-2019 5 -YEAR URBAN FORESTRY STRATEGIC PLAN UPDATES. CARRIED. d. Community Development Block Grant (CDBG) Agreement (Skate Park) Grant Beck stated the City applied for a Community Development Block Grant through Thurston County for the development of a new skate park at the site of the old City Shop at 203 1St Street in the amount of $450,000. The grant request was approved by Thurston County in the amount of $439,208. The sub -recipient agreement formalizes the grant award and will allow the City to proceed with the construction of the new skate park. To date, the City and County have completed Page 3of5 the Federal environmental review process and are ready to proceed with the project. The City Attorney and the AWC Risk Management Services Agency have reviewed the agreement. After approval, the City will begin final design of the new facility and go out to bid for construction. Councilmember McGowan asked if this was the year in this format as an Entitlement County and how the funds will rotate? Mr. Beck stated all jurisdictions signed an interlocal agreement and part of the agreement among the jurisdictions is that the grant funding will be rotated through all entities involved within five years. 14-032 MOTION BY MIKE MCGOWAN AUTHORIZING MAYOR PRO -TEM ISOM TO SIGN THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC FACILITIES SUB RECIPIENT AGREEMENT WITH THURSTON COUNTY PUBLIC HEALTH AND SOCIAL SERVICES, HOUSING AND COMMUNITY RENEWAL. CARRIED. e. Ordinance No. 986 Vehicle Impounds Todd Stancil stated The Revised Code of Washington 46.55.120 specifically addresses periods of vehicle impoundment when drivers are arrested for driving while license suspended or revoked. In 2012, the legislature added Washington Administrative Code 204-96-020, which required a 12 -hour hold on all vehicles where the driver is arrested for DUI. In 2013, impoundment periods were adjusted and/or added, as well as additional responsibilities placed on tow truck companies and the law enforcement agency conducting the impounds in regards to vehicle owner notification. Yelm Municipal Code 10.26 is currently out of alignment with RCW standards in terms of periods of impoundment and required notifications. Also the current language does not address the addition of WAC 204-96-020 in regards to the 12 hour impound hold on all vehicles in which the driver is arrested for driving under the influence. The proposed revision to YMC 10.26 will include all revised state standards for periods of impoundment and proper notification. 14-033 MOTION BY FOSTER APPROVING ADOPTION OF ORDINANCE NO. 986 RELATED TO YELM MUNICIPAL CODE 10.26, THE IMPOUNDMENT OF VEHICLES FOR DRIVING WHILE LICENSE SUSPENDED OR REVOKED AND DRIVING UNDER THE INFLUENCE. CARRIED. f. Ordinance No. 987 Model Traffic Ordinance Todd Stancil stated that in 1994 the State of Washington created a Washington Administrative Code 308-330 known as the Model Traffic Ordinance. The purpose of the code was to encourage highway safety and uniform traffic laws by authorizing the Department of Licensing to adopt a comprehensive compilation of sound, uniform traffic laws to serve as a guide, which local authorities may adopt by reference or any part thereof, including all future amendments or additions. The Code is not intended to deny any local authority its legislative power, but rather enhance safe and efficient movement of traffic throughout the state by having current, uniform traffic laws available. The Model Traffic Ordinance was adopted by ordinance in 1995 (codified in YMC section 10.04.010), with the exception of RCW 46.61.502 (Driving under the Influence), 46.61.504 (Physical Control of Vehicle under the Influence) and 46.61.506 (Persons under Influence of intoxicating liquor or drug). By repealing and replacing Yelm Municipal Code 10.040.010 with Model Traffic Ordinance per WAC 308.330.425, this would bring our code into alignment with state law. 14-034 MOTION BY TRACEY WOOD APPROVING ORDINANCE NO. 987 ADOPTING THE MODEL TRAFFIC ORDINANCE, WASHINGTON ADMINISTRATIVE CODE 308-330, IN ITS ENTIRETY. CARRIED. Page 4of5 9. Old Business - 10. Mayor and Council Initiatives Councilmember Foster attended the Thurston County Solid Waste Advisory Board (SWAC) meeting. Councilmember Foster attended the interview process for the selection of engineering firms on the upcoming contract for the Water Reclamation Facilities Plan. Councilmember Baker attended the Intercity Transit Board meeting and reported on the new program called Village Vans which transports people to and from work for free or gratis in the Olympia, Tumwater and Lacey areas and hopefully in Yelm in the future. The program currently has 26 vans and volunteer drivers have donated 5427 hours to the program. Councilmember Baker also attended the Yelm Adult Community Center and reported the membership has increased since the review of the bylaws and new officers were appointed. Councilmember Garmann attended the Thurston County Law and Justice Meeting and reported that Chief Roberts of Olympia gave a presentation regarding their efforts to clean up the downtown Olympia area. They have also added one officer to the narcotics task force and are in the process of hiring 20 new officers. They have identified the new drug of choice to be heroin. The City of Olympia currently has one needle exchange program and City of Tacoma has six. Councilmember Garmann also attended the consultant interviews for WRF Plan. Councilmember Garmann had some excitement last night when Yelm Police knocked on his door to report there had been a vehicle pursuit from Nisqually Pines, the vehicle involved had been abandoned in front of his house, and the person fled on foot. Police were polite and did a thorough job of canvassing the neighborhood. Councilmember Hendrickson attended the Medic One meeting, held elections for the committee, and retained the current members. Statics show there is a 50% survival rates for cardio patients in Thurston County. 11. Executive Session - none scheduled 12. Correspondence included - Workshop for Elected Officials & Planners - April 10 -Spokane & May 22 -Tacoma A Taste of Chocolate Celebrating Community Mediation April 13, 2014 3-5pm Red Lion Hotel Forest Ballroom AWC Legislative Bulletin March 14, 2014 Thurston Regional Planning Council Friday, April 4, 2014 8:30-10:30 am 13. Adjourn 6: l ( Attest: Bob Isom, Aayor Pro -Te Lori Mossman, Deputy City Clerk Page 5of5