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07-12-00 Minutes YELM CITY COUNCIL MINUTES WEDNESDAY, JULY 12, 2000, 7:30 P.M. YELM CITY HALL COUNCIL CHAMBERS 1. Call to Order. Mayor Wolf called the meeting to order at 7:30 p.m. Council Present: Don Miller, Velma Curry, Glen Cunningham and Adam Rivas. John Thompson was excused. a. Presentation of Prairie Days Buttons. Lynn Kolilis and Zella Matthews presented Prairie Days Buttons to Mayor Wolf and City Council. 2. Consent Agenda Items a. Agenda b. Minutes: June 28, 2000 c. Vouchers: #13177 - #13250, Totaling $165,248.59 d. Payroll: Final June 2000 00-86 MOTION BY ADAM RIVAS, SECONDED BY VELMA CURRY APPROVING CONSENT AGENDA ITEMS. CARRIED. 3. Public Comment/Questions. Julie Graber, new Nisqually Valley News reporter introduced herself. 4. Public Hearing - Six-Year Transportation Plan. Mayor Wolf opened the hearing at 7:35 p.m. and announced the time, date, place and purpose of the hearing. No objections/conflicts were stated. Cathie Carlson explained that each year the plan is updated with completed projects removed, new projects added, and existing projects reprioritized according to funding availability and other criteria. The top three priorities for the 2001-2006 are #1 Yelm Ave. West, road widening from Solberg to First Street; #2 Prairie Line, Yelm to Lakeview railway; and #3 citywide resurfacing (chip seal). Mayor Wolf closed the hearing at 7:42 p.m. a. Resolution No. 401 - Six- Year Transportation Program 00-87 MOTION BY ADAM RIVAS, SECONDED BY GLEN CUNNINGHAM APPROVING RESOLUTION NO. 401, THE SIX-YEAR TRANSPORTATION PLAN FOR 2001-2006. CARRIED. 5. Public Hearing - Yelm Development Guidelines Amendments. Mayor Wolf opened the hearing at 7:43 p.m. and announced the time, date, place and purpose of the hearing. No objections/conflicts were stated. Cathie Carlson explained that the Yelm Planning Commission held a public hearing on the changes on July 3, YELM CITY COUNCIL MINUTES ab/cc/2000/minutes Page 1 of 5 and lacking a quorum made a consensus approval recommendation and that the issue will be returned to the YPC for a quorum confirmation. Carlson reviewed the changes outlined in her July 3, 2000 Staff Report. Changes were mostly corrective modifying details to meet current standards. Amendments are being made to the Transportation, Water and Sewer sections. Mayor Wolf closed the public hearing at 7:49 p.m. a. Ordinance No. 706 - Amending Development Guidelines. 00-88 MOTION BY ADAM RIVAS, SECONDED BY VELMA CURRY TABLING ACTION ON ORDINANCE NO. 706. CARRIED. 6. Public Hearing - Adult Business & Mini-Casino Moratorium. Mayor Wolf opened the hearing at 7:50 p.m. and announced the time, date, place and purpose of the hearing. No objections/conflicts were stated. Shelly Badger explained that Council adopted a six-month moratorium (Ord. 705) on applications for adult entertainment and "mini-casino" businesses at the June 26, 2000 meeting. As part of the moratorium process, Council is required to conduct a public hearing within 60 days at which findings of fact on are presented. The two new ordinances on the agenda address these requirements and direct staff to research and develop ordinances for Yelm regulating adult businesses and mini-casinos. Discussion concerned actual "mini-casino" activities, new legislation, and exempt status of existing businesses. Mayor Wolf closed the hearing at 7:55 a. Ordinance No. 707 - Adult Entertainment Findings of Fact. 00-89 MOTION BY VELMA CURRY SECONDED BY GLEN CUNNINGHAM ADOPTING ORDINANCE NO. 707 ADULT ENTERTAINMENT FINDINGS OF FACT. CARRIED. b. Ordinance No. 708 - "Mini-Casino" Findings of Fact. 00-90 MOTION BY VELMA CURRY SECONDED BY DON MILLER ADOPTING ORDINANCE NO. 708 "MINI-CASINO" FINDINGS OF FACT. CARRIED. 7. New Business: a. Public Works Shop Bid Recommendation! A ward. Stephanie Connors reported that three bids had been received and that there was one apparent responsive bid. However, the responsive bid exceeded the project budget. Shelly Badger reviewed her staff report (07/12/00) eXplaining the bids received were for $634,800, Berschauer Construction, Inc.; $677,064, Modern Builders, Inc.; and $687,500, Kaufmall Brothers. Both of the lower bids omitted the required listing of 5 similar construction size, type and cost projects. YELM CITY COUNCIL MINUTES ab/ cc/2000/min utes Page 2 of 5 Staffs non-responsive bid recommendation is precautionary, as there may be other companies that did not submit bids because they lacked the experience of five or more projects. Badger pointed out that there could also be a potential problem with the responsive bidder if the listing requirement is deemed immaterial after the bids were received. Discussion topics included: available options and their weaknesses, attorney's views and recommendation, engineer's views and recommendation, rebid costs, advantages/disadvalltages of a rebid of the project, the possibility of value engineer modifications to reduce costs once the contract has been awarded, and the effects of a delay on current departmental reorganization and hiring. A budget proposal including an additional $50,000 transfer from the water department in 2000and future current fund operating transfers under different scenarios was reviewed. Councilmember Rivas pointed out that if the contract is awarded to the responsive bidder, the bidder is under no obligation to cooperate in trying to reduce project costs so there are long- range budget implications to consider. 00-91 MOTION BY DON MILLER, SECONDED BY ADAM RIVAS REJECTING AS NON-RESPONSIVE THE BERSCHAUER CONSTRUCTION AND MODERN BUILDERS, INC. BIDS FOR THE PUBLIC WORKS SHOP. CARRIED. 00-92 MOTION BY DON MILLER, SECONDED BY ADAM RIVAS ACCEPTING THE KAUFMAN BROTHERS BID OF $685,500 FOR THE PUBLIC WORKS SHOP AND AUTHORIZING MAYOR WOLF TO SIGN A CONTRACT FOR THE WORK. CARRIED. ABSTAINED: VELMA CURRY. Council consensus supported staff actively pursuing value engineering to reduce project costs. b. Ordinance No. 706 Budget Amendment increasing the transfer from the Water Capital Improvement Fund (404) to the Water Construction Fund (431). Agnes Bennick reported that the requested $26,500 increase is necessary to meet remaining obligations for completed water improvement system work. 00-93 MOTION BY DON MILLER, SECONDED BY VELMA CURRY ADOPTING BUDGET AMENDMENT ORDINANCE NO. 706 INCREASING THE TRANSFER FROM FUND 404 TO FUND 431 BY $26,500. CARRIED. c. Ordinance No. 709 Budget Amendment increasing the transfer from the Current Fund (001) to the DARE Fund (109). Agnes Benllick reported that without an infusion of cash, the DARE fund will be unable to meet salary obligations beginning in August. A budget history was provided with a recommendation that the fund be reevaluated, including uniform expenses, during the budget work sessions, as program changes are being planned. YELM CITY COUNCIL MINUTES ab/cc/2000/minutes Page 3 of5 00-94 MOTION BY DON MILLER, SECONDED BY VELMA CURRY ADOPTING BUDGET AMENDMENT ORDINANCE NO. 709 INCREASING THE CURRENT TO DARE TRANSFER BY $15,000. CARRIED. 8. Old Business: a. Water Comprehensive Plan Update (from 6/28/00). Tom Skillings reviewed the Scope of Work for the Comprehensive Water Plan update that would meet current DSHS and WAC guidelines. Work includes examination of the existing system and a determination of alternatives for existing wells and an additional water source that is outside the aquifer used by Wells 1 and 2. Options for well3A will also be explored. A Wellhead Protection Plan to conduct the work necessary to satisfy the Department of Health's requirements and a Cross-Connection Control Plan prepared in accordance with Department of Health requirements is included in the Scope of Work. Project cost is $146,448.00 and would be paid from the Water Department (401) Reserve. 00-95 MOTION BY ADAM RIVAS, SECONDED BY DON MILLER AUTHORIZING STAFF TO PREPARE A CONTRACT FOR COMPREHENSIVE WATER PLAN UPDATE AND AUTHORIZING MAYOR WOLF TO SIGN THE CONTRACT. CARRIED. Brian Matthews updated Council on the Well 1 and 2 situation. Matthews explained that they had gone out on emergency bid and received bids from six drillers, the lowest response being $1,800 for the pump test. A letter will be prepared recommending award of the bid. 9. Reports: a. Library - a written report was provided. Kristin Blalack, Yelm librarian also reported on programs including Wacky Wednesdays and Stump the Librarian. The Timberland Regional Library Board will be meeting at the Fire Station in Yelm on Wednesday, July 26. b. Mayor - Meetings/Events: Bridal Shower, Engineer Interviews, Audit Entrance Interview. Councilmember Cunningham will attend the TRPC meeting on 7/24 with Cathie Carlson. c. Council- Councilmember Miller attended the CAPCOM meeting and provided staff with a budget proposal. Councilmember Cunningham hosted the TRPC Stakeholders meeting in Yelm, discussion concerned replacing funding lost by 1695. d. Financial - End of Month and End of Quarter Reports - Councilmember Rivas reported that end of month and quarter reports were provided and that everything is in order. Funds transferred to the LGIP resulted in an additional $1,486 in interest earned for the month of June. YELM CITY COUNCIL MINUTES ab/ cc/2000/m in utes Page 4 of5 10. Correspondence reviewed included the proposed garbage rate increase. Staff was requested to check with other areas for rates that include yard waste pickup. 11. Adjourn 9: 13 p.m. Atte~; YELM CITY COUNCIL MINUTES ab/cc/2000/minutes Page 5 of5