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05-26-15 MinutesYELM CITY COUNCIL REGULAR MEETING TUESDAY, MAY 26, 2015 MINUTES 1. Mayor Harding called the meeting to order at 6:00 p.m. 2. Roll Call Present: JW Foster, Joe Baker, Jennifer Littlefield, Tracey Wood, Ken Garmann and Russ Hendrickson. 15-037 MOTION BY TRACEY WOOD EXCUSING COUNCILMEMBER BOB ISOM FROM THE MEETING. CARRIED. Agenda Approval 15-038 MOTION BY TRACEY WOOD APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations -none scheduled 5. Public Comment - no comments 6. Consent Agenda Minutes - Regular Meeting May 12, 2015 Payables - Checks #64685 - #64741 Totaling $163,191.15 YCP - Yelm Area Chamber of Commerce Circus, June 5, 2015, Community -wide event YCP - Yelm Education Association Rally, May 27, 2015, 7:30am-12pm, Communi- ty -wide event 15-039 MOTION BY TRACEY WOOD APPROVING THE CONSENT AGENDA AS PRE- SENTED. CARRIED. 7. Public Hearings - a. Yelm East Gateway Planned Action pursuant to the State Environmental Policy Act Mayor Harding opened the Public Hearing at 6:04. Grant Beck presented. Peter Newgard, one of the property owners who funded the study, stated that the engineers did a good job preparing the draft EIS but he has concerns regarding the mitigation and upgrades to intersections in the area. It would cost more to upgrade the intersection than each individual commercial property is worth. Mr. Beck stated the draft EIS does not address any latecomer's agreement or cost sharing of upgrading the intersections. This would be addressed as the commer- cial businesses come into Yelm by the developers. Councilmember Foster asked if Washington Department of Transportation has reviewed the document since it is a State Highway. Mr. Beck stated they have reviewed the document. Mayor Harding closed the Public Hearing at 6:24pm. b. Astound Broadband, LLC (DBA Wave) Telecommunication Franchise Mayor Harding opened the Public Hearing at 6:24. Grant Beck presented. Councilmember Wood voiced concern about adding more lines along Mosman Av- enue. Vic Petersen, Wave representative addressed the concerns of the council. Mayor Harding closed the Public Hearing at 6:37pm. 8. New Business - Page 1 of 4 a. Ordinance No. 1000, Establishing the Yelm East Gateway Planned Action pursuant to the State Environmental Policy Act Grant Beck explained that owners of the undeveloped commercial properties in the area of Grove Road and Walmart Boulevard petitioned the City to conduct an environmental review of the potential development of this area at their cost. The property owners wished to understand the impacts and required mitigation measures, which would be required to undertake commercial development in or- der to understand the costs associated with developing the property. A Planned Action is a tool that the City of Yelm may use to provide regulatory certainty and encourage economic development. This tool is permitted by state law (RCW 43.21C.031 and WAC 197-11-164) and uses up -front State Environmental Policy Act review for subsequent projects that are consistent with the plan. It can also help attract growth and development to designated areas of the City. Reviewing the properties' impacts all together, as a planned action, provides a coordinated development strategy. The City of Yelm has prepared a Draft Environmental Im- pact Statement (EIS) for the East Yelm Gateway Planned Action, accepted public review and comment and issued a Final EIS on April 7, 2015. The EIS covered transportation and high groundwater impacts and proposed potential measures for both these elements of the environment. To implement the mitigation measures proposed in the EIS outside the normal development process, the City Council may adopt a Planned Action Ordinance, approve with amendments or de- ny the adoption of the proposed Planned Action. If adopted, development within the planned action area may proceed through a streamlined environmental re- view process if the proposed development is consistent with the EIS. 15-040 MOTION BY JW FOSTER TO ADOPT ORDINANCE NO. 1000 ESTABLISHING THE YELM EAST GATEWAY PLANNED ACTION PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT. CARRIED. b. Ordinance No. 1001, Astound Broadband, LLC (DBA Wave) Franchise Grant Beck stated that Astound Broadband, LLC, doing business as Wave, applied to the City for a telecommunications franchise to install and operate a fiber optic based telecommunications system within the public rights of way of the City of Yelm. The initial project would be to construct fiber optic facilities through the City to provide telecommunications, private line, and internet access services to major employers, schools, government buildings, and health care facilities, as well as service to existing cell phone towers. The current phase of construction would include a new fiber optic line from 1st Street, along Mosman Avenue, 3rd Street, McKenzie Street, 4th Street and then to Yelm Avenue and SR 507. The ca- ble would be attached to existing Puget Sound Energy power poles except at five corners and at Walmart, where the cable will be placed underground. The City of Yelm has contracted with the law firm of Kenyon Disend to represents the City's interests in negotiating a franchise with Wave. Kenyon Disend specializes in Mu- nicipal Law and franchises. Kenyon Disend and City staff has reviewed the pro- posed franchise and have determined that the terms and conditions adequately protect the City's interest in its rights of way and recommend that Ordinance No. 1001 be adopted by the City Council. 15-041 MOTION BY TRACEY WOOD ADOPTING ORDINANCE NO. 1001 GRANTING TO ASTOUND BROADBAND, LLC, A NONEXCLUSIVE TELECOMMUNICA- TIONS FRANCHISE TO INSTALL AND OPERATE A TELECOMMUNICATIONS SYSTEM WITHIN PUBLIC RIGHTS OF WAY IN THE CITY OF YELM. CAR- RIED. Page 2 of 4 c. Ordinance No. 999, Chapter 15.72 YMC-Relating to Franchises and adopt- ing conditions for the use of rights-of-way Grant Beck explained that the City Council adopted the Unified Development Code (UDC) as a new Title 18 of the Municipal Code on January 27, 2015 with Ordi- nance No. 995. The UDC affected a number of provisions in the Municipal Code, moving many of these provisions into the UDC, but re-enacting some, which were not development related. One of the chapters that was re-enacted outside the UDC related to the processing of telecommunication, cable television, and other utility franchises, and the requirements for operators of these franchises within the City. Through the process of readopting these procedures, the standards for franchises previously codified were inadvertently not included in the new Title 15 YMC relating to Franchises. The standards have been reviewed and found to be up to date, so no changes to the conditions for the use of rights of way are proposed. 15-042 MOTION BY TRACEY WOOD ADOPTING ORDINANCE NO. 1001 GRANTING TO ASTOUND BROADBAND, LLC, A NONEXCLUSIVE TELECOMMUNICA- TIONS FRANCHISE TO INSTALL AND OPERATE A TELECOMMUNICATIONS SYSTEM WITHIN PUBLIC RIGHTS OF WAY IN THE CITY OF YELM. CAR- RIED. d. Yelm Avenue Sidewalk Improvement Construction Award to Iversen and Sons, Inc. Grant Beck stated that historically, the City pursues grant funding in order to complete sections of new sidewalk. In 2014, the City was successful in obtaining Transportation Improvement Board (TIB) grant funding in the amount of $184,184.00 to complete a section of missing sidewalk on Yelm Avenue East be- tween Cullens and Solberg Streets. Design was completed in April 2015 and the project was sent out for construction bids. There were five bids received on May 6, 2015. Bid accuracy has been checked and Iversen and Sons, Inc. is the low re- sponsive bid at $200,185.00. The amount budgeted in the Street Construction Fund #316 for engineering the construction was $234,184, which included a $50,000 city match. The project total with the low bid stands at $255,185, which requires an additional $21,001 in revenue. A request has been sent to TIB for additional dollars; however, a response is pending at this time. The difference not covered by TIB, will be paid for out of the remaining reserve in the Street Con- struction Fund #316 (approximately $10,000) and/or the Arterial Street Fund #102 (remaining reserve of $91,500). Councilmember Hendrickson asked if they were a good reliable company. Councilmember Foster asked about planting trees along the new sidewalk. He does not want any root damage to the new side- walks. Mr. Beck stated that the company is a reliable company and the City of Yelm has updated the design standards for plantings along sidewalks so that there would not be any trees planted that would cause damage to the new side- walks. Councilmember Littlefield asked if a Budget Amendment would come be- fore Council in order to pay the difference of what TIB gave us and our match. Mayor Harding stated a Budget Amendment would come to Council for approval when the project is complete. 15-043 MOTION BY JW FOSTER AUTHORIZING MAYOR HARDING TO SIGN A CON- TRACT WITH IVERSEN AND SONS, INC. IN THE AMOUNT OF (TWO HUN- DRED THOUSAND ONE HUNDRED EIGHT FIVE DOLLARS AND NO CENTS) $200,185.00 FOR CONSTRUCTION SERVICES RELATED TO THE YELM AVE- NUE WEST SIDEWALK IMPROVEMENT PROJECT. CARRIED. 9. Old Business —none scheduled Page 3 of 4 10. Mayor and Council Initiatives Councilmember Foster attended the Thurston County Solid Waste Advisory Committee (SWAG) meeting and discussed the successful City of Yelm Spring Clean Up Event on May 9, 2015. Councilmember Foster also attended the Nisqual- ly River Council meeting and shared how the sea lions were devastating the smolt (young salmon) population until a pod of Orcas came into Puget Sound and start- ing eating the sea lions. The smolt numbers then increased by three fold. Councilmember Baker attended the Intercity Transit Board meeting and helped the Yelm Adult Community Center with some projects. Councilmember Littlefield had the opportunity to use the new sidewalks in front of the Yelm Post Office and stated they are very nice. Councilmember Littlefield al- so attended the Armed Forces Day at JBLM. Councilmember Garmann stated the Thurston County Law and Justice meeting had been cancelled due to the shooting in downtown Olympia. Councilmember Hendrickson attended the Medic One meeting and stated the emergency response time is improving. Mayor Harding attended the Thurston County Chamber Business meeting along with Councilmember Foster. Mayor Harding also attended the Water Rights Appeal in Olympia. 11. Executive Session - none scheduled 12. Correspondence included - Thurston County Solid Waste Reduction News, May 19, 2015 Thurston County News Release from Auditor Mary Hall May 19, 2015 Chamber of Commerce after Hours May 21, 5-7pm The Yelm Business Association, May 15, 2015 Thurston Regional Planning Council Pre -Agenda Friday, June 5, 2015 8:30am - 11am Congressman Denny Heck Newsletter May 24, 2015 13. Adjourned at 6:55 pm. Attest: 4'u Lori Mossman, Deputy City Clerk Page 4of4