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08 25 2015 Agenda PacketAGENDA YELM CITY COUNCIL MEETING TUESDAY, AUGUST 25, 2015, 6:00 P.M. Website Viewing: Clicking on agenda items will open associated documents including staff reports, resolutions, ordinances, etc. Note: some agenda items may not have attachments. 1. Call to Order 2. Roll Call 3. Agenda Approval ACTION 4. Special Presentations- 5. Public Comment — Please complete a blue speaker's card and present it to the meeting recorder. Comment topics should not appear elsewhere on the agenda. Time (three minutes per speaker) and the number of speakers (five) are limited and may be adjusted to meet agenda requirements. 6. Consent Agenda ACTION a. Minutes; Regular Meeting August 11, 2015 b. Payables; Checks # 7. Public Hearing - Ordinance No. 1003 & Ordinance No. 1004 Amendment to the Yelm Municipal Code relating to animal control and keeping of chickens, ducks and rabbits 8. New Business- a. Ordinance No. 1003 Animal Control Ordinance ACTION 30 min Presenters: Grant Beck & Ryan Johnstone Attachments: Staff Report, Ordinance No. 1003 b. Ordinance No. 1004 Amending UDC, YMC 18.30.010 ACTION Presenters: Grant Beck & Ryan Johnstone Attachments: Staff Report, Ordinance No. 1004 C. BCRA Fee Agreement Amendment No. 2 — Yelm Community Center ACTION 10 min Phase 1 Presenter: Ryan Johnstone Attachments: Staff Report, Contract Amendment Request d. Lodging Tax Advisory Committee Appointments ACTION 5 min Presenter: Janine Schnepf Attachments: Staff Report, Adopted Ordinance No. 993 e. Resolution No. 560 Transportation Facilities Charge Update ACTION 10 min Presenter: Ryan Johnstone Attachments: Staff Report, Resolution No. 560 9. Old Business — none scheduled 10. Council and Mayor Councilmember Foster represents Yelm on the following committees. • Thurston County Solid Waste • Nisqually River Council Advisory Committee (SWAC) • Yelm Finance Committee Councilmember Baker represents Yelm on the following committees. • Intercity Transit Board • Yelm Adult Community Center Councilmember Isom represents Yelm on the following committees. • Thurston Regional Planning Yelm Economic Development Council Committee (TRPC) • Yelm Finance Committee Councilmember Littlefield represents Yelm on the following committees. • Thurston County HOME Yelm Finance Committee Consortium Councilmember Wood represents Yelm on the following committees. • (TRPC) Transportation Policy • Yelm Transportation Committee Board • TComm 911 Admin Board Councilmember Garmann represents Yelm on the following committees. • Yelm Transportation Committee Thurston County Law and Justice Councilmember Hendrickson represents Yelm on the following committees. • Medic One Yelm Emergency Operations Board Mayor Harding represents Yelm on the following committees. • Thurston County Economic • Yelm Finance Committee Development Council • Yelm Emergency Operations Board • Yelm Transportation Committee • Thurston County Mayor's Forum • Yelm Economic Development • (TRPC) Transportation Policy Committee Board 11. Executive Session- none scheduled 12. Correspondence (Correspondence is available upon request) Thurston County Auditor Mary Hall's News Release dated August 19, 2015 regarding the Thurston County Naturalization Ceremony Thurston County Auditor Mary Hall's News Release dated August 18, 2015 - Tie in Tenino Mayor's Race, Lot Draw to Determine who's first on November Ballot 13. Adjourn Upcoming Meetings Council Study Session, Wednesday, August 26, 2015, 5:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, September 8, 2015, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, September 22, 2015, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to 3 minutes and the number of speakers limited to five. Comments during the public comment portion of the meeting should not be associated with measures or topics appearing elsewhere on the agenda and should not address topics for which public hearings have been conducted or are anticipated. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or activities, please contact Janine Schnepf, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are available at rr�aww. cii.ya� Ilir�rn.wa. ups 2. 15 -063 15 -064 4. 5. 6. 15 -065 7. 8. MUNN YELM CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 11, 2015 MINUTES Mayor Harding called the meeting to order at 6:00 pm. Roll Call Present: Joe Baker, Bob Isom, Tracey Hendrickson. MOTION BY JOE BAKER EXCUSING JW LITTLEFIELD FROM THE MEETING. CARRIED. Agenda Approval MOTION BY BOB ISOM APPROVING THE CARRIED. Special Presentations - none scheduled Public Comment - no comments Agenda Item 6. a. Minutes Page 1 of 2 Wood, Ken Garmann and Russ FOSTER AND JENNIFER AGENDA AS PRESENTED. Consent Agenda Minutes - Regular Meeting July 28, 2015 & Study Session July 29, 2015 Payables - Checks #65100 - #65211 Totaling $877,311.00 MOTION BY TRACEY WOOD APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. Public Hearing -none scheduled New Business - a. SW Well 1A Contracts; Prospect Construction, RH2 Engineering Construction Management and Parametrix SCADA Integration Ryan Johnston explained the SW Well 1A is the culmination of several years of engineering and hydro geologic design and coordination. This is the first source of potable water to be constructed as part of larger proposed water system improvements in the southwest portion of the City and it paves the way for additional future water system expansion as proposed in the current City of Yelm Water System Plan. Preliminary design of the SW Well 1A infrastructure began in 2012 with final design being completed in 2015. On June 3, 2015, the SW Well 1A project was advertised for construction and 11 bids were opened on July 15, 2015. Prospect Construction was the lowest responsive bid. The construction management scope provided by RH2 is comprehensive and not only incorporates full -time onsite construction inspection services but also pre- construction services, facility startup and testing assistance, and SCADA system software development, startup and testing. The Parametrix SCADA Integration contract includes the work necessary to incorporate the SW Well 1A infrastructure into the larger water utility SCADA system. Their services include making telemetry design, SCADA Telemetry startup, commissioning, and training. Funds for the project are in Fund 431, Water Construction. It is reasonable to assume that the duration of the project will be approximately one year. Councilmember Hendrickson asked where Prospect Construction, Inc is located and if they have had experience in this type of a construction project. Mr. Johnstone replied they are based out of Puyallup and they specialize in the water and wastewater treatment industries. They are currently working on a large project for Nisqually Indian Tribe. Councilmember Wood asked if these contracts if passed by Council tonight would be the total costs involved to complete this project. Mr. Johnstone stated there would be a couple of contracts Page 1 of 2 Agenda Item 6. a. Minutes Page 2 of 2 that will come before Council in the future for services that have specialized skills in the water and wastewater facility projects. 15 -066 MOTION BY TRACEY WOOD AUTHORIZING MAYOR HARDING TO AWARD THE PROJECT TO AND SIGN THE CONSTRUCTION CONTRACT WITH PROSPECT CONSTRUCTION, INC. IN THE AMOUNT OF $4,931,035.28, SIGN THE CONSTRUCTION MANAGEMENT CONTRACT WITH RH2 ENGINEERING, INC. IN THE AMOUNT OF $508,000.00, AND SIGN THE SCADA INTEGRATION CONTRACT WITH PARAMETRIX, INC. IN THE AMOUNT OF $18,345.00. CARRIED. 9. Old Business -none scheduled 10. Mayor and Council Initiatives Councilmember Wood attended the TComm 911 Admin Board meeting and they discussed strategic planning. Councilmember Wood also attended the Intercity Transit meeting in Councilmember Bakers' absence. They discussed the annual report and transit plans. Councilmember Garmann attended the Relay for Life on August 1, 2015 at the Rainier High School. Councilmember Garmann praised the City staff for all they have done to raise money for the American Cancer Society. Councilmember Hendrickson attended the Yelm Emergency Operations Board meeting and they discussed fuel alternatives in an emergency. Mayor Harding attended the Yelm Emergency Operations Board meeting with the Public Works Director Ryan Johnstone. They discussed what role Yelm would play in a natural disaster. Yelm would most likely be a staging area. Mayor Harding attended the Yelm Chamber Forum where they honored military personnel. Yelm Police Officer Devon Taylor was recognized for saving a life last fall in the Yelm- McKenna area after they went off the road into the canal. Mayor Harding also attended the Relay for Life on August 1. 11. Executive Session - none scheduled 12. Correspondence included - Congressman Denny Heck Newsletter August 3, 2015 Thurston County Auditor's Office Press Release, August 5, 2015 Who's Who Community Yearbook, Friday, July 31, 2015 honoring City Administrator Shelly Badger 13. Adjourned at 6:20 pm. Attest: Ron Harding, Mayor Lori Mossman, Deputy City Clerk Page 2 of 2 MUNN Agenda Item 7. Public Hearing Notice City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 Yelm City Council Notice of Public Hearing Amendment to the Yelm Municipal Code relating to animal control and the keeping of chickens, ducks, and rabbits. The Yelm City Council has scheduled a public hearing to receive comments on a proposed amendment to the Yelm Municipal Code. The hearing is scheduled for 6:00 PM on Tuesday, August 25, 2015, and will take place in the Council Chambers /Court Room at the Yelm Public Safety Building, 206 McKenzie Street SE. Chapter 6.08 YMC establishes animal control regulations and violations and is being updated to reflect current practices and procedures of the City. Section 18.30.010 YMC of the Unified Development Code establishes normal accessory uses to a single family dwelling and is being updated to allow chickens, ducks, and rabbits in residential neighborhoods, provided certain conditions are met. For additional information, please contact Grant Beck at 360- 458 -3835. Written comments will be received up to the close of the public hearing. Written comments may be submitted at the hearing or may be mailed to Grant Beck, City of Yelm, 105 Yelm Avenue West, Yelm, WA 98597. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability in need of accommodations to conduct business or to participate in government processes or activities please contact Janine Schnepf at 360- 458 -8402 at least five working days prior to the scheduled event. Janine Schnepf, City Clerk Published: Nisqually Valley News: August 14, 2015 PLEASE DO NOT PUBLISH BELOW THIS LINE Posted Yelm City Hall and Yelm Timberland Library To Ii•Tii Mayor Ron Harding Yelm City Council Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 1 of 18 City of Yelm STAFF REPORT Ryan Johnstone, Public Works Director Grant Beck, Community Development Director Date: August 14, 2015 (for August 25, 2015 City Council Meeting) Subj: Adoption of amendments to the Animal Control Code Recommendation Adopt Ordinance 1003 amending Chapter 6.08 Yelm Municipal Code clarifying animal control regulations, violations, and procedures. Background The current animal control code, Chapter 6.08 YMC, was last updated in 2002 and contains regulations and procedures that are outdated and not consistent with current practices. The code is not clear regarding enforcement procedures and which City Department (Police or Public Works) takes the lead on what types of violations. The proposed amendments clarify the roles and responsibilities of the various Departments that implement the code, and formalize the process for notification of violations. The amendments further clarify that only dogs are impounded by Public Works and allows the option for chipping impounded dogs rather than requiring it. Current Situation Ordinance 1003 updates the Yelm Animal Control Code to reflect current practices and to clarify roles and responsibilities of various City Departments.. The Council should adopt Ordinance 1003. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 2 of 18 CITY OF YELM ORDINANCE NO. 1003 AN ORDINANCE of the City of Yelm amending Chapter 6.08 of the Yelm Municipal Code relating to Animal Control. WHEREAS, Chapter 6.08 Yelm Municipal Code establishes regulations, penalties, and policies related to animal control within the City of Yelm; and WHEREAS, Chapter 6.08 YMC has not been updated or amended in many years and contains elements which are out of date with the current needs of the City and its citizens; and WHEREAS, Chapter 6.08 YMC involves three Departments of City Government and is not clear in every instance about the responsibilities of each Department; Now, THEREFORE, the Yelm City Council do ordain as follows: SECTION 1. Chapter 6.08 YMC is amended according to Exhibit A to this Ordinance. SECTION 2. This ordinance shall take effect five days after passage, approval, and publication. PASSED by the City Council of Yelm this 25th day of August, 2015. Ron Harding, Mayor Authenticated: Janine A. Schnepf, City Clerk PUBLISHED: Nisqually Valley News, September 4, 2015 EFFECTIVE DATE: September 9, 2015 Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 3 of 18 EXHIBIT A ORDINANCE NO. 1003 6.08.010 Purpose. This chapter is enacted for the purpose of regulating the keeping of dogs, cats and other pet animals within the city. TM_ r___, -I-_ Pg@@ and _hail 6_ 6-...g@':....' 6.08.020 Responsibilities. A. Public Works Director. :61. Appoint animal control officers. =12. Provide for impounding of pet animals in circumstances found to be in violation of this chapter; :al. Provide or arrange for shelter services and authorize the redemption, sale, placement and humane destruction of pet animals so impounded; 4. Issue written determinations relating to dangerous or potentially dangerous pet animals and other nuisance violations of this chapter. =35. Adopt policies and procedures necessary to implement this chapter. B. Police Chief. 1. Issue citations for violations of this chapter. C. City Clerk. 1. Adminster the licensing provisions of section 6.08.040 of this chapter. 6.08.030 Definitions. B. "Adult pet animal" means a pet animal of either sex, altered or unaltered, which has reached the age of six months or which has produced offspring or which is pregnant. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 4 of 18 ., „ "Guard dog" or "attack dog" means any member of the dog family which has been trained for or is used for the purpose of protecting persons or property by exhibiting hostile or aggressive behavior or propensities or which will attack on signal or command. "Harbors, keeps, possesses, or maintains a pet animal" means providing care, shelter, protection, refuge, food, or nourishment in such manner as to influence the behavior of the animal, or treating the animal as living at one's property. , L. "Impound" means to take control and possession by authorized officials of any animal found in circumstances constituting a violation of this title, and pursuant to the terms thereof. M. "Impound facility" means a place provided and operated or arranged for under the authority of the animal services department for the impoundment, care, placement and humane destruction of dogs, cats and other pet animals at large. „ „ - 114 11 - -- - - - - - - - - -- ` - -- - - -- -- - - - - -- - - - - - - - - - - -- - -- - -- -- -- -- - - - -- - - - - - - - -- -- - - -- - - - - -- -- --- -- - - -- -- -- - -- -- "Guard dog" or "attack dog" means any member of the dog family which has been trained for or is used for the purpose of protecting persons or property by exhibiting hostile or aggressive behavior or propensities or which will attack on signal or command. "Harbors, keeps, possesses, or maintains a pet animal" means providing care, shelter, protection, refuge, food, or nourishment in such manner as to influence the behavior of the animal, or treating the animal as living at one's property. , L. "Impound" means to take control and possession by authorized officials of any animal found in circumstances constituting a violation of this title, and pursuant to the terms thereof. M. "Impound facility" means a place provided and operated or arranged for under the authority of the animal services department for the impoundment, care, placement and humane destruction of dogs, cats and other pet animals at large. „ „ Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 5 of 18 r� ssss��_ _ ress�!se!r�e , - - - - --- mow.. ,�:...._..�:..r ..r �w....rr....._... , - - - --- - - -- - - - - -- -- - - - - - -- - - - ------------ - wo - n -iffilm"11 I = -Mi w - m --a ------- - - ------------ - wo - n -iffilm"11 I = -Mi w - m --a ------- Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 6 of 18 U. "Restrained" means secured by a leash and under physical control of a person with the strength and judgment to handle the animal, or tethered to a stationary object which keeps the animal confined to the pet owner's property. V. "Severe injury" means any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery. W. "Sterilized" means the animal is surgically rendered incapable of reproduction by means of castration or an ovariohysterectomy. X. "Stray animal" means any pet animal found within the city without an apparent owner, custodian or home. 6.08.040 Licensing and registration requirements. Except for licensed veterinarians and kennels, it is unlawful for any person to own, keep or have control of any dog in the city older than six months of age unless a license has been procured for such animal. Licenses are valid for the calendar year for which they are issued, expiring on the thirty -first of December of the licensing year. Failure to license a pet is a civil infraction. Licenses are voluntary for cats and other pet animals for identification purposes. C. The issuing authority or agent shall issue licenses and appropriate identification tags for each animal licensed upon receipt of dog registration application. The owner or custodian shall ensure that the identification tag is worn by the animal at all times. 1. Supplemental Identification. Upon payment of the appropriate license fee, the owner shall be issued an identification tag, which must be worn by the animal at all times. 2. Lack of Authorized and Current Tag. A dog without an authorized and current license tag may be impounded, except as otherwise set forth in this chapter. License fees shall be established by resolution of the city council. In establishing the license fee, the council may consider the number of animals needed to be licensed by one owner, the age of the owner, and whether the animal is spayed or neutered and any other applicable criteria. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 7 of 18 Except as otherwise provided below, all licenses granted under this chapter shall be valid for the current calendar year, expiring on the thirty -first of December. A yearly notice will be sent out to all registered pet owners reminding them of their renewal date. E. Animals whose owners are 65 years of age or older may be granted a license good for the life of their pet upon payment of a one -time license fee as established by resolution of the city council. r_ws+MON Licenses shall not be transferable from one pet animal to another. The following animals are required to be licensed, but are exempt from licensing fees: 1. A professionally trained and certified guide dog owned or in the custody of a blind or partially blind person; 2. A signal dog owned by or in the custody of a deaf person or a person whose hearing is impaired. A "signal dog" shall mean any dog trained to alert a deaf person, or a person whose hearing is impaired, to intruders or sounds; 3. A service dog owned by or in the custody of a physically disabled person. A "service dog" shall mean any dog individually trained to the physically disabled participant's requirements including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items; 4. Police dogs trained and actively assisting in law enforcement operations; 5. Dogs in training programs sponsored by licensed and approved agencies identified with providing trained animals to disabled individuals or law enforcement agencies. 6.08.050 Regulations ontl6viaietkwo=relating to pet animals. No pet animal shall be off the premises and outside anv vehicle of the owner or custodian of the pet animal and not under control of a person by means of a leash. provided, however, this section shall not prohibit the owner and pet animal from participating in an organized show or training, exercise or hunting session in locations designated and authorized for that purpose. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 8 of 18 B. No pet animal shall be allowed to: ' 1. Damage or destroy landscaping or property of another person, including destruction of wildlife that has been purposefully attracted to the person's property: or 2. Soil or defecate on public or private property other than the owner's, unless such waste is immediately removed and properly disposed of by the owner of the pet animal; or 3. Cause unsanitary, dangerous, or offensive conditions: or 4. Is a female dog or cat in estrus not confined within a structure to prevent access of male dogs or cats except for planned breeding: or 5. Chase people or vehicles, or molest or interfere with persons or other animals on public or private property other than the owner's property: or 6. Habitually or continually disturb the peace and quiet of any individual or neighborhood by unprovoked barking, whining, howling or making any other noise: or 7. Trespass on private property and the property owner or tenant supplies a written complaint to animal services and, in the case of a cat, physically contains the cat. C. No pet animal shall be allowed on public property such as a public park, sidewalks, streets or school grounds unless on a leash held by a person who is able to maintain physical control, or unless proper safeguards have not been taken to protect the public and property from injury or damage from said animal. ,ii� No pet animal shall be allowed on public property in violation of additional specific restrictions which have been posted. Such restrictions shall not apply to guide dogs for the visually impaired or service animals for the physically handicapped, or public property specifically designated by the city of Yelm as not requiring a leash. D. No dog that has been declared dangerous by the public works director because the dog has committed severe iniury by aeeressively bitine. attackine or endaneerine the safetv of humans or other pet animals shall be kept, secured, or confined. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 9 of 18 .person or a F. �� �r No person shall Aallow the accumulation of cat or dog feces in any open area, run, cage or yard wherein dogs and /or cats are kept and to fail to remove or dispose of feces at least once every 24 hours. G. No person shall fail;r,to remove animal fecal matter when accompanying an animal off the owner's property; or from another's property; or from public property. Such person shall possess and use the equipment or material necessary to remove animal fecal =Qtplaeml m' ' Owners of duly licensed guide dogs shall be exempted from this subsection. No person shall trap a pet animal shall not 6@ tPapped in any manner that subjects the animal to injury inherent in the mechanism of the trap. A humane box trap may be set on a complainant's property for the purpose of trapping nuisance pet animals. Animals, which are caught in such a trap, must be returned to their owners or taken to animal services. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 10 of 18 No person other than the owner or an officer acting in an official capacity to enforce this chapter shall release a pet animal from any enclosed area within which the animal is properly restrained or from any restraining device such as a leash by which the animal is properly restrained. • - ----------- - - -- - -- -- -- # 4.1'6 k No person shall own a vicious animal with knowledge that the animal is vicious, or with reckless disregard of the fact that the animal is vicious; provided, however, that this prohibition shall not apply to guard dogs that are to protect innocent third parties, controllable by their owners /handlers, and adequately confined. No person shall: 1. Sell any animal known to be sick or injured unless the buyer is given, at the time of sale, written notice of the condition of the animal; 2. Sell any animal known to be a vicious or destructive animal; 3. Sell any dangerous animal except to zoos or other facilities possessing or maintaining dangerous animals which are owned by any city, county, state or federal agency or school, college, university or similar educational facility. • -=- _=- ' =_ - -- - -- -- - - -may '� ;� „ri.... & r. � The owner or custodian of any animal toshall not: Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 11 of 18 1. Fail to display conspicuously any current and valid license identification tag on the licensed animal, except as otherwise provided in this chapter; 2. Fail to show any animal's license upon request of any animal control officer or any police officer therefor; 3. Use or permit another person to use a license or license identification not issued to such person for his animal; 4. Remove a valid license identification from any cat or dog without owner's consent, and that of the issuing authority; 5. Alter a license in any manner; 6. Make a false or misleading statement or representation regarding the ownership or right to custody or control of an animal redeemed from, surrendered to, or detained by the director; 7. Remove any detained animal from the city animal shelter or a department vehicle without the written consent of the animal control officer or other representative of the issuing authority; or 8. Affix any animal identification tag to any animal for which such tag and license were not issued. 6.08.060 Impoundment and redemption. A. An animal control officer may impound any in violation of the provisions of YMC 6.08.050. ._ The owner may redeem any pet animal impounded under this chapter within a 48 -hour holding period, excluding Saturdays, Sundays and holidays, from the time of impoundment by paying a service charge pursuant to a posted schedule of fees duly adopted by resolution of the Yelm city council, and, if the pet animal is not licensed, shall also pay the appropriate fee for a license. Service charges are in addition to any fine, penalty, or medical fee incurred. If the owner of the pet animal can be identified and fails to redeem the pet or sign a release of ownership of the pet animal within the 48 -hour holding period, the pet animal will be considered released to animal services. However, the owner will remain responsible for payment of the impound, medical and service fees. D. A-1-s a i 1 a IQ i let A's fol: ACaNiiw�. E. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 12 of 18 If the pet animal is not redeemed by the owner within 48 hours of impoundment, it will be made available for adoption during the next 48 hours, excluding Saturdays, Sundays and holidays, unless, in the opinion of the animal services director or director's designee, the animal is unsuitable for adoption, in which case it may be humanely destroyed. All seriously sick or injured pet animals, licensed or not, may be impounded when not in the owner's possession and may be given emergency medical treatment or euthanized. Costs for any medical treatment provided in this manner will be the responsibility of the owner of the pet animal, if known, or, if unknown, of animal services. The animal services director or designee shall immediately notify the owner, if the owner is known, and if the owner is unknown, make all reasonable efforts to locate and notify the owner. F. ni ri r in +nr i G. Officers are empowered to impound any pet animal found abandoned within any building, establishment, or property, whether public or private. Upon such impoundment, animal services shall treat such pet animal in the same manner as other impoundments provided for in this chapter. Litters of puppies and kittens under three months of age brought to or left at the animal shelter may be made available for adoption, placed in foster care or euthanized immediately at the discretion of the director or the director's designee. If any pet animal is not redeemed or adopted at the end of the 96 -hour holding period from the time it entered the shelter, it may be euthanized. Upon any pet animal being impounded, animal services shall, as soon as feasible, notify the owner, if the owner is known, of the impoundment of the pet animal, and the terms required for the pet animal's return to the owner. Notification may be by telephone, or by other means appropriate for the circumstances, and shall include a description of the pet animal, the reason for impoundment, the general location where the animal was found, and the date when the impounding occurred, and shall advise the owner that the pet animal may be placed for adoption or euthanized by animal services unless redeemed within the time limits provided in this section. ^Dogs impounded by the city of Yelm may be implanted with an identifying microchip prior to release . Associated fees for the implant shall be paid upon adoption or release of the impounded animal to its owner. Fees for this service shall be set by resolution of the Yelm city council. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 13 of 18 Voluntary Release. 1. Any owner desiring to relinquish his or her ownership of a pet animal to be made available for sale by the animal shelter may notify the animal control officer and, upon signing a consent and release of liability form, the pet animal may be made available for adoption immediately, or retained at the shelter, on a space - available basis, for up to the 96 -hour holding period provided for impounded pet animals. The owner will be responsible for all shelter fees and euthanasia, if necessary. 2. Any owner desiring to have a pet animal euthanized may notify animal services. If the pet animal is adoptable in the opinion of animal services, the owner shall be counseled and urged that the pet animal first be made available for adoption. Only upon the written request of the owner and upon the owner signing a consent and release of liability form, will animal services accept the animal, where it will then be transported to Thurston County. The owner shall pay any expense thereof. 3. At animal services discretion, if a pet animal is brought to the shelter by a person other than its owner and if the owner is unknown and not reasonably discovered after trying, it may be accepted and be held for the same holding period as an impounded stray pet animal. K. Any dangerous or potentially dangerous dog that is in violation of the restrictions contained in this chapter or of restrictions imposed as part of declaration of dangerous or potentially dangerous dog, may be seized and impounded at the expense of the dog owner. 6.08.065 Violations. A. Violations of the provisions of YMC 6.08.050 are misdemeanors. B. The public works director shall issue notices of violation and correction for the violation of any nuisance related provision of YMC 6.08.050, unless the violation creates a potentially dangerous situation. C. The police chief shall cause to issue citations for the violation of any nuisance related rovision of YMC 6.08.050 if the public works director has issued three notices of violation and correction in any six month period. D. The police chief shall cause to issue citations for the violation of any provision of YMC 6.08.050 if, in the evaluation of the public works director or police chief, the violation creates a potentially dangerous situation. E. The police chief shall cause to issue citations for the violation of any provision of YMC 6.08.070 relating to dangerous or potential dangerous pet animal animals. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 14 of 18 6.08.070 Potentially dangerous pet animal or dangerous eksgpet animal. A. The public works director or designee shall have authority to classify potentially dangerous dogs and dangerous dogs. The ..,._.."., , public works director may find and declare an animal potentially dangerous or dangerous if there is cause to believe that the animal's action falls within the descriptions that follow. The finding must be based upon the written complaint of a person who has pertinent information and who is willing to testify that the dog has acted in a manner, which may cause it to be classified as a dangerous dog or a potentially dangerous dog; and one of the following: 1. Reports on file with animal services about previous aggressive behavior by the dog; or 2. Actions of the dog witnessed by any animal control officer or law enforcement officer; or 3. Other substantial evidence. B. A dog shall be declared potentially dangerous if, unprovoked, it: 1. Inflicts bites on a person or a pet or domestic animal either on public or private property; or 2. Chases or approaches a person upon the streets, sidewalk or any public grounds in a menacing fashion or apparent attitude of attack; or 3. Has a known propensity to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or pets or domestic animals. C. A dog shall be declared dangerous when, according to the records of animal services, the dog has: 1. Inflicted severe injury on a person without provocation on public or private property; or 2. Killed a pet or domestic animal without provocation while off the owner's or keeper's property; or 3. Aggressively bitten, attacked or endangered the safety of humans or pets or domestic animals after previously having been found to be potentially dangerous, and the owner or keeper has received written warning. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 15 of 18 D. A dog shall not be declared potentially dangerous or dangerous if: 1. The threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the property occupied by the owner or keeper of the dog; or 2. The person was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog; or 3. The person was committing or attempting to commit a crime; or 4. Another pet animal or domestic animal has entered the property of the owner of the dog without invitation; or 5. The dog, when on a leash, is responding to attack by another pet or domestic animal whether on or off the owner's property. E. Declaration as Potentially Dangerous Dog. 1. The declaration of potentially dangerous shall be in writing and shall be served on the owner or keeper in one of the following methods: a. Certified mail to the owner or keeper's last known address; or b. Personally; or if the owner or keeper cannot be located by one of the first two methods, by publication in a newspaper of general circulation. 2. The declaration shall state at least: a. The description of the dog; b. The name and address of the owner or keeper of the dog; c. The whereabouts of the dog if it is not in the custody of the owner or keeper; d. The facts upon which the declaration of potentially dangerous is based and how to avoid the animal being deemed dangerous; e. The restrictions placed on the dog as a result of the declaration of potentially dangerous; f. Penalties for violation of the restriction, including the possibility of destruction of the dog, and imprisonment or fining of the owner or keeper. F. Control and confinement of potentially dangerous dogs includes: 1. Potentially dangerous dogs must be securely leashed and under the control of a person physically able to control the animal when away from the property of the owner or keeper; or Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 16 of 18 2. While on the property of the owner or keeper must be securely restrained by means of a physical device or structure such as a tether, trolley system or other physical control device or any structure made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property. G. Certificate of Registration as Dangerous Dog. The animal services director shall, issue a certificate of registration to the owner or keeper of a dangerous dog if the owner or keeper fails to comply with the above regulations as set forth by subsections E and F of this section related to a potentially dangerous dog or if the dog exhibits behavior in subsection C of this section. This certificate shall state the conditions under which the dangerous dog may be kept to include: 1. Dangerous dogs must be securely muzzled and leashed and under the control of a person physically able to control the dog if the dog is away from the property of the owner or keeper; and 2. While on the property of the owner or keeper, the dog must be securely confined inside a locked building, kennel, pen, or other structure having secure sides, bottom, and top, suitable to prevent the entry of young children and designed to prevent the animal from escaping; and 3. A proper enclosure to confine the dog, which meets the requirements of subsection F of this section and the posting of the property with a clearly visible warning sign that there is a dangerous dog on the property; and 4. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW, in a form acceptable to the animal services director in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of at least $50,000, insuring the owner or keeper for any injuries inflicted by the dangerous dog; and 5. Such other identifying information as may be required by the animal services director; and 6. Certification that the owner or keeper is aware of and understands the nature of the dog and the provisions of the law which apply to it; and 7. Payment of an annual registration fee for a dangerous dog in the sum set forth by resolution of the Yelm city council, which shall be in addition to the annual license fee. H. Other Dangerous Pet Animals. The animal services director or designee shall have authority to classify other pet animals as dangerous under the same criteria as used in this section for dogs. Such designation will Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 17 of 18 be based on specific actions by the animal such as those noted in subsections B and C of this section and the animal services director or designee shall have authority to require the owner or keeper of such pet animal to take certain actions to control or confine the pet animal. Once a pet animal has been declared potentially dangerous or dangerous, any violations of the provisions of this section will be handled in the same manner as violations under YMC 6.08.050. Under special circumstances and subject to the restrictions of Chapter 16.08 RCW, the owner or keeper may be allowed to permanently remove the dog from the city; provided, that adequate security or assurance against its return is given, and the court is convinced that the dog will be kept in such a manner that it is no longer a danger to persons, property or other animals. Agenda Item 8. a. Ordinance No. 1003 Animal Control Page 18 of 18 City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 Yelm City Council Notice of Public Hearing Amendment to the Yelm Municipal Code relating to animal control and the keeping of chickens, ducks, and rabbits. The Yelm City Council has scheduled a public hearing to receive comments on a proposed amendment to the Yelm Municipal Code. The hearing is scheduled for 6:00 PM on Tuesday, August 25, 2015, and will take place in the Council Chambers /Court Room at the Yelm Public Safety Building, 206 McKenzie Street SE. Chapter 6.08 YMC establishes animal control regulations and violations and is being updated to reflect current practices and procedures of the City. Section 18.30.010 YMC of the Unified Development Code establishes normal accessory uses to a single family dwelling and is being updated to allow chickens, ducks, and rabbits in residential neighborhoods, provided certain conditions are met. For additional information, please contact Grant Beck at 360- 458 -3835. Written comments will be received up to the close of the public hearing. Written comments may be submitted at the hearing or may be mailed to Grant Beck, City of Yelm, 105 Yelm Avenue West, Yelm, WA 98597. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability in need of accommodations to conduct business or to participate in government processes or activities please contact Janine Schnepf at 360- 458 -8402 at least five working days prior to the scheduled event. Janine Schnepf, City Clerk Published: Nisqually Valley News: August 14, 2015 PLEASE DO NOT PUBLISH BELOW THIS LINE Posted Yelm City Hall and Yelm Timberland Library To: Mayor Ron Harding Yelm City Council Agenda Item 8. b. Ordinance No. 1004 Amending UDC, YMC 18.30.010 Page 1 of 6 City of Yelm STAFF REPORT From: Ryan Johnstone, Public Works Director Grant Beck, Community Development Director Date: August 14, 2015 (for August 25, 2015 City Council Meeting) Subj: Adoption of amendments to the UDC to allow chickens, ducks, and rabbits as household pets Recommendation Adopt Ordinance 1004 amending Section 18.30.010 Yelm Municipal Code to allow chickens, ducks, and rabbits as common household pets. Background The City Council has been approached by citizens interested in raising chickens on residential lots within the City. Currently, the animal control code prohibits the raising of livestock in the City, including chickens, ducks, and rabbits. The Council reviewed the request and the practices of other urban jurisdictions within Thurston County, all of which allow for the keeping of chickens, with restrictions. The Council subsequently determined to hold a public hearing on a proposal to change the code to allow chickens, ducks, and rabbits in the City, under certain conditions. The proposed code would allow up to 3 chickens or ducks on a 5,000 square foot lot, with an additional chicken for every 1,000 square feet over 5,000. Coops would be required to be at least 20 feet from any property line, to mitigate any impacts to neighbors. Current Situation Ordinance 1004 updates the Unified Development Code to allow chickens, ducks, and rabbits as common household pets appurtenant to a single family dwelling. The Council should adopt Ordinance 1004. Agenda Item 8. b. Ordinance No. 1004 Amending UDC, YMC 18.30.010 Page 2 of 6 CITY OF YELM ORDINANCE NO. 1004 AN ORDINANCE of the City of Yelm amending Section 18.30.010of the Yelm Municipal Code to allow chickens, ducks, and rabbits as common household pets. WHEREAS, The Yelm Zoning Code, Chapter 18.30 Yelm Municipal Code, and Animal Control Code, Chapter 6.08 YMC, prohibit the keeping of chickens, ducks, and rabbits as accessory uses to a single family dwelling; and WHEREAS, Citizens in Yelm have expressed to the City Council that they wish to promote local food sources and sustainable living practices; and WHEREAS, there can be impacts to the general well being of the community from the keeping of chickens, ducks, and rabbits; and WHEREAS, the City Council desires to allow the keeping of chickens, ducks, and rabbits within the City limits, but only with measures designed to mitigate potential impacts to neighbors; Now, THEREFORE, the Yelm City Council do ordain as follows: SECTION 1. Section 18.30.010 YMC is hereby amended as follows: 18.30.010 General Provisions A. Zoning map. The zoning districts are bounded as shown on the official zoning map of the City of Yelm as adopted as part of the City of Yelm Comprehensive Plan. B. Interpretation of zoning district boundaries. When uncertainty exists as to the boundaries as shown on the official zoning map, the Community Development Director and his /her designee shall interpret the boundaries, which shall be final. C. Allowable Density. When calculating the number of dwelling units allowed on a parcel, the gross area is used and the subsequent number of units is rounded to the first significant digit. Gross area includes all land within the exterior boundaries of the development, including, but not limited to all land allocated for open space, critical areas, buffers, streets, roads, and public and private rights -of -way. D. Interpretation of uses. 1. Uses not listed in a zoning district as permitted or special are prohibited. 2. Each zoning district permits certain specific uses and similar or related uses. The determination of similarity or relatedness to the specific uses shall be made by the Community Development Director or his /her designee. E. The following structures and uses shall be allowed in all zoning district and shall be exempt from the design standards of the unified development code. Agenda Item 8. b. Ordinance No. 1004 Amending UDC, YMC 18.30.010 Page 3 of 6 i�1. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water or the collection of sewage, or surface or subsurface water, operated or maintained by a governmental entity or a public utility or other City franchised utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground or aboveground; but only when such facilities are located in a street right -of -way or in an easement less than 25 feet in width. This exemption shall not include any substation located on or above the surface of the ground or any such distribution facility located in an easement of 25 feet or more in width; &2. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right -of -way, and maintenance and repair work on such facilities and equipment. This exemption shall not include any facilities and equipment listed as special uses. F. The following structures are exempt from the minimum setback requirements set forth in the zoning districts when the structures are located outside the public right - of -way and are obviously intended to serve the public interest: utility equipment, mailboxes, bus shelters, public bicycle shelters or any similar structure or device. G. Permitted intrusions into required yards. 1. Cornices, eaves and other similar architectural features may project from the foundation wall into any minimum yard setback requirement a maximum distance of two and one -half feet. 2. Open, unwalled and uncovered steps, ramps, not more than four feet in height may extend into the required front or rear yard setback requirement not more than five feet. 3. Decks and patio covers may be permitted to encroach into all residential district rear yard setbacks, provided a minimum setback of 10 feet is retained, and provided such deck be not more than 16 inches above existing natural grade measured at deck floor from the highest point; and provided, that such patio cover is not enclosed in any manner. In no case shall the deck or patio cover be constructed in a required side yard. 4. Awnings and marquees may be allowed within required front yards and over sidewalks or public rights -of -way in commercial and industrial zones if all the following requirements are satisfied: a. The approval authority determines that placement of the awning or marquee within the setback areas or over the public sidewalk does not impede vehicular or pedestrian traffic flow or create any other type of hazard to the public; Agenda Item 8. b. Ordinance No. 1004 Amending UDC, YMC 18.30.010 Page 4 of 6 b. The awning or marquee is specifically designed to benefit pedestrians by the providing of shelter and creating a friendlier pedestrian environment; That development of an awning or marquee within the setback area or over public sidewalk is consistent with goals of the comprehensive development plan, the standards of the specific zone in which it is proposed to be located and consistent with the character of the surrounding neighborhood. H. Animals /Pets. Pets and other animals are allowed in all residential districts as an accessory use to a dwelling unit, subject to the following requirements: 1. Fowl a. Three chickens or ducks are allowed on lots up to 5.000 square feet with an additional chicken or duck allowed for every 1.000 square feet of lot area over 5,000, up to ten. b. Chickens and ducks shall be confined within a fenced area. C. Sanitary structures shall be provided to prevent rodents, and shall not be located within 20 feet of any property line. d. Roosters, geese, and turkeys are prohibited. 2. Rabbits a. Five rabbits are allowed on lots up to one acre, with one additional rabbit for every additional 1.000 square feet of lot area over one acre, up to ten rabbits. b. A minimum of 3.5 square feet of hutch space shall be provided per rabbit. d. Structures housing rabbits must be designed to prevent rodents and shall not be located within 20 feet of any property Ijne. Nothing in this section shall supersede any private covenants, conditions, and restrictions which limit the keeping of pets within a development. SECTION 2. This ordinance shall take effect five days after passage, approval, and publication. PASSED by the City Council of Yelm this 25th day of August, 2015. Ron Harding, Mayor Authenticated: Agenda Item 8. b. Ordinance No. 1004 Amending UDC, YMC 18.30.010 Page 5 of 6 Janine A. Schnepf, City Clerk PUBLISHED: Nisqually Valley News, September 4, 2015 EFFECTIVE DATE: September 9, 2015 Agenda Item 8. b. Ordinance No. 1004 Amending UDC, YMC 18.30.010 Page 6 of 6 City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 Yelm City Council Notice of Public Hearing Amendment to the Yelm Municipal Code relating to animal control and the keeping of chickens, ducks, and rabbits. The Yelm City Council has scheduled a public hearing to receive comments on a proposed amendment to the Yelm Municipal Code. The hearing is scheduled for 6:00 PM on Tuesday, August 25, 2015, and will take place in the Council Chambers /Court Room at the Yelm Public Safety Building, 206 McKenzie Street SE. Chapter 6.08 YMC establishes animal control regulations and violations and is being updated to reflect current practices and procedures of the City. Section 18.30.010 YMC of the Unified Development Code establishes normal accessory uses to a single family dwelling and is being updated to allow chickens, ducks, and rabbits in residential neighborhoods, provided certain conditions are met. For additional information, please contact Grant Beck at 360- 458 -3835. Written comments will be received up to the close of the public hearing. Written comments may be submitted at the hearing or may be mailed to Grant Beck, City of Yelm, 105 Yelm Avenue West, Yelm, WA 98597. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability in need of accommodations to conduct business or to participate in government processes or activities please contact Janine Schnepf at 360- 458 -8402 at least five working days prior to the scheduled event. Janine Schnepf, City Clerk Published: Nisqually Valley News: August 14, 2015 PLEASE DO NOT PUBLISH BELOW THIS LINE Posted Yelm City Hall and Yelm Timberland Library To: Mayor Ron Harding Yelm City Council Agenda Item 8. c. BCRA Fee Agreement Amendment No. 2 -Yelm Comm. Center Page 1 of 2 City of Yelm STAFF REPORT From: Ryan Johnstone , Public Works Director Date: August 13, 2015 (for August 25th City Council Meeting) Subj: BCRA Fee Agreement Amendment No. 2 — Yelm Community Center Phase I Recommendation Authorize Mayor Harding to sign Amendment No. 2 with BCRA, Inc. in the amount of $20,160.00, for additional construction management services required to complete Phase I of the City's Community Center. Background In February of 2014, Council authorized BCRA to begin full design of the community center project. The initial scope of work with BCRA included full design and limited construction management services. The design was complete in August of 2014 and the project was bid in September of 2014. In October, 2014 Council approved the first amendment adding additional construction management hours to replace management normally conducted with City staff. As the project moved forward additional time is anticipated to complete the project. Current The attached Amendment No. 2 includes increased construction management services that should be sufficient to complete the project. Staff recommends approving Amendment No. 2. Agenda Item a. c.ocnA Fee Agreement Amendment No. 2-Yelm Comm. Center Page oo,o umePauflcAvenue, Suileam 'ramm*.*myo4ou r(zss) az7-,1aar Ma ]uk/3_ ,2015 Dear Mayor Ron Harding, Pursuant toour recent communications, we are requesting a contract amendment for CA services. To keep in line with the level of effort expected for the remainder of the project, we p increase Task 6—Construction Administration from $63,975 to $84,135, an increase o Civil, Structural, Mechanical, and Electrical CA fees to remain We are confident in the level of service and the collaborative manner in which we mai project on your behalf. | trust that your review of this request will receive your thou8l- consideration. Sincerely, Accepted, City of Yelm Chris 8padafore,Architect Date: Project Manager, BCRA Ron Harding, Mayor / '� Agenda Item 8. d. Lodging Tax Advisory Committee Appointments Page 1 of 3 City of Yelm Staff Report To: Yelm City Council From: Janine Schnepf, City Clerk/HR Manager Date: August 10, 2015, (for the August 25, 2015 Council meeting) Subj: Confirmation of Lodging Tax Advisory Committee Appointments Recommendation Confirm Mayor Harding's appointment of Connie Smallwood (Yelm Historical Museum), Margaret Clapp (Prairie Hotel), Denise Hibbeln (Prairie Hotel), Jason Withrow (Yelm Chamber of Commerce) to serve as the Lodging Tax Advisory Committee, and Mayor Harding (City of Yelm) as the elected official to serve as chair. Staff has reviewed the recommended appointments to make sure that committee members meet the requirements under RCW 67.28.1817. Background On January 13, 2015 the Yelm City Council adopted ordinance No. 993 establishing the formation of the Lodging Tax Advisory Committee. RCW 67.28.1817 requires the appointment of a minimum of five members. Two members must be from the hotel industry which collects the lodging tax, two members must be from agencies who are involved in activities authorized to be funded by revenues received from the tax, and one member is to be an elected official of the municipality who will also serve as chair of the committee. The Mayor will select a minimum of five members to be confirmed by the Yelm City Council. Current Situation The City Council should confirm Mayor Harding's appointment of Connie Smallwood, Margaret Clapp, Denise Hibbeln, Jason Withrow, and Ron Harding to the Lodging Tax Advisory Committee. Agenda Item 8. d. Lodging Tax Advisory Committee Appointments Page 2 of 3 CITY OF YELM ORDINANCE NO. 993 AN ORDINANCE ADDING A CHAPTER IN TITLE 2 TO THE YELM MUNICIPAL CODE ESTABLISHING A LODGING TAX ADVISORY COMMITTEE, DEFINING THE DUTIES AND FUNCTIONS OF THE COMMITTEE AND ESTABLISHING AND EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF YELM, STATE OF WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2. Entitled, Lodging Tax Advisory Committee is hereby added to the YeIm Municipal Code: LODGING TAX ADVISORY COMMITTEE SECTION 2 Purpose. There is hereby established an advisory committee for the purpose of determining how lodging tax revenues may be used for tourism promotion, directly by a municipality or indirectly, through tourism marketing; operation of special events and festivals designed to attract tourists; supporting the operations of tourism - related facilities owned or operated by nonprofit organizations as described under USC SEC 501(c ) (3) and 26 USC Sec 501 (c ) (6) of IRS code of 1986 or supporting the operations and capital expenditures of tourism - related facilities owned or operated by municipality. SECTION 3 Membership and Term. Appointed by the Mayor and confirmed by the legislative authority. Membership requirement as directed in RCW 67.28.1817. The appointing authority shall review the membership of the committee annually and make changes as appropriate. A. Minimum number of 5 member committee. B. Minimum of 2 members who are representative of businesses required to collect the Iodging tax. C_ Minimum of 2 members who are involved in activities authorized to be funded by revenue received from the tax. D. One member shall be an elected official of the municipality who shall serve as chair of the committee. E. Committee may include one non - voting member who is an elected official of the county in which the city is located. SECTION 4 Role of Lodging Tax Advisory Committee A. Select candidates from amongst applicants applying for use of revenues in this chapter and provide a list of such candidates and recommended amounts of funding to the municipality for final determination. The municipality may choose only recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee. SECTION 5 Responsibilities of Lodging Tax Advisory Committee A. Adopt policies and procedures. B. Advertise funding opportunities and deadlines. C Follow the criteria established by the State statute RCW 67.28.1816 for selection of applicants eligible to receive tax revenue. D. Provide a Iist of such candidates and recommended amount of funding to the municipality for final determination. E. Attend meetings as scheduled and meet deadlines as established in the application process and those of required reporting. Ordinance No. DRAFT Page I 7s council ordinance legal draft ord Iodging SCANNED Agenda Item 8. d. Lodging Tax Advisory Committee Appointments Page 3 of 3 This ordinance shall become effective five days following publication as provided by law. Adopted this 13�' day of January 2015- Ron Harding IlMyor Authenticated: ,Vnine Schnepf, City Clerk PASSED and APPROVED: January 13, 2015 PUBLISHED: Nisqually Valley News, January 23, 2015 Ordinance loo. DRAFT Page 2 !s council ordinance legal draft ord lodging To: Mayor Ron Harding Yelm City Council From: Ryan Johnstone, Public Works Director Date: August 18, 2015 (for August 25, 2015 City Council Meeting) Subj: Traffic Facilities Charge Update Recommendation Adopt Resolution Number 560 establishing Transportation Facilities Charges of $1,884 per peak trip based on the 2015 Six Year Transportation Improvement Program. Background The Concurrency Management Chapter of the Yelm Municipal Code at Section 15.40.020 (5)(d) YMC states that: The City Council shall establish the transportation facility charge (TFC) annually as part of the adoption of the most current six year transportation improvement program (STIP). The TFC shall be based on the development's contribution to the increase in local traffic and the capacity related improvements identified in the STIP. (STIP x LP) xC-13G TFC = TG - BT STIP = The total cost of all capacity- related improvements on the six year transportation improvement program. LP = The percentage local traffic (generated within the city of Yelm) represents of the total traffic at the intersection of 15t Street and Yelm Avenue. TG = Total traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the six year period covered by the latest STIP. BG = Background traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the six -year period covered by the latest STIP, excluding any new development. BT= Baseline traffic (peak p.m.) in the first year of the latest STIP. August 25, 2015 Page I of 2 Agenda Item 8. e. Resolution No. 560 TFC Update Page 2 of 4 ST[P is $21,223,900 based on the estimated design and construction costs for those projects on the 2015 project list that are capacity related. LP remains 37 %. TG is 3,359 based on a 6% growth rate. BG is 2,368 based on a 3% growth rate. BT is 1,983 based on traffic counts conducted in April of 2095. Current Situation Based on the adopted formula and the variables described above, the 2015 Transportation Facilities Charge would be $1,684 per peak trip. The current TFC charge is $1 ,612 per peak trip. August 25, 2015 Page 2 of 2 Agenda Item 8. e. Resolution No. 560 TFC Update Page 3 of 4 CITY OF YELM RESOLUTION NUMBER 560 TRANSPORTATION FACILITIES CHARGES BASED ON THE 2015 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, Section 15.40.020 (13)(5) Yelm Municipal Code establishes a impact fee related to the transportation system; and WHEREAS, the fee is calculated based on the most current version of the Six Year Transportation Improvement Program (STIP); and WHEREAS, the Yelm City Council adopted the 2015 STIP by Resolution Number 559 on July 28, 2015; and WHEREAS, the TFC is calculated by the following formula: STIP x LP x TG — BG TFC = ( � TG TG —BT Where STIP is the total cost of all capacity related improvements on the Six Year Transportation Improvement Program, LP is the percentage local traffic (generated within the City of Yelm) represents of the total traffic at the intersection of 1st Street and Yelm Avenue, TG is the total traffic growth (Peak PM), based on an annual growth rate applied to the base traffic count over the six year period covered by the latest STIP, BG is the background traffic growth (Peak PM), based on an annual growth rate applied to the base traffic count over the six year period covered by the latest STIP, excluding any new development, and BT is the baseline traffic (Peak PM) in the 1st year of the latest STIP; and WHEREAS, in 2015 STIP equals $21,223 „900, LP equals 37 %, TG equals 3,359 peak PM trips based on a total growth rate of 6 %, BG equals 2,368 peak PM trips based on a background growth rate of 3 %, and BT equals 1,983 peak PM trips; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yelm, The Transportation Facility Charge is hereby adopted at $1,684 per new peak PM trip based on the 2015 Six Year Transportation Improvement Program and the TFC calculation adopted at Section 15.40.020 (13)(5) of the Yelm Municipal Code. APPROVED this 25th day August, 2015. Ron Harding, Mayor ATTEST: Janine Schnepf, City Clerk Total Cost (of Capacity Related [mproverrierhts: $21,223,9100 $4,63�,9159 5'9% Agenda Item 8. e. Resolution No. 560 TFC Update Page 4 of 4 Exisfing TFC $1,612 per trip $2,3165,811 Proposod TFC 1,684 per trip 30% fixisfirig S,F D Orargw 1,628 Propused SM( Char ge: $1,701 MRegionallTrafflc 0 Existing, Traffic 61B,ackgraundTraffic IMdrew, 0ev lop meet: Agenda Item 12. Correspondence Page 1 of 2 News Release FOR IMMEDIATE RELEASE: Wednesday, Aug 19, 2015 CONTACT: Mary Hall, Thurston County Auditor, TCAuditor @co.thurston.wa.us Thomasina Cooper, Executive Assistant, CooperT @co.thurston.wa.us (360) 786 -5053 TTY (360) 754 -2933 Honoring New Citizens — A Special Naturalization Ceremony OLYMPIA, WA— Thurston County Auditor Mary Hall and the Timberland Regional Library (TRL) invite our community to join the celebration, as soon -to -be United States citizens take the oath of naturalization, administered by U.S. Citizenship and Immigration Services (USCIS), on Tuesday, August 25. Official check -in starts at 1:30 p.m.; the ceremony will begin at 2 p.m. at the Minneart Performing Arts Center, 2011 Mottman Road SW, on the campus of South Puget Sound Community College. Congressman Denny Heck will deliver keynote remarks, TRL Director Cheryl Heywood will share her experiences as a naturalized citizen and Auditor Mary Hall will offer closing congratulatory comments. Olympia resident Derik Nelson, a cast member of the hit television show "Glee," will perform the national anthem. According to Auditor Hall, "this event represents the basis of our democracy. I am honored to be a part of the ceremony, and look forward to welcoming our newest citizens." The Thurston County Elections team will be onsite to register citizens to vote, and provide information about voting. Library staff members will be on hand to help people sign up for library cards, and demonstrate library resources for English language instruction, practice citizenship tests and other valuable tools for those working towards citizenship. -30- THURSTON COUNTY 41:NCE N52 News Release Agenda Item 12. Correspondence Page 2 of 2 Mary Hall AUDITOR FOR IMMEDIATE RELEASE: Tuesday, August 18, 2015 CONTACT: Mary Hall, Thurston County Auditor, TCAuditor @co.thurston.wa.us Valerie Walston, Voter Outreach Coordinator, WalstoV @co.thurston.wa.us (360) 786 -5408 TTY (360) 754 -2933 Lot draw will determine who is first on the ballot in the Tenino Mayor's race OLYMPIA, WA — Think your vote doesn't matter? Think again. Votes carry even more weight in small elections. The Tenino race for mayor is tied with 136 votes each for current mayor Bret D. Brodersen and city councilman Wayne Fournier. These top two candidates will move on to the General Election ballot, but the question remains: who will be first on the ballot? The last three Primary Election ballots from Tenino were counted this morning. The election will be certified during the Canvassing Board meeting at 4:00 p.m. today. At the meeting, Thurston County Auditor Mary Hall will hold a lot draw to determine which candidate will appear first on the General Election ballot. "This is a perfect example of the power of one vote. One vote can make a difference," said Mary Hall. "Many political scholars believe being first on the ballot is an advantage." Canvassing Board meetings are open public meetings, and the public is invited to attend this lot draw. The meeting will be held in the Auditor's conference room in building 1, room 118 at the Thurston County Courthouse, 2000 Lakeridge Dr SW, Olympia, at 4:00 p.m. today. W1110 Thurston County Auditor, 2000 Lakeridge Drive SW, Olympia, WA 98502 -6090 (360) 786 -5408 FAX (360) 786 -5223 E -mail: elections@co,thurston.wa.us