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01-12-16 MinutesYELM CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 12, 2016 MINUTES Mayor Harding called the meeting to order at 6:00 pm. 2. Roll Call Present: JW Foster, Molly Carmody, Tracey Wood, Joe DePinto and Russ Hendrickson. Bob Isom was present via telephone. 16-001 MOTION BY JW FOSTER EXCUSING COUNCILMEMBER TAD STILLWELL FROM THE MEETING. CARRIED. 3. Agenda Approval 16-002 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. CARRIED. a. Election and Appointment of 2016 Mayor Pro -Tem Appointment from membership by majority of Council Members at the first meeting of the newly elected Council biennium (2.06, 2002). Mayor Harding called for nominations to elect 2016 Mayor Pro Tem. Councilmember Hendrickson nominated Councilmember Wood, seconded by Councilmember Foster. Councilmember Carmody nominated Councilmember DePinto seconded by Councilmember DePinto. Mayor called for any other nominations. Councilmember DePinto stated he would like to make a motion to postpone this item until the next meeting when Councilmember Stillwell would be present. Councilmember Foster called a Point of Order to call for the question on the nominations on the floor. Mayor Harding called for the question on the first nomination to elect Councilmember Wood as Pro Tem. 16-003 MOTION BY COUNCILMEMBER HENDRICKSON AND SECONDED TO ELECT COUNCILMEMBER WOOD AS MAYOR PRO TEM. (4) AYE, MOTION PASSED BY MAJORITY. 4. Special Presentations - December Student of the Month - Brandon Thompson is a gifted and dedicated student, ranking in the top 1% of his class. From a leadership standpoint, Brandon has engaged in the Leadership Summit and several leadership events during the school year. A busy student athlete, Brandon is a standout performer on both the YHS Football and Baseball teams. Brandon volunteers outside of school to support youth football and the "Little Buddies" programs. Along with his family, Brandon provided support for a student who was temporarily homeless this last fall. This is typical of Brandon's personality and approach to school. Brandon's goals include going to a 4 -year university and competing in athletics. Brandon has not ruled out pursuing admission to one of the US service academies. Mayor Harding presented Brandon with a plaque and congratulated him for being Student of the month. 5. Public Comment - Bill Hashim, Thurston County resident asked Council to reconsider their position on the ban on plastic bags in Yelm. He believes the ban would reduce garbage particularly plastic swirling in the Pacific Ocean the size of the state of Texas. Mr. Hashim also stated that Susan Freitag came before Council twice with ideas and ways to honor Yelm's youth. Mr. Hashim would like to know what has been done with that suggestion. Mayor Harding stated the Student of the Month under Special Presentations was a result of Ms. Freitag's suggestions. Mayor Harding explained that the Military Recognition Banners that are placed along Yelm 1/12/16 Avenue are also a result of Ms. Freitag's suggestion. We are still developing ways to implement more recognition programs. Councilmember DePinto asked what are the future programs that will be implemented. Mayor Harding stated the Beautification Committee is working on developing new programs but they have implemented the Military Banners on Yelm Avenue and a program that recognizes Districts with banners, which are located in front of the School. In the future Mayor Harding would like to have a program that recognizes the downtown business district with banners. 6. Consent Agenda Minutes - Regular Meeting December 8, 2015 Payables - Checks #65937 - #66108 Totaling $1,198,943.06 16-004 MOTION BY TRACEY WOOD APPROVING THE CONSENT AGENDA AS PRESENTED. COUNCILMEMBER CARMODY ABSTAINED. MOTION CARRIED. 7. Public Hearing - none scheduled 8. New Business - a. Request for Waiver of Appeal Fee MAYOR HARDING RECUSED HIMSELF, SINCE HE IS RELATED TO THE BICHLERS. MAYOR PRO -TEM WOOD PRESIDED. Tami Merriman, Associate Planner explained that Mr. Bichler owns the property at 109 93rd Avenue SE in Yelm. The property is zoned C-1 Commercial pursuant to Chapter 18.36 Yelm Municipal Code. Mr. Bichler recently attended a presubmission conference with City staff and a prospective tenant who wished to store and maintain his personal and business vehicles, as well as store and service recreational vehicles at that location. Staff informed them both that the vehicle storage and maintenance is allowed, but that RV storage and service would not be allowed due to zoning. Mr. Bichler argued that RV sales and service was a grandfathered use on his sight. Staff issued an official determination that recreational vehicle sales, service and storage is not a pre-existing non- conforming use, which is the decision under appeal. This does not restrict the building for similar uses such as automobile repair and services, as the tenant above is doing now. Mr. Bichler has requested a waiver of the appeal fee and states, "he is the owner of the property and payment of the fee is an economic hardship because of the inability to rent the property." Resolution No. 561 adopted the Yelm Development Fee Schedule on October 13, 2015. City Council has the ability to waive the fee under certain circumstances. The appellant shall apply for the waiver at the same time as the appeal is filed, which is what Mr. Bichler has done. Councilmember DePinto asked Ms. Merriman what her recommendation would be. She stated she did not have one. Councilmember Carmody asked how much the appeal fee is. Tami stated the fee is $1250. Councilmember Hendrickson asked about bringing this to the next Study Session for discussion. Ms. Merriman stated that pushes out the time for review, scheduling the hearing and allowing the applicant to move forward. Councilmember DePinto asked the applicant to speak on his behalf. Mr. Bichler thanked Council for taking the time to listen to his request. In May or 2014, Mr. Bichler sold his business and in June 2014, he leased out a piece of property to the people who bought his business for $2,000 a month. He only received 2 months of payments, which is a hardship, and then hiring an attorney is a hardship. He does not feel the property should have been reclassified because it has always been a RV place. Not being able to rent the property since it was 1/12/16 reclassified has been a hardship. Councilmember DePinto asked when the property was reclassified. Mr. Bichler does not know if he was properly notified when the property was rezoned. Ms. Merriman stated the property was zoned commercial in the mid 90's when the City did their Comprehensive Plan and created the zoning for the City of Yelm. The public process would have been followed at that time for notification to the property owners. Mr. Bichler stated he only found out about the zoning of the property through the tenants leasing the property. The property is currently being rented but if he does not win the appeal then he will not be able to rent the property. Councilmember Foster had been in a similar situation with his property and zoning as a citizen, he understands Mr. Bichler's situation and feels he has demonstrated financial hardship. Councilmember Isom asked for clarification on the type of business proposed at the location. Ms. Merriman stated Mr. Bichler would like to do sales, service and maintenance of RV's at that location. 16-005 MOTION BY 3W FOSTER WAIVING THE APPEAL FEE PURSUANT TO THE YELM DEVELOPMENT FEE SCHEDULE ADOPTED BY RESOLUTION NO. 561. CARRIED. b. Resolution No. 564, Water Connection Reservation —Yelm Community Schools Grant Beck, Community Development Director stated that Yelm Community Schools would be requesting the voters to approve a construction bond to support the expanding school district. The bond would fund, in part, the construction of a new 9th grade school with approximately 450 and 45 staff. The new school is identified in the Districts adopted Capital Facilities Plan and six year improvement plan. The Unified Development Code states at Section 18.16.070 YMC that "the City may reserve water and sewer capacity by resolution of the City Council for essential public facilities, improvements identified in an adopted capital facilities plan and listed in the six year improvement plan. Yelm Community Schools' construction plans are subject to a vote of the people and, if approved, a process to bond for the construction money. This all must take place before the design and permitting of the new school may begin. The School District has provided a water usage report prepared by a professional engineer that indicates 6.3 water connections would be required for the new school. In order to ensure that water service will be available at the time the new school is built, Yelm Community Schools has requested the City Council reserve seven water connections for this essential public facility. The City currently has sufficient water connections to accommodate several years' worth of growth at historic rates, with approximately 480 connections available for new development. Councilmember Woods said it is an excellent idea to reserve water of the proposed school but how long would we hold the connections. Mr. Beck stated it would be until the Council revisits the reserve of connections or the school is built. Councilmember DePinto asked how many connections the City currently has and what is the future plans to obtain more water connections for growth in the City. Mr. Beck stated we currently have 480 connections and we have new infrastructures improvements planned to expand the connection capacity. Right now we are limited not by our water rights but by our ability for storage. A new reservoir is expected to be completed this summer in Tahoma Terra. Once that is complete, we hope to have about 700 more connections available. Deputy Superintendent Jeff Role thanked the Mayor and Council on behalf of the Board of Directors for Yelm School District for considering this resolution. This is the first step in the vision that the Board and the Superintendent have for Yelm Schools and the upcoming bond. 1/12/16 16-006 MOTION BY TRACEY WOOD ADOPTING RESOLUTION NO. 564 RESERVING SEVEN (7) WATER CONNECTIONS FOR YELM COMMUNITY SCHOOLS FOR THE CONSTRUCTION OF A FUTURE 9T" GRADE SCHOOL. CARRIED. c. Purchase of used vehicle Todd Stancil, Chief of Police stated that the Police Department needs to replace existing patrol vehicles due to high mileage and repair costs. Currently there are multiple vehicles that exceed 125,000 drive miles and the cost to repair them annually is beginning to exceed the value of the vehicles. There is an opportunity to purchase a used 2008 Chevrolet Impala unmarked vehicle complete with all emergency lights and communications system for the amount of $6,600.00 after tax. The vehicle is a surplus vehicle from Thurston County Sheriff's Office and currently has 70,000 miles. The vehicle will replace a 2004 Ford Explorer, currently used by the Police Detective, with 146,000 miles on it. Mayor Harding asked how much a new vehicle would cost. Chief Stancil stated between $23,000-$29,000 and then an additional $12-$15,000 to install the equipment needed in a patrol vehicle for a total of about $40,000. Councilmember Carmody asked where the funds would come from to purchase this vehicle. Mayor Harding stated it would come from the General Fund. Councilmember Carmody asked how much was in the General fund. Mayor Harding stated the budget for the end of the year is about $1.5 million in the General fund. That is our beginning net cash along with the operating cash flow and reserves. Councilmember Carmody asked if there were more vehicles available for purchase. Chief Stancil stated there are no more available and that it is rare to find a vehicle in such good shape with all the equipment for this price. Councilmember Foster asked why Thurston County is getting rid of this vehicle. Chief Stancil said it is his understanding that the vehicle was assigned to an individual that is no longer in that capacity so it is not needed. Councilmember Wood asked about the radio that is installed in the vehicle. It will meet all the requirements Chief Stancil answered. Councilmember DePinto asked how many vehicles belonging to the Police Department have over 200,000 miles on them. None at this time but some will need to be replaced in the near future, Chief Stancil replied. Councilmember Foster asked what would be done with the vehicle that will be replaced. Chief Stancil stated the 2004 Ford Explorer would go to the Public Works Department for use by Public Works Director, Ryan Johnstone as his daily driver. Councilmember Carmody stated that if there is $1.5 million dollars in the General Fund, is there a way to recommend giving the Police Department $50,000 out of the General Fund to cover the used vehicle and the purchase of a new vehicle to help the aging fleet. Mayor Harding stated that after the end of year close out which will happen at the end of January, the Finance Committee would reevaluate the budget and talk about capital needs in February. 16-007 MOTION BY JOE DEPINTO AUTHORIZING MAYOR HARDING TO APPROVE THE PURCHASE OF ONE USED 2008 UNDERCOVER PATROL VEHICLE FOR USE BY THE YELM POLICE DEPARTMENT IN THE AMOUNT OF $6,600.00. CARRIED. 9. Old Business —none scheduled 10. Mayor and Council Initiatives Councilmember Foster attended the Joint Base Lewis McChord breakfast and was briefed on the community survey that showed over all community support for JBLM and the service members. The military mission has changed and there are 1/12/16 fewer deployed units overseas meaning there are more home based operations at JBLM. Councilmember Foster was interviewed by the on base news program. He encouraged JBLM members to become part of the local process by registering to vote and get involved in their communities by attending Council meetings or School Board meetings. JBLM is the number one military base in the United States for retirement into that community. Councilmember Foster attended the Thurston County Solid Waste Advisory Committee (SWAC) and as chair of the committee was interviewed by the Olympians Editorial Board to learn more about the committee's work and the single use plastic bag ban. SWAC has recommended to the Thurston County Commissioners that an independent survey be done countywide on how the plastic bag ban is perceived. The results from the study would be available midsummer. Councilmember Foster attended the Nisqually River Council meeting and reported that the Nisqually Land Trust has sold the very first carbon offset credits to Microsoft and 520 acres in the Ashford area has the carbon sequestered into the trees and the money received will be invested into restoration and conservation projects by the Land Trust. Mayor Harding announced that there are some changing committee reports and assignments and some of the Councilmember's have not yet attended their committees. Councilmember Wood attended the TComm 911 Admin Board meeting and reported they budgeted 4% in November for Sales Tax but actually received about 8.5%. The Nisqually Indian Tribe gave TComm a $5,000 grant. Councilmember DePinto stated he was very excited to be part of the Council and represent the people of Yelm. He is also excited to be on the Transportation Committee and the Thurston County Law and Justice Committee. One of his biggest priorities is to increase the public safety by having at least two officers on duty at all times. Councilmember DePinto would like to have at least 24 hours notice of the Agenda and any changes made. It is important that the public have time to be part of the public process. Mayor Harding stated the agenda is usually published on Thursday or Friday before the meeting and then updates including checks/vouchers are done the day of the meeting. The Mayor will check with staff to resolve any technical issues that might be on our end regarding the agenda posting and email. Councilmember Hendrickson attended the Yelm Emergency Operations Board meeting and they continue to work on the Alert Sense program. Chief Stancil is working on a list of what his department needs. Councilmember Hendrickson also attended the Medic One meeting. A Brown -Phelps Scholarship was awarded to Tristan Mudwiler and Steve Romines will be retiring in March, which will be a huge loss to Medic One. Mayor Harding attended the Yelm Emergency Operations Board meeting. The Thurston County Economic Development Council will have their 2 -day retreat at the end of January and Mayor Harding plans to attend. Councilmember DePinto stated for the good of the order'Go Hawks'. 11. Executive Session — Council went into a 30 minute Executive Session at 6:58 pm for the purpose of discussing collective bargaining strategy (RCW 42.30.140 (4) (a). Attorney Peter Altman was present. At 7:28 pm Janine Schnepf, City Clerk 1/12/16 12 13 announced another 10 minutes needed in executive session. At 7:42, the council reconvened and no action taken. Correspondence included — Thurston Regional Planning Council Pre -Agenda Friday, January 8, 2016 8:30- 11:30am Yelm Area Chamber of Commerce January 2016 Upcoming Events newsletter Councilmember DePinto would like to move the Study Session time from 5:OOpm to 6:OOpm so that he is able to attend. Councilmember Hendrickson is not in favor of moving the start time to 6:00 since the meetings get over late some times. Mayor Harding would like to bring this matter forward in Council Initiatives at the next Study Session meeting. Councilmember DePinto stated he will not be able to make it to the meeting by 5:00 since he works in Olympia until 5 pm. Councilmember Carmody stated she actually works until 6 pm. Mayor Harding suggested this issue be discussed on February 11, 2016 at the Council retreat. Councilmember DePinto was not aware of the upcoming retreat. He has not been informed about an email address set up for him or how to open it. Mayor Harding will check into the technical issues tomorrow. The retreat is scheduled for February 11 to Adjourned at 7:45 pm. 1/12/16 Attest• '9 Lori Mossman, Deputy City Clerk