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
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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
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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.
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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
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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
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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