05-24-16 MinutesYELM CITY COUNCIL REGULAR MEETING
TUESDAY, MAY 24, 2016 MINUTES
1. Mayor Harding called the meeting to order at 6:00 pm.
2. Roll Call Present: JW Foster, Bob Isom, Tad Stillwell, Tracey Wood, Joe DePinto
and Russ Hendrickson.
16-056 MOTION BY TRACEY WOOD EXCUSING COUNCILMEMBER MOLLY
CARMODY FROM THE MEETING. CARRIED.
3. Agenda Approval
16-057 MOTION BY TRACEY WOOD APPROVING THE AGENDA AS PRESENTED.
CARRIED.
4. Special Presentations -
Hands on CPR Awareness Demonstration, S.E. Thurston Fire Authority
Erica Maginess, Volunteer EMT/Fire Fighter and Michael Fogarty, Yelm Fire Fighter
gave a presentation on chest compressions. Erica stated that SE Thurston Fire
Authority covers 84 square miles so sometimes it could take a while for EMT's to
arrive on the scene. First, you call 911, and then do chest compressions until aid
arrives. This will greatly increase the persons' survival. Chest compression should
be given to the beat of the song "Staying Alive". In Thurston County the save rate
is 59.6% which is excellent. Councilmember Foster and Mayor Harding
volunteered to do chest compressions on the mannequin. Free CPR classes are
offered the 1St Tuesday of every month at the station on Mill Road. Mayor Harding
thanked them for the demonstration and reminded everyone that next week is
CPR Awareness Week. Councilmember Foster added that the save rate has greatly
improved since 2005 when changes were made to the training program and more
citizens participated in training. The rate has increased to 59.6% save rate which
is the best in the nation right now.
5. Public Comment -
Dennis Gray, a retired schoolteacher has started driving part time for Uber, and is
in support of the Uber program. Uber helps people get to where they need to go.
Andrea Ahl has been driving for Uber for 7 months and stated it is great for the
community. She transports college students and visitors and feels the program
will help to keep drunk drivers off the roads.
6. Consent Agenda
Minutes - Regular Meeting May 10, 2016
Payables - Checks #66884 - #66965 Totaling 209,674.21.
Yelm City Park Request (YCP) - Wounded Warrior Car Show, September 3,
2016 6am-4pm, Community Wide Event
YCP, Family Fun Day, July 9, 2016 8am-5:30pm, Community Wide Event
16-058 MOTION BY BOB ISOM APPROVING THE CONSENT AGENDA AS
PRESENTED. CARRIED.
7. Public Hearing - none scheduled
8. New Business -
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a. Purchase of Handheld Meter Reading Equipment
Ryan Johnstone, Public Works Director explained that the Water Department needs
to replace the existing handheld meter reading units due to age and lack of vendor
support. Currently, the three handheld devices, their charging cradles, and two
touch read meter wands are at the point of failure which has created issues
gathering reliable water consumption data. Because of the products age, the
vendor no longer supports these products making the completion of needed repairs
impossible. Water Utility and Billing staff recently met with the equipment vendor
to review the new equipment options that are available. The decision was made to
replace the three existing handheld devices along with their charging cradles and
two touch read meter wands. The vendor is currently offering a rebate on this
purchase if we trade in our existing, unsupported equipment. This rebate totals
approximately $3,500. The new equipment quote is provided. This purchase was
not included in the 2016 budget; however, that will be rectified in a budget
amendment to follow later this year. Funds for this purchase will come from fund
401 -Water Utility. Councilmember DePinto asked if more than one vendor was
contacted. Ryan stated we have past experience with this vendor and they are
offering the rebate right now.
16-059 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO APPROVE THE
PURCHASE OF NEW HANDHELD METER READING EQUIPMENT FOR THE
YELM PUBLIC WORKS — WATER UTILITY IN THE AMOUNT OF $21,460.00.
CARRIED.
b. Ordinance No. 1013, Amending YMC 5.03 for Transportation Network
Company Regulations
Grant Beck, Community Development Director stated the Cities of Yelm, Olympia,
Lacey and Tumwater have been working together to develop a common regulatory
scheme for Transportation Network Companies (TNC's) wishing to operate within
Thurston County. TNC's are technology-based companies, which offer a new model
of commercial transportation service using online platforms to connect passengers
with drivers using personal vehicles, which include Uber and Lyft. Currently, TNC
drivers are regulated in the same manner as taxicabs, which require the issuance
of an individual occupational permit to each driver. The occupational permit
process was created to regulate certain occupations, which, by their nature,
present a heightened public safety risk, including solicitors and driver for hire. In
researching the operation of TNC's, it was determined that the background checks
conducted by the companies are more extensive than the background check
currently conducted for drivers for hire. In addition, the TNC's have more rigorous
standards for the vehicle maintenance and driving records than Yelm currently
establishes for drivers for hire. Rather than require individual occupational permits
and individual background checks, it is sensible to require a single occupational
permit of the TNC as an umbrella license for all drivers. The City would retain the
ability to regularly audit the records of the TNC and audit individual driver records
if complaints are received by the City. Ordinance No. 1013 established such a
regulatory scheme, and is similar to ordinances being considered by the Cities of
Olympia, Lacey, and Tumwater. This will create common licensing standards for
any TNC wishing to operate in Thurston County. Each TNC driver will still be
required to obtain a City of Yelm Business License and would be responsible for all
local Business and Occupation taxes due the City of Yelm. Councilmember Isom
asked what would happen if the others cities failed to pass the Ordinance. Grant
stated it would still be in effect. Councilmember DePinto stated he has used Uber in
the past and stated it is very simple and efficient to use.
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16-060 MOTION BY TRACEY WOOD TO ADOPT ORDINANCE NO. 1013, RELATING
TO THE REGULATION OF TRANSPORTATION NETWORK COMPANIES AND
AMENDING SECTION 5.03.020 YELM MUNICIPAL CODE AND ADOPTING A
NEW CHAPTER 5.18 YELM MUNICIPAL CODE. CARRIED.
C. Interlocal Agreement with Cities of Yelm, Olympia, Lacey and Tumwater
for Administration and Enforcement of Occupational Permits for
Transportation Network Companies
Grant Beck, Community Development Director stated the Cities of Yelm, Olympia,
Lacey, and Tumwater have been working together to develop a common regulatory
scheme for Transportation Network Companies (TNC's) wishing to operate in
Thurston County. The City Councils of each of these jurisdictions will be considering
the adoption of nearly identical ordinances regarding the administration and
enforcement of TNC's and TNC drivers. The Yelm Ordinance authorizes the
delegation of administration and enforcement to another City that is party to the
proposed Interlocal agreement. The City of Olympia has indicated that it would be
willing to administer and enforce the provisions of the TNC Ordinances, if so
desired by the Cities of Yelm, Lacey and Tumwater. Olympia will likely be served by
many more TNC drivers than the City of Yelm, and because they have the
resources available to administer and enforce the new regulations, it is appropriate
for Yelm to delegate the administration and enforcement to the City of Olympia.
The City of Yelm retains the right to supplement audit and enforcement activities at
any time, and may withdraw from the agreement at any time. Councilmember
Foster asked if Olympia staff would be checking to see if the Uber drivers are
getting City of Yelm business licenses. Grant they will be checking against our
business license records.
16-061 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN AN
INTERLOCAL AGREEMENT BETWEEN THE CITIES OF LACEY, OLYMPIA,
TUMWATER, AND YELM REGARDING THE JOINT REGULATION OF
TRANSPORATION NETWORK COMPANIES. CARRIED.
d. Resolution No. 567, 2016 Irrigation Conservation Program
Grant Beck, Community Development Director reported that the City Council
adopted a water budget for each water customer with an irrigation meter. The
budget was based on the amount of water according to the Washington Irrigation
Guide needed to maintain healthy and productive landscaping, or the customers
use in 2009, whichever was less. This program was anticipated to reduce irrigation
usage by half. The program was highly successful and Commercial water customers
saved over 65 million gallons (200 -acre feet) of water since 2010. These water
savings, along with residential water conservation, helped to realize the City's
conservation goals and extend the life of the existing water system infrastructure.
The proposed 2016 water conservation program is identical to the 2014 program
with water budgets established by the Community Development Director based on
the criteria originally adopted by Council in 2009. The total amount of water
allocated for irrigation in 2016 includes approximately a 1.3% unallocated reserve
for the purpose of adding new customers. Community Development will manage
the program with assistance from Public Works. Councilmember DePinto asked if
these are the same numbers as 2014 and he wanted to make sure that the
businesses that are exceeding their limits get plenty of notification. Grant stated
that they are the same numbers as 2014. The Community Development
Department is very proactive with the businesses and sometimes they are made
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aware of a possible leak, which they might not have noticed without the program.
Communication is key in helping businesses stay within their water budget.
16-062 MOTION BY TRACEY WOOD ADOPTING RESOLUTION NO. 567
RESTRICTING THE USE OF WATER FOR IRRIGATION PURSUANT TO
SECTION 13.04.097 YELM MUNICIPAL CODE AND ESTABLISHING POLICIES
AND PROCEDURES FOR THE IMPLEMENTATION OF WATER CONSERVATION
MEASURES IN 2016. CARRIED.
e. Engagement for Professional Recruitment of City Administrator
Bill Brandon, Interim City Administrator stated that Prothman Company is a proven
facilitator of municipal employment recruitment in Washington. The position of City
Administrator is crucial to assist the Mayor in professional management of the City.
Prothman Company assistance in the recruitment process would be invaluable in
the search for the City's next City Administrator. Many areas of City operation have
been evaluated and policies have been instituted to enhance services in the
community. However, long-term goals and policies need to be developed and
enacted. The recruitment process normally takes from a minimum of 2 1/2 months
to 3 '/z months, 3 1/2 months is most typical. Professional recruitment, in my
experience, is the most effective process in insuring a broad outreach in recruiting
qualified professional municipal managers. The recruitment process includes
Description of Ideal Candidate Qualifications, Organization -Specific Information,
Community Specific -information, Compensation Package Details and information on
how to apply.
16-063 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN THE
PROFESSIONAL SERVICES AGREEMENT WITH PROTHMAN COMPANY IN
THE AMOUNT OF $19,500. CERTAIN ADDITIONAL EXPENSES WILL INCUR
DEPENDING ON THE DESIGN OF THE RECRUITMENT (DETERMINED BY THE
CITY) AND THE TRAVEL EXPENSES OF SELECTED CANDIDATES. THIS
ADDITIONAL EXPENSE SHALL NOT EXCEED $10,000 WITHOUT PRIOR
APPROVAL OF COUNCIL. CARRIED.
Mayor Harding recused himself from the meeting due to conflict of interest
regarding Agenda Item 9. Request for Waiver of Appeal Fee, Bichler 93rd Ave.
Mayor Pro -tem Wood conducted the remainder of the meeting.
9. Old Business — none scheduled
Request for Waiver of Appeal Fee, Bichler 93rd Ave.
Tami Merriman, Associate Planner briefly reminded council of the previous request
from Mr. Bichler to waive the appeal fee of $500 due to a financial hardship. Mr.
Bichler was asked by Council to provide financial documents showing a financial
hardship before they could determine if the fee would be waived. Documents were
provided to Council on May 10 but the item had to be tabled due to a lack of
quorum with Mayor Pro -Tem Wood presiding over the meeting with the absence of
three Councilmember's. Councilmember Isom asked what the amount of the fee
for the Hearing Examiner which was waived in January. Tami stated the Hearing
Examiner Appeal fee was $1250. Councilmember Isom stated the financial
information provided is difficult to reconcile but he does not see where the $500
appeal fee would be a financial hardship to the appellant.
16-064 MOTION BY BOB ISOM TO DENY THE REQUEST TO WAIVE THE APPEAL FEE
OF $500, BASED UPON THE FINANCIAL DOCUMENTS PROVIDED.
SECONDED BY TAD STILLWELL. Councilmember DePinto does not agree with
Councilmember Isom and believes the $500 fee would be a financial hardship to
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Mr. Bichler. MAYOR PRO -TEM WOOD CALLED FOR THE QUESTION. AYE
FOSTER, ISOM, STILLWELL AND HENDRICKSON. OPPOSE D-DEPINTO.
MOTION CARRIED TO DENY THE WAIVER OF THE APPEAL FEE TO MR.
BICHLER.
Councilmember Foster asked what the next step would be for Mr. Bichler. Tami
stated she will inform Mr. Bichler of the Council's decision to deny the waiver of the
fee and if he chooses to pay the $500 then a hearing would be scheduled before
the Council to hear the appeal. If Mr. Bichler chooses to not move forward then it
will not come before Council.
10. Mayor and Council Initiatives
Councilmember Foster asked Public Works Director Ryan Johnstone how the
Spring Clean up went last Saturday. Ryan stated it went very well. 3 dumpsters
where filled before the event with senior and disabled garbage that was picked up
by Public Works the week prior and then 10 more dumpsters where filled at the
time of the event 140 permits were collected which is the most ever collected.
Councilmember Foster attended the YMCA informational meeting with
Councilmember DePinto. Councilmember Foster also attended the Thurston County
Solid Waste Advisory Committee (SWAC) meeting and reported there is a Safe
Home Project sponsored by SWAC where someone would come to your home and
do an assessment of your homes living conditions, from air quality, water quality to
cleaning products in your home, all at no cost to the resident. Councilmember
Foster attended the Thurston Thrives and the South Sound Militaries Communities
Partnership meeting. The City of Yelm is being designated by JBLM as a Great
American Defense Community, and there will be signage and outreach coming in
the future. It will be a great way to demonstrate to the people who serve at JBLM
how much we appreciate and the support we give them. At the Nisqually River
Council meeting it was reported that there has been a great turn around in the
returning population of native steelhead to the Nisqually River and its tributaries
due to the transient meat eating population of orcas eating the seals which were
eating the smolts from the steelhead and the restoration of the waters in the
spawning grounds. Councilmember Foster attended the Armed Forces Celebration
at JBLM and was impressed by all the different organizations demonstrating the
history of Armed Services in Washington. Also attended the opening day of Yelm
Farmers Market, which is a great addition to our community.
Councilmember Stillwell attended the Thurston County Economic Development
Council Board meeting where they discussed budgeting.
Councilmember DePinto attended the YMCA meeting with Councilmember
Stillwell and reported there was a great turnout and things are looking well. The
next meeting will be expanded to other community members and business leaders.
More detailed information will be given at the next Study Session. Councilmember
DePinto attended the Thurston County Law and Justice meeting and talked about
the new triage center opening in August. The center will help with people that have
mental illness and special needs rather than incarcerating them in the general
population of the jail. Law Enforcement in general is supportive of the new center.
At the STEDI meeting, they are looking at ways local government can help the
local economy. Councilmember also attended Armed Forces day with
Councilmember Foster and it was a great experience and attended the opening of
the Farmers Market.
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Councilmember Hendrickson attended the Transportation Policy Board meeting
with Councilmember Wood and the Medic One meeting.
Councilmember Wood attended the Transportation Policy Board meeting where
they discussed the Transportation Improvement Plan and passed it on to the TRPC
for final approval. Councilmember Wood also attended the Medic One meeting and
stated it was quite educational.
11. Executive Session - none scheduled
12. Correspondence included -
Thurston County Auditor, Mary Hall News Releases:
Monday, May 16, 2016 Seeking Citizens to serve on 'For" and Against" Committee
of August Primary Ballot Measures
Thursday, May 12, 2016 Candidate Filing week
Thurston County Elections, New Administrative Rules for Voters' Pamphlet
Thurston Regional Planning Council Friday Pre -Agenda June 3, 2016 8:30-1 lam
13. Adjourned at 6:53 pm.
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Ron Frardind, M or
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Tracey Woob, Mayor Pro -Tem
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anine Schnepf, City dlerk