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03 28 2017 Agenda PacketAGENDA YELM CITY COUNCIL MEETING TUESDAY, MARCH 28, 2017 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. Call to Order 2. Roll Call 3. Agenda Approval ACTION 4. Special Presentations- Arbor Day Proclamation 2016 Yelm Police Officer of the Year - Joel Turner 2016 Yelm Reserve Officer of the Year - Joseph Rivera 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 March 14, 2017. b. Payables; Checks # C. Retainage Release for Prospect Construction 7. Public Hearing- Resolution No. 568, Amend 2017 -2023 Six Year Transportation Improvement Plan 8. New Business - a. Resolution No. 568, Amend 2017 -2023 Six Year Transportation ACTION Improvement Plan Presenter: Maryanne Zukowski, Public Works Manager Attachments: Staff report, Resolution No. 568 b. Ordinance No. 1021, Amendment to the 2017 Budget to Funds 102,120 ACTION & 316 Presenter: Noah Crocker, Finance Director Attachments: Staff report, Ordinance No. 1021 C. Resolution No. 573 School Impact Fee ACTION Presenter: Grant Beck, Community Development Director Attachments: Staff report, Resolution No. 573 d. Social Media Policy Presenter: Grant Beck, Attachments: Staff report, Draft Policy ACTION e. Ordinance No. 1020, Modifying and Adding to Title 9 of the Yelm Municipal Code relating to Public Peace, Morals and Welfare ACTION Presenter: Todd Stancil, Chief of Police Attachments: Staff report, Ordinance No. 1020 9. Old Business -none scheduled 10. Department Updates- 11. Council and Mayor- Councilmember Curry represents Yelm on the following committees. • Thurston County Solid Waste • Yelm Adult Community Center Advisory Committee (SWAC) • Yelm Finance Department • Yelm Public Safety Committee Committee Councilmember Wood represents Yelm on the following committees. • SE Thurston County Fire Yelm Public Works Committee Authority Liaison Councilmember Carmody represents Yelm on the following committees. • Intercity Transit Board 0 Community Investment • Yelm Community & Economic Partnership (CIP) Development Committee • Yelm Finance Department • South Thurston Economic Committee Councilmember Littlefield represents Yelm on the following committees. *Thurston Thrives steering committee • Yelm Community & Economic Development Committee Councilmember Stillwell represents Yelm on the following committees. • Thurston County EDC Board • Yelm Finance Department Committee • Yelm Public Safety Committee Councilmember Wood represents Yelm on the following committees. • Thurston Regional Planning Yelm Public Works Committee Transportation Council (TRPC) • TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees. • Thurston County Law and • South Thurston Economic Justice Development Initiative group • Yelm Public Safety Committee (STEDI) • Yelm Community & Economic Development Committee Councilmember Hendrickson represents Yelm on the following committees. • Thurston County EMS -Medic • Yelm Emergency Operations One Board • Yelm Public Works Committee Mayor Foster represents Yelm on the following committees. • Yelm Community & Economic • Yelm Finance Department Development Committee Committee • Thurston County Mayor's Forum • Yelm Public Works Committee • Thurston Regional Planning • Yelm Emergency Operations Council Board • South Sound Military and Community Partnership 12. Executive Session -no additional session scheduled 13. Correspondence (Correspondence is available upon request) Press Release — Olympia Harbor Days, dated March 16, 2017 Thurston County Elections - Candidate Workshop in Tumwater on Thursday, April 6 at 5:30 p.m. 14. Adjourn Upcoming Meetings Council Study Session, Wednesday, April 4, 2017, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, April 11, 2017, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, April 25, 2017, 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 Lori Mossman, 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 www.ci. elrrr.wa.us. da Item 4 Presentations - Arbor Day Proclamation Page 1 of 1 WHEREAS, in 1872, Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than one million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life giving oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; NOW, THEREFORE I, JW Foster, Mayor of the City of Yelm, do hereby proclaim April 28, 2017 as Arbor Day and the Month of April 2017 as FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well -being of this and future generations. Signed this 28th day of March 2017 e� IW Foster,'Mayor Agenda Item 6a - Minutes Page 1 of 3 YELM CITY COUNCIL REGULAR MEETING TUESDAY, March 14, 2017 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 pm. 2. Roll Call Present: El Curry, Molly Carmody, Jennifer Littlefield, Tad Stillwell, Tracey Wood, Joe DePinto and Russ Hendrickson. 3. Agenda Approval 17 -128 MOTION BY MOLLY CARMODY TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY EJ CURRY. MOTION CARRIED. 4. Special Presentations Student of the Month - Riley Gosney was recognized as Student of the month. Mayor Foster read the bio and presented the plaque. South Thurston Economic Development Initiative - Several members of STEDI spoke on their role in the community and what they have coming in the future. 5. Public Comment - Kristine Hoffman from PSE - Spoke on their outreach program to help reduce energy use. LED lights will be handed out door to door. 6. Consent Agenda a. Minutes - Regular meeting February 28, 2017 and Study Session minutes March 7, 2017 b. Payables - Checks #68577 - #68645 Totaling $461,239.60. 17 -129 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. 7. Public Hearing - none scheduled S. New Business - a. Naming of the Yelm Community Center 17 -130 MOTION BY MOLLY CARMODY TO REFRAIN FROM NAMING THE COMMUNITY CENTER AT THIS TIME AND TO RECOGNIZE THOSE FAMILIES WHO WERE CONSIDERED FOR THE NAMING OF THE COMMUNITY CENTER. MAYOR FOSTER ASKED FOR THE MOTION TO BE AMENDED TO ONLY INCLUDE THE ACTION REGARDING THE NAMING OF THE COMMUNITY CENTER. MOTION WAS AMENDED BY MOLLY CARMODY TO REFRAIN FROM NAMING THE CENTER AT THIS TIME. SECONDED BY TRACEY WOOD. JOE DEPINTO OPPOSED. MOTION CARRIED. 3 -14 -17 Agenda Item 6a - Minutes Page 2 of 3 b. Appointment of Lodging Tax Advisory Committee Members 17 -131 MOTION BY TRACEY WOOD TO APPROVE THE RECOMMENDED LIST OF NAMES PROVIDED TO THE COUNCIL. SECONDED BY JENNIFER LITTLEFIELD. JOE DEPINTO AND MOLLY CARMODY OPPOSED. MOTION CARRIED. 9. Old Business — none scheduled 10. Department Updates- Michael Grayum updated the Council on the following: • Community Development has new process to enhance customer service. • Working to clean up derelict properties in the City • Update on the bank robbery, social media has been helpful. • New Chat with the Chief and Monday's with the Mayor were successful. • Town Hall meeting focusing on public safety March 271H • Flags at half mast for Rainier Mayor Schleis' passing. 11. Mayor and Council Initiatives Councilmember Curry attended the Thurston County Solid Waste Advisory Committee and the SE Thurston County Fire Authority meeting. Councilmember Carmody attended the Intercity Transit Board meeting and the Community Investment Partnership (CIP) meeting. Councilmember Littlefield attended the Community Development meeting where the naming of the Community Center was discussed. Councilmember Stillwell No report. Councilmember Wood attended the TCOMM 911 Administration Board meeting, the Transportation Council (TRPC) meeting, Yelm Dollars for Scholars auction and the Yelm Public Works meeting where the status of the water reclamation system and the needed upgrades were discussed. Councilmember DePinto thanked the citizens who attended the council meeting. Attended the Community Development meeting. Will be attending the STEDI meeting. Attended the first Monday's with the Mayor. Questioned Public Works Director if the City is purchasing items locally or from businesses out of town. Asked about the process for dealing with squatters in the city. Councilmember Hendrickson attended the Yelm Dollars for Scholars auction, the Yelm Chamber Luncheon, Public Works Committee meeting and the Yelm Emergency Management meeting where the Hazard Mitigation Plan update has been submitted to the State for recommendations /approval. Encouraged all council member to sign up for the Thurston County Executive Seminar on April loth 3 -14 -17 Agenda Item 6a - Minutes Page 3 of 3 Mayor Foster attended the opening of "Mouse Trap" at the Triad Theater, attended the Dollars for Scholars auction, met with Mark Daily, the new Executive Director of the Thurston Regional Planning Commission, conducted the first Monday's with the Mayor, attended the Council Study Session, attended the funeral services for Yelm teacher Ed Bergh and gave the State of the City address. 12. Executive Session - no additional session scheduled. 13. Correspondence included - Yelm Area Chamber of Commerce - Upcoming Events for March 2017 Thurston Regional Planning Council Pre - Agenda Friday, March 3, 2017 17 -132 MOTION BY RUSS HENDRICKSON TO ADJOURN, SECONDED BY TRACEY WOOD. MOTION CARRIED. 14. Adjourned at 7:06 pm. Attest: JW Foster, Mayor Lori Mossman, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.ci.yelm.wa.us. 3 -14 -17 To: Mayor JW Foster Yelm City Council Agenda Item 6c - Release of Retainage- Prospect Construction Page 1 of 1 City of Yelm STAFF REPORT From: Chad Bedlington, Public Works Director Date: March 17, 2017 (March 28, 2017 City Council Meeting) Subj: Project Acceptance and Release of Retainage for SW Well 1A Improvements project — Prospect Construction Attach: None Recommendation To accept and authorize the release of the retainage held in the amount of $225,188.71 to Prospect Construction, Inc. for construction activities related to the City's SW Well 1A project. Background On June 3, 2015 the SW Well 1A project was advertised for construction and bids were opened on July 15, 2015. Prospect Construction was the lowest responsive bidder and was awarded a construction contract by City Council on August 11, 2015 for the project. The final project cost was $4,503,774.18. Inclusive of the contract execution is the requirement of a statutory retained amount equal to 5% of the final construction contract amount. The contractor was authorized to have the City deposit the retained percentage of the contract in an interest bearing account with Heritage Bank until the project was completed. There is no retainage bond with this project. Current Situation Notification of Final Acceptance will be issued to Prospect Construction by City Staff once City Council votes to approve the release of retainage. Staff recommends acceptance of the project and release of the project retainage bond to Prospect Construction, Inc. once all proper documentation has been received with the Department of Revenue, Labor and Industries, and Employment Services and it is determined that there are no liens against the project. Page 1 of 1 Agenda Item 7 - Public Hearing Notice Page 1 of 2 Public Works Department Physical Address: 901 Rhoton Road SE Mailing Address: 105 Yelm Ave West Yelm, WA 98597 (360) 458 -8406 Fax: (360) 458-8417 Web: www.cl.v6ni.wa.us Yelm City Council Notice of Public Hearing RESOLUTION NO. 568 The Yelm City Council has scheduled a public hearing to receive comments on Resolution No. 568 Amendment of the "Six Year Transportation Improvement Plan" The Yelm City Council has scheduled a public hearing to receive comments on amending Resolution 568. The hearing is scheduled for 6:00 PM on Tuesday, March 28, 2017, and will take place in Council Chambers at the Yelm Public Safety Building, 206 McKenzie Street SE. The City desires to amend Resolution No. 568 with updated projects due to successfully receiving federal grant funding specific to those projects. For additional information, please contact Maryanne Zukowski, PE at 360.458.8499. 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 Maryanne Zukowski, PE, City of Yelm, 105 Yelm Ave 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 Lori Mossman, at 360.458.8402 at least five working days prior to the schedule event. NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ( "ADA "), the City of Yelm will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Effective Communication: City of Yelm will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City of Yelm programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making Agenda Item 7 - Public Hearing Notice Page 2 of 2 information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: City of Yelm will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in the City of Yelm offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Yelm should contact the office of Lori Mossman, at 360.458.8402 as soon as possible but no later than 48 hours before the scheduled event. Lori Mossman, City Clerk Published: Nisqually Valley News, March 17, 2017 PLEASE DO NOT PUBLISH BELOW THIS LINE Distribution: City Council Packets: Mayor: Councilmembers: Newspaper of Record Posted JW Foster EJ Curry Molly Carmody Jennifer Littlefield Tad Stillwell Tracey Wood Joe DePinto Russ Hendrickson Nisqually Valley News Yelm City Hall Yelm Timberland Library To: City Administrator Michael Grayum Mayor JW Foster Yelm City Council From: Chad Bedlington, Public Works Director Maryanne Zukowski, PE, Public Works Manager Date: February 9, 2017 (for March 28, 2017 City Council Meeting) Subj: Amend 2017 -2023 6- year Transportation Improvement Program Attachments: 1. TRPC Transportation Alternatives Program Grant Award 2.. TRPC Surface Transportation Program Grant Award 3, Resolution 568 Recommendation Amend Resolution Number 568 that established the 2017 to 2023 Six Year Transportation Improvement Program for the City of Yelm with a name change to a project and add a new project. Background The City was awarded federal grant funds for projects in December of 2016. One of the projects had a name and scope change in the grant and one of the projects was not identified on the 6 -year Transportation Improvement Program (TIP). • Fort Stevens Elementary Pedestrian Improvements: (Project scope changed) Previous name: 100th Way — Middle Rd to Green Acres Project Y16. The limits changed to a new sidewalk connecting to existing sidewalk along the west side of Grove Rd SE from approximately 200' north of the intersection of 100th St SE and Grove Rd to 100 Way SE. Then from 100th Way SE and Grove Rd tying into the north side of 100th St SE. • Yelm Ave / 1St Street (SR507) Corridor Study: (New project) This multi -modal planning project will engage the community and transportation stakeholders to identify strategies to balance the Yelm Ave /1st Street (SR 507) Corridor's character as a main street and as a regional highway. This project will study strategies to promote economic development opportunities, and to improve traffic safety and mobility for pedestrians, cyclists, and transit. March 28, 2017 Page 1 of 2 Agenda Item 8a Resolution No. 568 - Amend Six Year TIP Pa The TIP is the capital facilities document that guides transportation funding for ga 2siz year cycle. The TIP is based on the Yelm Comprehensive Transportation Plan and is the `implementation' document for the overall plan. Projects that are not on the TIP are not eligible for State or Federal funding, or the use of local Traffic Facilities Charges (TFC's). Although it is a six year plan, it is required to be updated annually as projects are completed and new priorities arise. The proposed Amendment for 2017 is highlighted in yellow below: Exhibit A Six Year Transportation Improvement Program 2017 - 2023 Project List �..... .............Project Name Project .............._............ ._.._ .......... _.. Number Bald Hill Rd to SR 50_7 /SR 510 Loop Intersection - New Connection -���— Y2C ..............�.. Killion to Coates - New Connection Y4A 103rd Ave. SE Bridge Replacement & East Approach _ Y4C �....._.... Burnett /93rd Intersection - Realignment & Traffic Signal Y5A .._ ........................... .........................��.�.� .. -Lo ngm i re/ S�R... 5. 1�0... �. nte�rs�e�ct�o. n....... .Traffic...,.��.�.�.�......._._. .�-- Signal ..._ . ...........�6��6666 - -- 6� _.........���_ Y5B Central Business District - Cullens to 4th Y5C Mill Road SE - 104th to Cochrane Park � �d�ew�alk .�._�.�Coch�ra.�n.�e.�.�Park.to Y6B /Y6C ww _.... a ....... ........... �. �. �. �. � ........ ............................... Mill Road SE S. i. SR 507 � .... ...........�.�.�.�� .� --- ......� Y6D Connect Prairie Line to Tacoma Rail Con ................ Y7A . �. �. �........... �. �. �. �.�.�.�.�.�.�......�.�.�.�.�.�� RailTrail -Power Canal . �. to.. Roy ........... ...�.�_.......................- Y7�13 Mosman Ave. - uRailroad to Longmlre ........................................................................................_...- Y8A /Y8C Mosman Ave. - 2nd to Clark Rd Y8E /Y8F .......... ............................... Bald Hill Road - City Limits to 5 Corners . ... ...... ............................... ........................... ........... _. ............. ..... . . ... Y9 Cullens 6 treet - Yelm Ave to Van Trump Y15A Cullens Street - 94th to 450' north .............. ..................... ............................_.. ................. Y15B ....................... Fo. rt... Stevens Elementary Pedestrian Improvements Y16 SR 507 Sidewalk - Mill to Mosman Y17A ....................... SR 507 Sidewalk - Mosman to Washington wwwwwwwwwwwwwwww- �...ww.ww ww .........- ........ _ Y176 Railway Road SE Sidewalk - 1st to Middle Y18 Middle Road Sidewalk - Railway to 300' east Y19 Creek Street Sidewalk - 103rd to Algiers ... Street SE Sidewalk — Cochrane Park to SE Mosman Ave Y21 Yelm Avenue / I" Street (SR507) Corridor Study "Study" Current Situation Staff recommends amending the 2017 -2023 Six Year Transportation Improvement Program and proposed project list. March 28, 2017 Page 2 of 2 IJ ;J 1�JJ Agenda Item 8a Resolution No. 568 - Amend Six Year TIP Page 3 of 6 MEMBERS: December 2, 2016 City of Lacey City of Olympia City of Rainier Mayor JW Foster City of Tenino City of Yelm City of Tumwater 105 Yelm Avenue West Yelm, WA 98597 City of Yelm Confederated Tribes of the Dear Mayor Foster: Chehalis Reservation Nisqually Indian Tribe RE: TRPC Surface Transportation Program Grant Award Town of Bucodo I am pleased to inform you that on December 2, Thurston Regional) Planning Council (TRPC) selected Thurston County projects to receive regional Surface Transportation Program (STP) grant awards for 2.0'17- 2019., The North Thurston Public Schools City of Yelm 's Yetrrr Avenue I tsf "street (58507) Corridor Strrdy was awarded $76,553 in federal STP funds. This award requires a minimum 13.5% local match. Olympia School District Intercity Transit According to the grant application, your project is scheduled to obligate no later than August 11, 2017. Provisions with this funding award stipulate that if this obligation date is not met, your agency may LOTT Clean Water Alliance stand to forfeit the award. Please note that TRPC awards projects in advance of receiving final Port of Olympia notification of the region's annual federal funding allocation and obligation authority. This funding is PUD No. 1 of Thurston County contingent on the state's apportionment and the total amount of revenue obligated statewide each year. Should less revenue be available for a given year, TRPC will notify jurisdictions and negotiate alternate obligation schedules with all awardees who may be affected. TRPC will do its best to assist communities with meeting project schedule requirements. TRPC requests all grant recipients adhere to the following conditions from receipt of this award to ASSOCIATE MEMBERS: completion of the project: Lacey Fire District #3 1. TRPC reserves the right to reprogram any unspent regional STP funds from this project to Puget Sound Regional Council the Countywide Restoration and Resurfacing Projects or other regional transportation priority projects. The Evergreen State College 2, Please recognize TRPC as the granting agency in any media, publicity, or other Thurston Economic communications about this award. In selecting your project as a regional priority and Development Council awarding it federal transportation funds, TRPC is fulfilling one of its responsibilities as the Timberland Regional Library Metropolitan Planning Organization for the Thurston Region. 3. TRPC, the Transportation Policy Board, or staff may request a project briefing or presentation about the status and outcomes of this project. An amendment of the Regional Transportation Improvement Program (RTIP) is underway and will be submitted to the state by January 20, 2017. Staff will receive an email with details and instructions on next steps regarding this amendment process. If any issues arise that might affect the timely progress of this grant funded project, please contact Paul Brewster, Senior Planner , or by phone at 360.741.2526. _r a p i aa.wrtl This is an important regional project that will provide benefits to the travelin g p ublic for years to come. a) �N „oQ.B,,:„ Congratulations on your award and TRPC looks forward to your success! U� ta �. a P P � r,J I r Sincerely, Veena Tabbutt_ Interim Executive Director R. Veena Tabbutt, 2424 Heritage Court SW Interim Executive Director Suite A cc: Chad Bedlington, City of Yelm Olympia, WA 98502 -6031 Grant Beck, City of Yelm 360 -956 -7575 Brian Moorehead, WSDOT Highways and Local Programs 360 - 956 -7815 Fax Paul Brewster, TRPC Holly Gilbert, TRPC www.trpc.org l �t Agenda Item 8a Resolution No. 568 - Amend Six Year TIP Page 4 of 6 MEMBERS: December 2, 2016 City of Lacey projects to receive regional Transportation Alternatives Program (TAP) grant awards for 2017 - 2019. City of Olympia The City of Yelm's Fort Stevens Elementary — Pedestrian Improvements was awarded $414,949 in City of Rainier Mayor JW Foster City of Tenino City of Yelm City of Tumwater 105 Yelm Avenue West Development Council Yelm, WA 98597 City of Yelm stand to forfeit the award. Please note that TRPC awards projects in advance of receiving final Confederated Tribes of the Dear Mayor Foster: Chehalis Reservation contingent on the state's apportionment and the total amount of revenue obligated statewide each Nisqually Indian tribe RE: TRPC Transportation Alternatives Program Grant Award Town of Bucoda I am pleased to inform you that on December 2, Thurston Regional Planning Council (TRPC) selected Thurston County projects to receive regional Transportation Alternatives Program (TAP) grant awards for 2017 - 2019. Puget Sound Regional Council The City of Yelm's Fort Stevens Elementary — Pedestrian Improvements was awarded $414,949 in North Thurston Public Schools federal TAP funds. This award requires a minimum 13.5% local match. Olympia School District communications about this award. In selecting your project as a regional priority and Intercity Transit According to the grant application, your project is scheduled to obligate no later than August 1, 2018. Development Council Provisions with this funding award stipulate that if this obligation date is not met, your agency may LOTT Clean Water Alliance stand to forfeit the award. Please note that TRPC awards projects in advance of receiving final Par[ of Olympia notification of the region's annual federal funding allocation and obligation authority. This funding is PUD No. 1 of Thurston County contingent on the state's apportionment and the total amount of revenue obligated statewide each year. Should less revenue be available for a given year, TRPC will notify jurisdictions and negotiate alternate obligation schedules with all awardees who may be affected. TRPC will do its best to assist communities with meeting project schedule requirements. TRPC requests all grant recipients adhere to the following conditions from receipt of this award to ASSOCIATE MEMBERS: completion of the project: Lacey Fire District #3 1. TRPC reserves the right to reprogram any unspent regional TAP funds from this project to Puget Sound Regional Council other regional transportation priority projects. The Evergreen State College 2. Please recognize TRPC as the granting agency in any media, publicity, or other communications about this award. In selecting your project as a regional priority and Thurston Economic awarding it federal transportation funds, TRPC is fulfilling one of its responsibilities as the Development Council Metropolitan Planning Organization for the Thurston Region. Timberland Regional Library 3. TRPC, the Transportation Policy Board, or staff may request a project briefing or presentation about the status and outcomes of this project. An amendment of the Regional Transportation Improvement Program (RTIP) is underway and will be submitted to the state by January 20, 2017. Staff will receive an email with details and instructions on next steps regarding this amendment process. If any issues arise that might affect the timely progress of this grant funded project, please contact Paul Brewster, Senior Planner, b -re. T,f!g q g or by phone at 360.741.2526. �1 ),, JY yr � 1 " This is an important regional project that will provide benefits to the traveling public for years to come. J j, „�uJ, Congratulations on your award and TRPC looks forward to your success! JAr14.p,p IJAJ Sincerely, Veena Tabbuit Interim Executive Director R. Veena Tabbutt, Interim Executive Director 2424 Heritage Court SW cc: Chad Bedlington, City of Yelm Suite A Grant Beck, City of Yelm Olympia, WA 98502 -6031 Brian Moorehead, WSDOT Highways and Local Programs 360 - 956 -7575 Paul Brewster, TRPC Holly Gilbert, TRPC 360- 956 -7815 Fax www,trpc,org Agenda Item 8a Resolution No. 568 - Amend Six Year TIP Page 5 of 6 CITY OF YELM RESOLUTION NUMBER 568 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, Section RCW 35.77.010 RCW requires the adoption of a six year transportation improvement program; and WHEREAS, the adopted six year transportation improvement program has been updated annually by the City Council; and WHEREAS, the City Council has determined that the proposal to update and amend the adopted six year transportation improvement program is consistent with the Comprehensive Plan and Transportation Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yelm that the 2017 -2023 amended six year transportation improvement program attached to this resolution as Exhibit A is hereby adopted and that a copy of this resolution be filed with the Director of the Washington State Department of Transportation. APPROVED this 28th, day March, 2017. Mayor JW Foster ATTEST: Lori Mossman, City Clerk Agenda Item 8a Resolution No. 568 - Amend Six Year TIP Page 6 of 6 Exhibit A Six Year Transportation Improvement Program 2017 - 2023 Project List Project Name Project Number Bald Hill Rd to SR 507/SR 510 Loop Intersection - New Connection Y2C Killion to Coates - New Connection Y4A 103rd Ave. SE Bridge Replacement & East Approach Y4C Burnett /93rd Intersection - Realignment & Traffic Signal Y5A Longmire /SR 510 Intersection - Traffic Signal Y513 Central Business District - Cullens to 4th Y5C Mill Road 5E -104th to Cochrane Park Y6B /Y6C Mill Road SE Sidewalk — Cochrane Park to SR 507 Y6D Connect Prairie Line to Tacoma Rail Y7A Rail Trail - Power Canal to Roy Y76 Mosman Ave. - Railroad to Longmire Y8A /Y8C Mosman Ave. - 2nd to Clark Rd Y8E /Y8F Bald Hill Road - City Limits to 5 Corners Y9 Cullens Street - Yelm Ave to Van Trump Y15A Cullens Street - 94th to 450' north Y15B Fort Stevens Elementary Pedestrian Improvements Y16 SR 507 Sidewalk - Mill to Mosman Y17A SR 507 Sidewalk - Mosman to Washington Y17B Railway Road SE Sidewalk - 1st to Middle Y18 Middle Road Sidewalk - Railway to 300' east Y19 Creek Street Sidewalk - 103rd to Algiers Y20 2nd Street SE Sidewalk — Cochrane Park to SE Mosman Ave Y21 Yelm Avenue / 15' Street (SR507) Corridor Study "Study" Agenda Item 8b Ordinance No. 1021 - 2017 Budget Amendment Page 1 of 5 MEMORAND UM City of Yelm Administrative and Financial Services 105 Yelm Avenue West, Yelm, Washington 98597 To: Mayor Foster and Yelm City Council From: Noah Crocker Date: March 20, 2017 for March 28, 2017 Council Meeting Subj: Ordinance No. 1021, FUNDS 102,120,316 2017 Budget Amendment Recommendation: Adopt Ordinance No. 1021 amending the adopted 2017 Budget to increase the spending authority in Fund 102 (Arterial Street Fund), 120 Transportation Facility Charge and 316 (Roads /Street Construction) by $93,501,$9,552 and $628,354 respectively. Background: The City received grant funds for projects after the 2017 Budget Adoption with requirements for City matching funds. Additionally, some projects did not spend all the City and grant funds anticipated in 2016 and are under contract or moving to the construction phase. This amendment is to provide new expenditure authority for the following: 1) Design and Construction for the Cullens RD Project. 2) Yelm Ave / 1St Street (SR507) Corridor Study 3) Provide partial design funds in 2017 for Fort Stevens Elementary Pedestrian Improvements 4) Provide the actual remaining City match and grant funds available for 1St Street Sidewalk Improvements for the construction phase. 5) Provide the actual remaining City match and grant funds for Mosman Phase 2 project. 6) Adjust the funding level for Mosman Phase 3 design phase efforts in 2017. 7) Adjust the funding level for Coates RD extension for design phase efforts in 2017 The City received new grant funding for the following: 1) Design and Construction for the Cullens RD project — $586,808 2) Yelm /Avenue / 1 st Street (SR 507) Corridor Study in the amount of $76,553 Phone: 360.458.3244 Facsimile 360.458.4348 Agenda Item 8b Ordinance No. 1021 - 2017 Budget Amendment Page 2 of 5 Current situation: The Council should adopt Ordinance 1021 in order to provide the transfer, and authorize the expenditures to: • Design and construct the overlay for the Cullens RD Project. • Initiate the Yelm Ave / 1St Street (SR507) Corridor Study • Begin initial design efforts in 2017 for Fort Stevens Elementary Pedestrian Improvement Project to construct the project in 2018. • Complete construction for the 1St Street Sidewalk Improvement Project • Complete design, environmental and initial right of way efforts for the Mosman Phase 2 project. • Adjust the funding level for Mosman Phase 3 design and begin pre- design efforts in 2017. • Adjust the funding level for Coates RD extension and begin pre- design efforts in 2017 This 2017 Amendment in total is $731,407. Appropriation changes include adjustments to balance the departments /funds as follows: FUND TOTAL E: P'ENDITURE BUDGET ADJUSTMENT COMMENTS FI.Hid 102:- AR.TER.IAL. STREETS (03, ®501.,00'), SEE ATTACHED FI.Hi l 120-TRANSPORTATION FAC CHARGE (, ®552'.00', E.E. ATTACHED, FLHA 31 - ROADS / TR.EET CON TR.LICTIOt,1 (620 ®354.00'] SEE ATTACHED SEE ATTACHED TOTAL AJIII Funds (731,407 ,00 Page 2 of 3 Agenda Item 8b Ordinance No. 1021 - 2017 Budget Amendment Page 3 of 5 EXHIBIT A 2017 Budget Amendment FLIND/ACCT origIinall RudgetAnit New BudgetAnnt REASON Fund 1012-ARTERIAL STREETS 3108.810.00.00 31108.810.00.00 $ 42,445 59,447 BEGUNINIIING CASH&IIIINVESTIMEINTS 333.20.20.50 333.20.20.50 109,741.00 76,553.00 STIPGRAINTSR,507&1st STREET 597.95.63.0,8 (360,013,0) (36,9,552-,00) VO to 316 for CAIRITAL 5,08.810.00.00 543.3,13.41.02 (91,050) (93,501) 1 LA IN IN III IN G STU DY S R507 & I ST STREET 397.95.60.08 5,08,.810..11 1 DO 71,445) (71,499.00) EINDIIIING CASH-UINRESERVEID Expenditure .Author" Increase X9,552.00) 595.10.40.01 (200,000) TOTAL EXPENDITURE DES11GIN EINGIIIINEERIING-MOSSMAIN I (93,501) l(Net Effectto ErI Cash (140,000) Expenditure.Authority Increase DES11GIN EINGIIIINEERIING COATES AVE (93,501) 595.10.40.03 (75,232.00) DES11GIN EINGIIIINEERIING CULLEINS RD 595.10.40.04 Net Effeetto EndIing Cash DES11GIN EINGIIIINEERIING FORT STEVENS 54.00 595.10.61.00 Fund 120-TRANSPORTATION FAC CHARGE 3108.810.00.00 581,537.00 582,676,00 BEGUNINIIING CASH&IIIINVESTMEINTS 333.20.20.50 91,745 109,741.00 STIP GRAINT IMOSIMAIN I 597.95.63.0,8 (360,013,0) (36,9,552-,00) VO to 316 for CAIRITAL 5,08.810.00.00 99,473)' (91,050) ENDUING CASH 397.95.60.08 360,000 369,552.00 T/111 1120 Expenditure .Author" Increase X9,552.00) 595.10.40.01 (200,000) (106,449.00) DES11GIN EINGIIIINEERIING-MOSSMAIN I l(Net Effectto ErI Cash (140,000) (8 „4413 „00) DES11GIN EINGIIIINEERIING COATES AVE Fund 316- ROAD SISTRE ET CONSTRUCTION 3108.80.00.00 72,518..00 93,652.00 BEGIIIININIIING CASH&IIINVESTIMEINTS 333.20.20.50 91,745 109,741.00 STIP GRAINT IMOSIMAIN I 334.03.81.05 28,13,320 3101,071.00 TIB SR.507 SIDEWALK GRAINT 334.03.81.06 586,808.00 TIB CILILLEINS RD-ARTERIIAL 397.95.60.08 360,000 369,552.00 T/111 1120 595.10.40.01 (200,000) (106,449.00) DES11GIN EINGIIIINEERIING-MOSSMAIN I 595.10.40.02 (140,000) (70,000.00) DES11GIN EINGIIIINEERIING COATES AVE 595.10.40.03 (75,232.00) DES11GIN EINGIIIINEERIING CULLEINS RD 595.10.40.04 (20,000.00) DES11GIN EINGIIIINEERIING FORT STEVENS 595.10.61.00 (93,988) (134,523.00) Mosman (Phase 2 Engineering 595.310.6108 (6,05,27100) CULLEINS RD CONSTRUCTION 595.61.41.00 (9,000.00) (27,078.00), SR5,07 SIDEWALK EINGIIINEERIIIING 595.61.6100 (351,44.00) (384,190.00), S R 5,07 S 10 EWA LIK CO IN STIR IJ CTIII 0 IN 508 8,0 „00„00 pojqs)' (44,082), EINDIIIING CASH ExpendIiture.Authority Increase (628,354.00) Net Effect to EndIing Cash 33,886.013, Page 3 of 3 Agenda Item 8b Ordinance No. 1021 - 2017 Budget Amendment Page 4 of 5 CITY OF YELM ORDINANCE NO. 1021 AN ORDINANCE amending the 2017 City of Yelm Budget as adopted by Ordinance No. 1016 in November 2016, by increasing appropriations in excess of original estimates. The City Council of the City of Yelm, Washington ordains as follows: Section 1. 2017 budgeted amounts for expenditures from fund 102, for the fiscal year ending December 31, 2017, are increased by $93,501 for the Yelm Ave / 1St Street (SR507) Corridor Study. 2017 budgeted amounts for transfers for fund 120 and expenditures for fund 316 for the fiscal year ending December 31, 2017, are increased by a total of $9,552 and $628,354 respectively, for the following capital projects as shown in Exhibit A; design and construction for the Cullens RD project, initial design efforts for Fort Stevens Elementary Pedestrian Improvement project, construction of the 1St Street Sidewalk Improvement project, complete design, environmental and initial right of way efforts for the Mosman Phase 2 project, pre- design efforts for the Mosman Phase 3 project, and pre- design efforts for the Coates RD Extension Section 2. The budget for the year 2017 as amended by the changes in Section 1 shall be filed in the office of the City Clerk who is hereby directed to transmit this supplemental budget to the Auditor of the State of Washington, Division of Municipal Corporations. Section 3. Ratify and Confirmation Clause — Any action taken pursuant to this ordinance but prior to the effective date is hereby ratified and confirmed. Section 4. This ordinance shall take effect five days following publication. PASSED and signed in authentication on this 28th day of March, 2017. J.W. Foster, Mayor Authenticated: Lori Mossman, City Clerk Passed and Approved: March 28th, 2017 PUBLISHED: Nisqually Valley News: March 31, 2017 Effective: April 5, 2017 Agenda Item 8b Ordinance No. 1021 - 2017 Budget Amendment Page 5of5 EXHIBIT A 2017 IBHyud,get Amendment FUND /.AOCT Odginall Budget Arnt NewBudgetArn REASON Fund 102-ARTERIAL STREETS 3108.80 .00.09 42,445 59,447 BEGIIININIIIING CASH&IIINVESTMEINTS 333 „20 „20,.50 76,553.00 STIP GRAINT SR507 &,1.s1 STREET 543.30.41.02 �93,501� IPLAININIIINGSTU CIY SR507 &Y�ST STRE:E:T 508,,,3,0E 070„00 (71,445) 71,49,9. 013 � EINDIIING CASH-UINRESERVED TOTAL EXPENDITURE �93,501� Expenditure Authorky Increase �93,501� Net Effectto Ending Cash 54.00 Fund 1201-TRANSPORTATI4UN FAC CHARGE 308.3,0.00.,00 581,537.00, 582,676.013 BEGIIININIIIING CASH&IIINVESTMEINTS 597.35.63.08 3 60, 000) 369,552.013 , T/O to 316, for CARITAL 508.. 8,G.00.0D (99,473) X91,0613� EINDIIING CASH ExpenditureAuthorky Increase $ 9,552.00� Net Eff ect to Ending Cash $ �8,413.00fl Fund 315-ROADS/STREET CONSTRUCTION 308.30 .00.00 $ 72,518.00, $ 99,652.013 BEGIIININIIIING CASH&IIINVESTMEINTS 333„20 20. 5,0 91,,746 , I09,741.00 STIP GRAINT MOSMAN I 334.03.81.05 280,320 3101,071.00 TIB SR,507 SIDEWALK GRAINT 334.03.81.06 586,8,08.00 TIB OULLEINS IRD-ARTEMAL 397.35.60.08 $ 3613,000 $ 369,552.013 T111 FROM 120 595.10.40.01 (200pGOG) 106,449.00� I EINGIIIINEERIIING-MOSSMAN I 595.10.40.02 (140,p GM) � 70,000.00 DESIIGNI EINGIIIINEERIIING COATES AVE 595.10.40.03 X75,232.0131 , DESIIGNI EINGIIIINEERIIING CULLEINS RD 59110.40.04 20,000.00� DESIIIGIN EING11INEER11ING FORT STEVENS 595.10.61..M (93p988) �134,523.00� IMosman lPhase 2 Engfineenng 595.30.63.08 6,05,270.00�, CULLENS RD CONSTRUCTION 595.61.41.00 (9pM,0,.00,) � 27,078.013� SIR507 SlIDEWALIK EING11 IN EERII ING 59161.63.00 X351,400.00) X384J90 .00� SR5)07 SIDEWALK CONSTRUCTION 5,08.. 8,0.00.0D (10,196) �44,0,82 EINDIIING CASH ExpenditureAuthorky Increase 628,354.00� Net Eff ect to Ending Ca s,h 33,886.00 To: MayorJW Foster Yelm City Council Agenda Item 8c - Resolution No. 573 - School Impact Fee Page 1 of 4 City of Yelm STAFF REPORT From: Grant Beck, Community Development Director Date: March 16, 2017 (for March 28th City Council Meeting) Subj: School Impact Fees Recommendation Adopt Resolution 573 establishing an updated School Impact Fee pursuant to Section 18.16.090 Yelm Municipal Code. Background The City of Yelm and Yelm Community Schools have collaborated for years to ensure that new development within the City pays its share to support the capital needs of the new development. Historically, this has been a condition placed by the City on new residential subdivisions of land that required the developer to enter into a "SEPA mitigation agreement" with the Schools. The previous process requires the developer to enter into a contract with the Schools. Before a building permit is issued by the City, the developer would pay the fee to the Schools and bring proof of payment to the City. There is no option to defer or delay payment of the mitigation fee. The Yelm School District includes Yelm as well as areas of unincorporated Thurston and Pierce Counties. Both of these jurisdictions also require that new development pays its share of School costs, but do so through an impact fee as authorized by the Growth Management. Yelm also established the ability to collect an impact fee rather than a SEPA mitigation fee when the Unified Development Code was adopted in 2015. Impact fees are collected by the City at time of building permit payment, saving a step for the contractor. They may also be deferred to final inspection, if requested by the developer. The proposed impact fee and the previous SEPA mitigation fee are the same, so there will be no financial impact to the development community. Both were $3,015 per single family dwelling Page 1 of 2 Agenda Item 8c - Resolution No. 573 - School Impact Fee Page 2 of 4 and $1,590 per multi - family unit in 2016 and will be $4,450 per single family dwelling and $1,815 per multi - family unit for 2017. Current Situation The Council may adopt School Impact fees, streamlining the permit system for contractors, or maintain the existing mitigation fee collection system. Page 2 of 2 Agenda Item 8c - Resolution No. 573 - School Impact Fee Page 3 of 4 CITY OF YELM RESOLUTION 573 A RESOLUTION OF THE CITY OF YELM ESTABLISHING AN UPDATED SCHOOL IMPACT FEE PURSUANT TO SECTION 18.16.090 YELM MUNICIPAL CODE WHEREAS, Section 18.16.090 (B) Yelm Municipal Code establishes a impact fee related to Schools, and WHEREAS, the fee is calculated based on the most current version of the Capital Facilities Plan adopted by Yelm Community Schools and endorsed by resolution of the Yelm City Council; and WHEREAS, the Board of Directors of Yelm Community Schools adopted an update to the Districts Capital Facilities Plan on July 28, 2016, and WHEREAS, the Board of Directors also adopted an updated Impact Fee Rate Study for Schools which establishes the need for an impact fee of $3,015 per single family dwelling and $1,590 per multi - family unit, and WHEREAS, the City of Yelm desires to endorse the Capital Facilities Plan and Impact Fee Study pursuant to Section 18.16.090 (B) YMC; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yelm: 1. The Capital Facilities Plan adopted by the Board of Directors of Yelm Community Schools is hereby endorsed by the City of Yelm. 2. The School impact fee pursuant to Section 18.16.090 (B) YMC is established at a rate of $4,450 per single family dwelling and $1,812 per multi - family unit. APPROVED this 28th day of March, 2017. JW Foster, Mayor U191119 Lori Mossman, City Clerk To: MayorJW Foster Yelm City Council Agenda Item 8d - Social Media Policy Page 1 of 5 City of Yelm STAFF REPORT From: Michael Grayum, City Administrator Grant Beck, Community Development Director Todd Stancil, Police Chief Date: March 17, 2017 (for March 28th City Council Meeting) Subj: Social Media Policy Recommendation Endorse by motion the Yelm Social Media Policy. Background A priority of Mayor Foster and the City Council has been to increase the City's transparency and better communicate with our citizens and community. The use of social media can forward these goals and the City has developed two social media presences; a facebook page for the City of Yelm ( @CityofYelmWA) and a facebook page for the Police Department ( @cityofyelm). The City's use of social media has already been a success and has proven a highly useful tool in communicating with the City's stakeholders. While staff have been careful to use best practices for the use of social media, as suggested by the Association of Washington Cities, a written policy memorializing these practices is appropriate. The Council has discussed social media policies at two previous study sessions. At the first meeting, the consensus as a guiding principle is that social media presence by the City, City Departments, and the official pages of City employees should not be political. At the second meeting, the Council reviewed sample policy language that represent best practices for social media. The draft social media policy before the Council for review includes language that supports the supports the Council's guiding principle as well as incorporates the best practices for the use of social media by a governmental organization. Agenda Item 8d - Social Media Policy Page 2 of 5 Current Situation The Council may endorse by motion the Yelm Social Media Policy, continue the matter to April 4, 2017 study session at 6 PM at the Public Safety Building, or take no action. Agenda Item 8d - Social Media Policy Page 3 of 5 CITY OF YELM — POLICIES AND PROCEDURES Title: Social Media Policy Policy Manual Code: 01 Approved: Revised: Effective Date: 1. PURPOSE To address the fast - changing landscape of the Internet and the way residents communicate and obtain information online, City of Yelm Departments may consider using social media tools to reach a broader audience. The City encourages the use of social media to further the goals of the City and the missions of its departments where appropriate. The City of Yelm has an overriding interest and expectation in deciding what is "spoken" on behalf of the City on social media sites. This policy establishes guidelines for the use of social media. 2. REFERENCES None 3. DEFINITIONS None 4. POLICY A. All City of Yelm social media sites posted by departments will be subject to approval by the City Administrator prior to activation. Use of new social media not previously approved shall be subject to advance approval by the City Administrator or designee. B. The official City of Yelm website will remain the City's primary and predominant internet presences. Social media sites can augment this presence as a means of disseminating time - sensitive information as quickly as possible (such as updates on emergencies) and as a method to market or promote City events or opportunities to an identifiable, appropriate audience. When possible, content on social media sites should not be unique to the social media site and will also be available on the City's primary web sites. Content posted on social media sites should contain links directing users to the City of Yelm official website. C. Each department using social media sites will be responsible for the content and upkeep of any social media sites their department may create. To promote consistency and timeliness of information each department shall designate one employee who may post information and maintain the social media site. Agenda Item 8d - Social Media Policy Page 4 of 5 D. Social media use shall comply with applicable City policies, the Yelm Municipal Code and state and federal law. Any exceptions to City policy necessitated by social media formats or needs must be approved by the City Administrator in advance. E. City of Yelm social media sites are subject to State of Washington public records laws. Any content maintained in a social media format that is related to City business, including a list of subscribers and posted communication, is a public record. Content related to City business shall be maintained in an accessible format and so that it can be produced in response to a request. Wherever possible, such sites shall clearly indicate that any articles and any other content posted or submitted for posting are subject to public disclosure. Users shall be notified that public disclosure requests must be directed to the City Clerk. F. Washington state law and relevant City of Yelm records retention schedules apply to social media formats and social media content. Unless otherwise addressed in a specific social media standards document, the department maintaining a site shall preserve records required to be maintained pursuant to a relevant records retention schedule for the required retention period on a City server in a format that preserves the integrity of the original record and is easily accessible. G. Users and visitors to social media sites shall be notified that the intended purpose of the site is to serve as a mechanism for communication between City departments and members of the public. City of Yelm social media site articles and comments containing any of the following forms of content shall not be allowed: • Comments not topically related to the particular social medium article being commented upon; • Comments in support of or opposition to political campaigns or ballot measures; • Profane language or violent or threatening content; • Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; • Sexual content or links to sexual content; • Solicitations of commerce; • Conduct or encouragement of illegal activity; • Information that may tend to compromise the safety or security of the public or public systems; or • Content that violates a legal ownership interest of any other party. These guidelines must be displayed to users or made available by hyperlink. Any content removed based on these guidelines must be retained, including the time, date and identity of the poster when available. Agenda Item 8d - Social Media Policy Page 5 of 5 H. The City reserves the right to restrict or remove any content that is deemed in violation of this social media policy or any applicable law. I. Council members and other officials and appointed volunteers should not comment or otherwise communicate on the City's Social Media sites. Participating in online discussions may constitute a meeting under the Open Public Meetings Act J. Administration of City of Yelm social media sites: • The City Administrator or designee will maintain a list of social media tools which are approved for use by City departments and staff. • The City Administrator or designee will maintain a list of all City of Yelm social media sites, including login and password information. Departments will inform the City Administrator of any new social media sites or administrative changes to existing sites. • The City must be able to immediately edit or remove content from social media sites. All information necessary for this to occur must be provided to the City Administrator. • For each social media tool approved for use by the City the following documentation will be developed and adopted: • Operational and use guidelines • Standards and processes for managing accounts on social media sites • City and departmental branding standards (d) Enterprise -wide design standards o Standards for the administration of social media sites To: Mayor J.W. Foster Yelm City Council From: Todd Stancil, Chief of Police Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 1 of 12 City of Yelm STAFF REPORT Date: March 10, 2017 (For the March 28th Council Meeting) Subj: Add sections 9.01 and 9.02 to the Yelm Municipal Code Modify Yelm Municipal Code 9.08 — Offenses against Public Order Modify Yelm Municipal Code 9.12 — Offenses against Property Recommendation Approve and authorize Mayor Foster to sign Ordinance No. 1020 adding sections 9.01 and 9.02 of the Yelm Municipal Code and modifying Yelm Municipal Codes 9.08 and 9.12. Background A majority of the Yelm Municipal Code that deals with criminal violations was written in 1977. Since that time state laws have seen significant changes while our municipal code has not. Officers primarily utilize RCW's (Revised Codes of Washington) when citing and /or arresting individuals for misdemeanor, gross misdemeanor and felony crimes unless the criminal act is specific to the City of Yelm as written in the municipal code. Recent court rulings have determined that if a city has a municipal code that is the same as an RCW the officers must cite /arrest under both or just the YMC to have subject matter jurisdiction. To avoid this, cities can modify their municipal codes to reference that state statutes for criminal offenses have been adopted. Current Situation Yelm Municipal Codes 9.08 and 9.12 address specific crimes that are primarily duplicated as RCW's. All codes in this section that are a duplication have been removed and listed as adopted by reference as indicated in the attachments. Yelm Municipal Code 9.01 and 9.02 have been added to clean up and clarify the cities role in the enforcement of misdemeanor and gross misdemeanor crimes. There is not cost benefit for the city to cite /arrest under a municipal code as opposed to an RCW. Legal representative for the city have reviewed the recommended changes and approve of the language as written. Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 2 of 12 CITY OF YELM ORDINANCE NO. 1020 AN ORDINANCE of the City of Yelm modifying and adding to Title 9 of the Yelm Municipal Code relating to Public Peace, Morals and Welfare. WHEREAS, a portion of the Yelm Municipal Code duplicates state statue and over time, state statues have been revised based on legislative adoptions; and WHEREAS, Chapter 9.01 and 9.02 are added to clarify the roles and responsibilities of our city in the enforcement of municipal code and state laws; and WHEREAS, Chapter 9.08 and 9.12 are to be modified to address enforcement of the municipal code and to adopt by reference Revised Code of Washington (RCW)'s that are currently duplicated in the municipal code; and WHEREAS, the Yelm City Council wishes to add to Chapter 9.01 and 9.02 and modify Chapter 9.08 and 9.12 of the Yelm Municipal Code; NOW, THEREFORE, THE YELM CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. Adding Chapter 9.01 Preliminary Article 9.01.010 PreliminaU statement. A. This title as adopted hereby and as it may hereafter be amended, supplemented and modified shall be known as, and may be cited as, the Yelm Municipal Code. B. The provisions of this code shall apply to offenses committed after the effective date of the ordinance by which it was adopted. C. If any provision of this code, or its application to any person or circumstance, is held invalid, the remainder of the code, or the application of the provision to other persons or circumstances, is not affected. and to this end the Drovisions of this code are declared to be severable. D. Section captions are for organizational purposes only and shall not be construed as part of this code. (Ord. 10201 Section 2. Adding Chapter 9.02 General Provisions Sections: 9.02.010 Purposes — Principles of construction. 9.02.020 City criminal jurisdiction. 9.02.030 Classes of crimes — Penalties. 9.02.040 Personal jurisdiction. 9.02.050 Limitation of action. Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 3 of 12 9.02.060 Proof beyond a reasonable doubt. 9.02.070 Intentional failure to comply. 9.02.080 Adoption of state statutes by reference. 9.02.090 Citation reference to sections adopted by reference. 9.02.900 Statutes incorporated by reference. 9.02.010 Purposes — Principles of construction A. The general purposes of the provisions governing the definition of offenses are: 1. To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests: 2. To safeguard conduct that is without culpability from condemnation as criminal: 3. To qive fair warninq of the nature of the conduct declared to constitute an offense: 4. To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each. B. The provisions of this title shall be construed accordinq to the fair import of their terms and when the language is susceptible to differing constructions it shall be interpreted to further the general purposes stated in this title. (Ord. 1020) 9.02.020 City criminal jurisdiction Any person who commits within the corporate limits of the city any crime that is a violation hereof, in whole or in part, or a violation the prosecution of which is the responsibility of the city pursuant to RCW 39.34.180, is liable to arrest and punishment. (Ord. 1020) 9.02.030 Classes of crimes — Penalties A. An offense defined by this code, for which a sentence of imprisonment is authorized, constitutes a "violation of city ordinance" and a "crime." For purposes of this code, the two terms shall have the same meaning and may be used interchangeably. B. Violations of city ordinances are classified as gross misdemeanors or misdemeanors. A violation of a city ordinance is a misdemeanor if not otherwise designated by this code or by the code adopted by reference, and persons convicted thereof may be sentenced to imprisonment for a term not in excess Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 4 of 12 of 90 days. A violation of a city ordinance is a gross misdemeanor if so designated in this code, and persons convicted thereof may be sentenced to imprisonment for a term not in excess of one year. C. Unless otherwise specifically provided, misdemeanors shall be punishable by imprisonment in mail for a term of up to 90 days, or by a fine of up to $1,000, or by both such imprisonment and fine. Unless otherwise specifically provided, gross misdemeanors shall be punishable by imprisonment in mail for a term of up to one year, or by a fine of up to $5,000, or by both such imprisonment and fine. (Ord. 1020) 9.02.040 Personal jurisdiction. Every person, regardless of whether or not an inhabitant or resident of the city, may be tried and punished under this code for any violation of city ordinance committed by him or her within the corporate limits of the city. (Ord. 1020) 9.02.050 Limitation of action. A. No violation of city ordinance which is classified as a gross misdemeanor herein or in the code adopted by reference may be prosecuted more than two years after its commission. No violation of city ordinance classified as a misdemeanor herein or in the code adopted by reference may be prosecuted more than one year after its commission. B. The periods of limitation prescribed herein do not run durinq any time when the person charged is not usually and publicly resident within this state. C. If, before the end of a period of limitation prescribed herein, a complaint or an information has been filed, and the complaint or information is set aside, then the period of limitation is extended by a period equal to the length of time from the filinq to the settinq aside. (Ord. 1020) 9.02.060 Proof beyond a reasonable doubt A. Every person charged with a violation of a city ordinance that constitutes a crime is presumed innocent unless proved guilty. No person may be convicted of such a violation unless each element of such crime is proved by competent evidence beyond a reasonable doubt. B. When a violation of such a city ordinance has been proven against a person, and there exists a reasonable doubt as to which of two or more degrees he or she is guilty, such person shall be convicted only of the lowest degree. (Ord. 1020) 9.02.070 Intentional failure to comply A court may, in its discretion, treat any intentional failure to comply with a court order in respect to fines or costs, or both, upon conviction, as civil contempt. (Ord. 1020) Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 5 of 12 9.02.080 Adoption of state statutes by reference A. Statutes of the state of Washington specified herein and as specified in ordinances codified in this title are adopted by reference as and for a portion of the penal code of the city of Yelm, as if set forth in full, includinq the criminal /offense classification and penalty provisions applicable thereto unless a different classification and /or penalty is specifically provided for the particular sections of state statutes adopted by reference: provided, that the adoption of state statutes by reference shall not be construed or interpreted to vest in the city any authority or responsibility to prosecute felony offenses, and the adoption of state statutes which include felony provisions shall be limited to those provisions fallinq within the city's authority, and such adoption, and the provisions beinq adopted, shall be construed and interpreted in accordance with the lawful authority of the city. B. The city also hereby adopts by reference all of the crimes defined as gross misdemeanors or misdemeanors in the Revised Code of Washington, as now enacted or hereafter amended or adopted, including, but not limited to, RCW Titles 9, 9A, 10, 13, 16, 46, 66, 68, 69, 70 and 77. (Ord. 1020) 9.02.090 Citation reference to sections adopted by reference In any citation, complaint, notice of violation or other pleading filed in a court of competent jurisdiction or in any other forum, reference to the section or sections of state statutes adopted by reference as a part of the city code shall be by the same number identifying the section in the Revised Code of Washington. Such reference shall refer to and mean the appropriate section of the Yelm Municipal Code adopted by reference from the Revised Code of Washington. (Ord. 1020) 9.02.900 Statutes incorporated by reference The followinq statutes are incorporated in this chapter by reference: RCW 9.01.555 Citizen immunity if aiding officer — Scope — When 9A.04.050 People capable of committing crimes — Capability of children 9A.04.060 Common law to supplement statute 9A.04.110 Definitions 9A.08.010 General requirements of culpability 9A.08.020 Liability for conduct of another — Complicity 9A.08.030 Criminal liability of corporations and persons acting or under a duty to act in their behalf 9A.12.010 Insanity 9A.16.010 Definitions [Defensesl Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 6 of 12 9A.16.020 Use of force —When lawful 9A.16.030 Homicide — When excusable 9A.16.040 Justifiable homicide or use of deadly force by public officer, peace officer, person aiding 9A.16.050 Homicide — By other person — When justifiable 9A.16.060 Duress 9A.16.070 Entrapment 9A.16.080 Action for being detained on mercantile establishment premises for investigation — "Reasonable grounds" — As defense 9A.16.090 Intoxication 9A.16.100 Use of force on children — Policy — Actions presumed unreasonable 9A.20.030 Restitution — Alternative to a fine (Ord. 1020) Section 3. Amending Chapter 9.08 Offenses against Public Order Sections: 9.08.010 Definitions 9.08.020 Disorderly Conduct 9.08.0 ._ •0:040 •0:0 9 08 070 9.08.080 9.08.900 9.08.010 A. Obstruct — For the purpose of this chapter, means to render impassable and thereby subject passersby to unreasonable inconveniences or hazard. B. Public Safety Order — An order is issued by a peace officer designed and reasonably necessary to prevent or control a serious disorder, and promote the safety of person or property. C. School — Ordinary meaning and also includes colleges, community colleges and institutions of higher education. (Ord. 213 4(A), 1977) 9.08.020 Disorderly Conduct A person is guilty of disorderly conduct if without lawful authority he knowingly: A. Is involved in conduct and /or uses abusive language which causes clear and imminent danger of assault, riot or other public disorders which endanger the safety of others; B. Intentionally disrupts any lawful assembly or meeting of persons without lawful authority; C. Obstructs pedestrian or vehicular traffic without lawful authority; Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 7 of 12 9—Appears in a public place under the influence of alcohol, narcotics or other drug to the degree that he endangers himself or another person or property, or by boisterous and offensive conduct that annoys another person in his or her vicinity. A. W. er -rt-e inssnrsrrrr_ t�: �n�r r: ssr- s�rrrr- rsrr.:rt�r- �:azrrt -e �,� ■ MrSIMMAn-M.M.". WA 9.08.0360 Offenses in Public Designated It is unlawful for a person in public to: A. Refuse to pay proper fare in public conveyance; or B. Open or drink any intoxicating liquor in a public conveyance or public place not previously authorized by law; or C. Sell any liquor to any person apparently under the influence of liquor; or D. Provoke or engage in combat with another person or persons; or E. Expectorate upon the floor, walls or furniture of any public conveyance or public building; or F. Intentionally throw any object at, against or upon any house, building, structure, vehicle or premises of another person or of the city, without consent of that person or the city; or G. Commit an assault or an assault and battery upon another person not amounting to assault in either the first, second or third degree as those terms are defined in RCW 9A.36.010 through 9A.36.030, or commit the crime of riot as defined in RCW 9A84.010; or Hand out or distribute handbills, posters, or other purely commercial advertising matter upon the streets, walks, or other public areas of the city. (Ord. 213 4(E), 1977) 9.08.0460 Disturbing the Peace — Unlawful It is unlawful for any person, by noisy, riotous or tumultuous conduct, or by fighting or quarreling or encouraging other persons to fight or quarrel, to disturb the quiet and peace of the city or of any meeting, assemblage or public affair in the city. (Ord. 239 1, 1980) Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 8 of 12 9.08.OUO Penalties for Gang - related Violations. If the court finds that a person convicted of a violation of RCW 9.36.021, Simple Assault; 9A36.050, Reckless Endangerment; 9A36.070, Coercion; 9.61.230, Intimidating Phone Calls; 9A.46.120, Harassment; 9.08.020, Disorderly Conduct; 9A.84.010, Riot; 9.08.040, Disrupting School Activities; 9A.48.090, Malicious Mischief; or 9A.52.080, Criminal Trespass, intentionally committed the acts necessary for conviction because of such person's perception of the race, color, religion, ancestry, national origin, group association, gender, sexual orientation, or mental, physical or sensory handicap of the victim or victims, or that the violation was part of a gang initiation or gang activity, the court shall impose a minimum fine of not less than $500.00 and a minimum jail sentence of not less than five days for each such offense. Neither the mandatory minimum jail sentence nor the mandatory minimum fine shall be suspended or deferred, nor shall the jail sentence be served by alternate means. For purposes of this section the terms "gang ", "gang activity ", "gang initiation" and "gang member" are defined as follows: A. Gang — Two or more people who form an allegiance for a common purpose and engage in unlawful activity. B. Gang Activity — The committing of unlawful activities by gang members or unlawful activities that involve gang behavior such as symbols, slogans, graffiti and other known indications of gang involvement. C. Gang Initiation — The engaging in unlawful activity for the purpose of being accepted as a member of a gang. D. Gang Member — A person who, by reason of admission or other competent evidence is shown to be a member of a gang. Such evidence may include evidence of tattoos, club rosters, attendance lists, distinct and recognizable clothing or other competent evidence. (Ord. 508 3, 1994) Section 4. Amending Chapter 9.12 Offenses against Property Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 9 of 12 9.12.010 The fnlln\ying dtefinitinnc shall apply to this Ghapter• A. 00Building" means any ctr6IGfi Ire .yehiGle railway Gar airgrafF or.n.atergra# , cert for g\yernlght Indtging of percnnc nr fnr Garrying nn of huciness the v7- 7:11i�TJ' . R�1/' T- � ,�1:T- SiST- 1.7:7T.i::T11- �T7T.- 11177- i:9 C. 1 Qpeatec or Gonfirmc another'c false imprecision ...high the aGtnr dtoec net believe to he 1 In relation to property, to bring abn61t a transfer nr p6 irpnrfedt transfer to the nhtainer nr another of a Iegally renngniZedt interest in the prnper#y nr 2. H. "WFengfully . 41.12.020 ww $2506.0-0 i-1� 1 \A/rnng f illy nbtainc nr GXG-AS 1 ina1 ithnriZedt Gnntrnl ever the prnperfy nr ceryinec of another nr the val ie thernf With intent to dtepriye him of 86IGh property nr ceryiner Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 10 of 12 7�7G6S M- 9- �f.T.�STS.12MMMMITT m:e .. M_: a WON NO W . . ............ . ..... .rTi7. St17::L'S�ttl- rre7- T.tT��SL�i�. - • ••. .10 VIVO = . .���1[�7rrT.S�ES�L7ST.r:�.T -T�. TS�17.�"..T -T. ESL 'T.STS7TiRfE7S�7.T- �ISS7T.SiT.1 Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 11 of 12 J737ST: 1CW- I Q. 1. :2.01.0 9.1:2. 1. 1. a Interfering with Utility Apparatus or Public Fountains Prohibited It is unlawful for any person to cut, alter, change, remove, disconnect or connect with, or in any manner interfere, meddle or tamper with any water main, pipe, stopcock on a meter, hydrant, pump or conduit, or any gas pipe, main or meter, or any electrical wire, cable or conduit owned or used by the city or by any private owner, without the permission or consent of the proper city officials, or of the private owners. It is unlawful to obstruct, divert, hinder, tamper with, pollute or interfere with any public spring or fountain within the city. (Ord. 213 3(L), 1977). r•ZVI•bl•TiZVZVl•' • • • • • • - ■ !r•T.......1C��•1i11i�{is�l Agenda Item 8e Ordinance No. 1020 - Additions to YMC Title 9 Page 12 of 12 It is unlawful to cut, mar, injure, deface, spoil, break or destroy any fence, sidewalk, house, building, tree, plant or other property, public or private, within the city whether real or personal property, by any means, including the attachment of any fl„odchandbillo posters, ad yai4isamon +c or newspapers thereto; or without municipal authority, to deface mutilate, tear down, rearrange, or destroy any signboard, street sign/pe , public notice, poster or post within the corporate limits of the city. It is unlawful for any person to post or attach any b4lS, fly@F- Shondlhillc posters, od ya-Fisticomon4c newspapers or other papers of a purely commercial advertising nature on any post, fence, tree, building or other structure, except upon billboards or other structures erected for that purpose. It is further unlawful to scatter any such commercial advertising upon the streets, alleys or other public places of the city, or to throw them in n„hli^ nd ndi „o +o Od000 +ho YaFds of the G#y, or to place them in or upon automobiles without the consent of the owner. (Ord. 213 3(I), 1977). Section S. Effective Date: This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. PASSED by the City Council of Yelm this 28th Day of March, 2017. JW Foster, Mayor Authenticated: Lori Mossman, City Clerk APPROVED AS TO FORM: Office of the City Attorney Brent Dille, City Attorney PUBLISHED: Nisqually Valley News, March 31, 2017 EFFECTIVE DATE: April 5, 2017 Agenda Item 13 - Correspondence Page 1 of 2 Press Release — Olympia Harbor Days For Immediate Release March 16, 2017 Contact: Carol Riley, Executive Director Phone: 360- 556 -0498 World's Largest Tugboat Races & Festival Receives Regional Advertising Awards Carol Riley, Executive Director of Olympia Harbor Days, an Olympia Kiwanis event, on March 14th accepted 2 Pacific Northwest Summit Awards for the 2016 Annual Olympia festival at this year's Washington Festival & Events Association Annual Conference, at Hotel RL, Olympia. Hundreds of festivals and community events were represented by over 85 festival producers, promoters, cities, and vendors. Olympia Harbor Days received the GOLD Award for the Best Printed Material. Riley partnered with Kendra Albrecht of Parachute Technology of Olympia, arachutech,com, a locally owned small business providing modern, professional graphic design and IT support services in the Thurston County area. Olympia Harbor Days also won the SLIVER Award for the Best Multi Media category, for social media such as Facebook, promotional videos, and radio advertising. Fletcher Ward, owner of Straight Light Studio, ±r strai xhtli -,htstudio,com a film and music company, produced promotional and sponsor videos. Riley thanks Mixx 96.1 KXXO for producing the radio ads. "We're pleased that we could contribute to the success of Harbor Days," said Mixx 96.1 sales manager Keri Murphy. "Carol's [Riley's] multi -media marketing approach is what we advise for all of our clients. Fortunately, in this case we had a visionary marketing partner." The 2017 Olympia Harbor Days festival is planned this year for September 1— 3, Labor Day weekend at the Olympia waterfront. Riley says "Olympia Kiwanis now claim the fame of not only hosting Washington's only tugboat races but also holding the World's Largest Vintage Tugboat Races!" Over 55,000 attended the 2016 festival. For more information about Olympia Harbor Days please contact Carol Riley at 360- 556 -0498 or visit www.HarborDays.com. The festival is still accepting sponsors and vendors. # ## Agenda Item 13 - Correspondence WHY NOT YOU? 11.....e rin Ihow to . II e to ruin f r f e Candidate Workshop Ballot Processing Center 2905 29th Ave. SW, Ste. E Tumwater, WA 98512 Thursday, April 6, 2017 5:30 p.m. ue II k .) ins? o ir I a .1. ..11 he I.h u ire II (..) ir (.A.j ir I y Au( i II (..)ir ° .le II i.) ins 60.) 786-5408