11/10/1999 Minutes
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. CITY OF YELM
CITY COUNCIL MINUTES
NOVEMBER 10, 1999, 7:30 P.M.
YELM CITY HALL CO.uNCIL CHAMBERS.
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~ayorWolf called the meeting to order at 7:30 p.m. All present joined in the flag salute
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Council present: Don Miller, Martha Parsons, Velma Curry, Glen CUlll1ingham and Adam
Rivas .
Guests: John Thompson; Tom Skillings and Brian Matthews, Skillings COlillOlly; Red Lasher;
. John Stiebers; Glen Blando; Kristin Blalack, Yelm Librarian, and Ken Bragg,. Timberland
. Regional Library Board.
Staff: Shelly Badger; Ken Garmann, Brian Asmus and Agnes Bennick
CO~Sellt Agenda Items:
'. a. Agenda
b. Minutes:' October 27, 1999
c. Vouchers: #11765-11824, Totaling $272,674.33
. d. . Payroll: . Final October 1999, Totaling $11,881.47
MOTION BY MARTHA PARSONS, SECONDED BY ADAMRIV AS ApPROVING
CONSENT AGENI)A ITEMS. CARRIED.
99-185
3.
Public Comment/Questions. None
4.
Public Hearing - Latecomers Agreement - Prairie Lumber, Yelm Telephone Co. and Country
Storage. Mayor Wolf opened the public hearing at 7:32 p.m. arinouncing the date, time, place,
and purpose of the public hearing. No objections to participants were voiced. .
Ken Garmann gave an overview of the staff report explaining the ~ork on the waterline had
b~en comple~ed to city standards. The duration ofthe agreement is for 15 years and the city
will act as collection agent. The maximum term for calculation of interest at 6.5% is ten years.
. Th~ City will collect reimbursement from those tapping into or using the facility. The three
:'phases of Exhibit B provides the amount due from each property owner if that property owner
elects to conriect to the system during the agreement's terin. A map showing the agreement
boundary was also provided.
Mayor Wolf called for public comment. .
: Warren "Red" Lasher - stated that he had an understanding with the city about the water/sewer
lines. He has. that agreement prepared by an attorney, and would like to set up a meeting to go
through the documents. Lasher didn'tseehowhe (prpperty) is involved in this latecomer's
agreement at all. His agt:eement with the city was for the Morris Rd. extension and was prior
to ally of this. Also concerning Morris Rd, heis not entirely happy about the whole process as '
'it's cost him money and property for something the City needed and had to give land to the
state so the:school buses could get out on the highway. Lasher also issued a complaint against
Puget Sound Energy for leaving a mess on his property and removing and not replacing survey
stakes. He has had to payout of his pocket to have. cleanup performed after projects have been '
done. One of the stakes was removed when they placed a power pole.
Lasher believes that his prior latecomer's agreement with the City eliminates him from
. participation in the latecomer's agreement being presented tonight. He doesn't want to hire an
attorney to protect his rights.
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Mayor Wolf asked staff to clarifY the list. Garmann responded that the city attorney had'
advised that properties should be assessed for the increase in fIre flow,. intheeveilt the
property develops in the future. He reviewed some of the property owners listed in the three
phases.
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John Stiebers -.:-,stated that he had the highest fee of anyone, but had not been contacted by
anybody and asked if someone could fIll him in. Garmann responded that all the properties
. that front on the waterline are assessed potential fees and that those that participated in
installing the waterline are entitled to collect latecomer's agreements if those properties along
'the line develop or connect to the water line. Stieber's assessment is high because.he has a
'large parcel and a long frontage on the waterrnain. The fee basis is that if a property owner
wants to cOlmect city wat'er, we have to go back to the pOint of connection on East Yelm Ave
in this case. This would make it prohibitive for an individual person to extend a waterlirte for
that distance~ Mayor Wolf asked what ifhe doesn't connect? Gannann responded that if a.
- property: owner doesn't connect within the fIfteen-year period, he pays nothing towards the
agreement.
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.Warren Lasher- asked what happens with the interest if a property owner hooks into the line
in'ten years? Does the interest start the day he hooks ,up? Garmann responded that the i~terest.
is based on an annual interest and calculated once per year. If the agreement is approved. .
tonight, the interest would start accruing tomorrow. Gannann explained that the people that
installed the line are entitled to a return on their investment, th~ same way a bank is if they
lend money. However, the interest rate is applied only for the first ten-years of the fifteen-year
agreement term.
Additional comments/questions. Discussion concerned: the latecomer's agreement ends after .
fifteen years, the 6~5% interest Tate, and costs of extending the line. Badger added that the
developer knows that potentially, he may not recover costs his from some of the properties.
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Mayor Wolf asked staff about the agreement with MI. Lasher. Garmann responded that the
city's agreement with Mr. Lasher, executed in May of 1997, indicates that any and all costs to
-connect to the City water system IS the responsibility ofthe property owner. Lasher said that
they didn't discuss latecomer's fees, and that it wasn't put in the letter. Lasher felt that this
might not be the proper time to discuss his issue. Mr. Lasher's concerns will be looked into
with the possibility that the agreement may need to be amended at some time in the future.
Council questions: Discussion concerned Puget Sound Energy's responsibility.
99-186
Beingno additional comment or questions Mayor Wolf closed the public hearing at 7 :51 p.m.
MOTION BY ADAM RIVAS, SECONDED BY VELMA CURRY APPROVING THE
PRAIRJE LUMBER, YELM.TELEPHONE COMPANY AND COUNTRY LATECOMERS.
AGREEMENT. CARRIED.
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Public Hearing - 2000 J3..evenue Sources. Mayor Wolf opened the public hearing at 8:55 p.m.
announcing the date, t\me, place, and purpose of the public hearing. No objections to
participants were voiced. Agnes Bennick explained that this is an annual process" to determine
an~ set the property tax levy for the following year. Three 90cuments are required as part of
the process. An ordinance setting the total dollar amount to be collected, a property tax
"Certificat!on" required by the assessor and stating the full amount to be collected, and a
resolution setting out the dollar and percentage increase al!lounts as required by Referendum
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Being no cQmment or questions, Mayor Wolf closed the meeting at 8:57 p.m.
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99-187
Ordinance 677 ~'Ad Valorem Tax' Collection "
,MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY ADOPTING
ORDINANCE NO~ 677 AD VALOREM TAXES FOR 2000. CARRIED.
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99-188
Property'Tax Certification
, MOTION BYADAMRIV AS, SECONDED BY VELMA eURRY APPROVING THE'
,PROPERTY TAX CERTIFICATION TO BE FORWARDED TO THE THURSTON
COUNTY ASSESSOR. CARRIED.
c. Resolution 389 - Property Tax Rates.
99-189 MOTION BY DON MILLER, SECONDED BY MARTHA PARSONS APPROVING
RESOLUTION 389 SETTING YEAR 2000 PROPERTY TAX INCREASE DOLLAR AND
PERCENTAGE AMOUNTS. CARRIED~
6. New Business:
a. Ordinance No. 675 - Adoption of the 1997 Building, Fire, Mechanical and Plumbing Codes.
Shelly Badger explained that this was a housekeeping item to update the versions of the codes'
usect by the City.
',99-190' MOTION BY ADAM RIVAS, SECONDED BY VELMA CURRY ADOPTING
ORDINANCE NO 675 AND THE 1997 BUILIDNG, FIRE, MECHANICAL AND
PLUMBING CODES. CARRIED.
b. Sludge Removal Contract Recommendation. Tom Skillings, Skillings Connolly, Inc.
explained that sludge from the lagoon had been tested aild found the copper content to be too
:, high for disposal at LOTT. Attempts to dilute the concentration by blending with new
materials cannot be completed quickly enough to reduce the content to acceptable levels and
~ti1l accommodate normal use of the lagoon~ City staff and engineers searched the treatment
plant upgrade and reuse budgets for possible funds to cover the added removal costs.
Although the projects did not exceed their budget, there is no money rem'aining to cover the'
costs.
Brian Matthews, Project Engineer, Skillings Connolly, Inc., recomrilended awarding
dewatering, electrical work and trucking contracts to remove the copper biosolids: and dispose
of the sludge. The volume for'disposal is approximately 210,000 gallons. Current influent has
been tested and does not have a metals content problem.
Coniractswould he issued for a dewatering process, estimated at $47,545; electrical work to
connect the dewatering unit, estimated at $3,800; and costs for trucking the dewatered sludge
to Corvallis, Oregon, estimated at $49,739.76.
Shelly Badger explained that letter and telephone bids were gathered by contacting several
service providers. As this is an emergency situation covered under RCW 39.04.280,
'competitive bidding requirements are waived. Staff will seek special funding to assist with the
emergency costs.
99-191 . MOTION BY MARTHA PARSONS, SECONDED BY VELMA CURRY AWARDING
CONTRACTS (WITHOUT TAX INCLUDED) TO TRIMAX, $47,545 FOR DEWATERING;
$3,800 TO TOTEM ELECTIRC, FOR ELECTRICAL CONNECTIONS; AND $49,739.76
TO SUMAS TRANSPORT FOR TRURKING AND DISPOSAL OF SLUDGE TO
OREGON; AND WAIVING COMPETITIVE BIDDING REQUIREMENTS AS PER RCW '
, , 39.04.280 SECTIONS I(E), 2(B) AND 3(A) FOR EMERGENCY SITUATIONS. CARRIED.
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c. Yelm Hi'storic Site Addition - Agnes Bennick reported that the Historic Prese~ation
Commission held a public hearing at their November 3, meeting. Finding that the Carlson
Scout Cabin meets the requirements of Ordinance 333, the Commission recommended City
Council action adding the building to Yelm' s Register of Historic Sites. Bennick' also pointed
out covenlge provided in the Olympian.
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99-192
MOTION BY VELMA CURRY; SECONDED BY ADAM RIVAS APPROVING THE
ADDITION OF THE CARLSON SCOUT CABIN TO THE YELM REGISTER OF
HISTORIC PLACES. CARRIED.
d.
99-193
Girl Scout Cookie Sales.
MOTION BY ADAM RIVAS, SECONDED BY GLEN CUNNINGHAM APPROVING A
. REQUEST TO HOLD GIRL SCOUT COOKIE SALES, PROVIDED THE GIRLS ARE
SUPERVISED AND INSURED. CARRIED.
7. Old Business:. _
a Utility Comparison - Landlord/Tenants. Agnes Bennick gave an overview of the report listing
some of the cities that use the lien authority granted under RCW 35.21.290. Every city in
. Thurston Co. uses the lien authority. Research also turned up some interesting billing and
. enforcement variations used in landlord/tenant situations, and provided a companson o{
services/costs for other cities in Thur~ton County. Comparisons included thenumber of
connections, deposit requirements, set-up fees, number of new accounts per month and costs
for establishing accounts- Yelm has twice as many new accounts as the other cities.
Delinquencies, procedures, number of days until shut-off, water rate structUres and
uncollectable write off amounts were compared. Advantages of requiring that accounts be
kept in the owner's name with billing going to the owner were also presented.
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Staff added that the report was intended to provide infoffilation and that no action was being
requested at this time.
A gentleman in the audience spoke concerning a recent situation where his waterwas shutoff.
He was unhappy because he had not been called as per city practice, and that staff would not
waive the reconnect fee. Bennick explained that once the shut-off process has been completed
and staff sent to turn off the water, a reconnection fee is charged to recover costs to the city.
The gentleman indicated that he had not received a delinquency notice and that had. he been
aware the bill was delinquent, he would have paid it. Staff explained that the City considers
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utility bills/delinquency notices delivered when they are delivered to the post offlce. However,
if a utility bill or delinquency notice is returned to tlie City in one week, or six weeks, or a year
later, an adjustment will be made to the account. He again questioned why he was not called.
Councilmember Rivas responded that staff may have missed the number and pointed out that
the phone calls are an extra step, not performed by 'other cities, and offered his apology that the.
call was not made. Rivas added that wh~ council direCts staff in an ordinance; motion or
other procedure,. I don't want staff at the front counter making a judgement ,call. Staff is
required to do what council directs and the guidelines we provide allow operations without
having every special circumstance or situation brought back to council. However, we also
don't want to come across as not being customer service oriented and he (Rivas) believes that
we,do an outstanding job for 99 percent of our encounters. .
The gt,ntleman then questioned the way sewer bills are charged and asked if there is a way that
sewer costs could be based on water consumption. Ken Garmannexplained that sewer
consumption is based upon a consumption of 240 gallons per household per day. Commercial
properties are charged by the number of gallons treated. The gentleman added that at his
parent's home in Rhode 'Island with 4 family members and 5 tenants and the annual sewer bill
'. was only $112. Councilmember Miller pointed out .that we have a new sewer system that we
are paying for. Councilmember Rivas provided the gentleman with a copy of the utility report,
explaining that the local and LOTT fee need to be combined to get the total cost. Badger
added that in this area it is co~nmon to charge a household flat sewer fee. This is also true for
comniercial-until they reach a household rate and then they start paying more. Rivas added
thatthe costs p~id reflect the costs of anloitizing the facility and that Council votes' on final
cost, but staff prepares the reports. Councihnember Cunnirigham added that all
councilnieri1bers live in the city and also pay the sewer fees.
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Councilmember Miller felt that based upon the information provided in the report, we should
take a look at. making some changes after the first of the year. Mayor Wolf thanked
Councilmember Miller for volunteering to work on the committee to study water policies and
, 'Tates and asked that 'Council hold onto the'material fot future consideration.
, UCBO Loan'Request -'Shelly Badger reported that the attorney had detennined that
authorization was required, and recommended that the City not approve the loan. Badger
would like to continue working on this and report back to council. Badger wouldlike to know
how other communities do this; some'have partnered in projects~ Consensus was that Shelly
, could continue to pursue the matter and report back to COllilCil.
Reports:
Library , '
Timberland Regional Library Response to Yelm' s letter. Mayor Wolf reported that a
response had beeil received but that Timberland had not granted much satisfaction. Ken Bragg
asked to speak. Mayor Wolf asked if his appointment had been approved yet. Bragg .
responded t~at he can now speak as a member of the Timberland Regional Library Board.
Bragg stated that the letter does not represent the unanimous views of the Timberland Board.
The 41sinuation that Yelm pays less in taxes collected by Timberland,than the costs of
providing library service costs is wrong. When the letter was signed by'the TRLB president an
issue was made about the fact that Yelm pays $73,000 (property) taxes for library services and
yet the Yelm Library spends a lot more than that. The comment was made that Yelm' s getting
a pretty good deal. Bragg expects to be successful in pursuing this matter. Bragg also pointed
, out an addition error in the letter, the subtotal ~or Yelm expenses i~ actually $254,186 not the
, $337,384 shown. '
Yelm's letter to TRLB made it clear that the City is providing more than enough space for "
your own .residents. At the usual 6/10th of a square ft. per person, Yelm only needs 1620 feet,
yet actually provides 2000 square feet. Bragg explained that because of Timberland's system,
Timberland is unable to specify what a city's spac~ needs responsibilities actually are. And
that even if timberland only borrows for six years, they could still take care of the highest
priorities they have identified ~s most in need. Of the five counties, Yelm is the highest
priority and Olympia is number two., Both of those projects could be built by borrowing
within the existing six year limit, and spending only half of their $3 million that they have
consistently received each year for timber revenues. They would not have to tap into the
property taxes to do this. '
Bragg urged a response pointing out the essence of why Timberland is wrong in trying to
, connect taxes collected for this city with the total amount of services provided f9r everyone
using the library.
. Councilmember Rivas asked Kristin Blalack for the total number of cardholders for this
library. Bennick pointed out that a figure of 9,000 was u,sed by Kristin when completing the
F ann Home Report. . Blalack responded that the number fluctuates, but is closer to 8,000. ,
, Bragg added that Timberland is aware of the population served, because theY are
recommending a 15,000 sq. ft. library forYelm. MayorWolf1hanked Mr. Bragg.
Councilmember Miller pointed out that the librarian's report indicated that participants came
trom Tumwater, Olympia and Lacey for a presentation at the Yelm Library. Rivas added that
we don't have 8,000 people in the City and asked what dollar amount Timberland places per
cardholder. ,Bragg added that the figures represent a population base of 12-14,000. Bragg
emphasized'that that Timberland needs to apply consistent policies, either build everywhere or
don't build libraries.
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Co~dl consensus was that a response to Timberland's letter should be sent, althougp it may
llot be possible to do so tUltil after the first of the year. <
Mayor Wolf pointed out that a few years ago the Friends of the Library recommended that
Yelmno longer contract with Timberland and close the library so Timberland would be forced <
to build a library in the rural area. Council wanted to work with<Timberland rather than cutting
off library services to the community. Bragg added<that Thurston County provides 50% of the
<< ' furiding for the Library District, and he doesn't advocate that Thurston Courtty abdicate and
form their own library system, but that if buildings and internet issues aren't addressed, there
are people who will support that action.
< Blalack pointed out that Yelm has advantages by being part of the system including the fast
computers, computer technical support and the number of items available in the system. <
Mayor Wolf responded that no one disagrees, and that while the service is good, Timberland is
expecting the City to provide for the outlying area, < and that we don't have the capability to
take care of the cardholders out~~de the City.
2)
Kristin Blalack - reported that October's average door count was 250 people. The Friends of
the Library are planning an Inquiring Mind~ program on December 1.
b.
Mayors Report - Meetings/events: Jail Service Meeting, Railroad meeting, Chamber of
Commerce, ATT Chrisimas'taping and budget meetings. Mayor Wolf thanked
Councilmember Parsons for attending the Mayors' Forum. A letter was received from
Olympic Pipeline and staff was requested to reschedule their visit until after the first of the
year. Garmann will follow up.
Y - 2N - 3 Citizen Correspondence - Mayor Wolf pointed out that a letter had been included in
< packets.
Council Report - Councilmember Parsons attended the Mayors Forum. Councilmember
Cunningham reported that YPD had a special request.
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Brian Asmus requested that the $5,000 in revenue from forfeited property be used to purchase
computers.. Council requested that this be brought up at the next budget work session.
d. Financial Report: October 1999 ~ Councilmember Curry ,reported that she had seen the report
and that everything was in order. There were no questions.
<9.
Mayor Wolf closed the meeting and Council went to Executive Session at 9:43 p.m. for
approximately 20 minutes to discuss collective bargaining issues. Mayor Wolf reopened the
< regular session at 10:05 p.m. <
< 10. Correspondence was reviewed.
, 11. Adjourn 10:10 p.m.
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Kf~~~rtJ4
Attest:
A<4Y;0~~L
('esP. Bennick, City Clerk
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