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12-08-04 MINUTES 1. 2. 3. 04 -102 4. 5. 6. a. b. 1) 2) c. 1) 2) d. e. 04 - 103 7. YELM CITY COUNCIL MEETING DRAFT MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 8, 2004 Call to Order. Mayor Rivas called the meeting to order at 7:30 p.m. Roll Call. Present: Don Miller, Joe Baker, Bob Isom, Ron Harding Excused: Pat Fetterly Agenda Approval MOTION BY BOB ISOM, SECONDED BY RON HARDING APPROVING THE AGENDA AS PRESENTED. CARRIED. Special Presentations - None Scheduled Public Comment James Zukowski, announced that after the beginning of the year City Council tapes will be played back on TCTV, channel 22 locally or 29 outside Thurston County, at 5 p.m. on Thursdays and Saturdays. Joy Adams, Mayor Rivas explained that the public could speak on any topic other than Walmart, and that at some point an opportunity would be made available for both proponents and opponents to speak. At this time the City has not received an application. Consent Agenda Council Minutes: Tuesday, November 23, 2004 Regular Meeting Payables: Checks 23985-24102 totaling $512,682.02 Manual Checks 23985-24016, totaling $1,520.00 Claims Checks 24017- 24102 totaling $511,162.02 Payroll: Final November 2004, Checks 8698-8792 totaling $193,942.92 Preliminary December 2004 Park Use Requests - None Financial Report: End of Month, November 2004 MOTION BY DON MILLER, SECONDED BY JOE BAKER APPROVING CONSENT AGENDA ITEMS AS PRESENTED. CARRIED. Public Hearing(s): 2005 City ofYelm Final Budget. Mayor Rivas opened the Public Hearing at 7:38 p.m. and called for the staff report. Shelly Badger reported that there have been no changes made since the last meeting. It was noted that a budget amendment would be necessary Yelm City Council Minutes ab/ city council/2004/12-08-04 Page 1 a. 04 - 104 8. a. 04 - 105 b. 04 -106 c. during the year for the fire contract. Being no additional questions or comments, Mayor Rivas closed the public hearing at 7:43 p.m. Ordinance No. 819, 2005 City ofYelm Budget MOTION BY BOB ISOM, SECONDED BY RON HARDING ADOPTING ORDINANCE 819 THE 2005 CITY OF YELM BUDGET. CARRIED New Business Ordinance No. 820, Business and Occupation Tax Model Ordinance, Administrative Provisions and General Provisions. Mayor Rivas called for a staff report. Staff responded that changes are mandated by the legislature requiring that the 'model' or 'core' ordinance be adopted by cities with a Business and Occupation Tax by the end of 2004. Material was provided for review at two Study Sessions earlier in the year. Yelm's existing B&O Tax Code is being repealed and replaced by this ordinance. Although a lot of text is being added to the Yelm Municipal Code, very little will be changing from the way it was implemented in the past. The code will provide an exemption for qualifying non-profits for other than business type activities. The repeal process also impacts Yelm's existing Utility Tax provisions and a new chapter is being added 3.42 to replace those provisions. MOTION BY RON HARDING, SECONDED BY BOB ISOM ADOPTING ORDINACE NO. 820 REPEALING AND REPLACING YELM MUNICIPAL CODE CHAPTERS 5.04 AND 5.08 WITH CHAPTERS 5.02 BUSINESS LICENSES GENERALLY, 5.04 ADMINISTRATIVE PROVISIONS, AND 5.06 BUSINESS AND OCCUPATION TAX 'MODEL' ORDINANCE. CARRIED. Ordinance No. 822, Utility Tax Ordinance creating Yelm Municipal Code Chapter 3.42 to address Utility Taxes that were formerly located in Chapter 5.04. MOTION BY RON HARDING, SECONDED BY JOE BAKER ADOPTING ORDINACE NO. 821 ENACTING A NEW CHAPTER, 3.42, UTILITY TAXES TO REPLACE UTILITY TAX REFERENCES IN YMC 5.04.040, SUBSECTION A. CARRIED. Annexation Petition Request from Denny Balascio. Mayor Rivas called for a staff report. Grant Beck explained that Council could 1) refuse the request; 2) approve the request as submitted; or 3) approve with modifications. The submitted request is for a ten acre parcel (Suburban Realty) that includes 32 purchased sewer connections, and a 12.53 acre (Tyler) parcel directly to the north. Staff recommended that the Tyler parcel be eliminated as it is not part of the LID and that Sunnyland Estates immediately south and already served by City water be included Yelm City Council Minutes ab/city council/2004/12-08-04 Page 2 04 - 107 d. 04 - 108 9. a. 04 - 109 instead. This would provide more logical boundaries. The petition can be based upon 60% of the property valuation or 50% of the gross land area plus 50% of registered voters. If the petition is successful, it would be reviewed by the Thurston County Boundary Review Board and then come back to council in the form of an Annexation Ordinance. MOTION BY BOB ISOM, SECONDED BY DON MILLER APPROVING A REQUEST TO CIRCULATE A PETITION FOR ANNEXATION FOR THE PROPOSED ANNEXATION AREA EXCLUDING THE 12.53 ACREA TYLER PARCEL AND INCLUDING THE PROPERTIES IN THE SUNNYLAND ESTATES SUBDIVISION UTILIZING EITHER THE PETITION METHOD OR THE ALTERNATE PETITION METHOD OF ANNEXATION AND REQUIRING THAT THE PROPERTIES WITHIN THE ANNEXATION AREA ASSUME THEIR SHARE OF EXISTING CITY INDEBTEDNESS AND IDENTIFYING THE COMPREHENSIVE PLAN DESIGNATION FOR THE ANNEXED PARCELS AS MODERATE DENSITY RESIDENTIAL (R-6). CARRIED. ABSTAINED: RON HARDING Ordinance No 822,2004 End of Year Budget Amendments. Mayor Rivas called for the staff report. Staff responded that this is an annual housekeeping item intended to increase appropriations to match actual revenue/expenditures. The 2004 budget appropriation changes increase the Retro program costs, reduce the OMB appropriation, cover a shortfall in Fund 203's Beginning Net Cash estimate, and increase Fund 308 appropriations as the result of the City receiving TIB funding. MOTION BY RON HARDING, SECONDED BY DON MILLER ADOPTING ORDINACE 822 AMENDING THE 2004 BUDGET AS ADOPTED IN ORDINANCE 794, BY INCREASING APPROPRIATIONS BY $194,873. CARRIED. Old Business 2005 City of Y elmlY elm Fire District Fire and Emergency Medical Protection Agreement. Mayor Rivas called for a staff report. Shelly Badger responded that negotiations between the City and Fire District resulted in one year agreement for 2005 that establishes accountability for response times, responsibility for commercial fire inspections, and ongoing activity reporting. The 2005 contract amount of $325,500 is a $50,000 increase over the final 2004 appropriation, as adjusted during the year by a $24,787 increase. MOTION BY RON HARDING, SECONDED BYDON MILLER AUTHORIZING MAYOR RIVAS TO SIGN THE CALENDAR YEAR 2005 FIRE AND EMERGENCY MEDICAL PROTECTION Yelm City Council Minutes ab/city council/2004/12-08-04 Page 3 b. 04 -110 c. 04 - 111 d. 14 -112 10. a. AGREEMENT IN THE AMOUNT OF $325,500. CARRIED. Ordinance No. 823 Transferring Funds from Fund 401 to 431. Mayor Rivas called for a staff report. Stephanie Ray responded that at the October 13, 2004 Council Meeting staff updated the funding status of reclaimed water improvement projects. At that time Council directed staff to prepare an ordinance transferring $136,000 from the Water Fund to the Water Construction Fund to cover cost increases. MOTION BY RON HARDING, SECONDED BY DON MILLER ADOPTING ORDINANCE 823 TRANSFERRING $136,000 FROM FUND 401 (WATER) TO FUND 431 (WATER CONSTRUCTION). CARRIED. 2005 Service Provider Agreement, City of Yelm and Yelm Area Chamber of Commerce. Mayor Rivas called for a staff report. Shelly Badger reported that during the budget process, Council approved continued funding in the amount of $6,000 for services to include researching and preparing tourist-related materials, producing the 2005 map, and organizing, sponsoring, administering and advertising community events that draw attendees from outside the Yelm area. MOTION BY RON HARDING, SECONDED BY DON MILLER AUTHORIZING MAYOR RIVAS TO SIGN THE CALENDAR YEAR 2005 SERVICE PROVIDER AGREEMENT BETWEEN THE CITY OF YELM AND THE YELM AREA CHAMBER OF COMMERCE IN THE AMOUNT OF $6,000. CARRIED. 2005 Service Provider Agreement, City of Y elmlY elm Community Schools, Nisqually River Education Project. Mayor Rivas called for a staff report. Shelly Badger responded that during the budget process Council approved continued funding in the amount of $1,250 for services including transportation for the annual Winter Water Quality Monitoring activities, water quality test kits and chemical reagent supplies, transportation for Yelm students to the 2005 Water Quality Congress, and conference facility rental fees. The contract would run from January thru May of2005. MOTION BY JOE BAKER, SECONDED BY DON MILLER AUTHORIZING MAYOR RIVAS TO SIGN AN INTERGOVERNMENTAL SERVICES CONTRACT IN THE AMOUNT OF $1,250.00 WITH YELM COMMUNITY SCHOOLS- NISQUALL Y RIVER EDUCATION PROJECT. CARRIED. Mayor and Council Reports and Initiatives and Board/Commission Business Ronni Nutter and Char Miller have been reappointed to terms on the Historic Preservation Commission. Yelm City Council Minutes ab/ city council/2004/12-08-04 Page 4 b. The December 220d Council Meeting will be cancelled. Mayor Rivas expressed his appreciation to staff for preparation of presentations. It was noted that City offices would be closed on Friday, December 24 and Friday December 31. Council Reports Councilmember Harding requested that the Council retreat be postponed if two members were unable to attend. Councilmember Isom attended a TRPC meeting where a Role Evaluation Committee was proposed. Councilmember Baker reported that the SW AC meeting had been cancelled and that he would attend the Senior Center meeting on Friday. Councilmember Miller attended the Fire District meeting where discussion concerned the budget. 11. Executive Session - None Scheduled 12. Correspondence reviewed included information about a Comcast rate Increase. 13. Adjourn: 8:36 p.m. ,,:/ Attest: Yelm City Council Minutes ab/ city council/2004/12-08-04 Page 5