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09-25-12 MinutesYELM CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 25, 2012 MINUTES 1. Mayor Harding called the meeting to order at 6:00 p.m. 2. Roll Call. Present: J.W. Foster, Joe Baker, Bob Isom, Mike McGowan, Tracey Wood, Ken Garmann and Russ Hendrickson. 3. Agenda Approval 12-62 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations - none scheduled 5. Public Comment - no comment 6. Consent Agenda Minutes - Regular Meeting August 28 & September 11, 2012, Study Session August 29, 2012 Payables - Checks #58855 - #58936 Totaling $1,260,095.53. 12-63 MOTION BY BOB ISOM APPROVING THE CONSENT AGENDA AS PRESENTED. MIKE MCGOWAN ABSTAINED. CARRIED. 7. Public Hearing - Proposition 1 Mayor Harding opened the Public Hearings at 6:06 and stated each side would have 15 minutes to speak and then there would be an opportunity for Councilmembers to ask questions. Thurston Public Power Initiative John Pearce, Thurston Public Power Initiative Chair explained that Proposition 1 would allow Thurston County to join the 55% of Washington State that already receive Public Power. Mr. Pearce also explained the structure formation of the Public Utility District (PUD) and some of the anticipated benefits. Currently the residents of Thurston County receive electric service primarily from Puget Sound Energy (PSE) a for profit corporation owned by foreign corporations outside of the USA. If a PUD is formed, it is estimated that the District could provide electric service at rates that are initially at or slightly lower than PSE's rates. Mr. Pearce stated that forming a PUD would provide not only lower rates and conservation programs but also better service and cleaner energy. Alliance to Protect Thurston Power Diane Oberquell, Thurston County resident has some concerns with Proposition 1. There is no specific plan, no specific costs related to providing this service, no second chance if it does not make sense, and no real experience providing electrical services. The citizens of Thurston are being asked to give Thurston PUD a blank check. She urge citizens to please vote no on Proposition 1. Ken Johnson, PSE employee spoke about the financial and technical issues associated with the PUD. Mr. Johnson stated that the proposed PUD provides a weak plan, inadequate design, used incorrect PSE rates modeling, inadequate construction budget, wholesale cost assumptions and impractical customer acquisition assumption. Forming a PUD in Thurston County is full of legal, technical and financial risk for the proposed customers of the Thurston County PUD. Page 1 of 4 Jim Lazar, Thurston County PUD Commissioner, spoke in favor of Proposition 1 stating the PUD is not for profit and would provide cheaper, cleaner power and lower interest rates on proposed infrastructure and debt service. In 2000, the Bonneville Power Administration (BPA) stated it would supply up to 250 average megawatts at its lowest cost to new public utilities for the term of its next power sales contracts (2012 to 2028). This would mean cheaper costs to the Thurston PUD customers. Linda Ousterman, running for Thurston PUD District 1 stated she would not be voting on Proposition 1. She is very familiar with PUD's but there simply are not enough facts and reliable numbers from the PUD for her to vote yes. She does not feel that the Thurston County citizens would be best served giving three PUD Commissioners a blank check. Diane Frank, Thurston County resident spoke in favor of Proposition 1. Ms. Frank stated she is against coal-powered electricity. It is dirty, dangerous and increasingly expensive fuel. She would like to see more wind and solar powered electricity available. The League of Women Voters, Thurston County Progressive Network, and the Olympia are sponsoring a Community Forum on Proposition 1, Thursday, September 27 at 7 pm at the Washington Center for the Performing Arts in Olympia. Sandia Slaby supports Proposition 1 stating forming a PUD would give the citizens an opportunity to be more involved in community decisions. Casey Cochrane, PSE Government Relations Manager addressed some of the items brought up by the proposed PUD stating that PSE currently has a 3 to 5 year trimming rotation for vegetation surrounding infrastructure. PSE currently have a number of conservation programs including rebates on Solar Panels and appliances. Mayor Harding closed the Public Hearings at 7:52 and asked for council question or comments. COUNCIL CONCENSUS WAS THAT MORE INFORMATION WAS NEEDED ON PROPOSITION 1 AND THEY COULD NOT SUPPORT IT AT THIS TIME. Mayor Harding stated Proposition 1 was placed on the Agenda and brought before council to bring awareness to the citizens. 8. New Business — a. Ordinance No. 958, Floodplain Code Update Gary Carlson explained that for a community to participate in the National Flood Insurance Program (NFIP) it must adopt and enforce flood plain management regulations that meet or exceed the minimum NFIP standards and requirements. The City of Yelm adopted floodplain regulations in 1990 and last updated those rules to remain eligible for the NFIP in 1999. The Federal Emergency Management Agency (FEMA) has recently announced updated standards for communities who wish to remain eligible for the NFIP. FEMA and the Washington Department of Ecology have reviewed the City's existing regulations and made suggestions for updates that maintain consistency with the Federal regulations. Page 2 of 4 Ordinance No. 958 contain the changes suggested by the State and Federal floodplain managers and would amend Yelm's Flood Damage Prevention Code to comply with the most recent regulations. 12-64 MOTION BY BOB ISOM TO ADOPT ORDINANCE NO. 958, AMENDING AND REVISING THE FLOOD DAMAGE PREVENTION CODE, CHAPTER 15.32 YELM MUNICIPAL CODE, TO CONFORM TO THE MOST RECENT REQUIREMENTS OF CHAPTER 44 OF THE CODE OF FEDERAL REGULATIONS (NATIONAL FLOOD INSURANCE PROGRAM). CARRIED. 10 MINUTE RECESS b. Ordinance No. 959, Budget Amendment ist Street Paving Project Stephanie Ray stated the First Street/Rhoton Road Overlay project is funded in large part by the Transportation Improvement Board in the amount of $207,737. Local matching funds of $34,922 bring the total cost of the project to $242,569. The overlay project is a grant reimbursement project, meaning the City has to expend the funds prior to receiving reimbursement from TIB. Fund 102 is funded for the local contribution but lacks the operating cash to pay for the large construction expenditures while waiting for reimbursement for TIB. The overlay project is now complete and the City needs to pay Puget Paving. Fund 102 needs an infusion of operating cash in order to fully pay Puget Paving while waiting for the TIB reimbursement. Staff would like to temporarily transfer funds from 316 Roads/Streets to provide full payment for construction services. Once grant funds are received from TIB and deposited in to Fund 102 for the overlay project, funds can be transferred back into Fund 316 Capital Reserve. 12-65 MOTION BY BOB ISOM TO ADOPT ORDINANCE NO. 959 AMENDING THE 2012 BUDGET BY ADOPTING BUDGET APPROPRIATIONS FOR THE 1sT STREET/RHOTON ROAD OVERLAY IMPROVEMENT WITHIN FUND 102, ARTERIAL STREETS AND AUTHORING A TRANSFER OUT OF FUND 316 CAPITAL RESERVES AND DECLARING AN EFFECTIVE DATE. CARRIED. 9. Old Business — a. Resolution No. 534 Amending the 2012 Six Year Transportation Improvement Program Grant Beck explained that the Council adopted the following motion at the July 10, 2012 meeting: Adopt Resolution No. 532 establishing the 2012 to 2018 Six -Year Transportation Improvement Program for the City of Yelm as presented and for the Mayor and staff to bring forward an amendment of the current STIP by replacing the Y5A project with another project. Council may choose to take no action on this item, which would leave in place the Six Year Transportation Improvement Program (STIP) that the Council previously adopted with Resolution No. 532, which includes the Y5A project. The Council may also choose to adopt Resolution No. 534, amending the adopted 2012 STIP by removing the Y5A project and lowering the transportation facilities charge (TFC) from $1,321 to $1,242 per new peak PM trip. The adopted resolution approved the 2012 STIP and included the reconstruction and realignment of the Burnett Road/93rd Avenue and Yelm Avenue (SR 510) intersection (the Y5A project). All projects listed in the Transportation Plan were looked at to replace the removal of the Y5A project. Each project was compared against Y5A as to how the potential replacement project would provide the benefits of the Y5A project. Some projects could not be recommended as replacements because they were safety related and TFC charges can only be collected for projects that increase traffic capacity. The analysis Page 3 of 4 concluded that there were no suitable replacements for the 5YA that would provide the same benefits as the Y5A project and keep the transportation facilities charge at its current amount. If the Council adopts an amendment to the STIP and removes the Y5A project, it is possible that commercial developments within the western commercial core may be delayed or denied due to level of service failures along Yelm Avenue. COUNCIL CONCENSUS WAS TO TAKE NO ACTION, WHICH WOULD HAVE THE EFFECT OF LEAVING IN PLACE THE SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM (STIP) THAT THE COUNCIL PREVIOUSLY ADOPTED ON JULY 10, 2012, VIA RESOLUTION NO. 532. Steve Klein, Thurston County resident stated he believes that the council's decision to keep the 5YA on the STIP was decided before the actual meeting and he quoted RCW 42.30.060. 10. Mayor and Council Initiatives Councilmember Baker attended the Intercity Transit Board meeting and the Yelm Adult Community Center meeting. Councilmember Isom could not attend the Sustainable Thurston meeting but asked Grant Beck to report on the meeting. Grant Beck stated the steering committee began discussions of the potential policies and measures that could be incorporated in the Regional Sustainability Plan that could be taken to each of the jurisdictions for consideration as part of their planning process. Councilmember Hendrickson attended the Dedication of the Thurston County Emergency Coordination Center last week. Mayor Harding had nothing to report. 11. EXECUTIVE SESSION - none scheduled 12. Correspondence included - Olympia- Lacey -Tu mwater Visitor & Convention Bureau Newsletter Thurston County Public Health Department, Free Back -to -School Immunization Clinics & Whooping Cough Vaccination information. City of Yelm Water System Plan Budget Report Comcast, Basic Channels Migrating to Digital Format dated August 16, 2012 Councilmember Isom announced he would not be attending the Study Session tomorrow. 13. Adjourn 8:40 pm. �^ N 3 , Attest:-G�- Lori Mossman, Deputy City Clerk Page 4 of 4