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02 10 2015 Agenda PacketAGENDA YELM CITY COUNCIL MEETING TUESDAY, FEBRUARY 10, 2015,6:00 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- none scheduled 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 January 27, 2015 & Study Session January 28, 2015 b. Payables Checks # 7. Public Hearing- none scheduled 8. New Business a. Ordinance No. 994, 2014 Year End Budget Amendment ACTION 10 Presenter: Teresa Mattson min Attachments: Staff Report, Ordinance No. 994 b. Ordinance No. 996, Yelm Municipal Code (YMC) Amendment ACTION 5 Presenter: Tami Merriman min Attachments: Staff Report, Ordinance No. 996 9. Old Business — none scheduled 10. Council and Mayor Councilmember Foster represents Yelm on the following committees. • Thurston County Solid Waste • Nisqually River Council Advisory Committee (SWAC) • Yelm Finance Committee Councilmember Baker represents Yelm on the following committees. • Intercity Transit Board • Yelm Adult Community Center Councilmember Isom represents Yelm on the following committees. • Thurston Regional Planning Yelm Economic Development Council Committee (TRPC) • Yelm Finance Committee Councilmember Littlefield represents Yelm on the following committees. • Thurston County HOME Yelm Finance Committee Consortium Councilmember Wood represents Yelm on the following committees. • (TRPC) Transportation Policy • Yelm Transportation Committee Board • TComm 911 Admin Board Councilmember Garmann represents Yelm on the following committees. • Yelm Transportation Committee Thurston County Law and Justice Councilmember Hendrickson represents Yelm on the following committees. • Medic One Yelm Emergency Operations Board Mayor Harding represents Yelm on the following committees. • Thurston County Economic • Yelm Finance Committee Development Council • Yelm Emergency Operations Board • Yelm Transportation Committee • Thurston County Mayor's Forum • Yelm Economic Development • (TRPC) Transportation Policy Committee Board 11. Executive Session- none scheduled 12. Correspondence (Correspondence is available upon request) Yelm Area Chamber of Commerce, February 2015 Senator Becker's Capitol Bulletin, January 31, 2015 Rep. Wilcox report from the Legislature, January 27, 2015 13. Adjourn Upcoming Meetings Regular City Council Meeting, Tuesday, February 24, 2015 6:00 pm, Public Safety Building Council Study Session, Wednesday, February 25, 2015, 5:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, March 10, 2015, 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 Janine Schnepf, 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.velrrima.us Agenda Item 6. a. Minutes Page 1 of 5 YELM CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 27, 2015 MINUTES Mayor Harding called the meeting to order at 6:00 p.m. 2. Roll Call Present: JW Foster, Joe Baker, Bob Isom, Jennifer Littlefield, Tracey Wood, Ken Garmann and Russ Hendrickson. Agenda Approval 15 -004 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations -The Great Kindness Challenge Week Proclamation Mayor Harding read the proclamation. Mayor Harding already delivered the Proclamation to the Lackamas Elementary School at their Great Kindness Challenge event. Public Comment - no comments 6. Consent Agenda Minutes - Regular Meeting January 13, 2015 Payables - Checks #63983 - #64049 Totaling $216,910.47 15 -005 MOTION BY JOE BAKER APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearing - Ordinance No. 995, Unified Development Code Mayor Harding opened the Public Hearing at 6:05 pm. Tami Merriman reported that the City of Yelm first adopted development regulations to implement the policies of the Comprehensive Plan 20 years ago. Over time, these regulations have been edited, updated and expanded. The codes are located throughout the Yelm Municipal Code (YMC), Yelm Development Guidelines and Yelm Design Guidelines. Regulations and the permitting process, all development related requirements and processes have been compiled and arranged into one document, a Unified Development Code (UDC). Staff and the Yelm Planning Commission reviewed the permit process and development standards for clarity, outdated information, and ease of use and conducted an extensive outreach and participation program in order to engage citizens, the local real estate community, developers and business groups. Staff made presentations before a number of stakeholder group and the Planning Commission held numerous meetings and hosted a public open house, totaling about 25 public meetings. Mayor Harding asked about how many members of the public attended those meetings. Ms. Merriman stated there were about a dozen that attended the Open House and the Public Hearing was about the same. The Growth Management Act requires the draft be sent to the Washington State Department of Commerce for distribution for review by state agencies for comment. No State Agency provided any input into the document. The Yelm Planning Commission held a public hearing on April 21, 2014 to receive final comments on the draft document. The Planning Commission reviewed all comments received throughout the process in detail and addressed many of the comments by amending the draft language in the UDC. The Planning Commission voted unanimously to recommend the City Page 1 of 5 Agenda Item 6. a. Minutes Page 2 of 5 Council adopt the proposed amendments. As all development related regulations are being consolidated in the UDC, update to various Titles and Chapters of the Municipal Code are required as part of the adoption of the UDC. The Chapters affected by Ordinance No. 995 include Chapter 5.52 YMC Adult Entertainment Business Licensing, Chapter 608 YMC Animal Regulations, Chapter 9.86 Adult Entertainment Business and Title 15 Franchises. A subcommittee of the City Council met with City staff to review in detail to better understand the layout and to answer questions or concerns. The draft UDC was then distributed to Council at the October 2014 Study Session for their review. Council did not have any changes to the Planning Commission's recommendation however add the following sections: Section 18.16.070 YMC Reservation of water or sewer connections and Chapter 18.68 YMC Marijuana retailers. All the comments received from the public were provided in the packets. Councilmember Baker asked if Urban Chickens were allowed inside the city. Ms. Merriman stated that Urban Chickens are considered livestock and would not be allowed inside the city limits of Yelm. This remains unchanged from the YMC, which does not allow livestock in the City of Yelm. Councilmember Isom asked about Section 18.16.070 YMC — Reservation of water or sewer connections for essential public facilities. Ms. Merriman explained that by adding that section to the code, the City Council would have the authority to reserve utility connections for essential public facilities by Resolution so if they go out for public funding they would be guaranteed utility hookups. No public comment. Mayor Harding thanked the Council and staff for listening to hours and hours of discussion on the UDC. Mayor Harding closed the Public Hearing at 6:18 pm. 8. New Business — a. Ordinance No. 995, Unified Development Code 15 -006 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 995 CREATING A NEW TITLE 18- UNIFIED DEVELOPMENT CODE, AND AMENDING TITLES 1, 2, 5, 6, AND 9 YELM MUNICIPAL CODE (YMC), AND REPEALING TITLES 14, 15, 16, AND 17 YMC, AND CREATING A NEW TITLE 15 YMC. CARRIED. Grant Beck thanked the Council, the Planning Commission and Tami Merriman for their hard work on the Unified Development Code and believes that the Unified Development Code will be a economic development tool for both developers and property owners. b. Confirmation of Planning Commission Appointments Grant Beck stated at the end of October 2014, the term of one Planning Commissioner was vacated and the end of December 2014, the terms of three Planning Commission positions expired. Mr. Beck thanked Glenn Nutter for his years of service on the Planning Commission. Pursuant to the Yelm City Council's Protocol Manual, the vacancies were advertised and announcements were sent to the incumbents who expressed an interest in the past to serve, but who were not previously selected. The Community Development Department received seven applications. Two applications were from current Planning Commission members John Thomson and Anne Wahrmund. Both current members have been valuable members of the Commission. The five additional applications were from Wayne Potter, Jerry Fugich, Charles Vela, Preston Collins and Dale Shirley. 15 -007 MOTION BY JOE BAKER CONFIRMING MAYOR HARDING'S RE- APPOINTMENT OF JOHN THOMSON AND ANNE WAHRMUND AND THE Page 2 of 5 Agenda Item 6. a. Minutes Page 3 of 5 APPOINTMENT OF JERRY FUGICH TO FILL AN EXPIRED POSITION AND WAYNE POTTER TO FILL A VACATED POSITION ON THE CITY OF YELM PLANNING COMMISSION. CARRIED. c. Confirmation of Historic Preservation Commission Appointments Grant Beck stated at the end of December 2014, that the Historic Preservation Commission had two expired positions. Pursuant to the Yelm City Council's Protocol Manual, the positions were advertised and an announcement was sent to all board and commission chairpersons and all persons who have expressed an interest in the past to serve, but who were not previously selected. The members whose terms expired were invited to reapply. The Community Development Department received two applications to fill the expired positions. Councilmember Littlefield asked how many members are on the Historic Preservation Commission. Mr. Beck stated seven members currently and Gary Carlson is the staff representative. The UDC states that there could be up to eight members. The Historic Preservation is full right now but there is still a vacancy on the Parks Board. 15 -008 MOTION BY TRACEY WOOD CONFIRMING MAYOR HARDING'S RE- APPOINTMENT OF EDWARD BLAKE AND CLAIRE DOYLE TO FILL TWO EXPIRED POSITIONS ON THE HISTORIC PRESERVATION COMMISSION. CARRIED. d. Updated South Sound Military & Communities Partnership ( SSMCP) Memorandum of Agreement (MOA) Shelly Badger explained that in 2011, the South Sound Military & Communities Partnership was created by a Memorandum of Agreement (MOA) with the City of Lakewood serving as the convener, providing staff support to the Partnership. The partnership is comprised of Joint -Base Lewis- McChord (JBLM), Camp Murray, federal and state agencies, cities, counties, school districts and higher education institutions, associations, corporations and not for profit agencies. The Partnership provides actionable recommendations to regional leaders on initiatives, programs and topics that strengthen the role that JBLM, the National Guard, and the Reserves play in America's defense strategy and the economic health and vitality of the region and the State of Washington. On December 10, 2013, the Yelm City Council approved an MOA joining the SSMCP effective January 1, 2014 at the Steering Committee level for $6,500 per year. The MOA has been modified slightly, is recommended for approval by the Steering Committee, and requires City Council approval for the $6,500, which has been included in the 2015 Budget. Mayor Harding thanked Shelly Badger for being on the Committee and her active participation and stated that JBLM is very important to our community and other surrounding communities around the South Sound. 15 -009 MOTION BY JW FOSTER APPROVING THE UPDATED MEMORANDUM OF AGREEMENT FOR THE SOUTH SOUND MILITARY & COMMUNITIES PARTNERSHIP AT THE STEERING COMMITTEE FUNDING LEVEL IN THE ANNUAL AMOUNT OF $6,500. CARRIED. 9. Old Business —none scheduled 10. Mayor and Council Initiatives Councilmember Foster attended the JBLM Listening Session with Mayor Harding and Shelly Badger regarding possible cuts the JBLM military base. Councilmember Foster also attended the Thurston County State of the Communities event with Page 3 of 5 Agenda Item 6. a. Minutes Page 4 of 5 Mayor Harding, Shelly Badger and Councilmember Isom. The Mayor's State of the Cities was well received by the attendants. The perceived image of Yelm is honorable. Councilmember Foster thanked Mayor Harding for his great representation of Yelm at the event. Councilmember Baker attended the Yelm Adult Community Center and reported there are a couple of problems with the lifts on their buses. He asked Intercity Transit Board at the regular meeting if they would be willing to help the Adult Center with the bus repairs. Councilmember Baker believes that Intercity Transit will donate the parts for the repairs. Kristy Deham was elected Treasurer at the Adult Center. There are now 207 members at the Center, which is an increase of 17 percent. The Nisqually Indian Tribe donated $1,000, which has helped greatly. Thea Stepp has volunteered in the office to take over some of the computer work. At the Intercity Transit Board meeting, Jim Merrill, Intercity Transit Director of Maintenance and Operations, discussed the Emergency Management Program for emergencies. Intercity Transit would furnish transportation buses and their facilities in cases of emergency. They are working with Thurston County Emergency Management to coordinate. Thurston Regional Planning Council (TRPC) reported at the meeting. Councilmember Isom echoed Councilmember Foster's remarks regarding the Thurston County Chamber event. Councilmember Isom is proud to be a part of the Yelm Community when you hear the positive comments that were made about the City of Yelm. Councilmember Isom attended the Urban Growth Management Subcommittee meeting where they looked at the Countywide Planning Policy document. The document will be forwarded to the County Council to hold a public hearing. Yelm City Council will be briefed on the document at the Study Session in February. Councilmember Isom received a note in his Council mailbox from Dan Cavanaugh asking if anyone would be interested in marching in the St. Patrick's Day Parade in Seattle on March 14. Mr. Cavanaugh was extremely instrumental in helping the City of Yelm partner and become Sister Cities with Ferns, Ireland. Mayor Harding asked if Councilmember Isom had any concerns regarding the Countywide Planning document. Councilmember Isom stated that the City will want to appear and testify at the Public Hearing. Councilmember Littlefield reminded everyone of the Homeless Connection event this Thurston 1 -4pm at the Yelm Community Services location. The HOME Consortium will be providing services such as haircuts, adult flu shots and meals. The red bin that has been placed at City Hall for donation of warm clothing will be distributed at this event. Councilmember Littlefield will be attending the Thurston County Children and Youth Policy Team. Mayor Harding thanked Councilmember Littlefield for taking that committee from him. Councilmember Wood attended the Transportation Policy Board meeting and was updated on the Chehalis Western and Woodland Trails "Hub" Junction project. In addition, the 2015 meeting schedule was adopted. Councilmember Garmann attended the Thurston County Law and Justice Council meeting and reported approximately 45% of the Thurston County jail population has mental health issues. Mayor Harding stated this is a statewide agenda item right now. Councilmember Garmann took a tour of the Smile Mobile that comes once a year to Yelm. Page 4of5 11 12 13 Agenda Item 6. a. Minutes Page 5 of 5 Mayor Harding also visited the Smile Mobile while it was in Yelm. They are a great crew that volunteers their time to take care of the dental needs of the community. Also attended the Thurston County State of the Cities Address. It is a nice meeting to attend because it is all the Cities in Thurston County and there is an audience question and answer session about how regional issues are affecting their cities and the different perspectives. At the forums, Mayor Harding reminds people the accomplishments of Yelm has been made possible because Yelm City Council, staff, Mayor and a Community that works together. Yelm's State of the City is February 10, 2015. Mayor Harding, Shelly Badger and Councilmember Foster attended and the JBLM Listening Session, which was a very positive event. Mayor Harding and Councilmember Foster spoke at the event of the important role the military stationed at JBLM, play in our community. Mayor Harding also attended the Thurston County Economic Development Council meeting where the City of Olympia did a presentation on their Community Renewal Program. Also attended the Lackamas Elementary School Day Assembly for The Great Kindness Week Challenge and presented them with a Proclamation. School Resource Officer, Don Moody also attended and was very well received by the children. Councilmember Baker might not be able to attend tomorrow's Study Session. Executive Session - none scheduled Correspondence included - South Sound Green Pages, Winter 2015 Municipal Research News, Winter 2015 Thurston Regional Planning Council Pre - Agenda Friday, February 6, 2015 8:30 am -11:15 am. Adjourned at 6:45 pm. Attest: Ron Harding, Mayor Lori Mossman, Deputy City Clerk Page 5 of 5 Agenda Item 8. a. Ordinance No. 994, 2014 Year End Budget Amendment Page 1 of 5 MEMORAND UM City of Yelm Administrative and Financial Services 105 Yelm Avenue West, Yelm, Washington 98597 To: Mayor Harding and Yelm City Council From: Teresa Mattson Date: February 3, 2015 for February 10, 2015 Council Meeting Subj: Ordinance No. 994, 2014 Year End Budget Amendment Recommendation: Adopt Ordinance No. 994 amending the 2014 Budget by appropriating funds for 2014 contract obligations, transfers, and other expenditure related budget adjustments. Background: Variations in both revenue and expenditure appropriations occur throughout the budget year, creating the need for amendments. The City of Yelm adopts the annual budget by department level for the Current/General Fund and by fund level for all other funds. While it is important to note that many revenues line items (and ending cash) ended the year well above the original budgeted amounts, this amendment addresses expenditures only — except where there are transfers in to balance the fund. Expense appropriations are amended to the extent needed to `rebalance' the department/fund. Current situation: This 2014 Amendment in total is $382,212.90. Appropriation changes include adjustments to balance the departments /funds as follows: FUND ADDITIONAL BUDGET COMMENTS 001 General Fund 97,084.86 SEE ATTACHED 101 Streets 5,145.00 SEE ATTACHED 107 Lodging Tax Revenue 1,423.00 SEE ATTACHED 109 School Resource Officer 15,402.36 SEE ATTACHED 400 Storm Water Utility 7,629.00 SEE ATTACHED 401 Water Fund 76,189.00 SEE ATTACHED 403 Garbage (Spring Cleanup) 193.68 SEE ATTACHED 412 Sewer Fund 179,146.00 SEE ATTACHED TOTAL All Funds 382,212.90 Agenda Item 8. a. Ordinance No. 994, 2014 Year End Budget Amendment Page 2 of 5 EXHIBIT A 2014 Year End Budget Amendment FUND /ACCT AMOUNT REASON General Fund 001 Streets 101 511.10.41.00 $ 4,000.00 Lobbying Services 542.30. $ Salary /Wages /Benefits. Police Cash outs Salary /Wages /Benefits. New Standby Pay, 521.10.xx $ 46,835.00 (not budgeted). Disability Insurance not Medical Variance budgeted. $ 521.10.xx $ 2,365.00 Services /O &M. Vehicle Maintenance 594.44.64.00 531.30. $ 240.00 Pollution Control Total 101 551.xx $ 4,000.00 Annual Contributions. New Contract with Revenues $ - Yelm Senior Center Expenses 576.10.xx $ 950.00 Salary /Wages /Benefits Net Effect to End Cash 576.80 $ 14,209.00 Services /O &M & Utilities. Utilities was the bulk $10K, fuel 594.21.64.00 $ 16,549.00 PD Capital Expenditures. New Computers, docking stations not budgeted 594.76.64.00 $ 42.00 Parks Capital Expenditures 597.37.00.00 $ 193.68 T/O to 403 Garbage to Zero and Close Out 597.21.00.00 $ 7,701.18 T/O to 109 SRO Total 001 $ 97,084.86 Revenues $ - Expenses $ 97,084.86 Net Effect to End Cash $ (97,084.86) City Streets 101 542.30. $ 3,118.00 Salary /Wages /Benefits. New Standby Pay, Medical Variance 542.xx $ 616.00 Services /O &M 594.44.64.00 $ 1,411.00 Street Capital. Pole Building Cost overruns Total 101 $ 5,145.00 Revenues $ - Expenses $ 5,145.00 Net Effect to End Cash $ (5,145.00) Lodging Tax Revenue 107 575.50.00.00 $ 1,423.00 Museum O &M. Utility cost increased, pest control Total 107 $ 1,423.00 Revenues $ - Expenses $ 1,423.00 Net Effect to End Cash $ (1,423.00) FUND /ACCT Agenda Item 8. a. Ordinance No. 994, 2014 Year End Budget Amendment Page 3 of 5 EXHIBIT A 2014 Year End Budget Amendment AMOUNT REASON School Resource Officer 109 $ 7,701.18 T/I from 001 for SRO Officer 521.10.xx $ 7,701.18 Salary /Wages /Benefits $ 624.00 Salary /Wages /Benefits 538.3 $ 1,622.00 Total 109 $ 15,402.36 $ Revenues $ 7,701.18 Expenses $ 7,701.18 400 Net Effect to End Cash $ - Revenues 397.21.01.00 $ 7,701.18 T/I from 001 for SRO Officer 521.10.xx $ 7,701.18 Salary /Wages /Benefits Storm Water Utility 400 538.30. $ 624.00 Salary /Wages /Benefits 538.3 $ 1,622.00 Services /O &M. Utility Taxes 594.38.64.00 $ 5,383.00 Capital Expenditures. Portion of Tax for Sweep Truck never paid 400 $ 7,629.00 1,425.00 Revenues $ - Expenses $ 7,629.00 $ Net Effect to End Cash $ (7,629.00) $ Water Utility 401 534.10. $ 3,876.00 Salary /Wages /Benefits Services /O &M. Taxes = $43,267, printing, 534.10. $ 70,888.00 misc ext, equip rpr, vehicle rpr, water samples 594.34.64.00 $ 1,425.00 Capital Expenditures. Pole Building Cost add construction. Offset by Scrap Revenue Tota1401 $ 76,189.00 Revenues $ - Expenses $ 76,189.00 Net Effect to End Cash $ (76,189.00) Garbage (Spring Cleanup) 403 397.37.00.00 $ 193.68 403 $ 193.68 Revenues $ 193.68 Expenses $ - Net Effect to End Cash $ 193.68 T/I From 001 to ZERO and Close Out FUND /ACCT Agenda Item 8. a. Ordinance No. 994, 2014 Year End Budget Amendment Page 4 of 5 EXHIBIT A 2014 Year End Budget Amendment AMOUNT REASON Sewer Utility 412 535.10. $ 19,621.00 Salary /Wages /Benefits. No budget for Cash outs, or OT and affected taxes 535.10/535.50 $ 158,100.00 Services /O &M. Treatment Plant Maint. _ $129K, Taxes = $20K 594.35.64.00 $ 1,425.00 =add ital Expenditures. Pole Building Cost construction. Offset by Scrap Revenue Total 412 $ 179,146.00 Revenues $ - Expenses $ 179,146.00 Net Effect to End Cash $ (179,146.00) TOTAL LINE ITEM ADJUSTMENTS Revenues From Transfers In Expenses Including Transfers Out Net Effect to Ending Cash $ 382,212.90 $ 7,894.86 $372,895.04 $ (365,000.18) Agenda Item 8. a. Ordinance No. 994, 2014 Year End Budget Amendment Page 5 of 5 CITY OF YELM ORDINANCE NO. 994 AN ORDINANCE amending the 2014 City of Yelm Budget as adopted by Ordinance No. 983 in December 2013, by increasing /decreasing appropriations in excess of original estimates and making required year- end adjustments. The City Council of the City of Yelm, Washington ordains as follows: Section 1. 2014 budgeted amounts for revenue and /or expenditures for the operation of the government of the City of Yelm for the fiscal year ending December 31, 2014, are increased by $382,212.90 as shown in Exhibit A. Section 2. The budget for the year 2014 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 10th day of February, 2015. Ronald W. Harding, Mayor Authenticated: Janine A. Schnepf, City Clerk Passed and Approved: February 10, 2015 PUBLISHED: Nisqually Valley News: February 20, 2015 Effective: February 25, 2015 To: Mayor Ron Harding Yelm City Council Agenda Item 8. b. Ordinance No. 996 YMC Amendments Page 1 of 6 City of Yelm From: Tami Merriman, Associate Planner STAFF REPORT Date: January 30, 2015 (for February 10, 2015 City Council Meeting) Subj: Adoption of amendments to the Yelm Municipal Code Recommendation Adopt Ordinance 996 amending Chapters 2, 5, 9, and 13 Yelm Municipal Code changing references in the Code to reflect the newly adopted Unified Development Code, Title 18 YMC. Background At the January 27, 2015 meeting, the City Council adopted Ordinance 995, creating the Unified Development Code and amending other section of the Yelm Municipal Code. The Ordinance repealed Chapters 14, 15, 16, and 17, created a new Chapter 18, and amended several other Chapters. With these changes, there are a few references located throughout the unchanged parts of the Yelm Municipal Code to sections of the Code that have been moved to the UDC. Current Situation Ordinance 996 corrects references to sections that have been repealed or moved to the Unified Development Code and makes no substantive changes to the Code. The Council should adopt Ordinance 996. January 30, 2015 Page 1 of 1 Agenda Item 8. b. Ordinance No. 996 YMC Amendments Page 2 of 6 CITY OF YELM ORDINANCE NO. 996 AN ORDINANCE of the City of Yelm amending Chapters 2, 5, 9, and 13 of the Yelm Municipal Code relating to the Unified Development Code. WHEREAS, the City of Yelm adopted Ordinance 995 (01/27/15) amending the Yelm Municipal Code; and WHEREAS, with the adoption of Ordinance 995, certain chapters and sections of the Code were amended or repealed; and WHEREAS, references to those chapters and sections were left in other chapters of the Code, and must be updated and removed; Now, THEREFORE, the Yelm City Council do ordain as follows: SECTION 1. Chapter 2.52 YMC — State Environmental Policy Act Guidelines* is amended as follows: 2.52.010 Statutory provisions adopted by reference. *State Environmental Policy Act regulations, as adopted by the city, can be found in Chapter 18.20 YMC. 2.52.010 Statutory provisions adopted by reference. The city of Yelm, hereinafter in this chapter for convenience only referred to as the "city," adopts by reference the policies of the State Environmental Policy Act as expressed in Sections 43.21C.010 and 43.21C.020 RCW SECTION 2. Chapter 5.02 YMC — Business Licenses Generally is amended as follows: 5.02.010 Definitions. The following definitions shall apply in construing the provisions of this chapter, except where otherwise declared or clearly apparent from the context: A. "Business," "occupation" or "pursuit" means and includes all home occupations, wholesalers, retailers, service providers, towing operators, peddlers, canvassers, solicitors, for -hire vehicles, limousine services, pawnbrokers, secondhand dealers and junk dealers engaged in with the object of economic gain, benefit or advantage to the person, firm or corporation, or to another person or class, directly or indirectly, whether part -time or full -time, whether resident or nonresident except those businesses or activities for which licenses of franchises are required by any other chapter or section of the Yelm Municipal Code as now or hereafter enacted or amended. B. "Canvasser," "peddler," or "solicitor" is defined as solicitor. Agenda Item 8. b. Ordinance No. 996 YMC Amendments Page 3 of 6 C. "City' means the city of Yelm. D. "Corporation" See "Person." E. "Director" means the city clerk /treasurer of the city of Yelm. F. "Driver" and "operator" mean the person physically engaged in driving a for -hire vehicle, whether or not the person is the owner of or has any financial interest in the vehicle. G. "Engage in business" means commence, conduct, or continue in business, and also the exercise of corporate or franchise powers as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. H. "Firm" See "Person." "For -hire vehicle" includes all vehicles used for the transportation of passengers for compensation, except chartered and scheduled buses, vehicles not for hire by the general public such as vans operated by hotels, employers, churches, schools and retirement facilities and ride share vehicles. The term primarily includes taxicabs and limousines. J. "Limousine" means a chauffeur - driven, unmetered, unmarked luxury motor vehicle pre- arranged for transportation meeting the definition in Section 46.04.274 RCW. Limousines differ from "taxis" in that they are for the exclusive use of the person(s) paying the pre- arranged fare, are unmetered, unmarked, and are not available for spontaneous hire. K. "Occupational permit" is a requirement for certain occupations, that by their nature present a heightened public safety risk, including: for -hire vehicle driver, locksmith, or solicitor. L. "Operator" See "Driver." M. Peddler. See "Solicitor." N. "Person" means any natural person of any gender, firms, corporations, partnerships or associations either acting by themselves or by servant, agent or employee. The singular shall include the plural. O. "Person," "firm," or "corporation," used interchangeably in this chapter, means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, co- partnership, joint venture, club, company, joint stock company, business trust, corporation, association, canvasser, peddler, solicitor, society, or any group of individuals acting as a unit, whether mutual cooperative, fraternal, nonprofit or otherwise, and includes the United States or any instrumentality thereof, for whom a valid business license may be required therefrom under the provisions of this chapter. P. "Pursuit" See "Business." Agenda Item 8. b. Ordinance No. 996 YMC Amendments Page 4 of 6 Q. "Solicitor" within the meaning of this chapter is any person who, either as a principal or agent, goes from door to door or from place to place and enters upon any private property within the city and thereon engages in any of the following activities: 1. Sells, takes orders for, or offers to sell or take orders for, any goods, wares or merchandise whether or not collecting in advance for such goods, wares or merchandise; and /or 2. Sells, takes orders for, or offers to sell or take orders for services, whether or not collecting in advance for the performance of such services; and /or 3. Sells, takes orders for, or offers to sell or take orders for the making, manufacturing, or repairing of any article or thing whatsoever, whether or not collecting in advance for the performance of such services; and /or 4. Seeks contribution or donations. R. "Towing operator" is anyone engaged in the business of offering towing service by use of a vehicle wrecker or by a vehicle adapted to that purpose, whereby motor vehicles are towed or are otherwise removed from the place where they are disabled. S. "Home occupation" means any activity conducted for financial gain or profit in a dwelling unit, and which activity is not generally or customarily characteristic of activities for which dwelling units are intended or designed; such activity is clearly incidental or secondary to the residential use of a dwelling unit; and is conducted only by persons residing in the dwelling unit; provided, however, that neither the conduct of a "garage sale" nor the operation of a "family day -care home" is defined as a home occupation. 5.02.035 Home occupation permit. No person shall operate a business in their home within the city without first obtaining a permit from the city. _ SECTION 3. Chapter 5.36 Garage Sales is amended as follows: 5.36.030 Restrictions No individual seller, household, home address, group or family shall be permitted to have more than two garage sales each calendar year. The length of time for each garage sale shall not exceed six combined days and shall be held at least four months apart. Garage sales shall be conducted only between the hours of 8:00 a.m. and 8:00 p.m. Goods displayed in any garage sale may not be displayed in the public right -of -way. No sign permit is required; however, a signs advertising a garage sale may be posted only on the property where the sale is being held WMG I r, Z14 QQQIQ A nQ I QQ91 and only during the duration of the sale, Section 18.62.040 (F) YMC. All merchandise offered for sale shall be arranged so that fire, police, health or other officials may have access for inspection at all times during the sale. Agenda Item 8. b. Ordinance No. 996 YMC Amendments Page 5 of 6 SECTION 4. Chapter 9.68 Park Rules is amended as follows: 9.68.010 Structures and signs. A. Signs shall not be allowed in city parks unless approved as part of a park use request and consistent with the Yelm sign code, Chapter 18.62 YMC. It shall be the responsibility of the park user to obtain a permit if required pursuant to the sign code. B. Park users shall not erect any structure in city parks except temporary stands or tents as authorized as part of a community event sanctioned by resolution of the city council and sponsored by a community- oriented nonprofit organization. SECTION S. Chapter 13.10 Stormwater System is amended as follows: 13.10.010 Definitions. The following words, for purposes of this chapter, shall have the meaning set forth in this section unless the context clearly indicates otherwise: "Commercial /industrial parcel" means any parcel which has been developed for any purpose other than as a single - family dwelling unit, duplex, multiple - family residential parcel, or condominium. "Condominium" shall have the same meaning as in Section 18.02.040 YMC. "Impervious surface" as defined by the current adopted city of Yelm stormwater manual along with structures. "Multiple- family residential parcel," except as otherwise provided herein, means any parcel including but not limited to an apartment house, developed and constructed for occupancy by three or more families, all living independent of each other and having separate kitchen facilities for each family. "Parcel" means any area of land which is listed as a parcel by the Thurston County assessor, whether such parcel is publicly or privately owned. "Single- family residential parcel" means a parcel which has been developed and constructed for the purpose of providing a single dwelling unit for one family and which parcel continues to be used for that purpose except a qualified home occupation. Agenda Item 8. b. Ordinance No. 996 YMC Amendments Page 6 of 6 "Undeveloped parcel," usually referred to as a "vacant lot," means a parcel which contains no structures or substantial impervious surfaces and is not used for any residential, commercial, industrial, public, or other purpose. 13.10.020 Development guidelines. Those certain guidelines and standards for the city entitled "Engineering Specifications and Standard Details" as published January 1995 and amended thereafter, are adopted as the official development standards for use on all development projects within the city and within city service areas, annexation areas, or planning areas to the extent that the city has the authority to require such guidelines and standards. In case of conflict between the development guidelines and other duly adopted ordinances, resolutions, or policies of the city, the provisions of the development guidelines adopted by this chapter shall prevail. SECTION 16. This ordinance shall take effect five days after passage, approval, and publication. PASSED by the City Council of Yelm this 10th day of February, 2015. Ron Harding, Mayor Authenticated: Janine A. Schnepf, City Clerk PUBLISHED: Nisqually Valley News, February 20, 2015 EFFECTIVE DATE: February 25, 2015 E-MAIL ME WEIRSITE BIOGRAPHY January 31, 2015 I &r IIII °° Illl liii s s 111 III IIIJ lrs At the end of the third week of the 2015 legislative session, all I can say is: What a whirlwind! The pace has ramped up considerably and we are just getting started! Over 70 bills have already been referred to the Senate health -care committee. When a lawmaker writes a bill and introduces it, the legislation is sent — or referred — to the most relevant committee. As chair of the health care committee, I decide which bills will receive a public hearing and potentially move to the Senate chamber for a vote. As I study each bill, I ask: what will really make a difference to the individual patient? Keeping that focus makes my job so much easier. Vleet iiii ,iny Ieg��sIll4U4e page froii ellll two This past week Paxton Moon, a student at Ridgeline Middle School in Yelm, worked as a Senate page. Meeting Paxton was a lot of fun and sponsoring her was my pleasure. As you can see from the photo at my desk on the floor of the Senate chamber, Paxton and I had a great time during the photo shoot. There are still a few opportunities to serve as a Senate page during the 2015 legislative session. If you know a student who would be interested in this unique opportunity, more information and an application can be found ,here. As my former pages can tell you, the week they spend at the Capitol is fun, interesting and goes by quickly! If you have questions regarding openings for this program, my office may be able to assist you as well. Wat6h iiirin in f &rV c 1 iin g liii IIII liii fs °fiiii ii in heaI[flh cn iiii On Wednesday I was featured on TVW's program "The Impact ". TVW is the Olympia -based nonprofit network that covers primarily state government and politics — basically Washington's version of C -SPAN. It records and broadcasts most legislative committee hearings and meetings, and also produces some original shows, like The Impact. During my interview I outlined the big issues that the Senate Health Care Committee will be addressing this session and how I approach those issues. hope you'll take a few minutes to watch the segment featuring my comments -- click here. uiii t t I iii i re uIIIJ ut flhe state budget? I have served for a number of years on the Senate Ways and Means Committee. Part of this committee's job is to consider any bill that will have a financial effect on either the state's operating or capital budgets. Often legislation will start out in another committee, like Health Care, and then move to our budget committee before finally going forward for a full Senate vote. One of my Majority Coalition Caucus colleagues, Sen. John Braun from nearby Centralia, serves as the vice chair of Ways and Means. He has put together a great publication called Economic Sense that takes a closer look at the economic issues facing our state. ,Issue number one addresses budget reforms and protecting taxpayers. Issue two discusses making college affordable again. The thlird edlitlion covers state employee pay and retention. I am certain you will find these informative! to iiii t ucIIII IIIIIIIIIII Illi °° °1111 IIII � ! ! w,id GO i Like all the "12s" in Washington this weekend, I will be watching the Super Bowl and cheering on our Seahawks. After the big game I'll be back in Olympia, working on your behalf. I hope you'll continue to stay in touch through malill or in person, your feedback is always welcome. My legislative assistant, Tiffani, is happy to pass along a message to me at (360) 786 -7602. Thank you for the continued honor of allowing me to serve you in the state Senate. All the best, Randi Becker Washington State Senator, 2nd Legislative District Olympia office: (360) 786 -7602 Email: Rands, eckar la .wa. air Website: www.SenateRepubllicans.wa.gov/Becker °e:Jan.27.2015 0,M2 7% 2 015 03:.8 'lei" PSI My 2nd District seatmate, Rep. Graham Hunt, and I are holding a telephone town hall on Feb. 11 from 6 p.m. to 7 p.m. This is your opportunity to ask questions and get updates on the big issues of the 2015 legislative session. To participate, simply call (253) 561 -0172. To ask a question during the call, press the star key. Twitter /Facebook Town Hall You're also welcome to take part in a social media town hall on Twitter and Facebook. My colleague Rep. Joel Kretz and I will field your questions on Feb 2, 12:15 - 12:45 p.m. You can follow the town halls on the platform of your choice at h-ttpi:Htwitter.com/hid - Lta2`/��ILLtio��swa and w iaccl�ool, cc) tai /walic) scrcplll .2!ica�is. Use the hashtag #solutionswa to ask a question, and please try to keep your question to 20 characters so others can see it in our retweet. Dear Friends and Neighbors, Time really does fly -- we're now in the third week of the 2015 legislative session. The big issues we'll deal with this year include the state budget, education funding, and transportation. In this update I'll focus on the budget. If you have any questions, comments or concerns about these topics or anything else, please don't hesitate to call, email or write my office. My contact information is at the bottom of this email. Sincerely, 1 �� a� J.T. Wilcox STATE BUDGET Taxpayers and a growing economy bring good news As we prepare to write a two -year state budget, Washington taxpayers have given us good news: the state is expecting a nearly $3 billion growth in revenues since the last budget cycle. That's an increase of more than 8 percent. We have enough revenues to fund all the state's current obligations, with enough left over to make some progress on fully funding K -12 education. Do we need $1.4 billion in new taxes? Gov. Inslee has proposed $1.4 billion in brand -new taxes, including a carbon tax. At a recent hearing of the House Finance Committee, one of the governor's staffers said his carbon tax would result in about a 10 -cent per -gallon increase in the cost of gas. The governor's tax plan is, I believe, much too large and poses a real threat to Washington workers and their families. In addition to higher gas prices, it would result in higher utility bills for many customers, and higher food prices. Washington is already a leader in environmental stewardship. I'm proud of that, but I believe we should weigh the costs of our policies. The governor's plan asks all of us to pay a heavy price for outcomes that will change nothing. They are purely symbolic. Supplemental budget I'm happy to report that the Legislature is doing good bipartisan work on a supplemental budget bill. It will deal with emergencies and high -need items from 2014, such as the devastating Eastern Washington wildfires from last summer as well as providing additional beds for mentally ill patients. The House is expected to vote on it this week. State Representative J.T. Wilcox 2nd Legislative District Email: it.wflcox(a_),Imwa. )ov Web site: jLNyi6L._LqpLqseiAqti twilcox.com .K91 ---------------- 426A Legislative Building - P.O. Box 40600 1 Olympia, WA 98504-0600 (360) 786-7912 or Toll-free: (800) 562-6000