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05-08-02 Minutes YELM CITY COUNCIL MINUTES REGULAR MEETING WENDNESDAY, MAY 8,2002,7:30 P.M. OPENING 1. Mayor Rivas called the meeting to order at 7:30 p.m. 2. 02 -45 Council present: Don Miller, John Thompson, Bob Isom and Ron Harding. Pat Fetterly was excused. Agenda approval MOTION BY JOHN THOMPSON, SECONDED BY BOB ISOM APPROVING THE AGENDA AS PRESENTED. CARRIED. Public Comment - There was no response to the call for public comment. 3. CONSENT CALENDAR 4. Minutes approval: April 24, 2002 5. Payments approval: 17471-17571, Totaling $51,852.19 Void: 17494, 17501 a. Manual checks: 17471 - 17509, Totaling $9,156.01 b. Claims checks: 17510-17571, Totaling $42,696.18 6. Payroll approval: Final, April 2002, 5696-5722 and 5727-5792, Totaling $142,558.01 7. Park Use Requests: Community Ministry Festival and Hand-n-Hand Preschool 02-46 MOTION BY JOHN THOMPSON, SECONDED BY DON MILLER APPROVING CONSENT CALENDAR ITEMS AS PRESENTED. CARRIED NEW BUSINESS 8. Hearings Examiner Recommendation: Cathie Carlson reported that a Request for Qualifications generated seven responses. The interview committee, Shelly Badger, Cathie Carlson and Ron Harding interviewed four of the applicants. The individual selected, Stephen Causseaux, Jr., has been the Hearing Examiner for Pierce County for over 18 years and serves as examiner for many small jurisdictions in Pierce County. Additionally, Mr. Causseaux possesses an approachable demeanor that will be non-threatening to applicants. Contract fees are $110 per/hour for the Hearing Examiner, plus $35 per hour for staff support and includes a pro-tem examiner arrangement if needed. As we are almost half way through the year, the first contract would run through December 31, 2003, and future contracts would renew annually. The committee recommended confirmation of the Mayor's appointment. Discussion concerned the number of appeals anticipated (one per year) and applicant fees. Yelm City Council Minutes ab/cc/2002 minutes/05-08-02 Page 1 of 4 02-47 MOTION BY BOB ISOM, SECONDED BY DON MILLER ENDORSING MAYOR RIVAS' APPOINTMENT OF STEPHEN CAUSSEAUX JR AS HEARING EXAMINER AND HIS FIRM AS EXAMINER PRO-TEM THROUGH THE END OF 2003. CARRIED. 9. Van Norhop Estates Final Plat, SUB-02-8303- YL - Tami Merriman reported that staff has reviewed the final plat and found that all conditions identified in the preliminary plat have been satisfied. Van Norhop Estates is a 20 lot, single family subdivision at Mill Road and 10yth. She also pointed out that changing to a hearing examiner removes Planning Commission responsibility for reviewing final plats and moves that to a staff level. Staff recommended final plat approval as the required payment has been received for grass planting in the planter strip along Van Norhop St. SE and for City construction of a required sewer line extension. Discussion concerned existing procedures and service provided by City staff. Mr. Norberg, Van Norhop Estates developer, indicated that he had a positive experience working with Yelm staff and that the project moved forward rapidly, because of direct contact with department heads at meetings. He looks forward to working with the City in the future when court created annexation issues are settled. Councilmember Isom expressed appreciation and congratulations to staff for providing exceptional service. 02-48 MOTION BY DON MILLER, SECONDED BY RON HARDING APPROVING THE VAN NORHOP ESTATES FINAL PLAT-SUB-02-8303-YL. CARRIED. 10. Animal Control Ordinance No. 753 - Stephanie Conners reported that this is the adopting ordinance and that the changes requested by Council when they reviewed the draft at the April 24th meeting have been incorporated. Changes were made to the definitions sections 6.08.030, D, UAt Large," adding "verbal command;" and P, No.6, "Nuisance pet animal," adding "at the discretion of the officer." Additionally, "Animal Shelter" was changed to "Impound Facility to better reflect activities and services provided. Ron Harding requested a change to the Definitions (6.08.030), Page 6, Subsection P., 6, adding the word unprovoked. Text would read disturb the peace and quiet by unprovoked barking, whining, etc. 02-49 MOTION BY BOB ISOM, SECONDED BY RON HARDING ADOPTING ANIMAL CONTROL ORDINANCE NO. 753, AS CHANGED BY INSERTING uUNPROVOKED." CARRIED. 11. Resolution No. 426, Animal Control Fees/Charges - Stephanie Conners reported that the requested $500.00 per year annual registration for dangerous dogs had been added to the resolution. 02-50 MOTION BY DON MILLER, SECONDED BY RON HARDING APPROVING RESOLUTION NO 426 SETTING ANIMAL CONTROL FEES/CHARGES. CARRIED. 12. City of Yelm/Yelm Fire District Agreement - Mayor Rivas reported that Council Yelm City Council Minutes ab/cc/2002 minutes/05-08-02 Page 2 of 4 had been updated by the committee, Councilmember Fetterly, Shelly Badger and himself, throughout the negotiation process that resulted in this final agreement, and recommended that the City move forward and endorse the agreement. Discussion concerned changes interpretation, role clarification, service levels, funding formula change, legal approval, necessary budget appropriation amendment, fire commissioner's response, and appreciation to staff for input. 02-51 MOTION BY DON MILLER, SECONDED BY BOB ISOM AUTHORIZING MAYOR RIVAS TO SIGN THE CITY OF YELM/YELM FIRE DISTRICT CONTRACT. CARRIED. REPORTS 13. Library Report - A written report was provided. 14. Mayor's Report - Activities included: interviews for the community development director, the field has been narrowed down to two great applicants. The police sergeant position interviews are also going on right now. Mayor Rivas reported that Intercity Transit is trying to strengthen their representative's position and has requested documented Council action supporting mayoral appointment of City representatives to IT's board. Discussion indicated that this change is motivated by concerns about liability issues similar to those occurring in the past. Currently mayors simply appoint liaisons to various departments and committees. The change would be a more formal action occurring each time an appointment to the IT position is made. Councilmember Harding added that at the Inter-jurisdictional Conference there was discussion about appointments and the rights to keep or eliminate them. Shelly Badger indicated that this request is related to the possibility of challenges to future boundary changes. 02-52 MOTION BY BOB ISOM, SECONDED BY RON HARDING GIVING THE MAYOR THE AUTHORITY TO APPOINT THE CITY OF YELM REPRESENTATIVE TO THE INTERCITY TRANSIT AUTHORITY. CARRIED. Mayor Rivas reminded everyone that meeting absences should be reported to the City Clerk. 15. Councilmembers' Reports a. Councilmember Miller CAPCOM - A 1/5 of 1 % local option sales tax intended to reduce fees paid by cities (police) and fire districts is being discussed. Additional information will be available at the next meeting. b. Councilmember Thompson Other Meetings/Activities - EDC meeting featured a presentation by the Port of Olympia concerning passenger air service. He participated in community Yelm City Council Minutes ab/cc/2002 minutes/05-08-02 Page 3 of 4 development director and police sergeant position interviews, and attended the Yelm Chamber Auction. c. Councilmember Isom - will report at the next meeting. d. Councilmember Harding Intercity Transit - He attended an Inter-jurisdictional meeting to reorganize the IT Authority Board. The elimination of one member (Tenino) created an even number membership along with increased possibility of tie votes. The board considered eliminating a citizen representative, but decided to keep membership at eight. If the sales tax proposal doesn't pass, they may be looking at options to reduce the boundaries, which could eliminate Yelm's service. IT is seeking Citizen Representatives, application packets are available. Mayor Rivas thanked Ron Harding for his work with IT. Other Meetings/Activities - He participated in the Community Development Director interviews and found it to be an enjoyable experience. e. Councilmember Fetterly - Excused Financial Report - A written April 2002 Month End report was provided and Agnes is available to answer any questions. Agnes Bennick provided an update on the Yelm Municipal Code revision and installation of an electronic version available to all network users. Training is being scheduled, and at some point in the future the code will be available to the public on a city web site or other location. Staff was commended for the work accomplished. CORRESPONDENCE Correspondence provided for review included an AWC Training Schedule, Timberland Regional Library Board Minutes, Intercity Transit Citizen Work Group application announcement and Thurston County Prosecuting Attorney's Annual Report. ADJOURN: 8:22 p.m. \ //} /J /Jt'-l ;'x./\,L:JI/JbJ . :I: s P. Bennick, City Clerk Yelm City Council Minutes ab/cc/2002 minutes/05-08-02 Page 4 of 4