03-22-11 MinutesYELM CITY COUNCIL REGULAR MEETING
TUESDAY, MARCH 22, 2011 MINUTES
Mayor Harding called the meeting to order at 7:00 p.m.
2. Roll Call. Present: Joe Baker, Bob Isom, Mike McGowan, Tracey Wood, John
Thompson and Russ Hendrickson. Excused; Don Miller
3. Agenda Approval
11-23 MOTION BY TRACEY WOOD APPROVING THE AGENDA AS PRESENTED.
CARRIED.
4. Special Presentations- Arbor Month Proclamation
Mayor Harding read the Arbor Month Proclamation declaring April as Arbor Month and
invited Council and citizens of Yelm to the Arbor Day celebration on April 29, 2011 at
11:00 a.m. at the Yelm City Park. Community Development staff created promotional
posters for display using art work submitted from the previous year's Arbor celebration
to advertise this year's event.
5. Public Comment. There was no comment from the audience in attendance.
6. Consent Agenda
Minutes -Regular Meeting March 8, 2011.
Payables -Checks 55482-55569,Totaling$178,691.84
11-24 MOTION BY BOB ISOM APPROVING THE CONSENT AGENDA AS PRESENTED.
CARRIED.
7. PUBLIC HEARING -none scheduled
8. New Business
Ordinance No. 935, Moratorium on Medical Marijuana Dispensaries
Grant Beck reviewed the staff report on a proposed moratorium on establishing medical
marijuana dispensaries in the City of Yelm. Chief Todd Stancil and Attorney Brent Dille
were present to assist with any questions. The moratorium allows time for the City to
adapt to the new direction by the State regarding legal status requirements for medical
marijuana dispensaries and collective or co-operative grow operations currently being
considered by the Washington State Legislature in Senate Bill 5073. The Bill would
clarify the existing laws related to the defense of legal use for qualified medical use and
plant growing, non-profit status for growers and distributors, limitations on product for
distribution, restricted advertising, licensing requirements adopted by the Washington
State Department of Health and registration requirements with the Secretary of State by
their designated deadline. A Public Hearing has been scheduled for April 26, 2011 as
required by the placement of this moratorium.
Councilmembers asked about the increase in the number of dispensaries around the
State, an explanation of the process for obtaining a prescription for medical use, the
zoning restrictions for locating a dispensary and recent history for other moratoriums in
the City of Yelm. Mayor Harding called for questions or comments from the audience in
attendance. There was none.
11-25 MOTION BY JOE BAKER ADOPTING ORDINANCE NUMBER 935 ESTABLISHING
A MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES. CARRIED.
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9. Old Business
9a. Downtown Well Construction Engineering Contract, Parametrix
Stephanie Ray provided the Parametrix Scope of Work for the Downtown Well
Rehabilitation Project. Construction is ready to begin on the downtown well
improvement after the design approval and bid opening for construction services were
completed. Included in the contract was the need for engineering services to be in
place through the construction phase.
11-26 MOTION BY JOHN THOMPSON AUTHORIZING MAYOR HARDING TO SIGN THE
SCOPE OF WORK WITH PARAMETIRX FOR CONSTRUCTION SERVICES
RELATED TO THE DOWNTOWN WELL IMPROVEMENT PROJECT IN THE
AMOUNT OF $114,579.00. CARRIED.
9b. Downtown Well Construction Bid Approval to Rodarte Construction for
$590,348.63
Stephanie Ray stated that Rodarte was the low bid from the 8 bids submitted for the
construction phase of the Downtown Well construction. Parametrix was present at the
bid opening and reviewed each item line by line. Stephanie added that Rodarte
received good reviews from their previous work done in Yelm on Cochrane Park. This
project is on a constrained time schedule and Stephanie is asking for an
accommodation to allow flexibility to approve change orders in the field without having
to go to Council on this project to avoid delays.
11-27 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO AWARD RODARTE
CONSTRUCTION THE CONSTRUCTION CONTRACT FOR IMPROVEMENTS
RELATED TO THE DOWNTOWN REHABILITATION PROJECT IN THE AMOUNT OF
$590,348.63 AND AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO
APPROVE CHANGE ORDERS AS NECESSARY TO FACILITATE THE
COMPLETION OF THE DOWNTOWN WELL PROJECT IN AN AMOUNT NOT TO
EXCEED $48,393.00. CARRIED.
Mayor Harding announced that last week City of Yelm received approval for the Water
System Plan amendment from D.O.H., granting 323 residential connections. Mayor
expressed gratitude to staff for their creative diligence working on water issues, and
Council for supporting the direction for these improvements.
9c. Purchase of Land and Water Rights in Deschutes River Basin
Shelly Badger requesting approval of purchase of land and water rights associated with
the new water rights applications pending with the Department of Ecology. Shelly
provided history on the water rights beginning in the 1950s when 2 wells were drilled in
the downtown core to the current efforts to secure diversified water sources for the City
of Yelm for the next 15 to 20 years. In 2010, the City of Yelm successfully drilled SW
Yelm Well 1A from deep aquifer and has been working cooperatively with the cities of
Olympia and Lacey and the Nisqually Tribe to mitigate impacts to the Deschutes and
Nisqually Basin associated with the withdrawal of water for the three cities. Each city
has submitted its plan to Dept of Ecology including acquisition of water rights, land and
habitat restoration activities that will benefit flows to the river, improve water quality and
provide enhanced habitat in the upper Deschutes. This purchase would be shared
equally with the three cities and has the support of the Dept of Ecology, in the form of
written letters of 02/28 and 03/18, and the Squaxim Tribe for its value in rights
acquisition and improvements to water quality.
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11-28 MOTION BY MIKE MCGOWAN AUTHORIZING MAYOR HARDING TO EXECUTE
FOR AND ON BEHALF OF THE CITY, WITH THE APPROVAL BY THE CITIES OF
OLYMPIA AND LACEY, ALL SUCH DOCUMENTS AS MAY BE NECESSARY AND
APPROPRIATE TO; (A) CLOSE ON THE ACQUISITION OF WATER RIGHTS AS
SET FORTH IN THAT CERTAIN PURCHASE AND SALE AGREEMENT WITH
RONALD N. SMITH, DATED JULY 17, 2009 AND; (B) EXERCISE THE OPTION AND
CLOSE ON THE AQUISITION OF CERTAIN REAL PROPERTY IN THURSTON
COUNTY AS SET FORTH IN THAT CERTAIN OPTION AGREEMENT WITH
RONALD N. SMITH ,DATED APRIL 13, 2010 AND APPROVE THE EXPENDITURE
OF CITY FUNDS PREVIOUSLY BUDGETED AND OBLIGATED, IN SUCH AMOUNT
AS REQUIRED TO SATISFY THE CITY'S SHARE OF OBLIGATIONS AS CO-
PURCHASER UNDER THE AGREEMENTS SET FORTH IN MOTION A AND B.
CARRIED
9d. Purchase of Water Rights -McMonigle Family
Shelly Badger reviewed the staff report stating that the purchase from the McMonigle
family was previously approved for water rights acquisition in January 2011. This item
allows finance to produce a payment and the Mayor to execute the contract at the time
of closing with the City of Yelm and the McMonigle family estate in the time period
between Council meetings.
11-29 MOTION BY TRACEY WOOD AUTHORIZING MAYOR HARDING TO EXECUTE
FOR AND ON BEHALF OF THE CITY ALL SUCH DOCUMENTS AS MAY BE
NECESSARY AND APPROPRIATE TO CLOSE ON THE ACQUISITION OF WATER
RIGHTS AS SET FORTH IN THAT CERTAIN AGREEMENT FOR PURCHASE OF
WATER RIGHTS, AS RECORDED JANUARY 3, 2011 AND APPROVING THE
EXPENDITURE OF CITY PREVIOUSLY BUDGETED AND OBLIGATED, IN SUCH
AMOUNT AS IS REQUIRED TO SATISFY THE CITY'S OBLIGATIONS UNDER THE
AGREEMENT FOR PURCHASE OF WATER RIGHTS WITH THE MCMONIGLE
FAMILY. CARRIED.
10. Mayor and Council Initiatives
Councilmember Baker attended Senior Center and Intercity Transit meeting.
Councilmember McGowan attended the Economic Development Council open house in
Yelm and HOME Consortium meeting, where they continue to review funding requests.
Mayor Harding attended the EDC Open House, reporting approximately 35 local
businesses attended.
11. EXECUTIVE SESSION -none scheduled
12. Correspondence Thurston Regional Planning Council April Pre-agenda and Thurston
County-City Meeting announcement for March 30, 2011.
13. Adjourn: 8:11 pm
~=
Ron H riling, Mayor
Attest ~ !'L ~ '
nine Schnep ,City Clerk
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