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09-13-11 MinutesYELM CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 13, 2011 MINUTES 1. Mayor Harding called the meeting to order at 6:00 p.m. 2. Roll Call. Present: Don Miller, Joe Baker, Bob Isom, Mike McGowan, Tracey Wood and John Thompson. Excused: Russ Hendrickson 3. Agenda Approval 11-78 MOTION BY TRACEY WOOD APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations -none scheduled 5. Public Comment. Rita Hutcheson, Rainier, announced to the Council and Mayor that she will be retiring at the end of 2011 to pursue other activities. She expressed her gratitude for the support with a tremendous working relationship with the Mayor, Council, and staff during her term as Fire Chief. Mayor Harding agreed that the relationship with the City and the Fire District have been a positive for the community. Councilmember Isom added a personal message crediting Rita for the accomplishments in the Fire District under her directions. Thank you Rita for your service. 6. Consent Agenda Minutes -Regular Meeting August 23, 2011 Payables -Checks #56527-56645 Totaling $453,069.93 11-79 MOTION BY BOB ISOM APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearing -none scheduled 8. New Business a. Ordinance No. 945, Implementing Eminent Domain, Acquisition of Real Property, SW Well 1 A. Shelly Badger reviewed the staff report. Attorney Steve DiJulio was present by telephone conference for clarification, if needed. The new water right point of withdrawl, when approved, is SW Well 1 A located on 1.48 acre property site previously owned by developer of Tahoma Terra. The City of Yelm did have possession by agreement with the previous owner, but the property has since gone back to Home Street Bank. Negotiations for the City of Yelm to purchase this piece is on-going with Home Street Bank, however this action would authorize and implement condemnation procedures to help move the acquisition process forward in a timely manner. A map was provided of the well site and the surrounding sanitary control area including a future road through the site. Legal notice was provided to property owner and posted in the Nisqually Valley News and the Olympian. Councilmember McGowan asked for clarification of the sanitary control area and road shown on the map. The Department of Ecology requires a 100 ft radius protected area where nothing can reside. The area is surrounding the well site that would be in the City's possession. Page 1 of 3 Councilmember Isom asked about the previous Tahoma Terra master plan community plans for this site. The original plan was for the site to be designated as open space that would be dedicated to the City for well use. Councilmember Thompson asked if this process provides total access to the site. Attorney DiJulio responded that this process provides access to the property, prior to a judgment. Shelly added the City is requesting possession and use through this process. The City is currently in the process of appraising the value of the property for purchase. 11-80 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN ORDINANCE NO. 945 IMPLEMENTING EMINENT DOMAIN PROCEDURES REGARDING THE ACQUISITION OF REAL PPOPERTY AS REFERRED TO IN EXHIBIT A, COMMONLY KNOWN AS THE SW YELM 1 A WELL SITE. CARRIED. b. Resolution No. 528, Interfund Loan Repayment to Sewer Capital Improvement Fund for Killion Road Improvements. Jennifer Hough presented this Resolution establishing the interest rate and term for repayment of Interfund loan (2008) to the Sewer Capital Improvement Fund obtained for completion of the Killion Road improvements LID. Previous term of the loan is expiring at the end of this year. The State auditor confirmed that the required term of the loan is not specified other than it cannot be a permanent diversion of funds. The interest rate shall be calculated monthly at the same rate of investment in the state Local Investment Pool for aten-year term expiring October 31, 2021. 11-81 MOTION BY BOB ISOM APPROVING RESOLUTION NO. 528 AMENDING RESOLUTION NO 503 ESTABLISHING THE TERM LENGTH AND INTEREST RATE OF THE INTERFUND LOAN FOR THE REPAYMENT TO THE SEWER CAPITAL IMPROVEMENT FUND. CARRIED C. Contract Award to Henderson Partners, Yelm Ave West Sidewalk Project. Stephanie Ray presented the results of the bid opening for the Yelm Ave West Sidewalk Project on both sides of Yelm Ave at the area around Yelm Middle School. She stated that this is another opportunity where a local match provides significant benefit for the Community. Minimal investment of local funds for sidewalk for students and citizens of Yelm. Received 4 responses on September 2, 2011 from the 10 that went out, with the low responsive bid being Henderson Partners in Gig Harbor. The bid exceeded the City's in-house estimate by $11,000. Requesting increase to local contribution from $ 31,108 to $42,130 from Arterial Street Fund for this $252,000.00 project. Contingency funds of $5,000 flex included to prepare for any difficulty with tree removal and traffic control. Project slated to begin immediately, subject to approval, with pre-construction meeting followed by construction window of 40 days. 11-82 MOTION BY JOHN THOMPSON AUTHORIZING MAYOR HARDING TO SIGN A CONTRACT WITH HENDERSON PARTNERS IN THE AMOUNT OF $194,950.50 FOR THE COMPLETION OF THE WEST YELM AVENUE SIDEWALK PROJECT. CARRIED Mayor Harding highlighted the teamwork of staff, agencies, and committee level work by Councilmembers that make these projects a success. The foundation work by Councilmember Wood on the Transportation Policy Board and Councilmember Isom on Thurston Regional Planning Council helped significantly to secure grant funding from both. Stephanie added that the Yelm School District has been easy to work with on this and other projects. 9. Old Business -none scheduled Page 2 of 3 10. Mayor and Council Initiatives Councilmember Baker attended Intercity Transit meeting where they continue to discuss ways to add transportation options between Yelm and Pierce County but find efforts stalled because of lack of funds. Councilmember Isom attended Sustainable Thurston Task Force meeting introducing the work that lies ahead. Added Yelm is well represented with participation; Stephanie Ray on the water portion, Grant Beck on the city planning and the Mayor on the economic development. Councilmember McGowan inquired about the rural route dial a ride service. Mayor and Councilmember Wood responded that these are private agencies working on connections between Yelm and other communities, they are typically grant funded and are not run by Intercity Transit. Attended the Thurston County HOME Consortium meeting where he retains his position as Chair. The Consortium is moving forward with approval of the Homeless Coordinator including funding for data sharing. Department of Commerce grant application is in the process of changing and may affect the Yelm Community Services. Councilmember Wood attended TComm meeting where they discussed budget issues and address potential addition to membership roster. Councilmember McGowan put in a plug for the Battle of the Bands at the City Park fundraiser sponsored by the Library Board and Friends of the Library to benefit the Yelm Library. Councilmember Baker inquired about the obstruction on Rice Street. Councilmember Thompson requested update on speeders on West Road. Mayor Harding responded that traffic counter strips are currently down on problem areas in the City to evaluate where and when traffic emphasis would be most effective. 11. EXECUTIVE SESSION -none scheduled 12. Correspondence included Thurston Public Utility District No. 1 meeting announcement, Thurston Regional Planning Council 09/09/11 meeting pre-agenda, Comcast rate changes in the City and E-News from Olympia, Lacey,Tumwater Visitor & Convention Bureau. 13. Adjourn: 6:41 p.m. Ron din ,Mayor Attest ~~ J~'hine Schnepf, City Clerk Page 3 of 3