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06-12-12 MinutesYELM CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 12, 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, Ken Garmann, Tracey Wood, Russ Hendrickson. Mike McGowan arrived at 6:02 pm. 3. Agenda Approval 12-35 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations - 2012 Prairie Days Proclamation Mayor Harding read the Proclamation and presented it to Jaclyn Pratt who thanked the Mayor and Council for all their support and stated the wonderful event was one way to give back to the Community. There will be an immunization clinic at Prairie Days this year for Whooping Cough. Ms. Pratt invited everyone to attend the Prairie Days Festivities. 5. Public Comment - Stefan Abuan, Timberland Regional Library employee, thanked the Mayor and Council for keeping the library open in Yelm. Mr. Abuan stated the Library provides a great service to our community and he is proud to be part of it. Kelsie Raddas, Timberland Regional Library employee, echoed Mr. Abuan's comments and stated it is an important part of our community. 6. Consent Agenda Minutes - Regular meeting May 22, 2012 & Study Session May 23, 2012. Payables - Checks #58159 - #58288 Totaling $428,006.83. 12-36 MOTION BY BOB ISOM APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearing - None scheduled 8. New Business - None scheduled 9. Old Business - a. Library Purchase and Sale Agreement Grant Beck reported that Mayor Harding and staff have been negotiating with Margaret Clapp, owner of the Fay Fuller Building at Prairie Park, for the purchase of the condominium unit that currently houses the Yelm branch of the Timberland Regional Library. Timberland has been leasing the facility for the past 10 years pursuant to an agreement between Timberland and the City, which expired at the end of 2011. On February 14, 2012, Council approved an agreement between the City and Timberland Regional Library for Maintenance and Operations of the Yelm branch, which includes a $37,000 annual contribution by Timberland for 20 years. On February 28, 2012, Council authorized the issuance of 20 -year municipal bonds to fund the purchase of a building to house the Yelm branch of the Timberland Library. The purchase price of the condominium unit is $1,000,000.00. Page 1 of 3 Councilmember McGowan stated he would not be voting on this matter due to a conflict of interest. Mayor Harding explained the overall purchase of the Library, stating it was the best choice for City and Library to purchase the existing building rather than a different building. Councilmember Isom commended the work done by staff in making this purchase possible and stated it is the best million dollar investment made by this council or any other council. 12-37 MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN A PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF A CONDOMINIUM UNIT WITHIN THE FAY FULLER BUILDING AT PRAIRIE PARK FOR $1,000,000.00 (ONE MILLION DOLLARS), SUBJECT TO RECORDING OF THE FINAL DECLARATION OF CONDOMINIUM. 6 AYES, 1 ABSTAIN (MCGOWAN IS AN EMPLOYEE OF TIMBERLAND REGIONAL LIBRARY). CARRIED. Mayor Harding stated it has been a pleasure working with Margaret Clapp through this process. Ms. Clapp has bent over backwards to make sure this community had a Library. Mayor Harding stated she deserves as much credit as anybody else for making this possible. 10. Mayor and Council Initiatives Councilmember Foster attended the Thurston County Solid Waste Advisory Committee and will be touring the new Silver Springs Recycling facilities on Thursday. Terri Thomas, Thurston County Solid Waste Reduction Supervisor will be back in Yelm following up on the single use plastic bag issue with a survey of local shoppers at some Yelm businesses. Councilmember Foster also serves on the Nisqually River Council, which is sponsoring a Float the Nisqually Event on July 21 & July 29, that would be a great opportunity to see the holdings and support the Nisqually Land Trust. Councilmember Baker attended the Yelm Adult Community Center meeting where the committee worked on reorganization of the board since it has lost a couple of board members. Also attended the Intercity Transit Board meeting and reported there were no applications from the Yelm area for the Citizens Advisory Committee. In May, Intercity Transit reported its highest record of ridership ever. Councilmember Isom attended the Sustainable Thurston meeting and reported an analysis was done on the surveys that were sent to out to the community. The greatest response from the survey came from people that were 65 and over. Councilmember McGowan attended the Thurston County HOME Consortium meeting and reported the deadline for applying for the affordable housing grants money through the Thurston County HOME Consortium is June 18, 2012. They also discussed their consolidated plan. Councilmember Wood attended the TComm 911 Admin Board meeting where they discussed storm damage. Fortunately, we are 100% covered by FEMA as well as our insurance. Councilmember Wood also reported on the narrow van project. Councilmember Hendrickson stopped by the Longmire Park and wanted to commend the Public Works Department for a great job on the benches and picnic tables. The people at the Park, using them, really appreciated them as well. Page 2of3 Mayor Harding attended the Mayor's Forum where the Entitlement Program was discussed. This subject will be brought to Council at the next Study Session for discussion. Attended the Rainier Park Picnic sponsored by the 507 Young Life along with the Mayor of Rainier to bring the community together and raise funds. Attended his son's Graduation at Western Washington University where he saw other Yelm students graduate. Also attended the Port of Olympia's meeting held in the Yelm Council Chambers where he gave a presentation on the Mosman Intersection Alignment Project: in which two grants for this project were received from the Port of Olympia. 11. EXECUTIVE SESSION - At 6:37 pm Mayor Harding announced that Council will go into an Executive Session to discuss pending litigation (RCW 42.30.110 i) with City Attorney Brent Dille. At 7:04 pm, Mayor Harding closed the Executive Session and reopened the regular session. Shelly Badger stated that the City had been in negotiations with Puget Sound Energy for the Killion Road Local Improvement District project regarding cost overruns during the project. A settlement has been reached and the City will received $175,000 in return for releasing PSE from all claims, damages, costs and actions. 12-38 MOTION MADE BY TRACEY WOOD TO AUTHORIZE MAYOR HARDING TO SIGN THE RELEASE OF ALL CLAIMS BETWEEN THE CITY OF YELM AND PUGET SOUND ENERGY, RELEASING PUGET SOUND ENERGY FROM ALL CLAIMS, DAMAGES, COSTS AND ACTIONS ARISING FROM THE YELM AVE/KILLION ROAD LOCAL IMPROVEMENT DISTRICT PROJECT. CARRIED. Shelly Badger reported that New Cingular Wireless PCS LLC filed a Class Action Lawsuit against 128 Cities in the State of Washington claiming overpayment of utility tax associated with their data services related to internet charges. Legal Counsel has been in discussion with New Cingular Wireless PCS LLC and a settlement has been reached. New Cingular Wireless PCS LLC may take a credit of $7,146.64 against future Local Utility Tax. This will take about three months. 12-39 MOTION MADE BY TRACEY WOOD TO AUTHORIZE MAYOR HARDING TO SIGN THE AGREEMENT OF SETTLEMENT AND RELEASE BETWEEN NEW CINGULAR WIRELESS PCS LLC AND THE CITY OF YELM RELATED TO PAYMENT OF LOCAL UTILITY TAXES FOR DATA SERVICES PROVIDING INTERNET ACCESS. CARRIED. Councilmember Foster reminded everyone of the Flag Day Celebrations happening in Lacey at 4 pm and our own here in Yelm at noon. Also attended the Farmers Market on Sunday and talked with every vendor and it was great. 12. Correspondence included - Thurston County Realtors, Flag Day Celebration, South Sound Shopping Center in Lacey, June 14, 2012, 4 pm. Comcast, Price Increase list effective July 1, 2012. Nisqually Land Trust, Raft the Scenic Nisqually River, July 21 & 29, 2012 Thurston County Board of Health, Thank you letter dated June 8, 2012. 13. Adjourn 7:10 pm. s Ron Harding, Mayor Attest: ri Mossman, DeputV City Clerk Page 3of3