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05-08-12 MinutesYELM CITY COUNCIL REGULAR MEETING TUESDAY, MAY 8, 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, and Russ Hendrickson. Mike McGowan arrived at 6:05 pm. Excused: Tracey Wood. 3. Agenda Approval 12-33 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations -Community Recognition Awards - Sparks Club - Campfire Kids - Denise R., Campfire Troop leader stated the kids ages ranged from three to eleven. The Community project this year was to help the community trail by cleaning up about one and half miles of the trail. Mayor Harding presented each of the eight children with a Community Recognition Award for their participation in the trail clean up and thanked them for their hard work. Councilmember Baker also thanked the kids for their efforts. 5. Public Comment -Nichole Lott, a Thurston County resident, would like to open a collective garden in Yelm. Ms. Lott feels there are people in the Yelm community that are sick and need medical marijuana to feel better. It would be a family owned business and would follow the State and City regulations for reporting revenue. Currently she is a vendor for co-ops and collective gardens in other cities. Councilmember McGowan asked if Ms. Lott could provide Council with additional information on how the State Law and other Cities have allowed Medical Marijuana Collective Gardens in their areas. She will email the information through the City website. 6. Consent Agenda Minutes - Regular Meeting April 24, 2012 & Study Session April 25, 2012. Payables - Checks #57912 - #57978 Totaling $157,914.74. 12-34 MOTION BY BOB ISOM APPROVING THE CONSENT AGENDA WITH ONE CHANGE ON THE STUDY SESSION MINUTES FROM J.W. FOSTER BEING ABSENT TO EXCUSED. CARRIED. 7. Public Hearing - None scheduled 8. New Business - a. Ordinance No. 957, 2012 Mid -Year Budget Amendment Jennifer Hough explained that variations in both revenue and expenditure appropriations occur throughout the budget year, creating the need for amendments to rebalance the budget. The City of Yelm adopts the annual budget by department level for the Current/General Fund and by fund level for all other funds. The 2012 Mid -Year Budget Amendment totals $3,137,063. Page 1 of 3 12-35 12-36 6Z 10 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 957 AMENDING THE 2012 BUDGET BY APPROPRIATING FUNDS FOR 2012 CONTRACT OBLIGATIONS, TRANSFERS, AND OTHER BUDGET ADJUSTMENTS; AND AUTHORIZING THE ACCEPTANCE, DEPOSIT AND APPROPRIATION OF MISCELLANEOUS DONATIONS, CONTRIBUTIONS, BOND PROCEEDS AND/OR FEES. CARRIED. b. Farmers Market Right of Way Use Agreement between the City of Yelm and Yelm Cooperative Tami Merriman stated that Ordinance No. 950, recently adopted by Council, updated Section 17.70.030 of the Yelm Municipal Code (YMC) to include farmers markets and provide framework for holding a farmers market within the City. The Ordinance allows farmers market to be located on collector or local access streets in a commercial zone. The proposed Right of Way Use agreement provides specific terms for holding a farmers market within the City and for the use of City right-of- way. The agreement is for one season, beginning May 27, 2012 and ending October 28, 2012. The Farmers Market will be held on Sundays only from 11am - 4pm. The street will be closed from 8:00am to 6:00 pm to allow the market manager to set up the road closure, and parking signs, and to allow vendors time to set up. The Agreement addresses all items in the farmers market section of the YMC. Attached to the Agreement as Exhibit A, are the Yelm Farmers Market 2012 Guidelines and Policies, which cover in detail the specific guidelines for product balance and vendor responsibility, and meets or exceeds the minimum requirements of the code. Ms. Merriman thanked the Planning Commission and Yelm Food Co-op for their time spent in creating the documents. Council also thanked staff and all parties involved for the outstanding job. MOTION BY BOB ISOM AUTHORIZING MAYOR HARDING TO SIGN A RIGHT OF WAY USE AGREEMENT WITH THE YELM COOPERATIVE TO HOLD A FARMERS MARKET ON 2"D STREET BETWEEN MCKENZIE AND MOSMAN STREET. CARRIED. Old Business - None scheduled Mayor and Council Initiatives Councilmember Isom attended a very productive and informative Thurston Regional Planning Commission meeting regarding Economic Development in the 21St Century. Also attended a Recognition Ceremony for Police Officers and Sheriff's in McKenna. Councilmember McGowan attended the Thurston County Home Consortium meeting. Also with members of the Thurston County Home Consortium and Housing Authority to discuss the rural South County challenges for funding and affordable houses for the homeless. Councilman McGowan represented the Timberland Regional Library at the Yelm Home and Garden Show. Councilmember McGowan complimented staff for the City of Yelm's booth. Councilmember Hendrickson attended the Home and Garden Show at the Yelm High School. Mayor Harding attended the Thurston County Mayor's Forum. Page 2 of 3 11. EXECUTIVE SESSION - At 6:37 pm Mayor Harding announced that Council will go into an Executive Session for 10 Minutes for the purpose of discussing pending litigation (RCW 42.30.110 i). Attorney Steve DiJulio will be present via telephone conference. At 6:48, Mayor Harding closed the Executive Session. Stephanie Ray reported the settlement agreement would settle proposed potential litigation on water rights that were owned by Tahoma Valley Golf and Country Club and were subsequently transferred to the City of Yelm for municipal water use. The City has been working with Tahoma Valley Golf and Country Club for the last few months to come to an equitable and fair resolution to the transfer of these water rights that have already been put to beneficial use. 12-37 MOTION BY BOB ISOM AUTHORING MAYOR HARDING TO SIGN THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF YELM AND BROOKDALE GOLF, LLC RELATED TO WATER RIGHTS 5155-A, 5721-A AND G2 -27096C, AND IN SETTLEMENT OF THURSTON COUNTY CAUSE NO. 11-2-00550-7. Councilmember McGowan feels the agreement is fair for both parties involved but does not feel that the public was properly notified and will not be voting on this item for that reason. 5 -AYES, 1 -NAY (MCGOWAN). CARRIED. 12. Correspondence included - Terri Thomas, Follow-up Email dated April 27, 2012. America's Credit Union, Grand Opening Invitation, Saturday, May 12 11am - 2pm, 415 Yelm Ave. East. Thurston County Chamber of Commerce, May/June 2012 Magazine Page 3 of 3