MINUTES OF A REGULAR MEETING OF THE LACEY CITY COUNCIL HELD THURSDAY,
JUNE 14, 2007, AT LACEY COUNCIL CHAMBERS.
CALL TO ORDER:
Mayor Clarkson called the meeting to order at 7:00 p.m.
V. Clarkson, A. Burgman, G. Sackrison, M. Dean, J. Darby, T. Nelson.
G. Cuoio, K. Ahlf, B. Martin, J. Sheler, R. Schoessel, J. Litt, S. Spence, D. Pierpoint, C. Litten
APPROVAL OF AGENDA AND CONSENT AGENDA:
COUNCILMEMBER SACKRISON MOVED TO APPROVE THE AGENDA AND CONSENT AGENDA. COUNCILMEMBER DARBY SECONDED. MOTION CARRIED.
Consent Agenda Items:
- Minutes from the regular Council meeting of May 24, 2007
- Resolution (923) segregating assessments within LID #19, as requested by Lacey Properties, LLC
- Resolution (924) segregating assessments within LID #16 and #19, as requested by Puget Western, Inc.
- Resolution (925) segregating assessments within LID #19, as requested by Jenamar
- Resolution (926) segregating assessments within LID #16 and #19, as requested by Meridian Campus MFR, LLC
- Charity Grant Funding Policy
Mayor Clarkson acknowledged Barbara Lally, Planning Commission member. He also noted that Deputy Mayor Peterson is excused from tonight’s meeting.
Mayor Clarkson presented W.I.N (Work Involvement Now) certificates to the North Thurston School District Aspect Foundation International Exchange. Donita Zblewski stated the group coordinates the placement of international high school exchange students with host families. Twelve students participated in the W.I.N. project and funds will be donated to the North Thurston Education Foundation to purchase school supplies for students.
Mayor Clarkson introduced Kathy Cross, who coordinated the volunteer efforts of Remax employees along the I-5 corridor. The group did litter control, spread wood chips and weeded the area.
Ms. Cross noted this was a regional effort with 25 realtors coordinating projects in Thurston County.
Arlen Veleke, Farmers’ Market Manager, introduced Casey Ross, Market Assistant. Ms. Ross invited Council and the public to attend Opening Day of the Lacey Farmers’ Market on June 16, 2007, at 10 a.m. at Huntamer Park.
Laura Kimbrough, new Executive Officer for Olympia Master Builders, introduced herself and Will Stakeland, new Government Affairs Officer. She shared that one of the organization’s goals is to provide affordable housing for all segments of the community. The Olympia Master Builders anticipates working with the Council in the future to achieve this goal.
Councilmember Darby excused himself from the discussion about the Rainier Road annexation.
Dave Burns, Principal Planner, stated Schneider Homes, Inc. submitted an application for annexation in December 2006 from property owners representing over 10% of the assessed value of the area.
The annexation is located west of Rainier Road, north of the Burlington Northern Railroad tracks, east of the Chehalis Western Trail and approximately ¼ mile south of the intersection of the Yelm Highway and Rainier Road. The annexation is 88.9 acres and contains 230 parcels with an approximate assessed valuation of $47,267,150. The zoning for the area is Moderate Density Residential with the exception of Horizons Elementary School which is zoned Open Space Institutional. It is expected the population at build-out will be approximately 550 residents with $182,020 in revenue generated.
On January 11, 2007, Council approved the request for annexation and staff prepared the required 60% petition using the Power of Attorney granted to the City as a condition of providing utilities to area subdivisions. After certification, staff submitted the Boundary Review Board Annexation Application to the Boundary Review Board (BRB). No government agency made a request to invoke jurisdiction; as a result, the BRB approved the application and sent the request back to the City of Lacey, which scheduled a public hearing for June 14, 2007.
Mr. Burns also noted that during review process, staff met with two homeowners at the southern end of the annexation area who oppose the annexation proposal.
Mr. Burns stated the original proposal was to annex 88.9 acres. However, the area proposed includes an environmentally sensitive area including floodplain, wetlands and their associated buffers in the southern portion.
Mr. Burns stated after review of the final plat approval and the location of the approved plat and its proximity to floodplain and wetlands, staff is recommending that 19.9 acres, containing The Links – Phase III and existing larger parcels containing four homes, be eliminated from the proposed annexation based on drainage concerns. Staff also recommends gathering information on the drainage history of the southern portion of the site after improvements are built before considering annexing the remaining 19.9 in the future.
Councilmember Burgman noted the property is vested in the floodplain in the county and residents would be impacted by development whether the property is annexed or not.
Councilmember Nelson asked for clarification on the economic analysis, commenting that $95,000 seemed high as an estimate for police services in that area. Police Chief Pierpoint noted the estimate was based on an average number of service calls and traffic enforcement. In addition, the estimate accounts for service to Horizon Elementary School.
In reference to the concerns about fill being used in the subdivision, Greg Cuoio, City Manager, emphasized that development was approved by the County, as well as any engineered drainage plans.
Mayor Clarkson opened the Public Hearing at 7:40 p.m. to receive comments on the Rainier Road Annexation.
Ira Grant, 7223 Rainier Road SE, Lacey, WA, stated Schneider Homes was initially allowed to bring in 20,500 cubic yards of fill. He noted when the developer requested an amendment to the SEPA report to increase the total to 65,000 cubic yards; they violated the Mitigated Determination of Non-significance. Mr. Grant said if the City has the authority to require Schneider Homes to remove the fill after the property is annexed, then he supports the annexation. If the City does not have authority, then he does not support annexation.
Richard Olson, 7219 Rainier Road SE, Lacey, WA, stated he purchased land in 1997 from Mr. Grant and lives adjacent to the Links - Phase II. He said he was not aware that the City did not review the engineering drainage plans. Mr. Olson said he strongly objected to bringing fill onto the property. Although it creates a dam protecting the wetland, it could also trap floodwaters that flow across Rainier Road onto his property. Mr. Olson asked the City to halt the annexation process unless the entire property is annexed. He believes the County, City and Burlington Northern Railroad should be responsible for resolving the issue.
Mark Brown, 4627 Prestwick Lane SE, Lacey, WA, lives in the Links and registered his support for including Phase 1 & 2 in the annexation. He said for the record, he does contract work for the City of Lacey, but wanted to share his opinion. Mr. Brown said the City, as a provider of urban services, is responsible for managing growth in their urban growth area, which includes the property proposed for annexation. He stated, as residents of Lacey, people would have a voice in the government which currently provides several of their services. Mr. Brown said he would support annexing the entire tract of the Links, or the modified annexation, and agrees with staff recommendation to study the drainage issue before annexing.
John Handy, 6635 Millstone Lane, Rainier Crossing Apartment, Unit 103, Lacey, remarked he is in favor of the annexation. Although property taxes would increase, he likes the idea of more responsive police services. He said he is not aware of any residents at Rainier Crossing who oppose the annexation.
Mayor Clarkson closed the Public Hearing at 8:05 p.m.
COUNCILMEMBER SACKRISON MOVED TO ADOPT ORDINANCE 1288 ANNEXING PHASE 1 & 2 OF THE LINKS, AND ELIMINATING PHASE 3 OF THE LINKS AND THE ADJACENT PARCELS CONTAINING FOUR HOMES FROM THE PROPOSED ANNEXATION.
Councilmember Sackrison stated for the record, he is not in favor of taking action on an item that is on the agenda the same night as its Public Hearing. Councilmember Dean agreed. She also questioned if the County uses City development guidelines and standards when approving development in Lacey’s urban growth area.
Jerry Litt, Community Development Director, stated that sewer, water and irrigation services for the proposed annexation meet City standards. He noted, however, although the City can approve zoning, it has no authority to deny or approve County development plans. He added the County’s environmental land use and floodplain regulations are different than the City’s. Mr. Cuoio remarked the final plat has been approved by the County, and additional review by the City will not change the outcome.
Councilmember Dean said she is not in favor of annexing only a section of the neighborhood.
Councilmember Sackrison agreed and expressed concern about taking action on the southern end of the property without regard to consequences. He suggested further discussion with the County. Mr. Litt remarked the City has met with the County who believes the engineering study of the area is viable.
Councilmember Burgman stated, based on the testimony of the Public Hearing, she would prefer to not vote at tonight’s meeting, and suggested moving the issue to the June 28, 2007, Council agenda. Councilmember Sackrison withdrew his original motion.
COUNCILMEMBER BURGMAN MOVED TO PLACE THE RAINIER ROAD ANNEXATION ON THE
JUNE 28, 2007, COUNCIL AGENDA. COUNCILMEMBER DEAN SECONDED. COUNCILMEMBERS CLARKSON, BURGMAN, SACKRISON, DEAN, AND NELSON VOTED YES. MOTION CARRIED.
Following the vote, Councilmember Darby rejoined the meeting.
REFERRAL FROM HEARINGS EXAMINER:
Sarah Hawkins, Associate Planner, requested Council authorization for Preliminary Plat (Case #06-176 Hawks Prairie Phase 3) for the development of a 212 lot subdivision. The project includes a request to amend the Hawks Prairie Planned Residential Development to incorporate the remaining 187 acres of the Hawks Prairie Planned Community; a wetland development permit for approval to fill on-site wetlands for the extension of roads to access developable portions of the site; and a shoreline substantial development permit to install a stormwater conveyance system that will discharge to the Puget Sound.
The Hearings Examiner conducted a public hearing on May 1, 2007, and testimony was given by staff, the applicants and several citizens. The main issues raised included protection of sensitive areas and habitats, density, and impacts to lifestyle and environment. The Hearings Examiner has recommended approval subject to several conditions, including restrictions on car washing and the use of pesticides. Councilmember Dean asked how these restrictions would be enforced. Mr. Litt responded the Jubilee Homeowners Association is very proactive and will most likely ensure enforcement.
COUNCILMEMBER NELSON MOVED TO APPROVE PRELIMINARY PLAT (CASE #06-176 HAWKS PRAIRIE PHASE 3) SUBJECT TO CONDITIONS OF APPROVAL AND FINDINGS OF FACT. COUNCILMEMBER SACKRISON SECONDED. MOTION CARRIED.
Resolution (923). See action under Consent Agenda.
Resolution (924). See action under Consent Agenda.
Resolution (925). See action under Consent Agenda.
Resolution (926). See action under Consent Agenda.
Mayor Clarkson reported he participated in the 100th birthday celebration of a Panorama City resident and presented a certificate to her on behalf of the Lacey City Council.
CITY MANAGER'S REPORT:
Teri O’Neal, Senior Civil Engineer, requested Council award Lacey Contract No. PW 2007-06A to Skaar Construction Company from Auburn for the construction of the Hawks Prairie Water Treatment Facility and 400 Zone Booster Pump Station. The treatment facility will treat the existing Hawks Prairie well and a future well’s water. The booster station will increase the 380 pressure zone in the Hawks Prairie area to a 400 pressure zone.
Ms. O’Neal stated this project was re-bid. On June 12, 2007, three bids were opened and Skaar Construction was the low bidder at $10,347,863.96. The Engineer’s Estimate was $10,436,706.87.
COUNCILMEMBER SACKRISON MOVED TO APPROVE LACEY CONTRACT NO. PW 2007- 06A TO SKAAR CONSTRUCTION COMPANY IN THE AMOUNT OF $10,347,863.96. COUNCILMEMBER BURGMAN SECONDED. MOTION CARRIED.
Scott Spence, Assistant City Manager, requested Council to extend the term of the Interlocal Agreement with Thurston County and the Cities of Olympia and Tumwater governing the shared costs of negotiating with Comcast Cable for the renewal of each jurisdiction’s franchise. The current agreement expires December 31, 2007.
COUNCILMEMBER BURGMAN MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR CABLE CONSULTING SERVICES TO EXTEND THE TERM OF THE AGREEMENT TO DECEMBER 31, 2008. COUNCILMEMBER NELSON SECONDED. MOTION CARRIED.
Greg Cuoio, City Manager, requested Council to approve an agreement with Puget Sound Energy (PSE) to convert to 100% green power for all electrical service demands.
Mr. Cuoio noted this action makes a statement about Lacey’s efforts to move towards energy independence. Bellingham is the only other city in the state to purchase 100% green power.
COUNCILMEMBER SACKRISON MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH PUGET SOUND ENERGY TO PURCHASE 100% GREEN POWER FOR ALL ELECTRICAL SERVICE DEMANDS. COUNCILMEMBER NELSON SECONDED.
Ken Ahlf, City Attorney, requested Council to approve a Settlement Agreement between Olympic Ambulance Service and CAPCOM agencies.
Mr. Ahlf stated after voters approved tax support of CAPCOM, the organization continued to charge Olympic Ambulance who eventually filed litigation against CAPCOM and its entities. The Administrative Board has since then considered modifying its fee structure. Mr. Ahlf stated a settlement agreement has been reached through mediation which sets fees, starting at $30,000, between 2007 – 2013.
Councilmember Darby noted this settlement agreement could have policy implications for other ambulance providers.
COUNCILMEMBER DARBY MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A SETTLEMENT AGREEMENT BETWEEN OLYMPIC AMBULANCE SERVICE AND CAPCOM. COUNCILMEMBER NELSON SECONDED. MOTION CARRIED.
STANDING GENERAL COMMITTEES:
General Government Committee:
Councilmember Nelson, reported the Committee met on May 23, 2007, to discuss the Green Power Agreement with PSE; the Council Charity Funding Policy; an Intergovernmental Agreement for cable consultant services; and a citizen request for a resolution to impeach Bush/Cheney.
The Committee recommends that Council does not approve a Resolution to begin investigation to impeach Bush/Cheney. This action is more appropriately addressed at the national level.
Councilmember Darby reported the Committee met on May 17, 2007, to discuss the commercial water connection charges and the Consumer Water Confidence Report.
Councilmember Sackrison reported the Committee met on June 1, 2007, to discuss the Six-Year Transportation Improvement Plan (TIP) and transportation project updates.
Community Relations & Public Affairs Committee:
Councilmember Nelson reported the Committee met on June 1, 2007, to discuss the Farmer’s Market and a request by Wrinkles of Washington to use one of Lacey’s free days at the Washington Center.
The Committee recommended approval of the request to use one of the City’s free days at the Washington Center for a fundraising event in 2008.
COUNCILMEMBER NELSON MOVED TO APPROVE A REQUEST FROM WRINKLES OF WASHINGTON TO USE ONE OF LACEY’S FREE DAYS AT THE WASHINGTON CENTER IN 2008. COUNCILMEMBER DEAN SECONDED. MOTION CARRIED.
Councilmember Sackrison reported he attended the AWC Conference and congratulated Mayor Foutch for serving as an exemplary Master of Ceremonies.
BOARDS, COMMISSIONS, COMMITTEES:
Economic Development Council:
Councilmember Burgman invited all to attend the EDC’s Annual Economic Update on June 25, 2007. International trade will be the focus of the forum.
Intercity Transit Authority:
Councilmember Burgman reported the Board adopted a policy for a digital recording system, and authorized a vendor to provide cameras on Intercity Transit buses. She noted that over 1,000 riders participated in the Bicycle Commuter Contest. Also, Intercity Transit will purchase 18 new buses in the fall.
Joint Animal Services Commission:
Councilmember Nelson reported Animal Services has received a bid for remodeling the front counter to provide more efficient customer service. The Commission also discussed and revised the Animal Services appeal process for citizens who animals are cited for specific violations.
LOTT Advisory Committee:
Mayor Clarkson reported the LOTT Board met to discuss revised discharge pre-treatment regulations which will not significantly impact Lacey.
The Board also passed three resolutions. The first was for the adjustment to LOTT’s wastewater service charge. The second was for an adjustment in LOTT’s capacity development charge, and the third was to establish an emergency reserve.
Olympic Region Clean Air Agency:
Councilmember Burgman reported several citizens have shared concerns about the odor from the soil compost business in Tenino.
ORCAA contributed $20,000 towards a Tacoma rail monitoring device to help reduce pollution as trains idle. The Board also reviewed climate change issues and discussed penalties for burning.
Thurston Community Network:
Councilmember Dean reported the Board held a business meeting and postponed hiring a new coordinator. The organization is changing its financial structure and will contract with TOGETHER.
Transportation Policy Board:
Councilmember Sackrison reported the Board has changed the 2007-08 enhancement process. Historically, funds were allocated to TRPC who distributed funding to the cities. This year the Washington State Department of Transportation will allocate funds directly to cities. Project priorities have been set, and all jurisdictions will compete statewide for funding. In Thurston County, the top priority is the Bridging the Gap project across Martin Way and Pacific Avenue.
The Board also received an update on Automation Transportation Technology which will provide a GPS-based location for buses making it easier to conduct an auto count. Also, a draft of the Regional Trail Plan was reviewed and will be presented to the public before final adoption. And, the Dupont Station will remain on the Light Rail Plan along the I-5 corridor for future development.
Mayor Clarkson adjourned the meeting at 9:06 p.m.
Council minutes approved and signed on June 28, 2007