MINUTES OF A REGULAR MEETING OF THE LACEY CITY
COUNCIL HELD THURSDAY,
DECEMBER 20, 2007, AT LACEY COUNCIL
CALL TO ORDER:
Clarkson called the meeting to order at 7:00 p.m.
Clarkson, Nancy Peterson, Ann Burgman, Graeme Sackrison, Mary Dean, John Darby,
Ken Ahlf, Blaine Martin, Jim Sheler, Dusty Pierpoint, Scott Egger, Jerry Litt,
Scott Spence, Carol Litten.
AGENDA AND CONSENT AGENDA:
MOVED TO AMEND THE AGENDA BY REMOVING ITEM 11-B, PROFESSIONAL SERVICE AGREEMENT
TO EXTEND CABLE CONSULTING SERVICES, REMOVING 11-D, APPOINTMENT TO PUBLIC
FACILITIES DISTRICT BOARD, AND TO APPROVE THE AMENDED AGENDA AND CONSENT AGENDA.
DEPUTY MAYOR PETERSON SECONDED. MOTION CARRIED.
Consent Agenda Items:
Council minutes of December 6, 2007.
Bernaff, Department of Ecology employee in Lacey, addressed the Council
regarding an issue of pedestrian and bicyclist safety at the intersection of
3rd Avenue and College Street. He commented that when crossing
College Street, the pedestrian signal allows crossing at the same time
motorists, coming off 3rd Avenue, are going north on College Street.
He said he has had several near misses on his bicycle when vehicles have turned
into him during crossing. He asked the City to review the signal timing at this
intersection as well as the one at Desmond Drive and Martin Way. He suggested
allowing more pedestrian crossing time. Greg Cuoio, City Manager, responded the
City has been reviewing this issue over the past year and will refer it to the
Transportation Committee for further discussion.
Blue Peetz, Co-Director of Garden Raised Bounty, announced that the capital
campaign to raise funds for the farm is now debt-free. He thanked the City of
Lacey for its support of the GRUB program over the years. GRUB plans to build
100 gardens in 2008 of which 11 will be in Lacey. Mr. Peetz remarked with the
addition of the farm, the organization can expand its youth employment program
for teens. Rachel Offing, crew member, shared her positive experience as a
participant in the GRUB program. Mayor Clarkson thanked GRUB for the wonderful
work they do.
(1301) adopts the annual budget of the City of Lacey for the 2008 fiscal year in
the amount of $147,780,299. The budget increased 4.5% from 2007. Greg Cuoio,
City Manager, stated a Public Hearing was held on December 6, 2007. One person
testified to thank Council for their support of the Visitor and Convention
Bureau. No additional comments have been received since the hearing.
COUNCILMEMBER BURGMAN MOVED TO APPROVE ORDINANCE (1301) ADOPTING THE ANNUAL
BUDGET OF THE CITY OF LACEY FOR THE 2008 FISCAL YEAR. COUNCILMEMBER DEAN
SECONDED. MOTION CARRIED.
Ordinance (1302) amends Section 5.24.130 of the Lacey Municipal Code (LMC)
setting the requirements for obtaining a for-hire driver’s license. Chief
Pierpoint provided an overview of the modifications for applications of a
for-hire driver’s license. Changes included increasing the minimum age from
eighteen to twenty-one, and reducing the number of photographs required from
three to one.
The General Government & Public Safety Committee reviewed the issue at their
November 21, 2007, meeting and recommended the approval of the proposed changes
to LMC Section 5.24.130.
Mayor Clarkson questioned whether raising the age to 21 would limit
opportunities for young military personnel who may wish to apply for a taxi cab
driver’s license following their departure from service. He noted that many of
them have prior driving experience from their years in the service.
Councilmember Burgman responded her concern is public safety, and increasing the
age limit to 21 years reduces the potential for inexperienced drivers to apply.
Deputy Mayor Peterson remarked that she did not see a connection between
increasing the age limit and driving in the military. She noted making these
changes would provide consistency throughout the ordinance. Councilmember Dean
commented that it is reasonable to require that a driver is experienced before
transporting customers. Councilmember Nelson remarked that if a young person
enlists at 18 and fulfills their two year tour of duty, they would already be 20
years plus when they separate from the service. He does not think increasing the
age limit impacts their opportunities for employment.
COUNCILMEMBER BURGMAN MOVED TO ADOPT ORDINANCE (1302) AMENDING SECTION
5.24.130 OF THE LACEY MUNICIPAL CODE CHANGING REQUIREMENTS FOR OBTAINING A
FOR-HIRE DRIVER’S LICENSE FROM 18 YEARS OF AGE TO 21 YEARS, AND REDUCING THE
NUMBER OF PHOTOS REQUIRED FROM THREE TO ONE. COUNCILMEMBER DEAN SECONDED. MOTION
Ordinance (1303) modifies the City of Lacey’s Business and Occupation Tax
Ordinance to be in compliance with the Model B & O Tax mandated by the State
Legislature for January 1, 2008, and amends Sections 3.02.040, 3.02.110, and
3.02.080, of the Lacey Municipal Code (LMC).
Ken Ahlf, City Attorney, stated in 2004, the existing B & O Tax ordinance
was codified as Chapter 3.02 of the Lacey Municipal Code. Since then, the State
has mandated that revenue from the sales of tangible personal property be
reported in the place where delivery occurs which may not be in the same place
as where the sale is made. The changes in the legislation have resulted in a
directive that mandatory changes be made in the Business and Occupation Tax
Ordinances of each jurisdiction within the State.
Mr. Ahlf noted changing the place of reporting income will be beneficial to some
and detrimental to others. In addition, the reporting of income from services
will be substantially more complicated than the current process. However, both
changes are mandated by the State.
COUNCILMEMBER SACKRISON MOVED TO APPROVE ORDINANCE (1303) AMENDING THE LACEY
MUNICIPAL CODE TO MODIFY THE CITY’S CURRENT BUSINESS AND OCCUPATION TAX
ORDINANCE TO BE IN COMPLIANCE WITH THE STATE MANDATE. COUNCILMEMBER NELSON
SECONDED. MOTION CARRIED.
presented Council with a request to approve Donald Melnick, Richard Sovde, and
Kenneth Mitchell to a first full-time term on the Planning Commission.
COUNCILMEMBER SACKRISON MOVED TO APPROVE THE APPOINTMENT OF DONALD MELNICK,
RICHARD SOVDE, AND KENNETH MITCHELL TO A FIRST FULL-TERM ON THE PLANNING
COMMISSION. DEPUTY MAYOR PETERSON SECONDED. MOTION CARRIED.
CITY MANAGER'S REPORT:
Jim Sheler, Parks
& Recreation Director, presented Council with a request for approval to
award a contract to low bidder, Ceccanti, Inc. for the development of Phase II
of the Regional Athletic Complex in the amount of $11,924,000, including state
sales tax for the Base Bid and Alternates #1-11. The Engineer’s Estimate is
Mr. Sheler stated Phase II completes the original 68 acres of the complex
located at the southeast corner of Steilacoom and Marvin Road. Improvements
include two additional turf soccer fields; conversion of one soccer field to
synthetic surface with lights; one full size baseball and four lighted
baseball/softball fields with synthetic infields; four basketball courts; a
community park with picnic facilities and playgrounds; parking, restrooms,
concession, bleachers and on-site administration building.
Ken Ahlf, City Attorney, said state law requires all public bids to list all
electrical, HVAC, and plumbing contractors. That requirement was included in the
instructions to bidders for the Regional Athletic Complex, Phase II2. However,
those instructions also indicated that other subcontractors were to be listed.
The low bidder, Ceccanti, Inc., complied with state statute requirements for
electrical, HVAC, and plumbing subcontractors; they did not list other
subcontractors, because they indicated that a substantial portion of the work
would be performed by the general contractor. Emerick Company, the second low
bidder, did list the subcontractors and their bid came in higher. They contested
Ceccanti’s bid. Mr. Ahlf said since this oversight is an insubstantial variance
it does not give one bidder a substantial advantage over other bidders. Staff
recommends that Council waive this discrepancy and award the contract to the low
DEPUTY MAYOR PETERSON MOVED THAT COUNCIL WAIVE THE FAILURE TO LIST A PORTION
OF THE SUBCONTRACTORS AND AWARD THE CONTRACT TO THE LOWEST QUALIFIED BIDDER,
CECCANTI, INC. FOR PHASE II OF
THE REGIONAL ATHLETIC COMPLEX INCLUDING THE BASE BID AND ALL ALTERNATIVES, BEING
ALTERNATE NUMBER 1-11 IN THE AMOUNT OF $11,924,000, INCLDUING APPLICABLE STATE
SALES TAX. FURTHER, THAT THE CITY MANAGER IS AUTHORIZED TO ENTER INTO THE
CONSTRUCTION CONTRACT WITH CECCANTI, INC. CONTINGENT UPON RECEIVING A LIST OF
THE REMAINING SUBCONTRACTORS TO BE UTILIZED ON THE PROJECT WHICH SUBCONTRACTORS
ARE ACCEPTABLE TO THE CITY. COUNCILMEMBER BURGMAN SECONDED. MOTION CARRIED.
Councilmember Sackrison requested for the record, it
be noted that the language for the motion is the same language in the Memo of
Understanding drafted by City Attorney, Ken Ahlf, and distributed to Council.
Scott Spence, Assistant City Manager, presented
Council with a request to extend the City of Lacey’s existing TCTV Operating
Agreement, which will expire at the end of 2007. The agreement governs the
production and broadcast services provided by TCTV for local cable programming.
TCTV is a non-profit organization and not affiliated with Comcast Cable.
Mr. Spence stated currently, Lacey pays $78,288 or
16% of TCTV’s total operating budget ($484,044). The base amount adjusts each
year by the Implicit Price Deflator. In return, the City obtains access to
TCTV’s facilities and equipment, receives 665 production hours for programming
each year, and TCTV coverage of public meetings in Thurston County.
An extension of the TCTV Operating Agreement is
needed, because the City of Lacey, Olympia, Tumwater, and Thurston County are in
the process of re-negotiating a new franchise document with Comcast Cable. An
item of negotiation is capital support for the local access television provider.
The level of capital support negotiated will influence the amount paid to TCTV.
This is why a single year extension is recommended at this time versus a
multi-year contract. Franchise negotiations with Comcast Cable will continue
until the end of 2008. Staff is requesting that Council extends the TCTV
Operating Agreement until December 31, 2008.
DEPUTY MAYOR PETERSON MOVED TO AUTHORIZE THE CITY
MANAGER TO SIGN A MEMO OF UNDERSTANDING EXTENDING THE TCTV OPERATING AGREEMENT
UNTIL DECEMBER 31, 2008. COUNCILMEMBER DARBY SECONDED. MOTION CARRIED.
STANDING GENERAL COMMITTEES:
Councilmember Sackrison reported the Committee met on December 7, 2007, to
discuss traffic concerns on Ruddell Road and traffic calming devices on
22nd Avenue between Lilly and Ruddell Roads.
Staff conducted a speed study on Ruddell Road, which showed that 85 percent of
the drivers averaged speeds of 41 miles per hour or less. The legal speed limit
on the section of Ruddell Road studied is 40 mph. Staff also compared accident
rates from 2004 through 2007, and the rate of accidents per million vehicles is
1.92, which is comparable to the state average of 2.0.
After reviewing the data, Committee members agreed that recent accidents on
Ruddell Road are attributed to driver error not road conditions. The Committee
does not recommend changes to the speed limit or the installation of a
roundabout at 45th Avenue.
In response to concerns from a citizen about speeding on 22nd Avenue,
and a request to install traffic calming devices, a City speed study was
conducted. The 8th percentile results showed that vehicles were
traveling 33.8 mph or less. Since the posted speed limit is 25 mph, staff
concluded a speeding problem does exist. Committee members discussed several
options for reducing the speed, including traffic calming devices. Staff will
research options and make recommendations to the Committee at a future meeting.
Community Relations & Public Affairs Committee:
Councilmember Dean reported the Committee met on December 7, 2007, to discuss
plans for an upcoming Mushroom Festival. The Hawks Prairie Rotary will sponsor
the new community event on June 28 & 29, 2008, at the Nisqually Middle
School. In 2009, the Mushroom Festival will be held at the Regional Athletic
Community Action Council:
Mayor Clarkson reported the Board met on December 12,
2007, to discuss flood damage to CAC property in Lewis and Mason Counties,
delivery of food to clients, and increasing funding to expand outreach efforts.
Councilmember Dean reported the group met on November
11, 2007, to discuss a bid to apply for capital campaign funds to build low
income housing. The Home Consortium formed different sub-committees to define
their mission and vision.
Human Services Review Council:
Deputy Mayor Peterson stated HSRC will meet in
January to discuss the allocation of an additional $25,000 contribution from the
City of Olympia. She suggested allocating the funds to the next group in line on
the ranking sheet.
The group also adopted Conflict of Interest
Guidelines for elected representatives who serve on HSRC. The elected must
disclose if they are part of an agency that would benefit from HSRC funding; and
must agree to vote as a representative of their jurisdiction, not as a member of
LOTT Advisory Committee:
Deputy Mayor Peterson reported the Board received a
presentation on the East Bay project. LOTT has an agreement to purchase the land
once it is cleaned up. The Hands on Children’s Museum continues to raise capital
funds and plans on building adjacent to LOTT.
The LOTT Board also received a presentation on
digester gas; selected WCIA as their insurance carrier for earthquake coverage;
and received an update on the impact of the December 3 torrential rainstorm. The
LOTT plant processed a record 57 million gallons in 24 hours.
Mayor Clarkson reported the Mayor’s Forum met on
December 7, 2007, to discuss a state statute mandating the reinstatement of the
Law and Justice Council. The group also discussed HSRC funding, upon a
suggestion by Olympia Mayor Foutch that all jurisdictions increase their funding
support for the agency.
Port of Olympia Commissioner Paul Telford addressed
the group to ask for jurisdictional support of the Port.
Sister City Association:
Mayor Clarkson reported the group sponsored a holiday
party for its members, and continues its efforts to increase
Mayor Clarkson reported TRPC has been working on a
rapid responder program for the last two years. The program was activated when
accidents occurred in South County. The Mayor suggested to the group that a
rapid responder program also be developed for North County to provide
alternative routes during emergencies.
Mayor Clarkson reported TRPC approved the regional
trail plan, and discussed a $2 million dollar grant available to maintain clean
air that will benefit all jurisdictions. The Washington Association of Sheriffs
and Police Chiefs presented a program to TRPC that photographs all public
facilities to provide a layout of the buildings for first responders. Chief
Pierpoint stated that all high school and middle school facilities will be
documented by 2009. He said schools have first priority, followed by hospitals,
and then government facilities.
In addition, TRPC approved their 2008 work plan and
adopted their 2008 budget.
Deputy Mayor Peterson reported the group met on
December 18, 2007, to review events over the past year and their impact on
children. Officers were elected, which included Mayor Clarkson as Treasurer.
Transportation Policy Board:
Councilmember Sackrison stated the Board approved its
docket with no significant changes to the City of Lacey.
On behalf of the Lacey City Council and the citizens
of the City of Lacey, Mayor Clarkson acknowledged Deputy Mayor Peterson’s
outstanding public service to the community over the past 20 years.
Deputy Mayor Peterson noted this is her last official
meeting as a Councilmember. She said it has been a wonderful experience and
thanked the citizens for allowing her to serve. She encouraged others to become
involved in public service, which is a very rewarding experience.
Clarkson adjourned the meeting at 8:15 p.m.
Council minutes approved and signed on January 10, 2008