Director Flamme verified that the 5 th Tuesday in May has been confirmed for the Council to meet with the Planning Commission.

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1 CITY COUNCIL MEETING March 28, :00 P.M. MINUTES City of Where Dreams Can Soar The City of Bonney Lake s Mission is to protect the community s livable identity and scenic beauty through responsible growth planning and by providing accountable, accessible and efficient local government services. I. CALL TO ORDER A. Flag Salute Mayor Young called the meeting to order at approximately 7:00 p.m. and led those in attendance in the pledge of allegiance. B. Roll Call (A1.3) In attendance with Mayor Young were Deputy Mayor Cleveland, Councilmembers Bricker, DeLeo, Marshall, Palecek, Rackley, and Swatman. Staff members present were City Administrator Dave Weitzel, City Attorney Jeff Ganson, Director of Public Works Seth Boettcher, Director of Planning and Community Development Craig Flamme, Police Chief Don Frazier, and Deputy City Clerk Ray Luevanos. C. Announcements and Appointments and Presentations 1. Announcements (A3.6.9) Deputy Mayor Cleveland announced that the Chamber of Commerce will hold its next meeting at Godfather s Pizza on April 20 th at 7 a.m. Donna Ferris will make a presentation on Emergency Preparedness for Businesses. She also announced that the joint Council meeting with the City of Sumner is tentatively rescheduled for May 10 th at 5 p.m. Mayor Young stated that prior to the next Council workshop, Councilmembers may tour the Public Works and Public Safety facilities, beginning at 3:30 p.m. on April 4 th.. Director Flamme verified that the 5 th Tuesday in May has been confirmed for the Council to meet with the Planning Commission. Mayor Young announced that the Finance Department has achieved the Financial Reporting Achievement Award from the Government Finance Officers Association for the City s Comprehensive Annual Report for Fiscal Year He also recognized City Administrator Dave Weitzel for 20 years of dedicated service to local government.

2 2. Presentations (A1.7/A3.6.4) Mayor Young recognized several employees for their dedicated years of service to the City of Bonney Lake. The following people were honored with plaques for their exemplary service: Rick Shannon Tom Jenkins Gregg Ridge Mark Kessner Rose Kessner Jerry Revellee Clyde Greenwood Mona Musgrave Don Frazier 20 Years 20 Years 21 Years 23 Years 25 Years 25 Years 26 Years 27 Years 29 Years 3. Appointments (A3.8.3) D. Agenda Modifications (A3.6.6) (For organizational clarity, agenda modification has been retained in this part of the minutes, although the discussion occurred after agenda item II. B. Citizen Comments.) Motion by Deputy Mayor Cleveland, second by Councilmember DeLeo, to add Claims to agenda item V.A.1, Payroll to agenda item V.A.2, and replacement of page 2 of 2 to Resolution No. 829, agenda item IX.B. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE ( A3.6.11, A3.6.12, A3.6.4, 3.6.5) A. Public Hearings B. Citizen Comments Rick Kuss, th Avenue East Mr. Kuss expressed his appreciation for the total participation of the Council in visiting the range. He conveyed his disappointment that there was no public participation in touring the facility. He further offered his cooperation for the continued operation of the firing range. Finally, he recommended that the firing range be certified annually by the Chief of Police. Louisa Smith, Church Lake Road Page 2

3 Ms. Smith stated that the recent election was certified on March 24 th and that the Bonney Lake High School issue passed with over 60% of the vote. She added that the Chamber of Commerce will be active in ensuring that the high school is named Bonney Lake High School. She noted that the high school will be a great addition to the community. Roger Lee, th Avenue E Mr. Lee spoke in favor of the Student Court concept and cited his personal positive experiences as an advisor at West Auburn High School. He stated that it allowed students to exhibit leadership and decision-making skills. He also emphasized the saving in actual court costs and insurance premium costs. He summarized the Student Court process and urged participation in Sumner s existing program. Councilmember DeLeo added that the Public Safety Committee members were of the same general opinion as Mr. Lee. The issue in contention is whether the state law contains provisions that allow the municipal court to remand its authority to another entity. He stated that the issue has been raised at the State level for further clarification. C. Correspondence None III. COUNCIL COMMITTEE REPORTS (A3.6.4) A. Finance Committee Deputy Mayor Cleveland commented on issues on the evening s agenda and stated that she would address any questions when the issues were presented to the Council. B. Community Development Committee Councilmember Swatman stated that the Community Development Committee met on March 20 th and summarized several items on the evening s agenda. Deputy Mayor Cleveland stated that Staff would provide the Community Development Committee with corrected minutes which will correctly reflect the abstention. C. Public Safety Committee Councilmember DeLeo reported that the Public Safety Committee had a meeting on March 20 th. The Committee reviewed the Student Court of Sumner High School. Present at the meeting were Judge Helbling, Court Administrator Kathy Seymour, Sumner Court Administrator Wendy Schuck, teacher Scott Earling, and student court judge Joe Silva. At issue was whether a student court should be Page 3

4 used in Bonney Lake to resolve student-related infractions. The issue is under further review pending legal clarification. Deputy Mayor Cleveland gave a brief report on the monthly Lake Tapps Task Force Meeting. She announced that they are now down to 34 options, with 13 of those receiving prioritization. The Federal Energy Regulation Commission (FERC) has designated two deadlines to the Task Force. June 30 th is the due date for the Final Issues List and the Final Alternatives List. September 30 th is the deadline for the Agreement in Principle submission to FERC. She also stated that the Task Force will hold a one-year community update meeting on May 4 th to review progress. The meeting will occur at the Lake Tapps Community Church. Councilmember DeLeo discussed events from the Pierce Transit Board Meeting on the 27 th of March. He stated that in exchange for free advertising, a sponsor will provide a covered bus stop in front of the Rite-Aid facility on Highway 410. Mayor Young announced that Congresswoman Jennifer Dunn has given support for an independent zip code for Bonney Lake. Further information and updates will be provided through public channels. Councilmember DeLeo announced that the first Thursday of each month, Communities for Families from the Sumner School Administration meets at the Administrative Offices in the school boardroom at 3 p.m. IV. MINUTES (A3.6.2) A. February 29, 2000 Council Workshop Motion by Deputy Mayor Cleveland, second by Councilmember DeLeo, to adopt the minutes as presented. Councilmember Marshall stated her desire to abstain from voting as she was not a member of the Council at that time. V. VOUCHERS AND PAYROLL (F4.9) A. Vouchers 1. Claims Motion Carried 6-0-1, with Councilmember Marshall abstaining. Page 4

5 Subtotal of claim checks $385, Prewritten check # in the amount of $ Check # void in check line up. Grand total of claim check # s , $385, Payroll TYPE CHECK NUMBERS AMOUNT First Pay Period Payroll $84, Checks Adjusted Net Pay Checks (1,990.70) Direct Deposits EFT 25, Monthly & Quarterly See Attached List 17, Holdhover Checks Electronic Transfers Federal Withholding&FICA 41, Total Amount of Payroll $167, for a grand total of $167, for the period covering March 1 through March 15, 2000 are approved for payment this 28 th day of March, Motion by Deputy Mayor Cleveland, second by Councilmember Rackley, to authorize claims and payroll. Deputy Mayor Cleveland noted that voucher number in the amount of $1, had been pulled pending further clarification. The revised total for claims was given as $384, VI. VII. UNFINISHED BUSINESS - None NEW BUSINESS A. Approve the reallocation of $10,000 from the Food Storage Capital Allocation, along with matching funds from the City General Fund, to purchase a van for the Senior Center. (Finance Committee reviewed 3/14/00 and 3/28/00) (F4.7) Motion by Councilmember DeLeo, second by Councilmember Bricke to approve the reallocation of funds. Councilmember Rackley requested clarification as to the cost of the van. Councilmember DeLeo replied that the cost would be approximately $62,000. He further explained that currently the Senior Center was approximately $12,000 Page 5

6 short of the purchase price with an upcoming budget amendment to make up the difference. Councilmember Bricker volunteered to go to Salem to pick up the van to avoid extra costs associated with delivery. B. Authorize the Mayor to enter into an agreement with Pierce County to receive grant funding for the Stone Soup program. (Finance Committee reviewed 3/14/00) (F 5.3 Motion by Deputy Mayor Cleveland, second by Councilmember Palacek, to authorize the agreement as presented. C. Authorize the Mayor to enter into an agreement with the White River School District to allow a disadvantaged student to gain job experience with no financial obligation to the City. (Finance Committee reviewed 3/14/00 and 3/28/00) (A 4.12) Mayor Young announced that this item is pulled from the agenda pending changes to the contract recommended by the City s legal counsel. D. Award the Lakeridge Booster Pump Station Project to Hisey Construction, Inc. Bids were opened February 10, The Lakeridge Booster Pump Station is # L8 on the Capital Improvement Plan adopted by Ordinance No. 577, which adopted the Comprehensive Water System Plan. (Community Development Committee reviewed 3/6/00 and 3/20/00) (O ) Motion by Councilmember Swatman, second by Councilmember Rackley, to award the contract as presented. Councilmember Bricker stated he was abstaining from the vote due to a possible remote conflict of interest. Deputy Mayor Cleveland noted that this item was one of two items on the agenda which were forwarded from the 2-member Community Development Committee due to Councilmember Bricker s abstentions. Motion Carried with Councilmember Bricker abstaining. E. Authorize the Mayor to sign an Annexation and Utilities Agreement with William and Janel Moffett. (Community Development Committee reviewed 3/6/00) (O 3.2) Page 6

7 Motion by Councilmember Swatman, second by Councilmember Rackley to authorize the agreement. Councilmember Swatman requested that Director Flamme address the Council regarding the location and sizes of the proposed lots. Director Flamme detailed that the initial design contained 15,000 square foot lots with septic systems. Currently the project has been re-designed for sanitary sewer systems and equates to 5.34 lots per acre, which falls under the County s maximum zoning density guidelines of 6 lots per acre. He urged approval of the annexation petition. Councilmember Swatman confirmed with Director Flamme that was comparable to what could be developed within the City under the Plan Unit Development (PUD). He also clarified that the primary reason this was before the Council was that the owners need water and sewer letters of availability prior to getting the preliminary plat approval through the Pierce County Hearing Examiner. Councilmember DeLeo questioned the possible recreational value of the land set aside in accordance with the PUD requirements. Director Flamme offered possible recreational solutions. Councilmember DeLeo also asked whether the cul-de-sac conformed to emergency access standards with specific reference to length. Director Flamme replied that under PUD, street design standards can be varied by the hearing examiner. Council discussed the merits of annexing a development with smaller plot sizes. Councilmember DeLeo cited the debate that was brought to Council in previous years, saying that public opinion was in favor of larger plot sizes. He recommended that Council adhere to the 10,000 square foot lot sizes until adequate review of the PUD is accomplished. He urged further future discussion from the Council. Director Flamme clarified that currently the land in question is under county jurisdiction and that the City has no input into the lot sizes. He cited the Growth Management Act as dictating increased density requirements. He stated that annexation of this area would increase City density while also fulfilling the City s obligation to provide more affordable housing. He also added that the development design was well planned and would serve the City well. City Attorney Ganson provided input saying that the Growth Management Act drives lot sizes. He also summarized the ramifications of refusing sewer or water services to the land owners. Director Flamme stated that although the Growth Management Act impacts development of lot sizes, it has no effect on existing developments. He also Page 7

8 pointed out that a minimum of 20% of the current land would be reserved as open space. He urged Council to consider that increased density will be inevitable in some areas of the City such as along the 410 corridor. Councilmember DeLeo responded that apartment complexes within the City serve to increase population density. He contended that the land reserved for recreational purposes is primarily wetland and not developable. He concluded that annexation in this case would not benefit the City. Mayor Young suggested that Council examine City PUD ordinances. He noted that the development in question is outside of City limits, so the developers may proceed as they desire anyway. He recommended that Council vote in favor of the annexation. Roll Call Vote on the motion for annexation approval: Councilmember Swatman, yes; Councilmember Palecek, yes; Councilmember Bricker, no; Deputy Mayor Cleveland, yes; Councilmember DeLeo, no; Councilmember Marshall, no; Councilmember Rackley, yes. Motion for annexation approval Carried 4-3. F. Re-award the 45 th Street East and Crestwood Water Main Extension project to James A. Guess, Inc. Bids were opened January 27, The 45 th Street East and Crestwood Water Main Extension is # L4 on the Capital Improvement Water System Plan. (Discussed at Workshop 3/21/00, Originally awarded by the Council 2/22/00) (O ) Motion by Councilmember Swatman, second by Councilmember Rackley, to authorize the agreement as presented. Councilmember Bricker stated he was abstaining from the vote due to a possible remote conflict of interest. Deputy Mayor Cleveland noted that this was the second item to come before the Council with recommendation of only 2 committee members, due to Councilmember Bricker s abstention. Motion Carried 6-0-1, with Councilmember Bricker voting no. G. Authorize the Mayor to enter into an agreement for design and construction of the 184 th Avenue East Pedestrian Facility Project. The City is eligible to receive $75,600 from the Transportation Improvement Board. (Community Development Committee reviewed 3/20/00) (F5.2)) Motion by Deputy Mayor Cleveland, second by Councilmember Swatman, to authorize the agreement. Page 8

9 H. Authorize the Mayor to sign an agreement allowing a 1% Public Works Trust Fund Loan for the Bonney Lake Boulevard Extension. (Community Development Committee reviewed 3/20/00) (F 4.12) Motion by Deputy Mayor Cleveland, second by Councilmember Palacek, to authorize the agreement. I. Approve Change Order #1 to the Lakeridge Drive Water Main Replacement and authorize the contractor to start work. (Community Development Committee reviewed 3/20/00, Contract awarded 2/22/00) (O ) Motion by Councilmember Palecek, second by Councilmember Rackley, to authorize the change order. Councilmember Swatman explained that this project was being financed with unanticipated savings from the current project. Director Boettcher confirmed that $24,196 remained in contingency as unspent monies. VIII. ORDINANCES None IX. RESOLUTIONS A. Resolution No A Resolution of the City Council of the City of Bonney Lake declaring certain items as surplus property. (Public Hearing 3/14/00, Council Workshop 3/21/00.) (F4.6) Motion by Deputy Mayor Cleveland, second by Councilmember Palecek to adopt Resolution No B. Resolution No A Resolution of the City Council of the City of Bonney Lake accepting the annexation petition for approximately 47 acres located along 198 th Avenue East between Old Sumner Buckley Highway and SR 410, and directing that a Notice of Intent be filed with the Pierce County Review Board. (Council Workshop 1/4/00, 3/7/00, 3/21/00.) (O3.2) Motion by Councilmember Bricker, second by Deputy Mayor Cleveland, to adopt Resolution No Page 9

10 Deputy Mayor Cleveland clarified that the resolution came before Council at the March 21 st workshop. X. EXECUTIVE SESSION (A3.6.13) Mayor Young announced a 20-minute recess to Executive Session at 8:10 p.m. to discuss potential litigation and potential property acquisition. The City Council reconvened at 8:32 p.m. Motion by Deputy Mayor Cleveland, second by Councilmember Palecek, to amend the agenda for consideration of a settlement agreement. Motion by Councilmember Bricker, second by Councilmember Palecek, to accept the settlement proposal by Smith Barney Shearson. Deputy Mayor Cleveland addressed Council regarding the recent issues of Conflict of Interest. She expressed concern at the impact on the consideration of issues by the Community Development Committee, which require unanimous committee approval for consideration by the Council. She requested that Council address the issue with the intent of resolving any possible future difficulties. Councilmember Bricker recommended that Council revisit this issue in workshop. He also suggested that concurrent with its review of Council policies and procedures, Council amend the recommendation requirements of the Committees to reflect a majority decision versus a unanimous decision. Councilmember DeLeo recommended a swap of a Public Safety Committee member with Councilmember Bricker to alleviate any future problems. Councilmember Swatman stated that although it would be unfortunate to lose Councilmember Bricker s experience, it would serve the best interests of the public to switch committee members. Deputy Mayor Cleveland emphasized that there is no legal obligation to switch committee members. This suggestion would be solely for the Council s benefit. Page 10

11 Councilmember Bricker advised that the issue go to a vote and stated that he would acquiesce his Community Development Committee involvement if it were the will of the Council. Councilmember Palecek stated that the legalities involved justify a switch in committee members. Motion by Councilmember DeLeo, second by Deputy Mayor Cleveland, to swap Councilmember Palacek for Councilmember Bricker on the Community Development Committee. Councilmember Rackley expressed his desire to abstain from the vote because of the complexity of the conflicting issues. He cited the balance of Councilmember Bricker s planning experience against the interests of conducting Council business. Councilmember Bricker reminded Council that his abstention would be called for whether he was a member of the Community Development Committee or not. He expressed disappointment that Deputy Mayor Cleveland raised the issue without offering him the opportunity to prepare a response. He also added that the legal issues should be fully researched prior to Council s vote. Deputy Mayor Cleveland explained that this was an unplanned discussion with the primary purpose of resolving a recurring issue. She expressed disappointment that Councilmember Bricker would sustain a position that breaches the comfort level of the Council in regards to conducting business. Councilmember Bricker replied that he called for a vote to resolve the issue. Motion Carried 5-1-1, with Councilmember Bricker voting no, and Councilmember Rackley abstaining. Mayor Young cited the change as an improvement to the Council process. Deputy Mayor Cleveland announced that the Washington State Auditor s Office was requesting employment information regarding each Councilmember and their spouse. She emphasized that the timing of the request was coincidental to the issues before Council. Councilmember Bricker requested that clarification be given as the need for spousal information. Mayor Young responded that the issue related to any possible indirect influence regarding City business. He stressed that private issues become part of a public office and are subject to public disclosure. Page 11

12 Councilmember DeLeo announced that in accordance with Deputy Mayor Cleveland s request, he had a written proposal for using portable temporary facilities on existing City grounds as a short-term remedy to the City s space needs. XI. ADJOURNMENT Motion by Deputy Mayor Cleveland, second by Councilmember Rackley to adjourn at 8:45 p.m. Bob Young, Mayor Ray Luevanos, Deputy City Clerk Page 12