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2007 11 19

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LAKEWOOD CITY COUNCIL MINUTES

Monday, November 19, 2007
City of Lakewood
City Council Chambers
6000 Main Street SW
Lakewood, WA 98499

CALL TO ORDER

Mayor Thomas called the meeting to order at 7:02 p.m.

ROLL CALL

Councilmembers Present: 7 ? Mayor Claudia Thomas; Deputy Mayor John Arbeeny; Councilmembers Ron Cronk, Pad Finnigan, Helen McGovern, Walter Neary and Doug Richardson.

FLAG SALUTE

The Pledge of Allegiance was led by Mayor Thomas.

REPORTS BY THE CITY MANAGER

None.

PROCLAMATIONS AND PRESENTATIONS

Clover Park School District Board Report.

Clover Park School District (CPSD) Vice President Connie Coleman-Lacadie congratulated Claudia Thomas and Walter Neary on their recent re-election.

Ms. Coleman-Lacadie commented on the feedback she received about the Bill Cosby Event. She announced that there will be a public meeting to receive input on the CPSD Superintendent search on November 29, 2007, from 6:30 p.m. ? 8:00 p.m., at the Clover Park School District Student Services Center, Room 4.

Ms. Coleman-Lacadie noted that the CPSD Board will meet on November 26, 2007 to discuss vending machines.

Ms. Coleman-Lacadie reported on a Washington Assessment for Student Learning (WASL) celebration that was held in October.

Ms. Coleman-Lacadie reported on a meeting that Dr. Al Cohen and the CPSD Board members held with Congressman Dicks on the Substantial Washington State Impact of Fiscal Year 2008 Defense Appropriation Bill.


Lakewood City Council Minutes -2- November 19, 2007

Ms. Coleman-Lacadie reported that the Lakeview Elementary improvements will be completed soon. The opening is scheduled to be held on February 14, 2008. She added that Lakes High School groundbreaking is being set for March 2008.

She reported on several workshops that the CPSD Board held.

PUBLIC COMMENTS

Speaking before the Council were:

Ken Severe, Lakewood resident, spoke about electrical utility taxes. He commented about The News Tribune article about the Dupont Police Chief. He then commented on gambling tax increases to pay for public safety.

Marsha Molina, Mary Haas Foundation representative, spoke about the Mary Haas Foundation and support for building a home for the Haas Family.

Glen Spieth, Lakewood Historical Society, spoke about the need for police services at Kiwanis Park. He reported that the Lakewood Historical Society is looking to find a permanent museum. He spoke about the Lakewood Speedway and Tacoma Narrows airport.

Rae Thomas, Oasis, Pierce County Foundation, spoke in support of the Oasis program.

Dennis Haugen, Lakewood resident, spoke about the opposition of candidates for election.

C O N S E N T A G E N D A

A. Approval of the minutes of the City Council meeting of November5, 2007.

B. Approval of the minutes of the City Council Study Session of November 14, 2007.

C. Approval of payroll check numbers 157, 110126 to 110165, and direct deposit check numbers 24908 to 25158, in the amount of $1,060,653.63, for the period October 16-31, 2007.

D. Approval of claim voucher numbers 43617 to 43704 and 900140, in the amount of $420,990.64, for the period ending November 8, 2007.

E. Items Filed in the Office of the City Clerk:

1. Public Safety Advisory Committee meeting minutes of September 5 and October 10, 2007.

2. Landmarks and Heritage Advisory Board meeting minutes of September 27, 2007.


Lakewood City Council Minutes -3- November 19, 2007

3. Citizens? Transportation Advisory Committee meeting minutes of October 23, 2007.

F. Motion No. 2007-49

Approving a property boundary line adjustment at 5422 74th Street W to reconfigure two parcels to develop two new commercial buildings for multiple retail tenants and fast food establishments (LU070315 ? Sound Glass).

G. Motion No. 2007-50

Approving a property boundary line adjustment to preserve open space and significant trees located on Silcox Island (LU070140 ? Werner and Howton).

Councilmember Cronk asked that Item No. E(1) be moved from the Consent Agenda to the Regular Agenda.

COUNCILMEMBER MCGOVERN MOVED TO ADOPT ITEM NOS. A-d, E(2), E(3), f and G OF THE CONSENT AGENDA AS PRESENTED. SECONDED BY COUNCILMEMBER RICHARDSON. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.

R E G U L A R A G E N D A

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Councilmember Cronk asked for clarification about the September 5, 2007 Public Safety Advisory Committee minutes and a comment that stated ?Chief Saunders noted that the City Manager would like to advise the Subcommittees as to what he?d like see them take to Council (Supplemental packages with cuts, where and/when) and Goals and Objectives.? City Manager Neiditz and Police Chief Saunders explained the context of that statement.

In reference to the October 10, 2007 Public Safety Advisory Committee (PSAC) minutes, Councilmember Cronk asked for the names of PSAC members who voted on the issue of raising a tax increase when the PSAC acted without a quorum of the members.

Assistant City Attorney McKenzie reviewed the Open Meetings Act and stated that it was his opinion that the October 10, 2007 meeting was not in violation of the Open Meeting Act as the PSAC was not acting on behalf of the governing body of the City.


Lakewood City Council Minutes -4- November 19, 2007

DEPUTY MAYOR ARBEENY MOVED TO STRIKE THE PUBLIC SAFETY ADVISORY COMMITTEE MINUTES FROM THE CONSENT AGENDA. SECONDED BY COUNCILMEMBER CRONK.

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COUNCILMEMBER RICHARDSON ASKED FOR A TWO-THIRD VOTE TO CALL FOR THE QUESTION ON THE MOTION.

ROLL CALL VOTE WAS TAKEN ON THE QUESTION FOR A TWO-THIRD VOTE RESULTING AS FOLLOWS:

AYES: 3 ? MCGOVERN, RICHARDSON, AND MAYOR THOMAS.

NAYS: 4 ? FINNIGAN, CRONK, NEARY AND ARBEENY.

The motion FAILED.

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ROLL CALL VOTE WAS TAKEN ON THE ORIGINAL MOTION RESULTING AS FOLLOWS:

AYES: 3 ? FINNIGAN, ARBEENY, AND CRONK.

NAYS: 4 ? MCGOVERN, NEARY, RICHARDSON AND MAYOR THOMAS.

The motion FAILED.

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COUNCILMEMBER NEARY MOVED TO APPROVE THE SEPTEMBER 5 AND OCTOBER 10, 2007 PUBLIC SAFETY ADVISORY COMMITTEE MINUTES. SECONDED by Councilmember MCGOVERN. VOICE VOTE WAS TAKEN AND CARRIED WITH DEPUTY MAYOR ARBEENY VOTING IN OPPOSITION.

APPOINTMENTS

Motion No. 2007-51 confirming the appointment of James Oliver, Jr. to fill an unexpired term on the Planning Advisory Board through February 11, 2010.

COUNCILMEMBER RICHARDSON MOVED TO CONFIRM THE APPOINTMENT OF JAMES OLIVER, JR. TO FILL AN UNEXPIRED TERM ON THE PLANNING ADVISORY BOARD THROUGH February 11, 2010. SECONDED BY COUNCILMEMBER NEARY. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.


Lakewood City Council Minutes -5- November 19, 2007

ORDINANCES

Ordinance No. 459 setting the 2008 property tax levy.

COUNCILMEMBER NEARY MOVED TO ADOPT ORDINANCE NO. 459. SECONDED BY COUNCILMEMBER MCGOVERN. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.

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Council recessed at 8:05 p.m. and reconvened at 8:10 p.m.

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Ordinance No. 460 adopting the 2008 City of Lakewood budget.

COUNCILMEMBER NEARY MOVED TO ADOPT AMENDED ORDINANCE NO. 460 AND InsertING the following wording for Section 3 following Section 2, and renumberING all subsequent sections appropriately:

?Section 3. Provision for Specific Appropriations

Within the budgeted total appropriation for the General Fund (Fund Number 001) there shall be specific appropriations as follow:

A. Community Policing Teams Program - The adopted budget shall provide for the implementation of a total of six community policing teams, each consisting of a Community Service Officer and a Neighborhood Patrol Officer. Implementation of each newly funded team shall be structured in a fashion such that the Community Service Officer is hired upon commencement of the 2008 fiscal year, and the Neighborhood Patrol Officer is hired by

July 1, 2008. Unforeseen circumstances in hiring processes for these positions shall be reported to the City Council in a timely manner.

B. Change to Prisoner Transport Program The adopted budget shall provide for the hiring of an additional Court Compliance Officer and such appropriate equipment as will be necessary to transport prisoners from remote holding facilities to the City of Lakewood?s Municipal Court for appropriate court proceedings. Transport services utilizing the newly created position shall commence by April 1, 2008. Unforeseen circumstances in the timely implementation of this program shall be reported to the City Council.


Lakewood City Council Minutes -6- November 19, 2007

The adopted budget shall reduce the proposed budget appropriation for contracted prisoner transport services appropriation by $101,250 and the proposed budget appropriation for a Video Arraignment System by $20,000

C. Reduction in Overtime Appropriation The adopted budget shall reduce the proposed budget appropriation for Overtime expenditures by $100,000.?

In newly numbered Section 6: Salary Range and Salary Adjustments, Subsection B, add at the end of the first paragraph: ?For senior management staff, as defined by the City Manager, the Cost of Living Adjustment shall be no more than 2.00%.?

In newly numbered Section 6: Salary Range and Salary Adjustments, Subsection B, strike the sentence: ?The Merit Increase for 2008, which shall be effective January 1, 2008, shall be a range of 3% ? 6%, based on performance criteria and outlined in a successful performance evaluation? and replace with the sentences: ?The Merit Increase for 2008, which shall be effective January 1, 2008, shall be a range of 1.5% ? 4.5%, based on performance criteria and outlined in a successful performance evaluation. For Senior Management Staff, as defined by the City Manager, the Merit Increase for 2008 shall be no more than 2.00%? WITH COUNCILMEMBERS CRONK AND FINNIGAN VOTING IN OPPOSITION. SECONDED BY COUNCILMEMBER MCGOVERN.

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COUNCILMEMBER FINNIGAN MOVED TO AMEND the amended ORDINANCE NO. 460 BY ELIMINATING A 6 PERCENT FRANCHISE TAX ON WATER AND FUND THAT WITH EMPLOYEE COMPENSATION AND EMPLOYEE HEALTH INSURANCE BENEFITS. VOICE VOTE WAS TAKEN AND THE MOTION FAILED (2-5) WITH COUNCILMEMBERS FINNIGAN AND CRONK VOTING IN THE AFFIRMATIVE.

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VOICE VOTE WAS TAKEN ON THE AMENDED ORDINANCE NO. 460 (5-2) AND CARRIED WITH COUNCILMEMBERS CRONK AND FINNIGAN VOTING IN OPPOSITION.

UNFINISHED BUSINESS

None.


Lakewood City Council Minutes -7- November 19, 2007

NEW BUSINESS

Motion No. 2007-52 awarding a bid to KBH Construction, in the amount of $425,299.20, to construct a retaining wall along Bridgeport Way SW between Flanegan Road and Leach Creek.

COUNCILMEMBER MCGOVERN MOVED TO AWARD A BID TO KBH CONSTRUCTION, IN THE AMOUNT OF $425,299.20, TO CONSTRUCT A RETAINING WALL ALONG BRIDGEPORT WAY SW BETWEEN FLANEGAN ROAD AND LEACH CREEK. SECONDED BY COUNCILMEMBER NEARY.

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COUNCILMEMBER FINNIGAN MOVED TO CONSTRUCT BID OPTION #2: A SOLDIER PILE RETAINING WALL WITH NO CONCRETE FACIA PANELS AND PLANTING OF DECORATIVE PLANTS. SECONDED BY DEPUTY MAYOR ARBEENY.

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Speaking before the Council was:

Ken Severe, Lakewood resident, spoke in support of constructing a concrete wall for longevity.

VOICE VOTE WAS TAKEN ON CONSTRUCTING A SOLDIER PILE RETAINING WALL AND THE MOTION FAILED.

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VOICE VOTE WAS TAKEN ON THE ORIGINAL MOTION TO AWARD A BID TO KBH CONSTRUCTION TO CONSTRUCT A RETAINING WALL AND CARRIED with DEPUTY MAYOR ARBEENY VOTING IN OPPOSITION.

Motion No. 2007-53 approving the 2008 Program Level I and II human services funding allocations and authorizing the City Manager to enter into agreements for said services.

DEPUTY MAYOR ARBEENY MOVED TO APPROVE THE 2008 PROGRAM LEVEL I AND II HUMAN SERVICES FUNDING ALLOCATIONS AND THAT THE GATEWAYS FOR YOUTH VISITATION AND OUTREACH PROGRAM FUNDING BE CONTINGENT UPON A RESOLUTION OF THE RECENT CONCERNS ABOUT THE GATEWAYS AGENCY. SECONDED BY COUNCILMEMBER FINNIGAN. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.

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Lakewood City Council Minutes -8- November 19, 2007

COUNCILMEMBER FINNIGAN MOVED TO AMEND THE MOTION THAT FUNDING OF CENTRO LATINO?S PROGRAM BE CONTINGENT UPON AN EXPLANATION OF THE CENTRO LATINO?S PROCESS FOR HANDLING DOCUMENTATION ISSUES WITHIN THE NEXT 30 DAYS. SECONDED BY COUNCILMEMBER CRONK. VOICE VOTE WAS TAKEN AND CARRIED WITH COUNCILMEMBER MCGOVERN AND MAYOR THOMAS VOTING IN OPPOSITION.

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COUNCILMEMBER FINNIGAN MOVED TO AMEND THE MOTION AND REMOVE THE FUNDING OF THE OASIS PROGRAM. SECONDED BY COUNCILMEMBER CRONK. VOICE VOTE WAS TAKEN (2-5) AND THE MOTION FAILED WITH COUNCILMEMBERS MCGOVERN, NEARY, RICHARDSON, DEPUTY MAYOR ARBEENY AND MAYOR THOMAS VOTING IN OPPOSITION.

Motion No. 2007-54 approving the 2008 lodging tax funding allocations and authorizing the City Manager to enter into agreements to provide tourism services.

COUNCILMEMBER RICHARDSON MOVED TO APPROVE THE 2008 LODGING TAX FUNDING ALLOCATIONS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AGREEMENTS TO PROVIDE TOURISM SERVICES. SECONDED BY COUNCILMEMBER MCGOVERN. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY.

BRIEFING BY THE CITY MANAGER

City Manager Neiditz announced that the City received a Transportation Improvement Board grant of $1.6 million for the Bridgeport Way corridor.

City Manager Neiditz spoke about a training session that was provided to City Committees, Boards and Commissions about meeting protocols, minutes and conducting meetings.

CITY COUNCIL COMMENTS

Councilmember Neary asked that staff be provided a list of the Citizens Transportation Advisory Committee members who supported raising taxes and fees for public safety.

Councilmember Richardson asked if the Gateways for Youth agency qualified for the gambling exemption.


Lakewood City Council Minutes -9- November 19, 2007

Councilmember Richardson announced that the next memorial service for the 42nd Stryker Brigade will be held on November 28, 2007, at 1:30 p.m., at Evergreen Chapel.

Councilmember Finnigan reported on the National League of Cities conference he attended at New Orleans and the sessions he participated in.

Mayor Thomas commented on the Bill Cosby events last week.

ADJOURNMENT

There being no further business, the meeting adjourned at 10:20 p.m.

_____________________________________

CLAUDIA B. THOMAS, MAYOR

ATTEST:

____________________________

ALICE M. BUSH, MMC

CITY CLERK