City of Puyallup
City Council Regular Meeting
Mayor Turner Presiding
November 9, 2010
(These minutes are not verbatim. The meeting was recorded, and copies of the recording are retained for a period of six years from the date of the meeting and are available upon request.)
EXECUTIVE SESSION – At 5:00 p.m. Mayor Turner announced the executive session of approximately 45 minutes to discuss the performance of a public employee, with possible action to follow. City Manager Ralph Dannenberg, Lynn Stokesbary of Prothman Co., Mayor Turner,
Councilmember Hansen, Councilmember Knutsen, Councilmember Boyle, Councilmember Malloy, and Councilmember Martineau were joined in executive session by Deputy Mayor Brouillet at 5:10 p.m. At 5:50 p.m. Mayor Turner announced the extension of the executive session until 6:00 p.m.
The executive session adjourned at 5:59 p.m. prior to the start of the regular meeting.
COUNCILMEMBERS PRESENT : Mayor Turner, Councilmember Hansen, Councilmember
Knutsen, Councilmember Boyle, Councilmember Malloy, and Councilmember Martineau, Deputy
Mayor Brouillet
APPROVAL OF THE AGENDA
Council Action: A motion was made by Councilmember Martineau, second by Deputy Mayor
Brouillet, to approve the agenda. The motion passed 7-0.
APPROVAL OF THE MINUTES
Council Action: A motion was made by Councilmember Martineau, second by Deputy Mayor
Brouillet, to approve the minutes of September 28, 2010 with the addition of Ms. Elizabeth
McIntyre, WCIA, as an attendee at the Executive Session. The motion passed 7-0.
Council Action: A motion was made by Councilmember Boyle, second by Councilmember
Hansen, to approve the minutes of October 12, 2010 as submitted. The motion passed 7-0.
Council Action: A motion was made by Councilmember Boyle, second by Councilmember
Hansen, to approve the minutes of October 19, 2010 with the addition of: City Attorney Cheryl
Carlson as present at the executive session; all city council members were in attendance at the meeting; and the motion made to approve the minutes of October 5, 2010 was seconded by
Councilmember Hansen. The motion passed 7-0.
Council Action: A motion was made by Deputy Mayor Brouillet, second by Councilmember
Martineau, to approve the minutes of October 26, 2010 as submitted. The motion passed 7-0.

City Council Minutes November 9, 2010
PRESENTATIONS AND/OR PROCLAMATIONS
Proclamation declaring November 14-20 as “Hunger and Homelessness Awareness Week.”
Mayor Turner read the proclamation and presented it to Ms. Bev Cascio, and Ms. Missy Morehart,
Food Bank President.
Presentation on fire ratings by Chief Doug Willis, Central Pierce Fire and Rescue District.
Chief Doug Willis, Central Pierce Fire and Rescue (CPFR) announced that the fire district, the City of Puyallup, and the North Puyallup annexation area fire ratings were re-rated and upgraded to a
Class Three rating. These ratings are based on the amount of available services and measured on a scale of one (best) to ten (worst). Additionally, because the city is separate from the district, CPFR is working towards a Class Two rating for the city, which may have a positive impact on residential homeowner insurance rates.
Responding to a question from Councilmember Malloy, Chief Willis confirmed that Puyallup was represented on the CPFR Board of Commissioners by the ex-officio position currently held by
Councilmember Hansen, which was a non-voting position. Mayor Turner clarified that any vacant seats would be open to all Puyallup residents at the next election of fire commissioners.
CITIZEN COMMENTS
Mr. Steve Shores noted the November 19 th
first anniversary of the passing of District One
Councilmember George Dill. He discussed what he felt was a conflict with state law regarding
Puyallup’s dates and times for regular city council meetings and spoke in favor of a 7:00 p.m. meeting time on the first and third Monday of each month.
Mr. Tom Smillie pointed out that Councilmember Dill had been instrumental in the redevelopment efforts for River Road. He spoke about the lack of use of the new commuter rail parking lot and, stated any plans for the “Ezra” limited transportation between the valley and the hill should cease.
Mr. Michael Stanzel discussed copies of information he provided to the City Council relative to two hearings examiner meetings in April and June, 2007, regarding water rights for his property. He questioned the truth of many statements made by the Public Works and Planning Directors and the city attorney during those meetings. Mayor Turner ruled Mr. Stanzel out of order as he continued his comments after the allotted time had expired.
Mr. Gene Landry spoke highly of Councilmember Dill and strongly encouraged the council to listen to the constituents’ wishes for a 7:00 p.m. meeting time.
Mr. Gil Hulsmann spoke of economic development and its importance to the community, and encouraged the council to maintain the high level of competency in the city’s licensed and certified professionals, in spite of the transfer of some code inspections to Central Pierce Fire District.
Mr. David Couch spoke of Councilmember Dill and how his representation was missed by the community.
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City Council Minutes November 9, 2010
Mr. Garth Carroll alluded to difficulties between homeless individuals and the police and suggested that an internal affairs officer or ombudsman for the police department be considered to address future allegations or complaints.
Mr. Robert Lord supported moving city operations into city-owned facilities to help address the budget shortfall. He pointed out the $50 million necessary to fix the city’s infrastructure, noted that
$65 million was spent on four facilities surrounding Pioneer Park, and suggested that needs should be met before wants. Additionally, he asked council to follow their own rules regarding meetings.
Mr. Steve Hastings stated his disappointment in the agenda item dealing with initiative and referendum and the lack of a draft ordinance for review and vote at the evening’s meeting.
Ms. Nancy VanPevenage spoke in support of a 7:00 p.m. council meeting start time, and expressed appreciation for the activities planned for the homeless as reflected in the National Hunger and
Awareness Week in Puyallup.
Mr. Tim Shirts stated his disappointment with the council for determining which rules they will and will not follow, and felt that the council would go to great lengths to keep the public from speaking as indicated by an early start time to council meetings.
Mr. Howard Schick spoke of sewers, the need for improvements, and costs associated with annexations. He suggested a moratorium on the annexation of larger properties until the city’s infrastructure could be improved as needed.
CONSENT AGENDA
Approving accounts payable, payroll and electronic fund transfers in the amount of
$5,082,058.28, and ratifying and confirming payments as previously authorized and approved by the city’s finance director.
Resolution adopting the city’s legislative agenda for 2011.
Resolution approving the Puyallup Public Library Strategic Plan 2011-2013.
Council Action: A motion was made by Deputy Mayor Brouillet, second by Councilmember
Hansen, to approve the items for payments, resolution adopting the legislative agenda, and the resolution adopting the Library Strategic Plan. The motion passed 7-0.
RESOLUTION NO. 2162
A RESOLUTION OF THE CITY OF PUYALLUP, WASHINGTON, adopting legislative priorities for 2011.
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City Council Minutes November 9, 2010
RESOLUTION NO. 2163
A RESOLUTION OF THE CITY OF PUYALLUP, WASHINGTON, adopting the Puyallup Library Strategic Plan for 2011-2013.
Resolution adopting an amendment to the post-annexation interlocal agreement with Central
Pierce Fire and Rescue pertaining to fire inspection fees.
Council Action: A motion was made by Councilmember Hansen, second by Councilmember
Boyle, to approve the amendment to the interlocal agreement with Central Pierce Fire and Rescue.
The motion passed 7-0.
RESOLUTION NO. 2164
A RESOLUTION OF THE CITY OF PUYALLUP, WASHINGTON, approving an amendment to the Interlocal Agreement between the City of
Puyallup and Central Pierce Fire and Rescue relating to fire inspection services.
Agreement to provide dispatch services for the City of Sumner.
Council Action: A motion was made by Councilmember Hansen, second by Councilmember
Boyle, to approve the agreement for dispatch services. The motion passed 7-0.
Accepting grant awards and authorizing execution of a grant agreement with King County in the amount of $119,000 and with the Washington State Department of Commerce in the amount of $100,000 for Planned Action SEPA and Transfer of Development Rights program development.
Council Action: A motion was made by Councilmember Martineau, second by Deputy Mayor
Brouillet, to accept the grant awards and authorize execution of the grant agreements. The motion passed 7-0.
PUBLIC HEARINGS
Public hearing on the establishment of proposed pre-annexation zoning for a portion of the
Van Lierop, et al., Annexation Area located on the north side of East Pioneer at the intersection of Shaw Road.
Development Services Director Tom Utterback spoke to both the zoning and the annexation explaining that the annexation was initiated under the petition method wherein property owners of
60% or more of the area for annexation request to be annexed to the city. He noted the annexation had been in process for a number of years, and a land use plan for the property entirely contained within the city’s urban growth area had been approved by the council. Mr. Utterback stated that there was no actual development proposed at the current time and there would be no change in utility service areas.
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City Council Minutes November 9, 2010
Councilmember Hansen questioned ownership of the area in the vicinity of Shaw Road, and City
Attorney Cheryl Carlson noted that city ownership of one parcel along Shaw Road had not been completed. Councilmember Knutsen raised a question of access to and from a property that could be landlocked, and Ms. Carlson noted that privately owned railroad crossings were regulated by the
Washington Utilities and Transportation Commission.
Mayor Turner declared the public hearing open at 7:10 p.m.
Mr. Tom Maskal stated that he was representing the three petitioners on the annexation and urged the council to support both the annexation and the zoning.
Mr. Robin Ordonez noted that as a Planning Commission member, the open space discussion was a critical issue during the lengthy annexation process and he was in support of the annexation, provided adequate services are provided to the area.
Ms. Sondra Johnston inquired if the current driveway on her property would be available in the future should the annexation move forward. She also pointed out that a private individual is paying taxes on the Shaw Road Extension and not the city.
In regard to public access over the railroad tracks, Ms. Carlson noted that the railroad is privately owned by Meeker Southern Railroad. Any crossings are regulated by the Washington Utilities and
Transportation Commission; however, it was her understanding that any current use would be allowed to continue.
Mayor Turner declared the public hearing closed at 7:16 p.m.
Councilmember Malloy spoke of his concern with infrastructure problems in the annexation area.
He did not support annexation even though the process had been going on for some time.
Councilmember Knutsen stated that had the matter been brought forward as a new issue, he would have agreed that additional annexations were not desirable; however, he felt that the owners of this area had been mistreated and he felt it was time to complete the annexation. Mayor Turner agreed that it was time to move forward, and noted that 125 acres of open space was a good compromise to the original intent of more acreage of the annexation area being placed in open space.
Council Action: A motion was made by Councilmember Hansen, second by Deputy Mayor
Brouillet, to establish the proposed pre-annexation zoning for the annexation area located on the north side of East Pioneer at the intersection of Shaw Road. The motion passed 6-1 (Malloy).
Public hearing and first reading of an ordinance annexing property on the north side of East
Pioneer at the intersection of Shaw Road, generally known as the Shaw/East Pioneer (Van
Lierop, et. al.) annexation.
Mayor Turner declared the public hearing open at 7:20 p.m.
Mr. Robin Ordonez spoke of his knowledge of the city’s comprehensive sewer plan and expressed concerns regarding the need for sewer services in the annexation area.
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City Council Minutes November 9, 2010
Mr. Howard Schick expressed concerns with potentially larger annexation areas and urged the council to slow down or stop annexations for a period of time, as it was first necessary to take care of existing systems.
Mr. Tim Shirts spoke about the difficulty of taking care of the newer West Hills annexation, and was unhappy that infrastructure costs in the last several years were for new developments and he felt that should change.
Mr. John Palmer, Planning Commission Chair, spoke in support of the annexation and felt that there are mechanisms in place to ensure that development pays for itself.
Mayor Turner declared the public hearing closed at 7:27 p.m.
In response to questions posed by Councilmember Knutsen, Mr. Palmer responded that the Planning
Commission deals mostly with zoning and land use issues, rather than utilities, when considering proposed developments. In response to a question from Councilmember Martineau, Public Works
Director Jim Morrow responded that there was very little infrastructure currently located in the annexation area; should services be added, it would fall to the rate payers to subsidize the improvements if there was no proposed development for the area. However, he noted that would be in direct conflict with the provisions of the Growth Management Act in that growth pays for growth. Councilmember Boyle felt that more information was needed to know what the demands of the area would be, and what may be impacted by other developments on the hill.
Councilmember Hansen questioned the use of overlays and developer agreements for different areas, and requested additional information on development agreements before final adoption of the ordinance. Mayor Turner asked whether there was a need to re-address the proposed annexation ordinance which stated there were adequate services available.
Council Action: A motion was made by Councilmember Hansen, second by Councilmember
Martineau, to approve first reading of an ordinance annexing property on the north side of East
Pioneer at the intersection of Shaw Road, generally known as the Shaw/East Pioneer (Van Lierop, et. al.) annexation. The motion passed 6-1 (Malloy).
Public hearing and second reading of an ordinance adopting the 2011 budget.
Finance Director Cliff Craig stated that there has been an amendment to the exhibit to the ordinance to show the addition of two funds that were omitted from the preliminary budget, and to change the recommendation of the Lodging Tax Advisory Committee to be consistent with the LTAC’s higher recommendation.
Mayor Turner declared the public hearing open at 7:45 p.m.
Ms. Jan Smillie questioned how the alcohol taxes not programmed into the 2011 budget because of a pending ballot issue would be used; Mayor Turner noted that a budget amendment would be brought to the council for consideration to use approximately $400,000 for streets.
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City Council Minutes November 9, 2010
Mr. Robert Lord felt there was a discrepancy in some dollar amounts presented in the budget information and was unhappy that the budget information was not available for display to the audience.
Mayor Turner declared the public hearing closed at 7:48 p.m.
Council Action: A motion was made by Councilmember Hansen, second by Deputy Mayor
Brouillet, to approve second reading of an ordinance adopting the 2011 budget as submitted. The motion passed 7-0, with a roll call vote 7-0.
ORDINANCE NO. 2966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PUYALLUP, WASHINGTON, adopting the final budget for the
City of Puyallup, Washington, for the fiscal year ending December
31, 2011 in summary form, ratifying and confirming revenues and expenditures previously implemented for the 2009-2010 biennium, as such revenues and expenditures form the basis for development of the budget for fiscal year 2011, approving revenues and expenditures for fiscal year 2011, and temporarily suspending the effect of any ordinance, code provision or other City requirement with which the fund adjustments and transfers proposed by the City Manager for the
2011 budget might be inconsistent.
ORDINANCES
Second reading of an ordinance adopting the 2010 Regular Property Tax Levy for collection in 2011.
Mr. Craig confirmed that there was no increase to property taxes for 2011, and the city was banking the ability to raise tax in the future as permitted by state law.
Council Action: A motion was made by Councilmember Malloy, second by Councilmember
Boyle, to approve second reading of an ordinance adopting the 2010 Regular Property Tax Levy for collection in 2011. The motion passed, 7-0, with a roll call vote 7-0.
ORDINANCE NO. 2967
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PUYALLUP, WASHINGTON determining and fixing the amount of funds to be raised by regular property taxes for the year 2011 for general City expenditures, for the 1998 Unlimited General Obligation
Bonds used to finance Bradley Lake Park, and for the 1999 Unlimited
General Obligation Bonds and 2004 Unlimited General Obligation
Refunding Bonds used to finance the library.
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City Council Minutes November 9, 2010
First reading of an ordinance amending section 2.04.010 “Meetings” of the Puyallup
Municipal Code relating to the start time of City Council meetings.
In response to council questions, Ms. Carlson confirmed that state law provisions as well as the
Public Open Meetings Act requires that the city meet at least one time per month. Councilmember
Knutsen favored maintaining the language in the city’s existing ordinance as he felt it reflected the intent of having a regular meeting schedule. Councilmember Hansen noted that reference to a calendar of meetings was not included in the proposed ordinance. Deputy Mayor Brouillet was in agreement with Councilmember Knutsen and supported a start time of 6:30 p.m. for meetings.
Councilmember Martineau was in agreement also, but stated her preference for the start time of
6:00 p.m.
Council Action: A motion was made by Councilmember Martineau, second by Councilmember
Boyle, to approve first reading of the ordinance as presented with the meeting start time at 6:00 p.m.
The motion passed 5-2 (Knutsen, Hansen).
Councilmember Knutsen called for a roll call vote. Mayor Turner disagreed, stating that only the mayor can call for a roll call vote as provided in
Roberts’ Rules of Order
.
Council Action: A motion was made by Councilmember Knutsen, second by Councilmember
Hansen, to call for a roll call vote on the first reading of the ordinance amending the start time for city council meetings. A roll call vote was conducted indicating five in favor, and two (Knutsen,
Hansen) opposed.
RESOLUTIONS
Resolution declaring the intent of the Puyallup City Council to provide for the powers of initiative and referendum.
Ms. Carlson summarized the process outlined in state law for implementation of the powers of initiative and referendum, and explained the meaning of both. Council discussed the pros and cons of implementation, citing concern for paid signature gatherers, special interests, and repercussions of bad initiatives being adopted. Councilmember Knutsen observed that not each and every act or law of the city council would be eligible for initiative and/or referendum. He felt the people of the community were entitled to have the options provided by the powers of initiative and referendum.
Council Action: A motion was made by Councilmember Hansen, second by Councilmember
Knutsen, to approve the resolution providing for the powers of initiative and referendum. The motion failed 2-5 (Boyle, Brouillet, Martineau, Malloy, Turner).
COUNCIL REPORTS
Councilmember Boyle spoke of the upcoming Veterans Day celebration and the following week as
National Hunger and Homelessness Awareness Week.
Councilmember Hansen spoke in remembrance of Councilmember George Dill. He spoke of his recent attendance at a regional executive policy committee regarding the interoperability of radios.
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City Council Minutes November 9, 2010
He also asked that consideration be given to taking the Cornforth Campbell parking lot and returning it to the public for parking in the downtown area; Councilmember Knutsen supported the request.
Councilmember Martineau spoke of the city’s recent clean audit, her tour of the food bank and its need for support, and noted her attendance at the St. Francis House breakfast and a homeless coalition meeting.
Councilmember Knutsen paid tribute to Councilmember George Dill. He referenced the property being developed by the golf course and requested a letter from the City Attorney’s office regarding the potential for any lawsuits in the future as he recollected the site to be located on and near a dump. He agreed with Councilmember Hansen on opening up the Cornforth lot to downtown businesses due to the availability of the Red Lot for parking. He also asked that the city manager look into what it would take for a 10% reduction in pay for the council at the first of the year.
MAYOR’S REPORT
Mayor Turner invited two other councilmembers interested in the Red Lot to join in her meeting scheduled with Sound Transit. She noted the Veterans’ Day event and an additional tribute to veterans by the Sinfonietta in Pioneer Park.
EXECUTIVE SESSION
Mayor Turner called for an executive session at 8:26 p.m. of approximately 40 minutes for the purposes of labor, litigation, personnel and real estate with action to follow. Council convened with the city manager, city attorney and all council members present except Councilmember Knutsen.
Initially joining were special legal counsel Gil Reavis and Mike Schechter, who left at 8:42 p.m. at which time Councilmember Knutsen and Senior Assistant City Attorney Kevin Yamamoto joined.
Mr. Yamamoto left at 8:50 p.m. and Human Resources Director Gail Solberg joined the session.
Councilmember Hansen was out of the room for approximately three minutes during the executive session.
At 8:57 p.m. Mayor Turner called the meeting back to order and the following actions were taken:
Council Action: A motion was made by Councilmember Hansen, second by Councilmember
Boyle to authorize the Mayor and City Manager to sign a collective bargaining agreement between the City of Puyallup and the Puyallup Police Officers Association Support Services Employees for the one-year period of January 1, 2011 through December 31, 2011, said agreement to be substantially in a form as approved by the City Attorney. The motion passed 7-0.
Council Action: A motion was made by Councilmember Boyle, second by Councilmember
Hansen, to approve the terms of the Settlement Agreement to settle the claims of all plaintiffs in the pending lawsuit of American Property Development, et. al, vs. City of Puyallup, et. al., Pierce
County Superior Court Cause No. 08-2-09814-7; to authorize the City Manager to sign such agreement substantially in a form as presented to the City Council on November 9, 2010; and to further authorize the proper City officers to sign documents necessary to effectuate the terms of the
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City Council Minutes November 9, 2010
Settlement Agreement, said documents to be substantially in a form as approved by the City
Attorney. The motion passed 6-0-1 (Knutsen abstaining).
Council Action: A motion was made by Councilmember Martineau, second by Councilmember
Boyle, to authorize the city manager to negotiate lease agreements for remaining vacant space on the first floor of the City Hall building. The motion passed 7-0.
ADJOURNMENT : 9:00 p.m.
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