City Council
Regular MeetingTumwater, WA · December 5, 2023
Minutes
TUMWATER CITY COUNCIL MEETING
MINUTES OF HYBRID MEETING
December 5, 2023 Page 1
CONVENE: 7:00 p.m.
PRESENT: Mayor Debbie Sullivan and Councilmembers Peter Agabi, Joan
Cathey, Charlie Schneider, and Eileen Swarthout.
Excused: Councilmembers Michael Althauser, Leatta Dahlhoff, and
Angela Jefferson.
Staff: City Administrator Lisa Parks, City Attorney Karen
Kirkpatrick, Finance Director Troy Niemeyer, Transportation and
Engineering Director Brandon Hicks, Water Resources and
Sustainability Director Dan Smith, Engineering Services Manager Bill
Lindauer, Economic Development Manager Austin Ramirez, and City
Clerk Melody Valiant.
PUBLIC COMMENT: Mike Culley, 7415 Fairview Road, Tumwater, said he is a member
of the Tumwater Parks and Recreation Commission. He thanked
Councilmember Schneider for being a good friend and a supporter of
the Tumwater Youth Program (TYP). Councilmember Schneider and
his wife have contributed to the City, as well as in their support of
him. He presented Councilmember Schneider with a large cheese and
pepperoni pizza in recognition of their participation in many TYP
events.
CONSENT a. Approval of Minutes: City Council Work Session, November 14,
CALENDAR: 2023
b. Approval of Minutes: City Council, November 21, 2023
c. Payment of Vouchers
d. Ordinance No. O2023-016, Business and Occupation Tax Code
Update
e. Interlocal Agreement with the Regional Housing Council for the
Franz Anderson Project
f. Memorandum of Participation in the Firefighter Injury and Illness
Reduction (FIIRE) Pilot Program for 2024
g. 2024 Legislative Agenda
h. Cancellation of the December 19th Regular Council Meeting
MOTION: Councilmember Swarthout moved, seconded by Councilmember
Schneider, to approve the consent calendar as published. The
motion carried unanimously.
Mayor Sullivan reviewed the items approved on the consent calendar.
COUNCIL
CONSIDERATIONS:
SERVICE Manager Ramirez briefed the Council on the proposed contract with
TUMWATER CITY COUNCIL MEETING
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December 5, 2023 Page 2
PROVIDER Thurston Economic Development Council (EDC) for economic
AGREEMENT WITH development services.
THURSTON EDC
FOR ECONOMIC Upcoming services provided by the EDC for the City include five
DEVELOPMENT main areas for addition to the scope of work. The first is convening of
SERVICES: business roundtables to help the City obtain input for preparation of
the update of the City’s Economic Development Plan. The second
new item is convening leaders from the business and development
sectors to provide input on redevelopment opportunities in the
Brewery District and along the Capitol Boulevard corridor. The
addition would be funded from two grants the City received. The
grants prioritize engagement and reuse planning. The third item is
referred to as the Innovation Cluster Accelerator Program, a new
development of the state’s Innovation Partnership Program the City
benefitted from for the Craft District. The state modified the program
from a site-specific program to industry clusters. As Thurston County
is working toward an innovation-based economy from a resource-
based economy, the focus will be on creative and makers sectors. The
City has been identified of one of few state pilot programs. The EDC
has been tasked by the state to develop and coordinate an ecosystem
pilot team. Manager Ramirez serves as a member of the team
representing Tumwater and local businesses. The fourth new item is
an annual $5.000 investment in the Lacey MakerSpace. Many
Tumwater entrepreneurs have used the facility to test new product
lines and for on-the-job training for current and future employees.
The center has become an asset for the Tumwater community. The
last new item in the scope of work is an economic impact analysis and
report on the Tumwater Artesian Brewfest.
The Council is scheduled to receive a proposal for Thurston Strong
Phase 2 term agreement. The program is very successful and the EDC
and the City are careful in the application of funds. Thurston County
is also planning for another round of childcare operator grants. The
City plans to join that effort. To accommodate the efforts, the
proposal is to extend the term agreement.
Manager Ramirez invited questions.
Councilmember Swarthout thanked Manager Ramirez for his efforts.
She supports a community-based program. She asked whether the
MakerSpace donation would require a budget request. Manger
Ramirez advised that the funds have been included in the budget
within the umbrellas of EDC funding.
MOTION: Councilmember Agabi moved, seconded by Councilmember
Schneider, to approve and authorize the Mayor to sign a Service
Provider Agreement with Thurston EDC for economic
TUMWATER CITY COUNCIL MEETING
MINUTES OF HYBRID MEETING
December 5, 2023 Page 3
development services. A voice vote approved the motion
unanimously.
CONSTRUCTION Manager Lindauer briefed the Council on a request to increase the
CONTRACT WITH change order authority from 10% to 20% for the project because of
REED TRUCKING & cost overruns in construction.
EXCAVATING, INC.
FOR THE ISRAEL The project has two main components of a water main replacement
ROAD AND and a utility undergrounding improvement project. The City is
LINDERSON replacing existing water main on Israel Road and Linderson Way, as
WAY WATER MAIN well as upgrading all service connections. The undergrounding
PROJECT, REQUEST component includes undergrounding Puget Sound Energy (PSE)
FOR ADDITIONAL overhead lines and completing service upgrades and moving other
CONSTRUCTION utility purveyor lines underground to remove all overhead utilities.
FUNDS:
The project encompasses 4,700 linear feet of water main replacement
along Israel Road from I-5 to Capitol Boulevard and 950 linear feet
along Linderson Way south of Israel Road. Undergrounding utility
trenching is from Linderson Way to Capitol Boulevard.
The project is under construction. The contractor completed the PSE
utility underground project, which was approved by PSE. The water
main was installed along Israel Road and Linderson Way. Testing has
been completed and the water main is active. All water service
connections have been completed. Outstanding components include
completion of the water main connections (16) to tie the new water
main into the existing City system. The next stage is abandonment of
the existing line with final sidewalk and pavement repair.
Construction is anticipated to be substantially complete by the end of
December.
The original contract award amount to Reed Trucking & Excavation
was $3,365,536.16. Provisions within the Tumwater Municipal Code
(TMC) provide the authority to the Director to approve any change
order provided it does not exceed ten percent. Current estimates
indicate construction costs may exceed the contract bid amount by
approximately 16 percent, which exceeds authority provided to staff
under TMC 2.14.060.
Significant factors that led to cost overruns for the project include, but
are not limited to
• Two additional in-line water valves were installed at
Tumwater High School to facilitate the water service
connection,
• Pedestrian crossing push buttons and displays required
replacement at the intersection of Linderson Way and Israel
TUMWATER CITY COUNCIL MEETING
MINUTES OF HYBRID MEETING
December 5, 2023 Page 4
Road due to discovery of previously unlocated underground
utilities,
• The project encountered a large number of unknown utilities
which significantly slowed work resulting in standby time,
additional labor and equipment expenses, and a significant
increase in traffic control costs,
• Costs have increased for temporary patching of the existing
pavement, largely due to inefficiencies caused by unforeseen
additional work,
• Poor soils were encountered, which resulted in a significant
increase in gravel purchased and incorporated into the project.
• Additional concrete curbing and sidewalk repair was required
for the project.
Additionally, the project is important to complete because it is a
component of the larger Israel Road project scheduled next year. Staff
continues to manage the costs for unexpected expenses to the extent
possible. The projection of the final cost is likely accurate.
Manager Lindauer invited questions and comments.
Councilmember Schneider asked whether the gas leak at Tumwater
High School was caused by the project. Manager Lindauer advised
that the contractor hit a gas line. Typically, gas conflicts are
addressed directly with PSE. The contractor works with PSE to
determine if the gas line had been identified. If the gas line was
identified, the contractor assumes the costs; however, if the gas line
was not identified, the contractor and PSE work together to resolve the
issue.
Councilmember Agabi inquired about the completion of road
construction. Manager Lindauer said road construction is scheduled
to be completed by July 4, 2024. Councilmember Agabi asked
whether any additional excavations of the road are planned. Manager
Lindauer replied some additional excavations are scheduled
throughout the project at different connection points. Any
components outside of the road project next year will involve a full
rebuild of the roadway section. As for those areas along Israel that are
included in next year’s project, the roadway will be repatched in the
worst locations.
Councilmember Swarthout asked whether Transportation Benefit
District (TBD) funding would cover the cost of the reconstruction and
repaving of Israel Road. Director Hicks explained that the road
project scheduled in 2024 is funded by the TBD, which serves as a
match for a federal grant.
TUMWATER CITY COUNCIL MEETING
MINUTES OF HYBRID MEETING
December 5, 2023 Page 5
MOTION: Councilmember Swarthout moved, seconded by Councilmember
Agabi, to increase the change order authority provided to the
Transportation and Engineering Director under Tumwater
Municipal Code 2.14.060 from 10 percent to 20 percent for the
Israel Road and Linderson Way Water Main project. Motion
carried unanimously.
COMMITTEE
REPORTS:
PUBLIC HEALTH & There was no report.
SAFETY:
Leatta Dahlhoff
GENERAL There was no report.
GOVERNMENT:
Michael Althauser
PUBLIC WORKS: The next meeting is scheduled on Thursday, December 7, 2023 at 8
Eileen Swarthout a.m.
BUDGET AND There was no report.
FINANCE:
Debbie Sullivan
MAYOR/CITY City Administrator Parks reported on the resignation of Deputy City
ADMINISTRATOR’S Clerk Brandy Legomina to accept a position at the City of Lacey. The
REPORT: City is working on recruitment to fill the vacancy for support to the
City Clerk.
The Parks and Recreation Department’s Tumwater Youth Program
continues to experience excellent participation and receives positive
feedback from the community as well as the active adults program and
many other recreational programs to include the basketball program.
Santa Claus visits to neighborhoods begin with the first stop at the
Deschutes Highlands neighborhood. Visits will continue through
December 21, 2023. The City’s website includes Santa’s schedule.
Based on continuing bad weather, the City is experiencing some
localized flooding with a road closure on Tyee Drive earlier in the
day. The road has been reopened. An I-5 ramp closure off Trosper
Road is expected to last through Wednesday, December 6, 2023. The
City continues to monitor weather conditions.
TUMWATER CITY COUNCIL MEETING
MINUTES OF HYBRID MEETING
December 5, 2023 Page 6
The City experienced some issues surrounding the Israel Road project
as the contractor accidently ruptured a natural gas line at Tumwater
High School with students evacuated to the stadium. Tumwater Fire
Department and Incident Command coordinated the response. PSE
was able to repair the line quickly. The event will require moving
some scheduled work forward. City Administrator Parks
complimented the project management team and communications
staff in coordinating with community members affected by the work.
Mayor Sullivan reported on the successful Christmas Tree ceremony
on Saturday, December 2, 2023. During the event, Councilmember
Schneider flipped the tree lights in recognition of his term ending at
the end of the year. Earlier in the evening, a reception was held on
behalf of Councilmember Schneider. Mayor Sullivan presented
Councilmember Schneider with a plaque recognizing his service
during the last four years.
COUNCILMEMBER
REPORTS:
Charlie Schneider: Councilmember Schneider said it has been difficult to see his term
ending and that the next chapter of his life will begin. Having served
both as a Commissioner for the Parks and Recreation Commission and
as an elected official, it has afforded the opportunity to be a voice for
the community. Although his term of office is ending, his
commitment to Tumwater and the community will continue through
his volunteerism. Councilmember Schneider cited the numerous
accomplishments during his four years as a Councilmember. He
thanked his family, friends, neighbors, and fellow elected officials and
City staff. He thanked his wife, Nancy and his mother who introduced
and encouraged him to appreciate the political process at a very young
age and for never taking it for granted.
Peter Agabi: Councilmember Agabi wished Councilmember Schneider well in his
future endeavors. He attended the recent Joint Animal Services
Commission meeting. The Commission passed the 2024 budget
reflecting an increase of 10% over 2023. For Tumwater, the fees in
2024 will be approximately $175,000.
Eileen Swarthout: At the last meeting of Thurston Regional Planning Council (TRPC),
members approved the Regional Trails Plan and reviewed the draft
strategic plan. Members participated in the quiz on TRPC’s
publication, Profile.
Joan Cathey: Many of the meetings in December were cancelled. Councilmember
Cathey plans to attend the General Government Committee and
Olympic Regional Clear Air Agency meetings on December 13, 2023.
TUMWATER CITY COUNCIL MEETING
MINUTES OF HYBRID MEETING
December 5, 2023 Page 7
ADJOURNMENT: With there being no further business, Mayor Sullivan adjourned
the meeting at 7:40 p.m.
Prepared by Valerie L. Gow, Recording Secretary/President
Puget Sound Meeting Services, psmsoly@earthlink.net
Agenda
CITY COUNCIL
MEETING AGENDA
Online via Zoom and In Person at
Tumwater City Hall, Council Chambers,
555 Israel Rd. SW, Tumwater, WA 98501
Tuesday, December 05, 2023
6:00 – 7:00 PM Farewell Reception for
Outgoing Councilmember Charlie Schneider
7:00 PM
1. Call to Order
2. Roll Call
3. Flag Salute
4. Public Comment: (for discussion of items not having a public hearing on tonight's agenda)
5. Consent Calendar:
a. Approval of Minutes: City Council Work Session, November 14, 2023
b. Approval of Minutes: City Council, November 21, 2023
c. Payment of Vouchers (Shelly Carter)
d. Ordinance No. O2023-016, Business and Occupation Tax Code Update (Shelly Carter)
e. Interlocal Agreement with the Regional Housing Council for the Franz Anderson Project (Brad
Medrud)
f. Memorandum of Participation in the Firefighter Injury and Illness Reduction (FIIRE) Pilot
Program for 2024 (Michelle Sutherland)
g. 2024 Legislative Agenda (Austin Ramirez)
h. Cancellation of the December 19th Regular Council Meeting (Lisa Parks)
6. Council Considerations:
a. Service Provider Agreement with Thurston EDC for Economic Development Services (Austin
Ramirez)
b. Construction Contract with Reed Trucking & Excavating, Inc. for the Israel Road and Linderson
Way Water Main Project, Request for Additional Construction Funds (Bill Lindauer)
7. Committee Reports
a. Public Health and Safety Committee (Leatta Dahlhoff)
b. General Government Committee (Michael Althauser)
c. Public Works Committee (Eileen Swarthout)
d. Budget and Finance Committee (Debbie Sullivan)
8. Mayor/City Administrator's Report
9. Councilmember Reports
10. Any Other Business
11. Adjourn
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benefit from, the range of public programs, services, and activities offered by the City. To request an
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