BUCKLEY CITY COUNCIL MEETING AGENDA September 25, 2018 Multi-Purpose Center, 811 Main Street City Council Meeting Opening 7:00 P.M.

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1 BUCKLEY CITY COUNCIL MEETING AGENDA September 25, 2018 Multi-Purpose Center, 811 Main Street City Council Meeting Opening 7:00 P.M. Call to Order Next Ordinance #15-18 Pledge of Allegiance Next Resolution #18-07 Roll Call of Council Members Next Agenda Bill #AB A. Citizen Participation Pg.11 Marvin Sundstrom: Rainier Gateway Laura Baldwin: Illegal Hunting Time Limit of Three Minutes (Must sign up at City Hall by Wednesday prior to the Council Meeting) B. Staff Reports C. Main Agenda 1. ORD Amending BMC Limiting Number of Marijuana Grow & Processing Pg RES Approving Fee Waiver Schedule for MPC and YAC Pg Agreement Planning Consultant Services Pg Purchase Agreement: Fire Truck Pg SAFER Grant Acceptance Fire Department Pg.63 D. Consent Agenda Pg A. Approve Minutes of August 28, 2018 City Council Meeting B. Claims C. Transfer Voucher E. Committee Reports 7. Mayor s Report Johnson 8. Administration, Finance & Public Safety Tremblay 9. Transportation & Utilities B. Burkett 10. Community Services S. Burkett 11. Council Member Comments & Good of the Order Council may add and take action on other items not listed on this agenda Pg.1

2 CITY OF BUCKLEY PO BOX 1960 BUCKLEY, WA Fax CITY OF BUCKLEY MEETING LIST Sept 24 7:00 PM Planning Commission Sept 25 9:30 AM Admin, Finance & PS (City Hall) - BUDGET Sept 25 7:00 PM City Council Oct 2 7:00 PM City Council Study Session Oct 8 10:30 AM Buckley Hall Board Oct 8 7:00 PM Planning Commission Oct 9 9:30 AM Admin, Finance & PS (City Hall) BUDGET Oct 9 7:00 PM City Council Oct 16 7:00 PM Transportation & Utilities (City Hall) BUDGET Oct 18 1:00 PM Community Services (City Hall) BUDGET Oct 22 7:00 PM Planning Commission Oct 23 9:30 AM Admin, Finance & PS (City Hall) - BUDGET Oct 23 7:00 PM City Council Oct 30 7:00 PM Council Workshop Budget Presentations The above meetings will be held in the Multi-Purpose Center located at 811 Main Street unless otherwise noted. Last Revised September 17, 2018 Pg.2

3 September 2018 Sun Mon Tue Wed Thu Fri City Council Study Session :30 Buckley Hall Board 7 Planning Commission 11 9:30 Admin, Fin & PS 7 City Council Transportation & Utilities (BUDGET) Community Services (BUDGET) Planning Commission 25 9:30 Admin, Fin & PS BUDGET 7 City Council Pg.3

4 October 2018 Sun Mon Tue Wed Thu Fri Sat City Council Study Session :30 Buckley Hall Board 7 Planning Commission 9 9:30 Admin, Fin & PS BUDGET 7 City Council Transportation & Utilities BUDGET Community Services BUDGET Planning Commission 23 9:30 Admin, Fin & PS BUDGET 7 City Council Council Workshop (BUDGET) Pg.4

5 Fall Meeting Schedule 2019 Budget Preparation Pg.5

6 August 2018 Sun Mon Tue Wed Thu Fri Sat Council Joanne 9 AM Alan P 9 AM Julie B. 3 PM Chris B. 3 PM Mike 9 AM Jessica C 9 AM Chris B. 9 AM Shane 3 PM Jim A. 3 PM Sheila 9 AM 28 Council Jim D. 9 AM Pg.6

7 September 2018 Sun Mon Tue Wed Thu Fri Sat Labor Day Holiday 4 Council Workshop Council Committee 9:30 AM A/F/PS Budget(1) Committee 7:00 PM T /U Budget (1) Committee 1:00 PM CS Budget (1) Council Committee 9:30 AM A/F/PS Budget(1) Pg.7

8 October 2018 Sun Mon Tue Wed Thu Fri Sat 1 2 Council Workshop Council Committee 9:30 AM A/F/PS Budget (2) Committee 7:00 PM T & U Budget (2) Committee 1:00 PM CS Budget (2) Council Committee 9:30 AM A/F/PS Budget (3) Council Workshop - 1st Departmental Budget Presentations 31 Pg.8

9 November 2018 Sun Mon Tue Wed Thu Fri Sat Council Workshop - Final Departmental Budget Presentations Council-Public Hearings (Budget & Levy) Thanksgiving- Holiday 23 Thanksgiving- Holiday Council - Set Property Tax Final Budget Discussion Pg.9

10 December 2018 Sun Mon Tue Wed Thu Fri Sat Council Workshop Council - Adopt Final 2019 Budget Holiday Christmas Pg.10

11 A. CITIZEN PARTICIPATION Pg.11

12 Pg.12

13 Pg.13

14 B. STAFF REPORTS Pg.14

15 C. MAIN AGENDA Pg.15

16 CITY COUNCIL AGENDA BILL ITEM INFORMATION City of Buckley PO Box 1960 Buckley, WA SUBJECT: Agenda Date: September 25, 2018 AB Department/Committee/Individual Created Reviewed Planning commission response to Mayor Pat Johnson City Administrator Dave Schmidt X moratorium ordinances and City Attorney Phil Olbrechts X 14-18, recommendation to approve City Engineer Dominic Miller ordinance amending Chapter 35 City Clerk Treva Percival X BMC. Finance Dept Sheila Bazzar Building Official Mike Deadmond Fire Dept Chief Predmore Cost Impact: Parks & Rec Dept Julie Bevaart Fund Source: Planning Dept Kathy Thompson X X Timeline: Police Dept Chief Arsanto Municipal Court Jessica Cash PW/Utilities Chris Banks Attachments: ordinance, commission report and recommendation SUMMARY STATEMENT: The Buckley City Council passed Ordinance on March 27, 2018, as an emergency moratorium; the ordinance was effective on the day it was passed; it was renewed August 28, The planning commission reviewed the moratorium ordinances and devised a response to the issues raised in the ordinances and two separate issues not mentioned in the initial moratorium ordinance. The details of the amending ordinance are in the attached commission report. COMMITTEE REVIEW AND RECOMMENDATION: Planning Commission RECOMMENDED ACTION: MOTION to Approve ORD - 18 Amending BMC Limiting the Number of Marijuana Grow & Processing as Recommended by the Planning Commission. RECORD OF COUNCIL ACTION Meeting Date Action Vote Pg.16

17 ORDINANCE NO. -18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUCKLEY, PIERCE COUNTY, WASHINGTON, AMENDING THE CITY S GENERAL REQUIREMENTS FOR MARIJUANA FACILITIES TO LIMIT THE NUMBER OF PARCELS USED FOR PRODUCING AND PROCESSING MARIJUANA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the state legalized recreational and medical marijuana use in the State of Washington under Chapters RCW and 69.51a RCW, and Chapter 314 WAC; and WHEREAS, the City established companion regulations through adoption of Ordinance No (BMC 19.35) clarifying definitions and adding extra limitations concerning recreational and medical marijuana retail, production and processing; and WHEREAS, BMC was adopted to regulate the City s marijuana facilities; and WHEREAS the City contains three sites on which producing and processing marijuana occur; and WHEREAS the City contains two sites on which selling marijuana occur; and WHEREAS the City desires to maintain its commercial sites for retail and other uses that provide the City with a tax base; and WHEREAS marijuana producing and processing facilities do not pay taxes on sales of their products; and WHEREAS the City desires to prevent additional facilities from locating within the City; and WHEREAS the City desires to limit the number of parcels on which marijuana facilities are located; and WHEREAS the City passed Ordinance on March 27, 2018, that placed a moratorium on the establishment of any more marijuana processing or producing sites in the City until such time the Planning Commission could review the topic and offer a recommendation; and WHEREAS, a determination of non-significance was issued August 15, 2018, in accordance with the State Environmental Policy Act; and WHEREAS, the request for expedited review was received August 7, 2018, by the Washington State Department of Commerce of the proposed change in development regulations under Material Identification Number (MID#) 25165; and WHEREAS, the City was granted expedited review on August 22, 2018, from Washington State Department of Commerce of the proposed change in development regulations; and Pg.17

18 WHEREAS, the Planning Commission conducted a public hearing on this proposal on September 10, 2018; and WHEREAS, the Planning Commission considered documents and comments, and issues a recommendation to the City Council to approve the proposed ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUCKLEY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2. Ordinance is hereby repealed. A new subsection is added to BMC to read as follows: (12) Marijuana research facilities are disallowed in all zones. Section 3. Section of the Buckley Municipal Code is amended to read as follows: Recreational retail. (1) Retail facilities shall have a separation distance of 3,000 feet, measured from the perimeter of the individual state-licensed marijuana retail store. (2) The limit on parcels used for retail marijuana facilities shall be two. (3) A boundary line adjustment shall not be allowed to enlarge the parcel. Section 4. Section of the Buckley Municipal Code is amended to read as follows: Marijuana producing. (1) Industrial hemp producing and processing shall be considered an agricultural crop and be exempt from the City s marijuana regulations. (2) Outdoor marijuana production is not allowed. (3) Production in a residential zone shall have the following performance standards: (a) A barrier buffer (BMC (2)) and may use a secondary agricultural crop outside the facility; (b) A minimum lot size of two and one-half acres; and (c) Structural setbacks of 50 feet from each property line. (d) Processing may be co-located with producing facilities. (4) The limit on parcels used for marijuana processing shall be three. (5) A boundary line adjustment shall not be allowed to enlarge the parcel. Section 5. BMC is amended as follows: Marijuana processing. (1) Extraction of oils from the marijuana plant is to be done by nonvolatile methods, such as closed loop systems or carbon dioxide. (2) Processing in a residential zone shall have the following performance standards: (a) A barrier buffer (BMC (2)) and may use a secondary agricultural crop outside the facility; (b) A minimum lot size of two and one-half acres; and (c) Structural setbacks of 50 feet from each property line. (d) Producing may be co-located with processing facilities. Pg.18

19 (3) The limit on parcels used for marijuana processing shall be three, provided that drying, packaging, and labeling marijuana grown on site shall not for this section be considered processing. (4) A boundary line adjustment shall not be allowed to enlarge the parcel. Section 6. That this ordinance shall be transmitted to the Washington State Department of Commerce, pursuant to RCW 36.70A.106. Section 7. If any provision of this ordinance is held invalid, such invalidity shall not affect any other provision, or the applications thereof, which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are to be declared severable. APPROVED by the Buckley City Council this 25 th day of September, ATTEST/AUTHENTICATED: MAYOR, PAT JOHNSON CITY CLERK, TREVA PERCIVAL APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY: BY Pg.19

20 City of Buckley P.O. Box 1960 Buckley, WA (360) Development Code Amendment I. Introduction. Marijuana producing and processing facilities. Emergency Moratorium Ordinance #04-18, passed March 27, Expires: September 27, Renewed: August 28, To. City of Buckley Planning Commission From. City Planner Kathy James Subject. Staff Advisory Report: Findings, Conclusions, and Recommendations Hearing. Monday, September 10, 2018 City of Buckley Multi-Purpose Center 811 Main Street Buckley, WA Issues. 1. Maintaining status quo in regard to marijuana facilities while allowing business growth. 2. Disallowing marijuana research facilities at this time, even though it was not part of the moratorium ordinance. 3. Disallowing lots on which producing and processing occur to grow by boundary line adjustment. II. Basic Information. A. Application information. 1. Source of Request. The Buckley City Council passed Ordinance on March 27, 2018, as an emergency moratorium; the ordinance was effective on the day it was passed. The effects of the ordinance were the following: a. The ordinance placed a moratorium on new processing/producing operations without affecting businesses that have vested applications in the city. b. The ordinance was sent to the planning commission for its review to develop a responding ordinance that will either: continue the effects of the moratorium, modify the effects, or disallow the effects of the moratorium, and issue a recommendation on its ordinance after a public hearing. c. Required a public hearing to be conducted by the council to receive comment from the public concerning its choice to pass the emergency moratorium. d. After the public hearing with the council, the council conducted a study session to discuss the comments and provide thoughts and clarity to the intent of Ord Two planning commissioners were present to take comments back to the commission for discussion. 2. Staff Contact. City Planner Kathy James. Ordinance Report 8/28/ :34 AM Page 1 of 7 Pg.20

21 3. Land characteristics. a. Land Use. The City of Buckley is approximately 2,276 acres and limits marijuana uses to certain zones with certain buffers that must be retained, such as 1,000 feet from any school. i. Retail marijuana is allowed in the frontage overlay zone, Light Industrial (LI), General Commercial (GC), Central Commercial (CC), Historic Commercial (HC), and Neighborhood Mixed Use (NMU) zones. This use contains an addition buffer in this city, which is 3,000 feet between each retail use. Each retail use is on a large parcel, one on a acre parcel, and the other on a acre parcel, or.45 percent of the city. It should be noted that the retail uses are a small portion of each parcel. ii. Marijuana processing and producing are allowed in the Light Industrial (LI), General Commercial (GC) and, as a conditional use, in the R-20,000 zones. Producing, or growing, marijuana can be connected to producing and occur on the same parcel. Recently it came to the city s attention that the state considers drying, packaging, and/or labeling the marijuana grown on site to be processing. Current producing and/or processing (P/P) facilities are on lots that total acres, or.34 percent of the city. P/P facilities may cover much of the parcels. The smallest parcel, at acres, has plans to cover about two thirds of the parcel with P/P uses (the other third is a storm water pond). The larger parcels contain smaller facilities. iii. In total, all marijuana uses are on lots that total acres, or.8 percent of the city. b. Terrain & Vegetation. The city is atop the Osceola flow, which formed about 5,600 years ago during the Holocene period after an eruption of Mount Rainier. The mud is more like clay and is about 25 feet deep. It acts like a shield that prevents water infiltration into the sublayers under the hardened mud. This geology creates a drainage situation in which the following may be true: i. Infiltration cannot be used as a drainage technique in Buckley; the popular rain gardens will hold water, but not infiltrate as planned because of the Osceola mud beneath the soil. ii. Rain water may percolate through the topsoil (which is shallow) and sheet flow downhill; because the city geology is relatively flat, the water often ponds in place. iii. The above condition of ponding provides an opportunity for land to develop wetland characteristics simply by not being mowed regularly. iv. The entire city is shown to be within priority habitat species designation. c. Neighboring Zoning. The city contains 11 zones ranging from light industrial to low density residential (one unit/20,000 square feet of land). i. The commercial zones LI & GC are typically adjacent to LI, GC, and Neighborhood Mixed Use (NMU) zones. ii. The R-20,000 zone is typically adjacent to county lands, R-8,000, other R-20,000, and in this case, the Sensitive (S) zone. The intent of the R-20,000 zone is to be a buffer between lower densities or less urban areas and higher densities or more intense uses. iii. The NMU zone is a buffer between commercial and residential zones. It is the city s most flexible zone and allows residential and commercial uses. Ordinance Report 8/28/ :34 AM Page 2 of 7 Pg.21

22 d. History. i. Marijuana was legalized in Washington in Statewide, I-502 passed by a majority and a majority of the city s voting residents said yes. ii. The city passed a medical marijuana moratorium 2012, which was followed by a general moratorium after I-502 was approved. These moratoria were continued until 2015 because the state regulations fluctuated and Washington cities were uncertain how to proceed with their own regulations. Ordinance was passed October 13, 2015, which created Chapter BMC. iii. The city passed an interim ordinance requiring a 5,000-foot buffer between retail stores in The subsequent regulation requires a 3,000-foot buffer between retail stores. iv. The city passed a moratorium in 2016 because it was concerned about certain types of businesses (e.g. contractor yards and non-tax generating facilities) occupying the city s premier commercial properties in the General Commercial zone. In response, the commission created Ordinance that created a frontage zone in which only certain uses would be allowed and did not include contractor yards or P/P facilities. v. The city passed a moratorium in 2018 to halt additional marijuana facilities from coming into the city. This proposal is the result of that moratorium. B. Ordinance description. 1. The proposed ordinance will do the following: a. Consider the number of lots used rather than the number of facilities on a lot for restrictions. The city planning commission considered restrictions based on the size of facilities and the percentage of land used for marijuana facilities. It was determined that either possibility would be difficult to permit and/or enforce. Considering the lot rather than the facilities on the lot would allow the use to concentrate on specific areas and allow businesses to grow. If, for example, the producer that only bags his own product wanted to allow another producer to come on his site, it would be denied by the mayor when the license came to her to approve. As part of this limitation, a further restriction is to disallow boundary line adjustments to maintain the lots sizes and percentage of the city. b. Limit the number of retail facilities to two, in addition to the existing buffer requirements. c. Limit the number of producer facilities to three. d. Limit the number of processor facilities to three; further it defines the term processing to not include growers that package their own plants. For this city, the commission desires to distinguish packaging plants grown on site as part of the growing operation. e. Disallow marijuana research facilities (producers or processors dedicated to researching effects and strains) at this time because it is not prepared to dedicate land to non-tax-producing uses. 2. Ordinance will affect. a. The ordinance will affect all marijuana facilities in the city. b. No new retail would be allowed unless one of the two existing facilities is discontinued. c. No new producer lot will be allowed unless one of the existing lots discontinues its use. Ordinance Report 8/28/ :34 AM Page 3 of 7 Pg.22

23 d. Only one additional processor lot could be allowed, and one was in the works in March, though no building permit was submitted. (The future applicant uses ice to process his marijuana and has outgrown his facility in Seattle. The facility is to be located on a lot already used for retail marijuana.) e. Boundary line adjustments could not be used to grow a parcel in order to enlarge a facility. C. Noticing Information. Notices for legislative actions are mailed or ed to a list of required recipients including citizens who request them, published in the city s legal newspaper, the Enumclaw Courier Herald, and posted on the City Bulletin Boards. 1. SEPA Determination. The DNS was issued August 15, 2018, with comments due by August 29, and appeals due by September 5, Notice to Department of Commerce. The required 60-day notice was received by the state Department of Commerce August 7, 2018, under material identification number (MID#) 25165, and approved August 22, Public Hearing Notice. Public Hearing Notice and proposal description published in the Wednesday, August 15, 2018, official paper, which provided between 15 and 30 days between the notice and the hearing. III. Ordinance information. The ordinance proposes to modify three sections of Chapter Buckley Municipal Code. A. Section 1. Repeals the moratorium ordinance. B. Section General Requirements. 1. Existing code. The subsection contains 10 subsections that specify requirements for all marijuana facilities in the city, such as odor control. 2. Proposed Code. The ordinance will add an additional subsection disallowing research facilities within the city. The city doesn t contain a definition or zoning use for research facilities; however, the state states a marijuana research license is required for the licensee to produce, process, or possess marijuana to conduct scientific research on marijuana and marijuanaderived products. ( C. Section Recreational retail. 1. Existing Code. The existing section contains one paragraph specifying 3,000 feet between retail stores. 2. Proposed Code. The proposal adds a one before the existing paragraph; and adds a Number 2 to limit the number of retail facilities in the city to two; Number 3 states that no boundary line adjustment may be used to expand a business. Ordinance Report 8/28/ :34 AM Page 4 of 7 Pg.23

24 D. Section Marijuana producing. 1. Existing Code. The existing section contains three subsections allowing hemp to be grown, disallowing outdoor growing, and provisions for producing in residential neighborhoods. 2. Proposed Code. The proposal adds two subsections: Number 4 restricts the number of parcels used for producing within the city to three; Number 5 states a boundary line adjustment cannot be used to expand a business. E. Section Marijuana processing. 1. Existing Code. The existing section contains two subsections that require oil extraction to be by nonvolatile methods and requirements for siting a processing facility in a residential zone. 2. Proposed Code. The proposal adds Number 3 to limit the number of parcels used within the city to three and specifies that drying, packaging and labeling marijuana grown on site is not considered processing; Number 4 is added and states no facility can expand its business through a boundary line adjustment. IV. Ordinance Criteria Review All development ordinances must conform to the city s comprehensive plan; development ordinances should be internally consistent with the rest of the city s codes. Only one section in this chapter is applicable to this code amendment. A. Buckley Municipal Code 1.a Determination Final action. In determining what, if any, amendments to this title are to be adopted, the city council shall give due consideration to the proper relationship of such amendments to the comprehensive plan and to this entire title, it being the intent to retain the integrity and validity of the zoning districts herein described, and to avoid any isolated spot zoning changes in the zoning map. Any amendments adopted by the council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to this title. Final action on such modifications shall be subject to review and report of the planning commission prior to final passage by the council. (Ord (Exh. A), 2008; Ord , 2005; Ord. 652 Art. 9(12), 1961). 1.b Finding. 1. Review of the comprehensive plan is in the next section of this report. 2. The proposal will not affect any zoning district. 3. The council may modify the ordinance subject to the final sentence in this section. V. Buckley Comprehensive Plan. A. Element 1, Land use; goals & Policies. 1. Goal 1.6 The city should have different commercial uses to support the various needs of the Buckley community, increase the city s tax base, and support the city s small town character. Unfortunately at this time P/P uses do not produce tax benefits for the city. The P/P uses may sell its product to local retailers, which would then supply the city with tax revenue, as apportioned by the state. Ordinance Report 8/28/ :34 AM Page 5 of 7 Pg.24

25 2. Policy Intense commercial and residential development should be located on principal and minor arterials. P/P uses are not intense, not having heavy traffic; as an ancillary use, however, a P/P use should not require a separate entry, particularly if the lot already contains a marijuana facility that generates traffic. 3. Policy Public facilities and utilities should be located in the following priority: 1. Maximize the efficiency of services provided; Providing more service (water/sewer/garbage/police/fire) to several of the same uses on one lot could be considered maximizing the efficiency of services because the service provider would communicate and train one person, the land owner, about what is needed from all of the business owners on the site. This assumes that an existing owner would rent out area for additional P/P businesses. 2. Minimize the cost of services; and The ordinance would have no effect on this. 3. Minimize impacts on the natural environment. The ordinance would have no effect on this. B. Element 2, Housing; goals and policies. This element contains no applicable goals or policies for this proposal. C. Element 3, Economic Development; goals and policies. 1. Policy Focus on the health of existing businesses through public awareness campaigns and local business promotions. While not educating the public about these businesses, this ordinance provides existing businesses to grow in place and expand on their existing sites. It demands the uses be centralized rather than placed in different parts of the city. 2. Policy Jobs and businesses that are compatible with the community should be identified and programs developed to attract these jobs and/or programs to Buckley. Compatibility was decided in previous ordinances. The city holds that because a majority of the state and the city approved marijuana as a legal substance, then it should be addressed as any other business. Had the citizens of the city voted against it at the time of the state-wide vote, the city may view marijuana businesses differently. The city is at a point at which having attracted these businesses, and the state changed the tax structure so these P/P businesses provide no tax revenue, the city is running out of acreage in zones that could supply a taxable use, and the city council does not want to devote any more area to non-tax generators. 3. Policy The city s small-town attributes include at least the following: walkability across town, walkability to food, pharmacy, and businesses, residential porches facing street fronts, and large picture windows in businesses along Main Street. Providing pedestrian connections should be required as part of all development because these connections will promote pedestrian traffic to the business community. New development provides walkability because, unless waived by the city engineer and city administrator, each new building permit requires the developer to provide a sidewalk. P/P uses do not provide residential porches facing street fronts, although through design review, businesses may be required to erect a porch-like building front facing SR 410. P/P businesses will not occur on Main Street because of the proximity of schools. 4. Policy Consider the city s small-town attributes when legislating or permitting may affect one of these characteristics. This ordinance will not affect any of these characteristics. Ordinance Report 8/28/ :34 AM Page 6 of 7 Pg.25

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27 CITY COUNCIL AGENDA BILL ITEM INFORMATION City of Buckley PO Box 1960 Buckley, WA SUBJECT: Agenda Date: September 25, 2018 AB Department/Committee/Individual Created Reviewed RES No. 18- : Approving Fee Waiver Mayor Pat Johnson X Schedule for MPC and YAC City Administrator Dave Schmidt X X City Attorney Phil Olbrechts X City Engineer Dominic Miller City Clerk Treva Percival X Finance Dept Sheila Bazzar Cost Impact: N/A Building Official Mike Deadmond Fund Source: N/A Fire Dept Chief Predmore Timeline: N/A Parks & Rec Dept Julie Bevaart Planning Dept Kathy Thompson Police Dept Chief Arsanto Municipal Court Jessica Cash PW/Utilities Chris Banks Attachments: Resolution SUMMARY STATEMENT: Resolution adopting fee waiver criteria for rental of the Youth Center and Multi-Purpose Center to correspond to the process used for Buckley Hall. COMMITTEE REVIEW AND RECOMMENDATION: A/F/PS 9/25/18 (tentative) RECOMMENDED ACTION: MOTION to Approve RES No. 18- Approving Fee Waiver Schedule for MPC and YAC. RECORD OF COUNCIL ACTION Meeting Date Action Vote Pg.27

28 CITY OF BUCKLEY, WASHINGTON RESOLUTION NO. 18- A RESOLUTION OF THE CITY OF BUCKLEY, PIERCE COUNTY, WASHINGTON ESTABLISHING A FEE WAIVER POLICY FOR RENTAL OF THE YOUTH ACTIVITIES CENTER AND MULTI-PURPOSE CENTER TO COORESPOND TO THE ADOPTED WAIVER CRITERIA FOR BUCKLEY HALL. WHEREAS, BMC (2) establishes a list of waiver classifications for the rental of Buckley Community Hall; and WHEREAS, the City s Youth Activities Center and Multi-Purpose Center also have rental rates adopted through the Taxes, Rates & Fees Schedule for the publicly owned facilities but has not established or had the City Council adopt formal waiver classifications for use of these two facilities; and WHEREAS, in order to establish policies that govern the interpretation and application of fee waivers for specific qualified uses, the City Council desires to incorporate a modified version of the fee waiver classifications in BMC (2) to cover waiver classifications for the City s Youth Activities Center and Multi-Purpose Center; and NOW THEREFORE BE IT RESOLVED the City Council of the City of Buckley hereby adopts the fee waiver classification policy for the City s Youth Activities Center and Multi-Purpose Center as listed in Exhibit A, attached hereto and incorporated by this reference as if set forth in full. Introduced, passed, and approved this 25 th day of September, ATTEST: Pat Johnson, Mayor Treva Percival, City Clerk APPROVED AS TO FORM: Phil Olbrechts, City Attorney Posted: Pg.28

29 EXHIBIT A Classification Fee Description Specific Qualifications Classification I 100% waiver of all fees Meetings or activities sponsored by the City of Buckley and its various departments. Classification II Classification III Up to 100% waiver of rental fee. $75.00 non-refundable deposit. Seasonal heating surcharge may apply. Up to 50% waiver of rental fee. $75.00 non-refundable deposit. Seasonal heating surcharge may apply. Events for individuals/groups engaged in promoting activities of benefit to the community. The event shall be open free of charge to the public. Events for organizations whose membership is open to the public but who operate for the benefit of their membership. The event shall be open free of charge to the public. For example: dance clubs, neighborhood associations. Classification IV No waiver of any fees. Private events not open to the general public. For example: weddings, receptions, parties, commercial activities. Classification V N/A N/A Classification VI No waiver of rental fee. Up to 50% waiver of refundable deposit subject to a 4-5 hour minimum rental. Memorial services and funeral receptions on Monday, Tuesday, Thursday, Friday and Saturday with a minimum rental of 4(four) hours with a maximum of 5(five) hours. Sunday receptions and memorial services will be charged as a regular daily rental with full rental rates and deposits. Pg.29

30 CITY COUNCIL AGENDA BILL ITEM INFORMATION City of Buckley PO Box 1960 Buckley, WA SUBJECT: Agenda Date: September 25, 2018 AB Department/Committee/Individual Created Reviewed Agreement On-Call Planning Services Mayor Pat Johnson X Consulting City Administrator Dave Schmidt X X City Attorney Phil Olbrechts X City Engineer Dominic Miller City Clerk Treva Percival X Finance Dept Sheila Bazzar Cost Impact: TBD Building Official Mike Deadmond Fund Source: Fund 001 & 308 Fire Dept Chief Predmore Timeline: Immediate Parks & Rec Dept Julie Bevaart Planning Dept Kathy James Police Dept Chief Arsanto Municipal Court Jessica Cash PW/Utilities Chris Banks Attachments: Letter of Interest, Memorandum & Agreement SUMMARY STATEMENT: See attached memorandum. COMMITTEE REVIEW AND RECOMMENDATION: A/F/PS 9/25/18 (tentative) RECOMMENDED ACTION: MOTION to Approve the Agreement with Sound Municipal Consultants for On-Call Planning Services and Authorize the Project to Review and Update the City Sign Code. RECORD OF COUNCIL ACTION Meeting Date Action Vote Pg.30

31 City of Buckley P.O. Box 1960, Buckley WA Phone: Fax: Memo To: Mayor & City Council Date: September 19, 2018 RE: Agreement for On-Call Planning Services On July 10, 2018, the City Council approved a reorganization and restructuring of the City Planning Department with the result being a separation of duties between short-term and long-term planning areas. Despite this change, we knew that additional actions may be warranted as we moved forward; and we communicated this in the memorandum presented to City Council. Building activity and interest in land use development continues to increase putting pressure on the planning department. Rather than considering increased staffing levels during this period of activity, we believe that it is in the City s best interest to have a contract with a professional planning firm for on-call services, like we have with G&O for engineering and 4-Leaf for building services. Under an on-call contract, the City has the flexibility of using the firm only when necessary unless a special project has been identified and approved by the City Council. As such, after receiving recommendations, we reached out to Sound Municipal Consultants to see if they were interested in providing these services to the City. Sound Municipal Consultants is a well-known consulting firm that provides planning services for local municipalities like Wilkeson, Carbonado, South Prairie, and Orting and provides Hearing Services to some jurisdictions throughout the region. Sound Municipal Consultants also recently completed a review and update of the City of Enumclaw s Sign Code to comply with recent U.S. Supreme Court and lower court rulings and state law, which is something that Buckley needs to do as soon as possible. The agreement being presented for consideration is for as needed on-call planning services for land use applications as identified in Exhibit A of the agreement. Except that the agreement would also include having Sound Municipal Consultants perform a review and update to the City s Sign Code to ensure that we re in compliance with recent U.S. Supreme Court and lower court rulings and state law. Cost for these services will be paid for from application fees for the various land use processes when needed except for special projects authorized by the City Council. If approved, the review and update to the Sign Code would be paid through budgeted line items in Fund 308. Staff is requesting and recommending that the City Council approve the agreement and authorize the task of completing review and update of the Sign Code. Thank you. Dave Pg.31

32 August 16, 2018 Mr. Dave Schmidt City Administrator City of Buckley, WA 933 Main Street Buckley, WA Re: City of Buckley Contract Planning Consultant Dave, Thank you for taking the time to meet with me this week to talk about Buckley s contract planning needs. I very much enjoyed meeting you. I hope we ll get the chance to do great work together. Statement of Qualifications I am an independent planning consultant and am currently the on-call planner for the Towns of Carbonado, Wilkeson and South Prairie, WA and the City of Orting. I am also the Land Use Hearing Examiner for Pacific County and the pro tem examiner for Olbrechts and Associates with another 16 cities and counties and a school district. My practice is centered on small and rural Washington municipalities. I love the challenge of working with a small staff on a limited budget in the highly regulated environment of Washington State. I appreciate how hard small town staff works to keep up with an endless flow of difficult work while managing to provide friendly, helpful customer service. I keep my overhead low so I can provide small towns with a fair price for senior level service and experience. I am committed to helping small towns thrive. I am a former planning director with many years of experience in both planning and public works departments. From , I was the Director of Planning and Community Development at Milton, WA. In that capacity, I was the director for the Planning Division and the Building Division. I was also the SEPA Responsible Official. Our major efforts during that period were Comprehensive Plan updates, a completely re-written development code, a new best available science/critical areas ordinance and compliance with regulatory reform. Milton is also a small town. This means I handled most aspects of planning personally including working the counter, meeting with developers, writing grants, issuing SEPA determinations, and presenting to the Planning Commission, Hearing Examiner and Council. I also represented Milton at the Pierce County Growth Management Coordinating Committee for buildable lands and to the Puget Sound Regional Council. These are the same types of services I provide for each of my planning clients. I have been an independent consultant since Currently, I am the on-call planner for Orting, Carbonado, Wilkeson and South Prairie. I handle current planning (development applications and review), am the SEPA Responsible Official and Land Use Administrator, write new codes, draft ordinances and resolutions, and other work as needed. I am the primary customer contact for all land use issues and function as an extension of staff. Pg.32

33 I perform long range planning work including drafting Comprehensive Plans, Critical Areas Ordinances, Shoreline Master Plan updates and other long-range plans and studies. I ve also been working with my towns to create new customer service procedures and handouts to help the Clerk-Treasurers and other in-house staff with customer assistance on a range of planning, utility and other issues. Recently Phil Olbrechts and I completed the Sign Code Update for Enumclaw. SMC was the prime for that contract with Phil providing legal review. Phil and I have been working together in various capacities continuously for the last 14 years. Capacity to Meet the Work I regularly work with other consultants to meet the needs of my clients and provide timely services. My subconsultants and partners are all planning directors or former planning directors. We create dynamic, nimble, on-call teams that form as the need arises. I propose to augment my work when needed with members of my team. All work would be reviewed by me and the cost to the City would reflect only the rates stated below. I would be the public face and the person who interfaces with the City, the public and the development community. All subconsultants would be vetted by the City prior to performing any work for the City. I believe SMC is an excellent fit for Buckley s needs. We are local and able to meet with City Staff, the public and the development community as needed, often within the same day as the need arises. Thank you for considering me for this position. Thank you, Emily Terrell, AICP Principal Assurances Sound Municipal Consultants is fully licensed and insured to WCIA contracting standards and insurance liability limits. SMC will obtain a City of Buckley Business License prior to performing work in the city. SMC is a certified woman owned business by the Washington State OMWBE (Certificate No. W2F ). UBI No Pg.33

34 Scope of Services and Proposed Compensation Scope of Services 1. SMC will perform contract current planning services as needed for land use applications of all types (subdivision, variance, SEPA review, etc.) including: Providing a direct phone number for the firm Principal. All calls will be returned within one business day and on the same business day whenever feasible. This is a common practice for me as I provide the same services for Orting, South Prairie, Wilkeson and Carbonado. Meet with the public at City Hall to answer land use questions when posed. Coordinate and meet with land use applicants at City Hall for both general questions and formal and informal pre-application meetings, including coordinating with on-site staff and consultants, as necessary. Provide a written record of all meetings to the City Administrator, the project team and the applicant. Coordinate with on-site staff and consultants for project review meetings and ensure timely permit processing in accordance with City and State law. Meetings will be via , on the phone, or in person at City Hall, as best fits the need. Provide written project review documents including Notices of Complete or Incomplete Application, Project Review Documents, SEPA determinations and notices, Notices of Public Hearing and Staff Reports to the Planning Commission and Hearing Examiner, as appropriate. Notices will be prepared for dissemination to all affected parties and to the newspaper of record. Provide regular and efficient correspondence with the City Clerk and Administrator regarding current and upcoming land use applications, the status of those applications, potential issues and the timing of public hearings. Provide an electronic means of project tracking for City use and scheduling on a shared cloud site such as SharePoint or Box or another FTP site. Create and maintain a public communications strategy for citizen involvement and work with the City to publish that information in the most widely available and cost-effective venues. 2. Draft the City s updated sign code to comply with recent U.S. Supreme Court and lower court rulings and state law. Provide a public involvement strategy and materials and attend public open houses, Planning Commission and City Council meetings. Draft the SEPA checklist and determination, provide Commerce with review materials and create agenda bills and other materials for adoption. 3. I will also attend Council meetings, Planning Commission meetings and staff meetings, as necessary. 4. I will provide you with a list of proposed projects as I see a need. These may include updating code sections to conform to current law or court decisions, providing customer assistance materials, or other Pg.34

35 items and process improvements that will improve the efficiency of the planning function for the City and help to reduce liability. 5. I am open to negotiate on a case by case basis for more involved projects. From time to time, I may seek additional consulting help. All sub-consultants will be subject to your review and all work performed will approved in advance by the City. Proposed Fees The following fee schedule is listed by type of work. SMC anticipates that the Land Use Applications will be directly reimbursed by developers as is listed in Buckley s current fee schedule. Administrative Description of Work Hourly Fee All non-land use application (current planning) related work for City including attending at least once Council meeting, one Planning Commission meeting and one managers meeting per month, or as needed. This rate also includes all potential work related to drafting code enforcement letters and citations. Long Range Plans and Studies and Code Writing The present RFP does not list long range planning services (drafting long range planning documents such as the Comprehensive Plan), code writing or other legislatively approved actions. However, this rate is included herein in the event during the course of the contract the City determines these services are needed. Land Use Applications (Current Planning) Developer Reimbursed Fees (all project related work including pre-applications, project review, drafting notices, SEPA reviews, staff reports and presentations to hearing examiner). Developers will be asked to provide all postage and mailing materials necessary for public notice. Travel and Mileage Standard Office Materials and Equipment $110 $125 $130 No Fee No Fee Pg.35

36 CONSULTANT SERVICES CONTRACT BETWEEN THE CITY OF BUCKLEY AND SOUND MUNICIPAL CONSULTANTS THIS AGREEMENT is made by and between the City of Buckley, a Washington municipal corporation (the "City"), and Sound Municipal Consultants, a Limited Liability Company organized under the laws of the State of Washington (hereinafter the "Consultant"). RECITALS WHEREAS, the City is presently has need of on-call planning services and desires that the Consultant perform services as needed to provide the following consultation services; and WHEREAS, the Consultant agrees to perform the services more specifically described in the Scope of Services including any addenda thereto as of the effective date of this Agreement, all of which are attached hereto as Exhibit A, and are incorporated by this reference as if fully set forth herein; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: TERMS 1. Retention of Consultant - Scope of Services. The Consultant shall perform those professional services described in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full. The Consultant shall furnish all services, labor and related equipment necessary to conduct and complete the services, except as specifically noted otherwise in this Agreement. In performing such services, the Consultant shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Payment. The City shall pay the Consultant for services rendered according to the rate and method set forth on Exhibit B. 3. Relationship of Parties. The parties intend that an independent contractorclient relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or subconsultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or subconsultant of the City. In the performance of the services, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the Pg.36

37 employees, agents, representatives, or subconsultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and subconsultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar services that the Consultant performs hereunder. 4. Duration of Work. This Agreement shall be in full force and effect for a period commencing, 2018, and ending, 20, unless sooner terminated under the provisions hereinafter specified. The City and the Consultant agree that services will begin on the tasks described in Exhibit A in October The parties agree that the services described in Exhibit A shall be provided at the will of the Council; provided the contract may be extended by agreement of both parties. 5. Termination. This Agreement may be terminated by either party at any time prior to completion of the services described in Exhibit A upon ten (10) days written notice. Any such notice shall be given to the appropriate address specified in Section 16. In the event that this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for all services performed prior to the date of termination. Failure to provide services on schedule may result in contract termination. If the Consultant s insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 6. Non-Discrimination. The Consultant agrees not to discriminate against any customer, employee or applicant for employment, subcontractor, supplier or materialman, because of race, color, creed, religion, national origin, marital status, sex, sexual orientation, age or handicap, except for a bona fide occupational qualification. The Consultant understands that if it violates this provision, this Agreement may be terminated by the City and that the Consultant may be barred from performing any services for the City now or in the future. 7. Independent Status of Contractor. The parties to this contract, in the performance of it, will be acting in their individual capacities and not as agents, employees, partners, joint ventures, or associates of one another. The employees or agents of one party shall not be considered or construed to be the employees or agents of the other party for any purpose whatsoever. 8. Indemnification. A. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW , then, in the event of liability for damages arising out of bodily injury to persons or property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant s Pg.37

38 liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant s waiver of immunity under the Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. A. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Consultant s own services including the services of the Consultant s agents, representatives, employees, subconsultants or subcontractors. B. Consultant s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant s Commercial General Liability insurance policy with respect to the services performed for the City. 3. Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington. profession. 4. Professional Liability insurance appropriate to the Consultant s D. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than Pg.38

39 $1,000,000 per claim and $1,000,000 policy aggregate limit. E. Other Insurance Provisions. 1. The Consultant s Automobile Liability and Commercial General Liability insurance policies to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant s insurance and shall not contribute with it. 2. The City will not waive its right to subrogation against the Consultant. The Consultant s insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant s insurance shall be endorse to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 3. The Consultant s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 4. If any coverage is written on a claims made basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. F. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the services. H. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 10. Ownership and Use of Work Product. Any and all documents, drawings, reports, and other work product produced by the Consultant under this Agreement shall become the property of the City upon payment of the Consultant's fees and charges therefore. The City shall have the complete right to use and re-use such work product in any manner deemed appropriate by the City, provided, that use on any project other than that for which the work product is prepared shall be at the City's risk unless such use is agreed to by the Consultant. Pg.39

40 11. City's Right of Inspection. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the services authorized under this Agreement, the services must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 12. Records. The Consultant shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. The Consultant shall keep all records related to this Agreement for a period of seven (7) years following completion of the services for which the Consultant is retained, unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter and by the City. The Consultant shall permit any authorized representative of the City, and any person authorized by the City for audit purposes, to inspect such records at all reasonable times during regular business hours of the Consultant. Upon request, the Consultant will provide the City with reproducible copies of any such records. 13. Services Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subconsultants in the performance of the services hereunder and shall utilize all protection necessary for that purpose. All services shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the services. 14. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be and remain in full force and effect. 15. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding, or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the City Administrator, and the City shall determine the term or provision's true intent or meaning at its sole discretion. The City Administrator shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Administrator s determination, or if the Consultant does not agree with the City's decision on the disputed Pg.40

41 matter, jurisdiction of any resulting litigation shall be filed in Pierce County Superior Court, Pierce County, Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The prevailing party in any such litigation shall be entitled to recover its costs, including reasonable attorney's fees, in addition to any other award. 16. Written Notice. All notices required to be given by either party to the other under this Agreement shall be in writing and shall be given in person or by mail to the addresses set forth below. Notice by mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, addressed as provided in this paragraph. CONSULTANT: Sound Municipal Consultants ATTN: Emily Terrell, AICP 906 Wood Avenue Sumner, WA (253) City of Buckley ATTN: Dave Schmidt City Administrator 933 Main Street Buckley, WA (360) Subcontracting or Assignment. The Consultant may not assign or subcontract any portion of the services to be provided under this Agreement without the express advance written consent of the City. 18. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the Consultant, superseding all prior negotiations, representations or agreements, written or oral. This Agreement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement this day of, 20. CONSULTANT CITY OF ORTING By By: Its: Principal Mayor Patricia Johnson ATTEST: Joanne Starr, City Clerk APPROVED AS TO FORM: Phil Olbrechts, City Attorney Pg.41

42 Exhibit A Scope of Services 1. SMC will perform as needed all current planning services for land use applications of all types (subdivision, variance, SEPA review, etc.) including: Providing a direct phone number for the firm Principal. All calls will be returned within one business day and on the same business day whenever feasible. Meet with City staff and/or the public at City Hall to answer land use questions when posed. Coordinate and meet with land use applicants at City Hall for both general questions and formal and informal pre-application meetings, including coordinating with on-site staff and consultants, as necessary. Provide a written record of all meetings to the City Administrator, the project team and the applicant. Coordinate with on-site staff and consultants for project review meetings and ensure timely permit processing in accordance with City and State law. Meetings will be via , on the phone, or in person at City Hall, as best fits the need. Provide written project review documents including Notices of Complete or Incomplete Application, Project Review Documents, SEPA determinations and notices, Notices of Public Hearing and Staff Reports to the Planning Commission and Hearing Examiner, as appropriate. Notices will be prepared for dissemination to all affected parties and to the newspaper of record. Provide regular and efficient correspondence with the City Clerk and Administrator regarding current and upcoming land use applications, the status of those applications, potential issues and the timing of public hearings. Provide an electronic means of project tracking for City use and scheduling on a shared cloud site such as SharePoint or Box or another FTP site. Create and maintain a public communications strategy for citizen involvement and work with the City to publish that information in the most widely available and costeffective venues. 2. Draft the City s updated sign code to comply with recent U.S. Supreme Court and lower court rulings and state law. Provide a public involvement strategy and materials and attend public open houses, Planning Commission and City Council meetings. Draft the SEPA checklist and determination, provide Commerce with review materials and create agenda bills and other materials for adoption. 3. Attend Council meetings, Planning Commission meetings and staff meetings, as necessary. Pg.42

43 4. Provide a list of proposed projects as needed. These may include updating code sections to conform to current law or court decisions, providing customer assistance materials, or other items and process improvements that will improve the efficiency of the planning function for the City and help to reduce liability. 5. Provide support as needed to the City s Planning Department consisting of but not limited to communication and coordination for general land use questions. Pg.43

44 A. Proposed Fees Exhibit B Compensation and Method of Payment The following fee schedule is listed by type of work. The Consultant shall not bill for Consultant s staff positions not identified or listed in Exhibit A or bill at rates in excess of the hourly rates shown in Exhibit A, unless the parties agree to a modification of this Contract, pursuant to the terms herein. Description of Work Administrative All non-land use application (current planning) related work for City including attending at least once Council meeting, one Planning Commission meeting and one managers meeting per month, or as needed. This rate also includes all potential work related to drafting code enforcement letters and citations. Long Range Plans and Studies and Code Writing The present RFP does not list long range planning services (drafting long range planning documents such as the Comprehensive Plan), code writing or other legislatively approved actions. However, this rate is included herein in the event during the course of the contract the City determines these services are needed. Land Use Applications (Current Planning) Developer Reimbursed Fees (all project related work including pre-applications, project review, drafting notices, SEPA reviews, staff reports and presentations to hearing examiner). Developers will be asked to provide all postage and mailing materials necessary for public notice. Travel and Mileage Standard Office Materials and Equipment Hourly Fee $110 $125 $130 No Fee No Fee B. The Consultant shall submit monthly invoices to the City after such services have been performed, and a final bill upon completion of all the services described in this Agreement. The City shall pay the full amount of an invoice within forty-five (45) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. Pg.44

45 C. The City may also negotiate Not To Exceed contracts for larger scope planning projects, as the need arises. D. SMC anticipates that the Land Use Applications will be directly reimbursed by developers as is listed in Buckley s current fee schedule. Pg.45

46 CITY COUNCIL AGENDA BILL ITEM INFORMATION City of Buckley PO Box 1960 Buckley, WA SUBJECT: Agenda Date: September 25 th, 2018 AB Department/Committee/Individual Created Reviewed Fire Department Capital Purchase Mayor Pat Johnson City Administrator Dave Schmidt Fire Engine X City Attorney Phil Olbrechts City Engineer Dominic Miller City Clerk Treva Percival Finance Dept Sheila Bazzar Building Official Mike Deadmond Fire Dept Chief Predmore Cost Impact: $438,419 plus tax and licensing Parks & Rec Dept Julie Bevaart Fund Source: Fund 030 Planning Dept Kathy James Timeline: ~ 365 days Police Dept Chief Arsanto Municipal Court Jessica Cash PW/Utilities Chris Banks Attachments: Staff Report, Proposal, HGAC Pricing Agreement, Spartan Purchase Contract SUMMARY STATEMENT: The Fire Chief is recommending the purchase of a new fire engine to replace an aging fire engine. The Fire Department has explored different purchasing options and the Fire Chief recommends purchasing a new fire engine through the HGAC Group Purchasing Program. The Staff Report, Proposal, HGAC Pricing Agreement, and Purchase Contract detail further information. X X COMMITTEE REVIEW AND RECOMMENDATION: Presented to A/F/PS Committee on August 28 th, Committee supports the Fire Chief s Recommendation. RECOMMENDED ACTION: A MOTION authorizing the Mayor to execute the Purchase Contract between the City of Buckley and Spartan Motors, Inc. for the purchase of a new fire engine in an amount not to exceed $438,419, not including the cost of state sales tax and licensing. RECORD OF COUNCIL ACTION Meeting Date Action Vote Pg.46

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