CITY COUNCIL MEETING April 14, 2015 7:00 P.M. AGENDA City of Where Dreams Can Soar The City of Bonney Lake s Mission is to protect the community s livable identity and scenic beauty through responsible growth planning and by providing accountable, accessible and efficient local government services. www.ci.bonney-lake.wa.us Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER Mayor Neil Johnson, Jr. A. Flag Salute B. Roll Call: Mayor Neil Johnson, Jr., Deputy Mayor Dan Swatman, Councilmember Mark Hamilton, Councilmember Donn Lewis, Councilmember Randy McKibbin, Councilmember Katrina Minton-Davis, Councilmember James Rackley, and Councilmember Tom Watson. C. Announcements, Appointments and Presentations: 1. Announcements: None. p. 5 2. Appointments: a. AB15-58 A Motion Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, To Nominate Terry Reid As Bonney Lake s Representative To the Pierce County Conservation Futures Citizens Advisory Board. 3. Presentations: a. Proclamation: 2015 Daffodil Festival Queen Ashley Becker. D. Agenda Modifications II. PUBLIC HEARINGS, CITIZEN COMMENTS & CORRESPONDENCE: A. Public Hearings: None. B. Citizen Comments: Citizens are encouraged to attend and participate at all Council Meetings. You may address the Mayor and City Council on matters of City business, or over which the City has authority, for up to 5 minutes. Sign-up is not required. When recognized by the Mayor, please state your name and address for the official record. Designated representatives recognized by the chair who are speaking on behalf of a group may have a total of 10 minutes to speak. Each citizen is allowed to speak only once during Citizen Comments. C. Correspondence III. COUNCIL COMMITTEE REPORTS: A. Finance Committee B. Community Development Committee C. Economic Development Committee Page 1 of 3 Agenda Packet p. 1 of 130
City Council Agenda April 14, 2015 D. Public Safety Committee E. Other Reports IV. CONSENT AGENDA: The items listed below may be acted upon by a single motion and second of the City Council. By simple request to the Chair, any Councilmember may remove items from the Consent Agenda for separate consideration after the adoption of the remainder of the Consent Agenda items. p. 7 A. Approval of Minutes: March 17, 2015 Workshop and March 24, 2015 Meeting. B. Approval of Accounts Payable and Utility Refund Checks/Vouchers: Accounts Payable checks/vouchers #70722-70793 (including wire transfer # 20150306) in the amount of $515,098.46. Accounts Payable wire transfer #2015031701 for p-card purchases in the amount of $33,558.28. Accounts Payable checks/vouchers #70794-70834 (including wire transfer # 15150064) in the amount of $327,943.04. Accounts Payable checks/vouchers #70835-70868 in the amount of $274,739.94. Voids: 70855 Multiple page remittance to Pierce County for Property Tax Payment, 70856 Multiple page remittance to Pierce County for Property Tax Payment, 70857 Multiple page remittance to Pierce County for Property Tax Payment, 70859 Multiple page remittance to Pierce County for Property Tax Payment. C. Approval of Payroll: Payroll for March 1st 15th, 2015 for checks #32303-32320 including Direct Deposits and Electronic Transfers is $ 456,981.24. Payroll for March 16th 31st, 2015 for checks #32321-32347 including Direct Deposits and Electronic Transfers is $ 745,73.64. p. 15 p. 19 p. 29 p. 35 p. 39 D. AB15-36 Ordinance D15-36 An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Chapter 5.08 Of The Bonney Lake Municipal Code And The Corresponding Portions Of Ordinance Nos. 1236 And 1256, Related To Business Licenses. E. AB15-42 Ordinance D15-42 An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Portions Of Section 3.68.010 Of The Bonney Lake Municipal Code Related To Planning Department Services And Fees. F. AB15-54 Ordinance D15-54 An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County Washington, Amending Sections 13.04.070 And 13.12.100, Bonney Lake Municipal Code, Related To Applications For Water And Sewer Service. G. AB15-56 Ordinance D15-56 An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County Washington, Amending Section 15.14.035, Bonney Lake Municipal Code, Related To Applications For Storm Water Service. H. AB15-28 Resolution 2443 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign An Amended Scope Of Work Attached To An Interagency Agreement With The Department Of Enterprise Services For Conservation Services. Agenda Packet p. 2 of 130 Page 2 of 3
City Council Agenda April 14, 2015 p. 57 p. 67 I. AB15-57 Resolution 2454 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign Amendment 2 To The Stormwater Mitigation Agreement For Eastown Properties With WSDOT. J. AB15-46 A Motion Of The City Council Of The City Of Bonney Lake, Pierce County Washington, To Accept As Complete The Eastown Sanitary Sewer Mains Phase 2 (Lift Station) Project With RCNW, Inc. p. 81 V. FINANCE COMMITTEE ISSUES: A. AB15-52 Resolution 2452 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing A Professional Services Agreement With The Law Office Of Donna L. Johnston To Provide Public Defender Services For The City Of Bonney Lake. p. 115 VI. VII. VIII. IX. p. 119 p. 129 B. AB15-55 Resolution 2453 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Adopting Lodging And Meal Rates For City Employees And Officials While On City Business, And Replacing Resolutions 1787 And 1902. COMMUNITY DEVELOPMENT COMMITTEE ISSUES: None. ECONOMIC DEVELOPMENT COMMITTEE ISSUES: None. PUBLIC SAFETY COMMITTEE ISSUES: None. FULL COUNCIL ISSUES: A. AB15-53 Ordinance 15-53 An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Acquisition Of Property By Purchase Or Condemnation (21704 SR 410 E). B. AB15-59 A Motion Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Setting A Public Hearing At 7:00 P.M., Or As Soon Thereafter As Possible, During The Regular Council Meeting Of April 28, 2015, To Consider The Proposed Surplus of Utility Property (Proposed Resolution 2455). X. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. XI. ADJOURNMENT For citizens with disabilities requesting translators or adaptive equipment for communication purposes, the City requests notification as soon as possible of the type of service or equipment needed. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THIS AGENDA Page 3 of 3 Agenda Packet p. 3 of 130
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Department/Staff Contact: Executive / Gary Leaf Agenda Item Type: Motion City of Bonney Lake, Washington City Council Agenda Bill (AB) Meeting/Workshop Date: 14 April 2015 Ordinance/Resolution Number: Agenda Bill Number: AB15-58 Councilmember Sponsor: Agenda Subject: Nominate Representative to CFAB Full Title/Motion: A Motion Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, To Nominate Terry Reid As Bonney Lake's Representative To The Conservation Futures Advisory Board. Administrative Recommendation: Appoint CFAB Representative Background Summary: The City received a message from Pierce County requesting us to nominate a Bonney Lake representative to the Conservation Futures Advisory Board. The principal job of the board is to review and prioritize the recommendations of a technical committee for grant awards under the Conservation Futures program. The board meets mostly from June to September to hear grant applicants present their requests and make recommendations.pierce County Code (2.96.040) provides one seat on the board for each City greater than 10,000 population. The formal appointment is made by the Pierce County Executive subject to County Council confirmation. The Mayor is recommending Parks Commissioner Terry Reid. The City does not have a Conservation Futures grant request this year. Attachments: None Budget Amount N/A Budget Explanation: BUDGET INFORMATION Current Balance Required Expenditure Budget Balance COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Approvals: Date: Chair/Councilmember Yes No Commission/Board Review: Hearing Examiner Review: Forward to: Councilmember Councilmember Consent Agenda: Yes No Workshop Date(s): Meeting Date(s): COUNCIL ACTION Public Hearing Date(s): Tabled to Date: APPROVALS Director: Mayor: Date Reviewed by City Attorney: (if applicable): N/A N:\Administrative Services\City Clerk\2015 Agendas\Agenda Assembly\2015-04-14 Mtg\items\AB15-58 Motion to Nominate Terry Reid to CFAB.doc Version Oct. 2010 Agenda Packet p. 5 of 130
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CITY COUNCIL WORKSHOP March 17, 2015 5:30 P.M. MINUTES City of Where Dreams Can Soar The City of Bonney Lake s Mission is to protect the community s livable identity and scenic beauty through responsible growth planning and by providing accountable, accessible and efficient local government services. www.ci.bonney-lake.wa.us Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. Call to Order Mayor Neil Johnson, Jr. called the meeting to order at 5:30 p.m. II. Roll Call: Administrative Services Director/City Clerk Harwood Edvalson called the roll. In addition to Mayor Johnson, elected officials attending were Deputy Mayor Dan Swatman, Councilmember Mark Hamilton, Councilmember Katrina Minton-Davis, Councilmember James Rackley, Councilmember Donn Lewis, and Councilmember Tom Watson. Councilmember Randy McKibbin was absent from the workshop. Councilmember Lewis moved to excuse Councilmember McKibbin s absence. Councilmember Watson seconded the motion. Motion to excuse Councilmember McKibbin s absence approved 6 0. Staff members in attendance were City Administrator Don Morrison, Public Works Director Dan Grigsby, Community Development Director John Vodopich, Chief Financial Officer Cherie Gibson, Police Chief Dana Powers, Facilities and Special Projects Manager Gary Leaf, City Attorney Kathleen Haggard, Administrative Services Director/City Clerk Harwood Edvalson, and Administrative Specialist II Renee Cameron. III. Agenda Items: A. Proclamation: Mary Charron Day March 21, 2015 Mayor Johnson read the Proclamation and said he felt it important to show recognition of the community. He spoke about Mary s contributions to the community and others, shared personal moments he had with Mary, and introduced her husband, Val Charron. Mr. Charron spoke regarding his wife and thanked the Mayor for his friendship to Mary and himself. Councilmember Hamilton said it would be appropriate to have a yearly recognition of those that the City has lost to cancer. B. Council Open Discussion Madrona Park: Councilmember Watson stated his concern about the no trespassing sign at the entrance to driveway at the Madrona Park. Mayor Johnson said this is an entrance area to a private driveway that the private property owner has likely placed onto their property. Mayor Johnson said staff can talk with the property owner to see if they could put their no trespassing sign further up their driveway, so access to the park entrance is more obvious. BIG SERVE Community Summit/Beautify Bonney Lake Service Project: Councilmember Watson said that the BIG SERVE 22 nd Annual Community Summit will be held on March 19, 2015 at Mountain View Middle School and discussed the Pre-Summit Sessions, one of which is Beautify Bonney Lake planting a tree and bark installation at the high school. Local Government Leadership Forum: Councilmember Watson said he will be attending the Local Government Leadership Forum in Lacey on March 18 th with Administrative Services Page 1 of 4 Agenda Packet p. 7 of 130
City Council Workshop Minutes March 17, 2015 Director/City Clerk Edvalson. Communities for Families Meeting: Councilmember Watson said he attended the Communities for Families Meeting on March 5 th and they had a very extensive meeting with flyers and details about activities. He said there is a lice outbreak at all of the schools right now, and families with limited income are having difficulty properly treating the lice. He also spoke of the needs of local families, and the number of homeless preschoolers in the area. Death by Chocolate Event: Councilmember Watson said the Death by Chocolate event is Saturday, March 21 st and encouraged everyone to attend. Deputy Mayor Swatman said even if they cannot attend the event that donations are always welcome. Councilmember Watson said donations can assist those in need of eyeglasses through the Lions Club. Open House with Representative Stokesbury: Deputy Mayor Swatman said the City hosted an open house with Representative Drew Stokesbury on Saturday, March 14th. He said it was a great one-on-one discussion with the representative and Buckley Mayor Pat Johnson. Lake Tapps Improvements Tour with Cascade Water Alliance: Deputy Mayor Swatman said Utilities Supervisor Dave Cihak, Public Works Director Grigsby, and he toured the work and improvements being done by Cascade Water Alliance. Parks Ad-Hoc Committee: Deputy Mayor Swatman said the Parks Ad-Hoc Committee is progressing and the City should see some output in the next three weeks or so. He said he thinks the Committee will have an ultimate master plan that the Council can review when there is consensus as to which projects can be moved forward and completed. New Public Works Center: Deputy Mayor Swatman asked if there are any details regarding the new Public Works facilities and a date for siting the new facility. Mayor Johnson said he wants to see action on the development. City Administrator said the preliminary environmental study is complete and it would not be cost effective to relocate the wetland on the proposed site. He said they are still looking at two sites, using the 96 th Street site for about half the large equipment, and the other site for the main building. He said he is still waiting to hear back from ARC for an update of the proposed sites and building configuration. Deputy Mayor Swatman said he believes moving forward with the new Public Works Center will help get commercial development started in Eastown, which is important. 186 th Ave Corridor Improvements: Deputy Mayor Swatman said the Community Development Committee has been doing a great job getting the 186 th Avenue Corridor improvements moving forward and the expected timeline is to have the plans and approval for the improvements in beginning of 2016, with construction in the spring of 2016. C. Review of Draft Minutes: March 3, 2015 Workshop and March 10, 2015 Meeting Minor corrections were made to the minutes, which were forwarded to the March 24, 2015. Meeting for action. D. Discussion: AB15-31 Amending the BLMC Regarding Boat Launch Fees and Disabling Bollards. Mayor Johnson said this proposed amendment was at his directive. He said there have been numerous problems with the bollards that have been in place for the last five years and he wanted staff to come up with a different solution. He summarized the agenda bill. Facilities and Special Projects Manager Gary Leaf said it will become a parking enforcement, which Agenda Packet p. 8 of 130 Page 2 of 4
City Council Workshop Minutes March 17, 2015 would rely on the Police Department to check for passes or a paid ticket/receipt placed on the dashboard. Council discussed how launch fees have previously been handled. Mr. Leaf said there will not be an increase in the fees, and any parking fines will help to pay the cost of the police enforcement. Mr. Leaf advised that the new approach would cost about $2,000 to implement. He said the bollard system will remain at the launch in case the City chooses to revert back to it at a later date. Mr. Leaf asked Council if they wanted to continue with the non-resident pass. Deputy Mayor Swatman said he is opposed to the non-resident pass, as the purpose of the pass is to benefit residents. He said residents should be able to use the park, versus the majority of non-residents who frequent Allan Yorke Park. Councilmember Minton-Davis suggested charging a parking fee to park any vehicle at the park. Mr. Leaf said there were approximately 1,500 individual launches last year. Councilmember Watson asked if there will be a limit for a maximum amount of launches and the process of towing illegally parked vehicles; Chief Powers responded. City Administrator Morrison said that if Council wishes to eliminate non-resident passes, then Section 12.12.051(C) will need to be removed from the Code. This item was forwarded for approval to a future Council Meeting for action. E. Discussion: AB15-34 AB15-34 Ordinance D15-34 Debt Service Fund Creation Chief Financial Officer Gibson explained the proposed ordinance advising that with the passage of Ordinance 1507 (allowing the Refunding of the 2008 LTGO Bonds and Motorola loan), all activity must be accounted for in a separate Debt Service Fund. This Ordinance allows Finance staff to create a Debt Service Fund to account for the activities including principal and interest payments and debt service costs. Councilmember Rackley asked if this was a tool to increase the City s bond rating. Ms. Gibson responded that this does not affect the City s rating. The item was forwarded for approval to the March 24 th Council Meeting. F. Discussion: AB15-36 Ordinance D15-36 Amending Chapter 5.08 of BLMC and the Corresponding Portions Of Ordinance Nos. 1236 and 1256 Related To Business Licenses. Community Development Director Vodopich summarized the agenda bill and said that at the February 21 st City Council retreat it was noted that the code currently requires business licenses for those with an office or post office box for a place of business within the City limits. He said with this Ordinance, subject to the exemptions listed in the Code, anyone conducting business in the City, regardless of having a physical presence, would be required to have a business license. City Administrator Morrison advised that the City used to require anyone doing business to have a City business license. Council consensus was in support of the amendment. Councilmember Minton-Davis expressed concern about how to expedite the process. Ms. Gibson said that she and Director Vodopich are working on options to expedite the process. Mr. Vodopich spoke regarding the process and coordinating with the State Business Licensing Service. Ms. Gibson said letters can be sent to companies notifying them of the business license requirement (i.e. Amazon, etc.). Mayor Johnson said he thinks it is fair that all businesses be required to have a current City business license for doing business within the City. Mr. Vodopich said as contractors come in for a permit, they will be checked to make sure they have a valid business license. If a contractor doesn t have a City business license, then they will be required to obtain one before a permit is issued. Mr. Morrison advised that the Code provides for a number of exemptions. He said the requirement was previously removed from the code to help to attract contractors to do more business within the City. Mayor Johnson said he believes this requirement will create sufficient revenue over time, and said he sees it as a way to capture those businesses that we can. Mr. Vodopich advised that as long as they can show that their business license application has been submitted, via the Business License Services, then the City would issue their permit. This item was forwarded to the March 24, 2015 Council Meeting for action. G. Discussion: AB15-39 Arterial Roads/Streets Speed Limits. Councilmember Watson said he sponsored this item and would like to see the speed limits Page 3 of 4 Agenda Packet p. 9 of 130
City Council Workshop Minutes March 17, 2015 raised from 25 to 30 mph on Angeline Road and South Prairie Road. Public Works Director Grigsby stated the City Council sets the speed limits in the City s jurisdiction. He clarified that South Prairie Road is in the City s jurisdiction from SR 410 to the County line. Councilmember Minton-Davis said she is concerned about increasing the speed limit on Angeline due to the number of children and others that walk the road. Chief of Police Powers said she is concerned with increasing the speed limit on South Prairie, especially with as congested as that road gets before and after school. Councilmember Hamilton asked about the increase in stopping distance with an increase of 5 mph, which Chief Powers advised increases it approximately 50 from approximately 150 to 200. Council consensus was to maintain the 25 mph speed limits on both Angeline Road and South Prairie Road. H. Discussion: AB15-45 Ordinance No. D15-45 Amending Section 18.39.050 Of The Bonney Lake Municipal Code Related To Building Design Standards In Midtown. Community Development Director Vodopich stated that this proposed Ordinance would amend the building design standards in Midtown by limiting the area between the building and front property line to required frontage improvements, landscape buffers and a maximum of two rows of parking stalls that must be devoted to customers and/or employees and must include a 20-foot drive aisle for parcels that are adjacent to public streets with new buildings less than 10,000 square feet in size. He said review and consideration by the Planning Commission is required. Deputy Mayor Swatman said he believes this supports the City s Midtown Plan. Councilmember Minton-Davis said it is her understanding that this amendment would not apply to development in the WSU Forest. Deputy Mayor Swatman clarified that it will apply to new construction projects only. Director Vodopich said the issue will be added to the Planning Commission s Work Plan. I. Discussion: Review of draft Council Vision Statement Revisions. City Administrator Morrison summarized the review of the draft Council Vision Statement Revisions. Council consensus was the revisions were acceptable. IV. EXECUTIVE SESSION: Pursuant to RCW 42.30.140(4)(b) and RCW 42.30.110(1)(i), the Council adjourned to an Executive Session with the City Attorney at 6:50 p.m. for 30 minutes to discuss labor negotiations and potential litigation. At 7:20 p.m. the Executive Session was extended for 10 minutes. At 7:30 p.m. the Executive Session was extended for an additional 5 minutes. The Council returned to chambers at 7:37 p.m. No action was taken. V. ADJOURNMENT: Councilmember Watson moved to adjourn the Workshop at 7:37 p.m. Councilmember Lewis seconded the motion. Motion to adjourn approved 6-0. Harwood Edvalson, MMC City Clerk Neil Johnson, Jr. Mayor Items presented to Council for the March 17, 2015 Workshop: None Note: Unless otherwise indicated, all documents submitted at City Council meetings and workshops are on file with the City Clerk. For detailed information on agenda items, please view the corresponding Agenda Packets, which are posted on the city website and on file with the City Clerk. Agenda Packet p. 10 of 130 Page 4 of 4
CITY COUNCIL MEETING March 24, 2015 7:00 P.M. MINUTES City of Where Dreams Can Soar The City of Bonney Lake s Mission is to protect the community s livable identity and scenic beauty through responsible growth planning and by providing accountable, accessible and efficient local government services. www.ci.bonney-lake.wa.us Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER Mayor Neil Johnson, Jr. called the meeting to order at 7:00 p.m. A. Flag Salute: Mayor Johnson led the audience in the Pledge of Allegiance. B. Roll Call: Administrative Services Director/City Clerk Harwood Edvalson called the roll. In addition to Mayor Johnson, elected officials attending were Deputy Mayor Dan Swatman, Councilmember Mark Hamilton, Councilmember Donn Lewis, Councilmember Randy McKibbin, Councilmember Katrina Minton-Davis, Councilmember James Rackley, and Councilmember Tom Watson. Staff members in attendance were City Administrator Don Morrison, Public Works Director Dan Grigsby, Community Development Director John Vodopich, Chief Financial Officer Cherie Gibson, Police Chief Dana Powers, Administrative Services Director/City Clerk Harwood Edvalson, City Attorney Kathleen Haggard, and Records & Information Specialist Susan Haigh. C. Announcements, Appointments and Presentations: 1. Announcements: None. 2. Appointments: None. 3. Presentations: None. D. Agenda Modifications: None. II. PUBLIC HEARINGS, CITIZEN COMMENTS & CORRESPONDENCE: A. Public Hearings: None. B. Citizen Comments: Jerry Thorsen, East Pierce Fire & Rescue Fire Chief, said the Fire District received notification that the City of Bonney Lake service area s fire protection rating was upgraded from Class 5 to Class 4, which is a stronger rating. He said the improved rating should result in reduced insurance costs for area residents and businesses, and the review also shows areas where EPF&R can improve, such as routine fire inspections. Mayor Johnson expressed his appreciation for the leadership and services EPF&R provides the community. Councilmember Rackley said a fire protection rating improvement can lead to a 2-4% reduction in insurance rates. C. Correspondence: None. Page 1 of 4 Agenda Packet p. 11 of 130
City Council Meeting Minutes March 24, 2015 III. COUNCIL COMMITTEE REPORTS: A. Finance Committee: Deputy Mayor Swatman said the Committee met at 5:30 p.m. earlier in the evening and discussed the water/sewer fund and accounting which was forwarded for future discussion; funding options for the proposed Public Works Center, with more information to come from Executive staff; discussion of health care plan changes; review of an updated public defender contract which is coming forward for action in the future; and updates to allowances for meals on a per diem rate. B. Community Development Committee: Councilmember Lewis said the CDC met on March 17, 2015 with Councilmember Rackley and Deputy Mayor Swatman attending. The Committee heard an update on the 186th Ave Corridor project, and forwarded Resolution 2445, Resolution 2446, and Resolution 2448 for action on the current agenda. C. Economic Development Committee: Councilmember Minton-Davis said the Committee has not met since the last Council Meeting. D. Public Safety Committee: Councilmember Watson said the Committee has not met since the last Council Meeting. E. Other Reports: Pierce County Regional Council: Councilmember Hamilton said the PCRC met on March 19, 2015. He said the Council reviewed Comprehensive Plan updates submitted by various cities, and this discussion was continued to the next meeting. He suggested that Bonney Lake s proposed amendments U-1 through U-6 and U-8 be bundled together as a single item, leaving U-7 (which expands the Bonney Lake Urban Growth Area to include Tehaleh) to be considered separately. He said he plans to invite the Senior Planner to attend the next meeting when these items are discussed. He said if the Council has questions they could be discussed at the next Workshop. Councilmembers said they are familiar with the proposed amendments and did not need additional discussion. Councilmember Hamilton said based on Council consensus, he will bundle the City s amendments U-1 to U-6 and U-8 together, and focus on U-7 separately. He said although Bonney Lake and other cities amendments are all likely to be denied by the Growth Management Hearing Board eventually, it is important to move these proposals through the Committee so they have a chance to be considered and appealed if necessary. Councilmember Hamilton noted that the Puget Sound Regional Council is considering making military facilities designated centers so they are eligible to apply for additional regional funding opportunities. Community Events: Councilmember Minton-Davis said the Kiwanis Club is hosting its annual Prayer Breakfast on March 31st at Cedar Ridge from 7:00 8:00 a.m. and all are invited to attend. Mayor Johnson congratulated City staff who participated in the Big Climb fundraising event for the Leukemia and Lymphoma Society, in honor of Senior Center Manager Sue Hilberg. He said the group raised over $3,000. Mayor Johnson said the annual Death by Chocolate event was a success and thanked Councilmember Watson for his work on the event. Agenda Packet p. 12 of 130 Page 2 of 4
City Council Meeting Minutes March 24, 2015 IV. CONSENT AGENDA: A. Approval of Minutes: March 3, 2015 Workshop and March 10, 2015 Meeting. B. Approval of Accounts Payable and Utility Refund Checks/Vouchers: Accounts Payable checks/vouchers #70642-70678 (including wire transfer # s 3022015, 20150208, 20150301, 20150302, 20150303, 20150304, 20150305, 2015030401) in the amount of $186,313.45. Accounts Payable checks/vouchers #70679-70721 in the amount of $171,378.92. C. Approval of Payroll: Payroll for March 1st 15th, 2015 for checks #32303-32320 including Direct Deposits and Electronic Transfers is $ 456,981.24. D. AB15-31 Ordinance 1512 [D15-31] An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Section 12.12.051 Of The Bonney Lake Municipal Code Relating To Boat Trailer Parking Fees. E. AB15-34 Ordinance 1513 [D15-34] An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Adding A New Section 3.80.010 To The Bonney Lake Municipal Code Creating A Debt Service Fund. F. AB15-41 Resolution 2446 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing A Contract Awarding The Professional Services Agreement To Parametrix To Complete The Programming Effort At The Central SCADA Computer As Part Of The SCADA Telemetry Upgrade, Phase 1 Effort. G. AB15-47 Resolution 2448 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing A Local Agency Agreement With WSDOT For The SR 410 Veterans Memorial Drive Intersection Improvements Phase 1 Grant Councilmember Watson moved to approve the Consent Agenda. Councilmember Lewis seconded the motion. Consent Agenda approved 7 0. V. FINANCE COMMITTEE ISSUES: None. VI. COMMUNITY DEVELOPMENT COMMITTEE ISSUES: A. AB15-40 Resolution 2445 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing An Agreement With Puget Sound Energy To Extend Commercial Power To The Lakeridge 2 Pump Station Site. Councilmember Rackley moved to approve Resolution 2445. Councilmember Watson seconded the motion. Councilmember Lewis explained this went through Committee and had been approved for the Consent Agenda, but staff were notified that the price quoted was increased by Page 3 of 4 Agenda Packet p. 13 of 130
City Council Meeting Minutes March 24, 2015 $1,400 after the Committee reviewed and forwarded it to the Council. He said the agreement provides power to the pump station site, which is essential. Resolution 2445 approved 7 0. VII. ECONOMIC DEVELOPMENT COMMITTEE ISSUES: None. VIII. PUBLIC SAFETY COMMITTEE ISSUES: None. IX. FULL COUNCIL ISSUES: A. AB15-36 Ordinance D15-36 An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Chapter 5.08 Of The Bonney Lake Municipal Code And The Corresponding Portions Of Ordinance Nos. 1236 And 1256, Related To Business Licenses. Councilmember Watson moved to approve Resolution Ordinance D15-36. Councilmember Lewis seconded the motion. Deputy Mayor Swatman said he feels more investigation is needed on this proposed ordinance. He said the City does business with many agencies and consultants that are not required to have a City business license today, which would change under the proposed ordinance. He suggested the language could be revised, for example by requiring a City license only for activities that require a permit. Deputy Mayor Swatman moved to table Ordnance D15-36 to Council Workshop for discussion. Councilmember Minton-Davis seconded the motion. Motion to table approved 6 1. Councilmember Rackley voted no. X. EXECUTIVE SESSION: None. XI. ADJOURNMENT: At 7:25 p.m., Councilmember Lewis moved to adjourn the Council Meeting. Councilmember Watson seconded the motion. Motion to adjourn approved 7 0. Harwood Edvalson, MMC City Clerk Neil Johnson, Jr. Mayor Items presented to Council at the March 24, 2015 Meeting: None. Note: Unless otherwise indicated, all documents submitted at City Council meetings and workshops are on file with the City Clerk. For detailed information on agenda items, please view the corresponding Agenda Packets, which are posted on the city website and on file with the City Clerk. Agenda Packet p. 14 of 130 Page 4 of 4
City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Community Development/Finance John Vodopich/Cherie Gibson Agenda Item Type: Ordinance Meeting/Workshop Date: April 14, 2015 Ordinance/Resolution Number: D15-36 Agenda Bill Number: AB15-36 Councilmember Sponsor: Tom Watson Agenda Subject: Amendment to Business License Requirements Full Title/Motion: An Ordinance of the City Council of the City of Bonney Lake, Pierce County, Washington, Amending Chapter 5.08 of the Bonney Lake Municipal Code and the Corresponding Portions of Ordinance Nos. 1236 and 1256, Related to Business Licenses. Administrative Recommendation: Approve Background Summary: At the February 21 st City Council retreat it was noted that the code currently requires business licenses for those with an office, post office box of place of business within the City limits. With this Ordinance, subject to the exemptions listed in the Code, anyone conducting business in the City regardless of having a physical presence would be required to have a business license. Attachments: Ordinance D15-36 BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Approvals: Yes No Chair/Councilmember Commission/Board Review: Hearing Examiner Review: Councilmember Councilmember Forward to: Consent Agenda: Yes No COUNCIL ACTION Workshop Date(s): March 17 & April 7, 2015 Public Hearing Date(s): Meeting Date(s): March 24, 2015 Tabled to Date: April 7, 2015 APPROVALS Director: John P. Vodopich, AICP Cherie Gibson, CPA Mayor: Date Reviewed by City Attorney: (if applicable): March 6, 2015 Agenda Packet p. 15 of 130
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ORDINANCE NO. D15-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AMENDING CHAPTER 5.08 OF THE BONNEY LAKE MUNICIPAL CODE AND THE CORRESPONDING PORTIONS OF ORDINANCE NOS. 1236 AND 1256, RELATED TO BUSINESS LICENSES. WHEREAS, the City Council finds it in the public interest to require anyone conducting business in the City to have a business license; and WHEREAS, the Council desires to update its business license ordinance; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. BLMC Section 5.08 and the corresponding portions of Ordinances Nos. 1236 & 1256 is hereby amended to read as follows: 5.08.020 Definitions In construing the provisions of this chapter, except when otherwise declared, or clearly from the context a different meaning is intended, the following definitions shall be applied: A. Business, occupation or pursuit includes all home occupations, wholesalers, retailers, service providers, towing operators, peddlers, canvassers, solicitors, for-hire vehicles, limousine services, pawnbrokers, secondhand dealers and junk dealers having the objective of economic gain, benefit or advantage to the person, firm or corporation, or to another person or class, directly or indirectly, whether part-time or full-time. Each business location shall be deemed a separate business. For the purposes of this chapter, the owner of any apartment building or buildings containing an aggregate of 10 or more rental units located on a single lot or contiguous lots and the owner of any business or commercial building containing any rental units shall be considered to be engaged in a business. B. Employee means any person employed at any business location within the city and in addition includes all persons who are self-employed. C. Engaging in business means commencing, conducting or continuing in any business, or carrying on of any form of activity for gain, profit or advantage, whether direct or indirect, with an office, post office box, or place of business being located within the city limits; or performing activities requiring a building permit or development permit; as well as liquidating a business when the liquidators hold themselves out to the public as conducting such business, except those businesses subject to the city s utilities tax, Chapter 5.04 BLMC. Page 1 Agenda Packet p. 17 of 130
D. Person means any individual, firm, partnership, company, corporation, association, receiver, consignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society or any group of individuals acting as a unit. E. Taxpayer includes any person who engages in business or who is required to have a business license under this chapter, or who is liable for the collection of any license fee or tax under this chapter, or who performs any act for which license fee or tax is imposed by this chapter. Section 4. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication, as required by law. 2015. PASSED by the City Council and approved by the Mayor this 14th day of April, Neil Johnson, Jr., Mayor AUTHENTICATED: Harwood T. Edvalson, City Clerk, MMC APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p. 18 of 130 Page 2
City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Community Development/ Jason Sullivan Senior Planner Agenda Item Type: Ordinance Meeting/Workshop Date: April 14, 2015 Ordinance/Resolution Number: D15-42 Agenda Bill Number: AB15-42 Councilmember Sponsor: Donn Lewis Agenda Subject: Amendments to the Planning Fees Design Review and Site Plan Review Full Title/Motion: An Ordinance of the City Council of the City Of Bonney Lake, Pierce County, Washington, amending portions of section 3.68.010 of the Bonney Lake Municipal Code related to planning department services and fees. Administrative Recommendation: Background Summary: Recently, the City Council adopted new land use review procedures in order to streamline the City s permitting process (Ordinance No. 1505). It has been realized that as part of Ordinance 1505 there should have also been amendments to the planning fees to ensure that the City still collects the fees necessary to cover the cost of processing certain land use permits. The proposed amendments are on page 5 of the ordinance and highlighted in yellow. The amendments would delete the current review fees for Type 1 ($1,000) and Type 3 ($5,000) site plans and establish a flat $400 fee for a site plan review. Under the old land use review procedures, Type 1 site plans were classified as projects exempted from SEPA and Type 3 site plans were classified as projects that were not exempt from SEPA. The other change would be to increase the charge for design review from $400 to $1,000 for projects exempt from SEPA and to $5,000 for projects not exempt from SEPA. These changes are necessary since the adoption of Ordinance 1505 made all site plan reviews purely optional to streamline the permitting process. Site plan review is now consolidated with the design review. Applicants for projects exempt from SEPA were required to pay $1,400 ($1,000 site plan fee plus $400 design review fee); however, under the proposed ordinance the fee now would only be $1,000 for the design review fee no site plan review fee. Applicants for projects not exempt from SEPA were required to pay $5,400 ($5,000 site plan fee plus $400 design review fee); however, under the proposed ordinance the fee would now only be $5,000 for the design review fee no site plan review fee. Attachments: Ordinance D15-42 BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: Council Committee Review: COMMITTEE, BOARD & COMMISSION REVIEW Date: Approvals: Chair/Councilmember Councilmember Councilmember Forward to: Consent Agenda: Yes No Commission/Board Review: Planning Commission March 18, 2015 Hearing Examiner Review: Yes No Agenda Packet p. 19 of 130
COUNCIL ACTION Workshop Date(s): April 7, 2015 Public Hearing Date(s): Meeting Date(s): Tabled to Date: Director: John P. Vodopich, AICP Mayor: APPROVALS Date Reviewed by City Attorney: (if applicable): Agenda Packet p. 20 of 130
ORDINANCE NO. D15-42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AMENDING PORTIONS OF SECTION 3.68.010 OF THE BONNEY LAKE MUNICIPAL CODE RELATED TO PLANNING DEPARTMENT SERVICES AND FEES. WHEREAS, the City Council adopted 1505 amending the City Development Review Procedures on February 10, 2015; and WHEREAS, in order to streamline the permitting process Ordinance 1505 made obtaining a separate site plan approval optional and consolidated those reviews with the required design review application; and WHEREAS, amendments to the planning division fee schedule is required to reflect the shift in order to ensure that the City s cost to perform the required reviews are captured; and WHEREAS, the Planning Commission reviewed the proposed amendments on March 18, 2015 as required by BLMC 14.10.090.C and recommended that the City Council approve the amendments to the fee schedule; NOW THEREFORE, the City Council of Bonney Lake, Washington, do ordain as follows: Section 1. Section 3.68.010, Land use fees of the Bonney Lake Municipal Code and Ordinance Nos. 1493 1 are each hereby amended to read as follows: 3.68.010 Land use fees. There are hereby established various fees to defray the costs incurred in administering various land use permits which shall be paid by the applicants to the city, based upon the type of land use application. Fees for the following land use applications shall be as set forth in the schedule below. A copy of the fee schedule shall at all times be maintained in the office of the city clerk and displayed in the permit center of the department of planning and community development. Type of Permit A. ACCESSORY DWELLING UNITS $500 B. AMENDMENTS 1. Comprehensive Plan Amendment a. Less Than One Acre $500 b. One to Three Acres $1,500 c. More than Three Acres $3,000 2. Minor Change to a Permit $300 Fee Agenda Packet p. 21 of 130
C. ANNEXATION PETITION $400 D. APPEALS 1. Appeal of Administrative Decision $1,000 2. Appeal of Hearing Examiner s Decision $3,000 E. SEPA ENVIRONMENTAL REVIEW 1. Environmental Checklist Review $750 2. Environmental Impact Statement $1,000 plus cost of EIS. If the mayor authorizes city staff or a city consultant to prepare the EIS, the director(s) shall estimate the cost, which amount the applicant shall pay as a deposit plus the $1,000 processing and review fee. After the EIS is complete, the city shall bill the applicant (or remit as the case may be) for the city s total EIS preparation cost, including overhead, minus the deposit. 3. Addendum Review $250 F. ENVIRONMENTAL AND INFRASTRUCTURE REVIEW AND INSPECTION 1. City Processing and Review of Critical Area Reports (Wetlands, Hydrogeologic, Geologic Hazard, Habitat Conservation, Etc.). $500 per report for city processing and review. The applicant shall obtain the report from a qualified professional per BLMC 16.20.090(A). 2. City Review of Traffic Impact Analysis (TIA) a. Level I Scoping $500 for city processing and review. Agenda Packet p. 22 of 130
b. Level II Analysis $1,500 for city processing and review of up to five intersections impacted by a project. For all additional intersections required to be analyzed beyond five, the city engineer shall estimate the additional review fee which shall be paid as a deposit, billed at $100.00 per hour. The applicant shall obtain the TIA from a qualified professional transportation planner or engineer. 3. Infrastructure Reviews and Permits a. Water Booster Pump Station i. Engineering review $8,000 ii. Permit $500 b. Sewer Lift Station i. Engineering review $8,000 ii. Permit $500 c. Civil Infrastructure Engineering Review (Water, Sewer, Stormwater, Street) i. Short plat 2 3 lots ii. A. Inside City of Bonney Lake $1,500 B. Outside City of Bonney Lake - water and sewer only Short plat 4 9 lots $500 A. Inside City of Bonney Lake $3,500 B. Outside City of Bonney Lake - water and sewer only. $2,250 iii. Long plat A. Inside City of Bonney Lake $4,000 plus $40 per lot B. Outside City of Bonney Lake - water and sewer only $2,000 plus $40 per lot Agenda Packet p. 23 of 130
iv. Commercial with fire flows up to 2,500 gpm A. Inside City of Bonney Lake $4,500 B. Outside City of Bonney Lake - water only v. Commercial with fire flows greater than 2,500 gpm $3,000 A. Inside City of Bonney Lake $12,000 B. Outside City of Bonney Lake - water only $9,000 vi. Civil infrastructure permit $500 vii. d. Resubmittals Connection to public systems (includes review, permit and inspection) A. Inside City of Bonney Lake $250 B. Outside City of Bonney Lake $500 viii. Grease interceptors (includes review, permit and inspection) A. Inside City of Bonney Lake $250 B. Outside City of Bonney Lake $500 ix. Retrofit underground automatic fire extinguishing systems (includes review, permit and inspection) A. Inside City of Bonney Lake $250 B. Outside City of Bonney Lake $500 x. Traffic Signal Light A. Engineering Review $8,000 B. Permit $500 i. First resubmittal $100 ii. Second resubmittal $200 iii. Third and subsequent resubmittal $500 e. Inspection Fees Inspection fees shall be three percent of infrastructure development costs, including lift stations and booster pumps. The public works director is Agenda Packet p. 24 of 130
authorized to establish reasonable unit costs for various water, sewer, stormwater, street, retaining wall, and miscellaneous improvement components upon which the inspection fee shall be based. Said inspection fee schedule shall be periodically reviewed and updated. 4. Critical Area Permit $750 5. Critical Areas Variance $1,500 B. HEARING EXAMINER S COSTS NOT OTHERWISE SPECIFIED C. LAND DISTURBANCE $100 plus actual hearing examiner costs 1. Clearing, Vegetation and Tree Removal $250 2. Grading, Cut and Fill a. 0 249 cubic yards outside of the jurisdiction of Shoreline Code Chapter 16 Article III BLMC b. 0 249 cubic yards within the jurisdiction of Shoreline Code Chapter 16 Article III BLMC $0 $500 c. 250 999 cubic yards $1,500 d. 1,000 to 49,999 cubic yards $2,500 e. 50,000 cubic yards or more $2,500 plus the cost of any special monitoring and inspection. The city engineer shall estimate the preliminary monitoring and inspection fee, calculated at $100 per hour, which shall be paid in advance as a deposit against the final total fee. D. PRE-APPLICATION MEETINGS 1. First Meeting $200 2. Subsequent Meetings $400 Agenda Packet p. 25 of 130
E. DESIGN REVIEW PROCESSING $400 1. Projects Exempt from SEPA $1,000 2. Projects Not Exempt from SEPA (Fee Does not include SEPA Review) $5,000 F. RIGHT-OF-WAY VACATION $1,400 G. SHORELINE PERMITS AND EXEMPTIONS 1. Shoreline Substantial Development Permit $2,200 2. Shoreline Conditional Use Permit $3,000 3. Shoreline Variance $3,000 4. Shoreline Letter of Exemption (SEPA Required) $200 5. Shoreline Letter of Exemption (SEPA Exempt) $50 H. SITE PLAN REVIEW COMMERCIAL AND MULTIFAMILY $400 1. Type 1 Permit $1,000 2. Type 3 Permit $5,000 I. SIGNS 1. Sign Permit $150 2. Temporary Sign $50 J. SUBDIVISIONS 1. Boundary Line Adjustments $1,450 2. Lot Combinations $250 3. Shore Plat (2 to 9 Lots) $1,200 plus $50 per lot 4. Long Plat (10 or More Lots) a. Preliminary Plat $2,000 plus $80 per lot b. Final Plat $1,500 plus $80 per lot 5. Plat Alteration or Vacation $1,500 K. APPLICATION/PERMIT TIME EXTENSIONS $500 L. ZONING 1. Conditional Use Permit $1,500 2. Temporary Use Permit a. Event $100 b. Business $200 Agenda Packet p. 26 of 130
c. Residence/Travel Trailer $250 3. Variance a. Single-Family Residence b. All Other Variances 4. Zoning Reclassification/Map Amendment $250 plus hearing examiner cost $250 plus hearing examiner cost $1,500 plus $100.00 per acre 5. Zoning Code Interpretation $200 M. WIRELESS COMMUNICATION FACILITIES 1. Remodel & Co-location $500 2. New Facility Installation $2,000 Section 2. Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force effect. Section 3. Effective Date. This ordinance shall take effect five (5) days after its passage, approval and publication as required by law. PASSED BY THE CITY COUNCIL this 14th day of April, 2015. AUTHENTICATED: Harwood T. Edvalson, MMC, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Neil Johnson, Jr., Mayor Agenda Packet p. 27 of 130
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City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: PW / Dan Grigsby Agenda Item Type: Ordinance Meeting/Workshop Date: 14 April 2015 Ordinance/Resolution Number: D15-54 Agenda Bill Number: AB15-54 Councilmember Sponsor: Donn Lewis Agenda Subject: Amend Water and Sewer Connection Charges for City Facilities Full Title/Motion: An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Water And Sewer Connection Charges For City Facilities. Administrative Recommendation: Recommend Approval Background Summary: When new or modified city utility facilities are built that require new utility connections, funding to pay for System Development Charges would normally be paid for by the respective utility fund. Rather than creating a budget to move these funds from the utility fund and then immediately redepositing the charge back into the same fund when permits are issued, this ordinance exempts City facilities from paying the respective SDC. This will avoid including these charges in utility project costs, City budgets, and the administrative effort to collect and redeposit these charges into the same utility Enterprise Fund. Attachments: Ordinance D15-54 BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Community Development Date: 7 April 2015 Approvals: Chair/Councilmember Donn Lewis Commission/Board Review: Hearing Examiner Review: Forward to: Councilmember Councilmember Randy McKibbin James Rackley Consent Agenda: Yes No Yes No COUNCIL ACTION Workshop Date(s): Public Hearing Date(s): Meeting Date(s): April 14, 2015 Tabled to Date: Director: Daniel Grigsby, P.E. APPROVALS Mayor: Neil Johnson Jr. Date Reviewed by City Attorney: (if applicable): N:\Administrative Services\City Clerk\2015 Agendas\Agenda Assembly\2015-04-14 Mtg\items\AB15-54 Water and Sewer System Development Charge for City Facilities.docx Version Oct. 2010 Agenda Packet p. 29 of 130
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ORDINANCE NO. D15-54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY WASHINGTON, AMENDING SECTIONS 13.04.070 AND 13.12.100 OF THE BONNEY LAKE MUNICIPAL CODE RELATED TO APPLICATIONS FOR WATER AND SEWER SERVICE. WHEREAS, the City Council wishes to reduce budget and administrative efforts associated with improvements to City facilities; and WHEREAS, Ordinance 1465, passed on 27 August 2013, exempted the City from paying water System Development Charges (SDCs) for additional water connections in existing facilities such as parks and rights-of-way, on the rationale that existing facilities are not growth related projects; and, WHEREAS, the Council wishes to extend the SDC exemption to sewer connections in existing facilities; and WHEREAS, the primary purpose of collecting SDCs is to alleviate a burden on water and sewer ratepayers by ensuring that new growth pays for its equitable share of the system; and WHEREAS, when new facilities are built to support or expand a utility, requiring payment of SDCs is not fiscally prudent in light of the purposes for collecting SDCs. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. BLMC Section 13.04.070 (A) (2) is hereby amended to read as follows: Section 13.04.070 Water service applications and connection charges. D. Water Service Connection Charges. 2. System Development Charge (SDC). h. Water SDC Exemptions for City Water Connections in Existing Facilities. New water connections installed by the city in existing city rights-of-way, parks, and other existing city facilities shall be exempt from paying SDCs. 1) Existing City Facilities. New water connections installed by the city in existing city rights-of-way, parks, and other existing city facilities shall be exempt from paying SDCs. Page 1 of 3 Agenda Packet p. 31 of 130
2) New or Expanded City Facilities. Facilities built to provide water system services shall be exempt from paying water SDCs. Section 2. BLMC Section 13.12.100 is hereby amended to read as follows: Section 13.12.100 Sewer service applications and connection charges. F. Nonresidential SDCs. 1. SDCs shall be levied for each new sewer service connection to the city sewer system and for service upgrades generating additional flow or loading. 2. SDCs for existing nonresidential uses that convert from septic to sewer shall be based on the most recent 12 months of water use records. The following formula shall be used to determine the number of REs an existing building is equivalent to: (average daily water use plus 113 gallons per day) divided by 275 gallons per day. 3. Connection charges for new nonresidential construction shall be the calculated residential equivalents based on the residential equivalent value given in Schedule A, Nonresidential Sewer Equivalents, which is hereby incorporated by reference as now or hereafter amended. 4. Sewer connection charges for new tenant improvements shall be the calculated residential equivalents based on the residential equivalent value listed in Schedule A. If a former tenant or building owner paid a connection charge for the space a new tenant is occupying, the new tenant shall be charged only that portion of the connection charge which reflects the increased use over the previous tenant(s), based upon the business types of the new and previous tenant found in Schedule A; provided, however, that once a connection charge has been paid for the original connection and the first and second tenant improvements in the same space, there shall be no additional connection charges assessed thereafter for subsequent tenant improvements. Connection charges shall not be charged for tenant improvements which are accessory to the primary use of the structure, less than 2,000 square feet in size, and have an occupancy load of less than 50 occupants. 5. The calculation of residential equivalents given in Schedule A, Nonresidential Sewer Equivalents, and attached to the ordinance codified in this section, shall be updated annually as needed. 6. Sewer SDC Exemptions for City Facilities. a. Existing City Facilities. New sewer connections installed by the city in existing city parks, and other existing city facilities shall be exempt from paying SDCs. b. New or Expanded City Facilities. Facilities built to provide sewer system services shall be exempt from paying sewer SDCs. Agenda Packet p. 32 of 130 Page 2 of 3
Section 3. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval, and publication, as required by law. PASSED by the City Council and approved by the Mayor this 14th day of April, 2015. AUTHENTICATED: Harwood T. Edvalson, MMC, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Neil Johnson, Mayor Page 3 of 3 Agenda Packet p. 33 of 130
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City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: PW / Dan Grigsby Agenda Item Type: Ordinance Meeting/Workshop Date: 14 April 2015 Ordinance/Resolution Number: D15-56 Agenda Bill Number: AB15-56 Councilmember Sponsor: Donn Lewis Agenda Subject: Amend Storm Water Connection Charges for City Facilities Full Title/Motion: An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Storm Water Connection Charges For City Facilities. Administrative Recommendation: Recommend Approval Background Summary: When new or modified city utility facilities are built that require new utility connections, funding to pay for System Development Charges would normally be paid for by the respective utility fund. Rather than creating a budget to move these funds from the utility fund and then immediately redepositing the charge back into the same fund when permits are issued, this ordinance exempts City facilities from paying the respective SDC. This will avoid including these charges in utility project costs, City budgets, and the administrative effort to collect and redeposit these charges into the same utility Enterprise Fund. Attachments: Ordinance D15-56 BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Community Development Date: 7 April 2015 Approvals: Chair/Councilmember Donn Lewis Commission/Board Review: Hearing Examiner Review: Forward to: Councilmember Councilmember Randy McKibbin James Rackley Consent Agenda: Yes No Yes No COUNCIL ACTION Workshop Date(s): Public Hearing Date(s): Meeting Date(s): April 14, 2015 Tabled to Date: Director: Daniel Grigsby, P.E. APPROVALS Mayor: Neil Johnson Jr. Date Reviewed by City Attorney: (if applicable): N:\Administrative Services\City Clerk\2015 Agendas\Agenda Assembly\2015-04-14 Mtg\items\AB15-56 STORM WATER System Development Charges for City Facilities.docx Version Oct. 2010 Agenda Packet p. 35 of 130
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ORDINANCE NO. D15-56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AMENDING SECTION 15.14.035 OF THE BONNEY LAKE MUNICIPAL CODE RELATED TO APPLICATIONS FOR STORM WATER SERVICE. WHEREAS, the City Council wishes to reduce budget and administrative efforts associated with improvements to City facilities; and WHEREAS, Ordinance 1465, passed on 27 August 2013, exempted the City from paying water System Development Charges (SDCs) for additional water connections in existing facilities such as parks and rights-of-way, on the rationale that existing facilities are not growth related projects; and, WHEREAS, the primary purpose of collecting SDCs is to alleviate a burden on water and sewer ratepayers by ensuring that new growth pays for its equitable share of the system; and WHEREAS, when new City facilities are built to support or expand a utility, requiring payment of SDCs is not fiscally prudent in light of the purposes for collecting SDCs. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. BLMC Section 15.14.035 is hereby amended to read as follows: 15.14.035 System development charges (SDC). A. The Storm Water SDC fee charged to all new development projects shall be $365.00 435.00 per ESU, effective January 1, 2011 2015, payable at the time of building permitting. B. Annual CCI Adjustment. Beginning January 1, 2012, and for every year thereafter, the SDC fee listed in this section shall be adjusted by the annual change in the most recent Engineering News Record (ENR) Construction Cost (CCI) for the Seattle area. C. The charges set out in this section shall not be applicable to an accessory dwelling unit permitted pursuant to BLMC 18.22.090. (Ord. 1394 1, 2011; Ord. 1139 2, 2005). D. Storm Water SDC Exemption for City Facilities. 1) Existing City Facilities. When existing City facilities are expanded so as to increase the amount of impermeable surface area in city rights-of-way, parks, and other city facilities, those facilities shall be exempt from paying SDCs. Page 1 of 2 Agenda Packet p. 37 of 130
2) New City Facilities. New City facilities that support or expand the City s stormwater utility shall be exempt from paying stormwater SDCs. Section 2. This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval, and publication, as required by law. PASSED by the City Council and approved by the Mayor this 14th day of April, 2015. AUTHENTICATED: Harwood T. Edvalson, MMC, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Neil Johnson, Mayor Agenda Packet p. 38 of 130 Page 2 of 2
Department/Staff Contact: Executive / Gary Leaf Agenda Item Type: Resolution City of Bonney Lake, Washington City Council Agenda Bill (AB) Meeting/Workshop Date: 14 April 2015 Ordinance/Resolution Number: 2443 Agenda Bill Number: AB15-28 Councilmember Sponsor: Mark Hamilton Agenda Subject: Public Safety Building Boiler, Controls, & Domestic Hot Water Tank Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign An Amended Scope Of Work Attached To An Interagency Agreement With The Department Of Enterprise Services. Administrative Recommendation: Approve Background Summary: The City's 2015 budget funds replacement of the Public Safety Building boiler, controls, and domestic hot water tank. In 2014 the City signed an Interagency Agreement with the Washington Department of Enterprise Services expecting to apply for energy conservation grants. While grants did not materialize, the same DES agreement can be used to procure the boiler, controls, and hot water tank. Staff recommends using the DES approach; it is well-established (for 25 years); saves the cost of developing specifications and advertising since DES has already pre-qualified (through its own RFQ) 11 firms that can accomplish this work; and results in a maximum guaranteed cost, which is $459,000 to replace the boiler, controls, and hot water tank including the DES fee and taxes. Final cost will be less if full contingency is not needed or PSE energy efficiency rebates are received. Attachments: Yes - resolution and amendments to Interagency Agreement Budget Amount $460,000.00 BUDGET INFORMATION Current Balance $460,000.00 Required Expenditure $459,000.00 Budget Explanation: The $459,000 amount includes the all fees, taxes, & contingency. Budget Balance $1,000.00 COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Approvals: Date: Chair/Councilmember Yes No Commission/Board Review: Hearing Examiner Review: Forward to: Councilmember Councilmember Consent Agenda: Yes No COUNCIL ACTION Workshop Date(s): March 3, 2015 Public Hearing Date(s): Meeting Date(s): Tabled to Date: APPROVALS Director: Mayor: Date Reviewed by City Attorney: (if applicable): February 10, 2015 N:\Administrative Services\City Clerk\2015 Agendas\Agenda Assembly\2015-04-14 Mtg\items\AB15-28 Amending the Interagency Agreement with Department of Enterprise Services.doc Version Oct. 2010 Agenda Packet p. 39 of 130
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RESOLUTION NO. 2443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN AMENDED SCOPE OF WORK ATTACHED TO AN INTERAGENCY AGREEMENT WITH THE DEPARTMENT OF ENTERPRISE SERVICES FOR CONSERVATION SERVICES. WHEREAS, the Public Safety Building boiler, controls, and domestic hot water tank are at the end of their useful lives; and WHEREAS, the City established an agreement with the Department of Enterprise Services on May 27, 2014 that is the most effective tool to procure the boiler, controls, and hot water tank; and WHEREAS, the current estimated maximum cost of this project is within budget; NOW THEREFORE, BE IT RESOLVED; that the City Council of the City of Bonney Lake, Washington, does hereby authorize the Mayor to sign an amended Scope of Work to the Interagency Agreement with the Department of Enterprise Service attached hereto as Exhibit A. PASSED by the City Council this 14 th day of April, 2015. AUTHENTICATED: Harwood T. Edvalson, MMC, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Neil Johnson, Jr., Mayor Agenda Packet p. 41 of 130
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City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: PW / John Woodcock/ Meeting/Workshop Date: 14 April 2015 Agenda Bill Number: AB15-57 Agenda Item Type: Resolution Ordinance/Resolution Number: 2454 Councilmember Sponsor: Donn Lewis Agenda Subject: Authorize the Mayor to sign Stormwater Mitigation Agreement Amendment for Eastown Properties with WSDOT Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorize The Mayor To Sign Stormwater Mitigation Agreement Amendment For Eastown Properties With Wsdot. Administrative Recommendation: Background Summary: WSDOT widened SR410 between 214th Avenue and 234th Avenue in 2011. The widening effort required three new stormwater facilities to be created. Per RCW 47.24.020, the stormwater system serving SR410 is the responsibility of the city to operate and maintain, including the stormwater ponds that control and clean stormwater runoff. On January 21, 2010 the city and the state entered into Agreement GCA-6371 that would officially transfer the three parcels these stormwater facilities were on to the city, per RCW 47.20.130, as partial compensation for the City assuming all maintenance and operation responsibilities. However, this transfer never occurred while the state reconsidered use of part of parcel "B" as a WSDOT wetland bank. Parcel "B" has now been reduced in size to only the land on which the stormwater pond is on. This parcel was also reduced by 9,000 s.f. for land the City purchased and used to build the Eastown sewer lift station on. As a result, Agreement GCA- 6371 is hereby modified to reflect the actual land to be used for stormwater purposes and transferred to the City to maintain and operate. The City is allowed to expand the size of these three stormwater facilities to serve future public streets in Eastown. Attachments: Resolution 2454; Agency Agreement GCA-6371 with Map included Budget Amount N/A Budget Explanation: BUDGET INFORMATION Current Balance N/A Required Expenditure N/A Budget Balance N/A COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Community Development Approvals: Date: 7 April 2015 Chair/Councilmember Donn Lewis Commission/Board Review: Hearing Examiner Review: Forward to: Councilmember Councilmember Randy McKibbin Jim Rackley Consent Agenda: Yes No Yes No COUNCIL ACTION Workshop Date(s): 7 April 2015 Public Hearing Date(s): Meeting Date(s): 14 April 2015 Tabled to Date: N:\Everyone\_Agenda Review\2015\4-14-15\AB15-57 WSDOT Agreement for Eastown Storm Facilities\AB15-57 WSDOT Agreement for Eastown Agenda Packet p. 57 of 130 Stormwater Facilities.docx Version Oct. 2010
Director: Dan Grigsby, P.E. APPROVALS Mayor: Neil Johnson Jr. Date Reviewed by City Attorney: (if applicable): N:\Everyone\_Agenda Review\2015\4-14-15\AB15-57 WSDOT Agreement for Eastown Storm Facilities\AB15-57 WSDOT Agreement for Eastown Agenda Packet p. 58 of 130 Stormwater Facilities.docx Version Oct. 2010
RESOLUTION NO. 2454 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AMENDMENT 2 TO THE STORMWATER MITIGATION AGREEMENT FOR EASTOWN PROPERTIES WITH WSDOT. WHEREAS, the City Council approved Resolution 1999 on January 21, 2010 which is the original Agreement GCA-6371 with WSDOT to convey to the city three mitigation properties (stormwater facilities) and associated pipeline easements supporting stormwater runoff from SR410 generated by the SR410 Widening Project in Eastown; and, WHEREAS, the City Council approved Resolution 2195 on March 27 th, 2012 that amended that agreement to reduce the square footage of the Pond B mitigation property for the city s future Eastown Sewer Lift Station site; and, WHEREAS, the State desires to further reduce the square footage of the Pond B mitigation property subject to the terms of RCW 47.12.370 and Agreement GCA-6371; and, WHEREAS, the State has not yet deeded any Mitigation Properties to the City; and, WHEREAS, the City may expand these three stormwater facilities to partially serve future public streets to be built in Eastown; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON HEREBY RESOLVES AS FOLLOWS: That the City of Bonney Lake Council does hereby authorize the Mayor to sign the attached Amendment No. 2 to the agreement, GCA-6371 Amendment No. 2 SR 410, 214 th Avenue E. to 234 th Avenue E. Stormwater Mitigation Ownership and Maintenance of Treatment Facilities Associated with portions of SR 410 that are access managed and within City Corporate Limits. PASSED BY THE CITY COUNCIL this 14 th day of April, 2015. AUTHENTICATED: Neil Johnson, Jr., Mayor Harwood T. Edvalson, MMC, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p. 59 of 130
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RESOLUTION NO. 2452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH THE LAW OFFICE OF DONNA L. JOHNSTON TO PROVIDE PUBLIC DEFENDER SERVICES FOR THE CITY OF BONNEY LAKE. WHEREAS, a decision by the Federal Court for the Western District of Washington, in a case styled Wilbur, et al v. Mt. Vernon, et al emphasized the need for the City to provide indigent defense services to misdemeanor clients in municipal and district courts in a manner which fully complies with the City s obligations under the Sixth and Fourteenth Amendments to the United States Constitution; and WHEREAS, the Washington Supreme Court has adopted new standards regarding the caseload of Public Defenders and the Washington State Office of Public Defense has provided guidance regarding case weighting system, and WHEREAS, these and related matters caused the City to issue a new REP for public defense services; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Bonney Lake, Washington, does hereby authorize the Mayor to sign the attached agreement with the Law Office of Donna L. Johnston to serve as the Public Defender for the City of Bonney Lake. PASSED BY THE CITY COUNCIL this 14th day of April, 2015. AUTHENTICATED: Neil Johnson, Jr., Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p. 83 of 130
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4. Changes in Work- Conflicts. The Public Defender shall make all revisions and changes in the work completed under this Agreement as are necessary to correct errors, when required to do so by the City, without additional compensation. In the event the Public Defender must withdraw from a case because of a conflict of interest, the Public Defender shall immediately notify the Bonney Lake Municipal Court of the conflict of counsel and forward any discovery previously provide to conflict counsel. The Bonney Lake Municipal Court will appoint the Conflict Public Defender. The City will pay the conflict public defender directly. For billing and reporting purposes, no conflict appointments shall be considered an appointment under this Agreement. 5. Extra Work. The City may desire to have the Public Defender perform work or render services in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered by this Agreement shall be resolved before the work is undertaken. Performance of the work by the Public Defender prior to resolution of any such dispute shall waive any claim by the Public Defender for compensation as Extra Work. 6. Employment. Any and all employees of Public Defender, while engaged in the performance of any work or services required by the Public Defender under this Agreement, shall be considered employees of the Public Defender only and not of the City, and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged; any and all taxes arising out of Public Defender's or Public Defender's employees' work under this Agreement; and any and all claims made by a third party as a consequence of any acts, errors, or omissions on the part of the Public Defender's employees, while so engaged, shall be the sole obligation and responsibility of the Public Defender. The Public Defender's relation to the City shall at all times be as an independent contractor. 7. Nondiscrimination and Legal Compliance. Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, gender, age or handicap except for a bona fide occupational qualification with regard to, but not limited to, the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training; and rendition of services. The contractor represents and warrants that it is in compliance with and agrees that it will remain in compliance with the provisions of the Immigration Reform and Control Act of 1986, including but not limited to the provisions of the Act prohibiting the hiring and continued employment of unauthorized aliens and requiring verification and record keeping with respect to the status of each of its employees' eligibility for employment. The contractor shall include a provision substantially the same as this section in any and all contracts with subcontractors performing work required of the contractor under this contract. The contractor agrees to indemnify and hold the City harmless from any and all liability, including liability for interest and penalties, the City may incur as a result of the contractor failing to comply with any provisions of the Immigration Reform and Control Act of 1986. Consultant understands and agrees that if it violates this section, this Agreement may be terminated by the City, and that Consultant shall be barred from performing any services for the City in the 2 Agenda Packet p. 85 of 130
future unless and until a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 8. Term. This Agreement shall become effective April 1, 20 15 for an initial term of two (2) years, terminating on March 31, 20 17. The parties may mutually agree to extend the resulting Contract for an additional two (2) year term. 9. Termination by City. The City may terminate this Agreement at any time upon not less than thirty (30) days written notice to Public Defender, subject to the City's obligation to pay Public Defender in accordance with subsections A, B, and C below. A. In the event this Agreement is terminated by the City other than for fault on the part of the Public Defender, a final payment shall be made to the Public Defender for actual cost of work complete at the time of termination of the Agreement. In addition, the Public Defender shall be paid on the same basis as above for any authorize Extra Work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Public Defender of the termination notice. If the accumulated payment(s) made to the Public Defender prior to the termination notice exceeds the total amount that would be due as set forth in this subsection, then no final payment shall be due and the Public Defender shall immediately reimburse the City for any excess paid. B. In the event the services of the Public Defender are terminated by the City for fault on the part of the Public Defender, subsection A of this section shall not apply. In such event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Public Defender in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable by the City at the time of termination, the cost to the City of employing another person or firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if subsection A of this section applied. C. In the event this Agreement is terminated prior to completion of the work, the original copies of all work products prepared by the Public Defender prior to termination shall become the property of the City for its use without restriction; provided, that any such use by the City not directly related to the particular purposes for which the work product was produced shall be without any liability whatsoever to the Public Defender. 10. Termination by Public Defender. Public Defender may terminate this Agreement only in response to material breach of this Agreement by the City, or upon completion of the work set out in the Scope of Work and any Extra Work agreed upon by the parties. 11. Applicable Law; Venue. The law of the State of Washington shall apply in interpreting this Agreement. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Pierce County. Agenda Packet p. 86 of 130 3
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In-custody these are people picked up the previous day on either warrants or new cases and have not posted bail and thus are in jail. The calendar can range from 4 6 persons in custody. These are more intensive since people are in custody. II. INSTRUCTIONS TO PROPOSERS A. All proposals should be sent to: Don Morrison, City Administrator City of Bonney Lake P.O. Box 7380 9002 Main Street East, Suite 200 Bonney Lake, WA 9839 1 morrisond@ci. bonney-lake. wa. us B. All proposals must be received by 4:30 PM, Friday January 9, 2015. An easily reproducible original may be sent or emailed to the address above. If sent electronically, it must be in a PDF format. The proposer is responsible for assuring delivery and receipt. No faxed or telephone proposals will be accepted. C. Proposals should be prepared simply and economically, providing a straight forward, concise description of the provider's capability to satisfy the requirements of the request. Special bindings, colored displays and promotional materials are not desired. Emphasis should be on completeness and clarity of content. Use of both sides of paper for any submittals to the City is desirable whenever practical. D. The City will attempt to schedule interviews, if desired, during late November or early December. Proposers should take note that a selection may be made by the City based upon the written proposal submitted and should plan accordingly. E. The City Council must ratify a contract with the selected firm or attorney as appropriate. The anticipated start date is on or around March 1, 2015. F. All proposals must include the following information: 1. The name of each and every individual attorney who is proposed to provide public defense services and his or her area of responsibility. 2. A resume for each and every attorney who will provide legal services, or supervise the provision of legal services by others, illustrating the attorney's specific experience in criminal defense. 3. A statement warranting that each and every attorney proposed to provide legal services has read and is familiar with the minimum standards set forth by Washington State Bar Association Standards for Indigent Defense Services, the Agenda Packet p. 91 of 130 2
Rules of Professional Conduct, case law and in particular the decision in Wilbur v. City of Mount Vernon, and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Each proposer will be required to warrant that the proposal submitted takes into account all required training, infrastructure, and service provision required under the Standards. In 20 13, the City assigned 650 cases using an un-weighted standard. As shown in Exhibit A to this RFP, almost one half of these cases were DWLS 3. The number of assigned indigent defendants and the resulting trials are dependent on the unique facts and circumstances of any particular case and time period. The total number of cases assigned through September 2014 is approximately 500. This is an average of 56 cases assigned per month. The number of total cases to be assigned for 2014 is estimated at 667. Proposals must identify adequate staffing to handle anticipated caseloads without exceeding the maximums adopted under the Standards. 4. Minimum of 3 References (Name, phone number, email, and relationship). 5. Insurance. The proposer should review the draft contract and indicate his or her willingness and capability to provide insurance coverage of the same or similar nature. Proposers shall assure the City that their malpractice coverage contains no exclusion for ineffective assistance of counsel. 6. Provide information in your proposal addressing the following: 6. 1 Your experience in providing public defense services and contract performance; 6.2 How long has your firm been in existence? How many years has it practiced criminal defense? 6.3 Has your firm handled indigent clients? Describe the type of cases in which you have represented such clients. 6.4 How many attorneys currently employed by your firm would be involved in public defense under the proposal? Resumes and references must be provided for each attorney. If you are a sole practitioner, please state how you would provide the additional and backup services required by your absence and include the resume of any anticipated associates. 6.5 How many staff employees does your firm employ? How many staff will be assigned to the public defense services contract? If contract or other services are necessary to comply with Supreme Court Standards such as access to a mental health professional or interpreters, indicate how your firm will comply with the Standards in this regard. See proposed Contract, note any duration from provisions for non-routine services. 7. Contract Performance. Agenda Packet p. 92 of 130 3
7.1 If your firm has previously provided or is providing contract services for a city or county, please provide any documented review of contract compliance under those contracts. Provide the name, phone number, and email of the contract manager of said city or county. 7.2 Please note specifically any termination for cause of any public contract in whole or in part within the last ten years. Please note any corrective action required under any such public contract. 7.3 Has any attorney proposed to provide services under your proposal been disciplined by the Washington State Bar Association, or any other mandatory bar association of any other state? 7.4 Has any attorney employed by your firm been removed from a case because of a court finding of ineffective assistance of counsel? 7.5 Has any attorney in your firm been monetarily sanctioned by a court for any reason? Please provide a summary of the sanction, including the court and date sanction was imposed. 7.6 Has any attorney in your firm had an action for malpractice filed against the attorney in any courts? If so, what is the status or disposition of the filing? III. VI.) PROPOSED DELIVERY OF SERVICES (Scope of Services is described in Section Taking into account the Standards for Services adopted by the Washington State Supreme Court, please provide the following information or proposals: A. Please describe your firm's general policy guidelines when addressing the needs of i,ndigent misdemeanor clients. B. How will you monitor the case load of attorneys providing Indigent Defense Services? C. What type of training do the attorneys in your firm receive which would be relevant to the practice in criminal law and public defense? D. What is your firm's capacity for working with non-english speaking clients? E. Does your firm have any experience working with ex-offenders, the mentally ill, or other clients in need of social service referrals? 4 Agenda Packet p. 93 of 130
F. Please provide information regarding your firm's ability to report both monthly and annually regarding the assigned case load, the disposition of cases and the types of cases assigned. IV. SELECTION CRITERIA In its evaluation process, the City will consider in its sole discretion the completeness of the written proposal, the qualifications of the specific individuals proposed for assignment to act as a Public Defender, the proposer's history of successfully fulfilling contracts of this type, experience in similar work, the ability of the proposer to fully comply with all Standards as well as the competitiveness of the fee structure proposed. Each proposal will be independently evaluated on these factors. V. TERMS AND CONDITIONS A. The City reserves the right to reject any and all proposals and to waive minor regularities in any proposal. B. The City reserves the right to request clarification of information submitted and to request additional information from any proposer. C. Any proposal may be withdrawn up until the date and time set for opening of the proposals. Any proposal not timely withdrawn shall constitute an irrevocable offer for a period of sixty (60) days to provide to the City the services described herein or until or more of the proposals have been approved by City administration, whichever first occurs. D. The Contract resulting from the acceptance of the proposal shall be in approximately the form shown in Exhibit B to this RFP. Any proposed amendment to the Contract should be noted in the proposal submitted. The City reserves the right to reject any proposed Contract change which does not conform to the specifications contained in the RFP, or which is not warranted to provide a level of service sufficient to meet the adopted Standards. Any proposed amendment to the Contract should be noted in the proposal submitted. E. The City shall not be responsible for any costs incurred by a firm in preparing, submitting, or presenting its response to the RFP. F. Term. Public defense services under this RFP are intended to commence on or about March 1, 20 15 for an initial term of two (2) years, terminating on February 28, 2017. The parties may mutually agree to extend the resulting Contract for an additional two (2) year term. G. Screening. Termination of indigency for eligibility for appointed counsel for this Contract shall be determined by the Municipal court. The Public Defender will not be responsible for screening potential clients. Should the Public Defender determine a defendant is not eligible for assigned counsel, the Public Defender will so inform the court and move to withdraw from the case. Agenda Packet p. 94 of 130 5
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significantly change during the term of the agreement, the parties will meet and renegotiate the terms of the Contract. A "significant change" is a change beyond the adopted City or Supreme Court Standard which materially alters a term or condition of the Contract. VI. SCOPE OF SERVICES A. General Description. Pursuant to Chapter 10. 10 1 RCW, all indigent criminal defendants who are determined to be eligible and are charged under the ordinances of the City will be referred to the Public Defender. The Public Defender will provide legal representation for each of these defendants and court appointment or screening through trial, sentencing, post-conviction review and any appeal to Superior Court or the Washington appellate courts. Such cases may include domestic violence cases. Performance of services shall in all respects comply with the Standards adopted by the Washington State Supreme Court and the City, whichever is more restrictive. B. Standards for Public Defense. In addition to the Standards, the Public Defender shall at all times comply with the Rules of Professional Conduct (RPC) and all other applicable court rules as the same exist or are hereafter amended. The Public Defender shall maintain the highest standards of conduct and behavior towards the court, the prosecutors, and all parties. The Public Defender shall comply with the Standards for Public Defense Services adopted by the City as the same exist or are hereafter amended. C. The Public Defender will attempt to initiate contact with assigned clients within twenty four (24) hours of assignment. The Public Defender will provide his or her clients with contact information for availability during office hours. The Public Defender will return client phone calls or other attempts to contact the Public Defender within forty-eight ( 48) hours excluding weekends. The Public Defender shall provide the prosecutor and City police department with contact information assuring twenty-four (24) hour a day access. D. The Public Defender shall maintain an office and all other infrastructure including an adequate number of secretaries, word processing, paralegals and any and all other support services, including adequate and competent interpreter services necessary to comply with the "Standards." Expert witness, investigator services, mental health assessments and all other services may be provided at additional cost pursuant to court authorization. See the attached Contract for details regarding non-routine services. VII. COMPENSATION A. Please present detailed information on the firm's proposed fee schedule either on a price per case basis or on a total yearly/monthly fee, noting any variations for non-routine services. Services not referenced in this RFP or the attached draft Contract that are not explicitly identified as non-routine will be assumed to be included in the basic fee. B. If the proposal includes by-case compensation, payment by the City for the services will be made only after the services have been performed (through judgment and sentence or dismissal). An itemized billing statement shall be submitted in a form approved by the City. 7 Agenda Packet p. 96 of 130
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F. Records. Medical, school, birth, DMV, and other similar records, and 911 and emergency communication recordings and logs, when the cost of an individual item does not exceed $75; G. Process service. The cost for the service of a subpoena as long as the rate per location is reasonable and customary. H. Miscellaneous. Any necessary costs that the city shall pay as ordered by the appeals court. On a monthly basis, the Public Defender may submit to the City an invoice for services rendered during the preceding month. The invoice shall include the name of the defendant, the case number, and the date of appointment. The Public Defender shall not bill the City for any specific cases until after the case has been disposed of by trial or by other pre-trial order. The Public Defender may also invoice the City for cases to which they are appointed for the first time following disposition (for review purposes only). Representatives of the Court and Executive Department will review the invoice, and the Finance Department will initiate authorization for payment after receipt of said approved invoice and shall make payment to the public defender with thirty (30) days thereafter. Agenda Packet p. 112 of 130
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City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Executive / Don Morrison Agenda Item Type: Resolution Meeting/Workshop Date: 14 April 2015 Ordinance/Resolution Number: 2453 Agenda Bill Number: AB15-55 Councilmember Sponsor: Agenda Subject: Lodging and Meals Per Diem Full Title/Motion: A Resolution Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Adopting Lodging And Meal Rates For City Employees And Officials While On City Business, And Replacing Resolutions 1787 And 1902.. Administrative Recommendation: Approve Background Summary: The only change proposed to the prior resolution is to make the meals for conference travel a per diem allowance, rather than a reimbursement. The dollar allowance rate remains the same. Limitations are placed (Section 3B) designating when a person on City business would be eligible for a City paid meal allowance. Although the established meal rates have not been increased since 2008, the State travel allowance on which City rates are based, remains the same as when last updated in 2008. This change would simplify and reduce the administrative costs of processing meal reimbursement checks or purchase card reconciliations. Attachments: Resolution No. 2453 BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: NA COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Finance Committee Date: March 24, 2015 Approvals: Commission/Board Review: Hearing Examiner Review: Forward to: Regular Meeting Chair/Councilmember Swatman Councilmember Councilmember McKibbin (for Minton- Davis Lewis Consent Agenda: Yes No Yes No Workshop Date(s): Meeting Date(s): COUNCIL ACTION Public Hearing Date(s): Tabled to Date: APPROVALS Director: Mayor: Date Reviewed by City Attorney: (if applicable): N:\Everyone\_Agenda Review\2015\4-14-15\AB15-55 Travel and Meal Allowance\AB15-55 Travel and Meal Allowance.docx Version Oct. 2010 Agenda Packet p. 115 of 130
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RESOLUTION NO. 2453 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, ADOPTING LODGING AND MEAL RATES FOR CITY EMPLOYEES AND OFFICIALS WHILE ON CITY BUSINESS, AND REPLACING RESOLUTIONS 1787 AND 1902. WHEREAS, By resolutions No. 1787 and 1902 the City Council had established lodging and meal rates for official City business; and WHEREAS, the City Council desires to update and otherwise make more efficient the manner in which associated official business travel, lodging and meals are administered; NOW THEREFORE, the City Council of the City of Bonney Lake, Washington hereby resolves as follows: Section 1. Out-of-State Travel Policy. Except as exempted in Section 2, all out of state travel by an employee or elected official of the City shall be approved in advance by an affirmative vote of the City Council. Travel to Portland, OR, Vancouver, BC, or Coeur D Alene, ID areas shall not be considered out-of-state travel for the purposes of this resolution. Section 2. Out of State Travel Policy Exemptions. The following types of out-of-state travel are exempted from the requirements of Section 1: A. Travel where the City s share of the total cost of travel, lodging and registration is less than $500 because of a grant, tuition waiver, or other funding; B. Travel that is specifically authorized by an employment or other agreement, and for which funds have been budgeted; C. Travel that has been included and approved as a clearly identifiable line item in the adopted budget of the City. Section 3. Lodging and Meal Allowances. A. Travel which requires overnight lodging may be paid by the City for travel where the total one-way distance is forty-five (45) miles or more from the official duty station or employee s/official s official residence, whichever is nearer the travel location. The maximum lodging rates are set by size of metro area, with different rates as listed below. If the standard single-occupancy rate exceeds the approved city rate, the employee/official is responsible for the cost difference; provided, however, that when an employee is staying at the official conference hotel, the City will pay the negotiated conference hotel rate for a standard single-occupancy room unless employees/officials are sharing a room. Also, in lieu of the below listed rates, actual and reasonable rates shall apply where the lodging is tied to a specific hotel, motel or other housing 1 Agenda Packet p. 117 of 130
accommodation in connection with the seminar, convention or meeting being attended. The approved rates are: 1. General Maximum Lodging Rate: $100.00 per night; 2. Larger Metropolitan Area: $150.00 per night (SMSA of 500,000 population or more); 3. Largest Metropolitan Area: $200.00 per night (SMSA of 1,000,000 population or more) B. A per diem breakfast meal allowance shall be authorized when City employees or officials depart for travel prior to 6:30 AM. Departure prior to 12:00 PM qualifies an employee/official for a per diem lunch; and return after 6:00 PM qualifies for a dinner per diem allowance. A per diem meal allowance shall not be granted when the meal is furnished as a part of a meeting, seminar or conference. C. The per diem meal allowance for authorized meals during approved travel, or for official business meetings, is as follows: 1. Breakfast - $12.00 2. Lunch - $18.00 3. Dinner - $28.00 Section 4. Administrative Policies and Procedures. The Mayor is hereby authorized to develop and implement such administrative policies and procedures as may be deemed appropriate to carry out the intent of this Resolution. PASSED BY THE CITY COUNCIL this 14 th day of April, 2015. AUTHENTICATED: Harwood T. Edvalson, MMC, City Clerk Neil Johnson, Jr., Mayor APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p. 118 of 130 2
City of Bonney Lake City Council Agenda Bill (AB) Department / Staff Member: Meeting/Workshop Date: Agenda Bill Number: PW/John Woodcock April 14, 2015 AB-15-53 Agenda Item Type: Ordinance/Resolution Number: Councilmember Sponsor: Ordinance D15-53 Donn Lewis Agenda Subject: Authorizing a Condemnation Ordinance for the Eastown Southern Sewer Development for the Shepard/Morris Property. Full Title/Motion: An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing a Condemnation Ordinance for the Eastown Southern Sewer Development for the Shepard/Morris Property. Administrative Recommendation: Background Summary: The City Council approved Resolution 2322 on November 26th, 2013 to establish the Eastown Southern Sewer Development Contract and Utility Latecomer Agreement (ULA). City Council then amended and approved the 2013 2014 City Adopted Budget on November 26, 2013 to address costs for design, easement acquisition, and construction activities for the Eastown Southern Sewer project. The ULA obligates the City to use eminent domain authority to acquire necessary easements if negotiations fail. The design effort has established the amount of land the City needs to purchase for an easement to construct the portion of the sewer main across the Shepard/Morris property (Parcel #0519022007). The City Council approved Resolution 2382 with Universal Field Services to acquire the sewer easement across the Shepard/Morris property that will encompass approximately 5,973 square feet within the property s non-buildable set-back. Despite presenting the property owners with a written offer of $19,500 on 7/3/14, our real-estate team has not been able to get a meaningful response from the owners. Attachments: Ordinance, Just Compensation Authorization, Second Notice of Condemnation Action, Legal Description, Easement Map, BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance $0 $0 $0 $0 Budget Explanation: COMMITTEE, BOARD & COMMISSION REVIEW Council Committee: CDC Approvals: Yes No Chair/Councilmember Donn Lewis X Committee Date: September 16, 2014 Councilmember Randy McKibbin X Councilmember James Rackley X Forwarded to: Consent Agenda: Yes X No Commission/Board Review: Hearing Examiner Review: Rev. January 2014 Agenda Packet p. 119 of 130
COUNCIL ACTION Workshop Date(s): 16 September 2014 Public Hearing Date(s): Meeting Date(s): 14 February 2015 Tabled to: Director: Dan Grigsby, P.E. Mayor: Neil Johnson Jr. APPROVALS Date Reviewed by City Attorney: (if applicable): Agenda Packet p. 120 of 130 Rev. January 2014
ORDINANCE NO. D15-53 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING THE ACQUISITION OF PROPERTY BY PURCHASE OR CONDEMNATION. WHEREAS, on November 26, 2013, the City Council passed Resolution No. 2322 authorizing the Mayor to sign a Sewer Development Financing Contract and Utility Latecomer Agreement with Kahne Properties, LLC (hereinafter Financing Contract ); and WHEREAS, in approving the Financing Contract, the Council found that extending sewer infrastructure into Eastown would have significant public benefit; and WHEREAS, the Financing Contract provides for the extension of the sewer facilities to be financed with both City and private funds, for the City to manage the construction project as a Public Work, and for the City to use its eminent domain authority if necessary to acquire easements; and WHEREAS, after executing the Financing Contract, the City retained an engineer to design the sewer extension, as well as a right-of-way agent to negotiate acquisition of a sewer easement from the owners of the Shepard/Morris property, Pierce County Parcel No. 0519022007; and WHEREAS, the City s right-of-way agent has attempted numerous contacts with the property owners and has made offers to purchase the property, but has not been successful in reaching agreement; and WHEREAS, the Property Owners have been provided the notice required under RCW 8.12.005 and RCW 8.25.290. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The City Attorney is authorized to file a Petition in Eminent Domain to acquire an easement for a sewer main, along with any necessary construction easements, on the Property, located at 21704 State Route 410 East, Bonney Lake, Pierce County, Washington (Pierce County Parcel No. 0519022007). Said acquisition shall follow the legal description attached as Exhibit A and substantially take the form of the attached Exhibit B (graphic representation of easement area); provided that City staff, and/or the City Attorney, shall make diligent efforts to acquire the easement by negotiated purchase if the property owners are willing to negotiate. Section 2. Acquisition of the sewer easement is for public use and necessity for the reasons set forth in the Financing Contract. This Council s prior findings with regard to public use and benefit are incorporated by reference as if set forth in full. Page 1 of 2 Agenda Packet p. 121 of 130
Section 3. This Ordinance concerns powers solely vested in the Council as a legislative body, and shall take effect five days after passage. PASSED by the City Council and approved by the Mayor this 14th day of April, 2015. AUTHENTICATED: Neil Johnson, Mayor Harwood T. Edvalson, MMC, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p. 122 of 130 Page 2 of 2
TRANSMITTAL UNMRSAL FIELD SERVICES, INC. 1I1 MAIN STREET SUITE IO5 EDMONDS, WA 98020 Tel: (425) 673-5559 Fax: (425) 673-5579 ITI\ÍI\TER.S.ã,I' t tld atnvac 3. lttc. Date: July 1,2014 TO: John Woodcock FROM: Teri Stevenson, Project Coordinator / Sr. Administrative Specialist RE: Project Name: Project Parcel No: Parcel Ownership: Eastown South ULA Sewer lmprovement project 1 Ketura Morris, et al. Enclosures: Quantity Description Action required by Bonney Lake 1 Appraisal Review and retain 1 Concurrence and authorization for payment of Just Compensation Review, approve, return 1 copy via e-mailto Universal Field Services dfrink@ufsrw.com REMARKS: Any questions, please do not hesitate to contact me. Agenda Packet p. 123 of 130
CONCURRENCE AND AUTHORIZATION FOR PAYMENT OF JUST COMPENSATION Project Name: Project Parcel No: Parcel Ownership: Eastown South Ul-A Sewer lmprovement Project 1 Ketura Morris, et al. The undersigned, representing the City of Bonney Lake ('Agency"), does hereby indicate concurrence with the value conclusion in the Appraisal for this parcel in the amount of $19,500.00 and does authorize further action by the Agencyiits agents to proceed with the acquisition of the designated property according to established procedures. Agenda Packet p. 124 of 130
Agenda Packet p. 125 of 130
Agenda Packet p. 126 of 130
Agenda Packet p. 127 of 130