BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173...

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Council may add and take action on other items not listed on this agenda BUCKLEY CITY COUNCIL MEETING AGENDA September 8, 2020 City Council Meeting Opening 7:00 P.M. **Notice: This will be a virtual meeting held via Zoom meetings. To listen to the meeting live, please use the following information. Call-in Number: 253-215-8782 Meeting ID: 854 9862 8250 Call to Order Next Ordinance #16-20 Pledge of Allegiance Next Resolution #20-20 Roll Call of Council Members Next Agenda Bill #AB20-081 A. Citizen Participation Time Limit of Three Minutes (Citizens wishing to speak are Encouraged to sign up at City Hall by Wednesday prior to the Council Meeting) B. Staff Reports 1. Update to Court Operations in Response to COVID-19 Pg. 2. Brush Truck Acquisition Pg. C. Main Agenda 1. Public Hearing – Sewer LS Latecomers Agreement Pg. 2. RES No. 20-___ Sewer LS Latecomers Agreement Pg. 3. Final Acceptance – Cedar Street Improvements Pg. 4. Updated Consultant Agreement – Hearing Examiner Pg. D. Consent Agenda 5. A. Claims B. Transfer Voucher C. Payroll E. Committee Reports 1. Mayor’s Report Johnson 2. Council Member Comments & Good of the Order City Council Agenda Packet 9/8/2020 1 4 6 9 11 27 30

Transcript of BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173...

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Council may add and take action on other items not listed on this agenda

BUCKLEY CITY COUNCIL MEETING AGENDA September 8, 2020

City Council Meeting Opening 7:00 P.M.

**Notice: This will be a virtual meeting held via Zoom meetings. To listen to the meeting live, please use the following information.

Call-in Number: 253-215-8782 Meeting ID: 854 9862 8250

Call to Order Next Ordinance #16-20 Pledge of Allegiance Next Resolution #20-20 Roll Call of Council Members Next Agenda Bill #AB20-081

A. Citizen Participation

Time Limit of Three Minutes (Citizens wishing to speak are Encouraged to sign up at City Hall byWednesday prior to the Council Meeting)

B. Staff Reports

1. Update to Court Operations in Response to COVID-19 Pg. 2. Brush Truck Acquisition Pg.

C. Main Agenda

1. Public Hearing – Sewer LS Latecomers Agreement Pg. 2. RES No. 20-___ Sewer LS Latecomers Agreement Pg. 3. Final Acceptance – Cedar Street Improvements Pg. 4. Updated Consultant Agreement – Hearing Examiner Pg.

D. Consent Agenda

5. A. ClaimsB. Transfer VoucherC. Payroll

E. Committee Reports

1. Mayor’s Report Johnson 2. Council Member Comments & Good of the Order

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A. CITIZEN PARTICIPATION

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B. STAFF REPORTS

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Memo

To: Mayor Pat Johnson

Buckley City Council Paul Weed, City Administrator

From: Jessica Cash, Municipal Court Administrator

Date: August 31, 2020

Re: Update to Court Operations in Response to COVID 19

As the City enters the 6th month of interrupted business practices due to COVID 19, the Municipal Court is continuing to operate at near-normal capacity but with several changes in day-to-day operations. The Multi-Purpose Center and all offices within continue to stay closed to the public until Pierce County moves into Phase 3 of Governor Inslee’s Safe Start Washington Order. The Court suspended all in-person hearings from March 16, 2020 to May 27, 2020 and restarted with several changes to accommodate the health and safety of staff and all parties required to appear. Currently, the Court is operating under a hybrid model of both in-person and virtual hearings utilizing the Zoom software platform while live-streaming on YouTube. While this has been a technical challenge it has also greatly improved public interaction and has allowed in-person hearings to be more intentional and focused. Staff has been and will continue to be available by phone and email during normal business hours to process payments and maintain a high level of customer service. The Administrative Office of the Courts (AOC) was provided with $11.8 million in CARES funding to assist courts with operations. As of this date, AOC has refunded the Buckley Court for the purchase of a webcam and the year-long subscription to the Zoom platform. They have provided the Washington courts with regular shipments of PPE and have developed a process for courts to apply for more funding to assist with COVID related expenses. The Buckley Court has submitted a request for funding to purchase one additional laptop for staff use, one tablet for public use, and two additional webcams for staff computers. There will also be a submission for funding to assist in the possible rental of space that can accommodate jury trials once they are able to resume. The use of virtual software has revealed a need to upgrade the sound and acoustic equipment in the Multi-Purpose Center that is used by City Administration and Council, the Planning Commission, and the Court. On September 1, 2020 a free upgrade to the current recording system (AV Capture All) will allow for better intercommunication

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between Zoom and the current recording system. Staff is partnering with the IT department to research other possible funding options to purchase sound equipment that will result in better and clearer live sound and recordings. All purchases and staff time have been accounted for and will be submitted to the Finance Department to be included in the City’s CARES reimbursement funding. The Court will continue to seek funding and reimbursement for any staff time and purchases determined necessary in response to the ever changing requirements of COVID 19 and will continue to work closely with City management, City staff, and all other stakeholders to remain accessible and efficient. Please let me know if you have any questions or discussion regarding the Court’s ongoing operations and I look forward to updating you again soon. Jessica Cash

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September 1, 2020 To: Mayor and City Council Fr: Eric Skogen, Fire Chief Cc: Paul Weed, City Administrator Re: Brush Truck Acquisition

The City of Buckley Fire Department recently acquired a low-mileage, 1995 Ford F-350, Type 6 Wildland “Brush Truck” from East Pierce Fire & Rescue. This four-wheel drive vehicle has a 250-gallon water tank with an auxiliary pump specially designed for combatting brush and ground-cover fires in areas where a standard structural fire engine would ordinarily not be able to gain access. Late last year, East Piece purchased two new Brush Trucks. Throughout the last few months, East Pierce administration had been in contact with us to solicit interest in obtaining one of their former units. Through ongoing discussion, East Pierce offered this vehicle to us for $750, with the intent of helping to provide initial training and support to create a Wildland Firefighting Team for the City of Buckley Fire Department. Kelly Blue Book places approximately $5,100 in value on the vehicle. The “slip-in style” firefighting unit that is mounted to the flatbed deck is currently valued at $6,500. The addition of another Brush Truck in East Pierce County will prove to be mutually beneficial to the region and to the citizens of Buckley and to the contracted communities that we serve. We anticipate the execution of a future agreement with the Washington State Department of Natural Resources (DNR), allowing us to purchase additional equipment to outfit this vehicle at a 50% reduced cost through the DNR Rural Fire Assistance Program in 2021. https://www.dnr.wa.gov/publications/rp_fire_phase1_grant_requirements.pdf?rl5fpq Preliminary equipment costs are projected at slightly less than $3,000. While the acquisition of this vehicle was not budgeted for in 2020, we are confident that through partnerships, agreements and collaboration with neighboring jurisdictions that we can have this unit in service by the Summer of 2021 with a very minimal impact to our capital and operating expenses. The City of Buckley Fire Department participates in regional, all-risk mobilizations, providing equipment and personnel to help mitigate fires and other emergencies throughout the state. When requested to participate in a mobilization, the Washington State Patrol Fire Protection Bureau compensates agencies for their personnel and equipment. A fully outfitted Brush Truck with a minimum staffing of two trained firefighters has the ability to serve as a new local and regional asset that will also have the ability to serve as an alternative funding source.

CITY OF BUCKLEY FIRE DEPARTMENT

STAFF REPORT

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Current Engine rates as adopted by DNR and the Washington Fire Chiefs Association are found in the table below:

TYPE

Min Pump GPM

Min Tank Gallons

Daily Single Shift w/

Full Staff

Daily Double Shift w/

Full Staff

Daily Single Shift

w/o Staff

Daily Double Shift

w/o Staff 1 1,000 300 N/A N/A $1,862 $3,192 2 500 300 N/A N/A $1,652 $2,832 3 150 500 $2,058 $3,519 $1,162 $1,987 4 50 750 $1,918 $3,280 $1,022 $1,748 5 50 400 $1,848 $3,160 $952 $1,628 6 50 150 $1,778 $3,044 $882 $1,508 7 10 50 $1,498 $2,562 $602 $1,029

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C. MAIN AGENDA

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CITY COUNCIL AGENDA BILL

City of Buckley PO Box 1960

Buckley, WA 98321 ITEM INFORMATION

SUBJECT: Public Hearing: Sewer LS Latecomers Agreement

Agenda Date: September 8, 2020 AB20-081

Department/Committee/Individual Created Reviewed Mayor Pat Johnson X City Administrator – Paul Weed X City Attorney – Phil Olbrechts X City Engineer – Dominic Miller X City Clerk – Treva Percival X X Finance Dept – Saundra Groshong Building Official – Curt Ek

Fire Dept – Chief Skogen Cost Impact: $ Parks & Rec Dept – Kevin Caviezel Fund Source: Planning Dept – Leticia Wallgren Timeline: Police Dept – Chief Northam Municipal Court – Jessica Cash PW/Utilities – Chris Banks Attachments: Public Hearing Notice SUMMARY STATEMENT: This is a public hearing regarding Sewer Latecomer’s Agreement for Spiketon Sewer Lift Station. The public hearing is to solicit public input and comment from interested individuals or groups on the City Council’s consideration of a Sewer Latecomer’s Agreement related to the sanitary sewer lift station construction as part of the White River Meadow’s Plat. COMMITTEE REVIEW AND RECOMMENDATION: N/A RECOMMENDED ACTION: Public Hearing Only

RECORD OF COUNCIL ACTION Meeting Date Action Vote

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NOTICE OF CITY COUNCIL PUBLIC HEARING (REVISED DATE)

REGARDING SEWER LATECOMER’S AGREEMENT FOR SPIKETON SEWER LIFT STATION

NOTICE IS HEREBY GIVEN that the Buckley City Council has scheduled a Public Hearing shortly after 7:00 PM on Tuesday, September 8, 2020, at the Buckley Multipurpose Building at 811 Main Street, Buckley (unless the Governor extends the Open Public Meetings Act Suspension, in which case it will be held via Zoom). The purpose of the Public Hearing is to solicit public input and comment from interested individuals or groups on the City Council’s consideration of a Sewer Latecomer’s Agreement related to the sanitary sewer lift station constructed as part of the White River Meadows Plat. The purpose of the Agreement is to provide, for a period of not to exceed 20 years, for the reimbursement of such real estate owners or developers and their assigns by any owner of real estate who did not contribute to the actual cost of such water, sewer and/or stormwater and who are located within the assessment area described in the agreement and who subsequently tap into or use the same (the “latecomer”). Buckley does not discriminate on the basis of disabilities. If you need special accommodation, please contact City Hall within three business days prior to the public hearing at (360) 761-7801. Comments may be presented orally at the Public Hearing if the Public Hearing is held in person or submitted in writing to the City Clerk at P.O. Box 1960, 933 Main Street, Buckley, WA, 98321, or by email to [email protected], prior to 5:00 PM, Monday, September 7, 2020. Questions may be answered by contacting City staff at (360) 761-7801. Dated this 19th day of August, 2020.

Published: August 26, 2020 Posted: August 19, 2020

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CITY COUNCIL AGENDA BILL

City of Buckley PO Box 1960

Buckley, WA 98321 ITEM INFORMATION

SUBJECT: Agenda Date: September 8, 2020 AB20-082 Resolution No. 20-___Latecomer’s Agreement for Spiketon Sewer Lift Station

Department/Committee/Individual Created Reviewed Mayor Pat Johnson X City Administrator – Paul Weed X City Attorney – Phil Olbrechts X City Engineer – Dominic Miller X X City Clerk – Treva Percival X Finance Dept – Saundra Groshong Building Official – Mike Deadmond

Fire Dept – Chief Predmore Cost Impact: 5% admin fee collected by City Parks & Rec Dept – Kevin Caviezel Fund Source: N/A Planning Dept – Leticia Wallgren Timeline: 20 year recovery period Police Dept – Chief Arsanto Municipal Court – Jessica Cash PW/Utilities – Chris Banks X Attachments: Resolution, Latecomers Agreement with Attachments SUMMARY STATEMENT: A sanitary sewer lift station was constructed by a developer to serve the White River Meadows Plat and additional areas in the basin. Under City codes, the developer may recover costs from properties that connect to the lift station in the future. A resolution and agreement have been prepared. A Public Hearing for the latecomer’s agreement is scheduled for this same council meeting in advance of consideration of this item. COMMITTEE REVIEW AND RECOMMENDATION: N/A RECOMMENDED ACTION: Motion to Approve Resolution No. 20-20Latecomer’s Agreement for Spiketon Sewer Lift Station

RECORD OF COUNCIL ACTION Meeting Date Action Vote

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Return Address:

City of Buckley

City Clerk

P.O. Box 1960

Buckley, WA 98321

Above this line reserved for recording information

LATECOMER’S AGREEMENT FOR SANITARY SEWER

Reference # (if applicable): N/A (unless previous recording)

Additional page:

Grantor: City of Buckley

Grantee: David Evans

Additional on page:

Legal Description / STR: Section 10, Township 19 North, Range 6 East, W.M.

Assessor’s Tax Parcel ID#: 8000380660

This Latecomer’s Agreement for Sanitary Sewer (the “Agreement”) is made and entered

into this ______ day of _________ 2020, by and between the City of Buckley (the "City"), a

municipal corporation of Pierce County, Washington and David Evans (the “Developer”), whose

address is 14576 Fish Lake Road, Leavenworth, Washington 98826.

WHEREAS, pursuant to Chapter 14.14 of the Buckley City Code, the City has by

Resolution No. 20-__ adopted by the City Council of the City on the ___ day of ______, 2020,

approved the execution of this Agreement with the Developer for the sanitary sewer facilities (the

“Facilities”) described in this Agreement; and

WHEREAS, the City has previously accepted the bill of sale in the form (the “Bill of Sale”)

attached as Exhibit A hereto with respect to the Facilities as part of the utility systems of the City,

with said Facilities located on Tract E; and

WHEREAS, the City is the property owner of Tract E, parcel number 8000380660 as

dedicated with the recording of the final plat of White River Meadows with Pierce County

Recording Number 201903055001.

NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND

COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS:

I. DEVELOPER

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As of the date hereof and under the terms of this Agreement, the Developer has the sole right to

recover latecomers fees associated with the Facilities.

II. FACILITIES

The Facilities which have been constructed by the Developer are as described in the attached

Exhibit A as originally permitted under the name Spiketon Road Plat (now known as White River

Meadows) on March 23, 2018, the originals of which are on file at the office of the City Engineer.

The Facilities, most notably the Spiketon Road Sanitary Sewer Lift Station, have been constructed

in accordance with the ordinances and requirements of the City governing the construction

specifications for Facilities of such type, and have been approved by the City Engineer.

III. BENEFIT BOUNDARY

The properties benefited by the Facilities constructed by the Developer are shown on Exhibits B

and C attached hereto. Any owner of real property legally described within the benefit boundary

as shown on the attached Exhibits B and C (the “Benefit Boundary”) shall pay as a condition

for connecting to the Facilities an amount as identified in Section V. All property within the

Benefit Boundary shall be subject to the connection fee as provided in this Agreement as a

condition of issuance of the connection permit by the City. Parcel numbers 1 through 63, which

are the residential lots included in the plat of White River Meadows with Pierce County

Recording Number 201903055001, are excluded from the benefit boundary; are exempt from

future latecomer fees; and are included only for calculating the pro rata share applicable to the

benefit boundary.

IV. LATECOMER FEE

For a period of twenty (20) years from the date that this Agreement is recorded, any owner

(latecomer) of real estate located within the Benefit Boundary, and which owner has not otherwise

fully contributed their pro rata share to the original cost of the Facility, shall pay to the City the

amounts shown in Exhibit C attached hereto (the “Latecomer Fee”). The Latecomer Fee

represents the fair and equitable pro rata share of the cost of construction of the Facilities payable

by properties benefited by the Facilities. Payment of the Latecomer Fee is a condition of issuance

of the connection permit by the City.

The City shall reimburse the Developer within sixty (60) days of the date the City receives payment

from an owner requesting connection to the Facilities.

V. AMOUNT OF REIMBURSEMENT; NOTIFICATION TO PROPERTY OWNERS

The Developer agrees that the amounts which the Developer receives from the property owners

pursuant to Section III herein represents a fair pro rata share reimbursement for the Developer's

construction of the Facilities. The specific amount of reimbursement will be the number of

residential customer equivalents (RCE's) to be connected to the system under that specific permit

multiplied by $1,584.31. The estimated number of RCE's per parcel, along with the estimated

assessment, is shown in Exhibit C attached hereto. The estimated amount of reimbursement for

sanitary sewer facilities is $465,787.47. Per Buckley Municipal Code 14.14.070 the City’s

administrative fee shall be five percent and shall be charged to each latecomer.

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Prior to recordation by the Developer as described in Section VI, the City shall mail to the property

owners of the parcels listed in Exhibits B and C (as reflected in the records of the Pierce County

Assessor’s Office) notification of the allocation of costs to be levied against the properties which

are payable prior to connection to the Facilities. The property owner shall have the right to a review

of the costs with the Director of Public Works if a written request is received by the Director within

twenty one (21) days from the date of mailing of the notice for the purpose of requesting an

adjustment in the allocation of the charge to the property.

The review shall be conducted within fourteen (14) days of the City's receipt of the written request.

If the Director of Public Works does find cause for adjustment in the allocation of the charge to

the benefited property(s), such adjustment will be made and the Developer will be notified of the

adjusted amount(s) prior to recordation. The Director's determination on review shall be final, and

may only be appealed to the Superior Court of the County in which the property is located. The

resulting adjusted Exhibits B and C shall govern reimbursement amounts to be received by the

Developer. If the adjustment results in an increased reimbursement amount to other parcels, the

notification process in this Section V shall be repeated.

VI. EFFECT OF AGREEMENT

The provisions of this Agreement shall not be effective as to any owner of real property not a party

hereto unless this Agreement has been recorded in the office of the County in which the real

property is located prior to the time such owner receives a permit to tap into or connect to the

Facilities.

If for any reason the City fails to obtain a Latecomer Fee before a property owner connects to the

Facilities then the City is not liable for payment to the Developer.

The Developer agrees to pay all fees for recording this Agreement with the County Auditor. The

Developer shall provide the City with confirmation of recording, but such recordation shall only

be made after expiration of review period specified in Section V.

The entire responsibility for notices, recordation and completion of this Agreement is upon the

Developer.

VII. OWNERSHIP OF FACILITIES

By prior acceptance of the Bill of Sale, the City acknowledges and agrees that the Facilities have

been accepted by the City as satisfactory and the City agrees that the Facilities have or will become

a part of the municipal system of the City. All maintenance and operation costs of the Facilities

shall be paid by the City.

VIII. UNAUTHORIZED CONNECTION

Whenever any connection is made into the Facilities which is not authorized by the City, the City

shall have the absolute authority to remove or cause to be removed such unauthorized connections

and all connecting lines or pipes, located in the right-of-way or on City property. The City shall

incur no liability for any damage to any person or property resulting from removal of the

unauthorized connection.

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IX. CURRENT ADDRESS & TELEPHONE NUMBER

Every two years from the date the latecomer agreement is executed, the Developer entitled to

reimbursement under this section shall provide the City with information regarding the current

contact name, address, and telephone number of the person, company, or partnership that originally

entered into the latecomer agreement. If the Developer fails to comply with the notification

requirements of this subsection within sixty (60) days of the specified time, then the City may

collect and reimbursement funds owed to the Developer under the latecomer agreement. Such

funds shall be deposited into the capital improvement fund of the City.

X. COVENANT RUNNING WITH THE LAND

This Agreement shall be a covenant running with the land and be binding on the Developer, its

successors, heirs and assigns and shall be binding on the legal owners of all properties within the

Benefit Boundary and their successors, heirs and assigns.

XI. HOLD HARMLESS

The Developer will defend, indemnify, and save the City and the City's officials and agents

harmless from all claims and costs of defense arising out of this Agreement as a result of

Developer’s actions, misconduct or breach of contract, including but not limited to attorney's fees,

expert witness fees, and the cost of the services of engineering and other personnel whose time is

reasonably devoted to the preparation and attendance of depositions, hearings, arbitration

proceedings, settlement conferences and trials growing out of the demands and/or actions of

property owners incurred in the performance or completion of this Agreement.

XII. CONSTITUTIONALITY OR INVALIDITY

If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid

or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or

constitutionality of the remaining portions of this Agreement, as it being hereby expressly declared

that this Agreement and each section, subsection, sentence, clause and phrase hereof would have

been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one

or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional.

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CITY

SIGNATURE PAGE TO LATECOMERS AGREEMENT

BY CITY:

CITY OF BUCKLEY

By: ___________________________

Name: ________________________

Its: ___________________________

STATE OF WASHINGTON )

) ss.

COUNTY OF PIERCE )

I certify that I know or have satisfactory evidence that _______________________ is the

person who appeared before me, and said person acknowledged that he/she signed this instrument,

on oath stated that he/she was authorized to execute the instrument and acknowledged it as the

_______________________________ of _______________________________, to be the free

and voluntary act of such party for the uses and purposes therein mentioned in the instrument.

Dated: _________________________

________________________________________________

Notary Public in and for the State of Washington,

residing at _________________________________

My commission expires ______________________

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DEVELOPER

SIGNATURE PAGE TO LATECOMERS AGREEMENT

BY DEVELOPER:

By: David Evans

By: ______________________________

David Evans

STATE OF WASHINGTON )

) ss.

COUNTY OF PIERCE )

I certify that I know or have satisfactory evidence that _______________________ is the

person who appeared before me, and said person acknowledged that he/she signed this instrument,

on oath stated that he/she was authorized to execute the instrument and acknowledged it as the

_______________________________ of _______________________________, to be the free

and voluntary act of such party for the uses and purposes therein mentioned in the instrument.

Dated: _________________________

________________________________________________

Notary Public in and for the State of Washington,

residing at _________________________________

My commission expires ______________________

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CITY OF BUCKLBYBILL OF SALE foT SANITARY SE\ilER

KNOW ALL BY THESE PRESENTS that for and in consideration of the sum of One Dollar($1.00) and other good and sufficient consideration, receipt whereof is hereby acknowledged, theundersigned grantor Richmond American Homes of Washington, LLC does by these presentshereby convey, set over, assign, transfer and sell to the City of Buckley, Pierce County,Washington, a municipal corporation, the sewer distribution lines and all appurtenances thereto,located within the White River Meadows, as situated in the City of Buckley, Pierce County,Washington. The location of the sewer distribution mains and appurtenances thereto are depictedon Exhibit "A" and are more particularly described on Exhibit "B" attached hereto.

the said grantor(s) hereby warrants that he, they, it, islare the sole owner(s) of all the propertyabove described; that they have full power to convey all rights herein conveyed and agree to holdthe City of Buckley harmless from any and all claims which might result from execution of thisdocument.

IN SS WHEREOF the grantor(s) has/have executed these presents this.2019.

!llauv or

Date 3 I I

STATE OF WASHTNGTON )) ss.

PIERCE COUNTY )

On this lt day o1' 2019, befbre me the undersigned Notary Public personallyappeared to me known to be the individual(s) who executed thewithin and foregoing and acknowledged that_ he_ signed and sealed the same as

free and voluntary act and deed, for the uses and purposes therein mentioned

GIVEN under my hand and official seal the day and year in this certihcate above written

rL

tlllltlltr,

Notary Public in and for the State of Washington

Residing at

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dmiller
Text Box
EXHIBIT A: PAGE 1 OF 3
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WHITE RIVER TEADOWSSEWER SYSTEM BILL OF SALE

EXHIBIT

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City Council Agenda Packet 9/8/2020

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EXHIBIT A: PAGE 2 OF 3
Page 20: BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173 Tanner Ave 2.92* R-8000 12 $19,463.82 Joseph and Angelyn Thatcher PO Box 1252, Buckley,

CES IYW fnc.Civil Engineering & Surveying

Project: White River Meadows

Bill of Sale

429 - 29th St. N.E., Suite DPuyallup, WA 98372

Phone: (253)848-4282Fax: (253) 8484272

Exhibit B Job #:

Date:

18042

217/20t9

ITEMNO. DESCRIPTION NO. UNITS

UNITPRICE COST

SANITARY SEWER SYSTEMS

90.004 PVC SDR-35,8"

90.005 PVC SDR-35,6"

90.01 I Service Tees

90.017 Sanitary Sewer Manholes 48", Up to 8'Deep

90.019 Drop Manhole 54"

90.052 Outside Drop Connection

90.064 Pump Station

2,760 LF $38.70

2,400 LF $35.20

63 en $85.00

12 e¡ $3,800.00

2 EA $5,990.00

3 ea $2,700.00

1 LS $509,567.00

SUBTOTAL SEC.9O.OO

SBCTION TOTALS

$106,812.00

$84,480.00

$5,355.00

$45,600.00

$11,980.00

$8,100.00

$509,567.00

$771,894.00

$771,894.00

Filename: Exhibit B Sever Bill of Sale 2/7/2019 9:01 AM Page I of I City Council Agenda Packet 9/8/2020

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EXHIBIT A: PAGE 3 OF 3
Page 21: BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173 Tanner Ave 2.92* R-8000 12 $19,463.82 Joseph and Angelyn Thatcher PO Box 1252, Buckley,

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TANNER AVE

RYAN AVE

726

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724

722

730

732

734

736

736

734

900

830

Civil Engineers

Structural Engineers

Landscape Architects

Community Planners

Land Surveyors

Neighbors

T A C O M A

2215 North 30th Street, Suite 300, Tacoma, WA 98403253.383.2422TEL

S E A T T L E

316 Occidental Avenue South, Suite 320, Seattle, WA 98104206.267.2425TEL

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SPIKETON ROAD

GRAPHIC SCALE

0 400

1" = 400 FEET

2000

71

0619102017

72

0619102016

70

0619101055

73

0619102012

74

0619102014

69

0619101056

68

0619101007

67

0619101082

66

0619101083

76

0619106007

75

0619106006

64

0619101077

65

0619101068

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3

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7

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8

-080

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16

15

45

-450

44

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43

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42

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41

-410

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-400

46

-460

47

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48

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49

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31

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30

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27

26

25

24

-250

-240

58

-580

59

-590

60

-600

61

-610

62

-620

63

-630

57

-570

56

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55

-550

54

-540

53

-530

52

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-2

10

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EXHIBIT B: PAGE 1 OF 1
Page 22: BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173 Tanner Ave 2.92* R-8000 12 $19,463.82 Joseph and Angelyn Thatcher PO Box 1252, Buckley,

Spiketon Plat Lift Station Latecomer Agreement

Map # PARCEL NUMBER SITE ADDRESSPARCELSIZE IN AC ZONING

POSSIBLERE'S

PAYBACKAMOUNT OWNER MAILING ADDRESS

1 8000380010 655 S. Knowles Street 0.1699 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 802372 8000380020 641 S. Knowles Street 0.139 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 802373 8000380030 633 S. Knowles Street 0.1392 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 802374 8000380040 625 S. Knowles Street 0.1392 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 802375 8000380050 617 S. Knowles Street 0.1392 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 802376 8000380060 611 S. Knowles Street 0.1397 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 802377 8000380070 601 S. Knowles Street 0.1929 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 802378 8000380080 904 E. Doud Ave 0.138 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 802379 8000380090 916 E. Doud Ave 0.1377 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 80237

10 8000380100 938 E. Doud Ave 0.1377 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023711 8000380110 954 E. Doud Ave 0.1377 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023712 8000380120 978 E. Doud Ave 0.138 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023713 8000380130 998 E. Doud Ave 0.1746 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023714 8000380140 602 S. Page Street 0.2124 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023715 8000380150 607 S. Davis Street 0.1753 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023716 8000380160 605 S. Davis Street 0.204 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023717 8000380170 1239 E. Brown Place 0.376 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023718 8000380180 1215 E. Brown Place 0.3163 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023719 8000380190 1199 E. Brown Place 0.1404 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023720 8000380200 1177 E. Brown Place 0.1473 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 80237

Map # PARCEL NUMBER SITE ADDRESSPARCELSIZE IN AC ZONING

POSSIBLERE'S

PAYBACKAMOUNT OWNER MAILING ADDRESS

21 8000380210 1159 E. Brown Place 0.1393 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023722 8000380220 1137 E. Brown Place 0.1425 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023723 8000380230 1119 E. Brown Place 0.1426 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023724 8000380240 608 S. Davis Street 0.18 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023725 8000380250 616 S. Davis Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023726 8000380260 624 S. Davis Street 0.1415 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023727 8000380270 632 S. Davis Street 0.1436 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023728 8000380280 640 S. Davis Street 0.1436 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023729 8000380290 648 S. Davis Street 0.1389 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023730 8000380300 656 S. Davis Street 0.1389 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023731 8000380310 664 S. Davis Street 0.1389 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023732 8000380320 672 S. Davis Street 0.14 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023733 8000380330 680 S. Davis Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023734 8000380340 677 S. Davis Street 0.1388 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 80237

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EXHIBIT C: PAGE 1 OF 3
Page 23: BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173 Tanner Ave 2.92* R-8000 12 $19,463.82 Joseph and Angelyn Thatcher PO Box 1252, Buckley,

Spiketon Plat Lift Station Latecomer Agreement

35 8000380350 998 E. Rawson Ave 0.1382 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023736 8000380360 988 E. Rawson Ave 0.138 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023737 8000380370 980 E. Rawson Ave 0.1384 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023738 8000380380 978 E. Rawson Ave 0.1382 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023739 8000380390 956 E. Rawson Ave 0.1379 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023740 8000380400 937 E. Rawson Ave 0.1538 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 80237

Map # PARCEL NUMBER SITE ADDRESSPARCELSIZE IN AC ZONING

POSSIBLERE'S

PAYBACKAMOUNT OWNER MAILING ADDRESS

41 8000380410 648 S. Knowles Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023742 8000380420 642 S. Knowles Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023743 8000380430 630 S. Knowles Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023744 8000380440 622 S. Knowles Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023745 8000380450 620 S. Knowles Street 0.1538 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023746 8000380460 617 S. Page Street 0.1538 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023747 8000380470 625 S. Page Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023748 8000380480 633 S. Page Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023749 8000380490 641 S. Page Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023750 8000380500 649 S. Page Street 0.1387 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023751 8000380510 663 S. Page Street 0.1538 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023752 8000380520 658 S. Page Street 0.162 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023753 8000380530 648 S. Page Street 0.1473 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023754 8000380540 642 S. Page Street 0.1473 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023755 8000380550 624 S. Page Street 0.1473 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023756 8000380560 616 S. Page Street 0.1473 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023757 8000380570 610 S. Page Street 0.14 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023758 8000380580 611 S. Davis Street 0.1718 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023759 8000380590 619 S. Davis Street 0.1577 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023760 8000380600 623 S. Davis Street 0.1484 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 80237

Map # PARCEL NUMBER SITE ADDRESS PARCEL SIZE IN ACZONINGPOSSIBLE

RE'S PAYBACKAMOUNT OWNER MAILING ADDRESS (if different from site)

61 8000380610 641 S. Davis Street 0.1473 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023762 8000380620 649 S. Davis Street 0.1473 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023763 8000380630 659 S. Davis Street 0.162 R-6000 1 $1,621.99 Richmond American Homes 4350 S. Monaco Street, Denver Co 8023764 O619101077 690 Spiketon Ave 6.4 R-6000 26 $42,171.61 Brandon and Ilexis Anderson65 O619101068 1345 Ryan Road 7.59* NMU 30 $48,659.55 Warford Enterprises 20405 SE 344th Street, Auburn, WA 9809266 O619105002 XXX Ryan Road 4.17* NMU 17 $27,573.75 Richard Cnossen 1315 Marion Street, Enumclaw, WA 9802267 O619101700 1435 Ryan Road 8.92* R-8000 37 $60,013.45 Charlotte Hann 718 Griffin Ave #260, Encumclaw, WA 9802268 O619101001 XXX Undetermined Situs 0.52* R-8000 2 $3,243.97 Douglas and Lynn Weston 12417 321st Ave East, Buckley, WA 98321

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EXHIBIT C: PAGE 2 OF 3
Page 24: BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173 Tanner Ave 2.92* R-8000 12 $19,463.82 Joseph and Angelyn Thatcher PO Box 1252, Buckley,

Spiketon Plat Lift Station Latecomer Agreement

69 O619101083 1173 Tanner Ave 2.92* R-8000 12 $19,463.82 Joseph and Angelyn Thatcher PO Box 1252, Buckley, WA 9832170 O619101082 1081 Tanner Ave 2.05* R-8000 8 $12,975.88 Loren and Margaret Tegenfeldt71 O619101024 800 Spiketon Road 2.54* R-8000 10 $16,219.85 John Mays and Phyllis Scriven72 O619101007 790 Spiketon Road 4.8 R-8000 15 $24,329.78 Walter S. Thompson 17454 SE 196th Drive, Renton, WA 9805873 O619101056 700 Spiketon Road 4.07 R-8000 13 $21,085.81 Cameron and Amy DeBoer74 O619101055 700 Spiketon Road 0.757 R-8000 2 $3,243.97 Cameron and Amy DeBoer75 O619102017 697 Spiketon Road 13.3 R-6000 53 $85,965.21 Rose Shepler 3005 14th Street, Eau Claire, WI 5470376 O619102016 XXX S. Division Street 15 R-6000 70 $113,538.96 Maracu, LLC 15001 35th Ave West #14-101, Lynnwood, WA 9808777 O619102012 669 Spiketon Road 1.7 R-6000 7 $11,353.90 Laurence L. Rawdon78 O619102014 649 Spiketon Road 1.019 R-6000 4 $6,487.94 Vicki L. Narolski PO Box 1166, Buckley, WA 9832179 O619106006 621 Spiketon Road 0.516 R-6000 2 $3,243.97 Donald and Sherrie Gallion PO Box 564, Buckley, WA 9832180 O619106007 633 Spiketon Road 8.32 R-6000 31 $50,281.54 Landcor LLC 20916 Church Lake Drive E, Bonney Lake, WA 98391

402 $652,038.00

assume 4 lots/net developable for R-8,000 80% developableassume 5 lots/net developable for R-6,000 80% developableNMU Zone - assume SF minimum lot size 8,000 (BMC19.20.050)*Split sewer basin

total cost $652,038Total RE 402Cost per RE $1,621.99

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EXHIBIT C: PAGE 3 OF 3
Page 25: BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173 Tanner Ave 2.92* R-8000 12 $19,463.82 Joseph and Angelyn Thatcher PO Box 1252, Buckley,

Resolution No. 20-__ Page 1 of 2

CITY OF BUCKLEY, WASHINGTON

RESOLUTION NO. 20-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUCKLEY, PIERCE COUNTY, WASHINGTON APPROVING A LATECOMER’S AGREEMENT BETWEEN THE CITY AND DAVID EVANS FOR PARTIAL REIMBURSEMENT FOR THE COST OF CONSTRUCTING A REQUIRED PUBLIC UTILITY IMPROVEMENT.

WHEREAS, the Buckley Municipal Code and the State Environmental Policy Act may

require private development to make infrastructure improvements; and

WHEREAS, Chapter 35.91 RCW provides that, at the owner's request, a municipality

must contract with the owner of real estate for the construction or improvement of water or sewer

facilities that the owner elects to install solely at the owner's expense. The owner must submit a

request for a contract to the municipality prior to approval of the water or sewer facility by the

municipality; and

WHEREAS, BMC 14.14 describes the process for a property owner or developer to

request the execution of a latecomer agreement with the City Council for water, sewer and/or

stormwater facilities to provide for the partial reimbursement of the cost of constructing the

water, sewer and/or stormwater natural gas facilities; and

WHEREAS, A sanitary sewer lift station was constructed along Spiketon Road as part of

the White River Meadows Plat; and

WHEREAS, David Evans has submitted a proposed latecomer’s agreement, including a

description of the methodology and the pro rata share for each property to the City seeking to be

partially reimbursed for the cost of constructing the improvement; and

WHEREAS, the City accepted the improvement as complete on March 11, 2019; and

WHEREAS, the City engineer reviewed and approved the method of assessment and

cost of construction on August 12, 2020; and

City Council Agenda Packet 9/8/2020

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Resolution No. 20-__ Page 2 of 2

WHEREAS, David Evans sent appropriate notice to all affected property owners via

certified mail on August 24, 2020; and

WHEREAS, the City Council provided notice of a public hearing on August 19, 2020

and on August 26, 2020, and conducted a public hearing on the proposed latecomer’s agreement

on September 8, 2020; and

NOW THEREFORE BE IT RESOLVED the City Council of the City of Buckley

hereby approves the Spiketon Sewer Lift Station Latecomer’s Agreement with Exhibits attached

hereto and incorporated by this reference as if set forth in full.

Introduced, passed and approved this 8th day of September, 2020.

____________________________

Pat Johnson, Mayor

ATTEST:

____________________________

Treva Percival, City Clerk

APPROVED AS TO FORM:

____________________________

Phil Olbrechts, City Attorney Posted:

City Council Agenda Packet 9/8/2020

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CITY COUNCIL AGENDA BILL

City of Buckley PO Box 1960

Buckley, WA 98321 ITEM INFORMATION

SUBJECT: Agenda Date: September 8, 2020 AB20-083 Final Acceptance- Cedar Street Improvements

Department/Committee/Individual Created Reviewed Mayor Pat Johnson X City Administrator – Paul Weed X City Attorney – Phil Olbrechts X City Engineer – Dominic Miller X City Clerk – Treva Percival X Finance Dept – Saundra Groshong Building Official – Curt Eck

Fire Dept – Chief Skogen Cost Impact: NA Parks & Rec Dept – Kevin Caviezel Fund Source: NA Planning Dept – Leticia Wallgren Timeline: NA Police Dept – Chief Northam Municipal Court – Jessica Cash PW/Utilities – Chris Banks X X Attachments: Notice of Completion- Cedar Street Improvements SUMMARY STATEMENT: Staff is requesting and recommending that the City Council grant final acceptance to the Cedar Street Improvement Project. Pursuant to the engineer’s certification, the project has been constructed in conformity to the approved plans and specifications. COMMITTEE REVIEW AND RECOMMENDATION: N/A RECOMMENDED ACTION: MOVE to Approve Final Acceptance of the Cedar Street Improvement Project.

RECORD OF COUNCIL ACTION Meeting Date Action Vote

City Council Agenda Packet 9/8/2020

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Revised #

Assigned to:

UBI Number:

Yes No

Yes

Telephone #

Bond Number:

If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.

Date Work Commenced Date Work Completed

Contractor Address

Date Contract Awarded

Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)Name:

Department Use Only

Original

NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT

Project Name

Date Assigned:

Job Order Contracting

Federally funded transportation project? Contractor's Name

Description of Work Done/Include Jobsite Address(es)

Affidavit ID*No (if yes, provide Contract Bond Statement below)

Name & Mailing Address of Public Agency

E-mail Address

Contract NumberNotice is hereby given relative to the completion of contract or project described below

Date: Contractor's UBI Number:

Date Work Accepted

Were Subcontracters used on this project? If so, please complete Addendum A.       Yes No

$$ $$ $$ $

%

$$ $

Contact Name: Title:

Affidavit ID* - No L&I release will be granted until all affidavits are listed.

Amount Disbursed

p

Sales Tax Rate

Contract Amount

NOTE: These two totals must be equalTOTAL

Comments:

Sales Tax Amount

Reductions ( - )

Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below.

TOTAL

Liquidated Damages

Email Address: Phone Number:

p

Sub-Total

Additions ( + )

Amount Retained

(If various rates apply, please send a breakdown)

Contract Release(855) 545-8163, option # [email protected]

Employment Security DepartmentRegistration, Inquiry, Standards & Coordination Unit(360) [email protected]

Department of RevenuePublic Works Section(360) [email protected]

F215-038-000 10-2014REV 31 0020e (10/26/15)p @ g

City Council Agenda Packet 9/8/2020

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Page 29: BUCKLEY CITY COUNCIL MEETING AGENDA September 8 ...3F3908CB...2020/09/08  · 69 O619101083 1173 Tanner Ave 2.92* R-8000 12 $19,463.82 Joseph and Angelyn Thatcher PO Box 1252, Buckley,

Subcontractor's Name: UBI Number: (Required) Affidavit ID*

Addendum A: Please List all Subcontractors and Sub-tiers BelowThis addendum can be submitted in other formats.Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.

For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711.REV 31 0020e Addendum (10/26/15) F215-038-000 10-2014

City Council Agenda Packet 9/8/2020

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CITY COUNCIL AGENDA BILL

City of Buckley PO Box 1960

Buckley, WA 98321

ITEM INFORMATION SUBJECT: Agenda Date: September 8, 2020 AB20-084

Updated Consultant Services Agreement Addendum with the City Hearing Examiner’s office – McCarthy & Causseaux, Inc. – to update the list of available hearing examiners and rates

Department/Committee/Individual Created Reviewed Mayor Pat Johnson X City Administrator – Paul Weed X City Attorney – Phil Olbrechts City Engineer – Dominic Miller

City Clerk – Treva Percival Finance Dept – Saundra Groshong Building Official – Curt Ek Fire Dept – Chief Predmore

Cost Impact: $ Parks & Rec Dept – Kevin Caviezel

Fund Source: Planning Dept – Leticia Wallgren X X Timeline: Planning Dept – Evan Lewis X X Police Dept – Chief Northam

Municipal Court – Jessica Cash PW/Utilities – Chris Banks

Attachments: 1) Current list of approved Hearing Examiners (approved by Council 9/24/2019); and 2) Updated Addendum to Hearing Examiner’s Consultant Services Agreement, with updated Exhibit A showing new Hearing Examiners and rates

SUMMARY STATEMENT: On September 11, 2013, the City of Buckley entered into a Consultant Services Agreement with McCarthy & Causseaux, Inc., P.S. (the Hearing Examiner). An addendum to the Consultant Services Agreement was approved by Council on September 24, 2019 with an updated list of available hearing examiners. McCarthy & Causseaux recently informed the City that some of the Hearing Examiners on the currently approved list have left their office and a new hearing examiner has been hired. The attached updated agreement would replace the current list of available hearing examiners with an updated list (shown in Exhibit A) along with their updated rates as proposed by the Hearing Examiner’s office.

COMMITTEE REVIEW AND RECOMMENDATION:

RECOMMENDED ACTION: MOVE to Approve the Addendum to the Consultant Services Agreement – Hearing Examiner

RECORD OF COUNCIL ACTION Meeting Date Action Vote

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Currently Approved Hearing Examiners - Approved by Council 9/24/2019

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Hearing Examiner Contract Addendum #2 - 2020

1. Amended Paragraph Three (3), Payment - 3. Payment. The CONSULTANT shall be paid bythe CITY for satisfactorily completed work and services satisfactorily rendered under thisagreement as provided in Exhibit A, attached hereto and incorporated herein by this reference asif set forth in full. Such payment shall be full compensation for work performed or servicesrendered and for all labor, materials, supplies, equipment, and incidentals necessary to completethe work specified in the Scope of Work attached. The CONSULTANT shall be entitled to invoicethe CITY no more frequently than once per month during the course of the completion of workand services by the CONSULTANT. Invoices shall detail the work performed or servicesrendered, the time involved (if compensation is based on an hourly rate) and the amount to bepaid. The CITY shall pay all such invoices within 45 days of submittal, unless the CITY givesnotice that the invoice is in dispute. In no event shall the total of all invoices paid exceed themaximum amount payable set forth above, if any, and the CONSULTANT agrees to perform allservices contemplated by this agreement for no more than said maximum amount.

2. Amended Paragraph Sixteen (16). Subcontracting or Assignment - 16. The CONSULTANTmay not assign or subcontract any portion of the services to be provided under this agreementwithout the express written consent of the CITY. Any subconsultants approved by the CITY at theoutset of this agreement are named on Exhibit A attached hereto and incorporated herein by thisreference as if set forth in full.

3. Effect of Addendum. This Addendum is in addition to the Agreement. The provisions of thisAddendum modify the basic Agreement. Except as otherwise provided herein, each provision ofthe Agreement shall continue in full force and effect as if this addendum did not exist.

Proposed Updated Hearing Examiner's Agreement Addendum - 9/8/2020

Addendum to Consultant Services Agreement

THIS ADDENDUM to the Consultant Services Agreement (“Addendum”) is in addition to (and incorporated therein by this reference) that certain Consultant Services Agreement (Agreement) between the City of Buckley (the City), a Washington Municipal corporation, and McCarthy & Causseaux, Inc., P.S. (the Hearing Examiner) dated September 11, 2013.

WHEREAS, the City and Hearing Examiner jointly agree to amend the terms of the original agreement in order to adjust the list of authorized hearing examiners and adjust compensation scales;

NOW THEREFORE, FOR AND IN CONSIDERATION OF the mutual promises, terms and conditions set forth in the Agreement and contained herein, the Parties hereby agree as follows:

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Hearing Examiner Contract Addendum #2 - 2020

IN WITNESS WHEREOF, the parties have caused this Addendum to be signed and executed this 8th day of September, 2020.

CITY OF BUCKLEY HEARING EXAMINER

By____________________________________ By____________________________________ Mayor Pat Johnson Stephen Causseaux

Attest/Authenticated

By____________________________________ Treva Percival, City Clerk

Approved as to Form:

BY_____________________________________ Phil Olbrechts, City Attorney

Proposed Updated Hearing Examiner's Agreement Addendum - 9/8/2020

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Proposed Updated Hearing Examiner's Agreement Addendum - 9/8/2020

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D. CONSENT AGENDA

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E. COMMITTEE REPORTS

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