City of. Location: Justice & Municipal Center; Conference Room 300; 9002 Main Street, Bonney Lake, WA 98391

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1 Community Development Committee April 2, :30 P.M. Agenda City of Council Committees are primarily concerned with legislative/policy matters. They formulate and convey recommendations to the full council for action (BLMC ). Location: Justice & Municipal Center; Conference Room 300; 9002 Main Street, Bonney Lake, WA Committee Liaison: Leslie Harris, Management Analyst / Executive Assistant Department Head Contact: John Vodopich, City Administrator Committee Clerk: Debbie McDonald, Administrative Specialist III Call to Order: Councilmember Dan Swatman, Chair Roll Call: Councilmember Dan Swatman, Councilmember Jim Rackley, and Councilmember Michelle Surdez Reports/Presentations: 1. USPS Zip Codes John Vodopich, City Administrator Business/Action Items: 1. AB19-53 Resolution 2732: Authorize a Professional Services Agreement with Utility Services Associations for the 2019 Leak Detection Surveying Dave Cihak, Assistant Superintendent 2. AB19-63 Resolution 2738: Authorize the Small Public Works Contract for Lift Station 14 Generator Improvements with Source Electric, LLC Andrew Fonda, Assistant City Engineer 3. AB19-55 Resolution 2733: Authorizing the Approval of the WSDOT ROW Procedures for the City of Bonney Lake John Woodcock, City Engineer 4. Approval of March 5, 2019 Meeting Notes Debbie McDonald, Administrative Specialist III Open Committee Discussion: 1. Water Leak Adjustment Code and Policy Revision Dan Swatman, Councilmember Adjourn: 1

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3 AVE E 233RD AVE E 91ST ST E 91ST ST CTE TH ST E 92ND ST E 230TH AVE E 234TH AVE E City of Bonney Lake USPS Zip Code Boundary 96TH ST E Buckley Bonney Lake Legend 214TH AVE E ST ST E 102ND ST E 104T H PA R K SOUTH PRAIRIE RD E ST CT E D R E CT E 218TH AVE AVE CTE 219TH 106TH ST E 107TH ST E 221ST AVE E 108TH ST CT E 222ND AVE E 223RD AVE E 224TH AVE E SR 410 E E 225TH AVE CT TH AVE E 229TH AV E E 102ND ST E ENTWHISTLE RD E 230TH AVE E ST Fe nel Creek 102ND ST CT E 106TH ST E 234TH AVE E 109TH S T CT E 108 T H ST CT E USPSZip CodeBoundary Buck leyzip Code98321 Tax Parcels Roads Hydro -Waterbodies Hydro Centerline PublicRigh tofway PrivateRigh tofway BonneyLak ecitylim its USPS Zip Code Boundary sh ow n on th is m ap represents th edepiction ofth eboundarylineas sh ow n on th e USPSEveryDoorDirectMail w ebapp. h tps:/eddm.usps.com Th em ap features areapprox im ateandareintended only to provide an indication of said feature. Additional areas th ath avenotbeen m appedm aybe present.th is is notasurvey.orth oph otos andoth er datam aynotalign.th ecityofbonneylak eassum es no liabilityforvariations ascertainedbyactual survey. ALLDATAISEXPRESSLYPROV IDED ASIS AND WITHALLFAULTS.Th ecityofbonneylak em ak es ± no w aranty offitness for a particular purpose ,000 Feet February21,2019 3

4 March 6, 2019 Dear John, This letter is to serve as notice of the impact at the Buckley address as assigned to both our current building and our planned development on the south acreage of our property. Our property is part of Bonney Lake East Town, it is part of a multi-phase project to develop the East Town area into an industrial warehouse zone. At the start of the project the city assigned us a street address that was understood to be in Bonney Lake. During the time where the post office decided to re-allocate the property to Buckley our project was not notified and unable therefore to contest, as should ve been our right. The assignment of the Buckley address has many negative business consequences. First, on assignment of our address when construction started we altered the printing plate of the box artwork for 18 products and each of their associated User Manuals and Assembly Instructions (several documents per each of the 18 products). This was a significant investment. Second, stock is on hand of product with the Bonney Lake address and is currently being shipped and sold to customers nationwide. Current stock on-hand and on-order is in excess of 8 million dollars. Third, drayage and shipping negotiations are done based on city and ZIP Code. Buckley is considered a rural zone and therefore the assignment of this address negatively impacts our negotiation position with the trucking companies who will handle transportation of our goods from the port. Fourth, lease potential, again, Buckley is considered a rural zone, listing our property for lease with the Buckley city and ZIP Code will negatively impact our ability to execute on our business plan of leasing additional space to cover our costs, as was the intention when we both purchased and initiated the building project when it was understood that our address was in Bonney Lake. Fifth, staffing impact, the Buckley address in accurately portrays the physical location of the building, costing us potentials employees when placing job postings. Thank you for your consideration, Rylie Leier Owner 4

5 Hello John, I m just getting back to you about the Zip Code Boundary Review Process. As information, the Zip Code system is designed to provide an efficient postal distribution and delivery network. Zip Codes are, therefore, closely linked to factors such as mail volume, delivery area size, geographic location and topography, but not necessarily to municipal or perceived community boundaries. To begin the review process, you must submit the specific changes desired, along with any rationale and justification, in writing, to our District Manager. Basically, you need to build your case for these changes. You must include the addresses which are in dispute, and maps if available. He will make a decision to grant/deny your request or propose alternate solutions within 60 days. If you disagree with the final determination, you will then have 45 days to appeal the decision. His name and address appear below. If you prefer, you may scan and the letter to me and I will present it to him as I work in the district office. Darrell Stoke, District Manager-Seattle th Ave S, Flr 2 Federal Way, WA Respectfully, Teresa Phillips Business Service Network Representative Seattle District (253) Mr. Leier, I have had several conversations with both Tina Fisher and her manager since speaking with Mr. Young last week so they are aware of your concerns. It is important for you to understand that Zip Codes were developed by the Postal Service for our own use in efficiency of delivery. We have the responsibility and authority to create Zip Codes/delivery routes that will ensure the prompt and accurate delivery of the mail for all Postal customers. 5

6 I apologize if you were given the impression that your Zip Code would be for Bonney Lake 98391, but it does not appear that that misinformation was provided to you by the USPS. The delivery route associated with rd Ave E is in Buckley, and our specialists have determined that it is in the best interest of our business for it to remain so. If you choose to proceed, the boundary review process must be initiated by the City of Bonney Lake or an interested community group. They may write to Mr. Stoke at the address provided as I am unable to release his or phone number. It is strongly recommended that we have documented endorsement of your request by local government officials. This will help to ensure that the non-postal interests of all customers is represented fairly and in concert with long-term municipal planning. I am sincerely sorry that we will be unable to resolve this matter to your satisfaction at this time. Respectfully, Teresa Phillips Business Service Network Representative Seattle District (253)

7 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Public Works / Dave Cihak, Assistant Superintendent Agenda Item Type: Resolution Meeting/Workshop Date: 9 April 2019 Ordinance/Resolution Number: 2732 Agenda Bill Number: AB19-53 Sponsor: Agenda Subject: Authorize a Professional Services Agreement with Utility Services Associates for the 2019 Leak Detection Surveying Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing A Professional Services Agreement With Utility Services Associates For The 2019 Leak Detection Surverying. Administrative Recommendation: Approve Background Summary: The Washington State Department of Health (DOH) mandates a goal of less than 10% Distribution System Leakage (DSL), or Unaccounted for Water. The five year average ( ) of 9.79% continues to show improvements toward accomplishing and maintaining compliance with this goal. In 2017 our DSL was at 8.33% and 2018 our DSL was at 8.56%. This is in comparison to 2002 when no leak detection work was performed, and the DSL was an astounding 21.31%. Staff utilizes many tools and procedures to continually work towards lowering the amount of water that is unaccounted for or lost through leaks in buried piping and infrastructure. One of the most successful methods used has been through the use of a leak detection service. This service utilizes state of the art technology, technicians, and equipment to listen to all water system appurtenances to detect the sounds of leakage. Once they have identified a potential leak, they then pinpoint or correlate the location of the leak for City staff to excavate and repair the leaks. Since 2014 the City has utilized a Point to Point leak detection method. This method listens to all appurtenances including water mains, valves, fire hydrants, service lines, and meters. The annual goal of the leak detection survey is to target 20-25% of the system based on total infrastructure. This method covers older sections of the system as well as newer construction areas. Water staff work with GIS staff to develop maps and water system components to accomplish these goals. The 2018 survey covered miles of pipe and 3,605 access points. The survey identified 10 leaks totaling gallons per minute which is equivalent to 70,920 gallons per day or 25,885,800 gallons per year. The 2018 survey was conducted in the northwestern and northern portions of the distribution system. The proposed 2019 survey will continue in the northeastern and eastern portions of the system with a goal of 20-25% of the entire system. This includes approximately 50 miles of pipe, 3,253 water meters, 400 fire hydrants, 1,298 valves, and 219 miscellaneous appurtenances (i.e. blow offs, air vacuum relief valves, and water quality sample stations). An Invitation to Quote was sent February 14, 2019 to all Leak Detection vendors off the MRSC Small Works Roster. One proposal was received February 27, 2019, lowest quote was from Utility Services Associates for an hourly rate of $ Approximately one hundred and twenty hours (120) x $ = $18, Attachments: Resolution 2732, Professional Services Agreement, Exhibit A.1, A.2 & B, and Leak Detection Map Budget Amount $30,000 Current Balance $30,000 BUDGET INFORMATION Required Expenditure $18, Budget Balance $11,865 Budget Explanation: Reoccurrng O&M Leak Detection; Project A4 Leak Detection Program 2019 Water Utility Capital Improvement Program. Revenue: O & M Rates Fund Source General Utilities Other COMMITTEE, BOARD & COMMISSION REVIEW Version Feb

8 Council Committee Review: Commission/Board Review: Hearing Examiner Review: Workshop Date(s): Meeting Date(s): Community Development Date: 2 April 2019 Approvals: Yes No Chair/Councilmember Dan Swatman Councilmember Councilmember Jim Rackley Michelle Surdez Forward to: Consent Agenda: Yes No COUNCIL ACTION Public Hearing Date(s): Tabled to Date: Director: John Vodopich APPROVALS Mayor: Neil Johnson, Jr. Date Reviewed by City Attorney: (if applicable) Version Feb

9 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH UTILITY SERVICES ASSOCIATES FOR THE 2019 LEAK DETECTION SURVEYING WHEREAS, the City solicited Proposals from Leak Detection vendors off the MRSC Small Works Roster for the 2019 Leak Detection surveying on February 14, 2019; and WHEREAS, the City received only one proposal for the 2019 Leak Detection surveying, which was received from Utility Services Associates in the amount of $18, (120 hours x $ per hour); NOW, THEREFORE, BE IT RESOLVED that the City of Bonney Lake Council does hereby authorize the Mayor to sign a Professional Services Agreement with Utility Services Associates in the amount of $18, PASSED BY THE CITY COUNCIL this 9th day of April, AUTHENTICATED: Neil Johnson, Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney 9

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23 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Assistant City Engineer / Andrew Fonda Agenda Item Type: Resolution Meeting/Workshop Date: 9 August 2019 Ordinance/Resolution Number: 2738 Agenda Bill Number: AB19-63 Councilmember Sponsor: Agenda Subject: Authorize the Small Public Works Contract for Lift Station 14 Generator Improvements with Source Electric, LLC Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, To Award The Small Public Works Contract For Lift Station 14 Generator Improvements To Source Electric, LLC. Administrative Recommendation: Approve Background Summary: Public Works requested quotes March 12, 2019 from 5 vendors off the Small Works Roster to replace the existing 50 KW emergency power generator at the lift station 14 site. Services will include procurement and installation of a new Cummins C50D6C emergency power generator, OTPC transfer switch, and ancillary equipment and initial generator start-up and equipment testing. The city received 1 responsive quote from Source Electric, LLC for $81,975. Attachments: Resolution 2738, Small Public Works Contract, Exhibit A-Scope of Work, Exhibit B-Proposal Sheet and Plan/Detail Sheet Budget Amount $100,000 Current Balance $100,000 BUDGET INFORMATION Required Expenditure $81,975 Budget Balance $18,025 Budget Explanation: Construction Amount $81,975 Revenue Source: SDC Fund Source General Utilities Other Council Committee Review: Commission/Board Review: Hearing Examiner Review: COMMITTEE, BOARD & COMMISSION REVIEW Community Development Date: 2 April 2019 Approvals: Chair/Councilmember Dan Swatman Councilmember Councilmember James Rackley Michelle Surdez Forward to: Consent Agenda: Yes No Yes No Workshop Date(s): Meeting Date(s): COUNCIL ACTION Public Hearing Date(s): Tabled to Date: Director: John Vodopich APPROVALS Mayor: Neil Johnson Jr. Date Reviewed by City Attorney: (if applicable) 23

24 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING A SMALL PUBLIC WORKS CONTRACT FOR THE LIFT STATION 14 GENERATOR IMPROVEMENTS WITH SOURCE ELECTRIC, LLC WHEREAS, Lift Station 14 is a critical part of the Bonney Lake sewer system and reliable operation is needed regardless of whether utility power is available or not; and WHEREAS, Lift Station 14 was put into service in 1997 and the original emergency power generator is scheduled for replacement; and WHEREAS, the City requested quotes from five vendors off the MRSC Small Works Roster and received quotes on March 22, 2019 to replace the emergency power generator at Lift Station 14; and WHEREAS, the City determined Source Electric, LLC to be responsive in their quote submittal and a responsible contractor therefore making them the approved low proposer in the amount of $81,975, which includes sales tax; and WHEREAS, sufficient funds are available in the Sewer CIP; and WHEREAS, the City Council finds that it is in the public interest that this project be carried out at this time; NOW THEREFORE, BE IT RESOLOVED; that the City Council of the City of Bonney Lake, Washington, does hereby authorize the Mayor to sign the attached contract with Source Electric, LLC in the amount of $81,975. PASSED by the City Council this 9th day of April, AUTHENTICATED: Harwood T. Edvalson, MMC, City Clerk Neil Johnson Jr., Mayor APPROVED AS TO FORM: Kathleen Haggard, City Attorney 24

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35 Exhibit A City of Bonney Lake Small Public Works Project Prevailing Wages Are Required To Be Paid Request for Proposal Date: March 12, 2019 The City of Bonney Lake is accepting proposals for a Small Public Works Project. As a contractor on our Small Works Roster, you are invited to submit a proposal on this project. Project Title: Lift Station 14 Generator Improvements Scope of Work: Remove existing 50 KW emergency power generator and load onto a City of Bonney Lake equipment trailer at the lift station 14 site. Procure and install new Cummins C50D6C emergency power generator, OTPC transfer switch, and ancillary equipment. Install conduit and extend cement concrete slab and furnish all materials, equipment, tools, labor, and permits as required to power the lift station from the new emergency power generator and complete the initial generator start-up and equipment testing. Prevailing Wage: Contractor shall pay all laborers, workers, or mechanics performing work Prevailing Wages as required by Ch RCW, and shall satisfy all other requirements of that chapter, including without limitation requiring that all subcontractors performing work related to the project comply with the requirements of that chapter. The hourly minimum rate of wage which may be paid to laborers, workers or mechanics for work related to this project with the Effective Date: March 22, Please find enclosed: Proposal sheet (Exhibit B), LS 14 Plan and Detail Sheet, Specifications, Limited Public Works Contract, and Certificate of Compliance with Wage Payment Statues. Proposal Submittal Deadline: Friday, March 22, 2019 by 3:00 pm. Please proposals and Signed Limited Public Works Contract to fondaa@ci.bonneylake.wa.us. If you have any questions please contact Andrew Fonda at (253) City of Bonney Lake Mail to: PO Box 7380 (253) Fax (253) Bonney Lake, WA

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39 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: PS / John Woodcock Agenda Item Type: Resolution Meeting/Workshop Date: 9 April 2019 Ordinance/Resolution Number: 2733 Agenda Bill Number: AB19-55 Sponsor: Agenda Subject: Authorizing the approval of the WSDOT Row Procedures for the City of Bonney Lake. Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Approval Of The WSDOT Row Procedures For The City Of Bonney Lake. Administrative Recommendation: Approve Background Summary: The City of Bonney Lake received approved right of way procedures from WSDOT in The City is currently in the process of acquiring land for the Fennel Creek Trail. WSDOT requires an updating of the City's procedures before land acquisition can occur. Attachments: Resolution 2733, WSDOT ROW Procedures BUDGET INFORMATION Budget Amount N/A Budget Explanation: Current Balance N/A Required Expenditure N/A Budget Balance N/A Fund Source General Utilities Other COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Community Development Approvals: Yes No Date: 5 March 2019 Chair/Councilmember Dan Swatman Councilmember James Rackley Councilmember Michelle Surdez Forward to: Consent Agenda: Yes No Commission/Board Review: Hearing Examiner Review: Workshop Date(s): Meeting Date(s): COUNCIL ACTION Public Hearing Date(s): Tabled to Date: Director: John Vodopich APPROVALS Mayor: Neil Johnson Jr. Date Reviewed by City Attorney: (if applicable) Version Feb

40 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZE THE APPROVAL OF THE WSDOT RIGHT OF WAY PROCEDURES FOR THE CITY OF BONNEY LAKE. WHEREAS, the City of Bonney Lake received approved WSDOT right of way procedures from WSDOT on June 4, 1997; and WHEREAS, the City of Bonney Lake was required to update the right of way procedures in 2008 when right of way acquisition included federal funding; and WHEREAS, the City of Bonney Lake received approved WSDOT right of way procedures from WSDOT on December 2, 2008; and WHEREAS, the City of Bonney Lake will be acquiring right of way that has federal funding requirements for the Fennel Creek Trail Phase 2A; and WHEREAS, the City of Bonney Lake will be required to update the right of way procedures from 2008; and WHEREAS, City staff has updated the right of way procedures to meet WSDOT standards; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Bonney Lake does hereby authorize the Mayor to sign the attached WSDOT Right of Way procedures for the City of Bonney Lake. Passed by the City Council this 9th day of April, Neil Johnson, Jr., Mayor AUTHENTICATED: APPROVED AS TO FORM: Harwood T. Edvalson, City Clerk Kathleen Haggard, City Attorney 40

41 P.O. BOX 7380 Bonney Lake, WA (253) WSDOT Approved Right of Way Procedures The City of Bonney Lake, hereinafter referred to as AGENCY, desiring to acquire Real Property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch RCW) and state regulations (Ch WAC), hereby adopts the following procedures to implement the above statutes and Washington Administrative Code. The AGENCY is responsible for the real property acquisition and relocation activities on projects administered by the AGENCY. To fulfill the above requirements, the AGENCY will acquire right of way in accordance with the policies set forth in the Right of Way Manual M and Local Agency Guidelines (LAG). The AGENCY has the following personnel with capabilities to accomplish functions approved by the Washington State Department of Transportation (WSDOT) or those previously qualified by WSDOT from other agencies: 1. The following relate to the AGENCY s request. a. The AGENCY will only use qualified personnel approved by WSDOT. i. PROGRAM ADMINISTRATION: Oversee delivery of the Right of Way Program on federal aid projects for the agency. Ensures right of way functions are carried out in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: Ensure AGENCY s approved Right of Way Procedures are current, including staff qualifications, and provides copies to consultants and AGENCY staff; Oversight of right of way consultants; o Use of consultant contract approved by WSDOT o Manage right of way contracts o Manage right of way files o Review and approves actions and decisions recommended by consultants City of Bonney Lake - Right-of-Way Procedures Page 1 of 8 41

42 o Overall responsibility for decisions that are outside the purview of consultant functions Set Just Compensation prior to offers being made; Approve administrative offer summaries per policy; Ensure AGENCY has a relocation appeal process in place prior to starting relocation activities; Oversight of Administrative Settlements; Obligation authority for their AGENCY; Obtain permits; Ensure there is a separation of functions to avoid conflicts of interest. Verify whether or not ROW is needed, and that the property rights and/or interests needed are sufficient to construction, operate, and maintain the proposed projects ( See LAG Appendix ) John Woodcock, City Engineer Title of AGENCY Position (employee name & qualifications attached) ii. APPRAISAL Prepare and deliver appraisals on federal aid projects for the AGENCY. Ensures that appraisals are consistent and in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations: Use only qualified AGENCY staff approved by WSDOT to perform appraisal work; Use appraiser from WSDOT s Approved Appraiser List if AGENCY does not have qualified staff; Prepare Project Funding Estimates (PFE) or, when applicable, True Cost Estimates (TCE); Prepare Administrative Offer Summaries (AOS or Appraisal Waiver); Obtain specialist reports; Coordinate with engineering, program administration, acquisition, relocation, and/or property management as necessary. Agency will use a licensed qualified appraiser appearing on WSDOT s Approved Appraiser List, or qualified staff from another State/Local Agency Title of AGENCY Position (employee name & qualifications attached) Page 2 of 8 City of Bonney Lake - Right-of-Way Procedures 42

43 iii. APPRAISAL REVIEW: Review appraisals on federal aid projects for the agency to make sure they are adequate, reliable, and have reasonable supporting data, and approves appraisal reports. Ensure appraisals are adequately supported and represent fair market value and applicable costs to cure and are completed in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations: Use only qualified AGENCY staff approved by WSDOT to perform appraisal review work; Use review appraiser from WSDOT s Approved Appraiser List if AGENCY does not have qualified staff; Ensure project wide consistency in approaches to value, use of market data, and costs to cure; Coordinate with engineering, program administration, acquisition, relocation, and/or property management as necessary. Agency will use a licensed qualified appraiser appearing on WSDOT s Approved Appraiser List, or qualified staff from another State/Local Agency Title of AGENCY Position (employee name & qualifications attached) iv. ACQUISITION: Acquire, through negotiation with property owners, real property or real property interests (rights) on federal aid projects for the AGENCY. Ensure acquisitions are completed in compliance with federal and state laws, regulations, and policies and procedures. Responsibilities/Expectations: Use only qualified staff to perform acquisition activities for real property or real property interests, including donations; To avoid a conflict of interest, when the acquisition function prepares an AOS, only acquires property valued at $10,000 or less; Provide and maintains a comprehensive written account of acquisition activities for each parcel; Prepare administrative settlement justification and obtains approval; Prepare Project Funding Estimates (PFE) or, when applicable, True Cost Estimates (TCE); City of Bonney Lake - Right-of-Way Procedures Page 3 of 8 43

44 Prepare Administrative Offer Summaries (AOS or Appraisal Waiver); Review title, and recommends and obtains approval for acceptance of encumbrances; Ensure acquisition documents are consistent with right of way plans, valuation, and title reports; Provide a negotiator disclaimer; Coordinate with engineering, program administration, appraisal, relocation, and/or property management as necessary; Maintain a complete, well organized parcel file for each acquisition. Agency will use a licensed qualified consultant specializing in right of way activities, or qualified staff from another State/Local Agency Title of AGENCY Position (employee name & qualifications attached) v. RELOCATION: Provide relocation assistance to occupants of property considered displaced by federally funded projects for the AGENCY. Ensures relocations are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: Prepare and obtain approval of relocation plan prior to starting relocation activities; Confirm relocation appeal procedure is in place; Provide required notices and advisory services; Conduct calculations and provides recommendations for AGENCY approving authority prior to making payment; Provide and maintains a comprehensive written account of relocation activities for each parcel; Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary; Maintain a complete, well organized parcel file for each displacement; Ensure occupants and personal property are removed from the right of way. Agency will use an experienced and qualified relocation consultant specializing in right of way activities, or qualified staff from another State/Local Agency Title of AGENCY Position (employee name & qualifications attached) Page 4 of 8 City of Bonney Lake - Right-of-Way Procedures 44

45 vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure control and administration of right of way, excess lands, and improvements acquired on federal aid projects for the AGENCY. Ensure property management activities are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: Account for use of proceeds from the sale/lease of property acquired with federal funds on other Title 23 eligible activities; Keep right of way free of encroachments; Obtain WSDOT/Federal Highway Administration (FHWA) approval for change in access control along interstate; Maintain property records; Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary; Maintain a complete, well organized parcel file for each displacement; Ensures occupants and personal property are removed from the right ofway. John Woodcock, City Engineer / Cherie Gibson, Chief Finance Officer Title of AGENCY Position (employee name & qualifications attached) b. Any functions for which the AGENCY does not have qualified staff, the AGENCY will contract with another local agency with approved procedures, an outside contractor, or WSDOT. An AGENCY that proposes to use outside contractors for any of the above functions will need to work closely with the WSDOT Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met. When the AGENCY proposes to have staff personnel approved to negotiate who is not experienced in negotiation for FHWA funded projects, the LAC must be given a reasonable opportunity to review all offers and supporting data before they are presented to the property owners. c. An AGENCY wishing to take advantage of an Appraisal Waiver (a.k.a. Administrative Offer Summary or AOS) procedure on properties valued up to $25,000 or less, and the acquisitions are uncomplicated, should make their proposed waiver procedure a part of these procedures. The procedure outlined in the LAG Manual has already been approved using Form LPA 003. The AGENCY may submit a procedure different than City of Bonney Lake - Right-of-Way Procedures Page 5 of 8 45

46 shown and it will be reviewed and approved if it provides sufficient information to determine value. d. Attached is a copy of the AGENCY s administrative settlement procedure showing the approving authority(s) and the procedure involved in making administrative settlements. 2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, right of way and construction stages, and for a 3 year period following acceptance of the projects by WSDOT. 3. Approval of the AGENCY s procedures by WSDOT may be rescinded at any time the AGENCY is found to no longer have qualified staff or is found to be in non compliance with the regulations. The rescission may be applied to all or part of the functions approved. Neil Johnson Jr., Mayor of Bonney Lake Date Approved By: Washington State Department of Transportation Local Programs Right of Way Manager Date Page 6 of 8 City of Bonney Lake - Right-of-Way Procedures 46

47 City of Bonney Lake Waiver of Appraisal Procedure The City of Bonney Lake, hereinafter referred to as AGENCY, desiring to acquire Real Property according to 23 CFR Part 635 Subpart C and State directives, and desiring to take advantage of the $25,000 appraisal waiver process approved by the Federal Highway Administration (FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation (WSDOT) as follows: Rules 1. The AGENCY may elect to waive the requirement for an appraisal if the acquisition is uncomplicated and the compensation estimate indicated on the Project Funding Estimate (PFE) is $25,000 or less including cost to cure items. A True Cost Estimate shall not be used with this procedure. 2. The AGENCY must make the property owner(s) aware that an appraisal has not been completed on the property for offers of $10,000 or less. 3. The AGENCY must make the property owner(s) aware that an appraisal has not been completed on the property for offers over $10,000 and up to $25,000, and that an appraisal will be prepared if requested by the property owner(s). 4. Special care should be taken in the preparation of the waiver. As no appraisal review is mandated, the preparer need to assure that the compensation is fair and all that the calculations are correct. Procedures 1. An Administrative Offer Summary (AOS) is prepared using data from the PFE. 2. The AOS is submitted to the City Engineer for approval. 3. The City Engineer signs the AOS authorizing a first offer to the property owner(s). Neil Johnson Jr., Mayor of Bonney Lake Date Approved By: Washington State Department of Transportation Local Programs Right of Way Manager Date City of Bonney Lake - Right-of-Way Procedures Page 7 of 8 47

48 City of Bonney Lake Administrative Settlement Policy Administrative Settlements may be required, in addition to Just Compensation, to acquire needed right of way. Administrative Settlements can help mitigate or eliminate costly condemnation litigation and project construction schedule delays. Any administrative settlement which exceeds the fair market value must be documented, thoroughly justified, and the rationale set forth in writing to be eligible for federal aid funds. The extent of written explanation is a matter of judgement and should be consistent with the circumstances and the amount of money involved. The following designated City Officials have been granted the authority to approve an administrative settlement when it is determined that such action is in the public interest. 1) John Vodopich, City Administrator A counter offer of Just Compensation plus an Administrative Settlement not to exceed 30% of the Just Compensation value or $15,000. 2) City Council A counter offer of Just Compensation plus an Administrative Settlement greater than 30% of the Just Compensation value or $15,000 when approval is recommended by the designated City Officials. Page 8 of 8 City of Bonney Lake - Right-of-Way Procedures 48

49 Community Development Committee March 5, 2019 Regular Scheduled Meeting DRAFTED MINUTES The meeting was called to order at 4:30 P.M. Roll Call: Councilmember Dan Swatman (Chair) Councilmember James Rackley Councilmember Michelle Surdez Attendees: City Administrator, John Vodopich Superintendent Public Works, Ryan Johnstone Assistant City Engineer, Doug Budzynski City Engineer, John Woodcock Contract Administrator, Marlyn Campbell Management Analyst/Executive Assistant, Leslie Harris Reports/Presentation: Right-of-Way Procedures John Woodcock, City Engineer City Engineer Woodcock explained that this procedure is a requirement for any procurement of Right-of- Way utilizing federal grant funds which must be approved by the City Council. Engineer Woodcock overviewed the draft procedures that he wrote using another City ROW procedures. He noted that the section Administrative Settlement Policy needs to be addressed for City Officials bench marks (percentage) for authority to approve an administrative settlement for just compensation. Councilmembers asked questions and discussed the bench marks. It was decided to have the City Administrator have the authority not to exceed 30% of the Just compensation values or $15,000 and the City Council s authority greater than 30% of the Just compensation value when approval is recommended by the designated City Officials. Will Bring Back to next CDC Meeting, March 19, Business/Action Items: AB19-45 Resolution 2726: Authorize Professional Services Agreement with Parametrix for the Preparation of the ADA Transition Plan John Woodcock, City Engineer City of Bonney Lake P.O. Box Main Street E Fax: Bonney Lake, WA Page 1 of 4 49

50 CITY OF BONNEY LAKE COMMUNITY DEVELOPMENT COMMITTEE NOTES MARCH 5, 2019 City Engineer Woodcock explained the need for an ADA Transition Plan that is a requirement by the Department of Justice to meet federal mandate to have a plan in place for planning, design and construction of future ADA sidewalks and crosswalks. He addressed that we have been out of compliance for several years and in this new biennial budget there is enough monies to accomplish the preparation of this plan. Councilmembers asked questions. City Engineer Woodcock confirmed to members that we do not have someone in-house with the expertise. Moved to Consent Agenda AB19-46 Resolution 2727: Authorize Professional Services Agreement with Parametrix for the Design of Lift Station 18 Doug Budzynski, Assistant City Engineer Assistant City Engineer Budzynski explained that Lift Station 18 (in front of Safeway) has been near capacity for some time and will reach its capacity to handle future incoming sewer flows. There will be new apartment complex coming by Butter Biscuit and the upcoming new Public Works Center that will put additional flow to this lift station. Wet Wells have been patched several times. City Administrator Vodopich noted that there is potentially the option for an Assessment Reimbursement to be put in place on new development to possibly recoup some expenses. Council asked several questions. Moved to Full Council Agenda AB19-47 Resolution 2728: Authorize Professional Services Agreement with RH2 to complete an Assessment Evaluation of Lift Station 17 Doug Budzynski, Assistant City Engineer Assistant City Engineer Budzynski stated that Lift Station 17 continues to be the backbone of our sewer system between the City and the Sumner WWTF. During winter months, high rainfall with increased I & I it reaches near high capacity levels. Last year the lift station experienced major flooding caused by a failing mechanical valve. This lift station is not set up for VFD s. This study will assess the cost of upgrading the lift station as well as other options including building a new lift station, feasibility of completing a direction bore to the Valley or a second route. This Assessment Evaluation will provide feasibility of various options and associated costs. Councilmembers asked questions. Moved to Consent Agenda Page 2 of 4 50

51 CITY OF BONNEY LAKE COMMUNITY DEVELOPMENT COMMITTEE NOTES MARCH 5, 2019 AB19-48 Resolution 2729: Authorize Professional Services Agreement with RH2 for the Design of Ponderosa Small Tank Recoat Doug Budzynski, Assistant City Engineer Assistant City Engineer Budzynski explained that in 2017 the City contracted with RH2 to complete the design for recoating on the tank. After design completion, it was determined that the cost estimate to recoat was significantly more than anticipated and did not come to fruition. The 2019 budget includes funds to complete the recoat of the Ponderosa Small Tank. In addition staff has added to the scope new fall protection to the tanks roof and power washing the adjacent 800 zone tank. Councilmembers asked questions. Moved to Consent Agenda AB19-49 Resolution 2730: Authorize Professional Services Agreement with RH2 for Tacoma Point Small Tank Alternative Analysis Doug Budzynski, Assistant City Engineer Assistant City Engineer Budzynski explained that the Tacoma Point water tank was built to support the City s water system in the north. As development has occurred the necessary hydraulic level for the system surpassed the tank s design level. The tank has not been retrofitted for resistance during an earthquake event. Prior to design staff is suggesting that an alternative analysis be completed. The analysis will look at both the material type of the tank and whether to replace the tank will be an at-grade tank with booster pumps or a hydraulic tank. Councilmembers asked questions. Moved to Consent Agenda AB19-50 Resolution 2731: Reject all Bids for West Tapps/Allan Yorke Park Sidewalk Bid Opening date of February 13, 2019 John Woodcock, City Engineer City Engineer Woodcock reviewed the results of the bid opening on February 13, 2019 for the West Tapps/Allan Yorke Park Sidewalk project. The low bidder came in over the Engineer s estimate by $40,900. RCW (1) provides the ability for the City Council to reject any or all bids and to make further calls for bids in the same manner as the original call. Staff is working with the consultant to make alterations to the bid document to reduce project costs and then rebid the project to address cost overrun. Councilmembers asked questions. Moved to this evening s Council Workshop, March 5, 2019 Approval of February 19, 2019 CDC Meeting Notes Meeting Notes Approved Page 3 of 4 51

52 CITY OF BONNEY LAKE COMMUNITY DEVELOPMENT COMMITTEE NOTES MARCH 5, 2019 Open Discussion: Councilmember Swatman- shared concerns over Public Safety at the corner of SR410 & Myers Road left hand turn lane. City Administrator Vodopich- reported that he had a water customer approach him regarding is water bill. He had high consumption due to a hot water tank leak that he has now since corrected. The customer understood the policy as explained to him but he requested an adjustment to the bill. He inquired if the City Council could revisit the no appliances to the leak adjustment code. The Committee members discussed this issue and reiterated that they have no interest in re-looking at this policy again. Adjourn: Councilmember Swatman adjourned the meeting at 5:38 P.M. Page 4 of 4 52

53 Bonney Lake s Code: G. Leakage Rate Reduction. 1. In the event that there is a water leak that is determined to have been undetectable by the water utility, after the service line is repaired by the owner and upon written request by the property owner, the city finance department may make an adjustment in the water bill. The maintenance of plumbing fixtures inside a structure is the responsibility of the property owner. No leak adjustments shall be made for water leaks due to faulty equipment or fixtures inside the structure, including leaky toilets, faucets, etc. 2. The adjustment shall be two-thirds of that portion of the customer s water bill determined by calculating the median consumption for the past five years for the same period the leak occurred. The adjustment shall be limited to the period of 120 days of consumptive use prior to the repair of the leak. 3. The city reserves the right to request documentation of the service line repair as a condition of granting a leak adjustment. 4. Should a customer who was granted a leak adjustment request a subsequent leak adjustment within 24 months of the previous adjustment due to an additional line break or leak, documentation, such as a receipt from a plumber, must again be provided to reasonably demonstrate that the leak has been repaired and that the repair is expected to be permanent. 5. No leak adjustments shall be authorized in the following situations: a. The leak was caused by a third party from whom the customer is able to recover their costs. Examples include, but are not limited to, theft, vandalism, negligence and construction damage, unoccupied or vacant properties. b. The meter at said property has been accessed, tampered with, or turned on/off by anyone other than a city of Bonney Lake employee and that action results in loss of water. c. The leaky line is subject to a valid warranty. d. The current property occupant has already been granted two leak adjustments in the previous five years from the date of the current leak adjustment request. Sumner s Code: Billing adjustments due to water leaks. A. To apply for a billing adjustment due to a water leak, a customer shall submit a written leak adjustment request form to the finance department. The request shall include the date the leak was repaired and copies of the repair bills or materials receipts. Upon receipt of the request, the public works department s water division shall check the meter to ensure that the leak is fixed. After receiving confirmation that the leak has been fixed, the finance department shall analyze the utility account. If the water consumption for the same billing period in the previous year was greater than the consumption for the period in which the leak occurred, no adjustment will be made. If the water consumption for the same billing period in the previous year was less than the consumption for the period in which the leak occurred an adjustment will be processed. The difference between the current consumption and the previous consumption will be considered the leak. For new owners or renters occupying the premises for less than one year, the consumption used to determine the adjustment amount will be based on the average usage for that classification of customer for that time period in the previous year. 53

54 B. To ensure leaks are repaired in a timely manner the utility account will only receive an adjustment for half of the leak and the maximum number of months that will be adjusted is four. If the total dollar amount of the adjustment for both water and sewer is less than $25.00, the customer will not be eligible for an adjustment. The maximum number of billing adjustments as a result of leaks is one per calendar year unless there are unusual circumstances and the administrative services director or designee waives this requirement. C. The monetary adjustment shall be made on the bill following the next meter reading cycle after the adjustment request is received. If necessary, an adjustment will also be made to the water consumption amount so that the winter sewer consumption average will be calculated based on the adjusted usage. D. Payment of the bill that includes the leak is due on the date stated on the bill. If the customer is unable to pay the entire bill as a result of the leak, the customer shall pay the amount of the previous bill until the billing adjustment has been processed. If the customer pays the full amount of the previous bill by the due date stated on the current bill, the outstanding balance on the current bill will not be penalized and the service to that account will continue. Once the adjustment has been credited to the account, any amounts still owed will be due immediately. If the leak adjustment results in a credit balance on the account, refunds will not be given unless there has been a change of ownership or the credit balance will not be used up over a time period of three normal billings. (Ord (part), 2015) 54