CALL TO ORDER

Pledge of Allegiance Invocation: Art Sphar (Retired) Roll Call: Bitetto, Brown, Hayden, Hochstatter, LeMaster, Pederson and Reed

PRESENTATION Bridge Street Bridge Construction Status

The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. CONSENT AGENDA

Page 2

1. 18-010 Approval of the regular council meeting minutes of January 2, 2018 and January 8, 2018 study session

7 2. 18-011 Approval of the 2017 business claims in the amount of $1,020,920.20 voucher nos. 99646-99773 8 3. 18-012 Puyallup Street Resurfacing – Project Acceptance (PW cmte do-pass)

15 4. 18-013 Parker Pump Station – Project Acceptance (PW cmte do-pass) Scribner’s error on CA item #2, was noted as $1,020,920.20 should have been $1,080,920.20.

REGULAR BUSINESS 1. Unfinished Business

The public is invited to address Council on topics that are not on the meeting agenda.

2. Public Comment (Limit 3 minutes)

3. New Business Page

22 a. 18-014 Ashbaugh Beal Contract Amendment (ss 1/8/18)

4. Reports

a. City Council b. City Administrator c. Mayor

5. Executive Session – For the purpose of discussing with legal counsel labor negotiations, pursuant to

RCW 42.30.140(4); real estate acquisition/sale, pursuant to RCW 42.30.110(1); and pending litigation, per RCW 42.30.110(1)(i).

6. Adjournment This meeting is accessible to persons with disabilities. For individuals who may require special accommodations, please contact the City Clerk at (253) 299-5590, 24 hours in advance.

COUNCIL MEETING AGENDA City Hall – 1104 Maple Street

January 16, 2018 7:00pm

SUMNER CITY COUNCIL Minutes – Regular Council Meeting

January 2, 2018

CALL TO ORDER The Sumner City Council met in regular session at 7:00pm with Mayor Bill Pugh presiding. Councilmembers Present: Councilmembers Reed, LeMaster, and Hochstatter. Staff Present: City Administrator John Galle, City Attorney Brett Vinson, Community Development Director Ryan Windish, Communications Director Carmen Palmer, Police Chief Brad Moericke, Public Works Director Mike Dahlem, Assistant Public Works Director Doug Beagle, Administrative Services Director Jason Wilson and City Clerk Michelle Converse.

OATH OF OFFICE

Mayor Pugh administered the Oath of Office to Kathy Hayden, Barbara Bitetto and Melony Pederson. After the swearing in, the councilmembers joined the others on the dais.

CONSENT AGENDA MOVED BY COUNCILMEMBER HOCHSTATTER SECONDED BY HAYDEN TO APPROVE THE CONSENT AGENDA CONSISTING OF:

1. 18-001 Approval of the rcm minutes of December 4, 2017, scm/ss December 11, 2017 and scm December 19, 2017 2. 18-002 Approval of the 2017 business claims in the amount of $3,048,951.56 voucher nos. 99404-99645,

120117, 120217, 121517 3. 18-003 Earthquake Warning Program – Consultant Contract (PW do-pass) 4. 18-004 Excuse Councilmember Reed from scm & ss December 11, 2017

PASSED BY VOICE VOTE.

REGULAR BUSINESS

Unfinished Business There was no unfinished business.

Public Comment

There was no public comment.

New Business 18-005 Election of Deputy Mayor. City Administrator John Galle explained the process for electing the Deputy Mayor. Per the Council Rules Section 18, Deputy Mayor Selection Process, “The Deputy Mayor shall be elected to a one (1) year term at the first Regular Council meeting in January of each year. The Mayor shall conduct the election for the Deputy Mayor.” He briefly discussed the duties of the Deputy Mayor and opened the floor to nominations. COUNCILMEMBER HOCHSTATTER NOMINATED COUNCILMEMBER HAYDEN FOR DEPUTY MAYOR. There were no other nominations. COUNCILMEMBER REED MOTIONED TO CLOSE THE NOMINATIONS. SECONDED BY LeMASTER. UPON VOICE VOTE COUNCILMEMBER HAYDEN WAS ELECTED DEPUTY MAYOR.

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18-006 Council Committee Appointments. City Administrator John Galle briefed attendees on the process determined by Council for Council Committee assignments. Per the Council Rules Section 20 - City Council Committees, committee members are to be selected every two years, on even numbered years. Councilmembers would be assigned to committees for 2018 and 2019. Council agreed that the assignments would be done on a seniority basis as indicated below:

Councilmember Took Office Curt Brown January 2004 Cindy Hochstatter January 2008 Mike LeMaster January 2012 Kathy Hayden January 2014 Patrick Reed January 2014 Barbara Bitetto January 2018 Melony Pederson January 2018

As directed by the Mayor and based on the above seniority, Councilmembers will make their first selection for a committee then, beginning again with the senior most Councilmember, would choose either a second committee seat or an alternate position. This process will continue until all three (3) seats on each Council committee and the alternate positions for each are filled. For Councilmembers Bitetto and Pederson, who have equal seniority, Bitetto will choose first. Upon completion of this process, Committee assignments are as follows: Community Development Pederson, Hochstatter, Hayden (Alt.) Bitetto Finance and Personnel Hayden, Reed, Bitetto, (Alt.) Hochstatter Public Safety Brown, LeMaster, Pederson, (Alt.) Reed Public Works Hochstatter, Brown, LeMaster, (Alt.) Bitetto 18-007 Pierce County Regional Council Representative Selection. City Administrator John Galle explained the process for selecting a Pierce County Representative. In the past, Sumner has chosen their representative and alternate through an election process. COUNCILMEMBER HOCHSTATTER NOMINATED COUNCILMEMBER REED. THE MOTION TO CLOSE NOMINATIONS WAS MADE BY HAYDEN. SECONDED BY LEMASTER. No other nominations were made. UPON VOICE VOTE, COUNCILMEMBER REED WAS ELECTED as Sumner’s Pierce County Regional Council Representative. DEPUTY MAYOR HAYDEN NOMINATED COUNCILMEMBER HOCHSTATTER FOR THE ALTERNATE. MOTION TO CLOSE NOMINATIONS BY LEMASTER SECONDED BY PEDERSON. COUNCILMEMBER HOCHSTATTER WAS ELECTED AS AN ALTERNATE to the Pierce County Regional Council. 18-008 Rainier Communications Commission Appointment. Per the Council Rules Section 21. Appointments to Regional Organizations, “The Mayor or Councilmember receiving a majority vote will represent the City on that regional body. He then opened the floor to nominations. COUNCILMEMBER HOCHSTATTER NOTMINATED COUNCILMEMBER PEDERSON for Rainier Communications Commission Appointment. No other nominations were made. DEPUTY MAYOR HAYDEN CLOSED THE NOMINATIONS. SECONDED BY LEMASTER. COUNCILMEMBER PEDERSON WAS ELECTED as the Rainier Communications Commission Representative. COUNCILMEMBER HOCHSTATTER NOMINATED LEMASTER AS THE ALTERNATE. There were no other nominations made. CLOSED BY HAYDEN. SECONDED BY REED. COUNCILMEMBER LEMASTER WAS ELECTED AS AN ALTERNATE to the Rainier Communications Commission.

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18-009 Council Principles of Conduct. City Administrator John Galle briefed the attendees. The Principles of Conduct were drafted in 2011 as an acceptable code of conduct for Councilmembers in and out of the Council meetings in relation to City business. The principles were last revised to include and emphasis on the “No Surprise Rule” and duties of the mayor and the Council. It has been the practice of the Council to pass a motion to accept and sign the Principles of Conduct every two years or when new members are added to the Council. HOCHSTATTER MOVED TO ACCEPT THE RULES. HAYDEN SECONDED. PASSED WITH A VOICE VOTE.

COUNCIL REPORT

Councilmember Reed had nothing to report. Councilmember Pederson thanked everyone who supported her and said it is an honor it is to serve the community. Councilmember Hochstatter welcomed the new councilmembers. What a good team they have under the leadership of our new mayor. Councilmember Bitetto thanked everyone who voted for her. She met with staff. This is a great city and she is very pleased to be serving. Councilmember LeMaster welcomed the new councilmembers and mayor. Councilmember Brown also thanked the new councilmembers. He told them that Sumner is an awesome community. Deputy Mayor Hayden thanked the community for another four years and she is looking forward to being deputy mayor.

CITY ADMINISTRATOR REPORT

City Administrator John Galle mentioned the staff breakfast which was on December 13.

MAYORS REPORT Mayor Pugh shared the audience he ran for office because of the people who make up Sumner, the staff and the council. If you don’t have that combination, then nothing gets done. He is looking forward to the next four years. He also reminded everyone about Mayor Enslow’s service, Saturday, January 6th at 11am at Calvary Community Church. He would suggest getting there early, as he expects it to be crowded, which is a testament to the Mayor’s leadership within the community.

EXECUTIVE SESSION

There was no Executive Session.

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ADJOURNMENT

When there was no further business to come before the Council, Mayor Pugh adjourned the meeting at 7:41pm. ATTEST: ___________________________________ City Clerk Michelle Converse, CMC Mayor William L. Pugh

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SUMNER CITY COUNCIL

Minutes – Study Session January 8, 2018

The Sumner City Council met in study session at 6:00pm with Mayor Bill Pugh presiding. Councilmembers present: Councilmembers Barbara Bitetto, Curt Brown, Cindi Hochstatter, Mike LeMaster, Melony Pederson, Patrick Reed, and Deputy Mayor Kathy Hayden. Staff present: Public Works Director Mike Dahlem, Community Development Ryan Windish, City Attorney Brett Vinson, Deputy Public Works Director Doug Beagle, Public Works Manager Derek Berry and City Administrator John Galle. Mayor Pugh announced to Council the agenda had been amended to include item #5, Ashbaugh Beal Contract Amendment. STUDY SESSION BUSINESS

1) Parks & Trail Plan Update 2) Resolution No. 1455 – Council Rules of Procedure 3) Bridge Street Bridge Update 4) Open Public Meeting Act Video 5) Ashbaugh Beal Contract Amendment

CITY ADMINISTRATOR REPORT AGENDA SETTING

1. Council Meeting Agenda Calendar 2. Council Committee Meeting Calendar

EXECUTIVE SESSION There was no Executive Session. ADJOURNMENT: When there was no further business to come before the Council, Mayor Pugh adjourned the meeting at 8:10pm. ATTEST: City Clerk Michelle Converse, CMC Mayor William Pugh

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FUND

001

101

102103109303307401402408410550551

555603615651

TOTAL VOUCHERS

GLAIM VOUCHER NOS.99646 -99773

CITY OF SUMNERVOUCHER LIST

JANUARY 16,2018

TITLE

GENERALSTREETARTERIAL STREETCOMPLETE STREETSANIMAL CONTROLGENERAL GOVT CAPITAL ASSETLID CAPITALWATER OPERATINGSEWER OPERATINGSTORM SEWERSCEMETERY OPERATINGFLEET OPERATIONSTECHNOLOGY SERVICESFLEET REPLACEMENT FUNDHOUSING & PROPERTY DEVELOPMENTSECTION 125 PLANSTATE CLEARING FUND

AMOUNT

$$$

$$$

$$$$$

$$$$$$

284,549.7221,568.08

7,691,954,101.458,336.791,828.691,440.77

95,560.77144,833.28438,830.55

11,285.6539,088.04

3,598.773,226.661,248.533,840.009,890.50

$ 1,080,920.20

CITY COUNCIL MEETING DATE: January 16, 2018 AGENDA BILL: 18-012

SUBJECT: Puyallup Street Resurfacing Project - Construction Contract Acceptance

CATEGORY: BUDGET IMPACT: None

CONSENT ORDINANCE Amount Budgeted: $ 733,600.00 RESOLUTION PUBLIC HEARING Expenditure Amt.: $ 637,500.82 MOTION OTHER Contingency Req’d: $

ATTACHMENTS: Final Contract Voucher Certificate and Final Pay Request.

STAFF CONTACT: Associate City Engineer Jason Van Gilder, P.E.

SUMMARY/BACKGROUND: In May 2016, the City Council authorized the execution of a contract with Miles Resources, LLC, for the construction of the Puyallup Street Resurfacing project. This project has been completed according to the terms and conditions of the contract. Staff is recommending Council accept the contract as complete for the purposes of releasing retaining withheld on the project.

COUNCIL COMMITTEE RECOMMENDATION: Public Works Committee do pass recommendation, January 3, 2018.

STAFF RECOMMENDATION: A motion to authorize the Mayor to accept the completion of the Puyallup Street Resurfacing Project (CIP 14-11) in the final contract amount of $637,500.82 and, upon approval from the State’s Departments of Revenue, Labor & Industries, and Employment Security; authorize the Finance Department to proceed with the release of retainage to Miles Resources, LLC, for services completed.

(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION:

APPROVED 1ST reading DENIED Enactment reading TABLED/DEFERRED/NO ACTION ORDINANCE # MOVED TO SECOND READING (ordinances only) RESOLUTION #

We will set the standard of excellence for a progressive small city.

8

9

10

11

12

13

14

CITY COUNCIL MEETING DATE: January 16, 2018 AGENDA BILL: 18-013

SUBJECT: Parker Road Pump Station No. 5 – Project Acceptance

CATEGORY: BUDGET IMPACT: None

CONSENT ORDINANCE Amount Budgeted: $2,218,300.00 RESOLUTION PUBLIC HEARING Expenditure Amt.: $1,747,475.58 MOTION OTHER Contingency Req’d: $

ATTACHMENTS: Final Contract Voucher Certificate and Final Pay Request.

STAFF CONTACT: Associate City Engineer Jason Van Gilder, P.E.

SUMMARY/BACKGROUND: In February 2016, the City Council authorized the execution of a contract with Gary Harper Construction, Inc., for the construction of the Parker Road Pump Station No. 5 Project. This project has been completed according to the terms and conditions of the contract. Staff is recommending Council accept the contract as complete for the purposes of releasing retainage withheld on the project.

COUNCIL COMMITTEE RECOMMENDATION: Public Works Committee do pass recommendation, January 3, 2018.

STAFF RECOMMENDATION: A motion to authorize the Mayor to accept the completion of the Parker Road Pump Station No. 5 Project (CIP 08-15) in the final contract amount of $1,747,475.58 and authorizing the Finance Department to proceed with the State clearance to release retainage to Gary Harper Construction, Inc., for services completed.

(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION:

APPROVED 1ST reading DENIED Enactment reading TABLED/DEFERRED/NO ACTION ORDINANCE # MOVED TO SECOND READING (ordinances only) RESOLUTION #

We will set the standard of excellence for a progressive small city.

15

16

17

18

19

20

21

CITY COUNCIL MEETING DATE: January 16, 2018 AGENDA BILL: 18-014

SUBJECT: 136th/Valentine Project - Legal Services Contract Amendment

CATEGORY: BUDGET IMPACT: None

CONSENT ORDINANCE Amount Budgeted: $ RESOLUTION PUBLIC HEARING Expenditure Amt.: $25,000 MOTION OTHER Contingency Req’d: $0

ATTACHMENTS: Ashbaugh Beal Contract Amendment

STAFF CONTACT: Brett C. Vinson, City Attorney

SUMMARY/BACKGROUND: The City entered into a professional services contract with Ashbaugh Beal (Mr. Robert Marconi) to provide legal assistance in the defense of a claim by ICON Materials, contractor for the 136th/ Valentine Project. In March, the City Council approved an additional $40,000 to cover estimated costs for continued representation through mediation. The balance of the March contract amendment is $13,730.29. The City received a final invoice from Ashbaugh Beal in the amount of $38,718, which constitutes services provided up to and through mediation in excess of the costs expected at the time of the March amendment. Therefore, a final amendment in the additional amount of $24,987.71 is necessary to cover the final invoice amount.

COUNCIL COMMITTEE RECOMMENDATION:

STAFF RECOMMENDATION: A motion authorizing the Mayor to execute an amendment to the Legal Services Contract with Ashbaugh Beal, LLC, for the Legal Defense of a claim filed against the City related to the 136th/Valentine Corridor Improvement Project (CIP 08-02) increasing the existing contract by an additional $24,987.71 substantially in the form as approved by the City Attorney.

(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION:

APPROVED 1ST reading DENIED Enactment reading TABLED/DEFERRED/NO ACTION ORDINANCE # MOVED TO SECOND READING (ordinances only) RESOLUTION #

We will set the standard of excellence for a progressive small city.

22

AMENDMENT TO LEGAL SERVICES CONTRACT THIS AMENDMENT, entered into this _______ day of ____________________, 2018, by and between the CITY OF SUMNER, WASHINGTON, a municipal corporation of the State of Washington, hereinafter referred to as "City", and ASHBAUGH BEAL, LLP, hereinafter referred to as “ASHBAUGH” WITNESSETH: WHEREAS the City has entered into a “Legal Services Contract“ with ASHBAUGH for legal services; and

WHEREAS the parties to the agreement wish to increase the maximum compensation to pay the final invoiced amount;

NOW, THEREFORE, the parties hereby amend said Contract by revising Section III. (A) - Compensation as follows:

As full and final payment for services rendered, the City will pay the final invoice amount of $24,987.71 The parties agree no additional invoice amounts are outstanding.

All other terms and conditions of the Contract remain the same. The parties agree to ratify and confirm any acts consistent with the authority and prior to the final approval of this Amendment.

IN WITNESS WHEREOF the parties hereto have executed this document as of the date first above written. ASHBAUGH: By: (signature) Print Name: Its (Title) DATE:

CITY OF SUMNER: By: (signature) Print Name: William L. Pugh Its Mayor (Title) DATE: By: (signature) Print Name: John Galle Its City Administrator (Title) DATE: Approved as to Form:

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Attest: Approved as to form: City Clerk City Attorney DATE: DATE:

NOTICES TO BE SENT TO: Ashbaugh Beal, LLP.: 701 5th Ave, Ste 4400 Seattle, WA 98104-7097 206.386.5900 (telephone)

NOTICES TO BE SENT TO: CITY OF SUMNER: Brett C. Vinson, City Attorney City of Sumner 1104 Maple Street, Suite 242 Sumner, WA 98390 253.299.5611 (telephone) 253.299.5509 (facsimile)

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January 2018

December 28 – Thursday December 29 – Friday December 30 – Saturday December 31 - Sunday

Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6

RECOGNIZED HOLIDAY

CITY HALL CLOSED

7:00 PM Council Meeting (Council Chambers)

4:00 PM Public Works Committee (Main Conference Room)

7:00 PM Planning Commission (Council Chambers)

8 9 10 11 12 13 6:00PM Study Session (Council Chambers)

Cancelled 5:00 PM CD/Parks Committee (Council Chambers)

6:30 PM Design Commission (Council Chambers)

4:00 PM Forestry/Parks Commission (Main Conf Rm)

Special Meeting

5:00PM CD/Parks Committee (Council Chambers)

15 16 17 18 19 20

RECOGNIZED HOLIDAY CITY HALL CLOSED

5:30 PM Finance Committee (Council Chambers) 7:00 PM Council Meeting (Council Chambers)

5:00 PM Public Safety Committee (Fire Station #13) )

22 23 24 25 26 27 6:00PM Study Session (Council Chambers)

6:00 PM Arts Commission (Council Chambers)

29 30 31

Meeting dates and times may change. Please contact City Hall to confirm this information prior to any meeting you plan to attend. These meetings are accessible to persons with disabilities. For individuals who require special accommodations, please contact City Hall at (253) 299-5500, 24 hours in advance. Name: Michelle Converse, CMC Title: City Clerk

City of Sumner 1104 Maple Street Sumner, Washington 98390 Ph: (253) 299-5500 Fax: (253) 299-5509 Website: www.sumnerwa.gov 25