Resolution 1136.pdf - City of Bonney Lake

RESOLUTION NO. 1136 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY 

LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING A LATECOMER 

AGREEMENT WITH ANGELINE ROAD PROPERTIES FOR THE ASHTON 

WOODS DEVELOPMENT FOR THE EXTENSION OF SEWER. 

The City Council of the City of Bonney Lake, Washington, does hereby resolve that 

the Mayor is authorized to sign the agreement attached hereto and incorporated 

herein by this reference. 

ATTEST: 

PASSED by the City Council this 26th day of October 2004. 

rHalwood T. Edvalson, CMC 

City Clerk 

APPROVED AS TO FORM: 

lal s Dionne, City Attorney

After Recording Return to: 

City of Bonney Lake 

19306 Bonney Lake Blvd. 

Bonney Lake, W A 98390-0944 

111111111111 111 

2004 

11-03·2004 02:09pm $32,00 

PIERCE COUNTY, WASHINGTON 

Document Title(s) (or transactions contained therein): 

I. Latecomer's Agreement 

2. 

Grantor(s) Name (last, first, and initials): 

I. The Public 

2. 

D Additional Names on Page of Document 

Grantee(s) Name (last, first, and initials): 

I. Angeline Road Properties, LLC, a Washington limited liability company 

2. 

D Additional Names on Page of Document 

Legal Description (Abbreviated i.e. lot/block and plat or section, township and range) 

D Legal Description is on page of Document. 

Assessor's Tax Parcel/Account Number(s) 

See Exhibit "8" 

Ii ' 

RECEIVED 

NDV 15 2Im1

LATECOMER'S AGREEMENT 

THIS LATECOMER'S AGREEMENT ("Agreement") is made this a1� day of 

((� &_ �,,,,,'\U (v , 2004, by and between the CITY OF BONNEY LAKE, a municipal 

corporation of the State of Washington ("City"), and Angeline Road Properties, LLC 

hereinafter referred to collectively as "Developer"; 

WHEREAS, Developer has caused to be constructed and installed, at its sole expense, a 

sanitary sewer main extension across an area outside the UGA, which becomes part of the City's 

sewer utility system (hereinafter, "utility improvements") to and along property owned by 

Developer; and 

WHEREAS, Developer has prepared and attached to this Agreement as Exhibit " A" an 

assessment map showing the utility improvements and proposed service area; and 

WHEREAS, access to said utility improvements is available to other properties, , the 

owners or users of which may wish to make connection to said utility improvements in the future 

in conjunction with the development of their property; and 

WHEREAS, the City is willing to accept said utility improvements as part of its 

municipal utilities system and in return collect from future users of said utility improvements 

their fair pro rata share of the cost of construction of said utility improvements as latccomer's 

charges in accordance with Chapter 35.91 RCW, the Municipal Water And Sewer Facilities Act; 

and 

WHEREAS, Developer has prepared and attached to this Agreement the following 

exhibits, which are incorporated and made a part hereof by this reference: 

Exhibit "A" An assessment map showing the utility extension 

and proposed service area; 

Exhibit "8" A Pierce County Tax Parcel Assessment Roll 

setting forth a designation of propeliies benefited by 

the utility improvements; 

Exhibit "C" A summary of the sewer main extension and associated costs; 

Exhibit "D" A Worksheet reflecting the proposed service areas with acreage 

and approximate residential equivalent unit (hereinafter, "REU") 

counts, the total cost of construction of the utility improvements, 

and the pro rata share of said cost per REU attributable to 

properties benefited by the improvements. 

[7.14.04 Final Ashton Woods latecomer agrcc111cnt.doc] - 1 -

NOW, THEREFORE, the parties agree as follows: 

I. After ownership of the utility improvements has been accepted by the City and 

same have been incorporated into the City's utility system, the City agrees to collect from 

owners or users of the property benefited by said improvements who have not heretofore 

contributed to the cost of construction thereof, and who subsequently connect to or use the same, 

a fair pro rata share sum of $629.66 for each residential equivalent unit (the "Fair Pro Rata 

Charge") based on the summary set forth in the attached Exhibit "c" and the calculations set 

forth in the attached Exhibit "D," which charge shall be conclusively presumed to be a fair pro 

rata charge per residential equivalent unit for the benefit of the owners of the parcels identified 

on the Pierce County Tax Roll attached as Exhibit "B" all of which are situated within the 

geographic area identified on the Service Area Map attached as Exhibit "A." In addition to the 

amounts agreed to be collected by the City in this paragraph, the City shall charge, in addition to 

its usual and ordinary charges made against persons applying for service from its utilities, a sum 

equal to ten percent (10%) of the amount agreed in this paragraph by the City to be collected for 

Developer from persons connecting to said utility improvements, which additional 10% sum 

shall be used by the City to defray its costs in administering this Agreement. 

2. The City shall collect charges from benefited property owners seeking connection 

to the utility improvements for their parcels in the following manner: (i) formal plats shall be 

collected immediately prior to final plat approval; (ii) short plats shall be collected immediately 

prior to final short plat approval; and (iii) individual parcel charges shall be collected at building 

permit application. 

3. The City shall pay to the Developers the sums agreed by it to be collected 

pursuant to the provisions of Sections I and 2 above within sixty (60) days after receipt thereof 

at the address of Developers as hereinafter set fOl1h, or at such other addrcsscs as Developers 

shall provide, by certified mail. If said payments are returned to the City unclaimed by 

Developers, and if the City is, after exerting a commercially reasonable effort, unable to locate 

Developers, after twelve (12) months, the City shall retain all sums then received and all future 

sums collected under this Agreement. 

4. In the event of assignment or transfer of the rights of Developers, voluntarily, 

involuntarily or by operation of law, the City shall pay any accruing funds hereunder, after 

notice, to such successor of Developers as the City, in its sole judgment, deems entitled to such 

benefits. In the event conflicting demands are made upon the City for benefits accruing under 

this Agreement, the City may at its option commence an interpleader action and shall be 

discharged from further liability upon paying the person whom any court having jurisdiction 

shall determine is entitled thereto, and in such action the City shall be entitled to recover its 

reasonable attorney fees and costs, which fees and costs shall constitute a lien upon all funds 

accrued or accruing under this Agreement. 

5. The City agrees not to allow any owner or user of benefited property to connect to 

or use said improvements without such owner or user having first paid to the City a sum equal to 

the Fair Pro Rata Charge times the number of total residential equivalent units to be connected to 

the benefited propeliies. For example, if a property owner of a five (5) acre benefitcd property 

subdivides his or her property into twenty (20) lots, the amount collected would be the Fair Pro 

[7.14.04 Final Ashton Woods latecomer agreement.doc] - 2 -

Rata Charge of $629.66 times 20 lots, which equals $12,593.20; plus the City's additional ten 

percent (10%) charge described above. 

6. The City shall be entitled to rely with acquittance on the provlSIons of this 

Agreement with respect to the fairness of the Fair Pro Rata Charge hereinabove provided for and 

upon the designation of benefited properties. In the event any legal action is threatened or 

brought by an owner or user of a benefited property to challenge any aspect of the charge or this 

Agreement, after notice by the City, Developers will indemnify, defend and hold the City 

hannless from and against any and all damages, claims and/or losses, including attorney fees, 

arising therefrom. 

7. This Agreement shall become operative upon its being recorded with the Auditor 

of Pierce County in which all of the benefited properties arc situated, at the expense of 

Developers, and shall remain in force and effect for a period of fifteen (15) years after the date of 

such recording, or until the Developers or their successors or assignees shall have been fully 

reimbursed as provided for in this Agreement, whichever event earlier occurs; provided, 

however, that in the event the above described utility improvements, or any portion thereof, 

shall, during the term of this Agreement, be rendered practically useless by redesign or 

reconstruction of a p0l1ion of the City's utilities, such uselessness determination to be in the 

absolute judgment of the City's Engineer, then the City's obligation to collect for Devclopers the 

connection charges provided for hereunder shall cease. 

8. Nothing contained herein shall be construed to affect or impair in any way the 

City's right to regulate the use of its utility system of which the utility improvements referred to 

herein shall become a part, pursuant to any resolution or policy now or hereafter in effect. The 

imposition of any such requirements shall not be deemed an impairment of this Agreement, 

though it may be imposed in such a manner as to refuse service to an owner or user of benefited 

property to secure compliance with such requirements of the City. 

[7.14.04 Final Ashton Woods latecomer agreement.doc] - 3 -

WESTERN AREA 

Total: 

UNITS TAX PARCEL 

249 0519053008 

2 0519086001 

2 0519086002 

2 0519086003 

2 0519086004 

257 

NACHES TERRACE 

Total: 


1 7001550010 

46 

ASHTON WOODS 

7001550020 

7001550030 

7001550040 

7001550050 

7001550060 

7001550070 

7001550080 

7001550090 

7001550100 

7001550110 

7001550120 

7001550130 

7001550140 

7001550150 

7001550160 

7001550170 

7001550180 

7001550190 

7001550200 

7001550210 

7001550220 

7001550230 

7001550240 

7001550250 

7001550260 

7001550270 

7001550280 

7001550290 

7001550300 

7001550310 

7001550320 

7001550330 

7001550340 

7001550350 

7001550360 

7001550370 

7001550380 

7001550390 

7001550400 

7001550410 

7001550420 

7001550430 

7001550440 

7001550450 

7001550460 

Exhibit "S" 

Pierce County Tax Roll 

TAX PAYER SITE ADDRESS LAND ACRES 

BALLARD FRANCIS E. TRUSTEE RHODES LAKE RD E 124.78 

GIENGER DEVELOPMENT INC RHODES LAKE RD E 0.97 




128.50 


REICH CONSTRUCTION INC 17416 114TH ST E 0.26 







REICH CONSTRUCTION INC 11327 176TH AVE E 0.16 













REICH CONSTRUCTION INC 11323 174TH AVE CT E 0.22 


























9.91

Total: 


130 

WOODBRIAR VILLAGE 

Total: 

0519081036 

0519081072 

0519081076 

0519081077 


87 

EASTERN AREA 

0519054003 

0519054011 

0519058001 

0519058003 


8 0519047006 

8 0519047007 

7 0519096001 

7 0519096002 

7 0519096003 

0519081034 

0519091047 

34 0519092009 

0 0519092010 

0 0519092013 

0519092014 

0519092028 

0519095005 

0519095007 

0519095039 

0519095040 

0519095043 

0519095044 

0519095045 

0519096011 

0519096012 

0519096013 

0519096014 

0519096015 

0519096016 

7000100010 

7000100020 

7000100030 

7000100040 

7000100050 

1 7000100060 

0 7000220010 

0 7000220020 

7000220030 

7000220040 

7000220050 

7000220060 

7000220070 

7000220080 

7000220090 

7000220100 

7000220110 

7000220120 

Exhibit " 8" 



PAULSON RONALD W 11208 ANGELINE RD E 0.87 

ANGELINE ROAD PROPERTIES LLC NEXT TO 11408 ANGELINE RD E 10.00 

CRAMER ROGER D & MARGARET R 11224 ANGELINE RD E 11.43 

PAULSON RONALD W 11208 ANGELINE RD E 3.49 

25.79 


WOOD BRIAR VILLAGE LLC 11116 ANGELINE RD E 0.00 

WOOD BRIAR VILLAGE LLC 111TH ST & ANGELINE RD 4.88 

WOOD BRIAR VILLAGE LLC 17915 111TH ST E 4.00 

WOOD BRIAR VILLAGE LLC 18107 111TH ST E 3.90 

12.78 


GUILLOT TAMMY 11007 ANGELINE RD E 2.04 

ANGELINE RONALD L 11115 ANGELINE RD E 2.04 

DALTON ANDREW C & ISABELLE B 11415 188TH AV CT E 1.77 

BREEDEN LARRY 0 JR 11427 188TH AVE CT E 1.77 

BOELTER GARY M 11505 188TH AVE CT E 1.77 

SCOTT DENNA L & M L GLEASON 11705 ANGELINE RD E 0.51 

KARWHITE JASON W & SANDRA E 19019 RHODES LAKE RD E 1.10 

SUMNER SCHOOL DISTRICT #320 18605 RHODES LAKE E 19.00 

BONNEY LAKE CITY OF OFF RHODES LAKE RD E 1.00 

PUGET SOUND ENERGY/ELEC OFF RHODES LAKE RD E 1.13 

PUGET SOUND ENERGY/ELEC RHODES LAKE RD E 1.15 

LlNKEM DONALD C ETAL RHODES LAKE RD E 0.63 

HAAS LILLIE E 11517 1915T AVE E 0.79 

BROCK KARL R & JOYCE A 11421 191ST AVE E 1.16 

FAGAN ZETA L 11516 192ND AVE E 0.39 

LEMON GARY D & LlNDEY L 11510 192ND AVE E 0.41 

FARR ROBERT S & CYNTHIA L 11319 1915T AVE E 0.36 

RAFFIN JOHN E & KEIKO L 11323 191ST AVE E 0.37 

ARCHULETA LOUIS & CAROL RHODES LAKE RD E 0.42 

KAMEL JEREMY J 11601 188TH AVE CT E 0.99 

WOHLFORD C D & K L HAZLETT 11609 188TH AVE CT E 0.29 

LAPINSKI TAMMY E & BALINT JEREMY P 11615 188TH AVE CT E 0.59 

CARDENAS CELSO 11621 188TH AVE CT E 0.58 

COTTOM SUSAN 11521 188TH AVE CT E 0.50 

OLIVARES T L & J OLIVARES DIAZ 11525 188TH AVE CT E 1.27 

HENNINGSON CRAIG E & CAROL 11610 188TH AV CT E 0.82 

SCHUTZ DARREN J 11524 188TH AV CT E 0.47 

RIDDELL GLORIA J 11504 188TH AVE CT E 0.47 

MALS CHESTER & JULIE 11424 188TH AV CT E 0.47 

HERWICK MARK W & JONI M 11414 188TH AV CT E 0.56 

MOUNTAINVIEW NEIGHBORHOOD CHURCH 18707 RHODES LK RD E 9.04 

CITY OF BONNEY LAKE RHODES LAKE RD E 1.89 

VA OFF 1915T AVE E 0.31 

BLACKARD WAYNE & SHELLEMARIE 11233 1915T AVE CT E 0.32 

DEMPSEY HUGH E 11221 1915T AVE CT E 0.45 

GOLDBECKER JAMIE 11219 1915T AVE CT E 0.55 

VOSS JAMES R SR & DIXIE I 11213 191STAVE CT E 0.58 

LEADER JASON & CHERYL 11210 1915T AVE CT E 0.48 

HENNE TODD C & ROBIN R 11204 191ST AVE CT E 0.77 

MAXEY MARK & KATHY 11205 191ST AVE CT E 0.93 

RESECK BRIAN D & CYNTHIA L 19027 111TH ST E 0.66 

WEIDE MITCHELL B & LAURA J 19021 111TH ST E 0.53 

STOHR BRAD D & MARLA J 19015 111TH ST E 0.52

Exhibit "8" 


7000220130 BAMMEL MICHAEL P & JENNY 0 19007 111TH ST E 0.47 

7000220140 FHLMC 19001 111TH ST E 0.47 

7000220150 WEST CLINTON C & TANYA K 19002 111TH ST E 0.49 

7000220160 HELDRETH MARK E & LAURA L 19008 111TH ST E 0.72 

7000220170 LAPLANT JACK K & LORRAINE A 19016 111TH ST E 0.57 

7000220180 POPLAWSKI RICHARD A 19022 111TH ST E 0.58 

7000220190 SAGIAO TYSON & SUZANNE 19104 111TH ST E 0.70 

7000220200 HOUGHTON AIDAN & VICKY 19112 111TH ST E 0.66 

7000220210 CAMPBELL GARY J & MARLYN E 19105 109TH ST E 0.60 

7000220220 YEAGER LOUISE R 19019 109TH ST CT E 0.55 

7000220230 CANAAN IAN J 19013 109TH ST CT E 0.43 

7000220240 PREGENZER LESLEY R 19007 109TH ST CT E 0.50 

7000220250 RICHARDSON J B 109TH ST CT E 0.50 

7000220260 MAYER CHRISTOPHER P & JODIE M 19010 109TH ST CT E 0.42 

7000220270 POKORNY MICHAEL S & JOETT A V 19018 109TH ST CT E 0.42 

7000220280 MELLOR THOMAS C & LISA M 19101 108TH ST CT E 0.44 

7000220290 HANCOCK DAVID A & TERESA J 19009 108TH ST CT E 0.44 

7000220300 KEEFE SEAN & SANDRA 19003 108TH ST CT E 0.81 

7000220310 BAKER DENNIS & CARY 19004 108TH ST CT E 0.49 

7000220320 GARRIDO GRANT G & ROBIN D 19012 10STH ST CT E 0.43 

7000220330 WILHOIT HAROLD T 1901S 10STH ST CT E 0.42 

7000220340 ERIKSON PHILIP J & MONICA K 19021 10STH ST CT E 0.42 

7000220350 MC DERMOTT BRIAN P & SHARON M 19030 10STH ST CT E 0.44 

7000220360 CANTRELL GREGORY R & STACY M 19036 10STH ST CT E 0.52 

7000220370 HAND BRADLEY H & SALLY K 19104 109TH ST E 0.46 

70002203S0 PURDUE MARK E & TAMMY M 19203 10STH ST E 0.56 

7000220390 HUGHES KIRBY R & CAROL D 19209 10STH ST E 0.43 

7000220400 RUTHERFORD TONY & VERGIE 19215 10STH ST E 0.43 

7000220410 BEAZIZO ROBERT A & LEATHA M 19214 109TH ST E 0.42 

7000220420 MEEHAN PATRICK J & MARYANN E 1920S 109TH ST E 0.43 

7000220430 L YDA GARY 0 & SONJA M 19202 109TH ST E 0.44 

7000220440 WILSON IAN 19201 109TH ST E 0.43 

7000220450 LYNN STEVEN 19207 109TH ST E 0.42 

7000220460 SANTOS LARRY S P & JESSICA 10903 193RD AVE E 0.43 

7000220470 RICHARDSON ROGER T & JOANNA R 1921S 110TH ST E 0.43 

70002204S0 BRASEL SHELDON R & LAURIE J 19212 110TH ST E 0.42 

7000220490 HUSA TODD D 19204 110TH ST E 0.51 

7000220500 PATRICK DARREN & KRISTAN ELWELL 19203 110TH ST E 0.52 

7000220510 BLENCOE CLIFFORD L 19211 110TH ST E 0.42 

7000220520 EVANS TODD A & SHARLYN G 19217 110TH ST E 0.43 

7000220530 HOLOMBO KIRK A & MYRNA K 19216 111TH ST E 0.43 

7000220540 WILKEN ROBERT W & WANDA E 1920S 111TH ST E 0.42 

7000220550 PETERSON CLIFFORD D 19202 111TH ST E 0.53 

7000220560 MORAL ANTONI S III & LEILANI S 19201 111TH ST E 0.54 

7000220570 BARTLETT BLAINE A & PAMELA J 19207 111TH ST E 0.42 

7000220580 ORRISS DAVID A JR & KATRINA J 19215 111TH ST E 0.43 

7000220590 BEYER ROBERT L & DONNA Y 1921S 112TH ST E 0.43 

7000220600 RYAN TAMMI L & TIMOTHY H 19210 112TH ST E 0.42 

7000220610 HIGNARD PATRICK M & T L LATAWIEC 19204 112TH ST E 0.55 

7000220620 SMITH DONALD V & LESLIE ANN 19203 112TH ST E 0.54 

7000220630 LINVILLE TERRY L & JULIE A 19209 112TH ST E 0.43 

7000220640 WILLHITE JOHN B 11201 193RD AVE E 0.43 

7000220650 MILLER STEPHEN E 11207 193RD AVE E 0.43 

7000220660 BIRD TIMOTHY H & MANDY L 19206 113TH ST E 0.43 

7000220670 COUTTS DAVID E & NANCY M 19200 113TH ST E 0.45 

70002206S0 LANDRY LOUIE III & DIANA H 19201 113TH ST E 0.44 

7000220690 STONE BRIAN P & TERESA A 19207 113TH ST E 0.43 

7000220700 KISH ERNEST JR 11301 193RD AVE E 0.45 

7000220710 ELLIOTT RUSSELL C 11307 193RD AVE E 0.45 

7000220720 WOOD ROBERT A & DONNA M 11313 193RD AVE E 0.44

Exhibit " B" 


7000220730 STEELE MICHAEL F & CHERYL L 11319 193RD AVE E 0.51 

7000220740 ALBRECHT DERRICK J 11340 193RD AVE E 0.57 

7000220750 ARCHULETA LEROY & HYE KYONG 11332 193RD AVE E 0.42 

7000220760 HEARN JOHN W & MARGARET A 11326 193RD AVE E 0.46 

7000220770 MCCLINTOCK TONY J & MARYANN 11320 193RD AVE E 0.43 

7000220780 ROGERS JERRY M & DENICE 0 11314 193RD AVE E 0.46 

7000220790 WIK RANDY A & MARY F 11308 193RD AVE E 0.43 

7000220800 WEED KURT N & TERESA L 11302 193RD AVE E 0.41 

7000220810 MCDANIEL MARLEEN A M 11210 193RD AVE E 0.41 

7000220820 FAWVER CRAIG W & PAMELA J 11204 193RD AVE E 0.41 

7000220830 PHELPS ROBERT L & LAHALA J 11108 193RD AVE E 0.42 

7000220840 TAPIA RODERICK 0 & SHERI A 11102 193RD AVE 0.41 

7000220850 BENDON JAMIE R & DAWN M 11014 193RD AVE E 0.41 

7000220860 EVERTON RICHARD W & TAMMY T 11008 193RD AVE E 0.41 

7000220870 MAAS KENNETH D & LAWRIE J 11002 193RD AVE E 0.41 

7000220880 DUREN SUSAN E & NEALE G 10906 193RD AVE E 0.41 

7000220890 STANLEY KEITH L & VALERIE J 10900 193RD AVE E 0.42 

7000220900 BROBERG BROOKS L & SHARON K 10808 193RD AVE E 0.41 

1 7000220910 NOEL KEVIN D & CHERYL L 10802 193RD AVE E 0.41 

0 7000220920 PACIFIC RESOURCE DEV CORP OFF 1915T AVE E 0.18 

0 7000220930 PACIFIC RESOURCE DEV CORP 109TH ST CT E 0.14 

7000290010 BARGER JOHN & MICHELLE 19017 112TH ST CT E 0.31 

7000290020 WILLIAMS ERRON N & JENNIFER K 19011 112TH ST CT E 0.27 

7000290030 DAHLSTON BENGT L & KATHLEEN M 19007 112TH ST CT E 0.28 

7000290040 FRAZIER DONALD J & DONNA M F 19003 112TH ST CT E 0.34 

7000290050 HERNANDEZ-HAUCK CHRISTINA 19002 112TH ST CT E 0.31 

7000290060 RING PATRICIA G 19006 112TH ST CT E 0.41 

7000290070 RICKABAUGH MARC E & PATRICIA R 11206 191ST AVE E 0.27 

7000290080 STANDAL TOVI J 11216 191ST AVE E 0.29 

7000290090 NESSELRODT SCOTT K 11220 1915T AVE E 0.27 

7000290100 JANNI DARRELL 0 & PAMELA E 19005 113TH ST CT E 0.35 

7000290110 THOMPSON JAY E & CAROL J 19004 113TH ST CT E 0.36 

7000290120 SULKOSKY TODD A & PENNI S 19006 113TH ST CT E 0.38 

7000290130 MILLER ELIZABETH M 11306 191ST AVE E 0.27 

7000290140 SMITH TILDEN I 11312 1915T AVE E 0.29 

7000290150 HARPER JAMES M 11318 191ST AVE E 0.27 

7000290160 SHORTEN DOUGLAS & LONI WENDEL 19003 114TH ST CT E 0.40 

7000290170 MOORE CLIFFORD L & LAURIE J 19001 114TH ST CT E 0.42 

7000290180 HAMMOND THOMAS A 19002 114TH ST CT E 0.46 

7000290190 SPEARLING SCOTT G & E 0 ANGELL 11402 1915T AVE E 0.26 

7000290200 FRANZ TODD W & ROSEMARY C 11408 1915T AVE E 0.32 

7000290210 REEVES DENNIS J & TIMIAN J 19004 114TH ST CT E 0.46 

7000290220 GILBERT AMANDA 0 19006 114TH ST CT E 0.62 

0 7000290230 REFERENCE 0.00 

0 7000290240 PIERCE COUNTY TAX TITLE RHODES LAKE RD E 0.11 

0 7000290250 PIERCE COUNTY TAX TITLE RHODES LAKE RD E 1.41 

7000610010 SCIOCCHETTI JOSEPH L & REBECCA L 19201 115TH ST CT E 3.52 

7000610020 FLESHER STEPHEN C & BETTY J 19207 115TH ST CT E 0.33 

7000610030 CONSEMIU ALFREDO JR 19215 115TH ST CT E 0.35 

7000610040 DITEMAN MICHAEL C 19301 115TH ST CT E 0.31 

7000610050 KUNZ KERRY 19307 115TH ST CT E 0.39 

7000610060 SCOTT RHONDA L & JEFFREY A 19308 115TH ST CT E 0.39 

7000610070 GLOVER DAVID 19302 115TH ST CT E 0.35 

7000610080 ROGERS JOHN S 19216 115TH ST CT E 0.35 

7000610090 ISAACKS JOHN H 19209 RHODES LAKE RD E 0.34 

7000610100 SELLS MARC & ANDREA 19202 115TH ST CT E 0.34 

7000950010 DIVIS VICTORIA L 18941 109TH ST CT E 0.28 

7000950020 PAULSON CHRISTOPHER J & JOCELYN R 18935 109TH ST CT E 0.28 

7000950030 THOMPSON CURTIS R 10908 188TH AVE E 0.28 

7000950040 WALK BRIAN 0 & AMARA C 10912 188TH AVE E 0.23

Total: 265 

SOUTHERN AREA 

7000950260 

7000950270 

7000950280 

7000950290 

7000950300 

7000950310 

7000950320 

7000950330 

7000950340 

7000950350 

7000950360 

7000950370 

7000950380 

7000950390 

7000950400 

7000950410 

7000950420 

7000950430 

7000950440 

7000950450 

7000950460 

7000950470 

7000950480 

7000950490 

7000950500 

7001180050 

7001180060 

7001180070 

7001180080 

7001180090 

7001180100 

7001180110 

7001180120 

7001180130 

7001180140 

7001180150 

7001180160 

7001180170 

7001180180 

7001180190 

7001180200 

7001180210 

7001180220 

7001180230 

7001180240 

7001180250 

0 7001180260 

0 7001550470 

0 7001550480 


7 0519054004 

7 0519058002 

7 0519081007 

3 0519081011 

3 0519081016 

6 0519081019 

4 0519081020 

Exhibit "B" 


ALLEN MATTHEW N & HEIDI M 10913 188TH AVE E 0.39 

BERGER RICHARD L & PATRICIA 10909 188TH AVE E 0.40 

SCOTT DAVID A & JUNE C 10905 188TH AVE E 0.36 

BABBITT DAVID J & CAROLYN M 10901 188TH AVE E 0.34 

AUSTIN WILLIAM G & DANA L 18904 109TH ST CT E 0.33 

WILSON SUSAN M 18934 109TH ST CT E 0.31 

JOHNSON KENNETH L & NANCY A 10813 189TH AVE E 0.28 

VAN WINKLE JOHN F & AKIKO M 10809 189TH AVE E 0.31 

TRACY KEITH L & JANET A 10805 189TH AVE E 0.37 

BATTEN THOMAS M & HEIDI M 10803 189TH AVE E 0.38 

ORTH SCOTT & SUSAN 10709 189TH AVE E 0.43 

EDMAN ANDREW T & KATHLEEN 0 10705 189TH AVE E 0.38 

STANFIELD RICHARD T 10700 189TH AVE E 0.32 

FOSTER EDDIE R & CHONG S 10629 189TH AVE E 0.30 

BADZIONG TERRY L & JUDITH A 10625 189TH AVE E 0.28 

LAVERDIERE NORMAN 0 & ERIN J 10621 189TH AVE E 0.28 

ELLIOTT COLIN R & KATHLEEN M 10617 189TH AVE E 0.28 

GURR STEVEN R & TRACEY S 10613 189TH AVE E 0.28 

MCCLELLAN ROBERT 0 & SUZANNE K 10609 189TH AVE E 0.37 

BROWN NIKKI R & MARIA R 10605 189TH AVE E 0.28 

DODDS JERRY R & CYNTHIA J 10601 189TH AVE E 0.28 

CONNELL DENNIS P & CATHY A 10614 189TH AVE E 0.37 

NETZER CORY 0 & KRISTIE A 10618 189TH AVE E 0.28 

BECKER TERRY A & TARA D 10622 189TH AVE E 0.28 

BELFORD JAMES I & DEBRA E 10626 189TH AVE E 0.38 

STANFIELD DAWNA M 11000 18BTH AVE E 0.33 

LEWIS DONN M & MARY J 11004 188TH AVE E 0.32 

PARKE CALVIN P & ANGELLA K 18922 111TH ST E 0.30 

STEPHENSON KENNETH J & DANA M 18928 111TH ST E 0.28 

BLAYLOCK MICHAEL A & LYNNE M HAGEN 18934 111TH ST E 0.28 

KILLIEN PATRICK J JR & A C 18940 111TH ST E 0.30 

THOMPSON RICHARD P 18941 111TH ST E 0.36 

ERICKSON KELVIN C & MARIE L 18935 111TH ST E 0.31 

MERRELL DAVID & DEBRA J 18929 111TH ST E 0.25 

VAIL LOREN T & LORI A 18923 111TH ST E 0.25 

BAKER DAVID W 18841 111TH ST E 0.28 

MATHIASEN CRAIG M & MARCIA J 18835 111TH ST E 0.28 

WELLS JEANETTE L 18829 111TH ST E 0.28 

HANCOCK LARRY R & ELIZABETH G 18825 111TH ST E 0.45 

LINDSLEY KEVIN & SHELLY ETAL 18818 111TH ST E 0.34 

MILLER JACK 0 & MARILYN L 18812 111TH ST E 0.32 

HOOK ERIC 0 & STEPHANIE G 18806 111TH ST E 0.28 

PANTALEO SCOTT B & MERRY L 18802 111TH ST E 0.30 

KEATING KEVIN J & JANEL 11009 188TH AVE E 0.47 

QUICK MATTHEW B & SHARON M 11005 188TH AVE E 0.48 

PAYTON JANET L & SCOTT E 11001 188TH AVE E 0.39 

CITY OF SUMNER OFF 188TH ST E 0.04 

NACHES TERRACE LLC 114TH ST E 5.20 

CITY OF BONNEY LAKE 114TH ST E 0.85 

137.22 


RANDALL MARY E 11122 ANGELINE RD 2.00 

BRAUN BOBBI L ETAL 17929 111TH ST E 2.00 

THOMAS WILLIAM E & JOYCE E 17817 RHODES LAKE RD 1.90 

BALSLEY DENNIS R & JANE A 17711 RHODES LK RD E 0.87 

GHORMLEY DANIEL J & CINDY L 18003 RHODES LAKE RD 0.78 

FRAZIER DONALD J 18121 RHODES LAKE RD E 1.84 

STROZYK A L 18011 RHODES LAKE RD E 1.21

Total: 145 

Exhibit "B" 


2 0519081024 GUNTER DALLAS 17915 RHODES LAKE RD E 0.67 

5 0519081032 GRIMSHAW STUART 11602 ANGELINE RD E 1.43 

2 0519081035 HERRON RONALD L 17909 RHODES LK RD E 0.69 

7 0519081057 THOMAS WILLIAM & JOYCE 17811 RHODES LK RD 1.90 

20 0519081073 ANGELINE ROAD PROPERTIES LLC 11408 ANGELINE RD E 5.00 

8 0519081074 ANGELINE ROAD PROPERTIES LLC ADJ 11602 ANGELINE RD E 2.19 

3 0519081075 KLEMKOW DARREN & K L GIBLER 17919 RHODES LAKE RD 0.91 

2 0519081078 FILE RORY E & KAREN M 11608 ANGELINE RD E 0.43 

4 0519085003 RAY DANNY A & DEBORAH J 18016 113TH ST CT E 1.22 

4 0519085004 STUCKER LARRY & DONNA 18015 113TH ST CT E 1.21 

2 0519085007 EVANS CHARLES L & LAVERNE M 18109 113TH ST CT E 0.61 

2 0519085008 DUNWOODY EDWIN B & TWILA J 18103 113TH STCT E 0.60 

4 0519085011 LONDA ENTERPRISES INC 17503 RHODES LAKE RD 1.07 

2 0519085012 MCDOUGLE IVY L 17524 115TH ST CT E 0.66 

4 0519085013 TAYLOR DEENA K & KIMBERLY A JENSEN 17610 115TH ST E 1.00 

4 0519085014 HESS KEITH E 17501 RHODES LAKE RD E 1.00 

1 0519085015 MC CORMACK THOMAS W & BARBARA J 18110 113TH ST CT E SUMNER 0.41 

3 0519085016 MC CORMACK THOMAS W & BARBARA J 18110 113TH ST CT E 0.80 

29 7001492070 SUMNER SCHOOL DISTRICT 320 PANORAMA BLVD 8.35 

40.75

Exhibit "e" 

Ashton Woods Offsite Sewer Final Cost Summary 

as of 9/07/04 

Description Final Costs 

Purchase of Sewer Easements 90,563.00 

Pierce County/City of Bonney Lake Review & Inspections 8,104.34 

Geotech Report & Inspections 2,694.00 

Legal Fees 2,638.00 

Civil Engineering Fees 20,691.00 

Wetland Analysis & Fees 4,410.00 

Construction Staking 1,748.00 

Construction Costs 303,163.58 

Construction Costs - Dewatering 104,254.34 

Property Owner and Restoration Requirements 19,431.31 

Construction Management 27,884.88 

Total Final Cost $ 585,582.44

Ashton Woods Sanitary Sewer 

WESTERN AREA 

TOTAL ACRES: 

DENSITY: 

REU: 

NACHES TERRACE 

TOTAL ACRES: 

REU: 

ASHTON WOODS 

TOTAL ACRES: 

REU: 

128.50 

2 

257 

9.91 

46 

25.79 

130 

WOODBRIAR VILLAGE 

TOTAL ACRES: 14.69 

REU: 

87 

EASTERN AREA 

PLATTED LOTS 

TOTAL ACRES: 

REU: 

EASTERN AREA 

NON-PLATTED LOTS 

TOTAL ACRES: 

DENSITY: 

REU: 

SOUTHERN AREA 

TOTAL ACRES: 

REU: 

TOTAL ACRES: 

TOTAL REU'S: 

TOTAL COST 

COST PER REU: 

115.84 

228 

9.39 

4.0 

37 

40.75 

145 

345 

930 

$585,582.44 

$629.66 

Exhibit D Service Area REU's

IN WITNESS WHEREOF, the parties have hereunto set their hands and official seals 

the day and year first above written, each corporate party hereto having first been authorized and 

empowered to do so by resolution adopted by their governing bodies. 

STATE OF WASHINGTON ) 

COUNTY OF PIERCE 

) ss. 

) 

On this day personally appeared before me ROBERT YOUNG, to me known to be the 

Mayor of THE CITY OF BONNEY LAKE, the municipal corporation described in and that 

executed the within and foregoing instrument, and acknowledged said instTument to be the free 

and voluntary act and deed of said municipal corporation, for the uses and purposes therein 

mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said 

municipal corporation. 

GIVEN under my hand and official seal this 21 � day of (Qef1ow- ,2004. 

[7.14.04 Final Ashton Woods latecomer agrccmctltdoc] - 4 - 

(T§1)eIPfiI1tNaIl ) 

Notary Public in and for the State of Washington, 

residing at ;...6rrt.. /kl�J) 

My appointment expires: (0-(0-07

STATE OF W ASI-IINGTON ) 

)SS 

COUNTY OF PIERCE ) 

On this day personally appeared before me, Richard M. Dorenbush, its authorized 

signatory for Angeline Road Properties L.L.C. the limited liability company described in 

and that executed the within and foregoing instrument, and ackll0wledged said instrument 

to be the free and voluntary act and deed of said limited liability company, for the uses 

and purposes therein mentioned, and on oath stated that he was authorized to execute said 

instrument on behalf of said limited liability company. 

GIVEN under my hand and official seal this �. day of U::fr)t£ r ,2004. 

PRINTrrVPE NAME) 

NOTARY PUBLIC in and for the State of 

Washington, residing at lfde((J I l,l\::;LL/ 

MY COMMISSION EXPIRES 5119/07

4;, 

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City of Bonney Lake, Washington 

Council Agenda Bill (C.A.B.) Approval Form 

De[!artment/Staff Contact: Council Meeting Date: Agenda Item Number 

Seth Boettcher - Public July 22, 2003 AB03-181 

Works Director 

Ordinance Number: Resolution Number: Council member S[!onsor: 

1136 

BUDGET INFORMATON 

2002 Budget Amount Reguired Ex[!enditure Im[!act Remaining Balance 

$ 0 $ 0 $ 0 $ 0 

Ex[!lanation: 

Agenda Subject: 

Set Public Hearing for the Ashton Woods Latecomer Agreement. 

Administrative Recommendation: 

Recommend to the City Council to set a public hearing to take public comment on the proposed 

latecomer a reement for Au ust 12, 2003. 

Background Summary: 

The Community Development Committee (CDC) approved the Developer Extension 

Agreements for both Ashton Woods and Woodbriar on July 14, 2003. Public Works is 

concUITently processing the Latecomer Agreement for Ashton Woods and is requesting a Public 

Hearing to take public testimony. 

Council Committee Dates: 

Finance Committee: 

Public Safety Committee: 

Community Development & Planning 

Committee: 

Council Workshop: 

Council Action' 

Council Call for Hearing: 

Council Referred Back to: 

Council Tabled Until: 

Commission Dates: 

Planning Commission: 

Civil Service Commission: 

Workshop: 

Council Hearings Date: 

Council Meeting Dates: 

Committee 

Board/Hearing Examiner Dales: 

Park Board: 

Hearing Examiner: 

Date City Attorney reviewed 

7/9/03

City of Bonney Lake, Washington 

Council Agenda Bill (C. A.B.) Approval Form 

Del!artment/Staff Contact: Council Meeting Date: Agenda Item Number 

John Woodcock - City October 26, 2004 AB04-249 

Engineer 

Ordinance Number: Resolution Number: Councilmember Sl!onsor: 

1136 

BUDGET INFORMATON 

2002 Budget Amount Reguired EXl!enditure Iml!act Remaining Balance 

$ 0 $ 0 $ 0 $ 0 

EXl!lanation: 

Agenda Subject: 

A resolution of the City Council of the City of BOImey Lake, Pierce County, Washington, 

authorizing a latecomer agreement with Angeline Road Properties for the Ashton Woods 

Development for the extension of sewer. 

Administrative Recommendation: 

Recommend that the City Council set approve the latecomer agreement and authorize the Mayor 

to si n it. 

Background Summary: 

The Community Development Committee approved the Developer Extension Agreement for 

Ashton Woods on 7/14/03. A public hearing was held on 8112103 based on estimated 

construction costs and a second public hearing was held on 10112/04 based on final construction 

costs. The public hearing was closed with no public comment. 

Council Committee Dates: 

Finance Committee: 

Public Safety Committee: 

Community Dcvc\opment & Planning 

Committee: 7/14/03 

Council Workshop: 

Council Action' 

Council Call for Hearing: 

Council Referred Back to: 

Council Tabled Until: 

Si natures: 

Dept. Dir. 

Commission Dates: 

Planning Commission: Park Board: 

Civil Service Commission: 

Workshop: 

Mayor 

Council Hearings Date: 8/12/03,10112/04 

Council Meeting Dates: 

Committee 

Board/Hearing Examiner Dates: 

Hearing Examiner: 

Date City Attorney reviewed 

9116104

DATE: August 04, 2003 

COMMUNITY DEVELOPMENT COMMITTEE 

ORIGINATOR: Seth Boettcher, P.E. TITLE: Director of Public Works 

SUBJECT: Ashton Woods Latecomer Agreement 

A Public Hearing will be held on August 12' h to receive public comments on the Ashton Woods 

Latecomer Agreement. Ashton Woods is extending sewer improvements to their property at an estimated 

cost of $511,732.20 to service this development with City sewer. This utility improvement is available to 

other properties, who may want to make connection to said improvements in the future in connection with 

the development of their properties. The Ashton Woods Latecomer will forward to Council Workshop on 

August 18,2003 and if approved, will be forwarded to Council for adoption on August 19, 2003. 

ORDINANCE/RESOLUTION # 1136 

REQUEST OR RECOMMENDATION BY ORIGINATOR: Recommend to the City Council to 

approve the latecomer agreement and authorize the Mayor to sign it. 

ISSUE AND DOCUMENTS HAVE BEEN REVIEWED AND APPROVED BY THE 

FINANCE DIRECTOR _____ _ 

CITY ATTORNEY 7-29-03 

BUDGETED ITEM: Budget Impact: 

COMMITTEE ACTION: RECOMMEND APPROVAL TO COUNCIL 

James Rackley, Chairman 

Dan Swatman 

Cheryle Noble 

DATE 

11-'1-03 

tf---¥-,J.:> 

APPROVED 

�� 

�� I\>v.-\o\'u, �()...J('\"� '-">'\.\.\ �c.: \>.\ ��ts /C,§n.�"I.\.C; , 

COMMITTEE'S RECOMMENDATION TO FORWARD TO: 

CITY CLERK 

CITY ATTORNEY 

$ 0 

DISAPPROVED 

Please schedule for Council Meeting date of: August 12,2003 

--�--------��----------------

October 12, 2004 

PUBLIC WORKS DEPARTMENT 

STAFF REPORT 

The City of Bonney Lake's mission is to protect the community's livable identity and scenic beauty 

through responsible growth planning and by providing accountable, accessible and efficient local 

government services." 

Ashton Woods Latecomer Agreement 

In August of2003, a Public Hearing was held regarding the Ashton Woods 

Latecomer Agreement. Based on the estimated 2003 construction costs of 

$511,732.20 the pro-rata share was estimated to be $550.25 per Residential 

Equivalent Unit (REU). 

Final construction is now complete and final costs have been submitted. 

Based on the total construction and construction management cost of 

$585,582.44 the final pro-rata share has been determined to be $629.66 per 

REU.

City Council Minutes July 22, 2003 

B. AB03-182 - Resolution 1137 - A Resolution Of The City Council OfThe City Of 

Bonney Lake, Pierce County, Washington, Authorizing The Supervisory Control And 

Data Acquisition (SCADA) Upgrade Change Order For The Telemetry System With 

Clearwater Controls & Automation. 

Councilmember Rackley moved to approve Resolution 1137; Council member Johnson 

seconded; Motion carried. 

C. AB03-183 - Resolution 1138 - A Resolution Of The City Council Of The City Of 

Bonney Lake, Pierce County, Washington, Authorizing The Award Of The Lake 

Bonney Roadway And Water Main Improvements To DDJ Construction. 

Councilmember Rackley moved to approve Resolution #1138; Council member DeLeo 

seconded. Motion carried 

D. AB03-184 - Resolution 1139 - A Resolution Of The City Council Of The City Of 

Bonney Lake, Pierce County, Washington, Authorizing An Affiliation Agreement With 

The Green River Community College Water Supply And Wastewater Technology 

Program. 

Council member Noble moved to approve resolution 1139; Councilmember Johnson 

seconded. Motion carried 

E. AB03-187 - Resolution 

1142 - A Resolution Of The City Council Of The City Of 

Bonney Lake, Pierce County, Washington, Authorizing A Water And Sewer Developer 

Extension Agreement With Angeline Road Properties For Ashton Woods 

Development. 

Councilmember Rackley moved to approve Resolution #1142; Councilmember 

Johnson seconded; Motion carried. 

F. AB03-188 - Resolution 1143 - A Resolution Of The City Council OfThe City Of 

Bonney Lake, Pierce County, Washington, Authorizing A Water And Sewer Developer 

Extension Agreement With Woodbriar Village LLC For Woodbriar Development. IA3.13.7] 

Council member Rackley moved to approve Resolution # 1143; Councilmember 


G. AB03-181- Resolution 1136 - A Motion To Set A Public Hearing For The Regular 

Council Meeting Of August 12, 2003 For The Ashton Woods Latecomer Agreement. 

Council member Rackley moved to approve Resolution # 1136; Councilmember 


H. AB03-189 - A Motion of the Bonney Lake City Council Accepting the Notice of 

Completion From T.F. Sahli for Construction Of The Jack Kobelin Memorial Skate 

Park. 

Councilmember Johnson moved to approve the motion; Council member Rackley 

seconded; Motion carried. 

Page 5

City Council Minutes Page 3 August 12, 2003 

and the Council expressed appreciation for the information presented by Ms. 

Martin. 

II. PUBLIC HEARINGS, CITIZEN COMMENTS & CORRESPONDENCE: 

[Al.6.11, Al.6.12, Al.6.4, l.6.5J 

A. Public Hearings: 

B. 

I. AB03- ISl - Resolution 1136 - A Resolution Of The City Council Of The City Of 

Bonney Lake, Pierce County, Washington, Authorizing A Latecomer Agreement With 

Angeline Road Properties For The Ashton Woods Development For The Extension Of 

Sewer. [A).I3.SJ 

Mayor Young opened the public hearing at 7:22 p.m. City Engineer John Woodcock 

explained that the sewer extension was from Willowbrook south at a cost of 

approximately $500,000. He said the estimated future cost per home is $550 in this 345 

acre, 930 residential equivalent development. 

No one signed-up to speak at the public hearing. When the audience was offered an 

opportunity to participate, no one came forward to speak. Mayor Young declared that 

the public hearing would be continued and the record kept open until the final 

construction costs were known. He said at that time, the hearing would be reconvened 

for additional public comment. 

Citizen Comments [AH.41 

Don Sangesand, 5616 1951 h PL E., complained that he felt there was misinformation 

being provided about the water system and water quality. He said the water from the 

Ball Park Well was brown, stinks and leaves sludge in the bathtub. He was amazed that 

there are still people sprinkling and irrigating, new businesses being developed and 

pelmitted while he is forced to have water of such poor quality. He said his invalid wife 

was unable to use her Jacuzzi tub, that their dishwasher and tub were stained. He 

complained that the extreme conditions requiring the use of the Ball Park Well and the 

bad water he is forced to endure is the result of the City's lack of long-range planning. 

He suggested using Tacoma water for a portion of the city's customers, and shutting 

down the Ball Park Well in order to provide cleaner water to him and his neighbors. 

Deputy Mayor Swatman expressed regret for the situation and asked if City Staff had 

developed a plan to reduce the current use of the Ball Park Well. Mayor Young 

apologized that comments in the City Newsletter could be misinterpreted to say that the 

City has plenty of water. He said the City does not. He clarified the statements to mean 

that residents have conserved to help the City's position, and that if they had not, the 

City would be out of water, with mandatory restrictions in place. He said rather than 

require mandatory restrictions, the decision was made to utilize the Ball Park Well. He 

added that the City applied last year for the funds necessary to further develop the well

City Council Minutes Page 14 October 26, 2004 

Agreement With Lake Tapps Development LLC For Kelly Lake Park. 1,\3. 1).71 

VIII. PUBLIC SAFETY COMMITTEE ISSUES: None. 

IX. FULL COUNCIL ISSUES: 

A. AB04-249 - Resolution 1136 - A Resolution Of The City Council Of The City Of Bonney 

Lake, Pierce County, Washington, Authorizing A Latecomer Agreement With Angeline 

Road Properties For The Ashton Woods Development For The Extension Of Sewer. 

1,\.1·135.11 

Councilmember Rackley moved to approve Resolution 1136. Councilmember 

Hamilton seconded the motion. 

Motion approved 5 - 2. Councilmembers 

DeLeo and Noble voted no. 

Council member Rackley said the public in the audience would like to know what happened to the developer 

extension agreements. Mayor Young explained that the agreements were postponed to the next workshop on 

Tuesday, November 2 at 5:30 p.m. for discussion. Councilmember DeLeo noted that they could be changed 

to an action item at that time by the Council. 

B. AB04-245 - Closed Record Hearing and A Motion Of The City Council Of The City Of 

Bonney Lake, Pierce County, Washington, To Accept, Modify, Or Reject The Decision Of 

The Hearing Examiner on The First Land Development, LLC, Set-Back Variance Located At 

Garden Meadows. [A3.b.IOI [03.8.4J 

Councilmember Hamilton moved to accept the decision of the Hearing Examiner. 

Councilmember King seconded the motion. 

The City Council discussed the Hearing Examiner's conclusions and determination. City 

Attorney Dionne reviewed with Council the Examiner's actions and reasons. He added that 

a rejection of the decision would require new findings to be prepared for the Council's 

acceptance. A council majority agreed to take arguments from a representative of First Land 

Development, LLC. 

Hans Korvee ofDMP Engineering. addressed their reasons for requesting the variance and 

their arguments for the Council's rej ection of the Examiner's findings. He said there 

appeared to be an internal inconsistency in the Municipal Code dealing with building 

setbacks and PUDs. He suggested there was little need to require a twenty foot setback on 

each of two adjacent PUDs. 

Deputy Mayor Swatman said that the City has a process to amend inconsistencies in the 

Municipal Code, and that is to change the code. He said it would be inappropriate to effect 

the change through variance. Council members Hamilton, Johnson and King voiced their 

agreement with Deputy Mayor Swatman's position that the remedy, if needed, is in re-

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