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HomeMy WebLinkAbout06-14-21 Council Workshop To join Zoom meeting, click here. Meeting ID: 856 3812 0656 Passcode: 223780 To join with mobile: 1-253-215-8782 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Ashleigh APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS Juneteenth ATTACHMENT A Mayor Barb Tolbert Pride Month ATTACHMENT B Councilmember Debora Nelson WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. RFA Annexation Agreements ATTACHMENT C Staff Presentation: Steve Peiffle Council Liaison: Marilyn Oertle 2. Concession Agreement with Arlington Community Food Bank ATTACHMENT D Staff Presentation: Sarah Lopez Council Liaison: Marilyn Oertle 3. Public Right of Way Purchase for 40th Ave Intersection Project ATTACHMENT E Staff Presentation: Jim Kelly Council Liaison: Jan Schuette Arlington City Council Workshop Monday, June 14, 2021 at 7:00 pm 4. Right of Way Dedication for 168th St for the Outpost at Smokey Point ATTACHMENT F Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 5. Right of Way Dedication for 168th St for 5J Williams Family, LLC ATTACHMENT G Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles 6. Appointment of Melissa Johnson to Planning Commission ATTACHMENT H Staff Presentation: Marc Hayes Council Liaison: Mayor Pro Tem Jesica Stickles ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert PROCLAMATION JUNETEENTH WHEREAS, on January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, setting in motion the end of slavery in the United States; and WHEREAS, it was not until June 19, 1865, that it was announced to those still enslaved in Texas: 'The people are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free"; and WHEREAS, a celebration of the end of slavery, which became known as Juneteenth, is the oldest known public celebration of the end of slavery in the United States; and WHEREAS, Juneteenth commemorates African American freedom and celebrates the successes gained through education and greater opportunity; and WHEREAS, on a larger scale, celebration of Juneteenth reminds each of us of the precious promises of freedom, equality, and opportunity, which are at the core of the American Dream; WHEREAS, Governor Jay Inslee has officially declared Juneteenth a state holiday in Washington; NOW, THEREFORE, I, BARBARA TOLBERT, Mayor of the City of Arlington, do hereby proclaim June 19, 2021 as Juneteenth in the City of Arlington, and urge all citizens to become aware of the significance of this celebration in American history, and in the heritage of our nation and state. PROCLAMATION CELEBRATING OUR COMMUNITY BY DECLARING THE MONTH OF JUNE PRIDE MONTH, AFFIRMING THAT LGBTQ+ RIGHTS ARE HUMAN RIGHTS WHEREAS, the Arlington City government is committed to celebrating the diversity of our growing city; and WHEREAS, the month of June is celebrated throughout our nation, commemorating the Stonewall Uprising that occurred June 28th, 1969, in opposition to police harassment, marking the beginning of the LGBTQ+ rights movement; and WHEREAS, on June 26th, 2015, the Supreme Court granted same-sex individuals the right to marry in the Obergefell v. Hodges decision, recognizing that the sanctity of marriage is the right of all to pursue regardless of sexual orientation; and WHEREAS, despite national progress, the LGBTQ+ community continues to face discrimination, harassment, disparity in healthcare, housing and employment, and the denial of basic human rights; and WHEREAS, the LGBTQ+ community continues to be vulnerable to violence, homelessness, and death, as the CDC indicates one-third of LGB youth attempted suicide last year, compared to six percent of their heterosexual peers, and the UCLA Williams Institute indicates sexual minority adults are twice as likely as the general population to have experienced homelessness in their lifetime; and WHEREAS, members of the LGBTQ+ population reside throughout our city, are employed in our city, are our neighbors, our teachers, our first responders, our business owners, our youth, our friends and our family, and these community members deserve to live without fear of discrimination, prejudice or violence; and WHEREAS, the City of Arlington strives to be an employer who is committed to creating an environment that is inclusive and equitable, and free from discrimination and harassment, and desires opportunities to celebrate the growing diversity in our city. NOW, THEREFORE, I, BARBARA TOLBERT, Mayor of the City of Arlington, do hereby proclaim June 2021 as LGBTQ+ Pride Month in the City of Arlington, and commit to engaging in action that increases the safety, security, and freedom of each of the LGBTQ+ citizens. _________________________________ _________________________ Barbara Tolbert, Mayor Date City of Arlington Council Agenda Bill Item: WS #1 Attachment C COUNCIL MEETING DATE: June 14, 2021 SUBJECT: RFA Annexation Agreements ATTACHMENTS: RFA Assignment – District 19, RFA Assignment – District 21 (EMS), RFA Assignment – District 25, RFA Assignment – District 21 (Fire), RFA Assignment – East County Support Services, RFA Assignment – Snohomish County, RFA Assignment – Northwest Incident Support, RFA Assignment – Eric Cooper, RFA Assignment – Marysville Fire, and RFA Assignment – Sno911. DEPARTMENT OF ORIGIN Executive; Paul Ellis, City Administrator Legal; Steve Peiffle, City Attorney EXPENDITURES REQUESTED: None BUDGET CATEGORY: None BUDGETED AMOUNT: None LEGAL REVIEW: DESCRIPTION: On February 9, 2021, voters approved the annexation of the City of Arlington Fire Department into North County Regional Fire Authority. Staff and legal counsel have been preparing the necessary documents to facilitate the annexation. This is the first group of documents requiring action for each of the governing boards. The annexation will take effect August 1, 2021. HISTORY: The Arlington City Council and the North County Regional Fire Authority Board of Commissioners appointed a subcommittee to study the feasibility of the City of Arlington annexing into the fire district. After a 13-month study, the proposed annexation was approved by voters in February of 2021. ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. At the June 21, 2021 Council meeting, the recommended motion will be, “I move to approve the ten assignments, as presented, and authorize the Mayor to sign them, pending final review by the City Attorney, and approval by NCRFA.” ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 19 (the “Contracting Entity”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Entity entered into a contract commencing January 1, 2019 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Entity. The Contracting Entity hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 19 By: EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 21 (the “Contracting Entity”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Entity entered into a contract dated January 29, 2019 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Entity. The Contracting Entity hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 21 By: EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 25 (the “Contracting Entity”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Entity entered into a contract dated January 29, 2019 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Entity. The Contracting Entity hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 25 By: EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 21 (the “Contracting Entity”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Entity entered into a contract dated January 1, 2021 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Entity. The Contracting Entity hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 21 By: EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), EAST COUNTY SUPPORT SERVICES DIVISION (the “Contracting Entity”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Entity entered into a contract dated April 16, 2019 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Entity. The Contracting Entity hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor EAST COUNTY SUPPORT SERVICES DIVISION By: EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), SNOHOMISH COUNTY (the “Contracting Entity”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Entity entered into a contract commencing April 24, 2014 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Entity. The Contracting Entity hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor SNOHOMISH COUNTY By: EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), NORTHWEST INCIDENT SUPPORT (the “Contracting Entity”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Entity entered into a contract dated January 1, 2021 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Entity. The Contracting Entity hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor NORTHWEST INCIDENT SUPPORT By: EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), ERIC COOPER (the “Contracting Individual”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Individual entered into a contract commencing January 1, 2014 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Individual. The Contracting Individual hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor ERIC COOPER EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “Assignor”), MARYSVILLE FIRE DISTRICT (the “Contracting Entity”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Assignee”). WHEREAS, Assignor and Contracting Entity entered into a contract dated August 21, 2019 (the “Contract”), a copy of which is attached hereto as Exhibit A; WHEREAS, as of August 1, 2021, Assignor will be annexed into the Assignee pursuant to Chapter 52.26 RCW; and WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the Assignor pertaining to fire protection and emergency services transfer to the Assignee upon annexation. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Assignor’s interest in the Contract is hereby assigned to the Assignee, and by entering into this Assignment, the Assignee hereby accepts said assignment and agrees to assume said interests, duties, and obligations. 2. Notice. Any notices to be provided to Assignor under the Contract shall, commencing on October 1, 2021, be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Contracting Entity. The Contracting Entity hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor MARYSVILLE FIRE DISTRICT By: EXHIBIT A [CONTRACT] ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (the “Assignment”) is entered into this 1st day of August, 2021, by and between the CITY OF ARLINGTON (the “City”), SNOHOMISH COUNTY 911 (the “Sno911”), and NORTH COUNTY REGIONAL FIRE AUTHORITY (the “Authority”). WHEREAS, the City and the Authority are parties to the Amended and Restated Snohomish County Regional Public Safety Communications Agency Interlocal Agreement (the “Contract”) , a copy of which is attached hereto as Exhibit A; WHEREAS, the City currently provides fire, EMS, and police services, and participates in the fire, EMS, and police dispatch functions of Sno911; WHEREAS, the Authority currently provides fire and EMS services, and participates in the fire and EMS dispatch functions of Sno911; WHEREAS, as of August 1, 2021, the City will be annexed into the Authority pursuant to Chapter 52.26 RCW; WHEREAS, pursuant to RCW 52.26.100, all functions and duties of the City pertaining to fire and EMS services transfer to the Authority upon annexation; and WHEREAS, by entering into this Assignment Agreement, the Sno911 Board approves the transfer of the assignments set forth herein. NOW, THEREFORE, the parties agree as follows: 1. Assignment and Assumption. Effective August 1, 2021, the City hereby assigns to the Authority all of the City’s interests, duties, rights, and obligations with regards to the fire dispatch function in the Contract, and by entry into this Assignment, the Authority hereby accepts said assignment and agrees to assume such interests, duties, rights, and obligations. Without limiting the generality of the foregoing, the following terms apply to this assignment: 1.1 For the period of August 1, 2021 through December 31, 2021, the Authority will be responsible for all fire dispatch related assessments that would otherwise be assessed to the City, including but not limited to the financial contribution required of the City in accordance with the Assessments formula provided for in Exhibit B of the Contract. Thereafter, the assessments attributable to the City and Authority shall be determined as provided in accordance with the Assessments formula provided for in Exhibit B of the Contract. 1.2 The City shall remain a Member Agency in Sno911 with respect to the police dispatch function. The Authority will be subject to all terms and conditions of the Contract. 2. Notice. Any notices to be provided to the City for all fire dispatch related matters under the Contract shall, commencing on August 1, 2021 be given as follows: North County Regional Fire Authority 8117 267th Street NW Stanwood, WA 98292 3. Consent of Sno911. Sno911 hereby consents to this Assignment and the terms and conditions set forth herein. 4. Other Terms and Conditions. All other terms and conditions of the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written. NORTH COUNTY REGIONAL FIRE AUTHORITY John Cermak, Fire Chief CITY OF ARLINGTON Barbara Tolbert, Mayor SNOHOMISH COUNTY 911 By: EXHIBIT A [CONTRACT] City of Arlington Council Agenda Bill Item: WS #2 Attachment D licensee paid ten percent of gross monthly sales to the City. Staff recommends awarding a license agreement to the Arlington Community Food Bank for a period paid the City $4,163; and contributed equivalent amount to the Arlington Community Food Bank. CONCESSION LICENSE AGREEMENT FOR HALLER PARK THIS LICENSE AGREEMENT is made this 21 day of June 2021, by and between CITY OF ARLINGTON, a political subdivision of the State of Washington ("City"), and Arlington Community Food Bank, ("Licensee"). In consideration of the mutual promises stated herein, each of the parties hereto agrees as follows: 1. License. City hereby grants to Licensee a nonexclusive license to sell ice cream, sundry products, water, soda pop, popcorn, candy, ice, etc., from a concession unit at Haller Park (the “Premises”) in accordance with this Agreement. Refer to Schedule A, attached hereto and incorporated herein, for exact dates and times of operation, products, prices and pictures identifying the type of temporary concession unit that will be used to sell the products. 2. Duration. This Agreement shall commence July 1, 2021, and shall continue in effect until November 30, 2021 at 12:00 am unless earlier terminated as provided below. The agreement term may be renewed annually in writing from April 1, 2022 through November 1, 2022 respectively for a maximum of two (3) additional one-year terms at the sole discretion of the City. 3. License Fee. The City shall waive the concession fee for the Arlington Community Foodbank. Licensee shall provide a summary of monthly sales at the end of the agreement. 4. Licensee’s Duties. a. Licensee and its employees shall comply with all rules and regulations of the City and Snohomish County Health District relating to the use of, and conduct at the Premises. Licensee and its employees shall comply with all applicable federal, state, and local laws while acting under this license. Licensee shall be liable to the City for loss or damage it or its employees, cause to the Premises during the periods of use of this license. b. Licensee shall maintain and operate the concession unit in a commercially reasonable manner. The unit shall cleaned to its original state at the termination of this Agreement. c. If the Licensee wishes to make capital improvements to the permanent concessions unit, the area surrounding the unit, or wants to construct a permanent or temporary unit, Licensee must propose the improvements or construction to the City in writing. This proposal must include site plans and specific construction drawings. The City may approve or disallow the improvements. If the proposal is approved by the City a separate written agreement will be developed between the City and the Licensee. The Licensee will be responsible to apply for and obtain all necessary permits that may be required by the City, the Health District or other regulatory agencies. At such time as the Agreement is terminated, the improvements become the property of the City. d. Insurance Requirements. Maintenance of insurance as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by insurance or to limit the City’s recourse. The Licensee shall obtain and maintain continuously, at its own expense, the following primary insurance appropriate to the activity and necessary to protect the public for the term of the Agreement: i. Commercial general liability insurance including Product-Completed Operations coverage with a minimum limit of $1,000,000 per occurrence and endorsed to include City of Arlington, its officers, elected officials, agents, and employees as an additional insured. Claims-made Commercial General Liability insurance will not be accepted. ii. The Licensee shall provide or purchase workers’ compensation insurance coverage to meet the Washington State Industrial Insurance regulations. The City will not be responsible for payment of workers’ compensation premiums or for any other claim or benefit for the Licensee, its employees, consultants, or subcontractors which might arise under the Washington State Industrial Insurance laws. iii. All insurance shall be placed with insurance carriers licensed to do business in the state of Washington and with carriers subject to approval by the City. The City reserves the right to receive a certified copy of the required insurance policies and to approve all deductibles. Insurance shall not be reduced or canceled without thirty (30) days’ prior written notice to the City. iv. Upon execution of this agreement, at least two weeks in advance of operation, the Licensee shall provide the City with a certificate of insurance outlining the required coverage’s, limits and additional insured endorsement. Approval of insurance is a condition precedent to approval of this Agreement by the City Risk Manager. v. Licensee shall obtain all other permits and licenses required by law. By executing this document, the City does not warrant whether any other permits or licenses are necessary. 4. Hold Harmless. Licensee shall protect, hold harmless, indemnify, and defend, at its own expense, City of Arlington, its officers, elected and appointed officials, employees and agents, from and against any loss or claim for damages of any nature whatsoever, arising out of this license, including claims by Licensee's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of City of Arlington its officers, elected or appointed officials, employees or agents. 5. Non-discrimination. The Licensee shall comply with the Snohomish County Human Rights Ordinance and federal, state, or local laws against discrimination. 6. Termination. Either party may terminate this Agreement by giving at least ten (10) days’ written notice of termination to the other party, except that the City may, at its election, terminate this Agreement at any time if Licensee fails to comply with any of the provisions of this Agreement. In such event, City may retain any advanced payments. 7. Non-assignment. The Licensee shall not assign any of the rights, duties or obligations covered by this Agreement without the prior express written consent of the City. 8. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington and any lawsuit regarding this Agreement must be brought in Snohomish County, Washington. 9. Severability. Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. 10. Entire Agreement. This Agreement is the complete expression of the terms and conditions hereunder. Any oral or written representations or understandings not incorporated herein are specifically excluded. CITY LICENSEE City of Arlington Arlington Community Foodbank By: By: Mayor Director Date Signed: _________________ Date Signed: _________________ SCHEDULE A: Dates and times of operation: The City retains the right to use the concession area at Haller Park on July 4 for the annual events and will work with the licensee on the details. Season operating schedule would be as follows: Open July 1, 2021 to Labor Day (weather and need dependent) Hours 12:00 pm to 6:00 pm, seven days a week (weather dependent) and we would evaluate need beyond that. Products: Snacks and refreshments: cold drinks, ice cream, pizza, hot dogs, candy bars, snacks, sunscreen 19118 63RD AVE NE ARLINGTON, WA 98223 360.435.1631 Haller Park/Splash Pad Concession Stand Proposal With the projected opening of the Splash Pad on July 1st 2021, we are excited to have another season down at the splash pad, especially after being shut down last year. As the previous owner and operator of Stilly Snack Shack, we’ve decided to donate the whole operation (over $15,000 in hardware and supplies) to the Arlington Community Food Bank. This will allow 100% of the profits from the concession stand to funnel right back into the food bank. It will also allow the food bank to reach additional clients and promote our mission throughout the community. The Simpson family is making this donation in honor of Julie Simpson, who passed away in 2019. In honor of Julie, we would like to get approval from the City to install a bronze plaque at the concession stand, memorializing Julie’s love for children and her generous spirit. Being the current Board President of the food bank, I will be able to assist with a smooth transition from my ownership to the food banks. We plan to provide the following items: -Cold Drinks -Ice Cream -Pizza/Hot Dogs -Candy Bars/Snacks -Sunscreen This will be our second season with the concession stand open and we plan to use the experience from the first year to continually improve operations. We know staffing needs, what products are best sellers, and how we can best serve the customers. Pricing would be consistent with other similar concession operations. A few key elements of the contract agreement would be as follows: • Rental fees - $1 lease from the City to the Food Bank. Similar to other properties the Food Bank leases from the City. • We will provide signage, all necessary hardware for sales and operation, as well as all applicable licensing and insurance. • Season operating schedule would be as follows: o Open July 1st to Labor Day. o Based on customer demand from 2019, we will operate from 12pm – 6pm, and will extend hours if needed. The Stilly Snack Shack has been a great addition to the splash pad, offering snacks and refreshments for families in a very busy environment. Having the Food Bank as operator will serve many purposes, from community outreach to a new stream of revenue that goes straight back to serving the community. We look forward to your response. Regards, Mike Simpson Board President Arlington Community Food Bank City of Arlington Council Agenda Bill Item: WS #3 Attachment E COUNCIL MEETING DATE: June 14, 2021 SUBJECT: 40th/ SR-531 Intersection Right of Way (ROW) Property Purchase ATTACHMENTS: ROW Exhibit Map DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $111,327.00 BUDGET CATEGORY: Transportation Improvement Fund / TIB Grant BUDGETED AMOUNT: $1,275,000.00 Overall budget LEGAL REVIEW: DESCRIPTION: Purchase of Right of Way (ROW) and Temporary Construction Easement (TCE) for the 40th Ave / SR-531 Intersection project. HISTORY: The City of Arlington has been engaged in the 40th Ave Intersection project (Project I-13) and is at the point where ROW needs to be purchased for the installation of signals and the installation of bus pull-outs at the NW and SE corners. The City contracted with Universal Field Services for appraisal and procurement of the SE and SW ROW needs, the City contracted directly with property owners for the NW and NE corners. A summary of the ROW costs are below: Property ROW/TCE $ 111,327.00 City of Arlington Council Agenda Bill Item: # Attachment 172nd St and 40th Ave NERight-Of-Way Needs City of Arlington Date: File: Cartographer:Maps and GIS data are distributed “AS-IS” w ithout warranties of any kind, either express or implied, including but not limitedto warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which maycontain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy orcorrectness of the data, or the use of the data presented in the maps. Scale:40thAve_ROW_VIC_8.5x11_21 6/8 /20 21 akc 1 inch = 8 0 fee t NW CornerROW - 1,036 ft²NE CornerROW - 154 ft² SW CornerROW - 467 ft²SE CornerROW - 1,144 ft² 40THAVENE 172ND ST NESR 531 Traffic Signal (proposed)±Legend ROW (needs)Ae rial 2020 City of Arlington Council Agenda Bill Item: WS #4 Attachment F COUNCIL MEETING DATE: June 14, 2021 SUBJECT: Dedication of Real Property for Public Right of Way for the Outpost at Smokey Point ATTACHMENTS: Legal Description with Exhibit Map, Illustrative Map DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360 - 403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Accept dedication of three separate strips of real property for public Right of Way purposes, as described in Exhibit “A”. For the construction of 168th St. NE., 1/2 street improvements for 47th Ave. NE, and frontage improvements on 51st Ave. NE. HISTORY: Dedication of real property for Right of Way purposes related to new development is typically dedicated through the Land Use process pursuant to 20.56.170 AMC. These dedications are a requirement of the Outpost project. ALTERNATIVES: Remand back to staff for additional information. RECOMMENDED MOTION: Workshop; discussion only. At the June 21, 2021 Council meeting, the recommended motion will be, “I move to accept the dedication of real property for public right of way purposes, for the Outpost at Smokey Point project.” City of Arlington Council Agenda Bill Item: WS #5 Attachment GCOUNCIL MEETING DATE: June 14, 2021 SUBJECT: Purpose of Real Property for Public Right of Way ATTACHMENTS: Legal Description with Exhibit Map, Illustrative Map DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 0 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Dedication of a strip of real property from 5J Williams Family LLC., tax Parcel No. 31052800100700, for public right of way purposes, as described in Exhibit “A”. For the construction of 168th St. NE. HISTORY: Dedication of real property for right of way purposes related to new development is typically dedicated through the land use process pursuant to 20.56.170 AMC. ALTERNATIVES: RECOMMENDED MOTION: Workshop; discussion only. At the June 21, 2021 Council meeting, the recommended motion will be, “I move to accept the dedication of the described real property from 5J Williams Family, LLC, for public right of way purposes.” Page 1 of 1 EXHIBIT A City of Arlington Right of Way 5J Williams Family LLC Tax Parcel No. 31052800100700 Legal Description for Right of Way Acquisition The North 35.00 feet of the East 679.24 feet of the North half of the Southwest quarter of the Northeast quarter of Section 28, Township 31 North, Range 5 East of the Willamette Meridian. Containing 22,043 square feet, more or less. FEET 0150 150 PARCEL ADDRESS: 16430 51ST AVE NE ARLINGTON, WA 98223 OWNER: 5J WILLIAMS FAMILY LLC 2417 COLBY AVE EVERETT, WA 98201 S.W. 14 N.E. 14 SECTION 28 , TWP 31 N, RNG 05 E, W.M. Exhibit B CITY OF ARLINGTON PUBLIC WORKS ACQUISITION LEGAL: SEE ATTACHED EXHIBIT A 6/4/2021 R.O.W. ACQUISITION ORIGINAL AREA = 865,990 S.F. ACQUISITION AREA = 22,043 S.F. REMAINDER AREA = 843,947 S.F. PROJECT PARCEL TAX # 31052800100700 LEGEND: City of Arlington Council Agenda Bill Item: WS #6 Attachment H reached out to Ms. Johnson and asked if she would be interested in serving on Planning Commission again, and she responded that she would like to do so. Melissa served on the Planning Commission for a short period of time in 2019, and was quite involved during that time, understands how the Planning Commission functions, and would like to resume her Melissa Johnson NA ✔ 5/14/21 Background: 15 + Years in Corporate / Commercial Real Estate with Master Planning as an emphasis along with multi-site long range planning "Portfolio planning/Strategic planning"; Design & Construction/Fit up, FF&E, Acquisitions, Bottom line P&L, Market Analysis, PR & Marketing, Leading negotiations while comfortably working side by side with CEO’s, Government Leaders, Small Business Owners and Communities. Experience: Please see attached Bio Interest: As a Planning Commissioner it is our duty to uphold the law of fairness and work with the community to bring about a vibrant and growing landscape where communities and company's can thrive collectively together. Melissa Johnson Director, Keller Williams Realty CPRE, LLC 22614 Bothell Everett Hwy. Bothell WA 98201 (Cell) 425.765.3568 | melissaj@kwcommercial.com Melissa Johnson serves as the Director at Keller Williams CPRE, LLC in Bothell, Washington and is the leader running their Commercial Division. Previous positions: Served as the Director, Chief of Staff reporting to the Chief Technology Officer at Century Link. Melissa has also served as the Chief of Staff, Director reporting to several Presidents and the CEO at the Microsoft Corporation leading their Business & Corporate/Commercial Real Estate Divisions Worldwide. Also, a Microsoft Alum & Founders Member who helped build the Microsoft Alumni Network/Foundation and, helped to bring the voice of the Network/Foundation to the public and media. Ms. Johnson’s broad range of experience in Business, Corporate & Commercial Real Estate entail. • Business Management - Helping owners see their business from a different l ens by restructuring and guiding them through the basics of how to achieve greater Revenue/Fiscal responsibility. • Corporate & Commercial Real Estate - Master Planning with an emphasis and time on multi-site long range planning "Portfolio planning/Strategic planning"; Design & Construction/Fit up, FF&E, Acquisitions, Bottom line P&L, Market Analysis, PR & Marketing, Leading all Negotiations while comfortably working directly with CEO’s, key Executives and their staff PLUS; Melissa also consults pro bono, all spanning over 14 years. One of Melissa’s notable achievements: Awarded the RFP from the City of Arlington Washington to sell some of their surplus properties. • Ms. Johnson works closely with City leaders to help keep the integrity of the Arlington landscape when brining developers and buyers onboard to purchase properties, AND why she has reached out to top business leaders, developers and introduced them to the Mayor and her staff whil e discussing how to bring their brand and build in the Arlington area. Ms. Johnson is also working with WSU (Washington State University) & their Extension Center to find and build their next Pilot Project called the “WELLNESS HUB” • This pilot project would serve as a model for both application to other WSU Extension Centers throughout the State, to other Senior housing providers and senior centers not just those located in Snohomish County. The proposed WELLNESS HUB Pilot project would deliver an affordable wellness program to 300 selected County seniors enabling Increased participation to take a more pro -active role managing their health and wellness CREW (COMMERCIAL REAL ESTATE WOMEN) NATIONAL ORGANIZATION Member, 2018 to present WASHINGTON ASSOCIATION OF REALTORS ® Member, 2009 to present NATIONAL ASSOCIATION OF REALTORS ® Member, 2009 to present Melissa Johnson Director, Keller Williams Realty CPRE, LLC 22614 Bothell Everett Hwy. Bothell WA 98201 (Cell) 425.765.3568 | melissaj@kwcommercial.com REFERENCES: Arlington Mayor, Barb Tolbert & Dr. Chrys Sweeting; Superintendent of Arlington Public Schools AWARD WINNING REAL ESTATE LEADER AS SEEN IN SEATTLE MAGAZINE 2012 to present 2009 – 2018 V-GAL (Guardian Ad Litem) • Appointed by the Snohomish County Court to represent the best interests of a child (the voice for the child) • Advocacy & Diplomatic Relations Award, from the Superior Court of Washington 2009 -2017. 2010 – 2017 Collective Changes - Former Board of Advisors • Global effort that diversified the field of mentoring and innovation. Empowering women to come together on a level playing field to help them grow businesses and provide jobs that impact globa l economic security. With cutting edge software and e-learning techniques including performance analytics and metrics we can capture the efforts and results instantaneously.