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Meeting ID: 845 1755 2610
Passcode: 263533
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
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Jesica Stickles
1.Minutes of the July 20 and July 27, 2020 Council meetings ATTACHMENT A
2.Accounts Payable:
EFT Payments and Cla ims Checks #100256 through #100345
dated July 21, 2020 through August 3, 2020 for $459,782.48.
3. Memorandum of Understanding with Washington Military Dept.ATTACHMENT B
4.Ordinance establishing LEOFF 1 Disability Board ATTACHMENT C
5. Resolution authorizing temporary payment of LEOFF 1 medical claims ATTACHMENT D
PUBLIC HEARING
NEW BUSINESS
1. Public Outreach consultant for Regional Fire Authority ATTACHMENT E
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jesica Stickles
Arlington City Council Meeting
Monday, August 3, 2020 at 7:00 pm
City Council Chambers – 110 E Third Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
2. Ordinance adopting Chapter 12.50 of the Arlington Municipal Code ATTACHMENT F
relating to temporary right of way use permits
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
3. Ordinance amending Chapter 12.24 of the Arlington Municipal Code ATTACHMENT G
and revisions to the City’s fee resolution
Staff Presentation: Marc Hayes
Council Liaison: Mayor Pro Tem Jesica Stickles
4. Right of Way purchase for 204th St NE / 77th Ave NE ATTACHMENT H
Staff Presentation: Jim Kelly
Council Liaison: Jan Schuette
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert
DRAFT
Page 1 of 4
Council Chambers 110 East Third Street July 20, 2020
Councilmembers Present: Mike Hopson, Michele Blythe, Jan Schuette, Marilyn Oertle, Jesica Stickles, Debora Nelson, and Don Vanney.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Tony Orr, Marc Hayes, Jim Kelly, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Diane Kamionka, joining remotely; 15 YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Diane Kamionka, Executive Director, NW Innovation Resource Center provided an update on the Lab@Arlington.
PROCLAMATIONS None.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the July 6 and July 13, 2020 Council meetings2. Accounts Payable:Approval of EFT Payments and Claims Checks #100096 through #100255dated July 7, 2020 through July 20, 2020 for $858,325.98; andApproval of Payroll EFT Payments and Checks #29553 through #29559dated June 1, 2020 through June 30, 2020 for $1,442,472.05.3. Interlocal Agreement with Washington School Information Processing Cooperative4. Resolution Authorizing a Customer Support Program
Minutes of the Arlington
City Council Zoom Meeting
Minutes of the City of Arlington City Council Meeting July 20, 2020
Page 2 of 4
5. Ordinance Updating Arlington Municipal Code regarding the Airport Commission 6. Amendment to Process Solutions Contract
PUBLIC HEARING None.
NEW BUSINESS
Ordinance Supporting House Bill 1406 Authorizing Funding for Affordable Housing City Administrator Paul Ellis requested Council approve the ordinance implementing local sales and use tax to support affordable housing. Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion to approve the ordinance authorizing the implementation of local sales and use tax to support affordable housing, and authorized the Mayor to sign it. The motion passed unanimously.
Business Rent Relief Grant Program Finance Director Kristin Garcia requested Council approve Round Two of Business Rent Relief Grants for the Business Rent Relief Grant Program. Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion to approve an award of $97,848 in business rent relief grants, as presented on the grant application summary. The motion passed unanimously.
Dedication of Right of Way for 169th St. NE Community and Economic Development Director Marc Hayes requested Council accept the dedication of fully constructed real property known as 169th Street NE for the purpose of right of way.
Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to accept the dedication of the described real properties as right of way to be known as 169th Street NE. The motion passed unanimously.
Land Lease Agreement with Kostar, LLC for Temporary Well Drilling Site Public Works Director Jim Kelly requested Council approve a land lease agreement with Kostar, LLC for a temporary well drilling site.
Councilmember Debora Nelson moved and Councilmember Jesica Stickles seconded the motion to approve the temporary land lease agreement, and authorized the Mayor to sign the agreement, pending final review by the City Attorney. The motion passed unanimously.
Right of Way Purchase for 204th St NE / 77th Ave NE Public Works Director Jim Kelly requested Council approve the acceptance of Fee Simple Purchases for the noted properties as part of the 204th/77th Roundabout project, and authorized appropriate payments for the same.
Minutes of the City of Arlington City Council Meeting July 20, 2020
Page 3 of 4
Councilmember Jan Schuette moved and Councilmember Debora Nelson seconded the motion to approve the 204th/77th Roundabout Right of Way purchase agreements and real estate transactions negotiated by the City of Arlington and the consultant, Universal Field Services, for the Skagit State Bank and Botch Holdings, and authorized the Mayor to sign, pending final review by the City Attorney. The motion passed unanimously.
Design Contract for Smokey Point Blvd Corridor Public Works Director Jim Kelly and Community & Economic Development Director Marc Hayes requested Council approve the contract with Perteet, Inc. for Planning, Design, and Preliminary Right of way Services for the Smokey Point Boulevard Corridor Project. Councilmember Jan Schuette moved and Councilmember Debora Nelson seconded the motion to approve the selection of Perteet, Inc. for Planning, Design, and Preliminary Right of Way Services for the Smokey Point Blvd Corridor project, and authorized the Mayor to sign the agreement, pending final approval by the City Attorney. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette stated that at the Community Transit Finance Meeting it was announced that five social workers rode buses to engage with homeless individuals and provide them with resources. Councilmember Michele Blythe stated that the Governor’s information today was very helpful imploring all leadership and businesses to set an example and do their part by wearing masks and washing hands, due to an increase in COVID-19 cases. Councilmember Mike Hopson requested that an agenda item be added to next week’s workshop, titled Citizens Police Policy Review Board. The Mayor called for comments from the Council. Discussion followed with Councilmembers Michele Blythe, Debora Nelson, Marilyn Oertle, Jan Schuette, and Jesica Stickles, stating they did not want this item on the agenda. Mayor Tolbert indicated that the majority of Councilmembers voted no, so the item would not be on next Monday’s workshop agenda. She believes Chief Ventura really knows how to lead the police department. The Mayor indicated she would like to know if the Chief needs more tools from Council to do his job. Other cities let police chiefs put together a citizens’ committee. After the Council’s summer break, she would like to see if Chief Ventura would like to form a committee to hear directly from the community. Councilmember Mike Hopson made additional comments regarding his support of putting the item on the agenda.
ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis indicated that the Budget Retreat is scheduled for the afternoon of July 30. It has been rescheduled more than once in hopes of an in person meeting. The retreat will be in a Zoom format.
Minutes of the City of Arlington City Council Meeting July 20, 2020
Page 4 of 4
MAYOR’S REPORT Mayor Tolbert stated that she, City Administrator Paul Ellis, Public Works Director Jim Kelly, and Congressman Rick Larsen toured four potential federal funded transportation projects in the City of Arlington totaling approximately $13 million dollars with hope that there will be movement with infrastructure now that the Senate is back in session. She will be emailing Council the one sheet and map of those projects tomorrow.
EXECUTIVE SESSION
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:44 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 4
Council Chambers 110 East Third Street July 27, 2020
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Jesica Stickles and Michele Blythe.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Tony Orr, James Trefry, Dave Ryan, Marc Hayes, Jim Kelly, Kristin Garcia, Dave Kraski, City Attorney Steve Peiffle, and Ashleigh Scott.
Also Known to be Present: Twenty–Six (26) YouTube Viewers, Josh Wills, David Toyer, Thane Smith and Patrick McCourt.
Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor Tolbert introduced the NorthPoint Development Team, Josh Wills, Thane Smith and David Toyer, who provided an overview of the NorthPoint Cascade Industrial Center – the first developer to be working multi-jurisdictional with Marysville and Arlington.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Memorandum of Understanding with Washington Military Department Airport Director Dave Ryan reviewed a Memorandum of Understanding (MOU) between the City of Arlington and the Washington Military Department regarding the use of the airport as a staging area in the event of a natural disaster or another catastrophic event. Discussion followed with My Ryan answering Council questions.
Personal Services Agreement with Liz Loomis Public Affairs City Administrator Paul Ellis reviewed the Personal Services Agreement (PSA) with Liz Loomis Public Affairs. Staff support for the annexation committee issued a Request for Proposal (RFP) for Public Affair Services for the proposed annexation. Two proposals were received. Both were evaluated with scoring criteria within the RFP and interviewed by staff. Liz Loomis Public Affairs was selected as the firm to assist the committee with public education.
Minutes of the Arlington
City Council Zoom Workshop
Minutes of the City of Arlington City Council Workshop July 27, 2020
Page 2 of 4
A committee has been formed between the City of Arlington and North County Regional Fire Authority to study the feasibility of Arlington’s annexation into the Fire Authority. The committee includes two Arlington City Councilmembers, two Fire Authority commissioners, with a facilitator and staff support. The committee began meeting January of 2020, and reports back to the full governing body with regular updates on progress. The consideration of annexation is expected to be brought before voters at the February 2021 election. Discussion followed with Mr. Ellis answering Council questions.
Ordinance Establishing LEOFF 1 Disability Board Administrative Services Director James Trefry reviewed an Ordinance to establish a new City LEOFF Disability Board. With the official April 2020 population estimate from the Office of Financial Management released in late June of 2020, putting Arlington’s official estimate population at 20,600, the City is required by RCW 41.26.110 to establish its own Law Enforcement Officers and Fire Fighters Disability Board with jurisdiction over the City’s Law Enforcement Officers’ and Fire Fighters’ retirement system Plan 1 members, who are defined by the Department of Retirement Systems as employees who became members of the plan prior to October 1, 1977. The Snohomish County LEOFF Disability Board had been the body to approve such claims for reimbursement prior to July 1, 2020 when the City officially surpassed the 20,000 population threshold requiring it to establish its own Disability Board. There are currently budgeted amounts to pay insurance premiums for LEOFF 1 retirees to offset expenses as well as a separate budget item for reimbursement of qualifying expenses, and as such, there is no expected budget impact for 2020. Council had no questions.
Resolution Authorizing Temporary Payment of LEOFF 1 Medical Claims Administrative Services Director James Trefry reviewed a Resolution of the City of Arlington authorizing payment of reimbursement claims of LEOFF Plan 1 Retirees until such time as the City’s new LEOFF Disability Board is established. With the official April 2020 population estimate from the Office of Financial management (released June 29, 2020) putting Arlington’s official estimated population at 20,600, the City is required by RCW 41.26.110 to establish its own Law Enforcement Officers and Fire Fighters Disability Board (hereinafter Disability Board) with jurisdiction over the City's Law Enforcement Officers' and Fire Fighters' retirement system "Plan 1" members, who are defined by the Department of Retirement Systems as employees who became members of the plan prior to October 1, 1977 (hereafter LEOFF 1 members). The County LEOFF Disability Board had been the body to approve such claims for reimbursement prior to July 1, 2020. A proposed ordinance has been drafted for presentation to the City Council amending the Arlington Municipal Code to establish the required Disability Board, however, it will be several weeks or months before appointments and adoption of policies to review and approve ongoing claims of retired LEOFF Plan 1 members. This resolution provides a temporary mechanism to continue ongoing payment of reimbursement claims, still ultimately subject to review and approval of the to be established Disability Board to avoid
Minutes of the City of Arlington City Council Workshop July 27, 2020
Page 3 of 4
financial hardship that could result from a delay in claims reimbursement. Discussion followed with Mr. Trefry answering Council questions.
Ordinance Adopting Chapter 12.50 of the Arlington Municipal Code Relating to
Temporary Right of Way Use Permits Community and Economic Development Director Marc Hayes reviewed an Ordinance of the City of Arlington that would adopt Chapter 12.50 for temporary right-of-way use permits, non-construction, to Title 12 of the Arlington Municipal Code. The proposed AMC Chapter 12.50 will allow for the permitting of uses within the public right of way that are not construction related. This is to address requests from merchants or organizations to allow the use of the public way for private use on a temporary basis. A fee for the right of way use will be established, per square foot, in the City’s annual fee schedule. There has been an ongoing need to address certain uses within the right of way, specifically sidewalks, for private use by business owners wishing to display merchandise or have areas established for outdoor seating and/or dining. This need has become even more prevalent during the current pandemic where businesses cannot provide safe “social distancing” for their customers within their place of business. This new chapter allows for the application, review, inspection, and permitting processes to occur, ensuring that such uses are conducted in a safe, efficient manner that does not interfere with the pedestrian or vehicular uses within the public rights of way. Discussion followed with Mr. Hayes answering Council questions.
Ordinance Amending Chapter 12.24 of the Arlington Municipal Code and Revisions to
the City’s Fee Resolution Community and Economic Development Director Marc Hayes reviewed an Ordinance Amendment to Chapter 12.24, Obstruction of Sidewalks and Rights of Way, and Revised Fee Schedule to reflect the permitting process for Right of Way Permits within the new proposed Chapter 12.50. Amending the existing Chapter 12.24 AMC – Obstructions of Sidewalks and Rights of Way, reflects the provisions within the proposed new Chapter 12.50. It allows permitted uses within the public Right of Way in relation to sidewalk seating, dining and merchandise display. Revisions to the Fee Schedule were also required to address permitting, lease rates and appeals processes. This is in conjunction with the newly created chapter 12.50 AMC which provides a process to allow for the private use of public right of way on a temporary basis. Council had no questions.
204th/77th Roundabout Right of Way (ROW) Property Purchase Public Works Director Jim Kelly reviewed the Right of Way property purchase for 204th St. NE and 77th Ave. NE. Council was asked to approve the acceptance of a Fee Simple Purchase for the noted property as part of the 204th/77th Roundabout project, and authorize payment for the same. The installation of the 204th/77th Roundabout requires procurement of Right of Way (ROW) and temporary construction easements (TCE) from six abutting parcel owners.
Minutes of the City of Arlington City Council Workshop July 27, 2020
Page 4 of 4
Agreements have been finalized with three of the property owners in accordance with WSDOT ROW procurement policies. Property: Arlington Retail Center (Kafe Neo, Subway, Etc.) Owner: KeyTrust Company Amount: $56,650.00 Total ROW Acquisition to Date: $131,773.00 ROW Project Budget: $310,948.00 Remaining Budget: $179,175.00 Discussion followed with Mr. Kelly answering Council questions.
June 2020 Financial Report Finance Director Kristin Garcia reviewed the June 2020 Financial Report. Discussion followed with Mrs. Garcia answering Council questions.
ADMINISTRATOR AND STAFF REPORTS Reminder of the Zoom Council Budget Retreat on Thursday, July 30, 2020.
MAYOR’S REPORT The PSRC Executive Board meeting last week viewed a presentation based on the FAA Air Capacity Study for the Region.
COMMENTS FROM COUNCILMEMBERS None.
COUNCILMEMBER REPORTS Councilmembers Jesica Stickles and Don Vanney provided brief updates, while Councilmembers Debora Nelson, Michele Blythe, Marilyn Oertle, Mike Hopson and Jan Schuette had nothing to report this evening.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING City Council discussed and agreed to place Item No. 1, 3 and 4 on the Consent Agenda for the August 3, 2020 Council meeting.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:11 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: CA #3 Attachment B
Staging Area Use Page 1 of 5 City of Arlington, UXX-XXX
Military Department #UXX-XXX
MEMORANDUM OF UNDERSTANDING
STAGING AREA USE
Washington Military Department AND Owner: City of Arlington
Emergency Management Division Address: 18204 59th Dr NE
Building #20, M.S. TA-20 City, State, Zip: Arlington Municipal Airport
(AWO), Arlington, WA 98223-8701
Camp Murray, WA 98430-5122
(253) 666-2757; FAX: (253) 512-7207 (360) 403-3474 FAX: (360) 435-1012
Contact Person: Mark Douglas Contact Person: David Ryan
E-mail : mark.douglas@mil.wa.gov E-mail : dryan@arlingtonwa.gov
Beginning Date: Upon Execution Expiration Date: 31 July 2025
I. PURPOSE
A. This Memorandum of Understanding (MOU) is made and entered into by and
between the State of Washington, through the Washington State Military
Department, Emergency Management Division (hereinafter referred to as the
“Department”), and the City of Arlington, a political subdivision of the State of
Washington (hereinafter referred to as “Owner”), owner of the property described in
Exhibit A attached to this MOU (hereinafter referred to as the “Property”). The
Department desires to obtain permission from the Owner to use the Property as
necessary for a State Staging Area for emergency or disaster preparation, response
and recovery activities as described herein.
B. An emergency or disaster often results in a significant response of personnel and
equipment. Staging Areas are needed for receiving, staging, repackaging and
distributing lifesaving and life sustaining commodities, including but not limited to,
water, food, ice and generators, in response to resource shortages. Large quantities
of resources may be brought into the state or relocated within a geographic region
within the state to satisfy these needs. Past disasters throughout the United States
have proven that pre-planned staging areas contribute to the efficient receipt,
sorting, storage, and distribution of resources until normal distribution channels are
restored. Past practice has also demonstrated that preparation contributes to
effective response and recovery activities.
C. In consideration of the mutual covenants and promises contained below, the
sufficiency of which is acknowledged, the Owner and the Department agree to the
terms contained herein.
II. AUTHORITY
The Department has authority to enter into this MOU pursuant to RCW 38.52.005, RCW
38.52.020, RCW 38.52.030 and RCW 38.52.050. The Owner has authority to enter into this
MOU pursuant to RCW 14.08.120, and RCW 38.52.020.
Staging Area Use Page 2 of 5 City of Arlington, UXX-XXX
III. OBLIGATIONS OF THE OWNER
A. The Owner agrees to allow the Department to use the Property as a Staging Area for
emergency or disaster preparation, response and recovery activities as described
herein; provided, however, that use of the Property after receipt of the Department’s
notification of intent to activate the Property as a Staging Area is subject to the
following:
1. The parties reach agreement regarding the extent of the intended use of the
Property, as described in Exhibit A and attached hereto, and the terms for
payment by the Department of reasonable costs for use of the Property, if any,
as described in Exhibit B and attached hereto; and
2. The Owner may elect to refuse the Department access to the Property for use as
a Staging Area due to unavailability, damage, conflict with commercial interest,
or any other condition that renders the site unsuitable for Staging Area
operations. Any such denial of access will not operate to terminate this MOU or
otherwise apply to future notifications of intent to activate the Property as a
Staging Area.
B. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will ensure that the Department has access to the Property
twenty-four (24) hours per day, seven (7) days per week during the period of that
activation. The Owner will supply the Department with two (2) copies of all pertinent
keys to the Property, and all pertinent access security codes.
C. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will ensure that the Property is in good repair and all utilities
are in good working order.
D. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, and if the parties have identified costs for use of the Property in
attached Exhibit B, the Owner will submit monthly signed, approved invoice vouchers
(state form A-19) that identify and document the charges billed in accordance with
Exhibit B. These invoices should be submitted to Washington Military Department,
Attention: Accounts Payable at Building 1, Camp Murray, WA 98430. A-19 forms
will be available from the State Staging Area Manager on site and should include
reference to this MOU by number.
E. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will allow the Department to erect temporary facilities,
utilities, telecommunications lines, security measures, make reasonable alterations
as needed and other temporary measures necessary to operate the Staging Area, at
the Department’s expense.
F. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will cooperate with the Department’s reasonable efforts
during de-activation to repair and/or restore the Property to substantially the same
condition as it existed at the time of initial occupancy, at the Department’s expense,
reasonable wear and tear excepted. If the Owner is dissatisfied with the
Department’s efforts, the Owner may submit a written request for repairs to the
Washington Military Department, State EOC Logistics Section, Building 20, MS: TA-
20, Camp Murray, WA 98430-5122. If the Owner is dissatisfied with the response of
the Department, the Owner may file a claim for damages with the W ashington State
Office of Financial Management pursuant to applicable state law.
G. In the event the Owner sells or lists the Property for sale, the Owner agrees to notify
the Department immediately.
Staging Area Use Page 3 of 5 City of Arlington, UXX-XXX
IV. OBLIGATIONS OF THE DEPARTMENT
A. If the Department desires to activate the Property as a Staging Area for purposes of
emergency or disaster preparation, response or recovery, the Department will notify
the Owner as soon as practicable.
B. The Department’s notification of intent to activate the Property as a Staging Area
shall be in writing, unless impracticable, in which case the Department will provide
oral notice with subsequent written confirmation of notice. The parties understand
that while notification may be provided over seventy-two (72) hours prior to desired
use, due to exigent need for the Property, such notice may also be provided less
than twenty-four (24 hours) prior to desired use. The notice will include a projected
timeline for use of the Property, including a requested start date and hour.
C. After the Department’s notification of intent to activate the Property for use as a
Staging Area, the parties will use their best efforts to reach agreement regarding the
extent of the intended use of the Property and the terms for payment by the
Department of reasonable costs for use of the Property, if any. Such terms will be
described in Exhibit B and attached hereto.
D. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, and if the parties have identified costs for use of the Property in
attached Exhibit B, the Department will reimburse the Owner within thirty (30) days of
receipt of signed, dated, and approved invoice vouchers (state form A-19), based
upon adequate documentation of costs, as applicable and in accordance with Exhibit
B.
E. It is anticipated that the Department’s use of the Property as a Staging Area will
normally be for a period not to exceed 365 days from the Department’s entry on to
the Property.
F. The Department will provide Owner written notice of its intent to vacate the Property
at least seven (7) days in advance.
G. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Department will make reasonable efforts during de-activation to
repair and/or restore the Property to substantially the same condition as it existed at
the time of initial occupancy, at the Department’s expense, reasonable wear and tear
excepted. The Owner and Department will cooperate in these efforts. If the Owner
is dissatisfied with the Department’s efforts and submits a written request for repairs
to the Department in accordance with Section III(F), the Department will review and
make a good faith attempt to resolve any such request.
H. The Department will assume financial responsibility for cost of operations, including
building utilities and sanitation required for the Staging Area.
I. The Department will be responsible for the cost of installation, maintenance, and
removal of telecommunication equipment and lines installed for use and in support of
the Staging Area.
J. The Department will be responsible for providing security for the resources,
personnel, and facilities in the Staging Area as necessary; which may include
erecting temporary fencing.
K. The Department retains ownership of all equipment brought by the Department to
the Staging Area for operations.
Staging Area Use Page 4 of 5 City of Arlington, UXX-XXX
V. POINTS OF CONTACT
A. Owner’s Point of Contact:
Name: Paul Ellis
Title: City Administrator
Address: 238 N. Olympic Ave
City, State, Zip: Arlington, WA 98223
Phone 360.403.3607
Cell Phone 425.754.8939
Fax
E-mail: pellis@arlingtonwa.gov
B. Owner’s 24-Hour Property Point of Contact (if different than above):
Name: Dave Kraski
Title: Fire Chief
Address: 6231 188th St NE
City, State, Zip: Arlington, WA 98223-8706
Phone 360.403.3607
Cell Phone 425.754.0806
Fax
E-mail: dkraski@arlingtonwa.gov
C. Department’s Point of Contact:
Mark Douglas
Emergency Logistics Supervisor
Washington State Emergency Management Division
Building 20, MS: TA-20
Camp Murray, WA 98430-5122
Toll free: (800) 562-6108
Desk: (253) 512-7097
Cell: (253) 666-2757
FAX: (253) 512-7200
E-mail: mark.douglas@mil.wa.gov
VI. EFFECTIVE DATE, DURATION AND MODIFICATION
A. The period of performance of this MOU shall commence as of the final dated
signature of the parties to this MOU and end on July 31, 2025, approximately sixty
(60) months from that start date. This MOU may be extended at any time by mutual
written consent of both parties.
B. This MOU may be amended at any time by mutual written amendment to this MOU.
No alteration or variation of the terms of this MOU shall be valid unless made in
writing and signed by the parties hereto, and any oral understanding or agreements
not incorporated herein shall not be binding.
Staging Area Use Page 5 of 5 City of Arlington, UXX-XXX
VII. TERMINATION
A. Termination for Convenience. Either party may terminate this MOU by giving no less
than thirty (30) calendar days’ written notice to the other party.
B. Termination for Cause. Either party may terminate this MOU for cause if the other
party fails to comply with any of the terms and conditions of this MOU in a timely and
acceptable manner, including failure to comply with all federal, state, and local health
and safety laws and regulations. The terminating party shall notify the other party in
writing of the need to take corrective action. If the default or violation is not corrected
after ten (10) days or within a reasonable timeframe as determined by the
terminating party, the MOU shall be deemed terminated. The terminating party
reserves the right to suspend all or part of the MOU during investigation of the
alleged compliance breach and pending corrective action by the terminating party or
a decision by the terminating party to terminate the MOU. The rights and remedies
of the parties provided for in this clause shall not be exclusive and are in addition to
any other rights and remedies provided by law.
C. In the event this MOU is terminated, the Department will be given reasonable time
and access to the Property to remove any equipment, cache, supplies or
improvements.
VIII. LEGAL RELATIONS
To the fullest extent permitted by law, each party to this Agreement shall be responsible for
injury to persons or damage to property resulting from negligent acts or omissions on the
part of itself, its employees, agents or officers. Each party shall defend, protect, and hold
harmless the other party from and against all claims, actions, costs, damages, or expenses
of any nature arising out of or incident to that party's negligent performance or failure to
perform this agreement. Neither party assumes any responsibility to the other party for the
consequences of any act or omission of any third party.
IN WITNESS HEREOF, the parties hereto have executed this Memorandum of Understanding the
________ day of __________, 2020.
By: _______________________________________ _________
Barbara Tolbert Date
Mayor
City of Arlington
By: ________________________________________ _________
Regan Hesse Date
Chief Financial Officer
Washington Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz (signature on file)
Assistant Attorney General
State Staging Area Page 1 of 2 City of Arlington, UXX-XXX
Exhibit A
Site Details
Event:
MOU Number: Date:
Site Owner:
Address:
Beginning Date: Estimated Ending Date:
Narrative Description of Area to be Used
equipment, HLZ, or parking/staging
HLZ, or parking/staging
equipment, HLZ, or parking/staging
State Staging Area Page 2 of 2 City of Arlington, UXX-XXX
Exhibit B
Cost for Site Use as State Staging Area
Event:
MOU Number: Date:
Site Owner:
Address:
Beginning Date: Estimated Ending Date:
A. Utility Costs (Initial appropriate box(es)):
Utility costs, if any, are included in the Cost per Square Foot listed below.
X The following utility costs will be billed for reimbursement by the Department
Sewage Water Electric Gas Garbage Phone
B. Building Costs, If Any:
To update totals, right click and select “update field”
0 Current Rate $ 0.00
0 $0.00 $ 0.00
0 $0.00 $ 0.00
Total Building Costs $ 0.00 Right click and select “Update Field” to calculate
C. Ramp Space Costs:
Location Square Feet Cost per Sq Ft Total To update totals, right click and select “update field”
0 Current Rate $ 0.00
0 $0.00 $ 0.00
0 $0.00 $ 0.00
Total Open Space Costs $ 0.00 Right click and select “Update Field” to calculate
D. Cost of Equipment Available for Use, If Any:
Type of Equipment Cost Please calculate equipment costs for the entire estimated operation
i d $0.00
$0.00
$0.00
$0.00
Total Equipment Costs $ 0.00 Right click and select “Update Field” to calculate
E. Other Costs (Explain in Remarks): $0.00 Right click and select “Update Field” to calculate
Grand Total $ 0.00 Right click and select “Update
Field” to calculate
Remarks
Accepted By (Owner): Signature:
Title: Date:
Accepted By (Department): Signature:
Title: Date:
The Owner of the Property certifies that the totals for each category are correct and complete for use of the site by the Department as a Staging Area. Any additional costs
shall be documented and submitted as a claim to be considered for reimbursement.
SIGNATURE AUTHORIZATION FORM
WASHINGTON STATE MILITARY DEPARTMENT
Camp Murray, Washington 98430-5122
Please read instructions on reverse side before completing this form.
June 30, 2020
State Staging Area (SSA) Memorandum of Understanding (MOU)
U-14-008
1. AUTHORIZING AUTHORITY
2. AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS
Barbara Tolbert Mayor
3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT
Paul Ellis City Administrator
Kristin Garcia Finance Director
\\NAC-1\VOL1\HOME\KARENB\….\WP\SIGNAUTH Revised 3/03
INSTRUCTIONS FOR SIGNATURE AUTHORIZATION FORM
This form identifies the persons who have the authority to sign contracts, amendments,
and requests for reimbursement. It is required for the management of your contract with
the Military Department (MD). Please complete all sections. One copy with original
signatures is to be sent to MD with the signed contract, and the other should be kept with
your copy of the contract.
When a request for reimbursement is received, the signature is checked to verify that it
matches the signature on file. The payment can be delayed if the request is
presented without the proper signature. It is important that the signatures in MD's files
are current. Changes in staffing or responsibilities will require a new signature
authorization form.
1. Authorizing Authority. Generally, the person(s) signing in this box heads
the governing body of the organization, such as the board chair or mayor. In
some cases, the chief executive officer may have been delegated this
authority.
2. Authorized to Sign Contracts/Contract Amendments. The person(s) with
this authority should sign in this space. Usually, it is the county
commissioner, mayor, executive director, city clerk, etc.
3. Authorized to Sign Requests for Reimbursement. Often the executive
director, city clerk, treasurer, or administrative assistant have this authority.
It is advisable to have more than one person authorized to sign
reimbursement requests. This will help prevent delays in processing a
request if one person is temporarily unavailable.
If you have any questions regarding this form or to request new forms, please call your
MD Program Manager.
City of Arlington Council Agenda Bill Item: CA #4 Attachment C
41.26.110 to establish its own Law Enforcement Officers and Fire Fighters Disability Board (hereinafter Disability Board) with jurisdiction over the City's Law Enforcement Officers' and Fire Fighters’ retirement
requiring it to establish its own Disability Board.
There are currently budgeted amounts to pay insurance premiums for LEOFF 1 retirees to offset expenses
ORDINANCE NO. 2020--XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON,
ADOPTING ARLINGTON MUNICIPAL CODE CHAPTER 2.50 ENTITLED LEOFF 1 DISABILITY BOARD;
ESTABLISHING A LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS
DISABILITY BOARD PURSUANT TO RCW 41.26.110; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, RCW 41.26.110 requires that each city having a population of twenty thousand
(20,000) or more shall establish its own Law Enforcement Officers and Fire Fighters Disability Board
(hereinafter Disability Board) with jurisdiction over that City's Law Enforcement Officers' and Fire
Fighters ' retirement system "Plan 1" members, who are defined by the Department of Retirement
Systems as employees who became members of the plan prior to October 1, 1977 (hereafter LEOFF
1 members); and
WHEREAS, as of adoption of this Ordinance, the City has surpassed a population of 20,000;
and
WHEREAS, the City has five retired LEOFF 1 members (and no active members) for which
the Disability Board is required under state law.
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. A new Chapter 2.50, entitled LEOFF 1 Disability Board, is hereby adopted and
added to the Arlington Municipal Code as follows:
CHAPTER 2.50
LEOFF 1 DISABILITY BOARD
Sections:
2.50.010
2.50.020
2.50.030
2.50.040
2.50.050
2.50.060
Board Established; Authority.
Membership; Assistance; Term; Vacancies.
Jurisdiction; Duties.
Meetings; Board Rules.
Compensation.
Cessation of Board.
ORDINANCE NO. 2020-XXX 1
2.50.010 Board Established; Authority.
A Law Enforcement Officers and Fire Fighters Plan 1 Disability Board, which may be
referenced to as the Disability Board, is established pursuant to and in accordance with
the requirement s of RCW Chapter 41.26 and RCW 41.26.110.
2.50.020 Membership; Assistance; Term; Vacancies.
A. Membership. The Disability Board shall consist of five persons selected as follows:
1. Two members of the City Council, who shall be appointed by the Mayor.
2. An active or retired City of Arlington firefighter, who shall be elected to their
position. The electors of such members shall be limited to commissioned law
enforcement officers who are employed by or retired from the City and who are
themselves subject to the jurisdiction of the Disability Board. The pool of electable
candidates for membership on the Disability Board shall consist of all
commissioned officers currently employed by or retired from the City.
a. If no eligible regularly employed or retired firefighters are willing or able
to be elected to the board under this subsection, then the following
individuals may be elected to the board under this subsection:
i. Any active or retired firefighters who reside within the jurisdiction
served by the board. This includes active and retired firefighters
under this chapter and chapters 41.18, 41.26, and 52.26 33 RCW;
ii. The widow or widower of a firefighter subject to the jurisdiction
of the board.
3. An active or retired City of Arlington law enforcement officer, who shall be
elected to their position. The electors of such members shall be limited to
commissioned law enforcement officers who are employed by or retired from
the City and who are themselves subject to the jurisdiction of the Disability
Board. The pool of electable candidates for membership on the Disability Board
shall consist of all commissioned officers currently employed by or retired from
the City.
a. If no eligible active or retired members of the police department are
willing or able to be elected to the board under this subsection, then the
following individuals may be elected to the board under this subsection:
i. Any active or retired law enforcement officers who reside within
the jurisdiction served by the board. This includes active and
retired law enforcement officers under this chapter and chapter
41.26 RCW.
ii. The widow or widower of a law enforcement officer subject to the
jurisdiction of the board.
4. One member of the public at-large, who shall be appointed by majority vote of
the other four Disability Board members. The at-large member shall reside within
the City at the time of and for the duration of his/her appointment.
ORDINANCE NO. 2020-XXX 2
B. Assistance. The Mayor shall appoint a current City employee to serve as Secretary of
the Disability Board. The Secretary shall take minutes and maintain the records of the
Disability Board, administer elections required by this section, and provide such other
assistance as may be needed. The City Attorney shall provide legal counsel as may be
needed.
C. Term; Vacancies. Each Disability Board member shall serve a two-year term
commencing with their appointment or election, provided that one police officer
member and one council member of the first slate of members to serve on the Disability
Board shall serve a one-year term to establish a pattern of staggered terms thereafter.
All terms shall expire on the thirty-first day of December of the last year for which the
term is made, provided that members shall remain in office until their successors are
selected and confirmed. Any member who ceases to have the qualifications provided in
this section or required by law shall be deemed to have forfeited his or her office.
Vacancies occurring other than through the expiration of terms shall be filled for the
remainder of the term using the applicable selection method set forth above.
2.50.030 Jurisdiction; Duties.
A. Jurisdiction. The Disability Board shall have jurisdiction over active and retired City of
Arlington law enforcement officers or firefighters who became members of the Law
Enforcement Officers and Fire Fighters retirement system prior to October 1, 1977
(hereafter LEOFF 1 Members).
B. Duties. The Disability Board shall perform and make all functions, powers, and
determinations as required by RCW Chapter 41.26 and WAC Chapters 415- 104 and 415-
105, as now or hereafter amended. Duties shall include, but not be limited to,
authorization of payment for LEOFF 1 Member health benefit claims.
2.50.040 Meetings; Board Rules.
At the first meeting of the Disability Board and at the first meeting of each year thereafter,
the members shall select from among their members a chairperson and such other
officers as may be necessary. Such officers shall serve in that capacity for a one-year term
commencing with the first meeting of the year. The Disability Board shall adopt rules of
procedure suited to their work and as may be specified by state law or the Department
of Retirement Systems, and shall establish and publish a regular public meeting place and
schedule. The presence of three members of the Disability Board shall be required to
constitute a quorum for the transaction of business, provided that members may be
allowed to attend by phone or electronic connection with sufficient prior notice. Any
scheduled meeting may be canceled upon lack of business or quorum.
2.50.050 Compensation.
The members of the Disability Board shall serve without compensation for their service,
but may be reimbursed for travel and other reasonable expenses incidental to such
service, in the amount and method established by the City or as otherwise authorized by
law.
ORDINANCE NO. 2020-XXX 1
2.50.060. Cessation of Board.
At the commencement of the Disability Board, the City had five LEOFF 1 Members, and
the State had closed participation in the State LEOFF I Plan since 1997. It is therefore
expected that the business of the Disability Board will be limited in scope and duration.
In the event the City no longer has any qualifying LEOFF 1 Members, the Disability Board
may be terminated by action of the City Council.
Section 2. The City Clerk is directed to take steps as required to implement and effectuate this
Ordinance. The Clerk is authorized to correct or have corrected scrivener's errors, internal
references, and the like.
Section 3. Effective Date. This ordinance or a summary thereof consisting of the title shall be
published in the official newspaper of the City, and shall take effect and be in full force five (5)
days after publication.
PASSED BY the City Council and APPROVED by the Mayor this 3rd day of August, 2020.
CITY OF ARLINGTON
______________________________
Barbara Tolbert, Mayor
Attest:
______________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
City of Arlington Council Agenda Bill Item: CA #5 Attachment D COUNCIL MEETING DATE: August 3, 2020 SUBJECT: A resolution of the City Council of the City of Arlington authorizing payment of reimbursement claims of LEOFF Plan 1 Retirees until such time as the City’s new LEOFF Disability Board is established. ATTACHMENTS: Resolution DEPARTMENT OF ORIGIN Administration, Human Resources – James Trefry, 360-403-3443 EXPENDITURES REQUESTED: None BUDGET CATEGORY: LEOFF 1 Retiree Medical Reimbursement LEOFF 1 Retiree Medical Insurance BUDGETED AMOUNT: 2020- 517.90.23.11 - $160,000 2020- 517.90.25.01 - $25,000 LEGAL REVIEW: DESCRIPTION: A resolution of the City Council of the City of Arlington authorizing payment of reimbursement claims of LEOFF Plan 1 Retirees until such time as the City’s new LEOFF Disability Board is established. HISTORY: With the official April 2020 population estimate from the Office of Financial management (released June 29, 2020) putting Arlington’s official estimated population at 20,600, the City is required by RCW 41.26.110 to establish its own Law Enforcement Officers and Fire Fighters Disability Board (hereinafter Disability Board) with jurisdiction over the City's Law Enforcement Officers' and Fire Fighters ' retirement system "Plan 1" members, who are defined by the Department of Retirement Systems as employees who became members of the plan prior to October 1, 1977 (hereafter LEOFF 1 members). The County LEOFF Disability Board had been the body to approve such claims for reimbursement prior to July 1, 2020. A proposed ordinance has been drafted for presentation to the City Council amending the Arlington Municipal Code to establish the required Disability Board, however, it will be several weeks or months before appointments and adoption of policies to review and approve ongoing claims of retired LEOFF Plan 1 members. This resolution provides a temporary mechanism to continue ongoing payment of reimbursement claims, still ultimately subject to
I move to approve the Resolution authorizing payment of reimbursement claims, and authorize the Mayor to sign it.
RESOLUTION NO. 2020-XXX 1
RESOLUTION NO. 2020-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON
RELATING TO THE LAW ENFORCEMENT OFFICERS AND
FIRE FIGHTERS RETIREMENT SYSTEM
WHEREAS, RCW 41.26.110 requires that each city having a population of twenty
thousand (20,000) or more shall establish its own Law Enforcement Officers and Fire Fighters
Disability Board (hereinafter Disability Board) with jurisdiction over that City's Law Enforcement
Officers' and Fire Fighters ' retirement system "Plan 1" members, who are defined by the
Department of Retirement Systems as employees who became members of the plan prior to
October 1, 1977 (hereafter LEOFF 1 members); and
WHEREAS, as of adoption of this Resolution, the City has surpassed a population of
20,000 according to Office of Financial Management estimates; and
WHEREAS, the City has five retired LEOFF 1 members (and no active members) for which
a Disability Board is required under state law; and
WHEREAS, the City plans to form a Disability Board and adopt regulations consistent
with the requirements of RCW 41.26.110, but until a Board is formed, its members selected,
and policies for its organization and meetings are adopted, the City’s LEOFF 1 members will
continue to have medical expenses for which the City will be ultimately responsible; and
WHEREAS, the City wishes to enable its staff to pay the reasonable and necessary health
benefit claims of the LEOFF 1 employees prior to the formation of the Disability Board;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON,
AS FOLLOWS:
1. City staff acting under the direction of James Trefry, Administrative Services Director, is
hereby authorized to review and approve continued payment of ongoing
reimbursements to LEOFF 1 retirees if such ongoing claims were already authorized
under the County’s LEOFF 1 Disability Board rules prior to July 1, 2020, and where, in the
opinion of City staff, the recurring payments would likely be approved by the City
Disability Board and the withholding of payment could cause financial hardship.
2. All health benefit claims or reimbursements so paid prior to the formation of the City
LEOFF 1 Disability Board shall be reviewed and ratified by the Disability Board after its
formation and organization.
RESOLUTION NO. 2020-XXX 2
APPROVED by the City Council of the City of Arlington this ______ day of ____________,
2020.
CITY OF ARLINGTON
____________________________________
Mayor Barbara Tolbert
ATTEST:
_________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: NB #1 Attachment E
Arlington City Councilmembers, two Fire Authority commissioners, with a facilitator and staff support. The committee began meeting in January of 2020, and reports back to the full governing body with
City of Arlington Council Agenda Bill Item: NB #2 Attachment F
established for outdoor seating and/or dining. This need has become even more prevalent during the current pandemic where businesses cannot provide safe “social distancing” for their customers within their place of business. This new chapter allows for the application, review, inspection, and
ORDINANCE NO. 2020-XXX 1
ORDINANCE NO. 2020-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADDING CHAPTER 12.50 TO THE ARLINGTON MUNICIPAL CODE RELATING TO
TEMPORARY RIGHT OF WAY USE PERMITS WHERE NO CONSTRUCTION ACTIVITY
WILL OCCUR
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, it may be desirable to permit and authorize the use of portions of the city’s
rights of way where the public will not be unduly inconvenienced and where no construction
activity will occur in the rights of way; and
WHEREAS, the City Council deems this chapter to be an appropriate addition to the
Arlington Municipal Code;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. A new Arlington Municipal Code Chapter 12.50 is hereby adopted, to read
as follows:
Chapter 12.50
TEMPORARY RIGHT-OF-WAY USE PERMITS-NON CONSTRUCTION
Sections:
12.50.010 Purpose and intent—Liability.
12.50.020 Exemptions.
12.50.030 Temporary use of city rights-of-way—Permit.
12.50.040 Special, private use of city property—Permit.
12.50.050 Annual lease charges and rates.
12.50.060 Leasehold tax.
12.50.070 Permit Application.
12.50.080 Permit exclusively for outdoor dining/seating.
12.50.090 Restoration of property.
12.50.100 Suspension, revocation and termination.
12.50.110 Right of entry.
12.50.120 Insurance and Hold Harmless Requirements.
12.50.130 Appeal.
12.50.140 Nonexclusive provisions.
ORDINANCE NO. 2020-XXX 2
12.50.010 Purpose and intent—Liability.
a. The purpose of this chapter is to regulate and authorize the use of the City’s rights
of way where such use will not interfere with public convenience and where there is no
construction of any permanent or temporary structures within the rights of way.
b. It is expressly the purpose of this chapter to provide for and promote the health,
safety and welfare of the general public, and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially
protected or benefited by the terms of this chapter.
c. It is the specific intent of this chapter that no provision nor any term used in this
chapter is intended to impose any duty whatsoever upon the city or any of its officers or
employees, for which the implementation or enforcement of this chapter shall be
discretionary and not mandatory.
d. Nothing contained in this chapter is intended to be nor shall be construed to create
or form the basis for any liability on the part of the city, or its officers, employees or
agents, for any injury or damage resulting from the failure of a permittee to comply with
the provisions of this chapter, or by reason or in consequence of any inspection, notice,
order, certificate, permission or approval authorized or issued or done in connection
with the implementation or enforcement pursuant to this chapter, or by reason of any
action or inaction on the part of the city related in any manner to the implementation or
the enforcement of this chapter by its officers, employees or agents.
12.50.020 Exemptions.
a. The provisions of this chapter shall not apply to the use of a city right-of-way for the
purpose of activities that last no longer than three (3) days in duration, such as privately
sponsored special events, parades, and city sponsored events. For such uses of the
rights of way, the provisions of Arlington Municipal Code chapter 5.44 shall apply.
b. The provisions of this chapter shall not apply to use of the city’s rights of way for
utility, construction or other purposes where construction activity occurs. For such uses
of the rights of way, the provisions of Arlington Municipal Code chapter 12.40 shall
apply.
12.50.030 Temporary use of city rights-of-way—Permit.
Special temporary use of city rights-of-way, including streets, alleys and sidewalks within
the city, where such use is nonexclusive and will not interfere with public convenience
and where there is no construction of any permanent or temporary structures within
the rights of way, may be granted by the Director of the Community/Economic(CED)
Development Department or his or her designee, subject to the terms of this chapter.
12.50.040 Special, private use of city sidewalks—Permit.
No special or private use shall be made of any city right-of-way including, but not limited
to, streets, alleys and sidewalks, by any person, entity or corporation without first
having secured from the CED department the requisite permit and having paid all
applicable permit fees and applicable leasing rates.
ORDINANCE NO. 2020-XXX 3
12.50.050 Annual lease charges.
For all activities requiring a permit under this chapter, the city shall charge an annual
leasing charge. All lease charges or rates for the temporary use of city rights-of-way,
including streets, alleys and sidewalks, shall be established by resolution of the City
Council.
12.50.060 Leasehold excise tax.
In addition to any annual permit fees set forth in the City’s fee resolution, applicants
shall be responsible for paying all leasehold excise tax as may be required by RCW
Chapter 82.29A. Applicants shall pay the same to the city, which shall remit to the State
Department of Revenue the aforesaid leasehold excise tax in accordance with RCW
Chapter 82.29A.
12.50.070 Permit Application.
a. To obtain a right-of-way use permit under the terms of this chapter, the applicant
shall file an application with the Community/Economic Development Department.
b. Every application shall include a dimensioned site plan identifying the location of the
proposed right-of-way use, a description of the use, the planned duration of the use,
applicant contact information, list of materials to be utilized, and all other information
which may be required as specified in procedures adopted hereunder, and shall be
accompanied by payment of all required fees.
c. The director or his or her designee shall examine each application submitted for
review and approval to determine if it complies with the applicable provisions of this
code and procedures adopted hereunder. Permit applications may include joint review
by other departments depending on the type and location of the proposed use. The
director or his or her designee may inspect the right-of-way proposed for use to
determine any facts which may aid in determining whether a permit should be granted.
d. If the director or designee finds that the application conforms to the requirements of
this code and procedures adopted hereunder, that the proposed use of such right-of-
way will not unduly interfere with the rights and safety of the public, and if the
application has not been disapproved by a department with authority, he/she may
approve the permit, and may impose such conditions thereon as are reasonably
necessary to protect the public health, welfare and safety and to mitigate any impacts
resulting from the use.
e. All applications for permits will be submitted, at a minimum, fifteen calendar days or
more before the planned need for the permit. If unforeseen conditions require
expedited processing, the city will attempt to facilitate through expedited review. Any
additional costs to the city for this expedited review may be charged to the applicant
pursuant to the City’s fee resolution.
f. Upon submittal of a completed application, the city shall collect from the applicant an
application fee as listed in the City's fee resolution.
ORDINANCE NO. 2020-XXX 4
12.50.080 Permits exclusively for outdoor dining/seating.
Permit applications that are exclusively for use as outdoor dining or seating, such as
café’s and bistros, shall comply with all provisions identified in Arlington Municipal Code
Chapter 12.24. All such applications shall also require written approval from the
Washington State Liquor and Cannabis Board (WSLCB) and the Snohomish Health
District (SHD). All proposed uses shall also comply with the applicable provisions of the
Americans with Disabilities Act (ADA), 42 United States Code (U.S.C.) § 12101 et seq.
12.50.090 Restoration of property.
In the event a permit for the temporary use of a city right-of-way expires or is
terminated for any reason, the permittee shall remove all property not owned by the
city from the above-described property and shall restore the property to the satisfaction
of the city. Such removal and restoration shall be completed immediately upon
termination of the permit. In the event the applicant shall fail to remove property and
restore the location to the satisfaction of the city as is required, at the option of the city,
the city shall be entitled to remove the property in which case the property removed
shall become the property of the city. Any expense incurred by the city in removing the
property and restoring the location shall be paid by the applicant immediately upon
billing of the costs thereof by the city. This right is in addition to any other right the city
may have at law or in equity.
12.50.100 Suspension, revocation and termination.
a. The CED director or their designee is authorized to suspend or revoke any permit
issued herein whenever the permit is issued in error or on the basis of incorrect
information supplied, or in violation of any ordinance or regulation of the city, or when
the permittee fails to pay the permit fee.
b. Any permit issued hereunder is terminable at the will of the city upon thirty days’
notice to the permittee. In addition, in the event the city does not receive the permit fee
or lease charges within the time period as requested by the city, then the permission for
use of the city’s property shall be automatically withdrawn and all rights thereunder
shall be deemed immediately withdrawn.
c. Should the city terminate the permit prior to the expiration of a time period for
which the permit has been issued, the permittee shall be entitled to a refund of the
lease charges and applicable leasehold excise tax in a pro rata amount covering the
unused period for which the charges were paid except when the permit has been issued
on the basis of incorrect information supplied by the applicant, in which case the same
shall be forfeited. Notwithstanding the foregoing, the city is authorized to retain any
refund and apply it towards the cost of any restoration incurred by the City pursuant to
Section 12.50.090.
ORDINANCE NO. 2020-XXX 5
12.50.110 Right of entry.
The CED director or their designee is authorized to enter at all reasonable times any
property for which a permit authorized herein has been issued for purposes of making
inspections and/or restoring property as defined in Section 12.50.090.
12.50.120 Insurance and Hold Harmless Requirements.
As an express condition of the issuance of any permit under this Chapter, the Permittee
shall be required to defend, indemnify and hold the City, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or in connection with activities or operations
performed by the Permittee or on the Permittee’s behalf out of issuance of this Permit,
except for injuries and damages caused by the sole negligence of the City. The
Permittee shall provide proof of insurance in compliance with the current provisions of
the Washington Cities Insurance Authority (WCIA) Insurance and Indemnity
Requirements for Contracts, Exhibit XI, as now in effect or as subsequently amended,
the terms of which are incorporated herein by reference. Copies of the most current
provisions shall be maintained in the office of the Community/Economic Development
(CED) Department.
12.50.130 Appeal.
Any person whose application for a permit for temporary use of a city right-of-way is
denied or any person who feels aggrieved by the city in the granting or denying or
revocation of a permit shall be entitled to appeal to the city’s land use hearing
examiner. The appeal must be in writing, be accompanied by an appeal fee established
by the City’s fee resolution, and comply with the procedures adopted by the hearing
examiner. Said appeal must be filed with the hearing examiner within ten days of the
date of notification of the denial or grant. The decision of the hearing examiner shall be
final.
12.50.140 Nonexclusive provisions.
Penalty and enforcement provisions provided in this chapter shall not be exclusive, and
the city may pursue any or all remedies or relief deemed appropriate.
Section 2. Severability. If any such provision, section, or part of this ordinance shall
be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be
published in the official newspaper of the City, and shall take effect and be in full force five (5)
days after the date of publication.
ORDINANCE NO. 2020-XXX 6
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 3rd
day of August, 2020.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: NB #3 Attachment G COUNCIL MEETING DATE: August 3, 2020 SUBJECT: Amendment to Chapter 12.24-Obstruction of Sidewalks and Rights of Way, Revised Fee Schedule to reflect permitting process for Right of Way Use Permits, Chapter 12.50 ATTACHMENTS: Ordinance amending Chapter 12.24 AMC, Updated Fee Schedule 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: Amending the existing chapter 12.24 AMC-Obstructions of Sidewalks and Rights of Way to reflect the provisions within the proposed new Chapter 12.50 to allow permitted uses within the public Right of Way related to sidewalk seating, dining and merchandise display. Revisions to the Fee Schedule were also required to address permitting, lease rates and appeals processes. HISTORY: This is in conjunction with the newly created chapter 12.50 AMC which provides a process to allow for the private use of public right of way on a temporary basis.
ALTERNATIVES: Remand back to staff for additional information. RECOMMENDED MOTION: I move to approve the ordinance adopting amendments to Chapter 12.24 of the Arlington Municipal Code, and the revised 2020 Fee Schedule Resolution, and authorize the Mayor to sign them.
ORDINANCE NO. 2020-XXX 1
ORDINANCE NO. 2020-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 12.24 OF THE ARLINGTON
MUNICIPAL CODE REGARDING OBSTRUCTION OF SIDEWALKS AND RIGHTS OF WAY
WHEREAS, the City Council of the City of Arlington is adopting provisions of the
Arlington Municipal Code (AMC) pertaining to authorized uses of the rights of way; and
WHEREAS, these revisions require that certain provisions of AMC Chapter 12.24 also be
updated; and
WHEREAS, the Council deems the adoption of these amendments to be in the best
interests of the City and citizens;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. Arlington Municipal Code Section 12.24.010 shall be and hereby is
amended to read as follows:
Except as is otherwise in this section or chapter permitted, all obstructions or structures,
of any kind or character, placed, maintained or erected upon the streets, sidewalks,
curbs, gutters or parking strips of the city are unlawful and are a public nuisance, and
the public works director and the chief of police are authorized and directed to cause
the same to be removed; provided, however, that this section shall not apply to fire
hydrants, coin-operated newspaper vending boxes, public telephone booths, public
benches, publicly owned sidewalk trash containers, public transportation shelters for
riders, ornamental trees in parking strips, planters or planter boxes when part of any
approved public program of beautification, utility poles or natural gas service facilities
placed under the terms of franchises given by the city or which are permitted under
state law, street and traffic-control signs and posts therefor, or obstructions placed
pursuant to a permit issued under Chapter 12.50 of the Arlington Municipal Code, all of
which shall not be considered as such obstructions or structures and shall not be subject
to removal hereunder; provided, further, that any person, firm or corporation using a
sidewalk, curb, gutter or parking strip for said purposes shall be liable for and shall
indemnify and hold harmless the city and its officers and employees, while acting as
such, from any and all actions or causes of action, claims, demands, liabilities, loss,
damage or expense of whatsoever kind or nature, including costs of defense of all legal
actions thereunder, which may arise by reason or in consequence of said use of public
property.
ORDINANCE NO. 2020-XXX 2
Section 2. Arlington Municipal Code Section 12.24.070 shall be and hereby is
amended to read as follows:
Any person, firm or corporation violating any of the provisions of or failing to comply
with any of the mandatory requirements of this chapter is guilty of a Class 2 civil
infraction pursuant to AMC 1.04.020
Section 3. Arlington Municipal Code Section 12.24.080 shall be and hereby is repealed.
Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by
state or federal law or regulation, such decision or pre-emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section 5. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. This ordinance shall take effect and be
in full force five (5) days after the date of publication as provided by law.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this
______ day of _____________________, 2020.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
Deleted:
convicted of a misdemeanor under this chapter shall be
Page 1
RESOLUTION NO. 2020-XXX
A RESOLUTION REPLACING RESOLUTION NO. 2018-027,
AND ADOPTING A REVISED FEE SCHEDULE
WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain
actions and services; and,
WHEREAS, these various ordinances set forth that fees shall be set by resolution; and,
WHEREAS, the cost of providing these various services consistent with applicable codes,
regulations, and policies periodically increase or decrease, or certain services or practices are
discontinued and fees are no longer needed; and,
WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges that
are consistent with the services provided and to cover the public cost of providing these various
services so that the public is not subsidizing individual benefits derived therefrom;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON AS
FOLLOWS:
The following rates, fees, and charges for various services provided, actions performed, or items
sold by the city and/or its contract service providers, and fines levied against code violators, are
hereby adopted:
Section 1. Fees and Charges—General.
1.1 Fees. Fees are intended to cover the normal, recurring costs associated with
providing a given service. Fees are non-refundable.
1.2 Prices. In some instances, the City provides certain goods and merchandise for
sale. Prices for these goods may be included in this resolution.
1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of
application) or occurs (e.g., prior to a specific action). An applicant may pay all fees
of a multi-phased project in advance; however, doing so does not vest applicable
fees due. Fees due are those in effect at the time the specific action or phase of
an action is requested or occurs.
1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the
fees, or portions thereof, for any non-profit organization or government agency.
Formatted: Heading 1, None, Tab stops: Not at 3.38" +
3.6" + 3.9" + 4.2" + 4.5" + 4.8" + 5.1" + 5.4" + 5.7" +
6" + 6.3"
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX
Page 2
Section 2. Land Use Fees. Fees for various services, actions, and permits regarding land use,
as per AMC Title 20 Land Use Code, shall be as listed in Table 2: Land Use Fees
Table 2: Land Use Fees
Zoning Permit 2,300.00
Special Use Permit 3,400.00 plus actual cost of Hearing Examiner (if
req’d)
Conditional Use Permit 4,000.00 plus actual cost of Hearing Examiner
Administrative Conditional Use Permit
Temporary / Seasonal Event 125.00
Development Agreement
Preliminary Plats
Final Plats
Binding Site Plans
Conditional Use Permit for Binding Site Plans ≥ 10
Zoning Permit for Binding Site Plans ≤ 9 lots
Master Plan
Design Review
Mixed Use Development
Forest Practices Permits
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX
Page 3
Action Fee ($)
Forest Practices Permit Application Fee 125.00 plus 125.00 per acre
Review Fee for Conversion Option Harvest Plan
Approval
125.00 plus 125.00 per acre
Review Fee To Lift Moratorium 300.00
Inspection Fee 150.00 per hour plus 125.00per acre
Tree mitigation in-lieu fee (number of trees
removed x3), total trees
32.50 per tree
Appeals
To City Council 250.00
To Planning Commission 250.00
To Hearing Examiner 600.00 plus actual cost of Hearing Examiner
To Shoreline Hearings Board 600.00
Reconsideration of Decision by:
Community Development Director and/or a
designee
100.00
Planning Commission 150.00
Hearing Examiner 250.00 plus actual cost of Hearing Examiner
City Council 150.00
Permit Extension
Extension 200.00
Resubmittal Extension 125.00
Amendment to or Modification of Permit
Insignificant Design Deviations 60.00
Minor Amendment 325.00
Major Amendment 1,100.00 plus actual cost of Hearing Examiner (if
required)
Boundary Line Adjustment
Boundary Line Adjustment / Lot Line Elimination 1,700.00 plus actual cost of consultant
Land Use Ordinance Amendment
Amendment to Text of Land Use Ordinance 750.00
Amendment to Zoning Map (rezone)
< 5 acres 1,200.00
> or = 5 acres 2,000.00
Comprehensive Plan Amendment
Minor Amendment (annual cycle) 1,500.00
Major Amendment (5-year cycle) 2,200.00
Annexations
Submission of 10% Petition 150.00
Submission of 60% Petition 1,100.00
If it goes to BRB hearing 800.00
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX
Page 4
Action Fee ($)
Shoreline Development Permit (SDP)
SDP in conjunction with a Land Use Permit 550.00
SDP not in conjunction with a Land Use Permit 1,100.00
Variance
Administrative 700.00
If it goes to hearing (fee in addition to that paid for
Admin. Decision)
1,300.00 plus actual cost of Hearing
Examiner
Miscellaneous Actions/Items
General Information Meeting
First two meetings 0.00
Subsequent meetings 350.00 per meeting
SEPA Review (note: review of checklist included
within Land Use Permit fee )
SEPA Only (no land use permit required) 550.00
Environmental Impact Statement (EIS) 1,100.00 plus actual cost of consultant
Deferral of Impact Fee
Application 200.00
Request of Utility Services Outside City Limits
Utility Extension Agreement - Single-Family
Residence/Duplex
Property Tax Exemption Certificate
Recording
Processing / Technology Fee
Permits
Section 3. Public Works Fees. Fees for various services, actions and permits shall be as
listed in Tables 3-1: Review Fees, 3-2: Grading Plan Review Fees, 3-3: Grading Permit Fees,
and 3-4: Public Works Labor and Equipment Charges.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX
Page 5
Table 3-1: Review Fees
Action Fee ($)
6% E.E.C.C. 1 with a minimum charge of 1,600.00
Administrative Review Fee 250.00 each
Miscellaneous Engineering Fee 550.00 each
As-Built Review Fee Included in the site civil review fee
Final Plat Review Fee Included in the site civil review fee
Inspection Fee 150.00 per hour, ½ hour minimum
Outside Consultant Review Fee Actual cost
Simple Site Plan Review 275.00 per lot
Action Fee ($)
Right of Way
Table 3-2: Grading Plan Review Fees
50 cubic yards or less 100.00
51 to 100 cubic yards 120.00
1E.E.C.C Engineer’s Estimated Cost of Construction-Includes labor, equipment, material, overhead and profit. Prices
shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if not
included in the RS Means database.
* Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots.
* Additional plan review applies when there is a change, addition or revision to the plan.
* Additional plan review fees will be charged at any point in the project when more than 2 reviews are required.
* Inspection Fee - commercial and residential plats (storm drainage, landscape, right-of-way and bond
inspections).
* Outside Consultant Review Fee.
* Water & Sewer Availability Certificate Fee.
* Engineering Meetings (first 2 hours are no charge).
* Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house.
2AMC 20.76.120(c)
2AMC 20.76.120(c) Deleted:
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX
Page 6
101 to 1,000 cubic yards 160.00
1,001 to 10,000 cubic yards
First 1,000 cubic yards
Plus - for each additional 10,000 yards or fraction thereof
200.00
10,001 to 100,000 cubic yards
For the first 10,000 cubic yards
Plus - for each additional 10,000 cubic yards or fraction thereof
300.00
40.00
100,001 to 200,000 cubic yards
For the first 100,00 cubic yards
Plus – for each additional 10,000 cubic yards or fraction thereof
400.00
60.00
200,001 cubic yards or more
For the first 200,000 cubic yards
Plus - for each additional 10,000 cubic yards or fraction thereof
500.00
100.00
Table 3-3: Grading Permit Fees
Base Permit Fee 100.00
50 cubic yards or less 120.00
51 to 100 cubic yards 160.00
First 100 cubic yards
200.00
1,001 to 10,000 cubic yards
For the first 1,000 cubic yards
Plus - for each additional
300.00
10,001 to 100,000 cubic yards
For the first 10,000 cubic yards
Plus - for each additional
500.00
100,001 or more cubic yards or more
For the first 100,000 cubic yards
600.00
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX
Page 7
Table 3-4: Public Works Labor and Equipment Charges
A. Services and work included in the below schedule will be charged a 15%
administrative/overhead fee for accounting, billing and general City administrative
costs.
B. All work or services not included in the below schedule must be mutually agreed upon
prior to the commencement of work.
C. Equipment and machinery that is not explicitly included in the below schedule will be
charged at the rate set forth in the most current Rental Rate Blue Book for Construction
Equipment ("Blue Book"). If the equipment or machinery rate is not available in the Blue
Book, the City will determine an appropriate fee or rate based on the original cost of the
asset plus operating and maintenance cost and/or comparable rates charged by other
organizations.
Item Fee ($)
Labor Rate Cost
Lead Maintenance Worker Hourly 60.00
Sr. Maintenance Worker Hourly 55.00
Maintenance Worker Hourly 50.00
Administrative Staff Hourly 50.00
Rate Cost
Section 4. Building, Plumbing, Mechanical, Fire Permit and Plan Review Fees.
For determining the value of a structure, the most current Building Valuation Data as
published by the International Code Council, is adopted by reference. Fees shall be as listed
in Tables 4-1: Building Permit Fees, 4-2: Building Plan Fees, 4-3: Miscellaneous Building Permit
Fees and 4-4: Miscellaneous Building Inspection & Plan Review Fees.
Table 4-1: Building Permit Fees
1.00 – 500.00 34.00 0.00 to 500.00
501.00 – 34.00 For the first 500.00
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX
Page 8
2,000.00 4.57 PLUS for each additional 100.00, or fraction thereof, to and including
2,000.00
2001.00 –
25,000.00 21.03 PLUS for each additional 1,000.00, or fraction thereof, to and
50,000.00 15.24 PLUS for each additional 1,000.00, or fraction thereof, to and
100,000.00
967.24
10.61 PLUS for each additional 1,000.00, or fraction thereof to and
497.74
5.49
Table 4-2: Building Plan Review Fees
All valuations 65% of Building Permit Fee
Table 4-3: Miscellaneous Building Permit Fees
100.00 + Inspection fee
(portable and stand-alone)
250.00 + Inspection fee
Over 6 feet in height
100.00 plan review + Inspection fee
500.00
500.00
100.00
Table 4.1 & 4.2
75.00
500.00
500.00
100.00
75.00
100.00 plan review; permit fee, Table 4.1
(permit not required under four
(4) feet
100.00 or IBC valuation, whichever is greater
Permit Fee Only, Table 4.1; minimum 100.00
Table 4.1 & 4.2
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2020-XXX
Page 9
Fee per each pool or spa; private or public
Washington State Surcharge RCW 19.27.085
Residential Building Permits 6.50
Each Additional Residential Unit (This does not apply to the first unit) 2.00
Table 4-4: Miscellaneous Building Inspection & Plan Review Fees
Inspections outside of normal business hours 150.00 per hour 3 (minimum charge 1 hour)
Re-inspection fees (includes two inspections) 75.00 per hour4
Inspection for which no fee is specifically indicated 75.00 per hour4 (minimum charge 1 hour)
For use of outside consultants for plan review and
inspections, or both.
Actual costs 4
Stop work order (working without permit) 5 Double permit fees or 500.00, whichever is less
Revise site plan after plan review completed 100.00
Revise building plans during plan review
<50% review completion 75.00
>50% review completion New plan review fee
Revised building plans after issuance of permit New plan review fee
4.2 Plumbing Permit and Plan Fees. Plumbing fees shall be as listed in Table 4-5:
Plumbing Permit Fees and Table 4-6: Plumbing Plan Review Fees.
Table 4-5: Plumbing Permit Fees
Additional Plan Review fees $ 75.00
Alteration/repair piping $ 15.00
Backflow Assembly $25.00
Base Plumbing Fee $ 25.00
Bath/Shower Combo $ 15.00
Building Main Waste $ 25.00
Clothes Washer $ 15.00
Dishwasher $ 15.00
Drinking Fountain $ 15.00
Floor Drains $ 15.00
3 The total hourly cost to the City, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages,
and benefits of the employees involved.
4 Actual costs include administrative and overhead costs.
5 Stop work order (SWO): failure to obtain a valid permit
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
PLUMBING PERMIT FEES (per unit)
Grease Interceptor $ 75.00
Grease Trap $ 25.00
Hose Bibb $ 15.00
Icemaker/Refrigerator $ 15.00
Irrigation – per meter $ 25.00
Kitchen Sink & Disposal $ 15.00
Laundry Tray $ 15.00
Lavatory $ 15.00
Med Gas Piping ≤ 5 inlets/outlets $ 60.00
Med Gas Piping > 5 inlets/outlets (plus ≤ 5
inlets/outlets)
$ 5.00
Miscellaneous – regulated by plumbing code, not
otherwise specified
$ 15.00
Pretreatment Interceptor $ 15.00
Re-inspection Fee (all) $ 75.00
Roof Drains $ 15.00
Shower (only) $ 15.00
Sink (bar, service, etc.) $ 15.00
Toilets $ 15.00
Urinal $ 15.00
Vacuum Breakers $ 25.00
Water Heater $ 25.00
Water Heater - Tankless $ 25.00
Table 4-6: Plumbing Plan Review Fees
4.3 Mechanical Permit Fees. Mechanical permit fees shall be as listed in Table 4-7:
Mechanical Permit Fees and Table 4-8: Mechanical Plan Review Fees.
PLUMBING PLAN REVIEW FEES
All valuations 65% of Building Permit Fee (see Table 4-2)
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
Table 4-7: Mechanical Permit Fees
Table 4-8 for mechanical permits will be assessed at time of submittal. Includes two (2) inspections with
Additional Plan Review fees $ 75.00
Air Cond. Unit ≤100Btu/h $ 15.00
Air Cond. Unit >100Btu/h $ 25.00
Air Cond. Unit >500Btu/hp $ 50.00
Air Handling Units $ 15.00
Base Mechanical Fee $ 25.00
Boiler <100Btu/h >3hp $ 15.00
Boiler >1 million Btu/h<50hp $ 25.00
Boiler >1.5 million Btu/h<50hp $ 50.00
Boiler >100Btu/h 3-15hp $ 15.00
Boiler >500Btu/h 15-30hp $ 25.00
Commercial Hoods -Type I / II $ 25/50
Diffusers $ 15.00
Dryer Ducting $ 15.00
Ductwork (drawings required) $ 25.00
Evaporative Coolers $ 15.00
Exhaust/Ventilation Fans $ 15.00
Fireplace/Insert/Stove $ 15.00
Forced Air Heat ≤100 Btu/h $ 15.00
Forced Air Heat >100 Btu/h $ 25.00
Gas Clothes Dryer $ 15.00
Gas Fired AC ≤100 Btu/h $ 15.00
Gas Fired AC >100 Btu/h $ 25.00
Gas Fired AC > 500 Btu/h $ 50.00
Gas Piping ≤ 5 units $ 15.00
Gas Piping > 5 units (plus <5 units) $ 2.00
Heat Exchangers $ 15.00
Heat Pump-Condensing Unit $ 25.00
Hot Water Heat Coils $ 15.00
Miscellaneous Appliance - regulated by mechanical
code, not otherwise specified
$ 15.00
Pkg. Units ≤100btu/>100btu $ 25/50
Range/Cook top-Gas Fired $ 15.00
Refrigeration Unit ≤100Btu/h $ 15.00
Refrigeration Unit >100Btu/h $ 25.00
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
MECHANICAL PERMIT FEES (per unit)
Commercial mechanical permits are required to submit line drawings. A plan review fee of 65% per
Table 4-8 for mechanical permits will be assessed at time of submittal. Includes two (2) inspections with
Refrigeration. Unit >500Btu/h $ 50.00
Re-inspection fee (all) $ 75.00
Residential Range Hood $ 15.00
Unit Heaters ≤ 100 Btu/h $ 15.00
Unit Heaters >100 Btu/h $ 25.00
VAV Boxes (Variable Air Volume, part of air
conditioning system)
$ 10.00
Wall Heaters - Gas Fired $ 25.00
Water Heater-Gas Fired $ 25.00
Table 4-8: Mechanical Plan Review Fees
MECHANICAL PLAN REVIEW FEES
All valuations 65% of Building Permit Fee (see Table 4-2)
4.4 Fire Permit and Plan Review Fees. Fire Permit Fees shall be as listed in Table 4-9:
Fire Permit Fees Table 4-10: Fire Plan Review Fees.
Table 4-9: Fire Permit Fees
FIRE SPRINKLER SYSTEMS (105.7.1, 105.7.4, 105.7.11)
TENANT IMPROVEMENT OR SYSTEM MODIFICAITON (NFPA 13/13R)
Number of Sprinklers or Devices** Fee
1 to 2 $ 75.00
3 to 5 $125.00
6 to 10 $175.00
11 to 20 $225.00
21 to 40 $300.00
41 to 100 $375.00
101 to 200 $475.00
201 to 300 $575.00
>300 $600.00 plus $50.00 per 100 additional devices
For Hydraulically designed systems multiply the
fees above by 2.
NEW COMMERCIAL SYSTEM (NFPA 13/13R)
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
Number of Sprinklers or Devices** Fee
1 to 100 $375.00
101 to 200 $475.00
201 to 300 $600.00
>300 $625.00 plus $50.00 per 100 additional devices
RESIDENTIAL (NFPA 13D)
Number of Sprinklers or Devices**Fee*
HOOD SUPPRESSION SYSTEM
Type of System Fee
STANDPIPE SYSTEM
Type of Standpipe Fee
PHASED INSTALLATION
Additional Fee
Sprinklers, Risers, Valves, Pull Stations, Beam Detectors and other such devices. (Each piece is one
SPRAY BOOTHS (105.7) & INDUSTRIAL OVENS (105.7.7)
Spray Booths Fee
Industrial Oven
NOTE: SEPARATE SPRINKLER PERMIT REQUIRED
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
FIRE ALARM SYSTEM - NFPA 72 (105.7.3)
TENANT IMPROVEMENT OR SYSTEM MODIFICATION
1 to 2 $75.00
3 to 5 $125.00
6 to 10 $175.00
11 to 20 $225.00
21 to 40 $300.00
41 to 100 $375.00
101 to 200 $475.00
>200 $500.00 plus $50.00 per 100 additional devices
NEW COMMERCIAL SYSTEM
Number of Devices* Fee
NOTE:device*
FACP AND/OR TRANSMITTER
NOTE: All Central Station Monitoring must be UL or FM listed.
*Devices
Initiating Devices, Notification Appliances, Flow Switches, Supervisory Switches, Magnetic Door Hold-
Open Devices, Remote Annunciators, Pull Stations, Beam Detectors and other such devices.
(Each piece is one device)
Table 4-10: Fire Plan Review Fees
<5,000.00 100.00
$5,000.00 and over Table 4-2 valuation
Section 5. Fire Department Life-Safety Inspection Fees. Fees for re-inspections for life-
safety issues conducted by the Fire Department shall be as listed in Table 5: Fire
Department Life-Safety Inspection Fees.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
Table 5: Fire Department Life-Safety Inspection Fees
Initial Inspection 0.00
First re-inspection for corrections 0.00
Second re-inspection for corrections 100.00
Third re-inspection for corrections 150.00
Additional inspections to complete life/safety corrections
and attain compliance
250.00
Fireworks Stand Inspection 50.00
Section 6. Fees for the Use of City Owned Facilities. Fees for various services, actions, and
permits regarding use of City owned facilities shall be as listed in Table 6: Fees for the Use of
City Owned Facilities.
Table 6: Fees for the Use of City Owned Facilities
Permit for Non-Construction use of Right of Way per
AMC Chapter 12.50
Application fee $ 65.00
Lease rate or charge Charge per square foot (annual)
Commercial zones including, but not limited to,
GC, HC, NC
$.45
Business zones including, but not limited
to,OTBD-1, OTBD-2, OTBD-3
$.40
Appeals fee per AMC 12.50.130 $600.00 plus cost of hearing examiner
Hadley Hall at the Arlington Community Youth Center, Stillaguamish Conference Room* at Public
Works Administration (154 W. Cox).
*This facility does NOT have a kitchen facility available for use.
Room usage fees for community youth related activities and Neighborhood Watch meetings may be
Use/Activity Fee ($)
Without Kitchen
One to three hours 15.00 per hour
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CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
Over three hours 75.00
With Kitchen
One to three hours 20.00 per hour
Over three hours 125.00
Athletic Fields
Field Use $10.00 per hour
Lighting $3.00 per 1.5 hours
Community Garden
4 X 20 foot bed $20.00 per season
4 X 8 foot bed $15.00 per season
2 X 8 foot bed $10.00 per season
Section 7. Appeal Fees for Violations and Abatement. Fees for various services and actions
regarding violations and abatement as per Chapter 11.01 of the Arlington Municipal Code
shall be as listed in Table 7: Appeal Fees for Violations and Abatement.
Table 7: Appeal Fees for Violations and Abatement
To Hearing Examiner 582.00 plus actual cost of Hearing Examiner
Forest Practice Violation Fine 317.00
Section 8. Licensing Fees. Licensing fees for various licenses issued under various sections of
the Arlington Municipal Code shall be as listed in Table 8:- Licensing Fees.
Table 8: Licensing Fees
New application / renewal business license under AMC Chapter
5.28
60.00
Late payment penalty for business license under AMC Chapter 5.28 120.00
For new applications applied for between October 1st through
December 31st
st
th
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
-First vehicle
-Each vehicle thereafter
35.00
15.00
Cabaret License under AMC Chapter 5.16 (annual) 75.00
Section 9. EMS Fees and Charges.
9.1 Fees and Mileage Charges Established. For purposes of AMC Chapter 3.06,
fees and mileage for EMS services shall be set as set forth in Table 9: Emergency
Medical Services Rates and Charges.
9.2 Beginning on January 1, 2021, the rates set forth for the year 2020 shall
be increased annually effective January 1 of each succeeding year by the June
reported percentage increase of the Consumer Price Index (CPI) for the Seattle-
Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used
by the city should it change; provided, however, that notwithstanding any reduction
in the CPI, rates shall not decrease.
9.3 EMS Transport Fees. In accordance with the requirements of 42 Code of
Federal Regulations (CFR) Parts 410 and 414, which provides that Medicare fees and
charges shall apply to Medicare recipients;
A. Unmet (excess fee) Part B Deductible and Part B coinsurance amounts. In
accordance with the provisions of 42 CFR Parts 410 and 414, the City shall
bill the patient for any unmet or excess fee to the extent authorized by
federal law.
B. Inability to Pay Excess Fee. Individuals who are on fixed or low incomes or
do not have the ability to pay the differential because of financial
difficulties may submit a request to waive the differential to the City with
supporting documentation of the inability to pay.
Table 9: Emergency Medical Services Rates and Charges
BLS Non-emergent 775.00 800.57
BLS Emergent 775.00 800.57
ALS 1 1,150.00 1,187.95
ALS 2 1,225.00 1,265.42
ALS Response Fee 291.33 300.94
Mileage (all categories) 20.00 per mile 20.66 per mile
Section 10. Dog Licensing Fees.
10.1 Fees for dog licenses as called for in Arlington Municipal Code Chapter 8.09
shall be listed in Table 10: Dog Licensing Fees
10.2 Per RCW 49.60.380, the City of Arlington shall honor a request by a blind
person or hearing impaired person not to be charged a fee to license his or her guide
dog, or a request by a physically disabled person not to be charged a fee to license his
or her service animal.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
10.3 All dogs require proof of current Rabies vaccination to be licensed.
Table 10: Dog Licensing Fees
Dog – unaltered (annual tag) 40.00
Dog – altered (lifetime tag) 20.00
Dog –altered (senior citizen owner – lifetime tag) 10.00
Replacement Tag fee 5.00
Section 11. Fees for Police Services. Fees for various services, actions, and permits for police
services shall be as listed in Table 11: Fees for Police Services.
Table 11: Fees for Police Services
Fingerprinting 20.00
Concealed Weapons Permits:
1. New permit
2. Permit Renewal
3. Lost or stolen permit
All charges per RCW 9.41.070
1. Fine for parking as described in Arlington Municipal
Code 10.54.060, Prohibited Parking
2. Fine if paid within 24 hours of issuance
50.00
25.00
Section 12. Fees for Duplication of Public Records.
12.1 Fees for various services and actions for duplication of public records shall be
consistent with the provisions of RCW 42.56.120 and listed in Table 12: Fees for Public
Records Services.
12.2 The City of Arlington finds that calculating the actual costs of scanning per page
in order to fulfill a public records request would be unduly burdensome for the following
reasons:
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
(a) The City employs over 120 employees. Because all City employees contribute to
the production of public records requests and all employees earn different
salaries or rates of pay, the public records officer would have to be privy to
salaries of all employees in order to calculate the invoice;
(b) Employees supplying scanned records to the public records officer would be
required to track time spent, thereby creating a burden for those employees
without work stations as well as additional work not assigned in many
employees’ job descriptions and or union contracts;
(c) The City’s public records officer would be required to maintain a record of all
employees who contribute to each part of a public record request and
potentially charge different amounts for multiple scanned pages;
(d) The City uses more than seven document scanning machines with different
costs and lease agreement fees which change from time to time. The cost of
supplies for the City’s various scanning machines is subject to change based on
current market rates. Calculating the portion of the machines and supplies used
toward scanning public records would require knowledge of the cost of supplies
and an in-depth analysis of timing and application multiplied by each
contributing employee’s hourly rate of pay; and
(e) The response time to a public records request may be delayed in order to
calculate scanning costs and create an invoice with different rates of scanning
charges.
Table 12: Fees for Public Records Services
In house copying of City documents for the public 0.15 per page
In house copying of City documents to PDF when original
document is not in electronic format
0.10 per page
Provision of files or attachments and provided by electronic
delivery
0.05 per 4 files or attachments
Electronic records transmission 0.10 per gigabyte (GB)
Storage media (USB, CD), container, envelope, and postage
delivery charge
Actual cost
Duplication of documents and other media printed by outside
party
Actual cost to reproduce
Section 13. Fees for Franchise Applications. Pursuant to AMC Title 21, fees for various
services and actions for franchise applications shall be listed in Table 13: Fees for Franchise
Applications.
Table 13: Fees for Franchise Applications
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
Action / Service Fee ($)
Franchise Application Fee $1,000
Legal Review of Franchise Application Actual costs
Section 14. Fees for GIS Services. Fees for various services and actions for GIS shall be
listed in Table 14: Fees for GIS Products
Table 14: Fees for GIS Products
Action / Service Fee ($)
19.00
Section 15. Finance Department Services Fees for various services, actions, and permits
for finance services shall be as listed in Table 15: Fees for Finance Department Services.
Table 15: Fees for Finance Services
Non-Sufficient Funds – Dishonored or disallowed draft or check $35.00
Establishing a new utility account $18.00
Reactivating an existing utility account $18.00
Shut off processing fee (previously reconnection fee) $50.00
Section 16. Repeal of Previous Fee Resolution. Resolution 2018-027 is hereby repealed.
Section 17. Effective Date. This resolution will become effective immediately upon
passage.
PASSED by the City Council and APPROVED by the Mayor this ______ day of January, 2020.
CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #—2020-XXX
CITY OF ARLINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: NB #4 Attachment H
of the property owners in accordance with WSDOT ROW procurement policies. The below ROW Agreement is ready to be signed by the Mayor and appropriate payment made.
Property Owner Amount
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitability for a particular purpose or use. Map dataare compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the Cityof Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps.
Keytrust CorporationROW Acquistion and TCE
7/8/2020 akc
204thKeytrustROW_TCE_8.5x11_20
City of Arlington
Date:
File:
Cartographer:
±Ae rial flown in 2017 Scale:
Curb
4 ParkingStalls
204TH ST NE
OLYMPIC PL
Right-Of-Way Acquisition
Te mp orary Construction Easement
Right-Of-Way Acquisition
KEYTRUST CO NATL ASSOC00847300000400
1 inch = 50 feet
ROW Acquisition ( 1,386 FT² )
Old TCE ( 3,483 FT² )
New TCE ( 3,292 FT² )