HomeMy WebLinkAbout02-03-2014 DRAFT
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Council Chambers
110 East Third
January 21, 2014
City Council Members Present by Roll Call: Dick Butner, Jan Schuette, Marilyn Oertle, Chris Raezer,
Debora Nelson, Jesica Stickles, and Randy Tendering
Council Members Absent: None
City Staff Present: Mayor Barbara Tolbert, Allen Johnson, Kristin Banfield, Jim Chase, Paul Ellis, Jim
Kelly, Dale Carman, Deana Dean, and Steve Peiffle – City Attorney
Also Known to be Present: Mike Hopson, Chris Raezer’s family
Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Chris Raezer seconded the motion which passed with a
unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
There was no one in the audience who wished to speak to matters not on the Agenda.
CONSENT AGENDA
Marilyn Oertle moved and Chris Raezer seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1. Minutes of the January 6 and January 13, 2014 Council meetings
2. Accounts Payable: EFT Payments &
Claims Checks #80949 through #81016 in the amount of $941,853.41
3. Airport Standby Generator Project Closeout
PUBLIC HEARING
NEW BUSINESS
Selection of Mayor Pro Tem for 2014-2015:
City Administrator Allen Johnson reviewed the city council rules of procedure which requires selection of
a Mayor Pro Tem and Alternate Mayor Pro Tem.
Jan Schuette moved and Debora Nelson seconded the motion to select Councilmember Chris Raezer as
Mayor Pro Tem. The motion was approved 4-3 with Butner, Oertle, and Tendering dissenting.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting January 21, 2014
Page 2 of 3
Selection of Granite Falls Councilmember Suzie Ashworth as the Snohomish Health District
representative for District 1
Allen Johnson spoke briefly on this agenda item to select Granite Falls Councilmember Suzie Ashworth
as County Council District #1’s representative.
Chris Raezer moved and Debora Nelson seconded the motion to approve the selection of
Councilmember Suzie Ashworth, City of Granite Falls, to serve as Snohomish Health District Board of
Health representative for all small cities in County Council District #1. The motion was approved with a
unanimous vote.
Lodging Tax Grant Funding Distribution for 2014
Mayor Barbara Tolbert recused herself from this agenda item; Mayor Pro Tem Chris Raezer presided
over this matter. Finance Director Jim Chase briefly spoke to the Lodging Tax Grand Funding
Distribution.
Jesica Stickles moved to approve the funding of the selected applications totaling $87,155.95 as
recommended by the Lodging Tax Advisory Committee. Marilyn Oertle seconded the motion which
passed with a unanimous vote.
Following action on this item, Mayor Barbara Tolbert resumed her seat as Chair of the meeting.
Arlington Chamber of Commerce Memorandum of Understanding
Economic & Community Development Director Paul Ellis spoke to the proposed agreement between the
City of Arlington and the Arlington Chamber of Commerce Memorandum of Understanding regarding
lease space at Legion Park. Mr. Ellis answered council questions.
Chris Raezer and Marilyn Oertle seconded the motion to authorize the mayor to sign the Memorandum of
Understanding between the City of Arlington and the Chamber of commerce and authorize the City
Attorney to prepare and the Mayor to sign a formal lease agreement consistent with the Memorandum of
Understanding. The motion was approved with a unanimous vote.
ADMINISTRATOR & STAFF REPORTS
Allen Johnson congratulated council on their representation on PSRC committees. He also stated the
police department had their first meeting with Matrix and have started collecting data. Mayor Tolbert
noted Matrix will be scheduling interviews with each council member.
COUNCIL MEMBER REPORTS and MAYOR’S REPORT
Jan Schuette, Chris Raezer, Debora Nelson, Jesica Stickles, and Randy Tendering gave brief reports,
while Dick Butner and Marilyn Oertle had nothing to report at this time.
Mayor Tolbert commended the councilmembers for their participation in different volunteer organizations
and committees this month and thanked Councilmember Marilyn Oertle for her services as Mayor Pro
Tem.
City Attorney Steve Peiffle stated the Attorney General’s office issued an opinion on January 16, 2014
relating to the ability of cities to regulate marijuana use. He also indicated he will be serving on
Washington State Association of Municipal Attorneys (WSAMA).
EXECUTIVE SESSION
Counsel Peiffle announced there would be a need for an Executive Session to discuss pending litigation
to last approximately 20-25 minutes.
Minutes of the City of Arlington City Council Meeting January 21, 2014
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Council temporarily recessed at 7:32 pm for completion of the TBD Board Meeting.
Council reconvened at 7:35 pm.
Council recessed at 7:36 pm for the Executive Session.
Council reconvened at 7:59 pm.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:00 pm.
____________________________
Barbara Tolbert, Mayor
DRAFT
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Council Chambers
110 East Third Street
January 27, 2014
Councilmembers Present: Dick Butner, Jan Schuette, Marilyn Oertle, Chris Raezer, Debora Nelson,
Jesica Stickles, and Randy Tendering
Staff Present: Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Paul Ellis, Nelson Beazley, Bruce
Stedman, Kris Wallace, Roxanne Guenzler and Steve Peiffle
Council Members Absent: None
Also Known to be Present: Mike Hopson, Kirk Boxleitner and Sarah Arney.
Mayor Tolbert called the meeting to order at 7:00 p.m.
Chris Raezer moved to approve the agenda; Debora Nelson seconded the motion, which passed with a
unanimous vote.
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
1. 67th Ave Final Phase Change Order #5
Public Works Director Jim Kelly reviewed the specifics of change order #5 to the 67th Ave Final Phase
construction contract with the requirement to add ADA ramps and pedestrian crosswalk signalization
as well as resurfacing of the 67th Ave-204th St intersection. Total cost of the change order is
$162,338.50 with 80% of that cost being covered by the TIB Grant. Mr. Kelly answered council
questions throughout the discussion.
2. WSDOT Turnback Agreement
Jim Kelly addressed the agenda item stating this is a standard WSDOT agreement allowing WSDOT
to deed right-of-way purchased during the SR-9 roundabout project to the city. Mr. Kelly answered
council questions.
3. Amendment of Interlocal Agreement with the City of Marysville for Jail Services
Police Chief Nelson Beazley reviewed the proposed amendment of the Interlocal Agreement for jail
services between the City of Arlington and City of Marysville. The previous agreement expired
December 31, 2013 and the renewal was not received in time to present to Council prior to the end of
the year. Mr. Beazley answered council questions.
4. Interlocal Agreement with the Washington State Patrol for State Fire Service Mobilization
Reimbursement
Fire Chief Bruce Stedman reviewed the Interagency Agreement between State of Washington State
Patrol and Arlington Fire Department. The agreement allows for reimbursement for costs of
personnel, equipment and resources used, during any Washington State Fire Service Resource
Mobilization Plan. Mr. Stedman answered council questions.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop DRAFT January 27, 2014
Page 2 of 2
5. Ordinance Correcting the Legal Description of Country Charm Annexation (Ordinance No. 2013-013)
Community and Economic Development Director Paul Ellis reviewed the draft ordinance correcting
the legal description to the Country Charm Annexation. Mr. Ellis answered council questions.
6. Discussion of Property Tax Adjustment Request to Voters (Levy Lid Lift)
Mayor Tolbert reviewed the State of the City Address via PowerPoint. The presentation has been
given to city employees and several civic groups with more to come. Assistant City Administrator
Kristin Banfield distributed “Talking Points”, FAQ’s and Communication Plan regarding the proposed
ballot measure. Mayor Tolbert and Kristin answered questions throughout the presentation.
PUBLIC COMMENT
None
ITEM ADDED ~ NOT ON THE AGENDA
Marijuana Ordinance
Councilmember Tendering noted City of Marysville Planning Commission is recommending a ban on
recreational marijuana.
Councilmember Schuette requested the proposed ordinance on the Land Use Code Amendments for
Recreational Marijuana be more accessible on the city’s website for citizens to view. Paul Ellis will see
that this is done.
The public hearing for the proposed ordinance is scheduled for February 3, 2014.
MAYOR’S REPORT
Mayor Tolbert stated the Snohomish County Tomorrow Steering Committee is taking the MIC to the
County Council.
Mike Hopson has been selected to serve on the Snohomish County Citizens Advisory Board.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:15 pm.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
PH # 1
Attachment
B
COUNCIL MEETING DATE:
February 3, 2013
SUBJECT:
Recreational Marijuana Land Use Code Amendment (LUCA)
ATTACHMENTS:
Proposed Ordinance
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: None
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
This is a proposed amendment to Arlington Municipal Code (AMC) Title 20 (Land Use
Code) Chapter 20.08 (Basic Definitions and Interpretations), Chapter 20.40 (Permissible
Uses), and Chapter 20.48 (Density and Dimensional Regulations) to allow for the
production and processing of recreational marijuana in the Light Industrial and
General Industrial zones of the City as well as allow for the retailing of recreational
marijuana in the General Commercial and Highway Commercial zones of the City.
HISTORY:
In 2012, Washington State voters approved Initiative 502, authorizing regulated
production, processing, selling, and possession of marijuana by individuals within the
State. The initiative gave the State Liquor Control Board (LCB) until December 1, 2013
to write implementing regulations and begin issuing licenses. Now that the State is
issuing marijuana licenses, the City needs to update its land use regulations to
accommodate the production, processing, and selling of marijuana within City limits.
The City Council held a workshop on this proposed ordinance on January 13, 2014.
ALTERNATIVES
None Proposed
RECOMMENDED MOTION:
I move to approve the proposed ordinance allowing for the production, processing, and
retailing of marijuana within certain land use zones within the City of Arlington.
Ordinance No. 2014-xxx 1
ORDINANCE NO. 2014-xxx
AN ORDINANCE RELATING TO LAND USE AND ZONING; CREATING A NEW
SECTION 20.40.040(5), A NEW SECTION 20.48.040(H) AND AMENDING SECTIONS
20.08.010 AND TABLE 20.40.010-1 OF THE ARLINGTON MUNICIPAL CODE TO
ESTABLISH LOCAL RESTRICTIONS ON THE PRODUCTION, PROCESSING,
SELLING, OR DELIVERY OF MARIJUANA, AND TO MAKE A MINOR
MODIFICATION TO EXISTING ALLOWANCES FOR AGRICULTURAL USES IN
GENERAL AND LIGHT INDUSTRIAL DESIGNATED AREAS, AND REPEALING
THE MORATORIUM ESTABLISHED BY ORDINANCE NO. 2013-016.
WHEREAS, Initiative Measure No. 502 (“I-502”) was passed by the voters of the State
of Washington in November, 2012, providing a framework under which marijuana producers,
processors, and retailers (collectively “marijuana businesses”) can become licensed by the
Washington State Liquor Control Board (“LCB”), codified in Chapter 69.50 RCW; and
WHEREAS, this ordinance does not address the legality of the conduct associated with
the production, processing, and retailing of marijuana and should not be construed as approval or
waiver of such uses as it relates to other applicable county, state, or federal laws; and
WHEREAS, The State Liquor Control Board will not consider local zoning regulations
in deciding whether to issue licenses for marijuana business, but marijuana business are required
to comply with local zoning requirements; and
WHEREAS, The State Liquor Control Board will issue one marijuana retailer license
within the City, but a virtually unlimited number of marijuana producer licenses, and a virtually
unlimited number of marijuana processor licenses such that the City cannot know the number of
potential marijuana businesses that will locate within the City; and
WHEREAS, the City Council finds that a legitimate governmental interest exists in the
regulation of the locations of such facilities in the City of Arlington and to require all such
facilities to obtain a City of Arlington business license; and
WHEREAS, marijuana facilities operating under I-502 are not currently addressed in the
Arlington Municipal Code (“AMC”); and
WHEREAS, the City Council wishes to reduce the risk of confusion and code
enforcement issues by adopting zoning regulations that provide clarity on where marijuana
businesses may locate in the City of Arlington; and
WHEREAS, the City Council adopted an interim moratorium ordinance on November 3,
2013 to allow for opportunity to draft appropriate regulations; and
WHEREAS, the Arlington Planning Commission (“Planning Commission”) held a
briefing on November 5, 2013, concerning the code amendments contained in this ordinance and
further discussed the same at workshops on December 17, 2013 and January 7, 2014; and
Ordinance No. 2014-xxx 2
WHEREAS, on February 3, 2014, the City Council held a public hearing after proper
legal notice, and considered public comments and the entire record related to the proposal
contained in this ordinance; and
WHEREAS, following the public hearing, the City Council deliberated on the code
amendments contained in this ordinance;
NOW, THEREFORE, the City Council of the City of Arlington, Washington, do
ordain as follows:
Section 1. Findings. The City Council adopts the following findings in support of this
ordinance:
A. The foregoing recitals are adopted as findings as if set forth in full herein.
B. This proposal is consistent with the following goals, objectives, and policies
contained in the City’s GMA Comprehensive plan:
• GO-5 Encourage the development of the local economy by providing
opportunity for processing and sales of locally produced resource industries,
providing a predictable development atmosphere, emphasizing diversity in the
range of goods and services, encouraging non-consumptive, sustainable
markets, and ensuring that as the economy changes employment opportunities
are balanced with a range of housing opportunities.
• GL-1 Economic Development: Attain the highest level of economic well-
being possible for all citizens in Arlington through the achievement of a stable
and diversified economy offering a wide variety of employment opportunities.
• GL-13 Promote an active and diverse industrial district in order to promote
economic growth.
• GL-14 Ensure that impacts are kept to a minimum, especially those that affect
adjoining, non-industrial zoned areas.
• PE-2.3 Identify sectors of the economy within Arlington where opportunity
might exist to create additional jobs and identify potential strategies for
attracting employment. In particular, provide a supportive business
environment for start-up, light manufacturing and assembly businesses in the
airport/industrial area.
• GE-5 Foster economic development throughout the City’s many economic
subareas.
C. Procedural requirements:
1. This ordinance is consistent with state law and Sections 20.96.011 through
20.96.070 of the AMC.
2. State Environmental Policy Act, Chapter 43.21C RCW (“SEPA”),
requirements with respect to this non-project action have been satisfied through
the completion of an environmental checklist and the issuance of a determination
of non-significance on December 19, 2013.
Ordinance No. 2014-xxx 3
3. Pursuant to RCW 36.70A.106(1), a notice of intent to adopt this ordinance
was transmitted to the Washington State Department of Commerce for
distribution to state agencies on December 23, 2013.
4. The public participation process used in the adoption of this ordinance has
complied with all applicable requirements of the GMA and the AMC.
5. As required by RCW 36.70A.370, the Washington State Attorney General
last issued an advisory memorandum in December of 2006 entitled “Advisory
Memorandum: Avoiding Unconstitutional Takings of Private property” to help
local governments avoid the unconstitutional taking of private property. The
process outlined in the State Attorney General’s 2006 advisory memorandum
was used by the City in objectively evaluating the regulatory changes proposed
by this ordinance.
D. This ordinance is consistent with the record, as follows:
1. The lack of regulations addressing marijuana facilities may create
nonconforming uses and potential code enforcement issues.
2. Marijuana producers, processors, and retailers may operate in the City of
Arlington pursuant to the following restrictions:
a. Marijuana producers, processors, and retailers must comply with all
requirements of state law and the Washington State Liquor Control
Board’s regulations;
b. Marijuana retail businesses are appropriate in Highway Commercial
and General Commercial zones. Marijuana retail is similar to other retail
uses as well as liquor stores and is compatible with these zoning
designations;
c. Marijuana processing and marijuana production are appropriate in the
Light Industrial and General Industrial zones. Marijuana processing and
production are similar to manufacturing and industrial uses and are
compatible with these zoning regulations;
d. Marijuana production facilities in excess of 10,000 square feet will
have potential negative local economic and environmental impacts and
may not be compatible with surrounding uses in the Light Industrial and
General Industrial zones. For these reasons, marijuana production facilities
will be limited to a maximum Tier 2 size (equal to or less than 10,000
square feet) and combined marijuana production and processing facilities
shall not exceed 15,000 square feet in size.
3. Adopting definitions for marijuana related facilities is necessary to
provide clarity and consistency. The definition for “Marijuana” is consistent
with RCW 69.50.101(s) as amended by SSB5524 in 2013. The definition for
“Marijuana processor” is consistent with RCW 69.50.101(t) as amended by SSB
5524 in 2013. The definition for “Marijuana producer” is consistent with RCW
69.50.101(u) as amended by SSB 5524 in 2013. The definition for “Marijuana
retailer” is consistent with RCW 69.50.101(ff) as amended by SSB 5524 in 2013.
4. Restricting marijuana facilities as a home occupation is necessary to
prevent impacts to residential neighborhoods and to protect the public health
safety and welfare and is consistent with proposed WAC 314-55-015(5) where
Ordinance No. 2014-xxx 4
the LCB has indicated that it will not approve any marijuana license where law
enforcement access, without notice or cause, is limited, such as at residences.
F. The City Council further makes these conclusions:
1. The proposal is consistent with the goals, policies, and objectives of the
City’s GMA Comprehensive Plan.
2. The proposal is consistent with Washington State law and the Arlington
Municipal Code.
3. The City has complied with all SEPA requirements in respect to this non-
project action.
4. The regulations proposed by this ordinance do not result in an
unconstitutional taking of private property for a public use.
5. This ordinance is necessary to prevent marijuana facilities from locating in
areas where they would be detrimental to the public health, safety, and welfare.
Section 2. Arlington Municipal Code Section 20.08.010 (Definition of basic terms), shall
be and hereby is amended by adding the following definitions:
20.08.010 - Definitions of basic terms. …
“Marijuana” means all parts of the plant Cannabis, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not
include;
1. the mature stalks of the plant;
2. fiber produced from the mature stalks of the plant;
3. oil or cake made from the seeds of the plant;
4. any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or
5. the sterilized seed of the plant which is incapable of germination.
“Marijuana-infused products” means products that contain marijuana or marijuana
extracts and are intended for human use. The term “marijuana-infused products” does
not include useable marijuana.
“Marijuana, useable” means dried marijuana flowers. The term “useable marijuana” does
not include marijuana-infused products.
“Marijuana production” means a facility licensed by the State Liquor Control Board to
produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers.
Ordinance No. 2014-xxx 5
“Marijuana processing” means a facility licensed by the State Liquor Control Board to
process marijuana into useable marijuana and marijuana-infused products, package and
label useable marijuana and marijuana-infused products for sale in retail outlets, and sell
useable marijuana and marijuana-infused products at wholesales to marijuana retailers”.
“Marijuana retail” means a facility licensed by the State Liquor Control Board to sell
useable marijuana and marijuana-infused products in a retail outlet.
Section 3. Arlington Municipal Code Section 20.40.010 (Table of Permissible Uses) is
amended by adding the following use descriptions to the table and adding footnote 27 to read as
follows:
Table 20.40-1: Table of Permissible Uses
USE DESCRIPTIONS ZONES
SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP
14.110 Excluding
livestock
Z27 Z27
34.000 MARIJUANA
PRODUCTION,
PROCESSING, AND
RETAIL
34.100 Marijuana
production
Z27 Z27
34.200 Marijuana
processing
Z27 Z27
34.300 Marijuana
retail
Z Z
Footnotes to the Table of Permissible Uses
27 Agricultural products limited to marijuana production and processing. Subject to Section 20.48.040
(Building Setback Requirements). Marijuana production facilities shall be limited to Tier 2 size as
defined in WAC 314-55-075(6). Combined marijuana production and processing facilities shall be
limited to 15,000 square feet.
Section 4. Arlington Municipal Code Section 20.40.040 (Permissible uses and specific
exclusions) is amended by adding a new subsection (5), to read as follows:
(5) The following activities, including any similar activities, are prohibited as home
occupations in all zones: marijuana production, marijuana processing, and marijuana
retail.
Section 5. Arlington Municipal Code Section 20.48.040 (Building setback requirements)
is amended by adding a new subsection (h), to read as follows:
Ordinance No. 2014-xxx 6
(h) Marijuana producing and processing buildings shall be set back a minimum of thirty
feet for indoor operations and fifty feet for outdoor operations.
Section 6. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this ordinance. Provided, however, that if any section,
sentence, clause, or phrase of this ordinance, or any change in a land use designation is held to be
invalid by a court of competent jurisdiction, or by the Growth Management Hearings Board, then
the section, sentence, clause, phrase, or land use designation in effect prior to the effective date
of this ordinance, shall be in full force and effect for that invalidated section, sentence, clause,
phrase, or land use designation, as if this ordinance had never been adopted.
Section 7. 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 of the date of publication.
Section 8. Repealer. Upon the effective date of this ordinance, City of Arlington
ordinance number 2013-016 shall be and hereby is repealed.
Section 9. Copy to Commerce Department. Pursuant to RCW 36.70A.106(3), the
City Clerk is directed to send a copy of the amendments to the State Department of Commerce
for its files within ten (10) days after adoption of this ordinance.
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE
3rd DAY OF FEBRUARY, 2014.
CITY OF ARLINGTON:
______________________________________
Barbara Tolbert, Mayor
ATTEST:
______________________________________
Kristin Banfield, City Clerk
Ordinance No. 2014-xxx 7
APPROVED AS TO FORM:
______________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
C
COUNCIL MEETING DATE:
February 3, 2014
SUBJECT:
Ordinance Correcting the legal description of the Country Charm Annexation
ATTACHMENTS:
- Draft Ordinance Correcting the Annexation
- Revised Legal Description
DEPARTMENT OF ORIGIN
Community Development
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The City was recently alerted by Snohomish County of a correction that needs to be
made to the Country Charm Annexation legal description, which annexed the Country
Charm / Graafstra area into the Arlington City Limits. The attached draft ordinance
and corrected legal description will make the necessary corrections to the previous
ordinance.
HISTORY:
The City annexed the territory in August 2013.
ALTERNATIVES
N/A
RECOMMENDED MOTION:
I move approve the proposed ordinance correcting the legal description of the Country
Charm Annexation.
ORDINANCE NO. 2013-XXX 1
ORDINANCE NO. 2014-XXX
AN ORDINANCE CORRECTING A TYPOGRAPHICAL ERRORS IN THE LEGAL
DESCRIPTION ATTACHED TO ORDINANCE 2013-013, PROVIDING FOR THE
ANNEXATION TO THE CITY OF ARLINGTON OF PROPERTY KNOWN AS THE
COUNTRY CHARM ANNEXATION
WHEREAS, on August 19, 2013 the City Council of the City of Arlington, Washington,
adopted ordinance 2013-013, which effectuated the annexation known as the Country Charm
Annexation; and
WHEREAS, as a result of the review by Snohomish County of the city’s ordinance it was
determined that the legal description of the annexed area contained typographical errors; and
WHEREAS, the City wishes to correct the error caused by the typographical errors;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as
follows:
Section 1. The legal description attached as Exhibit “A” to the City of Arlington
Ordinance 2013-013 shall be and hereby is amended to read as shown on the attached Exhibit
“A”. In all other respects, said Ordinance shall remain in full force and effect.
Section 2. The title of this ordinance which summarizes the contents shall be
published in the official newspaper of the City. The ordinance shall take effect and be in full
force five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2014.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ORDINANCE NO. 2013-XXX 2
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
1
Legal Description for the “Country Charm Annexation” to the City of Arlington
Application File No.______________________
Applicant: City of Arlington
Legal Description for the “Country Charm Annexation”
That portion of Section 1, Township 31 North, Range 5 East, W.M. and Section 2, Township 31 North,
Range 5 East, W.M., that is more particularly described as follows;
Commencing at the point of intersection of Burke Ave. and Newberry Street, as shown on the Plat of
Haller City, as recorded under Volume 2 of Plats, page 22, records of Snohomish County, Washington,
which point is an existing concrete monument in a monument well case; thence N 87-35-53 W, along
the centerline of said Burke Ave., a distance of 469.96 feet to the point of intersection of Burke Ave and
Broadway St. as shown on said plat, which point is an existing concrete monument in a monument well
case ; thence N 2-24-07 E, along the centerline of said Broadway St., a distance of 600.54 feet to the line
of ordinary high water of the left bank of the South Fork Stillaguamish River and the True Point of
Beginning ; thence Northwesterly, along the said Ordinary High Water Line on the left bank of the South
Fork Stillaguamish River, the following courses and distances:
Course: N 67-16-46 W Distance: 303.91 feet
Course: N 68-18-20 W Distance: 107.00 feet
Course: N 53-33-23 W Distance: 107.53 feet
thence N 40-43-36 W, a distance of 86.99 feet more or less to a point on the north line of the south
2842.00 feet of said Section 2, as measured from the South line of the Southeast quarter of said Section
2; thence Easterly and Southeasterly, along a line lying between the right bank and left bank of the
South Fork Stillaguamish River, the following courses and distances:
Course: N67-58-29 E Distance: 231.05 feet
Course: S 68-53-31 E Distance: 324.00 feet
Course: S 60-51-07 E Distance: 648.16 feet
Course: S 64-17-24 E Distance: 326.22 feet
Course: S 68-11-55 E Distance: 483.65 feet
Course: S 65-54-34 E Distance: 272.75 feet
thence S 81-26-51 E, a distance of 28.20 feet more or less to the easterly right of way of State Route
530; thence S 50-30-24 W, along said easterly right of way, a distance of 148.22 feet more or less to an
angle point in said right of way; thence S 56-23-41 E, along said easterly right of way, a distance of 43.81
feet more or less to an angle point in said right of way; thence S 56-23-41 E, departing from said right of
way, a distance of 94.91 feet; thence southeasterly, along the following courses and distances:
Course: S 66-37-00 E Distance: 114.23 feet
Course: S 80-36-58 E Distance: 82.25 feet
Course: S 70-48-26 E Distance: 146.49 feet
thence S 77-25-18 E, a distance of 52.91 feet more or less to the east line of the southeast quarter of
said Section 2; thence N 01-23-04 E, along said east line, a distance of 527.62 feet; thence N 21-15-02 E,
2
departing from said section line into the northwest quarter of said Section 1, a distance of 105.12 feet;
thence Northerly, Northeasterly, Southerly, Southeasterly respectively, along a line lying between the
right bank and left bank of the South Fork Stillaguamish River, the following courses and distances:
Course: N 02-08-38 W Distance: 509.28 feet
Course: N 01-07-24 E Distance: 416.47 feet
Course: N 13-40-17 E Distance: 207.27 feet
Course: N 24-55-43 E Distance: 213.08 feet
Course: N 37-47-55 E Distance: 537.30 feet
Course: N 43-53-53 E Distance: 200.18 feet
Course: N 62-21-15 E Distance: 129.04 feet
Course: N 77-10-51 E Distance: 233.06 feet
Course: S 84-13-56 E Distance: 135.40 feet
Course: N 73-31-23 E Distance: 100.75 feet
Course: N 61-48-18 E Distance: 149.76 feet
Course: N 66-56-55 E Distance: 278.02 feet
Course: N 56-18-36 E Distance: 83.41 feet
Course: N 43-41-53 E Distance: 84.70 feet
Course: N 25-47-57 E Distance: 159.89 feet
Course: N 61-43-38 E Distance: 52.32 feet
Course: N 84-28-21 E Distance: 42.38 feet
Course: S 65-01-34 E Distance: 109.58 feet
Course: S 35-36-27 E Distance: 259.43 feet
Course: S 48-19-04 E Distance: 266.01 feet
Course: S 31-13-06 E Distance: 105.02 feet
Course: S 17-11-26 E Distance: 109.80 feet
Course: S 01-59-07 E Distance: 150.13 feet
Course: S 15-40-06 W Distance: 248.00 feet
Course: S 35-32-55 W Distance: 185.95 feet
Course: S 24-15-41 W Distance: 105.97 feet
Course: S 07-04-24 W Distance: 187.85 feet
Course: S 07-41-46 E Distance: 203.22 feet
Course: S 29-31-50 E Distance: 270.56 feet
Course: S 47-10-01 E Distance: 178.14 feet
Course: S 78-51-49 E Distance: 352.27 feet
Course: S 73-11-29 E Distance: 136.46 feet
Course: S 65-25-58 E Distance: 157.10 feet
Course: S 47-29-22 E Distance: 132.91 feet
Course: S 33-27-12 E Distance: 182.67 feet
Course: S 23-10-57 E Distance: 639.49 feet
Course: S 17-10-05 E Distance: 252.14 feet
thence S 07-03-44 W, a distance of 268.28 feet to the north line of Government Lot 12 of said Section 1;
thence S 88-30-48 W, along said north line of Government Lot 12 and the south line of Government Lot
10, a distance of 2055.34 feet to the west line of a water way known as “Sills Slough”; thence, northerly,
along the west line of said “Sills Slough”, the following courses and distances:
3
Course: N 11-34-58 E Distance: 41.51 feet
Course: N 02-45-33 E Distance: 62.32 feet
Course: N 30-25-42 E Distance: 131.30 feet
Course: N 00-39-35 E Distance: 110.62 feet;
thence N 79-48-29 W, departing from said west line of “Sills Slough”, a distance of 272.20 feet;
thence N 00-46-54 W, a distance of 72.94 feet; thence S 70-11-34 W a distance of 221.71 feet to the
Northeast corner of the Plat of Park Hill Estates, according to the plat recorded under Auditor’s File No.
2242708, records of Snohomish County , Washington; thence southwesterly, along the north boundary
of said Plat of Park Hill Estates, the following courses and distances:
Course: N 88-06-21 W Distance: 317.84 feet
Course: S 57-58-05 W Distance: 392.22 feet
Course: S 24-15-19 E Distance: 63.39 feet
Course: S 56-37-04 W Distance: 227.85 feet
thence S 77-30-07 W, a distance of 313.86 feet to the east margin of Alcazar Ave. as shown on said Plat
of Parkhill Estates; thence N 00-55-38 E, along said east line, a distance of 360.65 feet to a point on the
easterly extension of the centerline of Gilman Ave. as shown on said plat of Haller City; thence N 89-24-
35 W, along said centerline, a distance of 49.51 feet to the point of intersection of said centerline of
Gilman Ave. and the centerline of vacated Burke Ave. as shown on said plat of Haller City; thence N 61-
31-50 W, along the centerline of vacated Burke Ave. and the extension thereof, a distance of 659.95
feet; thence N 87-35-53 W, parallel with the centerline of Burke Ave. as shown on said plat of Haller
City, a distance of 16.27 feet; thence N 27-22-07 E, a distance of 145.31 feet more or less to the
Ordinary High Water line of the left bank of the South Fork Stillaguamish River; thence Northwesterly,
along said Ordinary High Water Line of said left bank, the following courses and distances:
Course: N 73-32-45 W Distance: 108.36 feet
Course: N 82-12-37 W Distance: 231.10 feet
Course: N 74-26-38 W Distance: 224.50 feet
Course: N 62-28-00 W Distance: 643.51 feet
Course: N 69-23-41 W Distance: 267.17 feet
thence N 67-16-46 W, a distance of 37.32 feet to the True Point of Beginning.
Together with the shore lands, lying within the perimeter of the above described parcel of land known
as the “Country Charm Annexation to the City of Arlington”.
Also together with the beds of navigable waters of the State of Washington, lying within the perimeter
of the above described parcel of land known as the “Country Charm Annexation to the City of
Arlington”.
Containing a land area of 201 acres more or less.
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
D
COUNCIL MEETING DATE:
February 3, 2014
SUBJECT:
Change Order #5 to the 67th Ave Final Phase construction contract
ATTACHMENTS:
- CO #5 Summary of Costs and Authorization Form
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $162,338.50
BUDGET CATEGORY: TIB Grant and Transportation Improvement
Fund
LEGAL REVIEW:
DESCRIPTION:
Change Order #5 to the 67th Ave Final Phase construction contract.
HISTORY:
The 67th Ave Construction documents, prepared by HDR Engineers, omitted required ADA
ramps and intersection signalization at the 67th Ave-204th St intersection. In addition, the HDR
prepared contract documents failed to include a pay item for the resurfacing of the 67th Ave-
204th St intersection. This change order addresses those deficiencies and adds additional work
for resurfacing of 125-ft on Cemetery Rd and resurfacing of the 67th Ave Lebanon St
intersection. A detailed cost breakout is attached to this CAB and a summary of all change
orders to date is below:
Phase Amount Comments
Original Contract $ 5,982,984.00 Original contract for 67th Ave Construction
CO#1 $ 13,830.00 CO-01 (6” gate valve, decommission wells)
CO#2 $ 3,950.11 CO-02 (water service revisions)
CO#3 $ 292,516.50 CO-03 (69th Avenue Culvert work)
CO#4 $ (3,037.02) CO-4 (Misc Construction Changes)
CO#5 $ 162,338.50 CO-5 (204th Intersection)
Total $ 6,452,582.09 Revised Contract Price
ALTERNATIVES
- Table for further discussion
RECOMMENDED MOTION:
I move to approve Change Order #5 to the 67th Ave Final Phase construction contract and
authorize the mayor to sign the change order, pending final review by the City Attorney.
Revised Change Order #5 – The revised SOW includes the necessary ADA improvements and traffic
signal work omitted from HDR design, however, this revised CO #5 mills 2” of asphalt wearing surface
and replaces it with a new 2” wearing surface. In addition, additional work was added to resurface 125
feet of Cemetery Rd, to resurface the Lebanon/67th intersection, and to install curb-gutter in front of
Twin City Foods and Nelson Petroleum to control drainage.
Change Order Item Cost Comments
1. ADD pedestrian ramps and new sidewalk/curb for
ADA access at south corners of 204th/67th
intersection, HDR omitted item from design and bid
form.
$ 18,333 Exiting ramps are either too narrow, missing
truncated domes or do not have adequately sized
landings. ADA compliance is required by law.
2. ADD Pedestrian ADA crossing signalization and
traffic loop detectors, HDR omitted item from
design documents and from bid form.
$ 57,100 Project omitted all intersection traffic loops
($1,000/loop x 27 ea), pedestrian buttons and
controllers at SE & SW corners, and misc.
signalization equipment.
3. ADD 2” asphalt milling at 204th/67th intersection,
HDR included item in design documents but
omitted it from bid form. (NOTE #1)
$ 35,375 Due to high costs and extended traffic impacts
associated with full intersection replacement, we are
proposing to do the original scheduled work of mill
and overlay. This price includes traffic control
(flaggers and uniformed police officers). Est is 10,000
sq. ft. Unit price per SY is $40.49, above normal
pricing due to difficulty of having to work within
active 2-way intersection.
4. ADD 2” asphalt overlay at 204th/67th intersection,
HDR included item in design documents but
omitted it from bid form.
$ 18,500
5. ADD 2” asphalt milling and overlay on Cemetery Rd
approx. 120’ to new county paved section. New
Work - not included in original project design scope
of work.
$ 14,030 This was not included in the contract, however
Cemetery road is in poor shape. This paving section
will extend to the end of the recent county paved
road section. Unit price per SY is $22.16 (good price).
6. Add 2” asphalt milling and overlay at Lebanon/67th
intersection, additional work item to replace aging
asphalt. New Work - not included in original project
design scope of work.
$ 12,000 This was not included in the contract, however it will
add to the overall project completion and appearance
by having intersections at either end of the project
resurfaced. Unit price per SY is $26.67 (avg price).
7. ADD Paving and curbing at Twin City Foods to
prevent roadway runoff from flowing onto Twin City
Foods property. New Work - not included in original
project design scope of work.
$ 7,000 This will add concrete curb and gutter with sidewalk
in front of Twin City Foods/Nelson Petroleum to
prevent runoff from roadway from flowing onto
private property. I figure we prevent another HCI by
taking care of our own water.
TOTAL CO#5 $ 162,338
We have a commitment from TIB for reimbursement
of 80% of eligible costs, this would be $129,868 from
TIB and $32,467 from Transportation Improvement
Fund.
It includes the necessary ADA improvements and traffic signal work omitted from HDR design and bid
form.
Schedule: Curb & Gutter work and signal underground work will occur first. Milling & Filling postponed to
the end of project with final lift paving. During mill and fill work there will be full intersection movement
with lane control by flaggers.
1 of 4 P-04 (Rev. 6/11)
CHANGE ORDER 5
Change Order Title: Prairie Creek Culvert at 69th Avenue Date: 1/14/2014
Project Name: 67th Ave, Phase III Reconstruction Project No: P02.341
Contractor: Marshbank Construction, Inc. Federal Aid No: STPUS‐2699(001)
Owner: City of Arlington
The Contract is Modified as Follows:
Contractor is hereby directed to, upon receipt of an approved copy of this change order, make changes in the
Contract Documents and execute the work as detailed herein. The work covered by the Change Order shall be
performed under the same terms and conditions as those included in the original Contract, unless otherwise
described herein. The payment and/or additional time specified and agreed to in this Change Order constitutes full
adjustment for, and settlement of, all costs and time relating to the performance of the Work described herein.
Original Contract Amount: $ 5,982,984.00
Current Contract Amount: $ 6,290,243.59
Amount of this Change: $162,338.50
Revised Contract Amount: $6,452,582.09
Contract time is: Unchanged Increased Decreased by 0 Work Days Cal. Days
New Contract Duration: 271 Work Days Calendar Days
Approvals (Not valid until signed by Agency)
Approval Recommended – KBA
Paul Garrett, Resident Engineer ___________________________________ ______________
Signature Date
Contractor
Mark Fuglevand, Project Manager ___________________________________ ______________
Signature Date
Reviewed
Eric Scott, City Engineer ___________________________________ ______________
Signature Date
Reviewed
Kris Wallace, Executive Administrator ___________________________________ ______________
Signature Date
Approved by Agency
Allen Johnson, City Administrator ___________________________________ ______________
Signature Date
Approved by WSDOT Local Programs Engineer (CA Agency)
Ed Conyers, Local Programs Engineer ___________________________________ ______________
Signature Date
CHANGE ORDER 5, CONT.
2 of 4 P-04 (Rev. 6/11)
Change Order Description Summary:
This change order includes the 204th and 67th intersection improvements, Lebanon Street and 67th intersection
resurfacing and new curbing and price adjustment of Bid Item A‐56 Planing Bituminous Pavement.
204th & 67th Intersection Improvements
The contract plans, as shown on Sheet 20, show planing and overlaying the 204th intersection.
“Title II of the Americans with Disabilities Act (ADA) requires that local governments ensure that persons with disabilities have
access to the pedestrian routes in the public right of way. An important part of this requirement is the obligation whenever
streets, roadways, or highways are altered to provide curb ramps where street level pedestrian walkways cross
curbs.2 …Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing,
widening, and projects of similar scale and effect.4 “. Department of Justice/Department of Transportation Joint Technical
Assistance1 on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are
Altered through Resurfacing http://www.fhwa.dot.gov/civilrights/programs/doj_fhwa_ta.cfm
As a result of this planned resurfacing, all four corners of the intersection require updated curb ramps and
consequently, pedestrian crosswalk signal push buttons. The “As‐bid” plan set and Proposal Form did not
provide new updated accessible curb ramps on the south west and south east corners. Designed curb and
gutter, sidewalks and curb ramps will be installed on the south east and south west corner as will new
pedestrian push buttons.
As part of the resurfacing of the intersection, the existing traffic induction loops will be destroyed; the contract
plans and Proposal Form did not include installing new traffic loops. The plans were revised to add induction
loops to the 204th / 67th signal system.
Additional planing and HMA is being added to cover the new traffic loops on the west, east and south legs of the
intersection.
The planing and the HMA quantities on the original plan location as shown on Sheet 20 were added after the
Engineer’s Estimate was completed. Hence, these quantities are being added to this change order. As a result of
the additional planing and paving, the quantities for associated channelization have been increased to account
for the added striping.
Lebanon Street and 67th Intersection Resurfacing, added Concrete Curb and Gutter and ADA Curb Ramp
After the project started, it was observed that the surface water runoff from this intersection ran onto the
private property on the west side of 67th Ave (Nelson Distributing). To prevent this stormwater runoff from
entering the adjacent property, cement concrete depressed curb and gutter was added to the west side of 67th
from STA. 146+87.18, 13’ left to 147+52, 13’ left. It was also realized that after the installation of the non‐
potable water, the fiber optic conduit and the removal of the existing curb and gutter on the east side of the
intersection (see sheet 89 and 29), that the intersection pavement would benefit from planing and resurfacing.
A new curb ramp will also be added at STA. 147+66, 13.4’ left.
Bid Item A‐56 Planing Bituminous Pavement Renegotiation of Unit Price
The Proposal Form states a Planing Bituminous Pavement quantity of 200 SY. This amount accounts for the
planing on 211th only. This change order will add 2565 SY at 204th intersection and 450 SY to improve the
intersection of Lebanon St and 67th. The City requested a new unit price for all the additional planing.
Marshbank provided and agreed to perform the planing with the new unit price of $13/SY.
CHANGE ORDER 5, CONT.
3 of 4 P-04 (Rev. 6/11)
204th Intersection Improvements Change Order 5 Summary
Bid Item Description Tax Incl. Unit Est. Qty Unit Price Amount (w/ Tax)
A-125 Roadway Survey Y FA 1.00 $ 2,000.00 $ 2,000.00
A-6 Roadside Cleanup Y FA 1.00 $ 3,500.00 $ 3,500.00
A-18 Removal of Structures and Obstructions Y LS 1.00 $ 3,500.00 $ 3,500.00
A-19 Sawcutting Existing Pavement Y LF 150.00 $ 3.75 $ 562.50
A-42 HMA Cl. 1/2 In. PG 64-22 Y TON 206.00 $ 76.00 $ 15,656.00
A-123 Pre-level HMA Cl. 1/2 In. PG 64-22 Y TON 94.00 $ 90.00 $ 8,460.00
A-51 Crushed Surfacing Base Course Y TON 1.00 $ 18.50 $ 18.50
A-52 Crushed Surfacing Top Course Y TON 35.00 $ 24.00 $ 840.00
A-124 Cement Conc. Curb and Gutter Y LF 175.00 $ 16.00 $ 2,800.00
A-54 Cement Conc. Sidewalk Y SY 143.00 $ 29.00 $ 4,147.00
A-126 Planing Bituminous Pavement Y SY 2565.00 $ 13.00 $ 33,345.00
A-82 Adjust Existing Utility Structure Y EA 5.00 $ 375.00 $ 1,875.00
A-84 Traffic Control Supervisor Y LS 1.00 $ 2,000.00 $ 2,000.00
A-85 Uniformed Police Officer Y HR 8.00 $ 58.00 $ 464.00
A-86 Temporary Traffic Control Devices Y LS 1.00 $ 4,500.00 $ 4,500.00
A-87 Flaggers and Spotters Y HR 175.00 $ 46.00 $ 8,050.00
A-88 Other Traffic Control Labor Y HR 24.00 $ 46.00 $ 1,104.00
A-89 Pedestrian Control and Protection Y LS 1.00 $ 1,100.00 $ 1,100.00
A-90 Paint Line Y LF 395.00 $ 0.40 $ 158.00
A-91 Painted Wide Line Y LF 700.00 $ 0.60 $ 420.00
A-94 Plastic Traffic Arrow Y EA 8.00 $ 72.00 $ 576.00
A-120 Cement Conc. Pedestrian Curb Y LF 33.00 $ 20.00 $ 660.00
A-121 2 ft Wide Cement Conc. Curb Y LS 1.00 $ 2,000.00 $ 2,000.00
A-122
Additional Truncated Dome on
Perpendicular Ramp Y EA 2.00 $ 300.00 $ 600.00
C-2 Traffic Signal Modification Y LS 1.00 $ 45,000.00 $ 45,000.00
Total $ 143,336.00
CHANGE ORDER 5, CONT.
4 of 4 P-04 (Rev. 6/11)
Lebanon St. and 67th Ave. Resurfacing, Curb and Gutter and Curb Ramp Change Order 5 Summary
Bid Item Description Tax Incl. Unit Est. Qty Unit Price Amount (w/ Tax)
A-125 Roadway Survey Y FA 1.00 $ 900.00 $ 900.00
A-19 Sawcutting Existing Pavement Y LF 242.00 $ 3.75 $ 907.50
A-42 HMA Cl. 1/2 In. PG 64-22 Y TON 76.00 $ 76.00 $ 5,776.00
A-43 HMA for Approach Cl. 1/2 In. PG 64-22 Y TON 21.00 $ 100.00 $ 2,100.00
A-124 Cement Conc. Curb and Gutter Y LF 95.00 $ 16.00 $ 1,520.00
A-54 Cement Conc. Sidewalk Y SY 6.00 $ 29.00 $ 174.00
A-126 Planing Bituminous Pavement Y SY 450.00 $ 13.00 $ 5,850.00
A-82 Adjust Existing Utility Structure Y EA 1.00 $ 375.00 $ 375.00
A-120 Cement Conc. Pedestrian Curb Y LF 10.00 $ 20.00 $ 200.00
A-126 Cement Conc. Curb Ramp Type Parallel A
Modified Y LS 1.00 $ 1,200.00 $ 1,200.00
Total $ 19,002.50
Total Change $ 162,338.50
Attachments:
Copies: Contractor (Original & PDF)
Owner (Original & PDF)
Project File (Hard Copy and PDF)
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
E
COUNCIL MEETING DATE:
February 3, 2014
SUBJECT:
WSDOT Turnback Agreement for Right of Way at SR-9 and SR-531
ATTACHMENTS:
- Turnback Agreement
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
This is a standard WSDOT agreement allowing WSDOT to deed right-of-way purchased
during the SR-9 roundabout project to the City.
HISTORY:
WSDOT had to purchase right-of-way (ROW) from private property owners as part of the SR-9
roundabout project. Now that the project is complete, WSDOT wants to turn over ownership
and maintenance of the ROW to the City of Arlington. The “Turnback Agreement” is a
standard WSDOT agreement for completing such transactions.
ALTERNATIVES
- Table for further discussion
RECOMMENDED MOTION:
I move to approve the Turnback Agreement with WSDOT and authorize the mayor to sign the
agreement, pending final review by the City Attorney.
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
F
COUNCIL MEETING DATE:
February 3, 2014
SUBJECT:
8th Amendment of Interlocal Agreements for Jail Services
ATTACHMENTS:
DEPARTMENT OF ORIGIN
Police
EXPENDITURES REQUESTED:
BUDGET CATEGORY: Police – Marysville Jail Services
LEGAL REVIEW:
DESCRIPTION:
This is a renewal of the Interlocal Agreement for jail services between the City of
Arlington and the City of Marysville. The previous agreement expired on December 31,
2013 and the renewal was not received in time to present to Council prior to the end of
the year.
HISTORY:
This is an on-going Interlocal Agreement with Marysville to provide jail services to the
City of Arlington for prisoners charged with misdemeanors and/or serving sentences
for certain crimes committed within the City of Arlington.
ALTERNATIVES
Identify alternative jail facilities outside of the immediate area which could require
additional funds for booking and housing as well as additional time and/or expense
for prisoner transport.
RECOMMENDED MOTION:
I move to authorize the Mayor to sign the 8th Amendment to the Interlocal Agreement
with the City of Marysville for Jail Services.
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
G
COUNCIL MEETING DATE:
February 3, 2014
SUBJECT:
WSP Agreement No. C140852GSC – State Fire Mobilization Reimbursement
ATTACHMENTS:
Interagency Agreement –State of Washington WSP and Arlington Fire Department
DEPARTMENT OF ORIGIN
Fire
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The agreement allows for reimbursement for our costs of personnel, equipment and
resources used, during any Washing State Fire Services Resource Mobilization Plan
activation.
HISTORY:
Chief Ganz had a similar agreement in place from 2003 - 2007. Chief Rankin did not
renew the agreement. He did not want to send any of our resources out of the area,
especially to Eastern Washington.
ALTERNATIVES
By not being a part of the WSP Mobilization Plan; if requested in a Zone or special
incident, we would not be reimbursed for any costs of personnel, equipment or any
resources used.
RECOMMENDED MOTION:
I move to authorize the Mayor to sign the Interagency Agreement between the City of
Arlington and the Washington State Patrol to allow reimbursement of fire mobilization
costs per the adopted Washington State Fire Services Resource Mobilization Plan.
City of Arlington
Council Agenda Bill
Item:
NB #6
Attachment
H
COUNCIL MEETING DATE:
February 3, 2014
SUBJECT:
Property Tax Levy Lid Lift Resolution
ATTACHMENTS:
Property Tax Levy Lid Lift Resolution
DEPARTMENT OF ORIGIN
Administration / Legal
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Attached is the final draft of the resolution to send a property tax levy lid lift ballot
measure to the voters. All changes requested by Council have been incorporated into
this version, including the revised ballot language that was developed at the November
12, 2013 Council Workshop. Council requested staff to provide potential revenue
options after the ten year budget projection presented at the 2013 City Council retreat
demonstrated that the City does not have the financial capacity to continue to maintain
status as a Full Service City. Without additional revenues, the quality of life in
Arlington will, out of necessity, have to be reduced to a level we have never seen
before.
HISTORY:
Since the recession in 2008, the City has applied every tool and band aid approach
available to maintain the current level of services. These approaches have reached the
end of their useful life and a more stable revenue stream must be implemented to
continue services at the current level.
ALTERNATIVES
RECOMMENDED MOTION:
Resolution providing for the submission of a proposition to the qualifying voters of the
City of Arlington at the April 2014 special election for their ratification or rejection,
providing for authority to levy a permanent increase in the regular property tax levy of
58¢ to the rate of $1.955 per $1,000 of assessed value, which is in excess of the limit
factor established in RCW 84.55.005 and 84.55.010, and direct the City Clerk to file a
certified copy of this resolution with the County Auditor.
1
(27-586 SJP/pb)
RESOLUTION NO. 2014-xxx
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON
PROVIDING FOR THE SUBMISSION OF A PROPOSITION TO THE
QUALIFYING VOTERS OF THE CITY OF ARLINGTON AT THE
APRIL 2014 PRIMARY SPECIAL ELECTION FOR THEIR RATIFICATION OR
REJECTION, PROVIDING FOR AUTHORITY TO LEVY A PERMANENT
INCREASE IN THE REGULAR PROPERTY TAX LEVY AT OF 58¢ TO THE RATE
OF $1.96 $1.955 PER $1,000 OF ASSESSED VALUE, WHICH IS IN EXCESS OF THE
LIMIT FACTOR ESTABLISHED IN RCW 84.55.005 AND 84.55.010;
SETTING FORTH THE BALLOT PROPOSITION; DIRECTING THE
CITY CLERK TO CERTIFY TO THE COUNTY AUDITOR A CERTIFIED
COPY OF THIS RESOLUTION; AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATED THERETO
__________________________________________
WHEREAS, the City of Arlington is an optional municipal code City, located in
Snohomish County, Washington, duly organized and existing pursuant to the laws of the State of
Washington; and
WHEREAS, the City is authorized to levy a permanent regular property tax not to exceed
$3.10 per $1,000 of assessed value on the property within the City; and
WHEREAS, the City of Arlington has historically maintained one of the lowest property
tax levels in Snohomish County; and
WHEREAS, over the past eleven years, Initiative 747 (codified in RCW 84.55.005 -
.0101) has limited the increase in property tax revenues to the City to a rate that has been less
than the actual rate of inflation for the costs of providing services to the citizens of the City,
causing an ongoing structural budget deficit; and
WHEREAS, the current economic decline has required the City to freeze hiring and to
reduce or eliminate nineteen staff positions and reduce almost $2 million dollars in payroll
annually over the past four years, to implement required furlough days for remaining non-
represented employees, to eliminate cost of living adjustments (COLAs) for non-represented
employees; and the city’s public safety employees agreed to reduced holiday pay and overtime to
try to balance the budget; and
WHEREAS, in the most recent State Audit, the Auditor’s office found that the City’s
overall financial condition has declined significantly since 2010, and recommends that the City
develop a formal financial plan to address its cash flow issues; and
WHEREAS, the 2014 General Fund budget can only be balanced by eliminating all
contributions to the City’s Equipment Replacement Fund, meaning the replacement of vehicles
and equipment citywide and self contained breathing apparatus (SCBA) and turnout gear for the
2
(27-586 SJP/pb)
fire department will not occur, and even with these cuts, significant ongoing shortfalls will occur
in future years, with projected shortfalls beginning in 2015 and increasing thereafter; and
WHEREAS, without additional revenues, the City will be required to substantially reduce
basic services to the citizens of the City, including services related to public safety, parks and
other community services; and
WHEREAS, RCW 84.55.050(1) authorizes a city council to place a proposition before
the voters to authorize a permanent increase in regular property tax levies; and
WHEREAS, the City Council desires to offset the ongoing loss of revenues resulting
from the ongoing structural deficit and economic downturn by allowing the electors to approve
or reject a proposition under RCW 84.55.050(1) to authorize the City Council to levy the City’s
regular property tax in an amount that exceeds the limit factor that would otherwise be
prescribed by RCW 84.55.010; and
WHEREAS, the proceeds of the increase in the regular property tax on real property that
would be authorized by the ballot proposition requested below will provide funding for the
continuation of basic services provided by the City to its citizens;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to RCW 84.55.050(1) and RCW 29A.04.330, an election is hereby
requested to be called, conducted and held within the City of Arlington on Tuesday, April 22,
2014, for the purpose of submitting to the qualified electors of the City, for their ratification or
rejection, a proposition approving a permanent increase in the City’s regular property tax levy
exceeding the limit factor provided in RCW 84.55.005 - .0101, as more specifically described in
Section 2 below.
Section 2. The proposition would authorize the City to levy the regular property tax at a
rate of $1.96$1.955 per $1,000 of assessed value on property in the City for collection in the year
2015, and use the 2015 levy rate to recalculate subsequent levy limits thereafter.
Section 3. The proposition to be submitted to the electorate of the City shall read
substantially as follows:
CITY OF ARLINGTON
PROPOSITION NO. 1
PERMANENT LEVY LID LIFT FOR THE RETENTION OF
BASIC PUBLIC SAFETY AND OTHER SERVICES
The City Council of the City of Arlington adopted Resolution No. 20132014-xxx concerning voter
approval of its regular property tax levy.
3
(27-586 SJP/pb)
To retain essential city services including police, fire, parks, playgrounds, economic
development, and maintenance and operation of city facilities, this proposition would
(1) permanently increase the regular property tax levy above the limit factor, to a rate of $1.96
$1.955 per $1,000 assessed value for collection in 2015 (a 58¢ increase), and
(2) authorize use of the 2015 levy amount as the base for computing levies in succeeding years;
all as set forth in Resolution 2014-xxx.
Should this proposition be approved?
YES: _______
NO: _______
Section 4. The Mayor and City Attorney are authorized to make such minor adjustments
to the wording of such proposition as may be recommended by the Snohomish County Records,
Elections and Licensing Services Division, as long as the intent of the proposition remains clear
and consistent with the intent of this Resolution as approved by the City Council.
Section 5. The election will be held on Tuesday, April 22, 2014.
Section 6. In the event the proposition specified in Section 3 above is approved, the
City Council shall levy and there shall be collected a regular tax on real property in the City at
the rate of $1.96$1.955 per $1,000 assessed valuation for collection in 2015.
Section 7. The Snohomish County Auditor Elections and Voter Registration Division, as
the City’s ex officio Supervisor of Elections, is hereby requested to call and conduct said election
on Tuesday, April 22, 2014, and submit to the qualified electors of the City the proposition set
forth herein.
Section 8. The Snohomish County Auditor Elections and Voter Registration Division
shall cause a notice of election substantially in the form attached as Exhibit “A” referred to
herein, to be published at least once in a newspaper of general circulation within the City. Such
publication shall take place not more than ten days or less than three days prior to April 22, 2014.
Section 9. The Snohomish County Auditor Elections and Voter Registration Division, as
the City’s ex officio Supervisor of Elections shall conduct the election, canvas the vote and
certify the results in the manner provided by law.
Section 10. This resolution shall take effect five days after publication and posting as
required by law.
Section 11. If any provision of this resolution is determined to be invalid or
unenforceable for any reason the remaining provisions shall remain in force and effect.
Section 12. The findings of fact as set forth above are hereby incorporated by reference.
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PASSED BY THE CITY COUNCIL ON THE _____ DAY OF ___________, 2014, BY
A MAJORITY OF THE MEMBERS OF THE CITY COUNCIL.
CITY OF ARLINGTON
_________________________________
Barb Tolbert, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
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EXHIBIT “A”
CITY OF ARLINGTON
PROPOSITION NO. 1
PERMANENT LEVY LID LIFT FOR THE RETENTION OF
BASIC PUBLIC SAFETY AND OTHER SERVICES
The City Council of the City of Arlington adopted Resolution No. 20132014-xxx concerning voter
approval of its regular property tax levy.
To retain essential city services including police, fire, parks, playgrounds, economic
development, and maintenance and operation of city facilities, this proposition would
(1) permanently increase the regular property tax levy above the limit factor, to a rate of
$1.96$1.955 per $1,000 assessed value for collection in 2015 (a 58¢ increase), and
(2) authorize use of the 2015 levy amount as the base for computing levies in succeeding years;
all as set forth in Resolution 20132014-xxx.
Should this proposition be approved?
YES: _______
NO: _______