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HomeMy WebLinkAbout02-18-2014 DRAFT Page 1 of 3 Council Chambers 110 East Third February 3, 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, Bruce Stedman, Nelson Beazley, Amy Rusko, Deana Dean, and Steve Peiffle – City Attorney Also Known to be Present: Mike Hopson, Bruce Angell, and Kirk Boxleitner Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. APPROVAL OF THE AGENDA Chris Raezer moved to approve the Agenda. Marilyn Oertle 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 Chris Raezer moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the January 21 and January 27, 2014 Council meetings 2. Accounts Payable: EFT Payments & Claims Checks #81017 through #81172 dated January 21, 2014 through February 3, 2014 in the amount of $1,598,855.05 and EFT Payments & Payroll Checks #27971 through #27986 for the period January 1, 2014 through January 31, 2014 in the amount of $1,166.481.28. PUBLIC HEARING Community & Economic Development Director Paul Ellis opened the public hearing on the Ordinance Amending AMC Title 20 addressing recreational marijuana production, processing, and retail establishments at 7:01 p.m. Fitz Couhig of Pioneer Production and Processing LLC spoke on the topic, and thanked the city for their research. With no one else wishing to speak, the public hearing was closed at 7:05 p.m. Council comments and questions were taken at 7:06 p.m. with Dick Butner, Marilyn Oertle, Chris Raezer, and Jan Schuette adding to the discussion. With no further council questions, Paul spoke to the recent denial by the State for extensions and suggested council vote on this matter this evening. Marilyn Oertle moved and Chris Raezer seconded the motion to approve the ordinance allowing for the production, processing, and retailing of marijuana within certain land use zones within the City of Arlington. The motion passed by majority with Dick Butner dissenting. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting February 3, 2014 Page 2 of 3 NEW BUSINESS Ordinance correcting the legal description of the Country Charm Annex ation: Paul Ellis discussed the agenda item indicating Snohomish County noted discrepancies in the legal description of the Country Charm annexation. This ordinance corrects a scrivener’s error in the legal description and does not change the annexed area. Marilyn Oertle moved and Randy Tendering seconded the motion to approve the proposed ordinance correcting the legal description of the Country Charm Annexation. The motion was approved by a unanimous vote. 67th Ave Final Phase Change Order #5 Public Works Director Jim Kelly offered a brief explanation of the change with councilmembers Oertle and Schuette asking questions related to trail access and completion date. Debora Nelson moved and Chris Raezer seconded the motion 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. The motion was approved by a unanimous vote. WSDOT Turnback Agreement for Right of Way at SR-9 and SR-531 Jim Kelly spoke to the proposed turnback agreement with WSDOT and answered council questions. Debora Nelson moved to approve the Turnback Agreement with WSDOT and authorize the mayor to sign the agreement, pending final review by the City Attorney. Chris Raezer seconded the motion which passed by a unanimous vote. 8th Amendment of Interlocal Agreements for Jail Services Police Chief Nelson Beazley spoke to the Interlocal Agreement with the City of Marysville for jail services indicating the previous agreement expired on December 31, 2013 and that this would be a renewal of the same contract for period of January 1, 2014 through December 31, 2017. Jesica Stickles moved and Randy Tendering seconded the motion to authorize the Mayor to sign the 8th Amendment to the Interlocal Agreement with the City of Marysville for Jail Services. The motion was approved by a unanimous vote. Interlocal Agreement with Washington State Patrol for State Fire Mobilization Reimbursement Fire Chief Bruce Stedman spoke to the Interagency Agreement with WSP indicating the agreement allows for reimbursement for personnel, equipment, or resources during any mobilization plan activation. He also noted the city had this agreement in place previously from 2003-2007. Jesica Stickles moved and Randy Tendering seconded the motion 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. The motion was approved by a unanimous vote. Property Tax Levy Lid Lift Resolution City Administrator Allen Johnson spoke to the proposed final draft of the resolution to send a property tax levy lid lift ballot measure to the voters in April. City Attorney Steve Peiffle answered Councilmember Stickles question regarding “limit factor.” Minutes of the City of Arlington City Council Meeting February 3, 2014 Page 3 of 3 Chris Raezer moved and Debora Nelson seconded the motion to approve the 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. The motion was approved by a unanimous vote. Councilmember Oertle thanked Assistant City Administrator Kristin Banfield for all her efforts on this matter. ADMINISTRATOR & STAFF REPORTS Allen Johnson passed out a one page report related to the police department Matrix study. He stated the “yellow pages” were sent out last week and those will be produced at the end of each month. Mayor Tolbert commented that the yellow pages are a great and valuable tool. Allen referenced the one page levy handout indicating there are extras available. He also spoke to the council liaison assignments; noting one was not included on the list. He stated an ad hoc committee would be needed while working on the City’s Comp Plan which was further addressed and explained by Paul Ellis. Paul then stated that Councilmember Oertle has agreed to help as well as Councilmember Stickles, Bruce from the Planning Commission, and Troy and Chris from staff. The goal is to help form the Comp Plan, report back to Council and the Planning Commission and get input along the way. Councilmember Raezer asked whether the Parks Commission would be involved which was confirmed by Paul Ellis. COUNCIL MEMBER REPORTS and MAYOR’S REPORT Jan Schuette, Chris Raezer, Debora Nelson, Jesica Stickles, Dick Butner, and Marilyn Oertle gave brief reports, while Randy Tendering had nothing to report at this time. Mayor Tolbert spoke regarding the manufacturing industrial park with the City of Marysville, her attendance at the Smokey Point Citizens Committee meeting, Senate Bill 6096 which allows incentives for property tax for manufacturers, transportation issues in Olympia, and former Airport Director Rob Putnam’s application with the Snohomish County Parks Board. EXECUTIVE SESSION Counsel Peiffle announced there would be no need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:55 pm. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street February 10, 2014 Councilmembers Present: Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Jan Schuette, and Jesica Stickles Staff Present: Allen Johnson, Kristin Banfield, Jim Chase, Paul Ellis, Monica Schlagel, Dale Carman, Maxine Jenft, Deana Dean, and City Attorney Steve Peiffle. Council Members Absent: Also Known to be Present: Bob Nelson and Mike Hopson Mayor Tolbert called the meeting to order at 7:00 p.m. Chris Raezer moved to approve the agenda; Marilyn Oertle seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS ~ NO ACTION WAS TAKEN Public Art Acceptance – Metal Tree Sculpture Assistant City Administrator Kristin Banfield reviewed the proposed metal tree sculpture art donation from the Arlington Arts Council. Brief discussion by council including questions by Mayor Tolbert and comments from Councilmember Oertle. Authorization to offer a Purchase and Sale Agreement on the Opal Property Airport Supervisor Dale Carman spoke to the proposed purchase of the Opal property which is located adjacent to the airport at the north end off of Cemetary Road. Dale reviewed the history of the property with respect to prior purchase agreements and indicated the location of the property is within the future Runway Protection Zone for Runway 16. Dale answered council questions throughout the discussion. Interlocal with the City of Tucson to Piggy Back on a purchasing contract for a Toro mower/Resolution to authorize the surplus and trade in of Toro mower Kristin Banfield and Dale Carman spoke to both the proposed interlocal agreement with the City of Tucson and to the proposed resolution to surplus the existing Toro mower indicating the interlocal agreement will allow for the purchase of a new Toro wide area mower which will save $2,342 over what would have been saved if purchased through the State of Washington purchasing contract. Kristin and Dale answered council questions throughout the discussion. Mayor Tolbert asked whether council would be provided with an update on all surplus equipment. Kristin indicated she would provide a full report once all the surplus items have been sold. Westside UGA Expansion Community and Economic Development Director Paul Ellis handed out the Council Agenda Bill on this item, apologizing for the untimeliness, and discussed the recent developments on this issue. Discussion followed with Paul answering council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop DRAFT February 10, 2014 Page 2 of 2 Miscellaneous Council Items Councilmember Oertle reviewed the handout on the Levy Lid Lift with regard to the public assets maintained and services provided by the city and whether those that are part of an enterprise fund should be listed. Discussion followed. Mayor Tolbert expressed her sadness over the recent passing of City of Arlington employee Earl Anderson who was with the water department for 26 years. Public Comment None The meeting was adjourned at 7:44 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: NB #1 Attachment B COUNCIL MEETING DATE: February 18, 2014 SUBJECT: Acceptance of donation of Tree Sculpture ATTACHMENTS: Information and photo DEPARTMENT OF ORIGIN Recreation EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Arlington Arts council proposes donation of a metal tree sculpture by Debi Rhodes to be placed at the Centennial Trail near 4th Street. The Public Art Committee and PARC are recommending that the donation be approved by City Council. HISTORY: The Arlington Arts Council has dedicated funds from the last two art auctions to purchase the Tree Sculpture. The sculpture was a favorite from the public voting on possible public art projects. ALTERNATIVES Deny recommendation to accept the donation. RECOMMENDED MOTION: I move to accept the donation of the Tree Sculpture from the Arlington Arts Council as part of Arlington’s Public Art Inventory. Attn: City of Arlington CC -- Arlington City Council RE: Proposal for art installation in 2014 FROM: Arlington Arts Council The Arlington Arts Council would like to purchase a 14 tall x 12 foot wide metal sculpture of a tree by Debbi Rhodes for installation in the vacant circle in the 400 block of the Centennial Trail in downtown Arlington. The lowest branch would be 5.5 feet from the ground and the second lowest branch is 6.5 feet from the ground. The plan is to bolt the four pieces of cut sheet metal on a concrete pad that is about one foot above ground level. The four separate pieces would have holes drilled in them for attaching to the concrete pad. The pad would have corresponding bolts to mount on site. The artist estimates the total weigh to be 4,500 pounds with a concrete pad of 120 inches in diameter. We understand the city engineer must approve the size of base and method of attachment. The artist is aware of the need to space the pieces so that there are no openings that could create an entrapment issue. (Head entrapments: “We know that one of the most serious problems occur when openings on playground equipment are greater than 3.5 inches and less than 9 inches.”) The circle is 19 feet wide and 34 feet long, allowing adequate clearance beyond the tree's 12-foot width. We visualize a raised landscaping bed around the pad with low growing shrubs. The Arlington Garden Club is considering creating a landscape plan and donating plants. Debbi Rhodes: Formerly of Camano Island Debbi Rhodes has been creating art of metal fabrication with many whimsical outdoor sculptures for 15 years. Her passion is to re-purpose cast-off, used-up metal goods into laughable, lyrical sculptures. Most of her creations are meant to add personality and surprise in the garden. She has sculptures in hundreds of local gardens and homes. She also creates works of a more serious nature. Her public art works include an eagle in a roundabout in Lake Stevens, and four different critters on the Camano Gateway Bridge: an eagle, whale, orca and heron. For information about Debbi, see her website at goddessofmetalart.com. The sculpture costs $12,000 and the arts council has the funds to acquire the work this year. AAC does expect assistance from city staff in the installation and maintenance of the art piece that will become part of the permanent collection of the city of Arlington. Please find enclosed an image of a marquette of the proposed sculpture set in the circle. The process for approval begins with the city's Public Art Committee, then to Parks, Arts and Recreation Commission (PARC) and finally, City Council. We would like to have the sculpture approved and installed before the summer festivities. Thanks for considering our proposal. Sincerely, Sarah Arney, President Arlington Arts Council and the Board of Directors: Jean Olson, Andrea Govett, Virginia Hatch, Roberta Baker, Sarah Lopez, Mike Nordine, Vicki Johnson, Sharon Johnson, Steve Baker Camano Island bridge Round about in Lake Stevens Arlington City Council Agenda Bill Item: NB # 2 Attachment C COUNCIL MEETING DATE: February 18, 2014 SUBJECT: Authorization to Offer a Purchase and Sale Agreement on the Opal Property ATTACHMENTS: Location Map DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: $285,000 BUDGET CATEGORY: Airport CIP Fund LEGAL REVIEW: DESCRIPTION: Staff is requesting authorization to offer a purchase and sale agreement on the Opal property. The City Attorney will prepare the purchase and sale agreement. This item was discussed with City Council at their February 10, 2014 workshop and was approved by Airport Commission at their February 11, 2014 meeting. Arlington City Council Agenda Bill Item: NB # 2 Attachment C HISTORY: The Opal property is a 1 acre parcel located adjacent to the airport at the north end off of Cemetery Road. In 2009 the owner of the Opal property expressed interest in selling the property. Staff completed an appraisal and environmental study of the site. In 2009 the property, which does not have any structures on it, was appraised at $292,000. At that time the owner decided not to proceed with the sale. In late 2011 the property owner decided they were once again interested in selling the property. In 2012 staff had a review appraisal conducted on the property and obtained approval from the Airport Commission and City Council to offer a purchase and sale agreement. The property was appraised at $260,000. On August 1, 2012 the airport and property owner entered into a purchase and sale agreement. Additionally, the airport was awarded an FAA grant to pay 90% of the cost of the property. A title report on the property showed liens against the property. The seller was required to provide clear title before the airport could purchase the property. Ultimately the seller was unable to provide clear title within a reasonable time period and in March 2013 the purchase and sale agreement was rescinded. At the end of 2013 the seller notified staff they had resolved the issue with the liens and were now able to provide clear title. The FAA indicated they were still able to fund the purchase of the property but a new appraisal was required. Staff had a new appraisal completed in December 2013. The current appraised value of the property is $285,000. The FAA has agreed to fund the purchase at the new appraised value. Staff has budgeted $270,000 in the CIP Fund in 2014 to purchase the property. There are adequate available funds to cover the increased cost. The property is being purchased because it is within the future Runway Protection Zone for Runway 16. ALTERNATIVES Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDED MOTION: I move to authorize staff to propose a purchase and sale agreement for the Opal property in a form acceptable to the City Attorney. City of Arlington Council Agenda Bill Item: NB #3 Attachment D COUNCIL MEETING DATE: February 18, 2014 SUBJECT: Interlocal with the City of Tucson to Piggy back on a purchasing contract for a Toro Mower ATTACHMENTS: Interlocal with City of Tucson DEPARTMENT OF ORIGIN Administration / Airport EXPENDITURES REQUESTED: BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: The Airport is in need of replacing a wide area mower. Through research, Airport and Administration staff discovered that the City of Tucson, Arizona has a contract with Western Equipment Distributors, Inc. which will save the Airport an additional $2,342 over what would have been saved purchasing the mower through the State of Washington purchasing contract. The execution of the Interlocal will allow the Airport to realize the additional savings. HISTORY: The existing Toro Groundsmaster 580-D wide area mower was purchased at the end of 2002. The Toro mower is one of two primary mowers used on the airport for wide area mowing. The City has executed a number of Interlocals with other jurisdictions over the years to take advantage of better products and pricing. ALTERNATIVES RECOMMENDED MOTION: I move to approve the interlocal agreement with the City of Tuscan to piggy back on a purchasing contract for a Toro mower. MEMO City of Arlington Airport To: Airport Commission From: Dale Carman, Airport Manager Date: February 3, 2014 Subject: New Mower Purchase & Surplus of Existing Mower ISSUE: This item includes two components. The first component is the approval of the purchase of a new Toro Groundsmaster 5910D wide area mower to replace the airport’s existing Toro Groundsmaster 580-D wide area mower. The second component is the approval of a resolution to surplus the existing Toro Groundsmaster 580-D so that the mower can be traded in as part of the purchase of the new mower. BACKGROUND: The existing Toro mower being replaced was purchased towards the end of 2002. The mower has been reliable until recent years when parts have started to deteriorate requiring frequent replacement and resulting in increasing periods of downtime. Staff desires to replace the mower with a similar model. The new Toro Groundsmaster 5910D is the next generation of the 580-D. It cuts the same width and provides for the same level of versatility mowing around objects. Whereas before staff had to fit the 580- D with an after-market enclosed cab, the Groundsmaster 5910D comes with a factory installed enclosed cab. The existing Toro Groundsmaster 580-D will be traded-in as part of the purchase of the new mower. The trade-in value of the existing mower is $4,000. Staff feels the trade-in value is reasonable given that the mower is over 10 years old. Airport staff budgeted $115,500 for the purchase of the mower in the 2014 budget. The current balance in the airport’s equipment replacement fund is $ DISCUSSION & ANALYSIS: When looking to replace the existing Toro Groundsmaster 580-D staff researched other manufacturers to determine whether they offered tight turn mowers with as large a mowing swath (16’) as the new Toro Groundsmaster 5910D. No-one offered mowers with as large a mowing swath. A large mowing swath is critical given the large amount of area mowed on the airport. MEMO City of Arlington Airport Initially staff looked at purchasing the mower off of the state purchasing contract but the sales representative mentioned that the mower was also available to purchase from an existing purchasing contract between Toro and the City of Tucson in Arizona. All that is needed is for the City of Arlington to enter into a memorandum of understanding (MOU) with the City of Tucson to purchase off of the contract. The Tucson contract discounts the mower’s MSRP by 21.8% compared to a 20% discount through the State of Washington purchasing contract (a savings of $2,342). City Council is scheduled to approve the MOU at their February 18th meeting. The price breakdown with the available discount through the Tucson contract for the Toro Groundsmaster 5910D and its accessories are included as an attachment to this memo. Accessories for the mower include a lightbar, aviation radio and back-up alarm. To allow staff to trade in the existing mower as part of the purchase of the new mower staff is requesting the Airport Commission declare the existing mower as surplus. Specifically, the existing mower that needs to be declared as surplus is: Toro Groundsmaster 580-D, Serial Number 230000178 ALTERNATIVES: Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDATION: I move to: 1. Approve the purchase of a new Toro Groundsmaster 5910D from Western Equipment Distributors, Inc. in the amount of $104,792. 2. Declare the existing Toro Groundsmaster 580-D as surplus and to forward a recommendation to City Council that they approve a resolution stating such and authorize the Mayor to sign it. City of Arlington Council Agenda Bill Item: WS #4 Attachment E COUNCIL MEETING DATE: February 18, 2014 SUBJECT: Resolution authorizing the surplus and trade in of a Toro Groundsmaster 580-D wide area mower ATTACHMENTS: Draft Resolution DEPARTMENT OF ORIGIN Administration / Airport EXPENDITURES REQUESTED: BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: The Airport is in need of replacing a wide area mower. Through research, Airport and Administration staff discovered that the City of Tucson, Arizona has a contract with Western Equipment Distributors, Inc. which will save the Airport an additional $2,342 over what would have been saved purchasing the mower through the State of Washington purchasing contract. The attached resolution will authorize the Airport to surplus and trade in the 2002 mower, allowing us to realize a portion of the savings. HISTORY: The existing Toro Groundsmaster 580-D wide area mower was purchased at the end of 2002. The Toro mower is one of two primary mowers used on the airport for wide area mowing. The mower is in need of replacement and has no other useful purpose to the City. ALTERNATIVES RECOMMENDED MOTION: I move to approve the resolution to surplus and trade in the Toro mower. RESOLUTION NO. 2014-xxx 1 RESOLUTION NO. 2014-xxx A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE WHEREAS, the City has purchased the equipment listed on the attached Exhibit “A”; and WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of the City; and NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. The equipment/property described on the attached Exhibit “A” is declared surplus to the needs of the City. 2. Staff is instructed to trade in all items for the best available price, sell all items for the best available price or properly dispose of items that it is unable to sell. Staff is further authorized to dispose of the property via an intergovernmental transfer pursuant to RCW 39.33.010. Passed by the City Council of the City of Arlington at a regular meeting on this ____ day of ____________, 2014. ________________________________ Barbara Tolbert Mayor ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________ Steven J. Peiffle, City Attorney RESOLUTION NO. 2014-xxx 2 EXHIBIT A Year Item Serial # 2002 Toro Groundsmaster 580-D 230000178 City of Arlington Council Agenda Bill Item: NB # 5 Attachment F COUNCIL MEETING DATE: February 18, 2014 SUBJECT: Environment review for proposed UGA expansion west ATTACHMENTS: Map of proposed expansion area DEPARTMENT OF ORIGIN EXPENDITURES REQUESTED: $57,065.37 BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: As part of the request for an expansion of the city’s urban growth area, the city is responsible for the cost of an Environmental Impact Study. The study will include traffic analysis and modeling, amendments to the Snohomish County Comprehensive Plan and property characteristics for population calculations and proposed zoning. Arlington’s portion of this study is $57,065.37 HISTORY: In 2013 the City of Arlington submitted a request to be placed on the Snohomish County Council Docket for an expansion of the City Urban Growth Boundaries to the West of the current City Limits. The docket request was approved and will be heard as part of the 2015 docket and associated changes to the county wide planning policies. ALTERNATIVES RECOMMENDED MOTION: I move to authorize the mayor to approve the UGA expansion environmental study and enter into an agreement with Snohomish County to reimburse the cost of said study in the amount of $57,065.37, subject to final review by the City Attorney.