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HomeMy WebLinkAbout06-16-2014 DRAFT Page 1 of 3 Council Chambers 110 East Third June 2, 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: Allen Johnson, Kristin Banfield, Paul Ellis, Bruce Stedman, Tom Cooper, Bryan Terry, Jim Chase, Jim Kelly, Roxanne Guenzler, and Steve Peiffle – City Attorney Firefighters: Justin Honsowetz, Harold Smith, Phil Knepper, Conner Chess, Cary Stuart, Wayne Mitchell, Gary Carver, Justin Pickens and Brandon Asher Also Known to be Present: Sarah Arney, Mike Hopson, Jacob Kukuch and Bob Nelson 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 Fire Chief Bruce Stedman recognized several firefighters who completed Fire Officer I, Fire Officer II and/or Hazmat training. Funding for the training was provided by the Stillaguamish Tribe grant. Chief Stedman noted seventeen firefighters took advantage of the training on their own time and are to be commended on their accomplishment. PUBLIC COMMENT None 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 May 19 and 27, Council meetings 2. Accounts Payable: EFT Payments & Claims Checks #81913 through #82008 dated May 20, 2014 through June 2, 2014 in the amount of $651,474.23. Payroll: EFT Payments & Payroll Checks #28107 through #28129 for the period May 1, 2014 through May 31, 2014 for $1,217,125.00. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting June 2, 2014 Page 2 of 3 PUBLIC HEARING Ordinance to Repeal Ordinance No. 1418-172nd St NE Design Standards Public Works Director Jim Kelly addressed the agenda item requesting the repeal of Ordinance No. 1418. Public Hearing was opened at 7:08 p.m. to repeal Ordinance No. 1418 regarding 172nd St NE Design Standards. With no one wishing to speak the Public Hearing was closed at 7:08 p.m. Questions and comments followed with Councilmember Raezer requesting conceptual drawings sent to council. NEW BUSINESS Interlocal Agreements with Jamestown Networks for Offsite Data Backup Information Technology Manager Bryan Terry addressed the Interlocal Agreement for offsite data backup. Councilmember Raezer moved and Councilmember Butner seconded the motion to approve the Interlocal Agreement with Jamestown Networks for Ethernet connectivity to the Yakima County data center and authorize the Mayor to sign it. The motion was approved by a unanimous vote. Master Services Agreement with Yakima County for Offsite Data Backups Bryan Terry addressed the Master Services Agreement with Yakima County requesting council approval. Councilmember Raezer moved and Councilmember Nelson seconded the motion to approve the Master Services Contract with the County of Yakima for offsite data storage and authorize the Mayor to sign it. The motion was approved by a unanimous vote. Prairie Creek Phase 2A Bid Award Jim Kelly spoke to the bid for Prairie Creek Phase 2A project requesting council award the bid to Razz Construction. Questions and comments followed. Councilmember Butner moved and Councilmember Oertle seconded the motion to accept the bid provided by Razz Construction for the Prairie Creek Drainage Improvement project, Phase 2A and award the contract to Razz Construction in the amount of $576,932, pending final review by the City Attorney. The motion was approved by a unanimous vote. Resolution Regarding the Creation of a Temporary Public Safety Director City Administrator Allen Johnson spoke to the proposed resolution regarding the creation of a temporary Public Safety Director. Councilmember Stickles moved and Councilmember Nelson seconded the motion to approve the proposed Resolution regarding the creation of a temporary Public Safety Director position. The motion was approved by a unanimous vote. ADMINISTRATOR & STAFF REPORTS City Administrator Allen Johnson provided brief report on the Stilly Valley Economic Recovery meeting held on 6/2/2014. Counsel Peiffle reported the court has made an oral ruling on the Dwayne Lane appeal. The judge sent the case back to the hearing examiner for specific flooding related issues. Minutes of the City of Arlington City Council Meeting June 2, 2014 Page 3 of 3 COUNCIL MEMBER & MAYOR REPORTS Councilmembers Stickles, Nelson, Oertle and Schuette provided brief reports while councilmembers Tendering, Raezer and Butner had nothing to report at this time. Mayor Tolbert provided recap on the Stilly Valley Economic Recovery meeting. 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 7:45 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street June 9, 2014 Councilmembers Present: Dick Butner, Randy Tendering, Marilyn Oertle, Debora Nelson, Chris Raezer, Jan Schuette, and Jesica Stickles Staff Present: Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Jim Kelly, Bill Blake, Kurt Patterson, Eric Scott, Tim Mensonides, Deana Dean, and City Attorney Steve Peiffle. Council Members Absent: None Also Known to be Present: Kirk Boxleitner, Bob Nelson, Sarah Arney, Mike Hopson, Robert Baker, and Greg Rainwater Mayor Tolbert called the meeting to order at 7:03 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 Floodplain Code Update Storm Water & Natural Resources Manager Bill Blake reviewed the floodplain updates and answered council questions. Beer/Wine Tasting for Art in the Park Event Assistant City Administrator Kristin Banfield, and Art Council members Sarah Arney and Roberta Baker spoke to the proposal to allow beer/wine tasting at Legion Park art events. Discussion and questions followed. Staff will prepare an ordinance for council review. Ordinance revising Gambling Tax Code and Resolution regarding raffle tax for the Arlington Rotary Club Community and Economic Development Director Paul Ellis reviewed the amendment to the gambling tax ordinance exempting raffles when conducted by a nonprofit entity and the resolution accepting the Haller Park improvements by the Rotary Club in lieu of receiving any gambling tax otherwise payable. Memorial Naming of Airport Airport Coordinator Tim Mensonides and Black Jack Squadron member Greg Rainwater discussed the request from the Black Jack Squadron to dedicate a local field name for the airport and place a memorial marker in memory of Wes Schierman. Brief discussion followed. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop DRAFT June 9, 2014 Page 2 of 2 Extension of the Airport Use Agreement with Washington State Military Department Paul Ellis spoke to the proposed MOU which provides a staging area at the airport in the event of an emergency. Council questions and brief discussion followed. 2014 Utilities Project Apparent Low Bidder City Engineer Eric Scott spoke to the 2014 Utility Improvement Project and request for bids. He indicated the low bidder was Interwest Construction at $1,112,446.51. Brief discussion followed. Resolution Increasing Change Fund for Community Development Paul Ellis and Finance Director Jim Chase spoke to the request to increase the change fund for community development from $100 to $200. Short discussion followed. 2014 Equipment and Vehicle Replacement Kristin Banfield, Paul Ellis, Jim Chase, and Central Purchasing Coordinator Kurt Patterson reviewed the 2014 equipment and vehicle purchases as well as financing options. Lengthy discussion followed. Miscellaneous Council Items Public Comment Executive Session The Council recessed at 8:05 p.m. for Executive Session to review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)] lasting approximately 20 minutes. Reconvene Council reconvened at 8:28 p.m. Discussion regarding upcoming fall council retreat followed. Adjournment The meeting was adjourned at 8:46 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: PH #1 Attachment B COUNCIL MEETING DATE: June 16, 2014 SUBJECT: Floodplain Code Update ATTACHMENTS: FEMA Letter, Draft Ordinance, Biological Opinion Checklist (BiOp) DEPARTMENT OF ORIGIN Public Works – Bill Blake EXPENDITURES REQUESTED: None BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: Update the City of Arlington Floodplain regulations to meet the new FEMA requirements associated with the National Marine Fisheries Service Biological Opinion (BiOp). HISTORY: FEMA sent a letter to the City in November of 2013 informing the City we needed to update our floodplain regulations to meet the updated BiOp checklist. The letter allowed a six- month period for the update. Staff developed the updated language and sent to City Attorney for review. The update includes one change in 20.64 floodplain regulations, and one change in 20.93 Critical Areas in Shorelines. The draft updates have been shared with FEMA and Department of Ecology for review. The updates were discussed at the June 9, 2014 City Council Workshop. ALTERNATIVES 1. Approve the ordinance as written 2. Approve the ordinance as amended. 3. Do not make a motion to approve the ordinance. RECOMMENDED MOTION: I move to approve the proposed Ordinance updating AMC sections 20.64.150 and 20.93.530. ORDINANCE NO. 2014-XXX 1 ORDINANCE NO. 2014--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING REVISIONS TO THE CITY’S FLOODPLAIN DEVELOPMENT REGULATIONS TO COMPLY WITH THE NATIONAL FLOOD INSURANCE PROGRAM WHEREAS, the City of Arlington has the authority to regulate land uses within the City; and WHEREAS, the City of Arlington has consulted with FEMA concerning the City’s compliance with the September 22, 2008 Biological Opinion of the National Marine Fisheries Service (NMFS); and WHEREAS, the Planning Commission conducted a public hearing on the proposed revisions on ______________________; and WHEREAS, the City Council wishes to approve the amendments to the city’s development regulations; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Section 20.64.060(a) shall be and hereby is amended to read as follows: 20.64.060 (a) Basis for Establishing the Areas of Special Flood Hazard. \ (a) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Snohomish County and incorporated Areas” (in which the City of Arlington is incorporated) dated September 16, 2005 29, 2006, or as amended, with an accompanying Flood Insurance Rate Map (FIRM), as amended, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at Arlington City Hall, 238 North Olympic, Arlington, Washington. The best available information for flood hazard area identification as outlined in Subsection (b) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under Subsection (b). Section 2. Arlington Municipal Code section 20.64.150(b) shall be and hereby is amended to read as follows: ORDINANCE NO. 2014-XXX 2 (b) General Development standards to be followed in Special Flood Hazard Area include: 1. If a lot has a buildable site out of the Special Flood Hazard Area, all new structures shall be located there, when feasible. If the lot is fully in the floodplain, structures must be located to have the least impact on salmon. 2. Stormwater and drainage features shall incorporate low impact development techniques that mimic pre-development hydrologic conditions, when technically feasible. 3. Creation of new impervious surfaces shall not exceed 10 percent of the surface area of the portion of the lot in the floodplain unless mitigation is provided and maintained that functions as “10% effective impervious surface”. 4. Any loss of floodplain storage shall be avoided, rectified or compensated for as identified in (20.88.530) 5. Uses that are not permitted in the Protected Area unless shown not to adversely affect water quality, habitat, etc., include septic tanks and drain fields, dumping of any material, hazardous or sanitary waste landfills: receiving area for toxic or hazardous waste or other contaminants. 6. a. The proposed action must be designed and located so that new structural flood protection is not needed. b. When there is a need to repair existing bank stabilization structures or protect existing infrastructure the applicant shall utilize bioengineering per the Integrated Streambank Protection Guidelines (2003). 7. New road crossing over ESA listed streams within the special flood hazard area are prohibited unless a concurrence letter from NMFS or a habitat assessment demonstrating “no adverse affect” is received. 8. Uses that are allowed in the existing or equivalent zoning and do not require an up-zoning increasing floodplain development densities, or participate in a TDR program that results in an equivalent or greater area of Stillaguamish floodplain to be protected from development in perpetuity. Section 3. Arlington Municipal Code Section 20.93.530 shall be and hereby is amended to read as follows: All land uses and development proposals shall comply with the regulations for general and specific flood hazard protection (see Chapter 20.64, Floodways, Floodplains, Drainage, and Erosion). Development shall not reduce the effective base flood storage volume. Reduction of the floodwater storage volume effectiveness due to grading, construction, or other regulated activities shall be ORDINANCE NO. 2014-XXX 3 compensated for by creating on- or off-site detention and/or retention ponds. Effective storage capacity must be maintained. When new flood storage is being constructed to mitigate for loss of flood storage area that is in the floodplain but not vegetated and not used as salmon habitat the effective storage must be constructed in a manner that will not cause stranding of fish. When new flood storage is being constructed to mitigate for loss of flood storage in an area with existing native vegetation and used by salmon for habitat it must be revegetated with native plants and graded to prevent stranding. Base flood data and flood hazard notes shall be on the face of any recorded plat or site plan including, but not limited to, base flood elevations, flood protection elevation, boundary of floodplain and zero rise floodway. Section 4. Severability. If any 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 5. Effective Date. This ordinance shall be effective five days from its adoption and publication as required by law. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2014. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: Kristin Banfield, City Clerk Approved as to form: ORDINANCE NO. 2014-XXX 4 Steven J. Peiffle City Attorney Floodplain Management and the Endangered Species Act Checklist for Programmatic Compliance November, 2013 Region 10 Community Checklist for the National Flood Insurance Program and the Endangered Species Act Produced by FEMA - Region 10 January 2012 FEMA Region 10 For additional information or copies of this guidance: Federal Emergency Management Agency Attn: Mitigation Division Federal Regional Center, Region 10 130 228th St. SW Bothell, WA 98021-9796 (425) 487-4600 www.fema.gov/regionx/nfipesa.shtm Contents National Flood Insurance Program ............................................................................................................... 7 The Biological Opinion ................................................................................................................................. 8 Biological Opinion Checklist ........................................................................................................................ 9 NFIP Ordinance Checklist .......................................................................................................................... 18 Riverine Communities .......................................................................................................................... 18 Communities with Shallow Flooding ................................................................................................... 25 Communities with Coastal Velocity (V) Zones ................................................................................... 26 Definitions ............................................................................................................................................ 28 Submittal Procedures .................................................................................................................................. 31 Acknowledgements This guidance document was developed by Region X of the Department of Homeland Security Federal Emergency Management Agency, as part of its continuing effort to improve floodplain management practices and assist communities in meeting the requirements of the Endangered Species Act. It was prepared with the advice and assistance of a special advisory committee that included representatives from: ─ City of Auburn ─ City of Carnation ─ City of Everett ─ Jefferson County ─ King County ─ City of Lacey ─ Lummi Nation ─ City of Monroe ─ National Marine Fisheries Service ─ Pierce County ─ San Juan County ─ Snohomish County ─ City of Tukwila ─ Washington State Department of Ecology ─ Whatcom County While some comments were not incorporated, the reviews of each agency in a common endeavor to make this a useful regulatory tool are appreciated. This document was drafted by French & Associates, Ltd., Steilacoom, ESA Adolfson, Seattle, and PBS&J, Seattle, through an arrangement with the Insurance Services Office and the Community Rating System. This document was reviewed and commented upon by Edward A. Thomas Esq., of Michael Baker Jr., Inc. Washington NFIP-ESA 7 November 2013 Programmatic Checklist National Flood Insurance Program The National Flood Insurance Program (NFIP) was created in 1968 as a way to offer an alternative to disaster assistance for properties subject to flood damage. In return for federally supported flood insurance, local governments had to agree to regulate development in their floodplains in accordance with the Program’s criteria. Since 1979, the program has been administered by the Federal Emergency Management Agency (FEMA). The NFIP has proven very effective as a way to shift the cost of flood damage from taxpayers to insurance policy holders. It has also steered development away from floodplains and set construction standards for development that is allowed. As an insurance driven program, the NFIP is funded by insurance premiums, not tax dollars. The program is focused on protecting all new and substantially improved buildings. It sets minimum floodplain management standards that protect new buildings. As a result, buildings in the floodplain that meet the NFIP standards suffer 80% less flood damage than buildings constructed before the requirements went into effect. Under the floodway concept, the NFIP prevents development from substantially increasing flood damage on other properties. However, while the minimum requirements of the NFIP protect the public health, safety, and welfare of the community by protecting buildings from the 100-year, or 1% chance flood, the program was not intended to address other floodplain management concerns, such as riparian habitat. Local ordinances that only address protecting insurable buildings may not protect natural and beneficial floodplain functions. Regulations that just meet the minimum NFIP requirements do not protect property from greater than 100-year floods and floods that occur outside the mapped Special Flood Hazard Area. While buildings can be built to minimize 100-year flood damage, people may still be exposed to flood hazards, especially residents of floodprone homes who cannot get out in time (see box). Accordingly, it is a good practice (and FEMA recommends) that communities consider the NFIP as a starting point, and adopt higher regulatory standards that better meet local needs. In 2008, the National Marine Fisheries Service issued a Biological Opinion. That opinion noted that continued implementation of the NFIP in the Puget Sound adversely affects the habitat of certain threatened and endangered species. River rescue: In 1988, a home was constructed in the floodplain fringe of the Carbon River. It met all of the construction standards of the NFIP. When the Carbon River started to flood in 2007, the family tried to drive to high ground. Their van got stuck in waters that were too fast and deep for the Sheriff Department’s river rescue team. A Coast Guard helicopter had to come to the rescue, hovering over the van and winching each person up, one at a time. In order to prevent such situations from occurring, Pierce County amended its floodway mapping standard to account for deep and fast moving water − a standard that exceeds the NFIP minimum require- ment adopted to protect lives and reduce public expenses. This Washington home is one of many built to NFIP standards that were not demolished by the 2007 Chehlalis River flood. Washington NFIP-ESA 8 November 2013 Programmatic Checklist The Biological Opinion A background on how floodplain development can affect habitat is included in Appendix C. On September 22, 2008, the National Marine Fisheries Service (NMFS) issued a Biological Opinion that required changes to the implementation of the National Flood Insurance Program in order to meet the requirements of the Endangered Species Act (ESA) in the Puget Sound watershed. FEMA offers two ways to meet this ESA requirement: 1. Prohibit all development in the floodway and other areas as specified by the RPA. 2. Enact regulations that allow development that meet the criteria specified in the Biological Opinion by either: a. Adopting this Model Ordinance, or b. Enforcing the same requirements in other ordinances, such as the growth management, zoning, or critical areas regulations. If a community chooses not to enact regulations under the two options described above, then a third option of showing compliance with ESA on a permit by permit basis will be required. This will typically involve requiring applicants for floodplain development permits to require habitat assessments. Conducting the assessment and preparing a habitat mitigation plan are explained in more detail in Regional Guidance for Floodplain Habitat Assessment and Mitigation (see Appendix A). If option 3 is chosen, NFIP communities must ensure that permit applicants have demonstrated compliance with ESA before issuing a floodplain development permit. Option 2 is generally preferred by most communities. Option 2.b. may be an easier route for those cities and counties that have critical area and shoreline management regulations. For those communities, the Biological Opinion Checklist can be used to identify if they need to amend their existing regulations to meet the Biological Opinion’s criteria. If the checklist shows that additional regulations need to be adopted, language from the noted section in the Model Ordinance can be used. It should be noted that the NFIP regulations (44 CFR 60.3(a) (2)) require participating communities “to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law.” Under options 2.a. and b, NFIP communities must ensure that permit applicants meet the criteria established in the Biological Opinion. If option 3 is chosen, NFIP communities must ensure that permit applicants projects have no adverse effect or the project can otherwise demonstrate compliance with the ESA before issuing a floodplain development permit. Washington NFIP-ESA 9 November 2013 Programmatic Checklist Biological Opinion Checklist A community may choose to demonstrate that their local ordinances, processes, and written procedures meet or exceed the performance standards set forth in the Biological Opinion Reasonable and Prudent Alternative elements 2 and 3 and Appendix 4 in addition to the performance standards of the minimum NFIP program. The community must show where its regulations, processes, and procedures meet the minimum criteria for the NFIP (44 CFR 59 – 60) and the Endangered Species Act (as clarified by the Biological Opinion, RPA elements 2 and 3 and Appendix 4). The checklist for the minimum NFIP requirements starts on page 16. This checklist is for the ESA/Biological Opinion criteria. The requirements are abbreviated here. The full requirements are found in the Biological Opinion and the errata sheets. The recommended regulatory language is in the noted sections of the NFIP ESA Model Ordinance. If the community already has adopted the provision, the ordinance section or other regulatory reference should be entered in the third column. If the community’s regulations do not fulfill the provision, the noted language in the NFIP ESA Model Ordinance can be used. If a community believes that their ordinances, processes, and written procedures meet the no adverse effect standard of the Reasonable and Prudent Alternative, yet do not meet the specific performance criteria as set forth in that Reasonable and Prudent Alternative, then the community may submit their language to FEMA along with any background documentation (i.e. best available science) and rationale for why the stated language meets the performance standard for FEMA to review. FEMA will conduct a review of the documentation and provide technical assistance or a concurrence letter to the community once the review is complete. Washington NFIP-ESA 10 November 2013 Programmatic Checklist Biological Opinion Provision ESA Reference Model Ordinance Section Community Regulations Citation Community Comments and Explanations 1. Activities Affected All “development” in the areas affected must comply with these provisions. The BiOp added the last two phrases to the NFIP definition of “development:” any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials, subdivision of land, removal of substantial amounts of vegetation, or alteration of natural site characteristics. App. 4, footnote 23 2. Definitions 2. Mapping Criteria a. In addition to the Special Flood Hazard Area (SFHA) and floodway on the community’s Flood Insurance Rate Map, the following areas are delineated (communitywide or permit by permit). Washington NFIP-ESA 11 November 2013 Programmatic Checklist 1) Riparian habitat zone (RHZ), • 250 ft. for Type S Streams • 200ft. for Type F streams greater than 5 ft. wide and marine shorelines • 150 ft. for Type F streams less than 5 ft. wide for lakes • 150 ft to 225 ft for Type N perennial and seasonal streams depending on slop stability RPA 3.A, App. 4, Section 1, 5/14/09 Errata letter page 6 3.4.C 2) Channel migration zone (CMZ) plus 50 feet, RPA 3.A, App. 4, Section 1 3.4.D b. New mapping must consider future conditions and the cumulative effects from future land-use change. RPA 2.C 3.5.F c. Communities are encouraged to consider identifying and evaluating the risk of flooding behind 100-year levees based on future conditions and cumulative effects RPA 2 D d. Communities must use the most restrictive data available for the channel migration zone, floodways, future conditions, and riparian habitat areas. App. 4, Section 3.12 3.5G Washington NFIP-ESA 12 November 2013 Programmatic Checklist 3. Administrative Procedures a. The application for a permit to develop in the affected area must include the elevations of the 10-, 50-, and 100-year floods, where such data are available App. 4, Section 3.4 4.2.A.3 b. The applicant must record a Notice on Title that the property contains land within the RHZ and/or 100-year floodplain before a permit may be issued. App. 4, Section 3.9 5.1.G c. Communities that permit development must track the projects for which they issue floodplain development permits, including effects to flood storage ,fish habitat, all indirect effects of development, and mitigation provided. App. 4, Section 4 4.5.F, 4.5.G 4. General Development Standards a. If a lot has a buildable site out of the Special Flood Hazard Area, all new structures shall be located there, when feasible. If the lot is fully in the floodplain, structures must be located to have the least impact on salmon. App. 4, Sections 3.1 and 3.11 5.2.A b. Stormwater and drainage features shall incorporate low impact development techniques that mimic pre-development hydrologic conditions, when technically feasible. RPA 3.A.3.B and 4.A 5.2.B.1 Note 1 Washington NFIP-ESA 13 November 2013 Programmatic Checklist c. Creation of new impervious surfaces shall not exceed 10 percent of the surface area of the portion of the lot in the floodplain unless mitigation is provided. App. 4, Section 3.6 5.2.B.2 d. Any loss of floodplain storage and fish habitat functions shall be avoided, rectified or compensated for. New flood storage/habitat areas must be graded and vegetated to allow fish refugia during flood events and return to main channel as floodwaters recede without creating stranding risks. Any compensation off site must be in a priority floodplain restoration area identified in the associated ESU Recovery Plan for listed species. RPA 3.A.3.b, App. 4, Section 2 7.6 e. Uses that are not permitted in the Protected Area2 unless shown not to adversely affect water quality, habitat, and large woody debris include septic tanks and drain fields, dumping of any materials, hazardous or sanitary waste landfills; receiving areas for toxic or hazardous waste or other contaminants. App. 4, Section 1 5.3 Washington NFIP-ESA 14 November 2013 Programmatic Checklist 5. Habitat Protection Standards a. Require that improvements, repairs, or expansions of existing buildings in the floodplain be limited to no more than 10 percent of the existing footprint (i.e., when building and other structures such as garages are substantially damaged or expanded in the floodplain), unless mitigation for any adverse effects to species or their habitat is provided RPA 3.A.4 7.2.B b. Removal of native vegetation must leave 65 percent of the surface area of the portion of the property in the floodplain in an undeveloped state. App. 4, Section 3.7 7.4 c. The community must prohibit development in the protected area (floodway, RHZ, and CMZ plus 50 feet) or demonstrate that any proposed development in the area does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. The only form of mitigation allowed in the protected area is avoidance. No compensatory mitigation is allowed within the protected area. RPA 3.A.2, App. 4, Section 1, 4 7.7 7.8 Washington NFIP-ESA 15 November 2013 Programmatic Checklist d. Any development outside the Protected Area must mitigate for adverse indirect effects on functions such that equivalent or better salmon habitat protection is provided for: 1) Stormwater: Reduce flood volumes and stormwater runoff from new development by ensuring that increased volumes of stormwater reach the river at the same frequency, timing and duration as historical runoff. LID is required to be incorporated as described in Section 4(b) above. 2) Riparian vegetation: maintain or replace riparian function by providing equivalent area, diversity, and function of riparian vegetation as currentl y exists on the site. Riparian retention requirements are outlined in Section 5(b). 3) Hyporheic zones: No activity is allowed that interferes with the natural exchange of flow between surface water, groundwater, and hyporheic zone, however, natural hyporheic exchange may be enhanced or restored. 4) Wetlands: Wetland function must be maintained or replaced by providing equivalent function. 5) Large woody debris: Any large woody debris (LWD) removed from the floodplain must be replaced in kind, replicating or improving the quantity, size, and species of the existing LWD. App. 4, Section 3, 3.5 Note 3 7.7 7.8 Washington NFIP-ESA 16 November 2013 Programmatic Checklist e. In the SFHA outside the Protected Area, require zoning to maintain a low density of floodplain development. Concepts of cluster development, density transfer, credits and bonuses, planned unit development, and transfer of development rights shall be employed wherever possible App. 4, Section 3.2, 3.11 5.1.B f. All structures must be set back at least 15 feet from the Protected Area and sited as close to the SFHA boundary as possible App. 4, Section 3.3 5.2.A.3 g. The proposed action must be designed and located so that new structural flood protection is not needed App. 4, Section 3.8 4.2.E h. New road crossings over streams are prohibited outside the Protected Area App. 4, Section 3.10 7.8.A.4 Note 4. i. All bank stabilization measures requiring armoring of the streambank or shoreline shall utilize bioengineering per the Integrated Streambank Protection Guidelines 2003 (for riverine shorelines) or the State Shorelines Guidelines on bank stabilization (2003) (for estuarine and marine shorelines). App. 4, Section 3 4.2.F Commentar y Note 1. The 2012 SWMMWW requires communities to incorporate LID into their stormwater management regulations in order to comply with the NPDES permit. Compliance with these provisions of the 2012 SWMMWW will be considered compliant with this provision of the Biological Opinion. Note 2. The Protected Area is defined as the greater of the Floodway, the Channel Migration Zone (see 2.A.2), and the Riparian Habitat Zone (see 2.A.1) within the FEMA mapped Special Flood Hazard Area. Washington NFIP-ESA 17 November 2013 Programmatic Checklist Note 3. Appendix 4 of the Biological Opinion requires the use of specific guidance documents in order to adhere to the requirements. • LID: PSAT 2002 (updated 2005) • Riparian Vegetation: WDFW riparian management recommendations (Knutson and Naef 1997) • Hyperheic Zones:Bolton and Shelborg, 2001 • Wetlands: McMillan 1998 • Large Woody Debris: WDFWAquatic Habitat Guidelines Note 4. While new stream crossings are prohibited in areas outside the protected area, if an applicant provides approval for the stream crossing as a result of another federal process (Sec 4d, 7 or 10) then it is allowable, Washington NFIP-ESA 18 November 2013 Programmatic Checklist NFIP Ordinance Checklist For more information on this checklist, contact the FEMA Regional Office. The “A – E” columns are based on the data provided on the community’s Flood Insurance Rate Map: A = Flood Hazard Boundary Map B = Flood Insurance Rate Map without elevation C = Flood Insurance Rate Map with base flood elevations D = Flood Insurance Rate Map with floodways E = Flood Insurance Rate Map with floodways and V zones Blacked out sections are not applicable. Riverine Communities CRITERIA & MODEL ORDINANCE REFERENCE A B C D E FEDERAL REGULATION REFERENCE MODEL ORDINANCE 3.2.A BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for (__community name__) “ dated (___), (20__), and any revisions thereto*, with an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto*, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at (__community address__). The best available information for flood hazard area identification as outlined in Sections 3.2, 3.3, and 3.5 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Sections 3.3.F and 3.5. * In some communities, the phrase “and any revisions thereto” is not considered legally binding and should not be adopted. 44 CFR 60.3(c)(1)d)(2) MODEL ORDINANCE 4.1 DEVELOPMENT PERMIT REQUIRED A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. The permit shall be for all structures including manufactured homes, as set forth in the “Definitions,” and for all development including fill and other activities, also as set forth in the “Definitions.” 44 CFR 60.3(b)(1) Washington NFIP-ESA 19 November 2013 Programmatic Checklist MODEL ORDINANCE 4.2.F, 4.5.B, 4.7.A.3 PERMIT REVIEW Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. 44 CFR 60.3(a)(2) MODEL ORDINANCE 3.3.F USE OF OTHER BASE FLOOD DATA When base flood elevation data has not been provided (in A or V Zones) in accordance with Section 3.2, the (Local Administrator) shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 6, and 7.5. 44 CFR 60.3(b)(4) MODEL ORDINANCE 4.2.C, 4.5.F, 4.7.A.1 INFORMATION TO BE OBTAINED AND MAINTAINED (1) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in Section 3.3, obtain and record the actual (as-built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in Section 3.3: (i) Obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed, (ii) Maintain the floodproofing certifications required in Sections 4.2.D, 6.3.D. (3) Maintain for public inspection all records pertaining to the provision of this ordinance. 44 CFR 60.3(b)(5)(i) 44 CFR 60.3(b)(5)(ii) 44 CFR 60.3(b)(5)(iii) MODEL ORDINANCE 7.9.B ALTERATION OF WATERCOURSES Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 44 CFR 60.3(b)(6) Washington NFIP-ESA 20 November 2013 Programmatic Checklist MODEL ORDINANCE 7.9.C ALTERATION OF WATERCOURSES Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 44 CFR 60.3(b)(6) MODEL ORDINANCE 6.2.C ANCHORING All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 44 CFR 60.3(a)(3)(i) MODEL ORDINANCE 6.4.B ANCHORING All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. For more detailed information, refer to guidebook, FEMA-85, “Manufactured Home Installation in Flood Hazard Areas.” 44 CFR 60.3(b)(8) MODEL ORDINANCE 6.2.D CONSTRUCTION MATERIALS AND METHODS All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 44 CFR 60.3(a)(3)(ii) MODEL ORDINANCE 6.2 − 6.6 CONSTRUCTION MATERIALS AND METHODS All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 44 CFR 60.3(a)(3)(iii) MODEL ORDINANCE 6.2.E CONSTRUCTION MATERIALS AND METHODS Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 44 CFR 60.3(a)(3)(iv) MODEL ORDINANCE 6.7 UTILITIES (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; 44 CFR 60.3(a)(5) WAC 173-160-171 Washington NFIP-ESA 21 November 2013 Programmatic Checklist (2) Water wells shall be located on high ground that is not in the floodway* (3) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and (4) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. * FEMA endorses the more restrictive WA floodway standard identified in WAC 173-160-171 44 CFR 60.3(a)(6)(i) 44 CFR 60.3(a)(6)(ii) MODEL ORDINANCE 5.1 SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; Section 3.5.C − (4) Where base flood elevation data has not been provided or is not available from another authorized source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres (whichever is less). 44 CFR 60.3(a)(4)(b)(3) 44 CFR 60.3(a)(4)(i) 44 CFR 60.3(a)(4)(iii) 44 CFR 60.3(b)(3) MODEL ORDINANCE 6.2 RESIDENTIAL CONSTRUCTION (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more* above the base flood elevation (BFE). * Minimum standards require the lowest floor to be elevated “to or above” the BFE; however, adding an additional foot of freeboard increases safety and reduces insurance premiums and its adoption is strongly encouraged by FEMA. This note applies throughout the model ordinance. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 44 CFR 60.3(c)(2) 44 CFR 60.3(c)(5) Washington NFIP-ESA 22 November 2013 Programmatic Checklist (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. MODEL ORDINANCE 6.3 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) Be floodproofed so that below one foot or more above the base flood level of the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads including the effects of buoyancy (3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in Sections 4.2.D, 4.6, 4.7.A.1; (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in 6.2; 44 CFR 60.3(c)(3)(i) 44 CFR 60.3(c)(3)(ii) 44 CFR 60.3(c)(4)(i) 44 CFR 60.3(C)(5) MODEL ORDINANCE 6.4 MANUFACTURED HOMES (1) All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement*. * If this phrase is applied to all manufactured homes in the floodplain, then the remaining verbiage is not necessary to adopt. − It’s applied to all manufactured homes in the NFIP- ESA Model 44 CFR 60.3(c)(6) Washington NFIP-ESA 23 November 2013 Programmatic Checklist This applies to manufactured homes: (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on a site which a manufactured home has incurred “substantial damage” as the result of a flood; and (2) Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: (i) The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 44 CFR 60.3(c)(6)(i) 44 CFR 60.3(c)(6)(ii) 44 CFR 60.3(c)(6)(iii) 44 CFR 60.3(c)(6)(iv) 44 CFR 60.3(c)(12) 44 CFR 60.3(c)(12)(i) 44 CFR 60.3(c)(12)(ii) MODEL ORDINANCE 6.5 RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to either: (i) Be on the site for fewer than 180 consecutive days, (or) (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (iii) Meet the requirements of 6.4 above and the elevation and anchoring requirements for manufactured homes. 44 CFR 60.3(c)(14)(i-iii) MODEL ORDINANCE 3.5, 7.5.B AE AND A1-30 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 44 CFR 60.3(c)(10) Washington NFIP-ESA 24 November 2013 Programmatic Checklist MODEL ORDINANCE 7.5.A FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. 44 CFR 60.3(d) 44 CFR 60.3(d)(3) WAC 173-158-070 Washington NFIP-ESA 25 November 2013 Programmatic Checklist Communities with Shallow Flooding CRITERIA & MODEL ORDINANCE REFERENCE A B C D E FEDERAL REGULATION REFERENCE MODEL ORDINANCE 3.3.B, plus others, as noted STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES) Section 6.2 − (1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified). Section 6.3 − (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: (i) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or (ii) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer, or architect as in sections 4.2.D, 4.6, 4.7.A.1. Sections 5.1.E, 5.2.C − (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. Section 6.5 − (4) Recreational vehicles placed on sites within AO Zones on the community’s FIRM either: (i) Be on the site for fewer than 180 consecutive days, or (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (iii) Meet the requirements of 5.5(1) and 5.5(3) above and the anchoring requirements for manufactured homes (Section 6.4.B). 44 CFR 60.3(c)(7) 44 CFR 60.3(c)(8) 44 CFR 60.3(c)(8)(ii) 44 CFR 60.3(c)(11) Washington NFIP-ESA 26 November 2013 Programmatic Checklist Communities with Coastal Velocity (V) Zones CRITERIA & MODEL ORDINANCE REFERENCE E FEDERAL REGULATION REFERENCE MODEL ORDINANCE 6.2.G, plus others, as noted COASTAL HIGH HAZARD AREAS Located within areas of special flood hazard established in Section 3.2 are Coastal High Hazard Areas, designated as Zones V1-30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this ordinance, the following provisions shall also apply: 1) All new construction and substantial improvements in Zones V1-30 and VE (V if base flood elevation data is available) on the community’s FIRM shall be elevated on pilings and columns so that: i) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level; and ii) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Section 6.2.G.6. Sections 4.2.C, 4.7.A.1 − 2) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1-30, VE, and V on the community’s FIRM and whether or not such structures contain a basement. The (Local Administrator) shall maintain a record of all such information. Section 6.2.G.4 − 3) All new construction within Zones V1-30, VE, and V on the community’s FIRM shall be located landward of the reach of mean high tide. Breakaway walls are not in the Model Ordinance. There is a note in the commentary that they are allowed and a reference to Technical Bulletin 9-99. 4) Provide that all new construction and substantial improvements within Zones V1-30, VE, and V on the community’s FIRM have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or State OPTIONAL PROVISION 44 CFR 60.3(e)(4) 44 CFR 60.3(e)(4)(i) 44 CFR 60.3(e)(4)(ii) 44 CFR 60.3(e)(2) 44 CFR 60.3(e)(3) 44 CFR 60.3(e)(5) 44 CFR 60.3(e)(5)(i) Washington NFIP-ESA 27 November 2013 Programmatic Checklist codes) may be permitted only if a registered professional engineer or architect certifies that the design proposed meets the following conditions: i) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. Section 6.2.G.5 − 5) Prohibit the use of fill for structural support of buildings within Zones V1-30, VE, and V on the community’s FIRM. Section 5.5 − 6) Prohibit man-made alteration of sand dunes within Zones V1- 30, VE, and V on the community’s FIRM which would increase potential flood damage. Sections 6.4. 6.2.G − 7) All manufactured homes to be placed or substantially improved within Zones V1-30, V, and VE on the community's FIRM on sites: i) Outside of a manufactured home park or subdivision, ii) In a new manufactured home park or subdivision, iii) In an expansion to an existing manufactured home park or subdivision, or iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood; shall meet the standards of paragraphs (1) through (6) of this section and manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V, and VE on the FIRM shall meet the requirements of Section 6.4. Section 6.5 − 8) Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community’s FIRM either: i) Be on the site for fewer than 180 consecutive days, or ii) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or iii) Meet the requirements of Section 4.1 and paragraphs 1) through 6) of this section. 44 CFR 60.3(e)(6) 44 CFR 60.3(e)(7) 44 CFR 60.3(e)(8)(i-iv) 44 CFR 60.3(e)(9)(i-iii) Washington NFIP-ESA 28 November 2013 Programmatic Checklist Definitions CRITERIA & MODEL ORDINANCE REFERENCE INCLUDED IN ORD: Yes No FEDERAL REGULATION REFERENCE 44 CFR 59.1 AREA OF SPECIAL FLOOD HAZARD: is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. BASE FLOOD: the flood having a 1% chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”). Designated on Flood Insurance Rate Maps by the letters A or V. BASEMENT: means any area of the building having its floor sub- grade (below ground level) on all sides. CRITICAL FACILITY: means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. DEVELOPMENT: means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. FLOOD or FLOODING: means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1) The overflow of inland or tidal waters and/or 2) The unusual and rapid accumulation of runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM): means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS): means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Maps, and the water surface elevation of the base flood. FLOODWAY: means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. LOWEST FLOOR: means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or Washington NFIP-ESA 29 November 2013 Programmatic Checklist storage in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of this ordinance found at Section 6.2.F, (i.e. provided there are adequate flood ventilation openings). MANUFACTURED HOME: means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” MANUFACTURED HOME PARK OR SUBDIVISION: means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION: means structures for which the “start of construction” commenced on or after the effective date of this ordinance. RECREATIONAL VEHICLE: means a vehicle, 1) Built on a single chassis; 2) 400 square feet or less when measured at the largest horizontal projection; 3) Designed to be self-propelled or permanently towable by a light duty truck; and 4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION: includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE: a walled and roofed building, including a gas or liquid storage tank that is principally above ground. Washington NFIP-ESA 30 November 2013 Programmatic Checklist SUBSTANTIAL DAMAGE: means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1) Before the improvement or repair is started; or 2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term can exclude: 1) Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE: means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance. Washington NFIP-ESA 31 November 2013 Programmatic Checklist Submittal Procedures A community wishing to use the Washington NFIP-ESA Checklist demonstrate compliance with the performance standards of the NFIP Biological Opinion, should submit package to: FEMA Region X Mitigation Division NFIP/ESA Compliance 130 228th Street SW Bothell, Washington 98021 Included in the package should be: • An annotated copy of the checklist identifying the appropriate ordinance, processes, or written procedures in column • A copy of any of the referenced sections of ordinances, processes, or written procedures • A copy of any supporting documentation referenced in the submittal materials (i.e. Best Available Science). • A copy of any maps to support the documentation (GIS files are preferred). For more information please visit our website at: www.fema.gov/regionx/nfipesa.shtm City of Arlington Council Agenda Bill Item: NB #1 Attachment C COUNCIL MEETING DATE: June 16, 2014 SUBJECT: Ordinance to repeal Arlington Municipal Code (AMC) chapter 20.45 regarding 172nd street design standards ATTACHMENTS: - Draft Ordinance repealing AMC 20.45 regarding 172nd Street design standards - Road cross section adopted by AMC 20.45 DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: $ 0 BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Staff is recommending action to repeal AMC 20.45 allowing 172nd St design to move forward based on current traffic conditions, community needs, and available funding. HISTORY: In 2007 the City passed an ordinance creating Arlington Municipal Code 20.45 that specifies how 172nd Street would be designed; this code applies to 172nd Street (SR-531) between I-5 and SR-9. In addition to adopting a road cross section, AMC 20.45 specifies required median widths, median landscaping, lane widths, sign requirements, planter strip widths, etc. With recent changes to speed limits on 172nd St and Arlington’s changing commuting needs, the community’s needs will best be served by designing a roadway that is based on traffic loading, current environmental/drainage requirements, and available funding. ALTERNATIVES • Do not repeal AMC 20.45 • Remand to staff for further evaluation RECOMMENDED MOTION: I move to approve the proposed ordinance repealing AMC chapter 20.45. ORDINANCE NO. 2014-XXX 1 ORDINANCE NO. 2014--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REPEALING ARLINGTON MUNICIPAL CODE CHAPTER 20.45 REGARDING 172nd STREET DESIGN STANDARDS WHEREAS, the City of Arlington, Washington has the authority to enact laws to regulate development occurring within the City; and WHEREAS, the City Council believes it is in the best interests of its citizens to repeal previously adopted design standards along 172nd Street (State Highway 531) between Interstate 5 and State Highway 9; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Chapter 20.45 shall be and hereby is deleted in its entirety. Section 2. Severability. If any 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. This ordinance shall be effective five days from its adoption and publication as required by law. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2014. CITY OF ARLINGTON ____________________________ Barbara Tolbert, Mayor Attest: _______________________________ Kristin Banfield, City Clerk ORDINANCE NO. 2014-XXX 2 Approved as to form: ____________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: NB #2 Attachment D COUNCIL MEETING DATE: June 16, 2014 SUBJECT: 2014 Utility Improvement Project Construction Contract Award ATTACHMENTS: - Bid Tabulation DEPARTMENT OF ORIGIN Public Works – Eric Scott EXPENDITURES REQUESTED: $ 1,005,185.47 BUDGET CATEGORY: Water/Sewer /Storm/ TBD Capital Funds LEGAL REVIEW: DESCRIPTION: Authorize an amendment to the sewer capital budget to cover construction costs for the project, and award the construction contract to the lowest responsible bidder. HISTORY: After receiving three bids for the 2014 Utility Improvement Project, staff has reviewed the low bid submitted by Interwest Construction, Inc. and determined they were qualified to complete the project. The low bid was for $1,005,185.47 which exceeds the 2014 Sewer Budget by $102,561.65; There are sufficient funds in the Sewer Capital Improvement account to cover this amount and a budget correction will be applied at the end of the year. A breakdown of the project budget is as follows: Water Sewer Storm TBD Subtotal Gilman Alcazar $ 391,035.47 $ - $ 121,588.35 $ 60,000.00 $ 572,623.82 172nd St Sewer $ - $ 162,539.99 $ - $ - $ 162,539.99 67th Ave Sewer $ - $ 270,021.66 $ - $ - $ 270,021.66 Subtotal $ 391,035.47 $ 432,561.65 $ 121,588.35 $ 60,000.00 $ 1,005,185.47 2014 Budget $ 395,000.00 $ 330,000.00 $ 140,000.00 $ 60,000.00 $ 925,000.00 Add'l Budget $ 102,561.65 ALTERNATIVES • Reject Bids, re-advertise the project • Remand to staff for further evaluation RECOMMENDED MOTION: I move to move to accept the Interwest Construction bid for the 2014 Utilities Improvement Project and award the contract to Interwest Construction in the amount of $1,005,185.47, pending final review by the City Attorney. 2014 Utility Improvements Bid Opening Results Apparent Low Bidder June 5, 2014 Item No. DESCRIPTION WSDOT Standard Item No. WDSOT Spec Ref Sect. Approx. Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price PREPARATION 101 MOBILIZATION / DEMOBILZATION 0001 1-09.7 1 L.S. 20,000.00$ 20,000.00$ 54,000.00$ 54,000.00$ 22,000.00$ 22,000.00$ 15,900.00$ 15,900.00$ 102 REMOVING CEMENT CONC. CURB AND GUTTER 0108 2-02.3(3)70 L.S. 10.00$ 700.00$ 10.00$ 700.00$ 8.00$ 560.00$ 33.20$ 2,324.00$ 103 REMOVING CEMENT CONC. SIDEWALK 0100 2-02.3(3)25 S.Y. 20.00$ 500.00$ 12.00$ 300.00$ 31.00$ 775.00$ 21.25$ 531.25$ 104 REMOVING ASPHALT CONC. PAVEMENT 0120 2-02.3(3)800 S.Y. 7.00$ 5,600.00$ 12.00$ 9,600.00$ 12.00$ 9,600.00$ 13.50$ 10,800.00$ 105 REMOVING CEMENT CONC. DRIVEWAY 2-02.3(3)90 S.Y. 20.00$ 1,800.00$ 12.00$ 1,080.00$ 38.00$ 3,420.00$ 14.70$ 1,323.00$ EROSION CONTROL AND ROADSIDE RESTORATION 106 INLET PROTECTION 6471 8-01.5 12 EACH 50.00$ 600.00$ 75.00$ 900.00$ 80.00$ 960.00$ 91.20$ 1,094.40$ SURFACING 107 CRUSHED SURFACING TOP COURSE 5120 4-04 280 TON 35.00$ 9,800.00$ 31.00$ 8,680.00$ 35.00$ 9,800.00$ 28.50$ 7,980.00$ HOT MIX ASPHALT 108 HMA CL. 1/2 IN. PG 64-22 5767 5-04 1105 TON 100.00$ 110,500.00$ 110.00$ 121,550.00$ 104.00$ 114,920.00$ 110.40$ 121,992.00$ 109 PLANING BITUMINOUS PAVEMENT 5711 5-04.5 5474 S.Y. 1.50$ 8,211.00$ 4.00$ 21,896.00$ 2.40$ 13,137.60$ 1.60$ 8,758.40$ TRAFFIC 110 PROJECT TEMPORARY TRAFFIC CONTROL 6971 1-10.5 1 L.S. 15,000.00$ 15,000.00$ 72,500.00$ 72,500.00$ 55,000.00$ 55,000.00$ 52,560.00$ 52,560.00$ 111 CEMENT CONC.TRAFFIC CURB AND GUTTER 6700 8-04 70 L.F. 15.00$ 1,050.00$ 40.00$ 2,800.00$ 70.00$ 4,900.00$ 64.80$ 4,536.00$ 112 PAINTED WIDE LANE LINE 6827 8-22 600 L.F. 0.50$ 300.00$ 5.00$ 3,000.00$ 2.00$ 1,200.00$ 2.70$ 1,620.00$ 113 PLASTIC CROSSWALK LINE 6857 8-22 30 L.F. 6.50$ 195.00$ 5.00$ 150.00$ 4.00$ 120.00$ 42.00$ 1,260.00$ 114 PLASTIC STOP LINE 6859 8-22.5 24 L.F. 10.00$ 240.00$ 5.00$ 120.00$ 7.00$ 168.00$ 54.00$ 1,296.00$ OTHER 115 ADJUST MONUMENT CASE AND COVER 8-13.5 3 EACH 300.00$ 900.00$ 350.00$ 1,050.00$ 340.00$ 1,020.00$ 528.00$ 1,584.00$ 116 MONUMENT CASE AND COVER 7045 8-13.5 1 EACH 1,000.00$ 1,000.00$ 750.00$ 750.00$ 670.00$ 670.00$ 1,370.00$ 1,370.00$ 117 CEMENT CONC. DRIVEWAY ENTRANCE TYPE 4 7059 8-06 90 S.Y. 35.00$ 3,150.00$ 65.00$ 5,850.00$ 110.00$ 9,900.00$ 74.65$ 6,718.50$ 118 CEMENT CONC. CURB RAMP TYPE A PERPENDICULAR 7058 8-14.5 1 EACH 1,300.00$ 1,300.00$ 3,000.00$ 3,000.00$ 1,800.00$ 1,800.00$ 2,695.00$ 2,695.00$ 119 CEMENT CONC. SIDEWALK 7055 8-14.5 25 S.Y. 50.00$ 1,250.00$ 65.00$ 1,625.00$ 160.00$ 4,000.00$ 68.70$ 1,717.50$ 120 MAILBOX CABINET 8-18.5 2 EACH 1,000.00$ 2,000.00$ 2,500.00$ 5,000.00$ 1,200.00$ 2,400.00$ 2,400.00$ 4,800.00$ 121 TRIMMING AND CLEANUP 7490 2-11.5 1 L.S. 5,000.00$ 5,000.00$ 2,000.00$ 2,000.00$ 28,000.00$ 28,000.00$ 15,650.00$ 15,650.00$ 122 UNFORSEEN CONDITIONS FORCE ACCOUNT 7715 1-09.6 75,000.00 EST. 1.00$ 75,000.00$ 1.00$ 75,000.00$ 1.00$ 75,000.00$ 1.00$ 75,000.00$ 123 SPCC PLAN 7736 1-07.15(1) 1 L.S. 500.00$ 500.00$ 1,000.00$ 1,000.00$ 500.00$ 500.00$ 300.00$ 300.00$ 124 RECORD DRAWINGS (min Bid $2,000) 1-05.SP 1 L.S. 8,000.00$ 8,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 125 CONTRACT BOND EXTENSION 1-03.4 1 L.S. 200.00$ 200.00$ 1.00$ 1.00$ 1,000.00$ 1,000.00$ 120.00$ 120.00$ 272,796.00$ 394,552.00$ 362,850.60$ 343,930.05$ N/A N/A N/A N/A AWARD CONSTRUCTION SRV CONSTRUCTION SCHEDULE A TOTAL ROADWAY BID 8.8% Sales Tax INTERWEST CONSTRUCTION, INC.Engineer's Estimate 6/6/2014 Page 1 of 8 2014 Utility Improvements Bid Opening Results Apparent Low Bidder June 5, 2014 Item No. DESCRIPTION WSDOT Standard Item No. WDSOT Spec Ref Sect. Approx. Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price AWARD CONSTRUCTION SRV CONSTRUCTIONINTERWEST CONSTRUCTION, INC.Engineer's Estimate 272,796.00$ 394,552.00$ 362,850.60$ 343,930.05$ PREPARATION 201 MOBILIZATION / DEMOBILIZATION 0001 1-09.7 1 L.S. 6,000.00$ 6,000.00$ 51,000.00$ 51,000.00$ 35,000.00$ 35,000.00$ 52,000.00$ 52,000.00$ 202 REMOVING DRAINAGE STRUCTURE 2-02.5 9 EACH 1,500.00$ 13,500.00$ 400.00$ 3,600.00$ 400.00$ 3,600.00$ 750.00$ 6,750.00$ 203 REMOVAL AND DISPOSAL OF ASBESTOS MATERIAL 0250 GSP 600 L.F. 28.00$ 16,800.00$ 20.00$ 12,000.00$ 55.00$ 33,000.00$ 21.00$ 12,600.00$ 204 REMOVING STORM DRAIN PIPE 2-02.5 1230 L.F. 8.00$ 9,840.00$ 5.50$ 6,765.00$ 12.00$ 14,760.00$ 14.00$ 12,600.00$ 205 REMOVING HYDRANT 2-02.5 2 EACH 500.00$ 1,000.00$ 650.00$ 1,300.00$ 500.00$ 1,000.00$ 915.00$ 1,830.00$ 206 REMOVING WATER METER 2-02.5 6 EACH 200.00$ 1,200.00$ 225.00$ 1,350.00$ 300.00$ 1,800.00$ 250.00$ 1,500.00$ WATER LINES 207 HYDRANT ASSEMBLY 3846 7-14.5 3 EACH 3,500.00$ 10,500.00$ 4,000.00$ 12,000.00$ 4,000.00$ 12,000.00$ 4,100.00$ 12,300.00$ 208 DUCTILE IRON PIPE FOR WATER 6 IN. DIAM. 3866 7-09.5 30 L.F. 48.00$ 1,440.00$ 75.00$ 2,250.00$ 110.00$ 3,300.00$ 150.00$ 4,500.00$ 209 DUCTILE IRON PIPE FOR WATER 8 IN. DIAM. 3867 7-09.5 100 L.F. 55.00$ 5,500.00$ 62.00$ 6,200.00$ 80.00$ 8,000.00$ 90.00$ 9,000.00$ 210 DUCTILE IRON PIPE FOR WATER 12 IN. DIAM. 3869 7-09.5 1560 L.F. 60.00$ 93,600.00$ 73.00$ 113,880.00$ 89.00$ 138,840.00$ 85.00$ 132,600.00$ 211 GATE VALVE 6 IN.6155 7-12.5 3 EACH 700.00$ 2,100.00$ 1,100.00$ 3,300.00$ 1,300.00$ 3,900.00$ 2,200.00$ 6,600.00$ 212 GATE VALVE 8 IN.6160 7-12.5 4 EACH 850.00$ 3,400.00$ 1,400.00$ 5,600.00$ 1,600.00$ 6,400.00$ 1,545.00$ 6,180.00$ 213 BUTTERFLY VALVE 12 IN. 3820 7-12.5 7 EACH 1,500.00$ 10,500.00$ 2,000.00$ 14,000.00$ 2,000.00$ 14,000.00$ 1,950.00$ 13,650.00$ 214 COMB. AIR RELEASE/AIR VACUUM VALVE ASSEMBLY 2 IN. 3837 7-12.5 1 EACH 2,000.00$ 2,000.00$ 2,500.00$ 2,500.00$ 2,200.00$ 2,200.00$ 3,100.00$ 3,100.00$ 215 SERVICE CONNECTION 1 IN. DIAM. (LONG SIDE) 3858 7-15.5 11 EACH 3,000.00$ 33,000.00$ 1,200.00$ 13,200.00$ 2,400.00$ 26,400.00$ 1,300.00$ 14,300.00$ 216 SERVICE CONNECTION 1 IN. DIAM. (SHORT SIDE) 3858 7-15.5 9 EACH 2,500.00$ 22,500.00$ 1,000.00$ 9,000.00$ 1,500.00$ 13,500.00$ 1,300.00$ 11,700.00$ 217 SERVICE CONNECTION 2 IN. DIAM. 3861 7-15.5 1 EACH 3,200.00$ 3,200.00$ 3,200.00$ 3,200.00$ 4,000.00$ 4,000.00$ 3,500.00$ 3,500.00$ 218 8-IN. PIPE FITTINGS 7-09.5 8 EACH 300.00$ 2,400.00$ 300.00$ 2,400.00$ 450.00$ 3,600.00$ 740.00$ 5,920.00$ 219 12-IN. PIPE FITTINGS 7-09.5 8 EACH 350.00$ 2,800.00$ 700.00$ 5,600.00$ 850.00$ 6,800.00$ 1,050.00$ 8,400.00$ 220 PRESSURE REDUCING VALVE 7-15.5 5 EACH 350.00$ 1,750.00$ 2,500.00$ 12,500.00$ 1,100.00$ 5,500.00$ 680.00$ 3,400.00$ 221 HDPE WATER SERVICE PIPE 7-15.5 440 L.F. 10.00$ 4,400.00$ 10.00$ 4,400.00$ 30.00$ 13,200.00$ 54.00$ 23,760.00$ STORM SEWER 222 CONNECTION TO DRAINAGE STRUCTURE 9605 7-05.5 4 EACH 2,000.00$ 8,000.00$ 600.00$ 2,400.00$ 500.00$ 2,000.00$ 2,735.00$ 10,940.00$ 223 CORRUGATED POLYETHYLENE STORM SEWER PIPE 6 IN. DIAM. 7-17.5 5 L.F. 30.00$ 150.00$ 100.00$ 500.00$ 230.00$ 1,150.00$ 125.00$ 625.00$ 224 CORRUGATED POLYETHYLENE STORM SEWER PIPE 8 IN. DIAM. 7-17.5 111 L.F. 35.00$ 3,885.00$ 45.00$ 4,995.00$ 54.00$ 5,994.00$ 60.00$ 6,660.00$ 225 CORRUGATED POLYETHYLENE STORM SEWER PIPE 10 IN. DIAM. 7-17.5 3 L.F. 45.00$ 135.00$ 150.00$ 450.00$ 320.00$ 960.00$ 225.00$ 675.00$ 226 CORRUGATED POLYETHYLENE STORM SEWER PIPE 18 IN. DIAM.3607 7-17.5 166 L.F. 60.00$ 9,960.00$ 54.00$ 8,964.00$ 56.00$ 9,296.00$ 83.00$ 13,778.00$ 227 CORRUGATED POLYETHYLENE STORM SEWER PIPE 24 IN. DIAM.3608 7-17.3(2) 1023 L.F. 115.00$ 117,645.00$ 60.00$ 61,380.00$ 80.00$ 81,840.00$ 116.00$ 118,668.00$ 228 CATCH BASIN TYPE 1L 3091 7-05.5 3 EACH 2,000.00$ 6,000.00$ 1,300.00$ 3,900.00$ 1,900.00$ 5,700.00$ 1,530.00$ 4,590.00$ 229 MANHOLE 48 IN. DIAM. TYPE 1 7360 7-05.5 2 EACH 3,000.00$ 6,000.00$ 2,400.00$ 4,800.00$ 2,800.00$ 5,600.00$ 4,450.00$ 8,900.00$ 230 MANHOLE 54 IN. DIAM. TYPE 1 7363 7-05.5 4 EACH 3,500.00$ 14,000.00$ 2,750.00$ 11,000.00$ 4,700.00$ 18,800.00$ 3,800.00$ 15,200.00$ TOTAL Bid Schedule B - Utilities - Taxable 6/6/2014 Page 2 of 8 2014 Utility Improvements Bid Opening Results Apparent Low Bidder June 5, 2014 Item No. DESCRIPTION WSDOT Standard Item No. WDSOT Spec Ref Sect. Approx. Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price AWARD CONSTRUCTION SRV CONSTRUCTIONINTERWEST CONSTRUCTION, INC.Engineer's Estimate SANITARY SEWER 231 CONNECTION TO DRAINAGE STRUCTURE 9605 7-05.5 2 EACH 500.00$ 1,000.00$ 1,500.00$ 3,000.00$ 500.00$ 1,000.00$ 4,125.00$ 8,250.00$ 232 CONNECTION TO EXISTING SIDE SEWER 7-18.5 3 EACH 500.00$ 1,500.00$ 1,250.00$ 3,750.00$ 900.00$ 2,700.00$ 2,465.00$ 7,395.00$ 233 C-900 SANITARY SEWER PIPE 12 IN. DIAM. 7-17.5 130 L.F. 58.00$ 7,540.00$ 195.00$ 25,350.00$ 300.00$ 39,000.00$ 650.00$ 84,500.00$ 234 PVC SANITARY SEWER PIPE 12 IN. DIAM. 3769 7-17.5 258 L.F. 45.00$ 11,610.00$ 115.00$ 29,670.00$ 110.00$ 28,380.00$ 300.00$ 77,400.00$ 235 DUCTILE IRON SEWER PIPE 24 IN. DIAM. 3776 7-17.5 294 L.F. 165.00$ 48,510.00$ 185.00$ 54,390.00$ 300.00$ 88,200.00$ 210.00$ 61,740.00$ 236 PVC SANITARY SEWER PIPE 24 IN. DIAM. 7-17.5 310 L.F. 100.00$ 31,000.00$ 90.00$ 27,900.00$ 220.00$ 68,200.00$ 235.00$ 72,850.00$ 237 MANHOLE 54 IN. DIAM. TYPE 1 7363 7-05.5 1 EACH 3,500.00$ 3,500.00$ 4,000.00$ 4,000.00$ 3,700.00$ 3,700.00$ 7,500.00$ 7,500.00$ 238 MANHOLE 54 IN. DIAM. TYPE 3 7363 7-05.5 1 EACH 6,000.00$ 6,000.00$ 4,000.00$ 4,000.00$ 5,000.00$ 5,000.00$ 5,800.00$ 5,800.00$ 239 MANHOLE 72 IN. DIAM. TYPE 1 7365 7-05.5 1 EACH 6,000.00$ 6,000.00$ 15,000.00$ 15,000.00$ 9,000.00$ 9,000.00$ 11,325.00$ 11,325.00$ OTHER 240 SHORING OR EXTRA EXCAVATION CLASS A 7008 2-09.5 1 L.S. 3,000.00$ 3,000.00$ 5,000.00$ 5,000.00$ 15,000.00$ 15,000.00$ 1,180.00$ 1,180.00$ 241 ADJUST MANHOLE 3080 7-05.5 5 EACH 300.00$ 1,500.00$ 600.00$ 3,000.00$ 570.00$ 2,850.00$ 653.00$ 3,265.00$ 242 ADJUST WATER VALVE BOX 6243 7-12.5 5 EACH 200.00$ 1,000.00$ 350.00$ 1,750.00$ 520.00$ 2,600.00$ 400.00$ 2,000.00$ 535,365.00$ 561,244.00$ 747,770.00$ 869,431.00$ 47,112.12$ 49,389.47$ 65,803.76$ 76,509.93$ 582,477.12$ 610,633.47$ 813,573.76$ 945,940.93$ BID SCHEDULE C - ADD ALTERNATE 1 ROADWAY TRAFFIC 301 PAINTED WIDE LANE LINE 6827 8-22 650 L.F. 0.50$ 325.00$ 3.00$ 1,950.00$ 2.00$ 1,300.00$ 2.70$ 1,755.00$ HOT MIX ASPHALT 302 HMA CL. 1/2 IN. PG 64-22 5767 5-04 384 TON 100.00$ 38,400.00$ 100.00$ 38,400.00$ 104.00$ 39,936.00$ 110.00$ 42,240.00$ 303 PLANING BITUMINOUS PAVEMENT 5711 5-04.5 2248 S.Y. 1.50$ 3,372.00$ 3.50$ 7,868.00$ 2.40$ 5,395.20$ 1.50$ 3,372.00$ SUBTOTAL BID C ROADWAY 42,097.00$ 48,218.00$ 46,631.20$ 47,367.00$ 8.8% SALES TAX N/A N/A N/A N/A TOTAL BID C 42,097.00$ 48,218.00$ 46,631.20$ 47,367.00$ BID SCHEDULE D - ADD ALTERNATE 1 UTILITIES PREPARATION 401 REMOVING MANHOLE 2 EACH 1,500.00$ 3,000.00$ 500.00$ 1,000.00$ 860.00$ 1,720.00$ 1,500.00$ 3,000.00$ 402 REMOVING STORM DRAIN PIPE 595 EACH 8.00$ 4,760.00$ 5.50$ 3,272.50$ 24.00$ 14,280.00$ 14.00$ 8,330.00$ STORM SEWER 403 CONNECTION TO DRAINAGE STRUCTURE 9605 7-05.3 3 EACH 2,000.00$ 6,000.00$ 600.00$ 1,800.00$ 500.00$ 1,500.00$ 820.00$ 2,460.00$ 404 CORRUGATED POLYETHYLENE STORM SEWER PIPE 8 IN. 7-17.5 113 L.F. 35.00$ 3,955.00$ 45.00$ 5,085.00$ 55.00$ 6,215.00$ 60.00$ 6,780.00$ SCHEDULE B TOTAL UTILITIES BID 8.8% SALES TAX TOTAL UTILITIES BID 6/6/2014 Page 3 of 8 2014 Utility Improvements Bid Opening Results Apparent Low Bidder June 5, 2014 Item No. DESCRIPTION WSDOT Standard Item No. WDSOT Spec Ref Sect. Approx. Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price AWARD CONSTRUCTION SRV CONSTRUCTIONINTERWEST CONSTRUCTION, INC.Engineer's Estimate 405 CORRUGATED POLYETHYLENE STORM SEWER PIPE 10 IN. 7-17.5 70 L.F. 45.00$ 3,150.00$ 70.00$ 4,900.00$ 55.00$ 3,850.00$ 63.00$ 4,410.00$ 406 CORRUGATED POLYETHYLENE STORM SEWER PIPE 18 IN. 3607 7-17.5 490 L.F. 60.00$ 29,400.00$ 54.00$ 26,460.00$ 56.00$ 27,440.00$ 75.00$ 36,750.00$ 407 CATCH BASIN TYPE 1L 3091 1 EACH 2,000.00$ 2,000.00$ 1,300.00$ 1,300.00$ 5,700.00$ 5,700.00$ 5,200.00$ 5,200.00$ 408 MANHOLE 48 IN. DIAM. TYPE 1 7360 7-05 1 EACH 3,000.00$ 3,000.00$ 2,400.00$ 2,400.00$ 5,500.00$ 5,500.00$ 3,860.00$ 3,860.00$ 409 MANHOLE 54 IN. DIAM. TYPE 1 7363 7-05 2 EACH 3,500.00$ 7,000.00$ 2,750.00$ 5,500.00$ 9,500.00$ 19,000.00$ 2,500.00$ 5,000.00$ OTHER 410 SHORING OR EXTRA EXCAVATION CLASS B 7008 2-09.5 1 L.S. 1,000.00$ 1,000.00$ 750.00$ 750.00$ 3,700.00$ 3,700.00$ 1,770.00$ 1,770.00$ 411 ADJUST MANHOLE 3080 7-05.5 3 EACH 300.00$ 900.00$ 600.00$ 1,800.00$ 550.00$ 1,650.00$ 650.00$ 1,950.00$ 64,165.00$ 54,267.50$ 90,555.00$ 79,510.00$ 5,646.52$ 4,775.54$ 7,968.84$ 6,996.88$ 69,811.52$ 59,043.04$ 98,523.84$ 86,506.88$ 855,273.12$ 1,005,185.47$ 1,176,424.36$ 1,289,870.98$ 111,908.52$ 107,261.04$ 145,155.04$ 133,873.88$ 967,181.64$ 1,112,446.51$ 1,321,579.40$ 1,423,744.86$ (Non Responsive Bid) ADD ALT 1 TOTAL BID SUBTOTAL BID D - UTILITIES 8.8% SALES TAX TOTAL BID D BASE BID A & B 6/6/2014 Page 4 of 8 City of Arlington Council Agenda Bill Item: NB #3 Attachment E COUNCIL MEETING DATE: June 16, 2014 SUBJECT: Amendment to Gambling Tax Ordinance ATTACHMENTS: Ordinance Amending Gambling Tax Provisions of AMC DEPARTMENT OF ORIGIN Legal—Steve Peiffle; Community Development—Paul Ellis EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is asked to adopt an amendment to the gambling tax ordinance exempting raffles when conducted by a nonprofit entity. HISTORY: The City has an ordinance assessing gambling tax on raffles when the net proceeds exceed $10,000. In 2013 the Rotary’s net proceeds from the raffles exceeded $75,000 and would theoretically have generated $1,500 in gambling tax revenues, which would have been spent under state law primarily for public safety purposes. The Rotary Club is currently involved in financing and constructing the improvements at Haller Park, a donation worth approximately $115,000. ALTERNATIVES Make no change to the ordinance, or increase exempt levels; assess the tax. RECOMMENDED MOTION: I move to approve the proposed ordinance amending AMC Chapter 3.32. ORDINANCE NO. 1474 1 ORDINANCE NO. 2014--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 3.32 REGARDING GAMBLING TAXES PERTAINING TO BINGO AND RAFFLES WHEN CONDUCTED BY NONPROFIT ENTITIES WHEREAS, the City of Arlington, Washington has the authority to enact laws to tax certain activities occurring within the City; and WHEREAS, the City Council believes it is in the best interests of its citizens to amend the gambling tax provisions of the City code as it relates to bingo and raffles; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 3.32.050 shall be amended to read as follows: 3.32.030 Tax on bingo, raffles and amusement games. There is levied upon and shall be collected from and paid as hereinafter provided by every person, association, or organization conducting, as authorized pursuant to RCW Chapter 9.46 and this chapter: (1) Bingo: a tax in the amount of five percent of the gross receipts received less the amount paid for or as prizes (net receipts); (2) Raffles: a tax in the amount of five percent of the gross receipts received less the amount paid for or as prizes (net receipts); (3) Amusement games: a tax of two percent of the gross receipts less the amount paid for or as prizes (net receipts); provided, however, that under the authority of this chapter, no tax shall be imposed on bingo or amusement games when such activities, or any combination thereof, are conducted by any bona fide charitable or nonprofit organization as defined in RCW 9.46.0209, as now or hereafter amended, which organization has not paid operating or management personnel and had gross income from bingo or amusement games, or any combination thereof, not exceeding five thousand dollars per year, less the amount paid for prizes; and, provided further, that under the authority of this chapter, no local tax shall be imposed on raffles when conducted by any bona fide charitable or nonprofit organization, as defined in RCW 9.46.0209, as now or hereafter amended, which organization had gross ORDINANCE NO. 2014-XXX 2 income from the raffle not exceeding ten thousand dollars per year, less the amount paid for prizes; and, provided further, that activities carried out by public or private schools or by organizations sponsored by or related to public or private schools, including parent organizations and student body organizations shall be exempt from the provisions of this section when the proceeds of such activities are applied for the benefit of any such school, or school-sponsored or school- related organization. Section 2. Severability. If any 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. This ordinance shall be effective five days from its adoption and publication as required by law. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2014. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: Kristin Banfield, City Clerk Approved as to form: Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: NB #4 Attachment F COUNCIL MEETING DATE: June 16, 2014 SUBJECT: Resolution re Acceptance of Rotary Club Donation in Lieu of Gambling Tax ATTACHMENTS: Resolution re waiver of Gambling Tax DEPARTMENT OF ORIGIN Legal—Steve Peiffle; Community Development—Paul Ellis EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is asked to adopt a resolution accepting the Haller Park improvements by the Rotary Club in lieu of receiving any gambling tax otherwise payable. HISTORY: The City has an ordinance assessing gambling tax on raffles when the net proceeds exceed $10,000. In 2013 the Rotary’s net proceeds from the raffles exceeded $75,000 and would theoretically have generated $1,500 in gambling tax revenues, which would have been spent under state law primarily for public safety purposes. The Rotary Club is currently involved in financing and constructing the improvements at Haller Park, a donation worth approximately $115,000. ALTERNATIVES NONE RECOMMENDED MOTION: I move to approve the proposed resolution regarding raffle tax for the Arlington Rotary Club. RESOLUTION NO. 2014-XXX 1 RESOLUTION NO. 2014-XXX A RESOLUTION OF THE CITY COUNCIL OF ARLINGTON, WASHINGTON, REGARDING RAFFLE TAX FOR THE ARLINGTON ROTARY CLUB WHEREAS, the Rotary Club of Arlington, WA (“Rotary Club”) is an established fixture in the Arlington community, and has long played a role in civic life; and WHEREAS, the Rotary Club is well known for its conduct of its “Duck Dash” raffle, the proceeds of which are used for programs and improvements in the Arlington community; and WHEREAS, the Rotary Club helps to “pitch in” with projects which the City might undertake if the City had additional funding; and WHEREAS, in 2013, the Rotary Club conducted a very successful “Duck Dash” campaign, raising funds for a project that ordinarily would have been a city capital project, the construction of new park facilities at Haller Park, which project has an estimated cost of $115,000; and WHEREAS, the City has never collected a raffle tax from any nonprofit organization, including but not limited to the Rotary Club; and WHEREAS, the City is amending its ordinance to adjust the ordinance to make clear that nonprofit organizations are exempt from raffle tax; and WHEREAS, the City wishes to recognize the Haller Park donation and to waive any raffle tax which the City might be entitled to collect from the 2013 or prior Duck Dash raffles; NOW, THEREFORE, THE CITY COUNCIL OF ARLINGTON, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby finds as follows: a. The 2013 Duck Dash raised over $75,000 in gross sales of raffle tickets, with expenses and net prizes of approximately $44,000. b. The city’s ordinance, which has never previously been enforced against any nonprofit entity, would ordinarily have assessed a tax of approximately $1,550.00, representing 5% of the net proceeds. c. RCW 9.46.113 requires that the City must “use the revenue from such tax primarily for the purpose of public safety”. RESOLUTION NO. 2014-XXX 2 d. As interpreted by the courts, this phrase has been interpreted to mean that gambling taxes must be used in the first instance for public safety and then for additional public purposes. e. The City Council finds that the Rotary Club’s proposed Haller Park donation serves the public safety: 1. By making the park more user-friendly, thereby reducing the transient population and thereby reducing minor crime; and 2. By making the park equipment itself more user-friendly and safer by modernizing the equipment and ensuring a safer installation, thereby reducing potential injury. f. The City Council also finds that the Rotary Club’s intended donation of $115,000 of playground equipment is being used primarily for public safety and is superior to the receipt of any gambling tax funds from the proceeds of the raffle. Section 2. The City Council hereby waives the right to receive any gambling or raffle taxes owing from the Arlington Rotary Club, in exchange for the Arlington Rotary Club’s Haller Park Project donation to the City. APPROVED by the Mayor and City Council of the City of Arlington this 17th day of March, 2014. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #5 Attachment G COUNCIL MEETING DATE: June 16, 2014 SUBJECT: Extension of the Airport Use Agreement with the Military Department ATTACHMENTS: Memorandum of Understanding (MOU) DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The MOU provides the military department a staging area at the airport in the event of an emergency. The size and location are identified in Exhibit “A” and is limited to about 25 acres of space. There is no cost to the military; however, we require restoration of any areas used. HISTORY: The City of Arlington has had an MOU with the military department since September 22, 2010, which was for four years. The extension will be for five years, and begin on June 30, 2014, and expire July 31, 2019. ALTERNATIVES NONE RECOMMENDED MOTION: I move to approve the extension of the Military’s use agreement with Arlington Municipal Airport and authorize the Mayor to sign it. Staging Area Use Page 1 of 5 City of Arlington, U14-XXX Military Department #U14-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) 512-7055; FAX: (253) 512-7207 (360) 403-4603 FAX: (360) 435-1012 Contact Person: Mark Douglas Contact Person: Paul Ellis E-mail : mark.douglas@mil.wa.gov E-mail : pellis@arlingtonwa.gov Beginning Date: Upon Execution Expiration Date: 31 July 2019 Land Use Cost: $ xx.xx per Day Building(s) Use Cost: $ xx.xx per Day Total Daily Cost: $ xxx.xx per Day 14 Day Activation Cost (xx Acres & xxxxxx): $x,xxx.xx 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, U14-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 Washington 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, U14-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, U14-XXX V. POINTS OF CONTACT A. Owner’s Point of Contact: Name: Title: Address: City, State, Zip: Phone Cell Phone Fax E-mail: B. Owner’s 24-Hour Property Point of Contact (if different than above): Name: Tom Cooper Title: Deputy Fire Chief Address: 6231 188th St NE City, State, Zip: Arlington, WA 98223-8706 Phone 360.403.3407 Cell Phone 425.754.0806 Fax 360.403.9267 E-mail: tcooper@arlingtonwa.gov C. Department’s Point of Contact: Mark Douglas Emergency Logistician Washington State Emergency Management Division Building 20, MS: TA-20 Camp Murray, WA 98430-5122 Toll free: (800) 562-6108 Desk: (253) 512-7055 Cell: (253) 353-5171 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, 2019, 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, U14-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 __________, 2014. By: _______________________________________ _________ Barbara Tolbert Date Mayor City of Arlington By: ________________________________________ _________ Bret D. Daugherty, Major General Date The Adjutant General Washington Military Department BOILERPLATE APPROVED AS TO FORM: ________________________________________ _________ Brian E. Buchholz Date Senior Counsel Assistant Attorney General State Staging Area Page 1 of 2 City of Arlington, U14-XXX Exhibit A Site Details Event: MOU Number: Date: Site Owner: Address: Beginning Date: Estimated Ending Date: Narrative Description of Area to be Used Site Map (Area to be Used is Highlighted) 11.5 Acre Area we can use for equipment, HLZ, or parking/staging 2 Acre area we can use for equipment, HLZ, or parking/staging 14 Acre Area we can use for equipment, HLZ, or parking/staging Access Gates Connection Road State Staging Area Page 2 of 2 City of Arlington, U14-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: Building # 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 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. City of Arlington Council Agenda Bill Item: NB #6 Attachment H COUNCIL MEETING DATE: June 16, 2014 SUBJECT: Increasing the Change Fund in the Community and Economic Development Department ATTACHMENTS: Draft Resolution No. 2014-XXX DEPARTMENT OF ORIGIN Finance Department, Jim Chase, Finance Director EXPENDITURES REQUESTED: $100 BUDGET CATEGORY: General Fund LEGAL REVIEW: DESCRIPTION: The Community and Economic Development Department established a change fund in 2013 after moving to the Airport office. Several customers are paying for permits/licenses in cash therefore requiring the increase from $100 to $200 to the department’s opening change fund. HISTORY: ALTERNATIVES Do not authorize the increase of the Community and Economic Development Change Fund to $200 RECOMMENDED MOTION: I move to adopt the proposed Resolution increasing the opening change fund amount to $200 for the Community and Economic Development Department. RESOLUTION NO. 2014-XXX RESOLUTION NO. ______________ A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON, INCREASING THE OPENING CHANGE FUND AMOUNT FOR THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT WHEREAS, the City Council has determined that a daily opening cash change fund is required to conduct City operations in the Community and Economic Development Department; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: The amount to be maintained in the daily opening change fund shall be increased to $200.00. PASSED BY THE City Council of the City of Arlington this __________ day of _____ 2014. CITY OF ARLINGTON, WASHINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: __________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #7 Attachment I COUNCIL MEETING DATE: June 16, 2014 SUBJECT: Approval of 2014 Equipment & Vehicle Purchases and financing options ATTACHMENTS: - Memo outlining 2014 Equipment & Vehicle Purchases - Resolution authorizing reimbursement of the Equipment Replacement Fund with the use of the proceeds from the line of credit from Cashmere Valley State Bank. - 10 year budget projection presented 4/26/14 (City Council retreat) - Revised 10 year budget projection with new debt figures (6/11/14) DEPARTMENT OF ORIGIN Administration – Kristin Banfield; Community Development—Paul Ellis; Finance – Jim Chase EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is asked to review the 2014 equipment & vehicle purchases and financing options. As these were not budgeted for when the 2014 budget was adopted, Council will be asked to authorize the purchase of the items, which will then be brought back at the end of the year in an ordinance with all the 2014 budget amendments. After reviewing all of our financing options for the 2014 equipment and vehicles, staff is recommending a line of credit with Cashmere Valley State Bank at an interest rate of 2.5%. In the 10 year budget projections, staff had anticipated financing approximately $275,000 over 5 years at an interest rate of 3%. Because the interest rate and the amount we are financing are lower, we will reach our required reserve balance in 2022 instead of 2024. HISTORY: With the approval of the levy lid lift by the voters, the City can now move forward on replacing significantly outdated vehicles and equipment. Directors have been meeting since last fall to prepare a 15 year Equipment and Vehicle Replacement Plan. This plan was reviewed by Council at the April 26, 2014 Council Retreat. City of Arlington Council Agenda Bill Item: WS #7 Attachment I ALTERNATIVES RECOMMENDED MOTIONS (THREE SEPARATE MOTIONS RECOMMENDED): 1. I move to approve the 2014 equipment and vehicle replacements as outlined in the staff memo of June 6, 2014, using existing revenues available in the Equipment Replacement Fund. 2. I move to authorize staff to complete the financing process with Cashmere Valley State Bank for a line of credit not to exceed $500,000. 3. I move to approve the proposed resolution authorizing reimbursement of the equipment replacement fund with the use of the proceeds from the line of credit from Cashmere Valley State Bank. Memo Administration To: Mayor Barb Tolbert Arlington City Council From: Kristin Banfield, Assistant City Administrator / City Clerk Paul Ellis, Airport, Community & Economic Development Director Jim Chase, Finance Director Date: June 6, 2014 Subject: 2014 Equipment & Vehicle Replacement As we shared with the Council at the 2014 Spring Council Retreat, the Directors have continued to focus on the replacement of vehicles and equipment for 2014 and beyond. We are now ready to pursue the acquisition of the vehicles and equipment that are needed to continue providing excellent services to our community. This will be a multi-step process for the Council with specific actions required for budget amendments and financing for the equipment and vehicles. Background on Equipment & Vehicle Replacement Process The Directors met in the fall after the retreat to review, discuss and analyze the vehicle and equipment replacement list that had been developed within individual departments. During the analysis, each department recognized that some equipment and vehicles were not essential to provision of current services. At this point, each department then took their individual department lists back to their department to complete a thorough analysis of equipment and vehicle needs based on current operations. In December, the Directors returned to the table to review the revised vehicle and equipment replacement lists to determine full costs of the equipment needs of the City prior to setting the amount of the levy lid lift. In March, the Directors, Bryan Terry, and Kurt Patterson joined together to set the list of equipment for funding in the initial three years and for the years after. The process undertaken to scrutinize the vehicle and equipment replacement list over the last six months was collaborative and thorough, with critical questions asked of each department on the true needs of the City and the department’s operation. The goal met through the use of this collaborative process was addressing the replacement of critical vehicles and equipment within the funding parameters, while meeting established service levels. Should the list need to be updated or modified for any reason, the Directors, Bryan, and Kurt will return to the table and work through it together. 2014 Equipment & Vehicles Through the Equipment and Vehicle Replacement process, a specific list of equipment and vehicles to be replaced in 2014 was developed. The equipment and vehicles were not budgeted for in the course of developing the 2014 budget as the replacement was dependent upon the passage of the levy lid lift by the Arlington voters. With the passage of the levy lid lift, staff began moving forward with the replacement process. Staff is recommending the purchase of the following equipment and vehicles in 2014: Item Cost Funding Source Police vehicles: 4 Chevrolet Caprice sedans $171,385.76 3 financed ($128,539.32) 1 Equipment Replacement fund ($42,846.44) Emergency radio system $30,000 Financing ($10,000) Equipment Replacement fund ($20,000) Computer replacement: 24 desktop computers, 4 laptops, 4 mobile computers (for PD cars) $49,234.72 Financing TV21 Server $7,571 PEG Capital Fund (Comcast Franchise) TOTAL $256,417.44 Financing $186,000.00 Equipment Replacement fund $ 62,846.44 PEG Capital (Comcast franchise) $ 7,571.00 Financing Recommendation: After a thorough review of our financing options, staff is recommending a line of credit with Cashmere Valley State Bank. The line of credit would provide the city with up to $500,000 at an interest rate of 2.5%. At this time, we anticipate only financing the $186,000 listed above over a five year term at the 2.5% rate. In the 10 year budget projections, staff had anticipated financing approximately $275,000 over 5 years at an interest rate of 3%. Because the interest rate and the amount we are financing are lower, we will reach our required reserve balance in 2022 instead of 2024. Actions required by Council: As stated earlier, the Council has a number of actions that it will need to take between now and December for these purchases to comply with all of the City’s financial policies and financing requirements. The following list is a brief summary of those actions needed by Council: 1. Authorize purchase of the 2014 Equipment and Vehicle replacements as presented in this memo (non-budgeted) from the Equipment Replacement Fund 2. Authorize financing through Cashmere Valley State Bank line of credit 3. Authorize reimbursement of the equipment replacement fund with the use of the proceeds from the Cashmere Valley State Bank line of credit. 4. Approve budget amendments (December 2014) Council will be asked to approve item #1-3 at the June 16, 2014 Council meeting 51376754.1 RESOLUTION NO. _____ A RESOLUTION of the City Council of the City of Arlington, Washington, declaring the City’s intent to issue limited tax general obligation bonds or notes to reimburse the City for prior expenditures. WHEREAS, the Internal Revenue Code of 1986 requires that a municipality declare its intent to issue tax-exempt bonds to reimburse the municipality for prior expenditures before the expenditures are incurred; THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: The City reasonably expects to reimburse the following expenditures with the proceeds of limited tax general obligation bond or notes to be issued by the City: purchase of police cars, computer equipment, and emergency radio equipment. The City expects to issue approximately $500,000 principal amount of limited tax general obligation bonds or notes for the project. The expenditures to be reimbursed from the tax-exempt proceeds will be made from the Equipment Replacement fund of the City. The adoption of this resolution shall not obligate the City to issue any debt, all of which shall require separate and additional official approval by the City Council. ADOPTED at a regular meeting of the City Council of the City of Arlington, Washington, this 16th day of June, 2014. CITY OF ARLINGTON, WASHINGTON By Mayor ATTEST: City Clerk APPROVE AS TO FORM: City Attorney 51376754.1 CERTIFICATE I, the undersigned, Clerk of the City of Arlington, Washington (the “City”), and keeper of the records of the City Council (the “Council”), DO HEREBY CERTIFY: 1. That the attached Resolution No. ____ is a true and correct copy of a resolution of the City Council, as finally adopted at a regular meeting of the Council held on the 16th day of June, 2014, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Resolution; that all other requirements and proceedings incident to the proper adoption of said Resolution have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of ___________, 2014. City Clerk (SEAL) IO YEAR BUDGET PROJECTION . GENERAL FUND CITY OF ARLINGTON GENERAL FUND REVENUES TAXES Sales Tax - 1% Sales Tax - 0.1 % Crim¡nal Justice Property Taxes Ut¡lity Taxes/Use Taxes Leasehold Excise Tax Gambling Taxes LICENSES & PERMITS INTERGOVERNMENTAL CHARGES FOR SERVICES INTERFUND CHARGES FOR SERVICES INTERFUND CHARGES FOR SERVICES INTERFUND CHARGES FOR SERVICES FINES & FORFEITURES MISCELLANEOUS NON-REVENUES OTHER FINANCING SOURCES TOTAL OPERATING REVENUES BEGINNING FUND BALANCE TOTAL GENERAL FUND REVENUES GENERAL FUND EXPENDITURES SALARIES BENEFITS SUPPLIES CHARGES FOR SERVICES INTERGOVERNMENTAL NON-EXPENDITURES CAPITAL OUTLAY DEBT SERVICE INTERFUND EQUIP RENTAL INTERFUND CHARGES FOR SERVICES INTERFUND TRANSFERS INTERFUND TRANSFERS TRANSFER TO BUILDING RESERVE 2012 ACTUAL 2013 ACTUAL 3,087,559 240,895 2,410,610 2,635,065 1 16,084 1 15,833 679,1 83 744,331 308,1 55 1,049,640 712,800 494,731 251,820 75,489 302,071 5,893 '13,230,159 12,778,312 77 377,749 13,230,236 13,156,061 500,000 s00,000 900,091 13,485,530 14,686,738 15,306,971 1,049,612 1,07',t,3s',1 15,672,995 15,922,540 2017 2018BUDGET BUDGET 15,776,010 16,014,092 16,245,929 1,377,s79 1,549,133 1,717,917 17,153,589 17,563,225 17,963,846 2022 2023 2024 BUDGET BUDGET BUDGET 15,075,520 15,305,800 15,538,104 1,089,858 1,118,f64 1,221,816 16,165,378 16,424,564 16,759,920 2019 2020 2021 BUDGET BUDGET BUDGET $6,971,166 2,589,687 '1 16,150 1 ,1 53,935 901,800 259,000 55,000 1,112,079 601,931 942,000 400,000 0 50,000 50,000 15.046,614 15,202,748 1,221,8161,118,764 $16,165,378 $16,424,564 $16,759,920 2014 2015 2016 2017 201A 2019 2020 202't 2022 2023BUDGET BUDGEI BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET 12,985,530 14,186,738 14,406,880 1 4,623,383 14,851 ,189 2024 BUDGET 3,279,621 3,200,000 3,350,000 3,417,000 3,485,340 3,555,047 3,626,148 3,698,671 3,772,644 3,848,097 3,925,059 4,003,560 259,804 260,000 270,000 275,400 280,908 286,526 292,257 298j02 304,064 310,145 316,348 322,675 2,464,430 2,500,000 3,544,000 3,597,160 3,651,117 3,705,884 3,761,472 3,817,894 3,875j62 3,933,289 3,992,288 4,052,172 2,768,900 2,831,100 2,860,000 2,917,200 2,975,544 3,035,054 3,095,754 3,157,669 3,220,823 3,285,241 3,350,946 3,417,965 124,497 120,000 125,000 127,500 130,050 132,651 135,304 138,010 140,770 143,585 146,457 149,386 54,933 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 498,397 596,800 56 1,000 s69,300 580,490 590,374 600,455 610,737 621,226 631,925 642,837 653,967 569,931 505,992 512,100 519,300 525,524 531,832 536,227 540,710 545,282 549,946 554,703 559,555 256,271 339,000 345,600 357,470 364,360 371,271 372,853 374,457 376,083 377,732 379,404 380,599 1,133,100 1,165,600 1,180,000 1,190,000 1,200,000 1,210,000 1,220,000 1,230,000 1,240,000 1,250,000 1,260,000 1,260,000 712,800 758,988 758,988 759,000 760,000 760,000 760,000 760,000 760,000 760,000 760,000 760,000 253,00000000000000 199,553 320,200 320,200 330,200 330,200 330,200 330,200 330,200 330,200 330,200 330,200 330,200 37 ,241 18,750 20,750 23,250 25,750 28,250 30,750 35,250 37 ,750 41,750 41 ,750 41,750 138,204 259,000 259,000 259,000 259,000 259,000 259,000 259,000 259,000 259,000 259,000 259,000 27,630 70,100 40,100 25100 15,100 15,100 15,100 15,100 15,100 15,100 15,100 15,100 ADMIN POLICE & FIRE ENGINEERING M&O FUND STREET/FACIL REET 2 FUND 2012 ACTUAL 2013 ACTUAL 2014 BUDGET $6,1 99,068 2,089,366 127,600 I ,1 53,1 61 862,339 259,000 57,600 872,720 257,675 737,001 285,000 35,000 0 50,000 $6,1 35,386 1,977,550 1 15,952 1,028,534 795,783 331,920 1 69,870 867,549 282,743 497,200 520,000 1 30,000 0 0 $6,095,423 2,023,007 96,585 1,103,457 809,1 78 148,220 1 07,1 30 876,847 347,223 684,000 350,250 10,000 0 0 $6,446,312 2,244,344 1 1 6,'1 50 1 ,1 33,888 907,800 259,000 37,800 1,157,541 537,524 942,000 375,000 0 50,000 50,000 14,257,359 1,049,6'.t2 $6,573,653 2,326,431 1 16,150 '1,135,910 888,800 259,000 71,200 I ,199,669 613,831 942,000 375,000 U 50,000 50,000 $6,703,542 2,411,658 116,150 1,147 ,835 899,800 259,000 71,200 1,187,566 603,931 942,000 390,000 0 50,000 50,000 14,832,682 't,089,858 $1 5,922,540 $6,836,030 2,497,906 I 16,150 1 , I 52,935 900,800 259,000 55,000 1,184,862 601,931 942,000 400,000 0 50,000 50,000 $7,109,005 2,684,976 'I 16,I 50 I,153,935 902,800 259,000 55,000 1 ,057,544 601,931 942,000 400,000 0 50,000 50,000 15,382,341 't,377 ,579 $7,249,603 2,783,917 I 16,150 I ,153,935 902,800 259,000 55,000 1,030,120 611,931 942,000 400,000 0 50,000 50,000 15,604,456 1,549,133 $7,393,013 2,886,654 116,150 1 ,1 53,935 902,800 259,000 55,000 1,024,825 61 1,931 942,000 400,000 0 50,000 50,000 $7,539,290 2,993,331 1 16,150 I ,153,935 902,800 259,000 55,000 1,024,825 611,931 942,000 400,000 0 50,000 50,000 2015 2016BUDGET BUDGET $6,321,467 2,165,268 116,150 1 ,1 16,688 881,800 259,000 37,800 923,380 51 4,394 940,700 375,000 35,000 50,000 50,000TRANSFER TO MANDATORY RESERVE FUND TOTAL OPERATING EXPENDITURES ENDING FUND BALANCE TOTAL GENERAL FUND EXPENDITURES 12,852,487 12,651,320 12,985,530 377,749 504,741 500,000 13,786,647 900,091 14,601 ,644 1,071,351 '15,845,308 16,098,262 1,717 ,917 1,865,584 $17,153,589 $17,563,225 $17,963,846$.13,230,236 $13,156,061 $13,485,530 $14,686,738 $15,306,97'1 $15,672,995 91 149,521 21,739 't8,s07 28,906 103,052 1s5,763 Reouired Reserve Calculation 1,180,954 1,200,207 1,219,385 1,232,396 1,247,362 891,476 907,643 _924,111 940,887 957,975 2,072,430 2,107,850 2,143,496 2,'t73,283 2,205,337 171,554 168,784 ',147,667 1,265,871 1,285,942 1,307,022 975,383 993,1 15 1,011 ,1782,24'.t,254 2,279,057 2,318,200 1,865,584 I month Operating Exp (not ¡ncl Non-Exp, Cap Outlay & Tranf to Reserve) 1,051,578 1,115,821 '1,155,047 8% Taxes & Lic 763,832 860,000 875,485 Total required Reserve amount 1,815,410 1,975,821 2,030,532 Balance ¡n General Fund 500,000 900,091 1,049,612 1,071,351 1,089,858 1,118,764 1,221,816 1,377,5t9 1,549,133 1,717,9'.t7 1,339,858 (767,992) 't,418,764 1724,7321 1,571,816 (60r,¡$7) 1,777,579 (427,7581 1,999,r33 (242,1211 2,217,917 (61,f¡f0) 2,415,584 97,384 Balance in Mand. Reserve Fund 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 450,000 500,000 550,000 Total Ending General Fund Balance Fund Balance Overage/(Shortage) 550,000 (1,255,41 0) t,000,091 (975,730) I,199,612 1,27',t,3s1 (830,920) (80r,079) Page 1City of Arlington - CONFIDENTIAL Prinled 611112014 1O YEAR BUDGET PROJECTION - GENERAL FUND With Reduced Debt Service CITY OF ARLINGTON GENERAL FUND REVENUES TAXES 2012 2013 2014 2015 ACTUAL ACTUAL BUDGET BUDGET 2016 BUDGET 20't7 BUDGET 20'18 BUDGET 2019 BUDGET 2020 BUDGET 2021 BUDGET 2022 BUDGET 2023 BUDGET 2024 BUDGET Sales Tax - 1% 3,087,559 3,279,621 3,200,000 3,350,000 3,417,000 3,485,340 3,555,047 3,626,148 3,698,671 3,772,644 3,848,097 3,925,059 4,003,560 Sales Tax - 0 1% Criminal Justice 240,895 259,804 260,000 27O,0OO 275A00 280,908 286,526 292,257 298,102 304,0ô4 310,145 316,348 322,675 PropertyTaxes 2,410,610 2,464,430 2,500,000 3,544,000 3,597,160 3,651,117 3,705,884 3,761,472 3,817,894 3,875,162 3,933,289 3,992,288 4,052,172 UtilityTaxes/UseTaxes 2,635,065 2,768,900 2,831,100 2,860,000 2,917,200 2,975,544 3,035,054 3,095,754 3,157,669 3,220,823 3,285,241 3,350,946 3,417,965 Leasehold ExciseTax 116,084 124,497 ,120,000 125,000 127,500 130,050 132,651 135,304 138,010 140,770 143,585 146,457 149,386 Gambling Taxes 1 1 5,833 54,933 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 L|CENSES & PERMTTS 679,183 498,397 596,800 561,000 569,300 580,490 590,374 600,455 610,737 621,226 631,92s 642,837 653,967 TNTERGOVERNMENTAL 744,331 569,931 505,992 512,100 519,300 525,524 531 ,832 536,227 540,710 545,282 549,946 554,703 559,555 CHARGES FOR SERVTCES 308,155 256,271 339,000 345,600 357,470 364,360 371,271 372,853 374,457 376,083 377,732 379,404 380,599 TNTERFUND CHARGES FOR SERVTCES POLTCE & F|RE 712,800 712,800 758,988 758,988 759,000 760,000 760,000 760,000 760,000 760,000 760,000 760,000 760,000 INTERFUNDCHARGESFORSERVICES ENGINEERING 494,731 253,OOO O O O O O O O O O O O FTNES & FORFETTURES 251,820 199,553 320,200 320,200 330,200 330,200 330,200 330,200 330,200 330,200 330,200 330,200 330,200 M|SCELLANEOUS 75,489 37 ,241 18,750 20,750 23,250 25,750 28,250 30,750 35,250 37 ,750 41,750 41,750 41 ,750 NON-REVENUES 302,071 138,204 259,000 259,000 259,000 259,000 259,000 259,000 259,000 259,000 259,000 259,000 259,000 oTHER FINANC|NG SOURCES 5,893 27,630 70,100 40,100 25,100 15,100 15,100 15,100 15,100 15,100 15,100 15,100 15,100 TOTAL OPERATING REVENUES BEGINNING FUND BALANCE TOTAL GENERAL FUND REVENUES GENERAL FUND EXPENDITURES SALARIES BENEFITS SUPPLIES CHARGES FOR SERVICES INTERGOVERNMENTAL NON-EXPENDITURES CAPITAL OUTLAY DEBT SERVICE INTERFUND EQUIP RENTAL INTERFUND CHARGES FOR SERVICES M&O FUND INTERFUNDTRANSFERS STREET/FACIL INTERFUNDTRANSFERS REET2 FUND TRANSFER TO BUILDING RESERVE TRANSFER TO MANDATORY RESERVE FUND TOTAL OPERATING EXPENDITURES ENDING FUND BALANCE TOTAL GENERAL FUND EXPENDITURES I 3,230,1 59 12,77A,312 1 2,985,530 14j86,738 14,406,880 14,623,383 14,851 ,189 1 5,075,520 1 5,305,800 15,538,104 15.776,010 16,014,092 16,245,929 77 377,749 500,000 500,000 91,t,809 1,078,309 1,125,880 1,167,840 1,267,36s 1,422,049 1,622,9'.11 ',t,794,46s 1,963,249 13,230,236 13,156,061 13,485,530 14,686,738 15,318,689 15,701,692 15,977,0ô9 16,243,360 16,573,165 16,960,153 17,398,921 17,808,557 18,209,178 12,985,ss0 13,774,929 14,240,380 14,575,812 14,809,229 14,975,995 15,151,116 15,337,242 15,845,308 16,098,262 500,000 91r,809 I,1 25,880 1,1 67,840 1,267,365 1,422,049 1,622,911 1,963,249 2,110,916 $'13,230,236 $13,156,061 $13,485,530 $14,686,738 $15,701,692 $15,977,069 $16,243,360 $16,573,165 $17,808,557 $18,209,178 168,784 147,667 2012 ACTUAL $6, I 35,386 1,977,550 1 15,952 1,028,534 795,783 331,920 1 69,870 867,549 282,743 497,200 520,000 1 30,000 0 0 20't3 ACTUAL $6,095,423 2,023,007 96,585 1 ,1 03,457 809,1 78 148,220 107,130 876,847 347,223 684,000 350,250 I 0,000 0 0 20't4 BUDGET $6,1 99,068 2,089,366 127,600 1,153,161 862,339 259,000 57,600 872,720 257,675 737,001 285,000 35,000 0 50,000 2015 BUDGET $6,321,467 2,165,268 1 16,150 I ,1 16,688 88'1,800 259,000 37,800 911,662 51 4,394 940,700 375,000 35,000 50,000 50,000 201 6 BUDGET $6,446,312 2,244,344 116,150 1 ,1 33,888 907,800 259,000 37,800 1,140,562 537,524 942,000 375,000 0 50,000 50,000 2017 BUDGET $6,573,653 2,326,431 116,150 1 ,135,910 888,800 259,000 71,200 1,173,837 613,831 942,000 375,000 0 50,000 50,000 2018 BUDGET $6,703,542 2,411,658 't 16,'150 1,147,835 899,800 259,000 71,200 1,164,1 1 3 603,931 942,000 390,000 0 50,000 50.000 2019 BUDGET $6,836,030 2,497,906 1 1 6,'1 50 1 ,1 52,935 900,800 259,000 55,000 1,114,243 601,931 942,000 400,000 0 50,000 50,000 2020 BUDGET $6,97'l ,166 2,589,687 1 1ô,150 1 ,153,935 901,800 259,000 55,000 1,060,447 601,931 942,000 400,000 ñ 50,000 50,000 2021 BUDGET 2022 BUDGET 2023 BUDGET 2024 BUDGET $7,1 09,005 2,684,976 116,150 1 ,153,935 902,800 259,000 55,000 1,012,445 601,931 942,000 400,000 0 50,000 50.000 $7,249,603 2,783,917 116,150 I ,1 53,935 902,800 259,000 55,000 1 ,030,120 61 1,931 942,OOO 400,000 0 50,000 50,000 15,604,456 1,794,465 $7,393,013 2,886,654 116,150 1 ,153,935 902,800 259,000 55,000 1,024,825 611,931 942,OOO 400,000 0 50,000 50,000 $7,539,290 2,993,331 Í 6,1 50 1 ,153,935 902,800 259,000 55,000 1,024,825 611,931 942,000 400,000 0 50,000 50,000 12,852,487 12,651,320 377,749 504,741 1,078,309 $1 5,31 8,689 Required Reserve calculation I month Operating Exp (not incl Non-Exp, Cap Outlay & Tranfto Reserve) 8% Taxes & Lic Total requ¡red Reserve amount Balance in General Fund Balance in Mand. Reserve Fund Total Ending General Fund Balance 41,960 99,525 154,684 $16,960,153 $17,398,921 200,862 ',t71,554 1,243,604 1,265,8711,051,578 1,114,844 1,1 53,632 I,178,801 1,198,252 1,2',t3,500 1,228,093 1,285,942 1,307,022 763,832 860,000 875,485 891,476 907,643 924,111 940,887 957,975 975,383 993,115 1,01'1,178 1,815,410 1,974,84 2,029,117 2,070,277 2,105,895 2,137,611 2,168,980 2,20',1,579 2,241,254 2,279,057 2,318,200 500,000 911,809 1,078,309 1,125,880 1,167,840 1,267,365 1,422,049 1,622,911 1,794,465 1,963,249 2,',110,916 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 4s0,000 500,000 550,000 5s0,000 1,011,809 1,228,309 r,325,880 1,417,840 1,567,365 1,772,049 2,022,911 2,244,465 2,463,249 2,660,916 (800,808) 174,3971 Page 1 't84,192 342,716 City of Arlington - CONFIDENTIAL Fund Balance Overage/(Shortage)(r,26s,4r0)(963,03s)(688,0s5)(s70,246)(396,93r)(r78,668)3,211 Ptir]l(ed 611112014 City of Arlington Council Agenda Bill Item: NB #8 Attachment J COUNCIL MEETING DATE: June 16, 2014 SUBJECT: Authorization for the Mayor to sign a Memorandum of Understanding with Arlington Police Officers Association (APOA) ATTACHMENTS: Memorandum of Understanding between the City of Arlington and the Arlington Police Officers Association DEPARTMENT OF ORIGIN Administration: Contact Kristin Banfield, 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City of Arlington and APOA, representing Arlington Police Officers have reached tentative agreement on 2014 collective bargaining agreement. The attached MOU outlines the complete agreement reached by the parties. HISTORY: This agreement was reached after extensive negotiations between the two parties. ALTERNATIVES RECOMMENDED MOTION: I move to authorize the Mayor to sign the Memorandum of Understanding with the Arlington Police Officers Association. AGREEMENT By and between THE CITY OF ARLINGTON, WASHINGTON And ARLINGTON POLICE OFFICERS’ ASSOCIATION (Representing Law Enforcement Officers) THIS AGREEMENT is entered into by and between the City of Arlington, Washington, hereinafter referred to as the “City”, and the Arlington Police Officers’ Association, hereinafter referred to as the “Association”. The City and the Association are parties to a Collective Bargaining Agreement dated May 23, 2013 which covers wages, hours of work, and other working conditions from January 1, 2013 through December 31, 2013, hereinafter referred to as “the 2013 Agreement”. The parties wish to extend the 2013 Agreement for one additional year with the following modifications: 1. The 2013 Agreement is hereby extended for one additional year, beginning on January 1, 2014 through December 31, 2014. 2. Vacation cashout referenced in Article 10, Section 5 will be in effect for 2014, subject to a maximum of 453.75 hours to be cashed out for the entire bargaining unit. 3. At the discretion of the City, the examinations utilized for forming a Sergeant’s promotional list may include the use of an Assessment Center. 4. Specialty Assignment Rotation a. The following Specialty Assignments will have a four (4) year rotation, with a one year extension at the discretion of the Chief: - Detective (including Detective assigned to the Snohomish Regional Drug & Gang Task Force) - Defensive Tactics Instructor - Field Training Officer - Firearms Instructor / Armorer - School Resource Officer - Airport Resource Officer (K9 Officer) - Anti-Crime Team b. The following Specialty Assignments will have a five (5) year rotation, with a one year extension at the discretion of the Chief: - Detective Sergeant c. The following Specialty Assignments will have a four (4) year rotation, with a variable one to two (1-2) year extension at the discretion of the Chief: - Traffic Officer / EVOC Instructor: extension of one (1) year, at the discretion of the Chief, if the Traffic Officer does not receive Accident Reconstructionist certification. - Traffic Officer / EVOC Instructor: extension of two (2) years, at the discretion of the Chief, if the Traffic Officer receives Accident Reconstructionist certification. - Traffic Officer / EVOC Instructor shall attend the EVOC Instructor Training at the first available opportunity. 5. Apprenticeship Program a. One (1) apprenticeship position will be made available for each of the following positions: - Firearms Instructor / Armorer - Defensive Tactics Instructor - EVOC Instructor b. The 4% premium for the three specialty assignments listed in Section 5a will be split between the primary (3%) and the apprentice (1%). In the event there is no apprentice the officer in the position will receive the entire 4%. For the EVOC apprentice, the premium pay will come from the EVOC premium and not the traffic premium. 6. Airport Resource Officers (K9) will not be allowed to schedule or take vacation during the annual Arlington Fly-In, held the second weekend in July, unless agreed to by the Chief of Police or his/her designee. This Agreement amends the 2013 Agreement, effective upon the date of signature of both parties below. In all other respects and except as specifically amended herein, the 2013 Agreement shall remain in full force and effect for 2014. ARLINGTON POLICE OFFICERS’ CITY OF ARLINGTON, WASHINGTON ASSOCIATION By _________________________________ By _________________________________ Rory Bolter, President Barbara Tolbert, Mayor Date _________________________________ Date _______________________________