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HomeMy WebLinkAbout05-11-2015 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert - Deana APPROVAL OF THE AGENDA Mayor Pro Tem Chris Raezer WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Board and Commission Members Appointment and ATTACHMENT A Reappointment Staff Presentation: Kristin Banfield Council Liaison: Mayor Pro Tem Chris Raezer 2. Jensen Waterline Project—Apparent Low Bidder ATTACHMENT B Staff Presentation: Eric Scott Council Liaison: Dick Butner 3. Arlington Task Force K-9 Interlocal Agreement ATTACHMENT C Staff Presentation: Bruce Stedman Council Liaison: Jesica Stickles 4. Street Vacation Petition—Portion of 67th Ave NE ATTACHMENT D Staff Presentation: Marc Hayes Council Liaison: Marilyn Oertle 5. Annual Stormwater Management Plan Presentation ATTACHMENT E Staff Presentation: Bill Blake Council Liaison: Dick Butner 6. Miscellaneous Council Items EXECUTIVE SESSION RECONVENE Arlington City Council Workshop Monday, May 11, 2015 – 7:00p.m. City Council Chambers ~ 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. PUBLIC COMMENT For members of the public to speak to the Council regarding matters on the Council Workshop agenda. Please limit your remarks to three minutes. ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: May 11, 2015 SUBJECT: Appointment/Reappointment to Boards & Commissions ATTACHMENTS: Applications for new appointments to Boards/Commissions DEPARTMENT OF ORIGIN Administration / City Clerk: Kristin Banfield, 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is requested to appoint new members and reappoint existing members to the City’s various boards and commissions. The following individuals are requested to be appointed: New appointments: Steve Maisch to PARC. Reappointments: AJ Chase and Cheri Carlson to the Airport Commission; Jerrie Inman to Library Board; Mike Thomas, Craig Chase, and Tony LaSalata to the Planning Commission; and Tiffany McAuslan to PARC. HISTORY: Appointments to Boards and Commissions are required when new vacancies occur. Reappointments are requested when terms have expired and the board member / commissioner requests to continue on the board. ALTERNATIVES NONE RECOMMENDED MOTION: None. Workshop discussion only. APPLICATION FOR BOARDS & COMMISSIONS Name Steve Maisch Address* Phone (home)Phone (work) E-mail address I am interested in serving on the following Boards and Commissions (check all that apply) Airport Commission Civil Service Commission Parks, Arts, and Recreation Commission Cemetery Board Library Board Planning Commission Lodging Tax Advisory Committee Citizens Salary Commission Background/Experience/Interest 40 + years in EMS field. Currently co-owner medical staffing company Neighborhood safety patrol Retired US Navy (1974-78 active, 1987-2006 reserve) IRS TAP (Taxpayer Advocacy Panel) 2006-09 Paid Tax Preparer 2001-11 Past church Treasurer Volunteer Fire Fighter 1978-86 Continued strong interest in community service Date:2/8/15 City of Arlington Council Agenda Bill Item: WS #2 Attachment B COUNCIL MEETING DATE: May 11, 2015 SUBJECT: Apparent low bid for the Jensen Water Improvement Project ATTACHMENTS: Bid Tabulation from May 7, 2015 Bid Opening (handout at the meeting) DEPARTMENT OF ORIGIN Public Works –Eric Scott EXPENDITURES REQUESTED: $ XXX,XXX (Apparent Low Bid) BUDGET CATEGORY: Water Capital Funds LEGAL REVIEW: DESCRIPTION: The Jensen Water Improvement Project was recently advertised for construction and bids were opened on Thursday May 7th, a summary of received bids will be handed out at the workshop. HISTORY: In 2014 there were several water main breaks in the Jensen-Kona neighborhood, the water mains in this area are Asbestos Concrete (AC) pipe and have served their useful life. Replacement of AC water mains is identified in the Water Utility capital improvement program and the City Engineer has completed designs for water system replacement in the Jensen-Kona neighborhood. This project entails replacement of old and failing AC water mains, installation of new fire hydrants, and installation of new water meters. This project is being coordinated with the Transportation Benefit District’s 2015 pavement overlay program, all impacted neighborhood public streets will be resurfaced after completion of the water main installation. ALTERNATIVES - Reject Bids, re-advertise the project - Remand to staff for further evaluation RECOMMENDED MOTION: No Action at this time, workshop/discussion only. At the May 18th Council Meeting, staff will recommend the following motion, “I move to award the Jensen Water Improvement Project to ___________ and authorize the Mayor to sign the Construction Contract, pending review by the City Attorney.” City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: May 11, 2015 SUBJECT: Arlington Task Force K9 Interlocal Agreement ATTACHMENTS: Interlocal Agreement DEPARTMENT OF ORIGIN Police EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: This is an Interlocal Agreement between participating jurisdictions in the Snohomish Regional Drug & Gang Task Force and the City of Arlington relating to a police K9 team internship. HISTORY: The Snohomish Regional Drug Task Force has supported the City of Arlington with resources to reduce drug activity in the past. The City of Arlington will now be part of a police K9 team internship. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. 1 INTERLOCAL AGREEMENT BETWEEN PARTICIPATING JURISDICTIONS IN THE SNOHOMISH REGIONAL DRUG & GANG TASK FORCE AND THE CITY OF ARLINGTON RELATING TO A POLICE K9 TEAM INTERNSHIP_ THIS AGREEMENT, entered into by and between Snohomish County, a political sub-division of the State of Washington, acting on behalf of Snohomish County and the following cities, agencies, tribes, and district: City of Arlington City of Marysville City of Bothell City of Mill Creek City of Brier City of Monroe City of Darrington City of Mountlake Terrace City of Edmonds City of Mukilteo City of Everett City of Snohomish City of Gold Bar City of Stanwood City of Granite Falls City of Sultan City of Index DSHS, Child Protective Services City of Lake Stevens Washington State Patrol City of Lake Forest Park Snohomish Health District City of Lynnwood pursuant to the authority granted by that certain interlocal agreement effective July 1, 2014, (hereinafter collectively referred to as either the Snohomish Regional Drug Task Force or SRD & GTF) and the City of Arlington, a Washington municipal corporation, (hereinafter referred to as THE CITY). WHEREAS, interlocal agreements governing the SRD& GTF have been in effect continuously since 1988 with the most recent interlocal agreement having taken effect on July 1, 2006; and WHEREAS, the SRD& GTF and THE CITY are both authorized to enforce the provisions of chapter 69.50 RCW; and WHEREAS, the SRD &GTF desires to employ one full-time CITY Police K9 and Police Officer/Handler (hereinafter referred to as Police K9 Team) to assist in enforcement of chapter 69.50 RCW; and WHEREAS, Chapter 39.34 RCW authorizes two or more public entities to contract with each other to perform functions that each may individually perform; and 2 NOW THEREFORE, in consideration of the covenants, conditions, performances, and promises contained herein, the parties agree as follows: 1.0 SCOPE OF SERVICES During the term of this agreement, THE CITY shall employ, dedicate and assign one full-time Police K9 Team to the SRD& GTF. THE SRD & GTF shall provide the Police K9 Team assigned to SRD & GTF cases under this agreement with all necessary training, specialized equipment not already provided by City, vehicle, supplies and information sources necessary to carry out his/her duties. 2.0 TERM OF AGREEMENT This agreement shall take effect on May 01, 2015, and continue in effect through July 31, 2015, unless earlier terminated as provided in this agreement. 2.1 At the expiration of the Initial Term, this Agreement may automatically renew for a successive (3) month period unless either party provides notice of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of the then current term. 3.0 COMPENSATION The SRD& GTF will reimburse THE CITY within 30 days of receipt of invoicing by THE CITY, for actual overtime wages paid to the Police K9 Team for overtime hours worked providing services under this agreement at the following rates: One and one-half (1-1/2) times the employee’s straight-time rate of pay in accordance with the Collective Bargaining Agreement between the City of Arlington, Washington and the Arlington Police Officers’ Association, as determined by the City of Arlington Finance Department. A one-time payment of $15,000.00 to support the Arlington Police Department K9 Program. _ 3.1 If this Agreement is renewed for a successive (3) month period past the Initial Term, THE CITY and the SRD & GTF each reserves the right to renegotiate compensation. 4.0 COMMAND AND CONTROL The Police K9 Team providing services under the terms of this agreement shall be under the direct command and control of the SRD & GTF Commander or designee and shall perform the duties required by this agreement in a manner consistent with SRD & GTF policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. The specific assignment of personnel to accomplish the purpose of this agreement shall be at the discretion of the Public Safety Director of THE CITY or designee. 3 5.0 TERMINATION. Either party may terminate this Agreement for any reason upon providing written notice to the other party 30 days prior to the effective termination date, in which case the SRD & GTF shall compensate THE CITY only for the costs of those services provided through the period of time this Agreement remains in effect. Termination shall not affect the rights of the either party under other sections of this Agreement. 6.0 NOTICES. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed given when delivered personally or when sent by certified or registered mail to the following: Any notice to the SRD & GTF shall be sent or delivered to: Pat Slack, Commander Snohomish Regional Drug & Gang Task Force 3000 Rockefeller Avenue, M/S 606 Everett, WA 98201 Any notice to THE CITY shall be sent or delivered to: Bruce Stedman, Director of Public Safety 110 E. 3rd Street Arlington, WA 98223 7.0 INDEMNIFICATION. 7.1 The SRD & GTF shall protect, save harmless, indemnify and defend THE CITY, its elected and appointed officials, officers, employees and agents, from and against any loss or claim for damages of any nature whatsoever, including claims by third parties or SRDTF employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the SRD & GTF in performance of this Agreement, its elected or appointed officials, officers, employees or agents, except to the extent the loss or claim is attributable to the negligence or willful misconduct of THE CITY, its elected or appointed officials, officers, employees or agents. 7.2 THE CITY shall protect, save harmless, indemnify and defend SRD & GTF, its elected and appointed officials, officers, employees and agents from and against any loss or claim for damages of any nature whatsoever, including claims by third parties or THE CITY employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of THE CITY in performance of this Agreement, its elected or appointed officials, officers, employees or agents, except to the extent the loss or claim is attributable to the negligence or willful misconduct of SRD & GTF, its elected or appointed officials, officers, employees or agents. 4 8.0 AUDITS AND INSPECTIONS. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by SRD & GTF or THE CITY during the term of this Agreement and for a period of three years after termination. 9.0 AMENDMENTS. This Agreement may be amended at any time by mutual written agreement of the parties that is executed and filed with the Auditor as required by RCW 39.34.040. 10.0 NO THIRD PARTY BENEFICIARY. SRD & GTF and THE CITY agree that this Agreement shall not confer third party beneficiary status on any non-party. 11.0 LEGAL REQUIREMENTS. Both parties shall comply with all applicable federal, state and local laws in performing this Agreement. 12.0 VENUE. The laws of the State of Washington shall apply to the construction and enforcement of this agreement. Any action at law, suit in equity, or judicial proceedings for the enforcement of this agreement or any provision hereto shall be in the Superior Court of Snohomish County, Everett, Washington. 13.0 WAIVER OF DEFAULT. Waiver of any default shall not be deemed as a waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by SRD & GTF and THE CITY, which shall be attached to the original Agreement and filed with the Auditor. 14.0 DISPUTE RESOLUTION 14.1 In the event differences between SRD &GTF and THE CITY should arise over the terms and conditions of this Agreement, both the SRD & GTF Commander and the Director of Public Safety, or their respective designees, shall attempt to resolve any problems on an informal basis. 14.2 If the problem cannot be resolved informally, the matter shall be referred to the Snohomish County Dispute Resolution Center for mediation. 14.3 If mediation is not successful, either party may institute legal action to enforce the terms and conditions of this Agreement. The prevailing party in any legal action shall be entitled to reasonable attorney’s fees and court costs. 15.0 ENTIRE AGREEMENT. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance and the provisions of this Agreement. 16.0 SEVERABILITY CLAUSE. Should any clause, phrase, sentence or paragraph of this 5 Agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement. “CITY” “SRD & GTF” City of Arlington Snohomish County ____________________________________________________________ Bruce Stedman, Director of Public Safety John Lovick, County Executive Date __________________________ Date __________________________ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL _____________________________________________________________ City Attorney Ty Trenary, Sheriff Date _________________________________________________________ Pat Slack, Task Force Commander APPROVED: APPROVED AS TO FORM: _____________________________________________________________ Lyndsey Downs Deputy Prosecuting Attorney Date _________________________________________________________ Keith Mitchell, Risk Management City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: May 11, 2015 SUBJECT: Street Vacation Petition for a portion of 67th Ave. NE Right of Way located at 210 S West Street (Twin City Foods Inc. site). ATTACHMENTS: Street Vacation Petition, Staff Report, Resolution to Schedule a Public Hearing and refer to Planning Commission for consideration, Map describing the area to be vacated. DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Petition for Street Vacation of a portion of 67th Ave. NE Right of Way. HISTORY: The proposed Right of Way vacation was requested by Twin City Foods Inc. to address the encroachment of their building into the existing Right of Way and secure the current loading/unloading operations of their trucks at this facility. This proposed Right of Way vacation was discussed by City Council in executive session. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: No action needed at this time. The proposed motion at the May 18, 2015 Council meeting will be “I move to adopt the resolution regarding the vacation of a portion of 67th Ave. NE Right of Way, scheduling a Public Hearing for the proposed action and referring the matter to the Planning Commission for consideration. Staff analysis for the proposed vacation of a portion of 67th Ave. NE  Per AMC Chapter 12.18 –Street Vacations, Section 12.18.070 – Staff  Report, the following information shall be provided;    (1) Information on how and when the street sought to be vacated became a public street.    This portion of Right of Way was established as Public Highway by the Board of Snohomish  County Commissioners Nov 6, 1891.  It was re‐established by the Washington State Highway Commission, Department of  Engineers as Secondary State Highway NO. 1‐A June 29, 1954.    (2) Whether or not utilities exist in the street and whether such street may reasonably be  necessary in the future for utility purposes.    The described portion of Public Right of Way, which is the subject of this petition to vacate,  contains existing utilities which will need to be granted easement over, across and under  the subject property.         (3) Whether or not and in what respect the public may be benefitted or harmed by the  vacation.    This action allows the site to be sold and continue to operate under new ownership.  Public  benefit may be served by placing the subject property back on the tax rolls. Staff believes  no public harm would be caused by this vacation.    (4) Whether or not the street has been opened or constructed, and what effect the vacation  may have on property served or which might be served in the future.    The subject property is outside the improvements recently installed as part of the 67th Ave.  Phase III project. Should any expansion of 67th Ave NE be required at this location in the  future, this vacated Right of Way may need to be re‐acquired, but future expansion would  also necessitate the removal of the existing building given its proximity to the roadway at  this location.      (5) Information on the appraised value of the street, if such information is available.  Staff received no formal information related to the appraised value of the subject property  with this petition to vacate. Twin City Foods Inc. made an offer of $15,000.00 for the  purchase of the subject property, an area of 12,502.65 S.F.  This offer was countered by the  City and the parties agreed to a sum of $37,507.95 for the subject property.      (6) Any recommendation of city staff concerning the desirability of retaining an easement  or any interest in the property sought to be vacated for the purpose of the construction,  repair and maintenance of public utilities and services.    Both City and Franchise owned utilities currently exist within the Right of Way to be  vacated, as such, easements to maintain, repair and improve the existing utilities need to  be included in the title of the property to be vacated.    (7) Any other information deemed by city staff to be appropriate for consideration by the  city council.    This vacation of property addresses the encroachment of the Twin City Foods                            building within the existing Right of Way and provides for clear title of property which was  a requirement of the purchaser’s lender.    RESOLUTION NO. 2015-XXX RESOLUTION NO. 2015-XXX A RESOLUTION REGARDING THE PROPOSED VACATION OF A PORTION OF 67th AVENUE NORTHEAST RIGHT OF WAY WHEREAS, the City Council has received a request concerning the vacation of certain right of way within 67th Avenue northeast, located in the City of Arlington; and WHEREAS, the City Council wishes to pass a resolution to schedule a public hearing on the vacation of the right of way, and the City Council wishes to schedule a public hearing and refer the matter to the planning commission for consideration; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, AS FOLLOWS: 1. City staff is hereby directed to refer the above street vacation to the planning commission for its review. 2. A public hearing shall be scheduled before the City Council, as required by RCW Chapter 35.79 and Arlington Municipal Code sections 3.70.030 and 12.18.050 at the regular meeting of the City Council on the 15 day of June, 2015. APPROVED by the Mayor and City Council of the City of Arlington this ______ day of ____________________, 2015. 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 E COUNCIL MEETING DATE: May 11, 2015 SUBJECT: NPDES Phase II Annual 2015 Stormwater Management Plan (SWMP) ATTACHMENTS: Document is located on the City Website at the following link: http://arlingtonwa.gov/modules/showdocument.aspx?documentid=10237 DEPARTMENT OF ORIGIN Public Works Department – Bill Blake EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Review of the Annual Update of the Stormwater Management Plan as required by the National Pollution Discharge Elimination Systems Permit. HISTORY: The City has been operating under the Department of Ecology NPDES permit since 2007. The City first submitted a SWMP in 2008. Since that time the City has annually produced an updated SWMP available for public review and comment. The majority of the SWMP is standard language. The “WHATS NEW” sections will let the reader know what is proposed for 2015. Readers are encouraged to share their thoughts on how Arlington can better meet the conditions of the NDPES Phase II 2013-2018 permit. ALTERNATIVES: Discussion item providing the Council and public an opportunity to review, ask questions or recommend changes. RECOMMENDED MOTION: Workshop item only. No action necessary.