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Home My WebLink About07-06-2015 Council MeetingSPECIAL 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 – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Chris Raezer INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS SWEARING IN New City Councilmember, Austin B. DeFreece III, will be sworn in, filling Dick Butner’s vacant seat, Position #6. Mayor Barb Tolbert – City Attorney Steve Peiffle PROCLAMATIONS PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes. CONSENT AGENDA 1.Minutes of the June 15 and June 22, 2015 Council Meetings ATTACHMENT A 2.Accounts Payable PUBLIC HEARING NEW BUSINESS 1. Library Board Appointment ATTACHMENT B Staff Presentation: Kristin Banfield Council Liaison: Mayor Pro Tem Chris Raezer 2. Surplus Vehicles and Equipment ATTACHMENT C Staff Presentation: Kristin Banfield Council Liaison: Mayor Pro Tem Chris Raezer Arlington City Council Meeting July 6, 2015 at 7:00 p.m. City Council Chambers – 110 E Third St 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. 3. Street Closure for Skateboard Race event ATTACHMENT D Staff Presentation: Kristin Banfield Council Liaison: Marilyn Oertle 4. Cemetery Tombstone Project ATTACHMENT E Staff Presentation: Jim Kelly Council Liaison: Randy Tendering 5. Increase Finance Department Change Fund ATTACHMENT F Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Chris Raezer 6. Bond Issuance--Fire Apparatus Financing ATTACHMENT G Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Chris Raezer 7. Adoption of Ordinance Approving 2015 Comprehensive Plan Update ATTACHMENT H Staff Presentation: Marc Hayes Council Liaison: Marilyn Oertle 8. Willett Comprehensive Plan Amendment and Rezone ATTACHMENT I Staff Presentation: Marc Hayes Council Liaison: Marilyn Oertle 9. Allen Comprehensive Plan Amendment and Rezone ATTACHMENT J Staff Presentation: Marc Hayes Council Liaison: Marilyn Oertle 10. WD Arlington Investments, LLC Comprehensive Plan ATTACHMENT K Amendment and Rezone Staff Presentation: Marc Hayes Council Liaison: Marilyn Oertle 11. Potential Settlement Agreement re Pending Litigation Staff Presentation: Paul Ellis/City Attorney Steve Peiffle Council Liaison: Mayor Pro Tem Chris Raezer DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS 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. MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third June 15, 2015 City Council Members Present: Jan Schuette, Marilyn Oertle, Chris Raezer, Debora Nelson, Jesica Stickles, and Randy Tendering Council Members Absent: City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Jim Kelly, Marc Hayes, Jonathan Ventura, Bruce Stedman, Sheri Amundson, Kristin Garcia, David Ryan, Tim Mensonides, Maxine Jenft, Deana Dean, and Steve Peiffle – City Attorney Also Known to be Present: Sarah Arney, Craig Christenson, Jacob Kukuk, Mike Britt, Christy Brubaker, and Mike Hopson. Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. APPROVAL OF THE AGENDA Chris Raezer moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS Councilmember Schuette read the City of Arlington Proclamation declaring July 2015 as General Aviation Appreciation Month. PUBLIC COMMENT None. CONSENT AGENDA Chris Raezer moved and Marilyn Oertle seconded the motion to approve the following Consent Agenda items: 1.Minutes of the June 1 and June 8, 2015 Council Meetings 2.Accounts Payable: EFT Payments & Claims Checks #84673 through #84786 dated June 2, 2015 through June 15, 2015 for $348,275.45. PUBLIC HEARING Permit Center Manager Marc Hayes opened the public hearing on the 67th Avenue right of way vacation at 7:05:35. No one wishing to speak, the public hearing was closed at 7:05:49 and opened for Council questions and comments. City Attorney recommended the form of the motion be changed. Councilmember Oertle moved to approve the Ordinance vacating a portion of 67th Avenue NE right of way and directing the city attorney to prepare the Ordinance. Debora Nelson seconded the motion which was unanimously approved. Minutes of the Arlington Cit Council Meetin Minutes of the City of Arlington City Council Meeting June 15, 2015 Page 2 of 3 Marc Hayes opened the public hearing on the 2015 Comprehension Plan Update at 7:08:45. 7:08:50 Dannon Traxler spoke to the matter. 7:15:00 Public hearing was closed. Counsel Peiffle spoke and recommended Council not take action this evening and defer to a later time. NEW BUSINESS Willett Comprehensive Plan Amendment and Rezone Marc Hayes spoke and recommended deferring this matter to the next council meeting. Allen Comprehensive Plan Amendment and Rezone Bidder Marc Hayes spoke and recommended deferring this matter to the next council meeting. WD Arlington Investments, LLC Comprehensive Plan Agreement Marc Hayes spoke and recommended deferring this matter to the next council meeting. Marc answered council questions. Contract for Haller Restroom/Shelter Project Marc Hayes spoke to the proposed contract for this project. Council comments followed. Marilyn Oertle moved and Chris Raezer seconded the motion to approve the contract with Ivary & Associates Architects to perform the proposed scope of work as outlined in Attachment A and authorize the Mayor to sign the contract. The motion was approved by a unanimous vote. Annual Renewal of Interlocal Agreement with Snohomish Regional Drug and Gang Task Force Public Safety Director Bruce Stedman spoke to the renewal of this interlocal agreement. Jesica Stickles moved and Debora Nelson seconded the motion to approve the Interlocal Agreement for the Snohomish Regional Drug & Gang Task Force for 2015-16 and authorize the Mayor to sign it. The motion was approved by a unanimous vote. Sole Source Resolution – GroundLink VA Ground Communications Outlet Airport Operations Coordinator Tim Mensonides spoke to this proposed resolution which will ground communications and reliable reception to pilots at the Airport. Jan Schuette moved and Chris Raezer seconded the motion to approve the proposed sole source resolution allowing the Airport to waive the bidding requirements on the purchase of a GroundLink VA Ground Communications Outlet. The motion was approved by a unanimous vote. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis reminded Council of the special meeting on June 29, 2015 at 6:00 pm to interview candidates for the open council seat. MAYOR’S REPORT Mayor Tolbert spoke to the Governor signing Bill 5761 into law. She also commented that the draft report on the Stilly Valley Economic Plan is due to be released on June 23rd. COUNCIL MEMBER REPORTS Jan Schuette, Debora Nelson, Jesica Stickles and Marilyn Oertle gave brief reports while Randy Tendering and Chris Raezer had nothing to report at this time. Minutes of the City of Arlington City Council Meeting June 15, 2015 Page 3 of 3 EXECUTIVE SESSION City Attorney Steve Peiffle indicated a need for executive session for approximately 15-20 minutes to discuss pending or potential litigation under RCW 42.30.110(1)(i) and consideration of real estate under RCW 42.30.110(1)(b)-(c). 7:36:45 Council in recess for executive session. 7:56:26 Council reconvened. Councilmember Schuette spoke to the issues concerning the Gleneagle Homeowners Association and the Gleneagle Golf Course. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:57 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street June 22, 2015 Councilmembers Present: Jan Schuette, Marilyn Oertle, Debora Nelson, Jesica Stickles, and Randy Tendering Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Chris Young, Roxanne Guenzler, Kristin Garcia, Jim Kelly, Kris Wallace, Tom Cooper, Maxine Jenft, Jeff Pitman, Deana Dean, and City Attorney Steve Peiffle. Council Members Absent: Chris Raezer Also Known to be Present: Jacob Kukuk, Sarah Arney, Holly Sloan-Buchanan, Christy Brubaker, and Craig Christenson. Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Marilyn Oertle moved to approve the agenda. Randy Tendering seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS ~ NO ACTION WAS TAKEN Library Boards Appointment Kristin Banfield, Director of HR & Communications, spoke to the appointment of Dawn Boyden to the Library Board to serve the remaining term of Ms. Schuller which expires April 2016. Council comments followed. Surplus Vehicles and Equipment Kristin Banfield spoke to the proposed city owned items to be declared surplus and disposed of at auction. Council questions and comments followed. Kristin noted that the information would be put in an e-newsletter and on the city website and once the auction has closed, council would receive a report. Street Closure for Skateboard Race event Kristin Banfield spoke to the proposed street closure for the third annual skateboard race event. Council comments followed. Cemetery Tombstone Project Public Works Director Jim Kelly spoke regarding the proposed reduction of fees and costs for the tombstone project. Discussion followed. Increase Finance Department Change Fund Assistant Finance Director Roxanne Guenzler and Finance Director Kristin Garcia spoke to the request to increase the Finance Department change fund from $250 to $500. This increase is due to a second change drawer being added at the auditor’s recommendation. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop DRAFT June 22, 2015 Page 2 of 2 Bond Issuance – Fire Apparatus Financing Roxanne Guenzler and Kristin Garcia spoke regarding the bond issuance for new fire apparatus and noted a slight revision in the language reflecting the due dates changed to coincide with other debt service dates the city has with Cashmere Bank. May 2015 Financial Report Roxanne Guenzler and Kristin Garcia reviewed the May 2015 financial report with council. Discussion followed. Miscellaneous Council Items Councilmember Schuette reminded council of Roxanne Guenzler’s retirement party on Friday June 26, 2015. Executive Session None. Public Comment None. Adjournment The meeting was adjourned at 7:37 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item NB #1 Attachment B COUNCIL MEETING DATE: July 6, 2015 SUBJECT: Library Board Appointment ATTACHMENTS: Application of Dawn Boyden DEPARTMENT OF ORIGIN Administration; Contact Kristin Banfield 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Two applicants for the Library Board were interviewed in May to replace Samantha Schuller, who resigned her position in November. The interview panel recommends the appointment of Dawn Boyden to serve out the remaining time on Ms. Schuller’s term. The term will expire April 1, 2016. HISTORY: Samantha Schuller resigned from the Library Board in November 2014. ALTERNATIVES Reject interview committee’s recommendations. RECOMMENDED MOTION: I move to confirm the appointment of Dawn Boyden to the Library Board. APPLICATION FOR BOARDS & COMMISSIONS Name Dawn Boyden 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 * Residency - Arlington (Eagle Ridge) since 1984. * Friends of the Arlington Library - since 1997. Secretary during most of those years. Have stocked books for book sales, worked at special event book sales, assisted with library elections calling to encourage supporters to vote for the library, and assisted at children's programs in the library. * Understanding of the challenges of the growing Arlington area and many of the demands placed on our library. As our community grows and changes, the library is asked to provide more services to patrons with a facility that was built before families owned personal computers. * Teacher - Lake Stevens School District - since 1995 * Caring - My children grew up with this library as a place to do homework after school, attend children's programs and used it as a source of entertainment and education through the many books they checked out. As a graduate student, Sno-Isle provided books for my many areas of research and provided technology classes to teach me how to use the latest equipment. The staff has always been friendly and helpful. Being on the Library Board would allow me to give back to the library in a more meaningful way. Date:February 11, 2015 City of Arlington Council Agenda Bill Item: NB #2 Attachment C COUNCIL MEETING DATE: July 6, 2015 SUBJECT: Resolution Declaring Property As Surplus ATTACHMENTS: Exhibit A and Resolution DEPARTMENT OF ORIGIN Administration EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City currently has several vehicles and pieces of equipment that are beyond their useful life and need to be declared as surplus in order to be properly auctioned off. HISTORY: The City has found that the most expedient way to deal with surplus vehicles and equipment is to utilize the services of an on-line auction site. Proceeds from similar items auctioned in 2014 netted $25,591.58. ALTERNATIVES None RECOMMENDED MOTION: I move to approve the proposed resolution declaring certain property as surplus and authorizing its sale. EXHIBIT A Item Serial # L-68 2003 Ford Crown Victoria * VIN 2FAHP71W83X175019 L-69 2003 Ford Crown Victoria * VIN 2FAHP71W63X175021 L-70 2004 Ford Crown Victoria * VIN 2FAHP71W24X145127 L-75 2006 Ford Crown Victoria * VIN 2FAHP71W36X149772 L-79 2008 Ford Crown Victoria VIN 2FAFP71VX8X145932 A-9 2003 Chevy S-10* VIN 1GCCS19X938276650 A-89 1995 Toro 325-D Mower 30795-60136 P-94 2006 Toro 48” Walk-behind Mower 30988 260000444 S-22 1983 Chevy 1 Ton with dump body VIN 1GHBC34M1DY121769 S-97 1991 Ford F-250 with dump body VIN 2FTHF25Y5MCA80289 1992 Raleigh Police Bicycle – Asset #02189 0906570410 1992 Raleigh Police Bicycle – Asset #02849 23310009 1992 Raleigh Police Bicycle – No Asset # No Serial # *Still in service. ___________________________ Steven J. Peiffle, City Attorney RESOLUTION NO. 2015-xxx A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE WHEREAS, the City has purchased the equipment listed on the attached Exhibit “A”; and WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of the City; and NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1.The equipment/property described on the attached Exhibit “A” is declared surplus to the needs of the City. 2.Staff is instructed to trade in all items for the best available price, sell all items for the best available price or properly dispose of items that it is unable to sell. Staff is further authorized to dispose of the property via an intergovernmental transfer pursuant to RCW 39.33.010. Passed by the City Council of the City of Arlington at a regular meeting on this ____ day of ____________, 2015. ________________________________ Barbara Tolbert Mayor ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: RESOLUTION NO. 2015-xxx City of Arlington Council Agenda Bill Item NB #3 Attachment D COUNCIL MEETING DATE: July 6, 2015 SUBJECT: Street Closures requests for Skateboard Race Oct. 10, 2015 ATTACHMENTS: None DEPARTMENT OF ORIGIN Recreation EXPENDITURES REQUESTED: None BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: Street closure requested by organizer of Centennial Skate Festival. Event is sanctioned by the IDSA International Skateboard Association. Saturday night race on city streets starting at 8pm, approximately .5 hours. Downtown streets including Olympic Avenue, First Street, MacLeod Avenue, Third Street, Dunham Avenue, Fourth Street, and Division Street, making a loop. HISTORY: Street closure requests are required to go to council for approval. This is the third annual skate event. ALTERNATIVES Deny street closure. RECOMMENDED MOTION: I move to approve the street closure requested by the organizer of Centennial Skate Festival for the Skateboard Race October 10, 2015. City of Arlington Council Agenda Bill Item: NB #4 Attachment E COUNCIL MEETING DATE: July 6, 2015 SUBJECT: Cemetery Tombstone Project-Phase 2 Reduced Fee Proposal ATTACHMENTS: Article on Tombstone Project, Phase 2 DEPARTMENT OF ORIGIN Arlington Municipal Cemetery EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Update on a project being proposed by the Stillaguamish Genealogical Society at the Arlington Cemetery. HISTORY: The Stillaguamish Valley Genealogical Society (SVGS) and Larry Taylor are proposing to implement the Tombstone Project-Phase 2 at the Arlington Municipal Cemetery. This project will fund and install headstones on graves that are unmarked (no headstone), or where the headstone has become unreadable. The program will install headstones in batches of 10 and next-of-kin will be notified when possible. The Cemetery Board supports this program and is recommending Council approve a reduced headstone fee structure. Costs for Sale Headstone Only Normal Fee Reduced Fee City Cost Stone (16 x 8) $ 240.00 $ 210.00 $ 120.00 Inspection Fee $ 100.00 $ ‐ $ ‐ Installation $ 175.00 $ 100.00 $ 60.00 WSST (8.8%) $ 45.32 $ 27.28 $ 27.28 $ 560.32 $ 337.28 $ 207.28 Profit $130.00 ALTERNATIVES - Do not authorize reduced pricing RECOMMENDED MOTION: I move to approve the reduced headstone fee for the Tombstone Project – Phase 2 as recommended by the Cemetery Board. City of Arlington Council Agenda Bill Item: NB #5 Attachment F COUNCIL MEETING DATE: July 6, 2015 SUBJECT: Increasing the Change Fund in the Finance Department ATTACHMENTS: None DEPARTMENT OF ORIGIN Finance Department, Roxanne Guenzler, Assistant Finance Director EXPENDITURES REQUESTED: BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: The Finance Department has an established change fund and requests the fund be increased from $250 to $500. HISTORY: Currently multiple cashiers can access the cash register at the Finance Department. The State Auditor’s Office recommended the City restrict access to cash registers in order to ensure fixed responsibility in the event of a loss during its 2014 audit. The Finance Department has acquired separate cash drawers for the individual cashiers to satisfy the auditors’ recommendation. Each drawer will require its own change therefore requiring the increase of the change fund. ALTERNATIVES Do not authorize the increase of the Finance Department Change Fund to $500. RECOMMENDED MOTION: I move to adopt the proposed Resolution increasing the opening change fund amount to $500 for the Finance Department. RESOLUTION NO. 2015-xxx CITY OF ARLINGTON ARLINGTON, WASHINGTON RESOLUTION NO. 2015-xxx A RESOLUTION INCREASING THE OPENING CHANGE FUND AMOUNT FOR THE FINANCE DEPARTMENT; WHEREAS, the City Council has determined that a daily opening cash change fund is required to conduct City operations in the Finance 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 $500.00. PASSED BY THE City Council of the City of Arlington this 15th day of June 2015. ____________________________________ Barbara Tolbert, Mayor ATTEST: __________________________________ Kristin Banfield, City Clerk ___________________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #6 Attachment G COUNCIL MEETING DATE: July 6, 2015 SUBJECT: 2015 Bond Financing ATTACHMENTS: Draft Bond Ordinance prepared by bond counsel DEPARTMENT OF ORIGIN Finance; Kristin Garcia and Roxanne Guenzler EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is asked to approve the attached ordinance providing for the issuance and sale of a Limited Tax General Obligation Bond with Cashmere Valley State Bank not to exceed $1,500,000 at an interest rate of approximately 2.54217% for the acquisition of two fire apparatus. The interest rate will be adjusted at the end of the fifth year; the bond matures at ten years. HISTORY: The passage of the Levy Lid Lift is allowing the Fire Department to replace the ladder truck and pumper engine that are beyond their useful lives. Council approved the acquisition of the fire equipment from Rosenbauer America and direct staff to bring back the appropriate financing package from Cashmere Valley Bank on October 6, 2014. ALTERNATIVES RECOMMENDED MOTION: I move to approve the proposed Ordinance providing for the issuance and sale of a limited tax general obligation bond in an aggregate principal amount not to exceed $1,500,000. - 1 - 51450634.2 CITY OF ARLINGTON, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE of the City of Arlington, Washington, establishing a line of credit and providing for the issuance and sale of a limited tax general obligation bond in the aggregate principal amount of not to exceed $1,500,000 to evidence the line of credit to be used to purchase equipment; and fixing the form, covenants and terms of the bond. THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) “Authorized Officer” means the City Administrator or Finance Director. (b) “Bank” means Cashmere Valley Bank. (c) “Bond” means the “City of Arlington, Washington Limited Tax General Obligation Bond, 2015” authorized by this ordinance. (d) “Bond Account” means the Limited Tax General Obligation Bond Account, 2015, of the City created for the payment of the principal of and interest on the Bond. (e) “Bond Register” means the registration records for the Bond maintained by the Bond Registrar. (f) “Bond Registrar” means the City Finance Director, whose duties include registering and authenticating the Bond, maintaining the Bond Register, transferring ownership of the Bond, and paying the principal of and interest on the Bond. (g) “City” means the City of Arlington, Washington, a municipal corporation duly organized and existing under the laws of the State of Washington. (h) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time. (i) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (j) “Date of Delivery” means the date of the delivery of the Bond to the Bank. (k) “Interest Rate” means 65.01% of the previous monthly average of the 5-year interest rate swap as published in the Selected Interest Rates – H.15 release by the Board of - 2 - 51450634.2 Governors of the Federal Reserve System, plus 1.45%. At the end of the fifth year of the Bond, the Interest Rate will reset based on the above formula. (l) “Outstanding Principal Balance of the Bond” means the aggregate of all funds that the City has drawn from the Bank pursuant to the Bond less the aggregate of all principal payments on the Bond made by the City. (m) “Proposal” means an offer to purchase the Bond, setting forth certain terms and conditions of the issuance, sale and delivery of the Bond. (n) “Request for Draw” means a written request by an Authorized Officer for a draw from the line of credit authorized to be established by this ordinance. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of the Project. The City is in need of two firefighting apparatus (the “Acquisitions”). The City Council therefore finds that it is in the best interests of the City to carry out the Acquisitions. (b) Plan of Financing. Pursuant to applicable law, including without limitation chapters 35.37, 39.36, 39.44 and 39.46 RCW, the City is authorized to issue general obligation bonds for the purpose of financing the Acquisitions. The total expected cost of the Acquisitions is approximately $1,500,000, which is expected to be made up of proceeds of the Bond. (c) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $1,500,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2015 is $2,003,794,121. (2) As of December 31, 2014, the City has limited tax general obligation indebtedness, consisting of leases and conditional sales contracts outstanding in the principal amount of $17,810,962 (including the full principal amount of the City’s Limited Tax General Obligation Bond, 2014), which is incurred within the limit of up to 1½% of the value of the taxable property within the City permitted for general municipal purposes without a vote. (3) As of June 1, 2015, the City has no unlimited tax general obligation indebtedness outstanding. Section 3. Authorization of the Bond; Payment, Registration and Transfer. In order to finance the Acquisitions, the City shall establish a non-revolving line of credit and issue and sell a bond to evidence such line. The Bond shall be designated the “City of Arlington, Washington Limited Tax General Obligation Bond, 2015” and issued in the denomination of not to exceed $1,500,000 (the “Bond”). The Bond shall be dated the date of delivery to the Bank (the “Date of Delivery”). - 3 - 51450634.2 It is expected that the City will make a draw of approximately $784,765 on the closing date of the Bond and a subsequent draw on or about October 2015, upon delivery of the Acquisitions. Additional draws may be required if changes for the timing of the Acquisitions are needed. Draws can be made on the Bond within 12 months from the Date of Delivery. The Bond will bear interest at the Interest Rate. Each draw pursuant to a Request for Draw on the Bond shall bear interest at the Interest Rate at the time of the draw. Interest on the Bond shall accrue from the date money is drawn, pursuant to a Request for Draw, until paid and shall be computed on the principal amount outstanding on the basis of a 360-day year, of 12 30-day months. Interest on the Bond shall be repaid in approximately equal semi-annual installments, beginning December 1, 2015, and every approximately six months after the Date of Delivery of the Bond, and every six months thereafter, to and including the maturity date of Junely 1, 2025 (the “Maturity Date”). Principal on the Bond shall be repaid in approximately equal semi-annual installments, beginning approximately six months after the final draw on the Bond, expected to be October 2015. The amortization schedule of interest and principal will be created after the final draw so that amortization payments will be in approximately equal semi-annual installments due on dates as agreed to by the City and the Bank. The amortization schedule will be adjusted at the end of the fifth year following the Date of Delivery to again reflect approximately equal semi- annual payments. The Outstanding Principal Balance of the Bond on any particular day shall be the aggregate of all funds which the City has drawn from the date of the Bond to that day less the aggregate of all principal payments made by the City on or before that day. Interest on a particular principal amount so advanced shall be determined from the date of the draw of Bond proceeds pursuant to a Request for Draw by the City. The Bond shall be issued in fully registered form. Both principal of and interest on the Bond shall be payable in lawful money of the United States of America by check, warrant, wire transfer or automatic clearinghouse funds, to the registered owner of the Bond at the address shown on the Bond Register. A Request for Draw pursuant to the Bond may be made on any business day by an Authorized Officer in writing. A Request for Draw made prior to 11:00 a.m. and confirmed by the Bank will be funded on that business day. The City hereby delegates to the Authorized Officers authority to make a written Request for Draw pursuant to this ordinance. The Bank shall incur no liability to the City or to any other person in acting upon any written communication which the Bank believes in good faith to have been given by an official authorized to borrow on behalf of the City, or otherwise acting in good faith in making advances pursuant to this ordinance. Bond proceeds shall be deposited into the appropriate City account determined by an Authorized Officer. The Bond may be assigned or transferred only in whole and only if endorsed in the manner provided thereon and surrendered to the Bond Registrar, subject to the Bank’s representations in a certificate to be provided on the Date of Delivery. Any such transfer shall be without cost to the owner or transferee and shall be noted in the Bond Register. The Bond may only be assigned by the Bank to another qualified investor satisfying the requirements set forth in the certificate to be signed by the Bank on the Date of Delivery. - 4 - 51450634.2 Section 4. Form and Execution of the Bond. (a) Form of the Bond; Signatures and Seal. The Bond shall be prepared in a form consistent with the provisions of this ordinance and Washington law. The Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on the Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, the Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. The Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Date of Delivery. (b) Authentication. Only the Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate of Authentication. This Bond is the fully registered City of Arlington, Washington, Limited Tax General Obligation Bond, 2015.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 5. Bond Account. A special fund or account of the City known as the “Limited Tax General Obligation Bond Account, 2015” (the “Bond Account”) is hereby authorized to be created and shall be drawn upon for the sole purpose of paying and securing the payment of the Bond. The City hereby covenants and agrees to deposit in the Bond Account proceeds of bonds, a refunding note, loans, taxes and/or grants, if any, received by the City for the Acquisitions, in an amount sufficient to pay the principal of and interest on the Bond as the same becomes due. Section 6. Prepayment. The City reserves the right to prepay principal of the Bond in advance of the scheduled payment, in whole or in part, at any time, with no prepayment penalty. The City will notify the Bank at least 15 days in advance of its intent to prepay. At any time there is a partial prepayment, the remaining installment payments shall be recalculated as mutually agreed upon, in writing, by the City and the Bank to reflect either a reduction in the installment payment amount, or the earlier maturity date of the Bond. Within seven business days of a partial prepayment, the Bank shall provide to the City and Bond Registrar a recalculated payment schedule. Section 7. Pledge of Taxes. The Bond constitutes a general indebtedness of the City and is payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for the payment of principal of and interest on the Bond. For as long as the Bond is outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bond as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the - 5 - 51450634.2 principal of and interest on the Bond and such pledge shall be enforceable in mandamus against the City. Section 8. Tax Covenants. (a) Tax Certificate. The City hereby covenants that it will not make any use of the proceeds of sale of the Bond or any other funds of the City which may be deemed to be proceeds of such Bond pursuant to Section 148 of the Code and the applicable regulations thereunder which will cause the Bond to be an “arbitrage bond” within the meaning of such section and such regulations. The City will comply with the requirements of Section 148 of the Code (or any successor provision thereof applicable to the Bond) and the applicable regulations thereunder through the term of the Bond. The City further covenants that it will not take any action or permit any action to be taken that would cause the Bond to constitute a “private activity bond” under Section 141 of the Code. (b) Post-Issuance Compliance. The Finance Director is authorized and directed to review and revise the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the issue date to prevent interest on the draws on the Bond from being included in gross income for federal tax purposes. (c) Designation of the Bond as a “Qualified Tax-Exempt Obligation.” The City designates the Bond as a “qualified tax-exempt obligation” for the purposes of Section 265(b)(3) of the Code, and makes the following findings and determinations: (1) the Bond does not constitute a “private activity bond” within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bond is issued will not exceed $10,000,000; and (3) the amount of tax-exempt obligations, including the Bond, designated by the City as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bond is issued does not exceed $10,000,000. Section 9. Sale of the Bond. The sale of the Bond to the Bank, under the terms and conditions of this ordinance and the Proposal to purchase the Bond is hereby approved and confirmed. The Bank will not charge a fee to the City for this Bond. Section 10. Reporting Requirements. While the Bond is outstanding, the City shall submit its annual financial reports to the Bank along with such additional information as the Bank may reasonably request. - 6 - 51450634.2 Section 11. Governing Law. The Bond shall be governed and interpreted according to the laws of Washington. Nothing in this paragraph shall be construed to limit or otherwise affect any rights or remedies of the Bank under federal law. Section 12. General Authorization and Ratification. The Mayor, City Administrator, Finance Director and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bond to the Bank thereof and for the proper application, use and investment of the proceeds of the Bond. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 13. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 14. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Arlington, Washington, at an open public meeting thereof, this 6th day of July, 2015. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 51450634.2 CERTIFICATION I, the undersigned, City Clerk of the City of Arlington, Washington (the “City”), hereby certify as follows: 1.The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on July 6, 2015, as that ordinance appears on the minute book of the City. 2.The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date was _________, 2015. 3.A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: ____________, 2015. CITY OF ARLINGTON, WASHINGTON City Clerk City of Arlington Council Agenda Bill Item NB #7 Attachment H COUNCIL MEETING DATE: July 6, 2015 SUBJECT: Adoption of Ordinance Approving 2015 Comprehensive Plan Update ATTACHMENTS: Ordinance Adopting 2015 Amendments to GMA Comprehensive Plan DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Every eight years the City is required to adopt updates to its comprehensive plan, as required by the Growth Management Act (GMA). The City has been working with Shockey Planning Group to perform a comprehensive plan update as required by law. Currently, elements of Chapters 8 and 9 of the Comprehensive Plan are still in the process of being finalized by RH2, the city’s consultant, and will not be available for agency review for several months. This Ordinance provides for adoption of the completed portion of the 2015 Comprehensive Plan without these incomplete elements, which will be presented to Council upon their completion. This allows processing of Comp Plan related items to be conducted in the interim until the water, sewer and transportation elements of the plan are finalized. HISTORY: The City’s first GMA comprehensive plan was adopted in 2005 and has been updated periodically since then. This is the first major overhaul of the Comprehensive Plan under the GMA. On June 15, 2015 this was presented to Council at the Public Hearing on the 2015 comprehensive plan, but was tabled for action at the next meeting. ALTERNATIVES --Modify portions of the proposed plan RECOMMENDED MOTION: I move to approve the Ordinance Making Findings and Adopting by Reference Amendments to the Comprehensive Plan and Zoning Map for the City of Arlington as proposed. ORDINANCE NO. 2015-XXX 1 ORDINANCE NO. 2015--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, MAKING CERTAIN FINDINGS AND ADOPTING BY REFERENCE AMENDMENTS TO THE COMPREHENSIVE PLAN AND ZONING MAP FOR THE CITY OF ARLINGTON AS REQUIRED BY THE GROWTH MANAGEMENT ACT (“GMA”) WHEREAS the City of Arlington is required to plan under RCW 36.70A.040; and WHEREAS, every eight years, RCW 36.70A.130(1) requires the City of Arlington to take legislative action to review and, if needed, revise its comprehensive plan and development regulations, including its policies and regulations designating and conserving natural resource lands and designating and protecting critical areas to comply with the requirements in Chapter 36.70A RCW; and WHEREAS, under the schedule established in RCW 36.70A.130(4), the deadline for the City of Arlington to comply with the update required by RCW 36.70A.130(1) is June 30, 2015; and WHEREAS, the City of Arlington contracted with the Shockey Planning Group to conduct a thorough review of the City’s comprehensive plan and prepare with the assistance of city staff analyses of the comprehensive plan currently in effect in the City of Arlington for consistency with the requirements of Chapter 36.70A RCW; and WHEREAS, the City’s Planning Commission, the Parks, Art and Recreation Commission, the Airport Commission, and City staff discussed and recommended proposed revisions they concluded were needed to comply with Chapter 36.70A RCW; and WHEREAS, the City of Arlington Planning Commission reviewed the analyses and proposed revisions and held open public meetings on December 16, 2014, January 6, 2015, January 22, 2015, February 3, 2015, February 19, 2015, March 3, 2015, March 17, 2015, March 31, 2015 and April 7, 2015; conducted a workshop on April 21, 2015, conducted a joint meeting with the Arlington Airport Commission on May 18, 2015; held a second workshop on May 19, 2015; and conducted a public hearing on June 2, 1015 to receive public comments on proposed revisions to the comprehensive plan; and WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the analysis and proposed revisions prepared, and the public comments received, the Planning Commission modified the plan and forwarded a recommended draft plan to the City Council on June 2, 2015; and WHEREAS, the City Council held public workshops on the proposed plan on May 26, 2015, and June 8, 2015; and conducted a public hearing on June 15, 2015 to receive public ORDINANCE NO. 2015-XXX 2 comments on the recommended findings on review and proposed revisions; and WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the analysis and proposed revisions prepared by their Boards and Commissions and staff, and the public comments received, the City Council finds and declares that the review and needed revisions have been prepared in conformance with applicable law, including Chapter 36.70A RCW, Chapter 43.21C RCW, and the approved public participation and adoption process; and WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the analysis and proposed revisions prepared by their Boards and Commissions and staff, the recommended findings on review and proposed revisions forwarded by the Planning Commission, and the public comments received, the City Council hereby finds and declares that Arlington's comprehensive plan as revised by this ordinance complies with the requirements of Chapter 36.70A RCW; and WHEREAS, the City Council acknowledges that portions of the comprehensive plan, most particularly the water and sewer comprehensive plan and transportation capital facilities portions of the plan, are still in process but the City has made substantial progress toward completing the same with the assistance of the City’s consultant, RH2, and the City anticipates those plans being final not later than October 31, 2015; and WHEREAS, the City completed water and sewer comprehensive planning following the adoption of the 2005 Comprehensive plan, including, but not limited to, the City of Arlington Water Comprehensive Plan in 2008 and the City of Arlington Sewer Comprehensive Plan completed in 2011, and annual transportation CIP planning; and those plans have already laid the groundwork for the updates to those plans which are in progress and provide support for the amendments to the comprehensive plan contemplated by this ordinance; and WHEREAS, the City Council wishes to document its substantial compliance with the June 30, 2015 deadline of RCW 36.70A.130(4); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DOES MAKE THE FOLLOWING FINDINGS: 1. Findings. The Arlington City Council finds that: a. The City has established and followed a public participation program in accordance with RCW 36.70A.130(2)(a), which program was formally adopted and followed by the City via City of Arlington Resolution #2014-022. b. The City Council believes that the Final Environmental Impact Statement (FEIS) issued by the City’s Responsible Official adequately identified all known significant environmental issues associated with the adoption of the updates to the comprehensive plan. c. Notice of all amendments to the comprehensive plan adopted to fulfill the ORDINANCE NO. 2015-XXX 3 requirements of RCW 36.70A.130 was sent to the Washington State Department of Commerce at least sixty days before the amendments were adopted, in accordance with RCW 36.70A.106. d. The City of Arlington’s existing development regulations comply with the requirements of Chapter 36.70A RCW. e. The City Council finds that the review and needed revisions to the Comprehensive Plan have been prepared in conformance with applicable law, including Chapter 36.70A RCW, Chapter 43.21C RCW, and the approved public participation and adoption process and, taken collectively, are in the best interests of all its citizens. f. The City Council finds that although Chapters 8 and 9 of the Comprehensive Plan require updating when the water and sewer comprehensive plans and updates to the transportation capital improvement plan (CIP) are completed by the City’s consultant, the draft chapters provide an adequate basis for planning for growth. g. The City Council will proceed with completion and adoption of the water and sewer comprehensive plans and transportation CIP when finished by the City’s consultant and following all appropriate reviews by staff, agencies, stakeholders and the public. NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Introduction. The Introduction section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “A”, is hereby adopted and incorporated herein by this reference as if set forth in full. Section 2. Maps & Figures. The Figures and Maps section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “B”, is hereby adopted and incorporated herein by reference as if set forth in full. Section 3. Goals and Policies. The Goals and Policies section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “C”, is hereby adopted and incorporated herein by this reference as if set forth in full. Section 4. Description of Planning Area. The Description of the Planning Area section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “D”, is hereby adopted and incorporated herein by this reference as if set forth in full. Section 5. Land Use Element. The Land Use Element section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “E”, is hereby adopted and incorporated herein by this reference as if set forth in full. Section 6. Housing Element. The Housing Element section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “F”, is hereby adopted and incorporated herein by this reference as if set forth in full. Section 7. Parks and Recreation Element. The Parks & Recreation Element section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “G”, is hereby ORDINANCE NO. 2015-XXX 4 adopted and incorporated herein by this reference as if set forth in full. Section 8. Transportation Element. The Draft Transportation Element section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “H”, is hereby adopted and incorporated herein by this reference as if set forth in full. Section 9. Public Service and Capital Facilities Element. The Draft Public Services and Capital Facilities Element section of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “I”, is hereby adopted and incorporated herein by this reference as if set forth in full. Section 10. Natural Environment. The Natural Environment Element of the Comprehensive Plan, a true copy of which is attached hereto as Exhibit “J”, is hereby adopted and incorporated herein by this reference as if set forth in full. Section 11. Appendices. The following appendices, a true copy of which are attached hereto as Exhibit “K”, are hereby adopted and incorporated herein by this reference as if set forth in full; Appendix A: Glossary of Terms Appendix B: Essential Public Facility Siting Process Appendix C: Consistency Matrix - County-wide Planning Policies Appendix D: Comprehensive Plan Checklist Appendix E: Draft Environmental Impact Statement Appendix F: Agencies to Which the Plan was sent for Review . Section 12. Ordinance to be Transmitted to Department. Pursuant to RCW 36.70A.106 a copy of this Ordinance shall be transmitted to the Washington Department of Commerce as required by law. Section 13. 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 14. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. PASSED BY the City Council and APPROVED by the Mayor this _____ day of JuneJuly, 2015. ORDINANCE NO. 2015-XXX 5 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 #8 Attachment I COUNCIL MEETING DATE: July 6, 2015 SUBJECT: Willett Rezone Request ATTACHMENTS: - Staff report - Ordinance Approving Willett Rezone and Comprehensive Plan Amendment DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: As part of the comprehensive planning process Guy Willett has requested an amendment to the comprehensive Plan and zoning map to change the land use designation on a single lot from Residential Moderate Density to General Commercial. HISTORY: The applicant’s request was submitted in December, 2014, and was approved to move forward as part of the docketing process. The Planning Commission held a public hearing on June 2, 2015 and recommends approval by the City Council. On June 15, 2015 this rezone was presented to Council at the same time as the Public Hearing on the 2015 comprehensive plan, but was tabled for action at the next meeting. ALTERNATIVES --Deny --Condition approval RECOMMENDED MOTION: I move to approve the Ordinance Approving the Willett Rezone and Comprehensive Plan Amendment. ORDINANCE NO. 2015-XXX 1 ORDINANCE NO. 2015--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE WILLETT LAND USE MAP AND CONCURRENT REZONE (PLN #124) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed Willett Land Use Map amendment and Concurrent Rezone (PLN #124) and conducted an open record public hearing on June 2, 2015 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on June 8, 2015, and considered them along with the Planning Commission recommendations, at their public hearing conducted on June 15, 2015; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed comprehensive plan amendments and finds those to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a.The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b.The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c.The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d.Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e.The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f.The property that is the subject of the amendment is suited for the uses ORDINANCE NO. 2015-XXX 2 allowed in the proposed zoning classification; and g.Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the Willett Land Use Map and Concurrent Rezone (PLN #124). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from RMD (Residential Moderate Density) to NC (Neighborhood Commercial) and the City’s official zoning map shall be amended to reflect this change as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 6th day of July, 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 NB #9 Attachment J COUNCIL MEETING DATE: July 6, 2015 SUBJECT: Allen Rezone Request ATTACHMENTS: - Staff report - Ordinance Approving Allen Rezone and Comprehensive Plan Amendment DEPARTMENT OF ORIGIN Community & Development EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: As part of the comprehensive planning process Gail Allen has requested an amendment to the comprehensive Plan and zoning map to change the land use designation on a single lot from Residential Moderate Density to Neighborhood Commercial. HISTORY: The applicant’s request was submitted in January, 2015, and was approved to move forward as part of the docketing process. The Planning Commission held a public hearing on June 2, 2015 and recommends approval by the City Council. On June 15, 2015 this rezone was presented to Council at the same time as the Public Hearing on the 2015 comprehensive plan, but was tabled for action at the next meeting. ALTERNATIVES --Deny --Condition approval RECOMMENDED MOTION: I move to approve the Ordinance Approving the Allen Rezone and Comprehensive Plan Amendment. ORDINANCE NO. 2015-XXX 1 ORDINANCE NO. 2015--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE ALLEN LAND USE MAP AND CONCURRENT REZONE (PLN #129) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed Allen Land Use Map amendment and Concurrent Rezone (PLN #129) and conducted an open record public hearing on June 2, 2015 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on June 8, 2015, and considered them along with the Planning Commission recommendations, at their public hearing conducted on June 15, 2015; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed comprehensive plan amendments and finds those to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a.The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b.The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c.The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d.Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e.The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; f.The property that is the subject of the amendment is suited for the uses ORDINANCE NO. 2015-XXX 2 allowed in the proposed zoning classification; and g.Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the Allen Land Use Map and Concurrent Rezone (PLN #129). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from RMD (Residential Moderate Density) to NC (Neighborhood Commercial) and the City’s official zoning map shall be amended to reflect this change as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 6th day of July, 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 NB #10 Attachment K COUNCIL MEETING DATE: July 6, 2015 SUBJECT: WD Arlington Investments, LLC Rezone Request ATTACHMENTS: - Staff report - Ordinance Approving WD Arlington Investments, LLC Rezone and Comprehensive Plan Amendment DEPARTMENT OF ORIGIN Community Development EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: As part of the comprehensive planning process WD Arlington Investments, LLC has requested an amendment to the comprehensive Plan and zoning map to change the land use designation on a three lots from General Commercial to Residential High Density. HISTORY: The applicant’s request was submitted in January, 2015, and was approved to move forward as part of the docketing process. The Planning Commission held a public hearing on June 2, 2015 and recommends approval by the City Council. On June 15, 2015 this rezone was presented to Council at the same time as the Public Hearing on the 2015 comprehensive plan, but was tabled for action at the next meeting. ALTERNATIVES --Deny --Condition approval RECOMMENDED MOTION: I move to approve the Ordinance Approving the WD Arlington Investments, LLC Rezone and Comprehensive Plan Amendment. ORDINANCE NO. 2015-XXX 1 ORDINANCE NO. 2015--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE WD ARLINGTON INVESTMENTS LLC LAND USE MAP AMENDMENT AND CONCURRENT REZONE (PLN #134) WHEREAS, the City of Arlington has the authority to regulate land uses within the City, and is in the process of its periodic annual review and update of the Comprehensive Plan; and WHEREAS, included in the review of the Comprehensive Plan was a series of proposed amendments to the City of Arlington Comprehensive Plan and Zoning Map; and WHEREAS, the City Planning Commission considered the proposed WD ARLINGTON INVESTMENTS LLC Land Use Map amendment and Concurrent Rezone (PLN #134) and conducted an open record public hearing on June 2, 2015 and recommended approval to the City Council; and WHEREAS, the City Council considered the same at a workshop held on June 8, 2015, and considered them along with the Planning Commission recommendations, at their public hearing conducted on June 15, 2015; and the City Council having determined approving said amendment was in the best interest of the City; and WHEREAS, the City Council has considered the proposed comprehensive plan amendments and finds those to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Findings. The City Council adopts the following findings as required by AMC Chapter 20.96: a.The subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. b.The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan; c.The proposed amendment is consistent with the scope and purpose of the city's zoning ordinances and the description and purpose of the zone classification applied for; d.Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; e.The proposed zoning is consistent and compatible with the uses and ORDINANCE NO. 2015-XXX 2 zoning of surrounding property; f.The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; and g.Adequate public services can be made available to serve the full range of proposed uses in that zone. Section 2. The City Council approves the WD ARLINGTON INVESTMENTS LLC Land Use Map and Concurrent Rezone (PLN #134). The comprehensive plan designation and Land Use Map for the Property identified on Exhibit “A” shall be modified from GC (General Commercial) to RHD (Residential High Density) and the City’s official zoning map shall be amended to reflect this change as depicted on the attached Exhibit “B”. Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this 6th day of July, 2015. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Kristin Banfield, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney