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HomeMy WebLinkAbout04-25-2016 Council Workshop 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. CALL TO ORDER Mayor Pro Tem Debora Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Pro Tem Debora Nelson – Wendy APPROVAL OF THE AGENDA Chris Raezer WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Storm Management Plan, 2016 Update ATTACHMENT A Staff Presentation: Bill Blake Council Liaison: Mike Hopson 2. Property Tax Exemption Ordinance ATTACHMENT B Staff Presentation: Chris Young Council Liaison: Jesica Stickles 3. Airport Commission Appointment and Reappointments ATTACHMENT C Staff Presentation: Dave Ryan Council Liaison: Jan Schuette 4. March 2016 Financial Report ATTACHMENT D Staff Presentation: Kristin Garcia 5. Miscellaneous Council Items EXECUTIVE SESSION RECONVENE 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 Pro Tem Debora Nelson To open all attachments, click here Arlington City Council Workshop Monday, April 25, 2016 at 7:00 p.m. City Council Chambers – 110 E Third St City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: April 25, 2016 SUBJECT: Annual Review of the Arlington NPDES Phase II 2016 Stormwater Management Plan (SWMP) ATTACHMENTS: 2016 Stormwater Management Plan (SWMP) DEPARTMENT OF ORIGIN Public Works – Bill Blake EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Review of the Annual Update of the Arlington Stormwater Management Plan as required by the National Pollution Elimination Systems Permit (NPDES). HISTORY: The City has been operating under the Department of Ecology NPDES permit since 2007. The City submitted the first SWMP in 2008. Since that time the City has produced and made the updated SWMP available for review and comment to City Officials and Citizens of Arlington. To expedite review of the document a reader can focus on the “Work Activities” sections of the attached document to review what is proposed for 2016. The balance of the document is background information. ALTERNATIVES This is an informational item allowing City Council and Public opportunity to provide comment and suggested changes to the plan RECOMMENDED MOTION: Workshop; discussion only. City of Arlington 2016 Stormwater Management Program 2 3 Table of Contents ...................................................................................................................... 2 Credits ....................................................................................................................................... 2 1. Reader’s Guide.................................................................................................................. 4 1.1. Why We’re Here ..................................................................................................... 4 1.2. Program Requirements……………………………………………………………4 1.3. What’s Inside .......................................................................................................... 6 1.4. History of plan versions ......................................... Error! Bookmark not defined. 2. Stormwater Management Program Administration .......................................................... 9 2.1. What’s Required ..................................................................................................... 9 2.2. What’s Next………………………………………………………………………...8 3. Public Education And Outreach ................................................................................... ...12 3.1. What’s Required…………………………………………………………………..9 3.2. What’s Next…………………………………………………………………...... .9 4. Public Involvement and Participation ......................................................................... ....16 4.1. What’s Required .................................................................................................. .16 4.2. What’s Next………………………………………………………………………12 5. Illicit Discharge Detection And Elimination .................................................................. 18 5.1. What’s Required ................................................................................................... 18 5.2. What’s Next……………………………………………………………………...15 6 Controlling Runoff from New Development, Redevelopment And Construction Sites 22 6.1. What’s Required ................................................................................................... 22 6.2. What’s Next .......................................................................................................... 23 7. Pollution Prevention And Operation And Maintenance For Municipal Operations ....... 27 7.1. What’s Required ................................................................................................... 27 7.2. What’s Next .......................................................................................................... 28 8. Total Maximum Daily Load (TMDL) Requirements ..................................................... 31 8.1. What’s Required ................................................................................................... 31 8.2. What’s Next ........................................................... Error! Bookmark not defined. 9 Monitoring ................................................................................................................... 34 9.1. What’s Required ............................................................................................... 34 9.2. What’s Next ....................................................... Error! Bookmark not defined. 10. Background Information Western Washington Phase II Municipal Stormwater Permit Special and General Conditions http://www.ecy.wa.gov/programs/wq/stormwater/municipal/phaseIIww/5YR/2014mod/W WAPhaseII-Permit-2014Final.pdf Credits: The graph on the cover is taken from a recent National Oceanagraphic and Atmospheric Administration (NOAA) on impacts of Climate Change on the Northfork Stillaguamish. The data collected since 1929 shows there is a consistant increase in the magnitude of the precipitation events 4 occuring in the Stillaguamish Watershed. The paper also indicates that what used to fall as snow is now falling as rain resulting in increased peak flood events. 1. Reader’s Guide 1.1. Why We’re Here The National Pollutant Discharge Elimination System (NPDES) permit program is a tool for the management of pollutants discharged from point sources, such as where pipes and ditches empty into rivers. Initially applied to industrial dischargers and publicly-owned treatment works (POTWs), Clean Water Act amendments in 1987 expanded the program to include stormwater runoff in areas with the greatest potential to negatively impact water quality, defined as municipalities with a 1990 population of over 100,000 people. In Washington State, where the Department of Ecology (Ecology) has been delegated the NPDES permit authority; these communities were regulated under the Phase I NPDES Municipal Stormwater Permit. In 1999, the NPDES stormwater permit program was extended—as “Phase II”—to cover point and non- point (dispersed) stormwater discharges from "small" Municipal Separate Stormwater Sewer Systems (MS4s), as well as for construction activity that disturbs between 1 and 5 acres of land. Phase II communities include those that:  Own and operate a storm drain system  Discharge to surface waters  Are located in urbanized areas  Have a population greater than 10,000 Across Washington State, 108 towns, cities and counties located within urban areas—including the City of Arlington—met these criteria and fall under the regulation of NPDES-Phase II. Other neighboring Phase II communities include the Cities of Marysville and Granite Falls. The City of Stanwood does not meet all of the criteria and is not regulated under the NPDES Phase II stormwater program. Ecology regulates all Phase II communities in Western Washington under one permit. Drafting of the Phase II Municipal Stormwater Permit for Western Washington (the Permit) began in the Fall of 2004. The formal permit was issued on January 17, 2007, and became effective February 16, 2007. Ecology administers the permit in 5-year cycles. The past permit cycle was scheduled to expire on February 15, 2012, however it was extended through July 31, 2013. Since August 1, 2013 the City has been operating under the updated NPDES Phase II 2013 – 2018 permit cycle. There were several appeals to the permit and Washington State Department of Ecology issued the final modified Western Washington Phase II Municipal Stormwater Permit on December 17, 2014. 5 This modified Phase II permit only applies to Western Washington and was effective on January 16, 2015. Additional information regarding the Phase II Municipal Stormwater Permit for Western Washington can be found on Ecology’s website: http://www.ecy.wa.gov/programs/wq/stormwater/municipal/phaseIIww/wwphiipermit.html. 1.2. Program requirements The Permit requires the City to develop and implement this Stormwater Management Program (SWMP) that addresses Permit conditions grouped according to the following components:  Public Education and Outreach  Public Involvement  Illicit Discharge Detection and Elimination  Runoff Control for New Development, Redevelopment and Construction Sites  Pollution Prevention for Municipal Operations and Maintenance  Total Maximum Daily Loads (TMDLs), also known as water clean-up plans Annually the City must perform the following activities:  Submit an updated SWMP document to Ecology describing compliance activities planned for the coming permit year (workplan)  Post the SWMP document on the web  Submit an annual report documenting Permit compliance activities for the previous calendar year. Each annual SWMP work plan is to be developed with input from the public. Ultimately, guided by public opinion, this SWMP will direct City leaders and staff in its annual responsibilities for protecting our rivers, streams, and wetlands. City departments that may be affected by this 2016 SWMP, and their abbreviations within this SWMP, include:  Public Works Utilities Division (PW Utilities);  Community and Economic Development Maintenance and Operations Division (CED M&O, and Parks);  Public Works Engineering Division (PW Eng.);  Community and Economic Development Permit Center (CED Permit); 6  Public Works (PW Admin, Sewer, Water, Stormwater, Natural Resources);  Finance Department (Finance);  Information Technology (IT);  Human Resources Department (HR);  Public Safety – Police and Fire Departments (PD,FD) 1.3. What’s Inside As shown in the Table of Contents, this 2016 SWMP work plan is formatted to address the following eight permit conditions groups:  SWMP Administration ;  Public Education;  Public Involvement ;  Illicit Discharges;  Runoff Controls;  Municipal Operations ;  Water Clean-up Plans or TMDLs; and  Monitoring. Each permit condition group is in a separate section and uses a series of two tables to describe the work plan intended to address the Permit conditions in that group. The first table is a summary of the individual permit conditions and the condition’s effective date. The second table identifies the associated work activities for each listed condition that will be completed in 2016, and the department(s) responsible for the implementation. Some efforts may be extended as necessary to incorporate adaptive management responses for continuous improvement of the SWMP. Appendix A of this document includes a link to the text of the Western Washington Phase II Municipal Stormwater Permit. The Permit contains a list of useful definitions and acronyms that may be referenced within this or future SWMP work plans. 1.4. History of plan versions You are reading Version 2016 of the City of Arlington’s Stormwater Management Program work plan. The SWMP is expected to be a living, changing document, as staff and the public provide input to the SWMP. The below Table 1-1 is intended to document key changes from the previous versions of the SWMP. Table 1-1. Version History of the City of Arlington SWMP Work Plan Version Release Date Chronological Changes from Previous Versions 7 in City’s 2008 NPDES II permits This version referenced in City’s in City’s 2010 NPDES II perm This version referenced in the City’s 2011 NPDES II annual report. – 8 9 2. Stormwater Management Program Administration This section addresses Permit conditions regulating the City’s administration of the overall SWMP and NPDES Phase II program. 2.1. What’s Required The Permit requires the City to meet certain SWMP administrative conditions, the requirements for 2016 are summarized in Table 2-1. See link to the current Permit at Department of Ecology’s website in Appendix A for the complete text of special and general conditions in the Permit. Table 2-1. Permit Requirements for Stormwater Management Program Administration S5.A.2 Written SWMP organized by program components, updated at least annually, and submitted with annual reports. 03/31/08 S5.A.3a Account for SWMP program costs. 01/01/09 S5.A.3b Document SWMP program activities, including inspections, enforcement actions, education and other activities. 02/16/07 S5.A.5 Coordinate with other NPDES stormwater permittees to assure efficient programs, particularly where MS4s and water bodies are interconnected or shared. 02/16/07 S9.A Annual reports required for previous calendar year. 03/31/08 S9.C, D Maintain SWMP-related records—available to the public—for at least 5 years. 02/16/07 S9.E Annual report contents: Ecology-provided report form documenting City’s evaluation of SWMP implementation and compliance, and implementation schedule, and geographic area under Permit. 03/31/08 10 2.2 Work Activities Table 2-2. City of Arlington 2016 Work Plan to address permit requirements for Stormwater Management Program Administration 1 S5.A.2 Share draft of 2016 revised SWMP with City staff. PW Utilities 3/1/16 S5.A.2 Meet or talk with interested public to present and solicit input on draft SWMP. PW Utilities Variable S5.A.2 Draft 2016 SWMP incorporating City comments. PW Utilities 03/31/16 S5.A.3a Through the use of financial and asset tracking the City can provide cost estimates of program components. PW Utilities Ongoing S5.A.3b Continue documentation of street and stormwater maintenance activities. CED M & O, PW Utilities Ongoing S5.A.3b Continue implementation, development, evolution of inspection, enforcement, education and other forms for implementation of asset management database (Cartegraph). PW Utilities Ongoing S5.A.5 Continue regular participation in regional (North Sound Permittees) NPDES stormwater forum; coordinate efforts as opportunities evolve; quarterly meetings anticipated. PW Utilities Ongoing S5.A.5 Continued participation with City of Marysville in regards to management of interconnecting facilities. PW Utilities, PW Eng. CED Ongoing S9.A, E Submit 2015 annual report utilizing the Ecology electronic reporting system. PW Utilities March 31, 2016 S9.C, D File 2015 annual report and supporting materials electronically on Utilities server and web site. PW Utilities Ongoing N/A Implement the updated Low Impact Design (LID) land use code, standards and specifications, and PW Utilities, City Council Ongoing 11 Reference Proposed Effort Who1 Schedule – difference between “outfall” or “discharge point” 1 First department listed in each cell assumes lead role 12 3. Public Education and Outreach This section addresses Permit conditions regulating the City’s Public Education and Outreach (PEO) activities under the SWMP. 3.1. What’s Required The Permit requires the City to implement Public Education and Outreach activities, the requirements for 2016 are summarized in Table 3-1. See link to the current Permit at Department of Ecology’s website in Appendix A for the complete text of special and general conditions in the Permit. Table 3-1. Permit Requirements for Public Education and Outreach S5.C.1.a Develop an education and outreach program to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts; target populations and topics prioritized below. 02/16/09 S5.C.1.a.i Priority 1—General Public: general stormwater impacts, impervious surfaces, source control BMPs, stewardship for pet owners and homeowners. 02/16/09 S5.C.1.a.ii Priority 2—Public and businesses: BMPs for automotive & other hazardous chemicals; soaps and cleaning supplies; illicit discharges. 02/16/09 S5.C.1.a.iii Priority 3—Homeowners, landscapers, property managers: yard care practices, pesticide/fertilizer use, carpet cleaning, auto repair, LID practices, storm pond maintenance. 02/16/09 S5.C.1.a.iv Priority 4—Engineers, contractors, developers, permit staff, planners: technical standards for plans, LID techniques, water quality & flow control BMPs. 02/16/09 S5.C.1.b Measure understanding and adoption of targeted behaviors in target audiences. 02/16/09 S5.C.1.c Document PEO efforts. 02/16/07 13 3.2 Work Activities Table 3.2. City of Arlington 2016 Work Plan to address permit requirements for Public Education and Outreach 1 S5.C.1.a Document and schedule the City’s pertinent Public Education and Outreach efforts under Stormwater Utility. Stormwater Utility Ongoing in 2016 S5.C.1.a Continue meeting with County staff and watershed groups to identify cooperative education opportunities. Stormwater Utility Goal of 2 meetings 2016 S5.C.1.a Coordinate with Snohomish County, Sound Salmon Solutions, Snohomish Conservation District and Stillaguamish Tribe to identify cooperative education opportunities. Stormwater Utility Ongoing S5.C.1.a Meet with Stillaguamish Stewardship and Education Committee. Stormwater Utility Ongoing S5.C.1.a.i Participate in Phase II of the Region wide Natural Yard Care program monitoring behavior change in general public. Stormwater Utility Ongoing S5.C.1.a.i Use the business license database to identify businesses with known pollutants, and distribute brochures explaining Stormwater Best Management Practices. Stormwater Utility (Intern) Summer 2016 S5.C.1.a.i Continue efforts with Arlington School District representatives to review environmental education curriculum for stormwater, water conservation, refuse/recycle. Stormwater Utility Ongoing S5.C.1.a.i Integrate stormwater education curriculum in schools currently receiving stormwater rate adjustments. Stormwater Utility Ongoing – New Natural Resources Program at High School S5.C.1.a.i Outreach at Eagle Festival; cooperative effort with Stilly Tribe; focus on stormwater Stormwater Utility Ongoing, 9th annual Eagle Festival 14 Reference Proposed Effort Who1 Schedule – 15 Reference Proposed Effort Who1 Schedule Meet with City’s Engineer, PW inspector, Outreach to “” – Chambers’ foyer for leaders and public use 1 First department listed in each cell assumes lead role 16 4. Public Involvement and Participation This section addresses Permit conditions regulating the City’s Public Involvement and Participation (PIP) activities under the SWMP. 4.1. What’s Required The Permit requires the City to implement certain Public Involvement and Participation activities, several of which are summarized in Table 4-1. See link to the current permit at Department of Ecology’s website in Appendix A for the complete text of special and general conditions in the Permit. Table 4-1. Permit Requirements for Public Involvement and Participation S5.C.2 Provide opportunities for public involvement in stormwater matters; e.g., advisory councils, watershed committees, stewardship programs, rate structure studies. 02/16/07 S5.C.2a Meet state and local public notice requirements when developing the SWMP; provide process for public to participate in SWMP development and updates. 02/16/08 S5.C.2b Post SWMP, annual report, and other submittals on City’s web site. 03/31/08 4.2 Work Activities Table 4-2. City of Arlington 2016 Work Plan to address permit requirements for Public Involvement and Participation. 1 S5.C.2 Publish invitations to public participation in stormwater or water education activities on-line and in local newspaper. Utilize the Arlington E- News to provide timely outreach. Stormwater Utility Ongoing 2016 S5.C.2 Solicit guest articles (Arlington Times or Update) from general public involved or expressing interest in stormwater and natural resources issues. Stormwater Utility Goal of one guest article in 2016 S5.C.2 Continue hosting projects for Scouts and youth organizations including local Schools. PW Nat Res Ongoing 17 Reference Proposed Effort Who1 Schedule 1 First department listed in each cell assumes lead role 18 5. Illicit Discharge Detection and Elimination This section addresses Permit conditions regulating the City’s Illicit Discharge Detection and Elimination (IDDE) activities under the SWMP. 5.1. What’s Required The Permit requires the City to implement certain IDDE activities, the requirements for 2016 are summarized in Table 5-1. See link to the current Permit at Department of Ecology’s website in Appendix A for the complete text of special and general conditions in the Permit. Table 5-1. Permit Requirements for Illicit Discharge Detection and Elimination S5.C.3 Full implementation of an IDDE program. 08/16/11 S5.C.3.a Prepare and maintain stormwater infrastructure map, with structures, outfalls, new connections, areas not discharging to surface waters, etc. 02/16/11 S5.C.3.b Implement IDDE ordinance, addressing: potable water sources, lawn watering, swimming pools, street and sidewalk wash water, other non-stormwater discharges; includes enforcement strategy. 08/16/09 S5.C.3.b Implement an ordinance or other regulatory mechanism to effectively prohibit non-stormwater, illicit discharges in to the Permittee’s MS4 to the maximum extent allowable. 08-1-13 S5.C.3.c Implement IDDE identification program, including prioritizing sites, field assessment & screenings, source ID characterization, corrective procedures. 08/16/11 S5.C.3.d.i Inform public employees, businesses, general public of impacts of illegal discharges & improper waste disposal; distribute info to target audiences in S5.C.1. 08/16/11 S5.C.3.d.ii Implement public hotline for reporting IDDE violations. 02/16/09 S5.C.3.e Develop IDDE program tracking database. 02/16/07 S5.C.3.f.i Training for City employees involved in IDDE activities. 08/16/09 S5.C.3.f.ii Training for all City employees. 02/16/10 19 5.2 Work Activities Table 5-2. City of Arlington 2016 Work Plan to Address Permit Requirements for Illicit Discharge Detection and Elimination 1 S5.C.3.a Continue infrastructure mapping to fill in gaps where historic data is not available and add new facilities to maps. Stormwater Utility, PW Eng. Ongoing S5.C.3.a Continue implementation of Cartegraph stormwater asset management system to track facility inspections and maintenance work orders. Stormwater Utility Permit Center GIS Ongoing S5.C.3.a Continue comprehensive mapping of hydrography in/near city with GPS or acceptable alternative. PW Eng., Stormwater Utility, Ongoing S5.C.3.a Continue comprehensive mapping of water courses in/near city in geodatabase. PW Eng., Stormwater Utility PW Nat Res Ongoing S5.C.3.a Implement training and use of the Geo- Spatial Analysis tool PW GIS., PW Nat Res, Stormwater Utility June 2016 S5.C.3.b Adopt revised City Engineering Standards for consistency with AMC 13.28 and IDDE permit conditions. PW Utilities, PW Eng., Dec 2016 S5.C.3.c Internal review and training of staff on SOPs for IDDE (screening priority areas, patrolling, characterization, tracing, corrective measures, and enforcement. PW Utilities Permit Center Maintenance and Operations Ongoing, held at department staff meetings. 20 Reference Proposed Effort Who1 Schedule (IDDE’s) 21 Reference Proposed Effort Who1 Schedule city’s IDDE program Note 1 - First department listed in each cell assumes lead role 22 6. Controlling Runoff from New Development, Redevelopment and Construction Sites This section addresses Permit conditions regarding the City’s activities under the SWMP to control runoff from new development, redevelopment and construction sites. 6.1. What’s Required The Permit requires the City to implement certain Best Management Practices (BMPs) for controlling runoff related to development and construction activities, the requirements for 2016 are summarized in Table 6-1. See link to the current Permit at Department of Ecology’s website in Appendix A for the complete text of special and general conditions in the Permit. Table 6-1. Permit Requirements for Controlling Runoff from New Development, Redevelopment And Construction Sites S5.C.4.a Adopt an ordinance addressing runoff during development and construction projects, including specified minimum technical requirements. 02/16/10 S5.C.4.b Modify permit process, with plan review, inspection, and enforcement capability, to meet specified standards. 02/16/10 S5.C.4.c.i Adopt O&M ordinance to enforce maintenance responsibilities to assure adequate long-term function of stormwater facilities after construction. 02/16/10 S5.C.4.c.ii Establish maintenance standards at least as protective of stormwater facility function as the 2005 Stormwater manual, Volume V, Chapter 4. 02/16/10 S5.C.4.c.iii, iv Annual inspections of all stormwater treatment and flow control facilities, or justified alternatives; construction inspections. 02/16/10 S5.C.4.d Record keeping re: runoff control program, including documenting inspections and enforcement actions. 02/16/10 S5.C.4.e Make available to developers and project proponents copies of “Notice of Intent for Construction Activity” and “Notice of Intent for Industrial Activity”. 02/16/10 23 Reference Digest of Selected Permit Conditions Effective 6.2 What’s Next Table 6-2. City of Arlington 2016 Work Plan to Address Permit Requirements for Controlling Runoff from New Development, Redevelopment and Construction Sites 1 S5.C.4.a Integrate the recommendations developed during the LID code update in to the Engineering Standards and Specifications. Stormwater Utility, PW Eng., CED Code, In-development S5.C.1.a.i.a Draft outreach materials (brochure, web site, PowerPoint) for “LID in Arlington for Developers”. Stormwater Utility, PW Eng., Ongoing. S5.C.1.a.i.a Provide outreach opportunities for developers to discuss stormwater issues and LID. Use of the Geo-spatial tool by the Permit Center will provide site specific LID alternatives. Stormwater Utility, PW Eng., CED Permit, CED Code, PW Nat Res Ongoing S5.C.4.c Verify that adequate long-term site- specific O&M manuals for all applicants preparing stormwater site plans are submitted with Site Civil. CED Permits Stormwater Utility, PW Eng. Ongoing 24 Reference Proposed Effort Who1 Schedule 25 Reference Proposed Effort Who1 Schedule 26 Reference Proposed Effort Who1 Schedule Note 1 - First department listed in each cell assumes lead role 27 7. Pollution Prevention and Operation and Maintenance for Municipal Operations This section addresses Permit conditions regulating the City’s responsibilities under the SWMP to prevent or minimize pollution from municipal operations and maintenance activities. 7.1. What’s Required The Permit requires the City to implement certain activities for preventing pollution from municipal operations and maintenance activities, the requirements for 2016 are summarized in Table 7-1. See link to the current Permit at Department of Ecology’s website in Appendix A for the complete text of special and general conditions in the Permit. Table 7-1. Permit Requirements for Pollution Prevention and Operation and Maintenance for Municipal Operations S5.C.5.a Establish City maintenance standards that are, at a minimum, as protective of stormwater facility functions as the 2012 Stormwater manual, Volume V, Chapter 4. 02/16/10 S5.C.5.b Annual inspections of all stormwater treatment and flow control facilities (except catch basins), or justified alternatives. 02/16/10 S5.C.5.c Spot checks of potentially damaged permanent treatment and flow control facilities after 24-hour 10-year storm events. 02/16/10 S5.C.5.d Inspection and maintenance of all catch basins & inlets at least once before the end of the Permit term (No later than Aug 1, 2017). 02/16/10 S5.C.5.e Establish an inspection program to inspect all sites; achieve 95% inspection rate. 02/16/10 S5.C.5.f Establish and implement road maintenance program to reduce stormwater impacts, including: cleaning pipes, culverts, ditches, streets; snow & ice control; roadside maintenance & vegetation control; pavement repair & maintenance; dust control. 02/16/10 S5.C.5.f Establish policies and procedures to reduce pollutant discharges from City common areas (e.g., parks, open space, ROWs), including: fertilizer, herbicide and pesticide use; sediment and erosion control; landscape maintenance; trash management; building maintenance. 02/16/10 28 Reference Digest of Selected Permit Conditions Effective 7.2 What’s Next Table 7-2. City of Arlington 2016 Work Plan to Address Permit Requirements for Pollution Prevention and Operation and Maintenance for Municipal Operations 1 S5.C.5.b Inventory update and inspection of facilities under City jurisdiction; record in Cartegraph during inventory process. PW Utilities Ongoing S5.C.5.c Design Cartegraph (asset management system) database with “spot check” field and automated report to identify facilities requiring field inspections after storms in which the water department (NWS station) rain gage records 2.75 inches or more of water in a 24-hour period. PW Utilities 10/31/2016 S5.C.5.c Identify, create list and document spot checks of potential damages stormwater facilities/locations frequently requiring maintenance during intense storms; anticipate checks during Thanksgiving storms (typical). Stormwater Utility Ongoing to protect downstream known urban flooding areas S5.C.5.d Set-up maintenance schedule in Outlook and document in Cartegraph (asset management system) database the inspections of stormwater catch basins, inlets, and manholes on known routes Stormwater Utility June 2016 29 Reference Proposed Effort Who1 Schedule 30 Reference Proposed Effort Who1 Schedule Note 1 - First department listed in each cell assumes lead role 31 8. Total Maximum Daily Load (TMDL) Requirements This section addresses Permit conditions regarding the City’s responsibilities under existing water clean- up plans (TMDLs). 8.1. What’s Required The Permit requires the City to implement certain activities to satisfy its role in cleaning up impaired streams in and near the City. Current water bodies include the Lower Snohomish Tributaries TMDL, which identifies the City’s responsibilities toward cleaning up Edgecomb and Heyho Creeks, tributaries to Middle Fork Quilceda Creek. The 2016 permit conditions and TMDL requirements are summarized in Table 8-1. See Appendix A for the complete text of TMDL requirements found in Permit special condition S7 and Permit appendix 2. The Stillaguamish River TMDLs coverage began in 2015. The City completed a draft Quality Assurance Project Plan (QAPP) in February 2015, with a final version expected to be completed in 2016. The QAPP provides details on the sample locations, sample collection procedure, and laboratory analysis for the Stillaguamish TMDL. The location included in the QAPP is on Portage Creek, monthly samples will collected and analyzed to provide a measurement of the fecal coliform levels in Portage Creek as they leave the City Limits and enter the County. Ecology considers compliance with Permit conditions to constitute compliance with the Stillaguamish TMDLs. Data from these efforts will be submitted to Ecology by March 31, 2016 where it will be entered in to Ecology’s EIM database by May 31, 2016 (annually thereafter). The Washington State Department of Ecology recently proposed amendments to the watershed assessment 303(d) listings associated with TMDL clean-up activities. Interested readers may access the current and proposed listings on the project web page below. http://www.ecy.wa.gov/programs/Wq/303d/freshwtrassessmnt/index.html . Table 8-1. Permit Requirements for Total Maximum Daily Loads S7.A Meet Lower Snohomish Tributaries and Stillaguamish River TMDL requirements. Variable, described below S7.B City compliance with the Permit constitutes compliance with stormwater requirements in the Stillaguamish River TMDLs. Evaluated in each annual report 32 Reference Digest of Selected Permit Conditions Effective 2016, and entered in to Ecology’s EIM database 33 8.2 Work Activities Table 8-2. City of Arlington 2016 Work Plan to address the Lower Snohomish Tributaries TMDL Requirements are as follows: 1 Appendix 2, Inspections at commercial animal handling and composting facilities; ensure implementation of source control BMPs and enforce as necessary. PW Utilities Ongoing 12/31/16 Appendix 2, Water quality monitoring of 2 locations on Edgecomb. PW Utilities Monthly, ongoing Appendix 2 Water quality monitoring at 1 location on Portage creek as it leave the City of Arlington. PW Utilities Monthly, ongoing Appendix 2, Evaluate monitoring data collected in Edgecomb/Heyho Creeks to date; coordinate and exchange data with City of Marysville. PW Utilities, Annually Appendix 2, Evaluate monitoring data collected in Portage Creek. PW Utilities Annually Appendix 2, Coordinate with Ecology on implementation of BMP’s for the National Foods processing and operation. PW Utilities Ongoing based on Ecology visits Appendix 2, Continue outreach to veterinary clinics and animal handling facilities as new businesses come to town. PW Utilities Ongoing 1 First department listed in each cell assumes lead role 34 9. Monitoring The Permit does not require that Permit conditions for monitoring be addressed within the SWMP work plan, except for monitoring related to requirements for runoff control [S5.C.3] and TMDL [S7.A]. However, monitoring is a Permit requirement that is appropriate for inclusion in work load planning with many other Permit conditions. The City of Arlington has chosen to incorporate monitoring into this SWMP work plan to assure that monitoring-related Permit requirements are efficiently planned and implemented. This section addresses Permit conditions regulating the City’s monitoring responsibilities. 9.1. What’s Required The Permit requires the City to implement certain stormwater monitoring and SWMP effectiveness monitoring activities, the 2016 requirements are summarized in Table 9-1. See link to the current Permit at Department of Ecology’s website in Appendix A for the complete text of special and general conditions in the Permit. Table 9-1. Permit Requirements for Stormwater Monitoring and SWMP Effectiveness Monitoring S8.A. Monitoring required by TMDLs—see Section 9 of this SWMP. See Section 9 S8.A. Monitoring required for runoff control—see Section 6 of this SWMP. See Section 6 S8.B Include stormwater monitoring studies and results in annual reports, or buy-in to the Regional Stormwater Management Program. (RSMP) March 31 of each year 9.2 Work Activities Table 9-2. City of Arlington 2016 Work Plan to Address Permit Requirements for Stormwater Monitoring and SWMP Effectiveness Monitoring 1 S8.A Participate in the Regional Stormwater Management Program. PW Utilities Ongoing S8.A Water quality monitoring activities summarized in 2015 annual report. PW Utilities 06/30/16 35 Reference Proposed Effort Who1 Schedule – 1 First department listed in each cell assumes lead role 36 10. Background Information 10.1. Natural and Built Environments This section provides a brief overview of the natural and built environments that the Stormwater Utility manages, and which the Permit governs. Only key components are summarized here. Readers are directed to the City’s Stormwater Comprehensive Plan basins. The City straddles the divide between two river basins, the Stillaguamish and the Snohomish, which are regionally recognized as Water Resource Inventory Areas (WRIAs) 5 and 7, respectively. For management purposes, the City has further delineated five levels of nested subbasins within each of these larger basins, resulting in a six-tier watershed hierarchy. The first four tiers are described in the table below with respect to their jurisdiction, whether under the City, or under Snohomish County’s management inside and outside of the City’s Urban Growth Area (UGA). Basin Tier 4th Tier Basin Area (acres) Basin Area by Jurisdiction (acres) [percent of 4th Tier Basin] 1 2 3 4 City Limits Outside City Inside UGA Outside UGA Inside County Stillaguamish Mainstem Stillaguamish Upper Mainstem Stillaguamish Old Town 339 299 [88%] 0 40 [12%] Middle Mainstem Stillaguamish March 954 104 [11%] 0 850 [89%] Dike Road 127 0 0 127 [100%] Lower Mainstem Stillaguamish Portage 12,362 2,422 [20%] 440 [3%] 9,500 [77%] I-5 811 0 35 [4%] 776 [96%] South Fork (SF) Stillaguamish Lower SF Stillaguamish Eagle 657 374 [57%] 106 [16%] 177 [27%] Old Town NE 189 96 [51%] 89 [47%] 4 [2%] Upper SF Stillaguamish Burn Road 1,633 0 0 1,633 [100%] Tviet Loop Road 683 9 [1%] 34 [5%] 640 [94%] Snohomish Ebey Slough Quilceda Middle Fork (MF) Quilceda 7,692 2,335 [30%] 81 [1%] 5,276 [69%] Multiple other 4th tier basins Not included in study area Study Area Totals (acres) [percent] 25,447 5,640 [22%] 785 [3%] 19,023 [75%] 37 10.2. Geology/Soils/Topography The geology in and around Arlington is largely determined by the erosion and deposition of two forces of nature--glaciers that covered much of Puget Sound 10,000 years ago, and the Stillaguamish River. The glaciers left behind formations that can generally be grouped into two types. Those that readily soak up water, allowing it to infiltrate and percolate to groundwater may be called “outwash formations”. Those that are hard, compacted, and largely impermeable to water, causing it to run laterally near the surface, may be called “till formations”. In addition, the river creates layers of sands and gravels called alluvium that water also moves through very easily. Soils that develop on and overlay these formations also serve to absorb, store, and release water. The potential for stormwater to be generated from any site, then, varies with the geology and soils (and other variables such as vegetative cover and types of development) on that site. The City is fortunate in that it has more area prone to infiltration (60%) than area prone to runoff (40%). This is because runoff generally results in greater stormwater infrastructure costs in an effort to reduce the greater potential for impacts to flooding and water quality in area streams. Nevertheless, each site proposed for development must be evaluated for stormwater requirements during the permitting process. 10.3. Streams The City administers its stormwater programs within its city limits, but also in the context of a larger stormwater management area composed of the basins identified in Section 2.1 above. This management area abuts about 14 miles of the mainstem and South Fork Stillaguamish Rivers. It includes nearly 85 miles of tributaries that drain either to the Stillaguamish River or to Quilceda Creek. Within the City’s UGA, there are about 2.2 miles of riverfront, and 14.1 miles of streams (82% in the Stillaguamish and 18% in the Snohomish basins). More than 52 miles of streams (about 62%) in the management area (not river front) are fish-bearing and have high to moderate value for fish, wildlife, and human use that could be negatively impacted by stormwater. More than 25 miles of streams (almost 1/3) are non-fish streams, many of which flow intermittently. Intermittent stream may also provide spawning and rearing of fish and can have moderate to high habitat values. About 6.5 miles of streams (8%) are not yet classified. 10.4. Surface Water Quality The water quality of the mainstem Stillaguamish River, its lower North and South Forks, and Portage Creek is managed to meet water quality standards that protect the beneficial uses of those channels, including salmon and trout aquatic uses, contact recreation, and water supply. However, in the past a number of these channel segments have been observed to not meet the standards for one or more parameters. These impaired water bodies have clean-up plans prepared by Ecology (2005, 2007), with assistance from the City of Arlington and others. The water quality parameters, their standards, and the impaired water bodies near Arlington are summarized in the table below. 38 Beneficial Use Designation Water Quality Parameter 173-201A WAC Requirements2 Channels (Segment Location) with Impaired Water Quality Class A (Noncore Salmon/Trout Aquatic Use) Temperature Maximum < 17.5C; and/or receiving water temperature will not be increased by more than 0.3C Stillaguamish River (I-5), NF Stillaguamish River (Twin Rivers Park), SF Stillaguamish River (River Meadows Park) Dissolved Oxygen Minimum > 8.0 mg/L March Creek (mouth), Portage Creek (43rd Ave), Class A (Primary Contact Recreation) Fecal Coliform Geometric mean < 100 colonies/100 mL and < 10% of samples > 200 colonies/100 mL March Creek (mouth), Portage Creek (43rd Ave),Stillaguamish River (I-5), NF Stillaguamish River (mouth), SF Stillaguamish River (mouth), Quilceda Creek Sources of contaminants contributing to these impairments don’t just come from pipes pouring out polluted water, but from non-point stormwater runoff from throughout the basin. Typical sources within the city limits are identified here. Pet wastes, failing on-site septic systems, and road and urban surfaces are probable sources of bacteria (fecal coliform). Common sources contributing to low dissolved oxygen levels include the bacterial sources, as well as nutrients, fertilizers, pesticides, and other contaminants attached to sediments from urban and suburban areas. Elevated water temperatures in rivers and streams most often begin with loss of native trees and shrubs near streams, and changes in channel shape (wider, shallower streams) that accompany changes in land use. This SWMP is a significant part of the water clean-up plans intended to improve water quality in the Stillaguamish and Quilceda basins. Since adoption of the plans Arlington has coordinated with Ecology, Snohomish County, Stillaguamish Tribe and City of Marysville to implement BMP’s. The Department of Ecology performed a comprehensive WQ study on the Stillaguamish in the summer and fall of 2012 to measure what changes may have occurred since the initial TMDL studies were performed to establish allocations and cleanup plans. 10.5. Fisheries Fish species are present year-round in streams within the management area including most ocean-going salmonids, resident native trout and other species. These include recognized threatened species, such as Chinook salmon, bull trout and steelhead. The returning Stillaguamish Chinook returning spawners were near record low numbers of three hundred and fifty Northfork and Eighty Southfork fish. The historic estimate was a total of forty thousand fish. Fish and aquatic habitat are a primary concern for stormwater management because, in part:  Degraded water quality has direct detrimental impacts on fish, or places their habitat at risk;  Sedimentation of spawning beds limits reproductive success; 39  Culverts have high potential for becoming barriers to fish passage; and  Changes in the extremes of streamflows (higher peak flows and lower low flows) affect fish and their habitat;  Pre-spawning mortality occurs in the more urbanized stream systems 10.6. City Zoning The City’s zoning may impact the quantity and quality of its stormwater runoff because of reductions in vegetative cover and increases in impervious surfaces characteristic of the different types of development (residential, commercial, and industrial land uses). Low to moderate density residential (RLMD) is the dominant zoning within the City’s jurisdiction in most 4th tier basins (range of 8% to 52% of 4th tier basins when the City occupies more than about 20% of the basin). RLMD and high density residential are generally well-distributed across basins containing significant city area. Intensively developed areas are found throughout most basins, although Portage and Middle Fork Quilceda contain 83% and 99% of all commercial and industrial areas, respectively. These areas are predominately in the central and southeast areas of the City. However, they commonly infiltrate all of their stormwater on-site. 10.7. Stormwater Infrastructure The City of Arlington’s stormwater infrastructure is summarized by 4th tier basins in the table below. Across the entire City, the subsurface network includes 3,253 catch basins and manholes, and about 48 miles of pipe. The surface network includes more than 18 miles of ditches and swales, and 2.9 miles of culverts. There are about 86 known outfalls—points of interchange where stormwater is discharged 40 from City infrastructure to a natural feature, whether river, stream, wetland, or ground surface. The City has inventoried 114 detention ponds and vaults to date. The City will continue to add additional stormwater management systems to the inventory as they are identified. The City needs to update inventories to segregate “outfalls” from “discharge points” as defined in the new permit. City of Arlington Council Agenda Bill Item: WS #2 Attachment B COUNCIL MEETING DATE: April 25, 2016 SUBJECT: New Ordinance Chapter under Title 3 – Revenue and Finance - AMC Chapter 3.98 Property Tax Exemption ATTACHMENTS: Draft Ordinance DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The purpose of the proposed property tax exemption is to encourage or incentivize new industrial/manufacturing uses be developed in targeted areas within the city, thereby increasing employment opportunities for family living wage jobs. As provided in Chapter 84.25 RCW, the purpose of this chapter is to provide a limited exemption from ad valorem property taxation for new construction of industrial/manufacturing facilities when such facilities meet the specific requirements in chapter 84.25 RCW and the ordinance. HISTORY: Engrossed Senate Bill 5761 was passed by the Legislature on May 28, 2015, which created a tax incentive program to stimulate the development of new industrial and manufacturing uses in designated targeted urban areas. The County adopted Ordinance No. 16-011 establishing a new chapter to allow certain properties to be exempt from county property taxes in accordance with RCW 84.25. Currently, three cities in Snohomish County will be participating in the tax exemption program for exempting new construction of industrial/manufacturing facilities from ad valorem property taxes: Arlington, Marysville and Lake Stevens. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. ORDINANCE NO. 2016-XXX 1 ORDINANCE NO. 2016--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING PROVISIONS RELATING TO TAX INCENTIVES IN TARGETED AREAS FOR NEW CONSTRUCTION OF INDUSTRIAL OR MANUFACTURING FACILITIES CREATING FAMILY LIVING WAGE JOBS WHEREAS, the City of Arlington has been granted the authority to create tax incentives in targeted areas for new construction of industrial or manufacturing facilities creating family living wage jobs as a result of Senate Bill 5761 (Chapter 9, 2015 Laws 1st Special Session) and RCW 84.25; and WHEREAS, the City Council previously passed resolution #2016-XXX which notified the public of its intent to create targeted areas in support of this authority, which resolution scheduled a public hearing for May 2, 2016; and WHEREAS, the City Council conducted a public hearing on May 2, 2016; and WHEREAS, the City Council wishes to create tax incentives to support construction that will create new family living wage jobs; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. A new chapter 3.98 of the Arlington Municipal Code (AMC) is hereby created, to read as follows: Chapter 3.98 – Property Tax Exemption 3.98.100 Purpose 3.98.110 Applicability 3.98.120 Definitions 3.98.130 Exemption Created 3.98.140 General Requirements 3.98.150 Application 3.98.160 Approval Criteria 3.98.170 Approval/Denial 3.98.180 Application Fee 3.98.190 Additional Requirements 3.98.200 Reporting 3.98.210 Continuance and Discontinuance ORDINANCE NO. 2016-XXX 2 3.98.100 Purpose. It is the purpose of this chapter to encourage new manufacturing and industrial uses on undeveloped or underutilized lands zoned for industrial and manufacturing uses within the city through tax incentive, thereby increasing employment opportunities for family living wage jobs. 3.98.110 Applicability. All undeveloped or underutilized properties within the city’s Light Industrial and General Industrial zones shall be eligible to receive an ad valorem tax exemption as allowed by Senate Bill 5761 (Chapter 9, 2015 Laws 1st Special Session) and RCW 84.25 for the value of new construction of industrial/manufacturing facilities. 3.98.120 Definitions. The definitions in this section shall apply to this chapter unless the context clearly requires otherwise: (1) “Administrative Authority” means the Department of Community and Economic Development. (2) “City” means the City of Arlington. (3) “Designee” means the Director of Community and Economic Development. (4) “Director” means the Director of Community and Economic Development. (5) “Family living wage job” means a job with a wage that is sufficient for raising a family. A family living wage job shall have an average wage of eighteen dollars an hour or more, working two thousand eighty hours per year on the subject site, as adjusted annually for inflation by the consumer price index. (6) “Governing Authority” means the Arlington City Council. (7) “Industrial/manufacturing facilities” means building improvements that are ten thousand square feet or larger, representing a minimum improvement valuation of eight hundred thousand dollars ($800,000.00) for uses categorized as “division D: manufacturing” by the United States Department of Labor in the Occupation Safety and Health Administration’s standard industrial classification manual. (8) “Lands zoned for industrial and manufacturing uses” means lands in the City zoned as of December 31, 2014, for an industrial or manufacturing use consistent with the City’s Comprehensive Plan where the lands are designated for industry. (9) “Owner” means the property owner of record. (10) “Targeted area” means an area of undeveloped lands zoned for industrial and manufacturing uses in the City that is located with or contiguous to an innovation partnership zone, foreign trade zone, or EB-5 ORDINANCE NO. 2016-XXX 3 regional center, and designated for possible exemption under the provisions of this chapter. (11) “Undeveloped or underutilized” means that there are no existing building improvements on the property or portions of the property targeted for new or expanded industrial or manufacturing uses. 3.98.130 Exemption Created (a) The value of new construction of industrial/manufacturing facilities qualifying under this chapter is exempt from property taxation under this title, as provided in this section. The value of new construction of industrial/manufacturing facilities is exempt from taxation for properties for which an application for a certificate of tax exemption is submitted under this chapter before December 31, 2022. The value is exempt under this section for ten successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate. (b) The exemption provided in this section does not include the value of land or nonindustrial/manufacturing-related improvements not qualifying under this chapter. (c) The exemption provided in this section is in addition to any other exemptions, deferrals, credits, grants, or other tax incentives provided by law. (d) This chapter does not apply to state levies or increases in assessed valuation made by the assessor on non-qualifying portions of buildings and value of land nor to increases made by lawful order of a county board of equalization, the department of revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (e) This exemption does not apply to any county property taxes unless the governing body of the county adopts a resolution and notifies the governing authority of its intent to allow the property to be exempted from county property taxes. (f) At the conclusion of the exemption period, the new industrial/manufacturing facilities cost shall be considered as new construction for the purposes of chapter 84.55 RCW. 3.98.140 General requirements. An owner of property making application under this chapter shall meet the following requirements: (a) The new construction of industrial/manufacturing facilities shall be located on land zoned for industrial and manufacturing uses, undeveloped or underutilized, and as provided in section 6 of Senate Bill 5761 (Chapter 9, 2015 Laws 1st Special Session), designated by the city as a targeted area; (b) The new construction of industrial/manufacturing facilities shall ORDINANCE NO. 2016-XXX 4 meet all construction and development regulations of the city; (c) The new construction of industrial/manufacturing facilities shall be completed within three years from the date of approval of the application; and (d) The applicant shall enter into a contract with the city approved by the Director of Community & Economic Development, under which the applicant has agreed to the implementation of the development on terms and conditions satisfactory to the administrative authority. 3.98.150 Application. An owner of property seeking an exemption under this chapter shall apply to the city on the application form adopted by the governing authority. The application shall contain the following: A. Information setting forth the grounds supporting the requested exemption, including information indicated on the application form or in the guidelines; B. A description of the project and site plan, and other information requested; C. A statement of the expected number of new family living wage jobs to be created; D. A statement that the applicant is aware of the potential tax liability involved when the property ceases to be eligible for the incentive provided under this chapter; and E. A statement that the applicant would not have built in this location but for the availability of the tax exemption under this chapter; F. The applicant shall verify the application by oath or affirmation; and G. The application shall be accompanied by the application fee required under this chapter. The Director may permit the applicant to revise an application before final action by the Department of Community and Economic Development. 3.98.160 Approval criteria. The duly authorized administrative authority of the city may approve the application if it finds that: (1) A minimum of twenty-five new family living wage jobs will be created on the subject site as a result of new construction of manufacturing/industrial facilities within one year of building occupancy; (2) The proposed project is, or will be, at the time of completion, in conformance with all local plans and regulations that apply at the time the application is approved; and (3) The criteria of this chapter have been satisfied. 3.98.170 Approval/Denial. (a) The Director shall approve or deny an application filed under this ORDINANCE NO. 2016-XXX 5 chapter within ninety days after receipt of the application. (b) If the application is approved, the city shall issue the owner of the property a conditional certificate of acceptance of tax exemption. The certificate shall contain a statement by the Director that the property has complied with the required criteria of this chapter. (c) If the application is denied, the Director shall state in writing the reasons for denial and send the notice to the applicant at the applicant's last known address within ten days of the denial. (d) Upon denial by the Director, an applicant may appeal the denial to the city's governing authority within thirty days after receipt of the denial. The appeal before the city's governing authority shall be based upon the record made before the city with the burden of proof on the applicant to show that there was no substantial evidence to support the city's decision. The decision of the city in denying or approving the application is final. 3.98.180 Application fee. An administrative application fee of $500.00 (five hundred dollars) plus the required county assessor fee shall be paid at the time the application for limited exemption is filed. If the application is approved, the city shall pay the application fee to the county assessor for deposit in the county current expense fund, after first deducting that portion of the fee attributable to its own administrative costs in processing the application and administering the tax exemption program. If the application is denied, the city may retain that portion of the application fee attributable to its own administrative costs and refund the balance to the applicant. 3.98.190 Additional requirements. (a) Upon completion of the new construction of a manufacturing/industrial facility for which an application for an exemption under this chapter has been approved and issued a certificate of occupancy, the owner shall file with the city the following: (1) A description of the work that has been completed and a statement that the new construction on the owner's property qualify the property for a partial exemption under this chapter; (2) A statement of the new family living wage jobs to be offered as a result of the new construction of manufacturing/industrial facilities; and (3) A statement that the work has been completed within three years of the issuance of the conditional certificate of tax exemption. (b) Within thirty days after receipt of the statements required under subsection (a) of this section, the city shall determine whether the work completed and the jobs to be offered are consistent with the application and the contract approved by the city and whether the application is ORDINANCE NO. 2016-XXX 6 qualified for a tax exemption under this chapter. (c) If the criteria of this chapter have been satisfied and the owner's property is qualified for a tax exemption under this chapter, the city shall file the certificate of tax exemption with the county assessor within ten days of the expiration of the thirty-day period provided under subsection (b) of this section. (d) The city shall notify the applicant that a certificate of tax exemption is denied if the city determines that: (1) The work was not completed within three years of the application date; (2) The work was not constructed consistent with the application or other applicable requirements; (3) The jobs to be offered are not consistent with the application and criteria of this chapter; or (4) The owner's property is otherwise not qualified for an exemption under this chapter. (e) If the city finds that the work was not completed within the required time period due to circumstances beyond the control of the owner and that the owner has been acting and could reasonably be expected to act in good faith and with due diligence, the Director may extend the deadline for completion of the work for a period not to exceed twenty-four consecutive months. (f) The owner may appeal a decision by the city to deny a certificate of tax exemption in superior court under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty days of notification by the city to the owner of the exemption denial. 3.98.200 Reporting. (a) Thirty days after the anniversary of the date of the certificate of tax exemption and each year for the tax exemption period, the owner of the new industrial/manufacturing facilities shall file with the Administrative Authority an annual report indicating the following: (1) A statement of the family living wage jobs at the facility as of the anniversary date; (2) A certification by the owner that the property has not changed use; (3) A description of changes or improvements constructed after issuance of the certificate of tax exemption; and (4) Any additional information requested by the city. (b) The City shall report annually by December 31st of each year, beginning in 2016, to the Department of Commerce. The report shall include the following information: (1) The number of tax exemption certificates granted; (2) The total number and type of new manufacturing/industrial ORDINANCE NO. 2016-XXX 7 facilities constructed; (3) The number of family living wage jobs resulting from the new manufacturing/industrial facilities; and (4) The value of the tax exemption for each project receiving a tax exemption and the total value of tax exemptions granted. 3.98.210 Continuance and discontinuance. (a) If the value of improvements have been exempted under this chapter, the improvements continue to be exempted for the applicable period under this chapter so long as they are not converted to another use and continue to satisfy all applicable conditions including, but not limited to, zoning, land use, building, and family wage job creation. (b) If an owner voluntarily opts to discontinue compliance with the requirements of this chapter, the owner shall notify the assessor within sixty days of the change in use or intended discontinuance. (c) If, after a certificate of tax exemption has been filed with the county assessor, the city discovers that a portion of the property is changed or will be changed to disqualify the owner for exemption eligibility under this chapter, the tax exemption shall be canceled and the following occurs: (1) Additional real property tax shall be imposed on the value of the non-qualifying improvements in the amount that would be imposed if an exemption had not been available under this chapter, plus a penalty equal to twenty percent of the additional value. This additional tax is calculated based upon the difference between the property tax paid and the property tax that would have been paid if it had included the value of the non-qualifying improvements dated back to the date that the improvements were converted to a non- qualifying use; (2) The tax shall include interest upon the amounts of the additional tax at the same statutory rate charged on delinquent property taxes from the dates on which the additional tax could have been paid without penalty if the improvements had been assessed at a value without regard to this chapter; and (3) The additional tax owed together with interest and penalty becomes a lien on the property and attaches at the time the property or portion of the property is removed from the qualifying use under this chapter or the amenities no longer meet the applicable requirements for exemption under this chapter. A lien under this section has priority to, and shall be fully paid and satisfied before, a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the property may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same ORDINANCE NO. 2016-XXX 8 manner provided by law for foreclosure of liens for delinquent real property taxes. An additional tax unpaid on its due date is delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent property taxes. (d) Upon a determination that a tax exemption is to be terminated for a reason stated in this section, the Director shall notify the record owner of the property as shown by the tax rolls by mail, return receipt requested, of the determination to terminate the exemption. The owner may appeal the determination to the city, within thirty days by filing a notice of appeal with the city, which notice shall specify the factual and legal basis on which the determination of termination is alleged to be erroneous. At an appeal hearing, all affected parties may be heard and all competent evidence received. After the hearing, the governing authority shall either affirm, modify, or repeal the decision of termination of exemption based on the evidence received. An aggrieved party may appeal the decision of the governing authority to the superior court as provided in RCW 34.05.510 through 34.05.598. (e) Upon determination by the city to terminate an exemption, the county officials having possession of the assessment and tax rolls shall correct the rolls in the manner provided for omitted property under RCW 84.40.080. The county assessor shall make such a valuation of the property and improvements as is necessary to permit the correction of the rolls. The value of the new industrial/manufacturing facilities added to the rolls is considered new construction for the purposes of chapter 84.40 RCW. The owner may appeal the valuation to the county board of equalization as provided in chapter 84.40 RCW. If there has been a failure to comply with this chapter, the property shall be listed as an omitted assessment for assessment years beginning January 1st of the calendar year in which the noncompliance first occurred, but the listing as an omitted assessment may not be for a period more than three calendar years preceding the year in which the failure to comply was discovered. 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. ORDINANCE NO. 2016-XXX 9 PASSED BY the City Council and APPROVED by the Mayor this _____ day of May, 2016. 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 #3 Attachment C COUNCIL MEETING DATE: April 25, 2016 SUBJECT: Airport Commission Appointment and Reappointments ATTACHMENTS: Redacted application of Dary Finck DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Four candidates were interviewed for the two existing Commission positions, as well as the one open seat. Two sitting Airport Commissioners were interviewed (Don Munson and John Swizer) whose terms expire in April, and two new applicants were interviewed for the open position (Jim Weiss and Dary Finck). The panel agreed that Don Munson and John Swizer should retain their seats as Airport Commissioners. After much discussion the panel decided that Dary Finck was the best candidate for the open position. The other candidate was notified that although he was not selected, we would keep his application on file and that he would be eligible to interview for future openings. HISTORY: 2016 has already seen the resignation of two Commissioners (AJ Chase and Chuck Clark) Mr. Clark’s seat was filled by William Jennings. The most recent interviews were for the position left open by A.J. Chase. ALTERNATIVES Table the recommendations until a later date. RECOMMENDED MOTION: Workshop; discussion only. At the May 2, 2016 meeting, the motion will be, “I move to confirm the appointment of Dary Finck to the Airport Commission and confirm the reappointments of Don Munson and John Swizer to the Airport Commission.” Jim Weiss ✔ 1/14/2016 (Attach page for additional space) - USAF Veteran (Air Traffic Controller) - 24+ years with The Boeing Company as Manufacturing Engineer/ Mechanic - 19 yr resident in the High Clover Neighborhood (aircraft fly over my house all the time) 4 term Arlington School District Board of Director. Lodging Tax applicants must attach a letter of support from the organization they are representing. City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: April 25, 2016 SUBJECT: March 2016 Financial Report ATTACHMENTS: Financial Reports – Narrative General Fund Operating Statement Revenue Charts Other Fund Operating Statements DEPARTMENT OF ORIGIN Finance; Kristin Garcia – Finance Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Attached is the March 2016 financial report. A brief PowerPoint presentation will provide an overview of the first quarter of 2016. HISTORY: ALTERNATIVES RECOMMENDED MOTION: Workshop; discussion only. 1    2016 March Financial Report – Kristin Garcia, Finance Director  GENERAL FUND   The ending fund balance as of March 31, 2016 was $748,929.  Year to date revenues were $2.8  million and 19.5% of budget.  Year to date expenses were $3.3 million and 23.2% of budget which  means first quarter expenses exceed revenues.  As noted last month, this trend meets our  expectation because we know certain revenues are received quarterly/annually and some expenses  are paid in full during the first quarter.  Additionally, if we compare first quarter budget to actuals to  last year, we’ll see that 2015 first quarter revenues were 19.7% of budget and expenses were 22.5%  of budget, so our cash flow is performing normally.  Retail sales taxes collected year to date were $930,743 which is 2% over what we budgeted.  First  quarter revenues are about 4% higher than what we collected in the first quarter of 2015 which  means we’re still showing a growth pattern in sales tax revenue.  Telephone tax revenues are an item that I’m monitoring closely as this revenue stream represents  about 3.5% of the general fund revenue budget.  First quarter revenues show an average decline of  3% between 2012 and 2016.  When looking at 2015 year end data, this revenue stream ended 6%  lower than 2014.  The revenue stream is running about 2% below our current budget.        OTHER FUNDS  Program Development Fund, Public Safety –  We received a donation from the Stillaguamish Tribe  in the amount of $43,628 for the purchase of a police vehicle!  The council approved the purchase of  a vehicle at the March 21, 2016 council meeting as this was not an item originally included in the  budget.  The purchase will likely trigger a budget amendment at year end.  EMS Fund – At the end of March, the EMS Fund required an additional inter‐fund loan of $63,208.  The combined total of all loans outstanding is $495,346.  Interest accrued on the loan January –  March 2016 is $441.64.    Investments  ‐ As of March 31, 2016 the City held $26.4 million in cash and investments.  We held  $16 million in government agency securities, $2.1 million in Certificates of Deposit, $4 million in our  general checking account, $2.5 million in the Local Government Investment Pool and $1.8 million in  municipal bonds.  Investment interest earned year to date was $34,365 which is up from first  quarter 2015 in which we received $31,380.