HomeMy WebLinkAbout04-25-2016 Council Workshop
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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 < 17.5C;
and/or receiving water
temperature will not be
increased by more than
0.3C
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.