Loading...
HomeMy WebLinkAbout05-09-2016 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 Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert - Deana APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Dr. Gary Goldbaum of Snohomish County Health District - Current Public Health Issues 2. Kristina Gallant of Alliance for Housing Authority – Housing 101 Report 3. Transportation 2035 Comprehensive Plan, 2016 Update ATTACHMENT A Staff Presentation: Jim Kelly Council Liaison: Mayor Pro Tem Debora Nelson 4. 2016 Preliminary Docket ATTACHMENT B Staff Presentation: Chris Young Council Liaison: Chris Raezer 5. TWENTYFIVE Monthly Marketing Plan Update ATTACHMENT C Staff Presentation: Chris Young Council Liaison: Jesica Stickles 6. Parks, Arts and Recreation Commission Appointments ATTACHMENT D Staff Presentation: Sarah Lopez Council Liaison: Sue Weiss 7. Authority to Apply for Recreation and Conservation Office (RCO) ATTACHMENT E Grant for Haller Park Staff Presentation: Sarah Lopez Council Liaison: Sue Weiss Arlington City Council Workshop Monday, May 9, 2016 at 7:00 p.m. City Council Chambers – 110 E Third St SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. 8. Ordinance Revision Request for Beer Garden in Haller Park ATTACHMENT F Staff Presentation: Sarah Lopez Council Liaison: Sue Weiss 9. Public Art Request for Approval ATTACHMENT G Staff Presentation: Sarah Lopez Council Liaison: Sue Weiss 10. Mutual Benefit Agreement Ordinance ATTACHMENT H Staff Presentation: Dave Ryan Council Liaison: Jan Schuette 11. 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 Barb Tolbert To open all attachments, click here City of Arlington Council Agenda Bill Item: WS #3 Attachment A COUNCIL MEETING DATE: May 9, 2016 SUBJECT: Transportation 2035 Comprehensive Plan, 2016 Update ATTACHMENTS: None, Transportation Comp Plan on City website at: http://www.arlingtonwa.gov/index.aspx?page=144 DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Proposed adoption of the Transportation 2035 Comprehensive Plan, 2016 Update, per recommendation by the City of Arlington Planning Commission. HISTORY: As required by the Growth Management Act (RCW 36.70A.040), the City of Arlington has prepared the Transportation 2035 Comprehensive Plan, 2016 Update. The Plan details how the City will expand the transportation system for the next 20 years to support the existing population while also supporting growth targets identified in the City’s 2015 General Comprehensive Plan. Public Works began coordination with Community and Economic Development in 2014 on the Plan update. Shea Carr Jewel was contracted to run models and assess new and current system enhancements and projects. The Plan was presented to and received approval from the Arlington Planning Commission, and received concurrence from Puget Sound Regional Council (PSRC). ALTERNATIVES Remand to staff for more information. RECOMMENDED MOTION: Workshop; discussion only. City of Arlington Council Agenda Bill Item: WS #4 Attachment B COUNCIL MEETING DATE: May 9, 2016 SUBJECT: 2016 Comprehensive Plan Amendment Docket ATTACHMENTS: 2016 Preliminary Docket Memo 2016 Preliminary Comprehensive Plan Amendment Docket DEPARTMENT OF ORIGIN Department of Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Pursuant to RCW 36.70A.130, Cities may amend their comprehensive plans only once per calendar year. Arlington Municipal Code §20.96 establishes a docketing process where all proposed comprehensive plan amendments may be considered and adopted congruently. Proposed amendments to the City’s Comprehensive Plan may be made by any private citizen or by city staff. The City Council must approve of any item being placed on the Final Docket. Once the docket becomes final, staff is authorized to proceed with processing the proposed amendment(s). Proposed amendments must receive final approval by the City Council in order to become incorporated into the City’s Comprehensive Plan. This process is not to be confused with the 8-year comprehensive plan update cycle. HISTORY: On April 19th, a Public Hearing was held and the City’s Planning Commission reviewed the 2016 Preliminary Comprehensive Plan Amendment Docket and recommended all items on the Preliminary Docket be placed on the Final Docket. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. City of Arlington 2016 Preliminary Docket Memo Page 1 of 3 July x, 2012 PLN201200 Christopher Young, Director 18204 59 Avenue NE 360-403-3551 2016 COMPREHENSIVE PLAN AMENDMENT DOCKET MEMO To: City Council From: Christopher Young, CED Director and Amy Rusko, Associate Planner Date: January 29, 2016 Subject: 2016 Preliminary Docket Request INTRODUCTION The City’s Comprehensive Plan 2015 update was submitted for adoption in June 2015. State law (see RCW 36.70A.130) allows for jurisdictions to make amendments to comprehensive plans once annually. The City has established a docketing process (see AMC §20.96.022) in order to identify and review all potential amendments to the City’s Comprehensive Plan for a given year to ensure all proposed amendments are considered together. As part of the docketing process, private citizens have the opportunity to submit applications to amend the City’s Comprehensive Plan. The deadline to apply for annual amendments is January 31st of each year. The City can also propose amendments to the comprehensive plan. Once the deadline passes, staff compiles a list of all proposed amendments on a preliminary docket. This docket is then reviewed by staff to determine if each amendment complies with the criteria listed in Chapter 20.96 of the City’s Land Use Code. Once approved by the Director, the public has an opportunity to comment on proposed amendments listed on the preliminary docket. Comments are compiled, if any, and are then presented to the Planning Commission for consideration at a public hearing. The Planning Commission then makes a recommendation to the City Council on whether or not the proposed amendments shall be on the Final 2016 Comprehensive Plan Amendment Docket. The City Council reviews and has the option to keep and/or remove any proposed amendments on the docket. The Council then adopts the final docket in which staff processes over the course of the year. Community & Economic Development PLANNING & LAND USE DIVISION City of Arlington 2016 Preliminary Docket Memo Page 2 of 3 BACKGROUND Privately Initiated Proposals. None received City Initiated Proposals. The City is proposing two amendments to the City’s Comprehensive Plan: a) The first proposed amendment involves creating a new overlay chapter to allow a Horizontal Mixed Use Development. Currently, our Land Use Code only allows the Vertical Mixed Use Development concept, whereas, the Retail development must be located on the first floor and the Residential Development is allowed on the upper floors. Although this concept (model) works well in the OTBD Zones (Urban Dense Areas) it is not a model currently favored or used in other areas of the city. The Horizontal Mixed Use Development concept allows for a mix of diversified, high-density residential to co-exist with the typical retail and support services, creating an urban village feel. Several lots within the city have been analyzed using this concept and the development is contingent upon utilizing this concept. The overlay would be applied, as a design option, within our commercial zones, HC, GC, and NC, where the concept would be most beneficial by allowing its highest and best use potential. The proposed preliminary docket request is consistent with the amendment process and our Comprehensive Plan Policies; PL-7.2, PL-7.3, PO-6.1, PO-6.2, GH-2, PH-4.1, and PH-8.3. b) The second proposed amendment involves a potential amendment to our Water Service portion of the Comprehensive Plan and is placed on the internal docket as a placeholder. The specific amendments would involve Chapter 9 – Water System Improvements and Chapter 10 – Financial Plan. ANALYSIS Arlington Municipal Code Chapter 20.96 (Amendments) outlines the process for amending the City’s Comprehensive Plan on an annual basis. Specifically, AMC 20.96.022 (Docketing procedures- comprehensive plan amendments) requires that: (a) The city shall compile and maintain a list, known as a "docket," of all city-initiated and privately-initiated proposed comprehensive plan amendments. The list shall be organized as to amendment type and include a description of the amendment in nontechnical terms, as well as the name of the applicant and date of submission to the city. The preliminary docket shall be made available to the public for review and comment for at least fifteen days prior to consideration by the planning commission. Written comments that are submitted by the end of the comment period shall be added to the preliminary docket. The final docket will be determined as described in AMC 20.96. (b) Preliminary Review—Determination of Final Docket. (1) Staff Evaluation. The community development director shall conduct a brief initial evaluation of all privately-initiated proposed comprehensive plan amendments to ascertain whether the proposals meet the preliminary review criteria in AMC 20.96 and to assess the extent of review that would be required under the State Environmental Policy Act (SEPA). The director shall make a recommendation to the planning commission as to City of Arlington 2016 Preliminary Docket Memo Page 3 of 3 which proposed amendments should be included in the final docket, along with any city- initiated proposed amendments. (2) Joint Workshop. During each annual amendment cycle, the city council and planning commission may, at the city council's discretion, hold a noticed joint workshop to serve as an informational meeting between the two governmental bodies. (3) Planning Commission Hearing. The planning commission shall hold a noticed hearing on selection of proposed amendments for the final docket. (4) City Council Decision. The city council shall consider the planning commission's recommended final docket. Council may adopt the proposed final docket without a public hearing; however, in the event that a majority of the council decides to add or subtract amendments, it shall first hold a public hearing. No additional amendments may be considered after council adoption of the docket for that year, except as provided in AMC 20.96.010(e). The final docket shall be approved by resolution. For items to be placed on the FINAL docket, they must meet the criteria outlined in AMC 20.96.024 (Selection and Decision Criteria-Comprehensive Plan Amendments): (a) Proposed amendments that meet one of the following criteria may be included in the final docket: (1) If the proposed amendment is site specific, the subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. (2) State law requires a decision of a court or administrative agency has directed such a change. (3) There exists an obvious technical error in the pertinent comprehensive plan provision. (b) Proposed amendments that do not meet one of the criteria in subsection (1) of this section shall meet all of the following criteria: (1) The amendment represents a matter appropriately addressed through the comprehensive plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety and welfare of the city. (2) The amendment does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by the city council. (3) The proposed amendment addresses significantly changed conditions since the last time the pertinent comprehensive plan map or text was amended. "Significantly changed conditions" are those resulting from unanticipated consequences of an adopted policy, or changed conditions on the subject property or its surrounding area, or changes related to the pertinent comprehensive plan map or text, where such change has implications of a magnitude that need to be addressed for the comprehensive plan to function as an integrated whole. (4) The proposed amendment is consistent with the comprehensive plan and other goals and policies of the city, the countywide planning policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code and other applicable law. COMMUNITY & ECONOMIC DEVELOPMENT PLANNING & LAND USE DIVISION ARLINGTON AIRPORT OFFICE 18204 59TH AVE NE ARLINGTON, WA 98223 8am – 5pm M-F Closed Holidays 360.403.3551 TO LEARN MORE To learn more about any proposal listed on this docket, contact the City’s Associate Planner, Amy Rusko at 360.403.3550 or arusko@arlingtonwa.gov TO COMMENT You may provide the City with comment on any docket proposal by submitting your written comments to Associate Planner Amy Rusko at arusko@arlingtonwa.gov or by mail 18204 59th Ave NE, Arlington, WA 98223. The comment period for items on this preliminary docket proposal ends April 15, 2016 at 5:00PM 2016 Preliminary Comprehensive Plan Admendment Docket PRIVATELY INITIATED PROPOSALS 1. None Received CITY INITIATED PROPOSALS 1. Type: Horizontal Mixed Use Overlay Zoning (Comprehensive Plan and Zoning Map Amendment) Applicant: City of Arlington File №: PLN#202 Description: The City wishes to allow the Horizontal Mixed Use Development concept, in addition to the currently permitted Vertical Mixed Use concept. The Horizontal Mixed Use Concept will allow for a mix of diversified, high-density residential to co-exist with the typical retail and support services, creating an Urban Village feel. Several commercially zoned areas within the city were analyzed using this concept of mixed use development and found to be favorable in meeting our buildable land needs, comprehensive planning policies relating to multi-modal access, and our retail marketing strategy. The Horizontal Mixed Use Overlay can be used as a design option in all areas currently zoned Highway Commercial (HC), General Commercial, (GC), Neighborhood Commercial (NC), Residential High Density (RHD) and a portion of the Smokey Point Arterial Corridor currently zoned Residential Moderate Density (RMD), by allowing its highest and best use potential. The proposed Docket Request is consistent with our Comprehensive Planning Policies; PL-7.2, PL-7.3, PO-6.1, GH-2, PH-4.1, and PH-8.3. COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR PRELIMINARY DOCKET AUTHORIZATION: DATE: SIGNATURE: CHRISTOPHER YOUNG, DIRECTOR City of Arlington Council Agenda Bill Item: WS #5 Attachment C COUNCIL MEETING DATE: May 9, 2016 SUBJECT: Marketing Plan Status Report ATTACHMENTS: Retail Economic Development Campaign Update Presentation DEPARTMENT OF ORIGIN Department of Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Monthly update/status report presented by TWENTYFIVE. HISTORY: TWENTYFIVE was contracted by the city to conduct its Retail Economic Development Campaign. This project commenced in February 2016 with the 1st Council report given in March 2016. Periodic updates will be given to Council as the campaign moves forward. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. City of Arlington Council Agenda Bill Item: WS #6 Attachment D COUNCIL MEETING DATE: May 9, 2016 SUBJECT: PARC Commission Appointments ATTACHMENTS: Redacted Applications DEPARTMENT OF ORIGIN Recreation EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Applicant Jennifer Egger was interviewed for the vacant PARC position on April 19. This appointment will fill the position vacated by Taira Knee with a term of April 1, 2016 to April 1, 2020. Brittany Kleinman’s term expired April 1, 2016. She has reapplied for the position with term April 1, 2016 to April 1, 2020. HISTORY: ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. APPLICATION FOR BOARDS & COMMISSIONS NAME ADDRESS PHONE (home) PHONE (work) E-MAIL ADDRESS I AM INTERESTED IN SERVING ON THE FOLLOWING BOARDS & COMMISSIONS: (Check all that apply) Airport Commission Cemetery Board Civil Service Commission Library Board Parks, Arts, and Recreation Commission Planning Commission Lodging Tax Advisory Committee Citizens Salary Commission BACKGROUND / EXPERIENCE / INTEREST Name of Applicant Date (Attach separate sheet for additional information) Jennifer Egger ✔ 03/11/16 (Attach page for additional space) I am a long-time Arlington resident, and love serving my community. My family has benefited by the great parks and programs that our city oversees, and it has been great to see these things grow over the years. Through my position at Cascade Valley Hospital, I have participated in many community events, including coordinating the 4th of July Parade. My main areas of experience are in marketing, event planning, social media and fundraising. I would love to help in any way. Lodging Tax applicants must attach a letter of support from the organization they are representing. City of Arlington Council Agenda Bill Item: WS #7 Attachment E COUNCIL MEETING DATE: May 9, 2016 SUBJECT: Authority to Apply for Recreation and Conservation Office (RCO) Grant for Haller Park Splash Pad and Improvements ATTACHMENTS: Resolution DEPARTMENT OF ORIGIN Recreation EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Requesting authorization to submit application for grant funding assistance for Washington Wildlife and Recreation Program (WWRP) project to the Recreation and Conservation Funding Board. Grant request is $500,000 for improvements including a splash pad at Haller Park, with matching funds from Friends of the Haller Park and Stillaguamish Tribe. HISTORY: Washington State Recreation and Conservation Office funded Haller Park in 1966 for the original park facilities. ALTERNATIVES Deny authorization. RECOMMENDED MOTION: Workshop; discussion only. RESOLUTION NO. 2016-XXX RESOLUTION NO. 2016-XXX A RESOLUTION OF THE CITY OF ARLINGTON AUTHORIZING APPLICATION FOR RECREATION AND CONSERVATION OFFICE WASHINGTON WILDLIFE AND RECREATION PROGRAM (WWRP) FUNDING WHEREAS, The City has approved a comprehensive parks and recreation or that includes this project; and WHEREAS, under provisions of the WWRP program, state grant assistance is requested to aid in financing the cost of renovation and facility development; and WHEREAS, The City considers it in the best public interest to complete the project described in the application(s). NOW, THEREFORE, BE IT RESOLVED that: 1. The City of Arlington is authorized to make formal application to the Recreation and Conservation Funding Board for grant assistance. 2. The City has reviewed the sample project agreement on the Recreation and Conservation Office’s web site at: http://www.rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pdf and authorizes the City of Arlington to enter into such a project agreement, if funding is awarded. The City understands and acknowledges that the project agreement will contain the indemnification (applicable to any sponsor) and waiver of sovereign immunity (applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. The sample project agreement may be revised periodically by the Recreation and Conservation Office. The City recognizes that such changes might occur prior to the City’s authorized representative signing the actual project agreement, and accepts the responsibility and the presumption that the City’s authorized representative shall have conferred with us as to any such changes before he/she executes the project agreement on behalf of the City, and so executes with our authorization. 3. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 4. The City expects its matching share of project funding will be derived from Friends of the Park donations including Stillaguamish Tribe donations and that pursuant to WAC 286- 13-040 it must certify the availability of match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non-cash commitments to this project should they not materialize. 5. The City acknowledges that if the Recreation and Conservation Funding Board approves grant assistance for the project(s), the Recreation and Conservation Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that the City will only request payment from the Recreation and Conservation Office after the City incurs eligible and allowable costs and pay them. The Recreation and Conservation RESOLUTION NO. 2016-XXX Office may also determine an amount of retainage and hold that amount until the project is complete. 6. The City acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to by the City and the Recreation and Conservation Funding Board. The City agrees to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (which documents will be based upon RCO’s standard versions of those documents), to be recorded on the title of the property with the county auditor. 7. [The City acknowledges that any property acquired in fee title must be immediately made available to the public unless the Recreation and Conservation Office director or the Recreation and Conservation Funding Board agrees to other restrictions. 8. The City acknowledges that any property owned by the City that is developed, renovated or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity after the project is complete unless otherwise provided and agreed to by The City and the Recreation and Conservation Funding Board in the project agreement or an amendment thereto. 9. The City acknowledges that any property not owned by the City that is developed, renovated or restored with grant assistance must be dedicated for the purpose of the grant for at least twenty-five (25) years after the project is complete unless otherwise provided and agreed to by the City and the Recreation and Conservation Funding Board in the project agreement or an amendment thereto. 10. The City certifies that the project(s) does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. When completed, the project will not result in water quality degradation in Puget Sound, nor loss of ecosystem process, structure, or functions. The project will meet or exceed all permitting requirements. 11. The City certifies it is a registered nonprofit corporation with the Washington Secretary of State and has been active in managing similar types of projects for a minimum of three (3) years. Should the City dissolve or disband during the period of this project, it agrees to name a successor organization pursuant to Recreation and Conservation Funding Board policy. 12. This application authorization becomes part of a formal application to the Recreation and Conservation Funding Board for grant assistance. 13. The City provided appropriate opportunity for public comment on this application. 14. The City certifies that this application authorization was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. This application authorization was adopted by the City during the meeting held: Location City Council Chambers, 114 N Olympic Avenue, Arlington Date May 16, 2016 RESOLUTION NO. 2016-XXX Signed Title Date Washington State Attorney General’s Office Approved as to form _____ ____________March 15, 2016_ Assistance Attorney General Date Signed and approved on behalf of the resolving body of the organization by the following authorized representative: 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 #8 Attachment F COUNCIL MEETING DATE: May 9, 2016 SUBJECT: Request for Ordinance Change Regarding Beer and Wine Gardens ATTACHMENTS: Letter from Arlington Runners Club and Ordinance 22.04.200 DEPARTMENT OF ORIGIN Recreation EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Arlington Runners Club is requesting a change in Ordinance 22.04.200 regarding alcoholic beverages prohibited in parks except in conjunction with special events. The current ordinance allows for beer and wine tasting at Legion Park, sponsored by non-profits between the hours of noon and 10pm. Requesting change to allow for beer and wine gardens at Haller Park in addition to Legion Park. HISTORY: Devin Brossard and Lyanne Rolf, representing Arlington Runners Club, presented their proposal to have a beer and wine garden at Haller Park on July 3 and July 4 to the Park, Arts, and Recreation Commission on April 26, 2016. The idea was spurred from a need to draw more attendees to Haller Park during July 4th after receiving news that Fire District 21 will not be holding the annual pancake breakfast. The Pedal, Paddle, Puff Triathlon, Duck Dash, and Kiwanis Auction depend on a large number of attendees to be successful. Lyanne Rolf discussed the layout and format of the proposed beer and wine garden event and her experience with other similar events. PARC recommended that the ordinance be changed to allow for beer and wine gardens at Haller Park with a 3-1 vote. The original ordinance was adopted on July 7, 2014. ALTERNATIVES Deny change to current ordinance. RECOMMENDED MOTION: Workshop; discussion only. 4/13/2016 RE: 4th of July Dear Arlington City Council: The 4th of July festivities in Arlington are a yearly tradition for many local families. Great events and activities bring people together in Arlington on this holiday. Those include, but not limited to: the Pedal Paddle Puff Triathlon, the Duck Dash, the Kiwanis Auction, the Downtown Parade, the Firefighter’s Pancake Feed, and fireworks. This is an interesting year with possible changes to the festivities. To my knowledge, the status of the pancake feed is uncertain. Which is unfortunate, because it usually attracts a lot of people to Haller Park in the morning before the race and Kiwanis auction. Even with the uncertainty of that draw, there is a new boat ramp, and big plans moving forward with the future Splash Park pending fund raising efforts. In my mind, this year could be a year to show off the park and build excitement for the current construction projects and future development. I am the President of the Arlington Runners Club, which is hosting the Pedal Paddle Puff. After many discussions with community members and fellow runners, the idea of providing a beer garden following the triathlon, has drawn a lot of excitement. I would like to request the opportunity to provide this service following the race at Haller Park. I understand that the current ordinances do not allow for a beer garden at Haller Park. I know that anytime alcohol is involved, there are many concerns. I would like to propose several benefits to making this exception, as well as ways to minimize the risk of unfavorable behavior. Safety would be the top priority: the beer garden would limit the number of tokens available for purchase to reduce the risk of over consumption, local law enforcement would be present to maintain safety, and the area would follow all required fencing and boundaries to eliminate the risk of underage individuals entering. Aside from creating a festival atmosphere in the park, all of the money raised by the beer garden will be donated to the Splash Park fund. If no one will step in to provide the pancake feed we will partner with other local organizations to provide food trucks for the fourth of July. By having a beer garden, we could draw people to the park, provide food and entertainment, raise money for the Splash Park, and create another fun tradition. Thank you for your consideration. Sincerely, Devin Brossard ORDINANCE NO. 2014-011 1 ORDINANCE NO. 2014--011 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING REVISIONS TO THE CITY’S PARK REGULATIONS TO PERMIT LIMITED CONSUMPTION OF BEER AND WINE IN CERTAIN CITY PARKS WHEREAS, the City of Arlington has the authority to regulate city owned park lands within the City; and WHEREAS, the City of Arlington has received a request from the Arlington Arts Council to permit beer and wine tasting in special events in Legion Park; and WHEREAS, the City’s Parks, Arts and Recreation Council (PARC) has recommended amendment of the ordinance; and WHEREAS, the City Council wishes to approve the amendments to the city’s park regulations; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Section 20.64.060(a) shall be and hereby is amended to read as follows: 22.04.200 Alcoholic beverages prohibited except in conjunction with special events permit. It is unlawful to bring into or consume alcoholic beverages in a park or facility; provided, however, that nonprofit entities may be authorized to conduct beer or wine tasting events in conjunction with a special events use permit authorized under AMC Chapter 5.44. Any such permit shall limit the beer and wine consumption to beer and wine tasting gardens only, to occur between the hours of 12:00 noon and 10:00 p.m. and only in Legion Park and Haller Park. Any such permit shall be further subject to subject to all applicable requirements and regulations of the Washington State Liquor Control Board and any required Liquor Control Board permits. 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. ORDINANCE NO. 2014-011 2 Section 3. Effective Date. This ordinance shall be effective five days from its adoption and publication as required by law. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 20142016. 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 #9 Attachment G COUNCIL MEETING DATE: May 9, 2016 SUBJECT: Request for approval for public art proposals ATTACHMENTS: Mosaic rainbow sphere proposal, bicycle mural proposal, gong/bell proposal DEPARTMENT OF ORIGIN Recreation EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The following proposals have been approved for recommendation by the Arlington Art Council Public Art Committee and the Parks, Arts and Recreation Commission. Immaculate Conception mosaic sphere: Rita Meehan is presenting a sculpture proposal of a rainbow mosaic sphere for the Centennial Trail to celebrate Arlington Immaculate Conception’s 100 year anniversary. It has been agreed that if approved, the Church would maintain responsibility for the sculpture if it were vandalized or needed repair. The Public Art Committee and PARC thoroughly reviewed all aspects of this proposal. The appropriate location for the sculpture will be determined by staff. Mural for Haller Centennial Bridge Pillar: The Arlington Arts Council is proposing to paint a mural on the bridge pillar. The Public Art Committee recommended an image by Janet Myer of a whimsical bicycle. The work will be done by the Arlington Arts Council. Snohomish County Parks has approved this project (bridge is property of Snohomish County). Gong/Bell for Centennial Trail: The Arlington Arts Council would like to purchase and donate a gong/bell for the Centennial Trail near Lebanon Park. The Public Art Committee reviewed and approved the concept of a gong, so that approval could be asked of the City, before final selection of a gong is made. AAC has put out a call for art and final selection will be made by the Arlington Arts Council Public Art Committee. Safety, vandal resistance, maintenance and sound will be deciding factors. HISTORY: The public art process calls for City Council to give final approval on public art projects, after being reviewed by staff, Public Art Committee and PARC. The Arlington Arts Council has proven to select quality works for the Public Art Collection. City of Arlington Council Agenda Bill Item: WS #9 Attachment G ALTERNATIVES Deny all or part of proposed projects. RECOMMENDED MOTION: Workshop; discussion only. Overview of Proposal for Art: Mosaic Rainbow Sphere for Centennial Trail Submitted by Arlington Immaculate Con- ception Church for 100 Year Centennial Overall Height 57 inches, 24 inch sphere Overview of Proposal for Art: Mural for Centennial Trail Bridge Pillar at Haller Park Submitted by Arlington Arts Council Going to Ride by Janet Meyer. Labor and art provided by Arlington Arts Council. Spring/summer 2016. Overview of Proposal for Art: Gong/Bell for Centennial Trail near Lebanon Park Submitted by Arlington Arts Council as a donation Photos of examples of the concept, design yet to be determined. Proposed location West Ave Centennial Trail (west side) between Labyrinth and Sound Garden City of Arlington Council Agenda Bill Item: WS #10 Attachment H COUNCIL MEETING DATE: May 9, 2016 SUBJECT: Ordinance re Mutual Benefit Agreement Process ATTACHMENTS: Proposed Ordinance Memo from David Ryan re Event Processes / Fly-In Proposed Fly-In Special Events Agreement (informational) DEPARTMENT OF ORIGIN Legal—Steve Peiffle, City Attorney; Airport—David Ryan, Airport Manager EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Council is asked to review a proposed mutual benefit agreement ordinance which would allow the Airport staff to waive event use fees. HISTORY: The Airport staff would like for all events, including the Fly-In, to follow the same process as all other events in the City, and to utilize the Special Events process spelled out in AMC Chapter 5.44. Staff believes this event provides sufficient benefit to the airport to justify waiving the land use fees for the event. The Fly-In event creates a substantial amount of revenue for the City. Most other Fly-In events at other airports do not charge for the use of the property. In order to waive the fees under state law, the City must have in effect an ordinance or other process to demonstrate sufficient benefit to waive the fees. The ordinance follows the requirements of state law (RCW 14.20.120(8)-(9) in setting up such a process. This process also mirrors policies for Providing Property for Public Community Purposes section of the FAA’s Policies and Procedures Concerning the Use of Airport Revenue document, found here:https://www.gpo.gov/fdsys/pkg/FR-1999-02-16/pdf/99-3529.pdf City of Arlington Council Agenda Bill Item: WS #10 Attachment H ALTERNATIVES Make no changes to the process. Do not adopt ordinance. Require the Fly-In to follow a different process from everyone else at the airport. RECOMMENDED MOTION: Workshop; discussion only. 1 ARLINGTON MUNICIPAL AIRPORT USE AGREEMENT VARIABLE SECTION: General The City of Arlington/Arlington Municipal Airport and the Arlington Fly-In (“permittee”) agree that the permittee, may use and occupy the following prescribed real property: that part of the land within the boundary of the Arlington Municipal Airport that is shown in the attached Exhibit A. Such use is for the purpose of conducting the Arlington Fly-In for members, spectators and guest or any affiliates and/or associated chartered clubs or chapter of the Arlington Fly-In or Arlington Municipal Airport during the date of July 7th - 9th, 2016. 1. Fees – This land use permit is issued for the periods listed above and may be reviewed by the Arlington City Council and Airport Commission on a yearly basis. The non-refundable administrative fee is $100.00 and will be reviewed on a yearly basis. This entire agreement is open to review and possible approval/disapproval on an annual basis by the City of Arlington/Arlington Municipal Airport. It is revocable for any breach of the conditions noted herein. An administrative fee is required each year this agreement is renewed. Fees paid for use of the site are non-refundable and non-transferrable (cannot be applied to a future date if a reserved date is cancelled by the permittee). A written request for the use of the site shall be submitted at a minimum of at least 30 days prior to the anticipated use of the above-described property. This land use agreement will be for non- exclusive use. The property being utilized shall be considered rented for any day in which the permittee conducts the event. This shall include the set-up and teardown of the event. The payment for this use fee shall be mailed or hand delivered to the Arlington Municipal Airport office prior to the start of the event. Acreage required for this usage totals (76.4 ) acres. The total land use fee for the Arlington Fly- In event has been waived. Administrative fee is $100.00. Total due for the event equals $100.00. The permittee shall have the right of first refusal regarding use of the event site if another user approaches the airport for the use of the entire event site. 2 MASTER SECTION: 1. Late Charges - There shall be assessed and the permittee shall pay upon any installment of the use fee or portion thereof not paid within twenty (20) days after such fee installment is due and payable, a late charge penalty for each week or fraction thereof the use fee or portion thereof is not paid equal to five percent (5%) of the amount for such use fee or portion thereof (plus accrued late charge penalties, if any) due and payable. The amount of such late charge penalty shall be added to the amount due each month, and the total thereof shall be subject to a late charge for each succeeding month of fraction thereof in the amount of five percent (5%) of the total. 2. Insurance A. Insurance Term The permittee shall procure and maintain for the duration of the use or rental period insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the facilities and the activities of the permittee and his or her guests, representatives, volunteers and employees. B. No Limitation Permittee’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the permittee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. C. Required Insurance Permittee’s required insurance shall be as follows: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products-completed operations and contractual liability. The City shall be named as an additional insured on permittee’s General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain that the permittee’s insurance coverage shall be primary insurance as respect the City. Any insurance, self- insurance, or self-insured pool coverage maintained by the City shall be excess of the permittee’s insurance and shall not contribute with it. D. City Full Availability of Permittee Limits 3 If the permittee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the permittee, irrespective of whether such limits maintained by the permittee are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the permittee. E. Certificate of Insurance and Acceptability of Insurers The permittee shall provide a certificate of insurance evidencing the required insurance before using the Premises. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 3. Event Equipment - The permittee will supply at its expense all equipment to conduct the event including portable toilets, tents, portable operations buildings, food vending operations, fencing, and other miscellaneous equipment, such as aviation band radios, cell phones, etc. It is agreed that: (A) The permittee will provide their own security service and also adequate fire extinguishers and signage to comply with requirement imposed by the Arlington Fire Department. (B) The permittee will provide adequate signage and guidance on roads and streets surrounding the airport to citizens attending the event. (C) The permittee shall observe all federal, state and local laws, orders or regulations applicable to the premises including the erection of antennas, signs, displays, and shall keep the premises in a neat, orderly, safe and sanitary condition. (D) The permittee shall not close any roadway normally in public use without proper approval. 4. Set-Up/Teardown - (A) The permittee shall coordinate the setup, erection, cordoning, blocking, rerouting, teardown, fencing, or other activities to prepare the premises for the event, all of which may have the potential for disrupting normal airport operations, with the Airport Manager prior to commencement of the same. A detailed plan may be required by the Airport Manager prior to approving the same. Permittee acknowledges that plans for activities which may interfere with the operational surfaces of the airport, including all runways, taxiways, landing areas, and surface roads, must be provided to the Airport Manager during regular business hours and in sufficient time for the Airport Manager to review and approve the same, and to give prior notice to the Federal Aviation Administration and the local users of the operational surfaces. (B) All labor required for the setup, erection, cordoning, blocking, rerouting, teardown, fencing, or other activities to prepare the premises for the event shall be provided by permittee and at permittee’s expense. In the event permittee wishes to contract with the airport for any of these services, the same shall be done by separate written agreement following the provision of an estimate for the same. Any charges resulting from said written agreement will provide for the reimbursement to the airport of its actual costs to provide the services. Provision of these services by the airport is discretionary, and is subject to the permittee providing the airport with sufficient advance notice so as to allow for planning to avoid undue hardship or excessive overtime costs. (C) The permittee shall not cut any trees on the property without the prior approval of the Airport Manager, and shall take all reasonable precautions to prevent and suppress forest, brush and grass fire; to prevent the pollution of any water on or in 4 the vicinity of the land; and to provide for the protection of game birds or animals and or domesticated animals known to frequent the areas of occupation. In addition, the permittee shall return the used site to the condition of that area prior to the event. This will include collection and removal of all litter, dismantling of all use structures, fences, portable toilets and other items connected with the event. Any vegetation disturbed during the use (i.e. turf) shall be returned to original condition. This will include seeding, fertilizing, watering, grooming and any other means necessary to return the vegetation to a condition that equals or betters its pre-event state. Also any pavement breakdown due to this use will be brought back to pre use standard. (D) Any and all airport surfaces used by the permittee shall be returned to the airport in a condition at least as good as before the event. Where any vegetation has been disturbed, permittee shall restore the same using appropriate landscaping practices, including the application of topsoil, fertilizer, seeding and watering, to ensure proper repair or restoration. The airport shall remain responsible for maintaining in the operational surfaces of the airport during the term of the use agreement; the responsibility for checking and grooming all non-operational surfaces shall be permittees. (E) Permittee shall not alter any airport surface or facility without the prior written approval of the Airport Manager. Airport may, in airport’s discretion, agree to share in the costs of any such improvements deemed by airport to be appropriate and of general benefit to the airport or its users. 5. Assignment/Subletting - (A) Assignment - This use agreement may not be assigned by the permittee. (B) Subleases to vendors - The permittee may sublet any portion of the premises to a subtenant or subtenants solely for the purposes of exhibition or vendor use at the event provided: 1. That the use to be made of the premises is consistent with other business purposes at the airport and state and local law. 2. The subletting is done in accordance with City of Arlington and Federal Aviation Administration guidelines concerning fair and open solicitation and nondiscrimination. When permittee negotiates or enters into an agreement for a vendor to be an exclusive provider of goods or services at the event permittee may be required to demonstrate that the process was open to local providers of the good(s) or service(s), and that the selection was fair and nondiscriminatory. (C) Insurance and other requirements of vendors - all vendors selected by permittee must carry and maintain commercial general liability insurance in a company for companies rated in the current edition of Best’s General Ratings as at least A (excellent), and Financial Size Category of not less than Class X, or in such other company or companies not so rated which may be acceptable to airport, insuring permittee against all claims for damages for personal injury, including death, and against all claims for damage and destruction of property, which may arise by the acts or negligence of the permittee, its agents, employees or servants, or by any means of transportation whatsoever including owned, non-owned and hired automobiles, to the extent of at least One Million dollars ($1,000,000.00) combined single limit. Airport shall be named in all such policies as an additional insured, and a true copy of such insurance policy or policies or a certificate of insurance acceptable to the airport shall be furnished to airport upon request. Vendors must also meet all health, safety, mobile fuel vending regulations, and fire inspection requirements of local, state and federal authorities. Permittee shall provide to airport each year a list of vendors and their addresses within fourteen (14) days after the end of the event. If food or nonalcoholic beverages are sold or served at the event, the policy must also include an endorsement for products liability. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement of host liquor liability. The Airport Manager may require additional endorsements depending upon the proposed activity. 5 6. Safety - The permittee will take all reasonable steps to ensure and support safe flying conditions in and around the airfield. This will include, but not be limited to, briefing all participants on observing safe practices around the airfield, staying away from the active runway, taxiways and aircraft parking areas and respecting an aircraft’s right-of-way at all times. The permittee’s representative shall meet with the Airport Manager as necessary for safety briefings on the airfield situation. Additionally, to facilitate the above items, an airport site visit or orientation tour is highly recommended. As discussed and agreed upon the permittee shall utilize the area as depicted on the attached site map. 7. Area of Usage - As discussed and agreed upon the permittee’s event shall utilize the area as depicted on the attached site map. 8. Accidents/Indemnity - THE UNDERSIGNED has personally inspected the premises and is informed as to all risks which may be associated with the planned activities on the premises above described. Being fully informed as to the risks and in consideration of being given the privilege to utilize the property, I, on behalf of myself and my heirs, agree to assume all risks in connection with my use of the property and I further agree to hold harmless the City of Arlington, its elected and appointed officials, employees and volunteers, for any injury or damages which may occur to me while I am on the property. I further agree to hold harmless, defend and indemnify the City of Arlington, its elected and appointed officials, employees and volunteers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by Applicant in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City. 9. Utilities - The permittee hereby covenants and agrees to pay all charges for heat, light, water and sewer, and for all other public utilities which shall be used in or charged against the event during the full term of this use agreement. Permittee shall at its cost construct and keep in repair a suitable septic tank or other lawful sewage system, in accordance with Snohomish County Health and Sanitary Regulations. Any permits therefor which may be required shall be secured by permittee at permittee’s expense prior to installation. 10. Munitions - The permittee understands that permission to use the airport land does not grant permission to use any type of munitions, smoke, pyrotechnics, chemical training agent, gas, or explosive training devices to include blank rifle ammunition. Permission to use such devices will be given separately and is always subject to immediate verbal revocation by the Airport Manager or his representatives. If the permittee desire to use such devices, he must specify in writing at lease six months in advance to the Airport Manager or his representative the following: type, smoke and noise producing effects, persistency of smoke, pyrotechnics the intended use site and the time of use. Further, permittee shall obtain approval from the Puget Sound Air Pollution Control agency at lease one month prior to use. A copy of said approval shall be given to the Airport Manager. Further, permittee must guarantee that all such devices or their residue will be removed from the airfield and safely disposed of prior to his departure. The Airport Manager reserves the right to approve in part or in entirety or deny completely the use of such devices. Additionally, the presence of weapons, whether real or fake, requires the written permission of 6 the Airport Manager. In such case the only weapons loaded with live ammunition will be those used by the Arlington Police Department. The permittee shall inform the local law enforcement officers to include the Arlington City Police Chief, Snohomish County Sheriff and the local Washington State Patrol office of the number and type of weapons to be used at lease four weeks in advance. 11. Usage - The permittee shall conduct and carry on in said premises only the business usage for which said premises are to be used, and shall not use the premises for illegal purposes. The permittee will cooperate with and notify the responsible enforcement agency of any illegal or unlawful activity which becomes known during the period of occupancy. 12. Access - The permittee will allow the Airport Manager or his/her representative free access at all times to said premises for the purpose of inspection. Nothing herein shall be constructed as in anyway limiting the authority of the airport/city building official under existing law. 13. Notice - All notices and consents hereunder shall be given in writing, delivered in person or mailed by certified mail, postage pre-paid, to the receiving party at its address, or to such other address as the receiving party may notify the sender beforehand referring to its use agreement. 14. Governmental Fees - All fees due under applicable law to the city, county or state on account of any legal inspection made on premises by any officer thereof, shall be paid by permittee. 15. Liens and Insolvency - Permittee shall keep the property in which the use agreement is exercised free from any liens arising out of any work performed, materials furnished or obligations incurred by permittee. If the permittee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the permittee the airport may cancel this use agreement at airport’s option. 16. Default and Re-entry - If any fees above reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if the permittee shall violate or default in any of the covenants and agreements therein contained, then the airport may cancel this use agreement and re-enter said premises. 17. Cost and Attorney’s Fees - If by reason of any default on the part of either party, litigation is commenced to enforce any provision of this use agreement or to recover for breach of any provision of this use agreement the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees in such amount as is fixed by the court, and all costs and expenses incurred by reason of the breach or default by the other under this use agreement. 18. Non Waiver of Breach - The failure of either party to insist upon strict performance of any of the covenants and agreements of this use agreement or to exercise any option herein conferred in anyone or more instance, shall not be construed to be a waiver or relinquishment of any such strict performance or of the exercise of such option, or any other covenants or agreements but the same shall be and remain in full force and effect. 19. Restrictions and Consents - This use agreement shall be and is subject to all the terms, covenants, restrictions, reservations and agreements contained in that certain Quit Claim Deed 7 dated February 25, 1959, by the United States of America to Town of Arlington, recorded in Snohomish County, Washington, on August 20, 1959, in Volume 690 of Deeds, pages 38 through 46, under Auditor’s File No. 1356180, records of said county, including the written consent of the Federal Aviation Agency if the leased premises are to be used for other than airport purposes. Under the requirements imposed upon airport as recipient of Federal Aid Airport Program Grant Funds, the parties agree as follows: (A) Permittee covenants that it will not, in its operation at the Arlington Airport, on the basis of race, color, creed, or national origin, discriminate or permit discrimination against any person or group of persons in any manner prohibited by parts 15 and 21 of the Federal Aviation Regulations (49 CFR), and in that the airport has the right to take such action as the United States government may direct to enforce this covenant. (B) With respect to any aeronautical services, permittee agrees: 1) to furnish said aeronautical service on a fair, equal, and not unjustly discriminatory basis to all users thereof, and 2) to charge fair, reasonable and not unjustly discriminatory prices for each unit of service, provided, that the permittee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers. 20. Nondiscrimination - The permittee for himself/herself, his/her heirs, personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained or otherwise operated on the said property described in this use agreement for a purpose for which a Department of Transportation or activity is extended or for another purpose involving the provision of similar services or benefits, the tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. The permittee, for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (A) no person on the grounds of race, color or national origin shall be excluded from the participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, or (B) that in the construction of any improvements in, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (C) that the permittee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended (D)that in the event of breach of any of the above nondiscrimination covenants, the landlord shall have the right to terminate this use agreement and to re-enter and repossess said land and facilities thereon, and hold the same as if said use agreement had never been made or issued. 21. Hazardous Wastes - The permittee shall not permit dangerous wastes, hazardous wastes, or extremely hazardous wastes as defined by RCW 70.105.010 et seg. to exist on the premises and shall, at permittee’s sole expense, undertake to comply with all rules, regulations, and policies of 8 the Washington State Department of Ecology and the United States Environmental Protection Agency. Permittee shall promptly notify the City Fire Department of the existence of dangerous wastes, hazardous wastes, or extremely hazardous wastes as required by state and federal regulations. Permittee shall comply with any provisions of the local hazardous waste plan as now in existence or hereinafter enacted. Permittee shall comply with any requirements for hazardous waste disposal as may be imposed by RCW 70.105B. 030 and the State Department of Ecology. 22. Venue - The venue of any suit which may be brought by either party under the terms of this use agreement or growing out of the tenancy under this use agreement shall at the option of the airport be in court or courts in Snohomish County, Washington. 23. Public Policy - The City of Arlington reserves the right to suspend this land use agreement at any time for legitimate public safety. 24. Obligations - The airport shall notify the permittee of any security, maintenance or other requirements necessary to the safe and orderly conduct of the event prior to the event. The permittee shall apply security, maintenance or other requirements during the event. Regarding requests for airport service(s) only a principle officer of the permittee can request service(s) from the city/airport. Once service(s) have been requested by the permittee from the city/airport the permittee is required to pay for service(s). The airport shall provide a cost estimate and timeline to complete the service(s). This estimate shall also include whether the city/airport can complete the service(s) within the outlined time frame. In the event of only partial clean-up, teardown, site restoration or application of agreed to services by the permittee, the city/airport shall apply the current billing rate for city/airport services to remedy any of the above and bring the site back to pre-event status. No intoxicating venues, beverages or drug usage shall be allowed on the permittee event site. __________________________________ ____________________________________ Signature of Permittee David Ryan, Airport Director Arlington Municipal Airport Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 TO: Arlington City Council FROM: David Ryan DATE: April 29th, 2016 SUBJECT: Event Processes / Fly-In City Council: As you are well aware, we have spent the greater part of my time here working together on processes and policy. In an effort to continue that work, I am proposing to change the Arlington Fly-In to the same process used in all other City and airport events. Whether it’s the “Show and Shine” downtown or “Three on Three” basketball event at the airport, all use the Event Permit process. This process ensures that all City departments are advised of the event, have a chance to comment on, and are able to place any restrictions or provisions in the Event Permit. For some of these events the Airport or City may charge a land use fee, for others this fee is waived. (Generally on basis of the benefit brought to the City by the event or by state or federal regulations.) The Arlington Fly-In has typically had a lease for the event. Where and when this started, I don’t know, but ever since I’ve been here I wondered why the Fly-in was charged for an event that brought so much revenue and interest to our community and airport? Having begun the Fly-in at Friday Harbor and running it for 5 years (with no land use charges), and before that at the City of Tulsa (with no land use charges) I have been involved in the fly-in planning process. Out of curiosity, I contacted the management at Whitman Field, Oshkosh, Wisconsin, site of the nation’s largest fly-in and the management at Lakeland, Florida (home of “Sun-N-Fun) the second largest fly-in event, and asked if the City or county charged a fee to the sponsor of the event. The answer was that they did not. The Experimental Aircraft Association (EAA) is the sponsor for both of these events and are a non-profit organization that fall under 501 3-C. I propose changing from a lease format to the same Event Permit process that all other events use. I also propose not charging a fee for the use of airport land for this event. I propose these changes for several reasons. The most important are that this event brings Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 in a lot more visitor dollars than we charge for the land (Approx. $6,300.00 for land use). State and federal regulations permit this use (see below.). The Arlington Fly-In (like the EAA) is a 501 3C non-profit organization. Money saved by the Arlington Fly-in could be used to promote the event, bring more aircraft and in general, improve the event and attendance. It allows any based fuel vendor or FBO to do business at the event. And, it brings the event into the same process that is used for all other City Events. Some of the criteria required for the use of this land without charge are spelled out below and are included in RCW 14.08.120 (9), The Federal Register (Vol. 64 No. 30) and The Airport Compliance Handbook (FAA 5190-6b). All documents reflect basically the same requirements and language. 1. RCW 14.08.120 (9) a. The lease or license of the subject property enhances public acceptance of the airport in a community in the immediate area of the airport; b. The subject property is put to a desired public recreational or other community use by the community in the immediate area of the airport; c. The desired community use and the community goodwill that would be generated by such community use serves the business interest of the airport in ways that can be articulated and demonstrated; d. The desired community use does not adversely affect the capacity, security, safety, or operations of the airport; e. At the time the community use is contemplated, the subject property is not reasonably expected to be used by an aeronautical tenant or otherwise be needed for airport operations in the foreseeable future; f. At the time the community use is contemplated, the subject property would not reasonably be expected to produce more than de minimis revenue. g. The proposed agreement does not preclude reuse of the subject property for airport purposes if, in the opinion of the Commission, reuse of the subject property would provide greater benefits to the airport than continuation of the community use; h. The Commission ensures that airport revenue does not support the capital or operating costs associated with the community use; i. The proposed agreement is not to a for-profit organization or for the benefit of private individuals; Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 j. The proposed agreement is not for a period that exceeds ten years; and k. The proposed agreement is subject to the requirement that if the term of the lease exceeds one year, then a lease or other contract obligations must be secured by rental insurance, bond, or other security satisfactory to the Commission in an amount equal to at least one year's rent, or as otherwise determined by the Commission for good cause. 2. The Airport finds that the proposed use by the Arlington Fly-In enhances the public acceptance of the airport and serves the airport's business interests in a number of ways, including, but not limited to the following: a. The Fly-In provides a significant increase in revenues to the local economy and airport through lodging, food, merchandise and fuel sales. b. The Fly-In outreach materials include the Arlington Airport in all advertising and promotional materials, including print ads, brochures, posters and flyers. c. The Fly-In creates substantial public interest through media coverage, word of mouth, and through the participants in showcasing the Arlington Airport as a center for education, recreation and industry. d. The Fly-in provides an example to the community of employment opportunities at the airport including interest in aerospace manufacturing, aircraft maintenance, professional pilot training and other trades and careers that are directly or indirectly associated with aviation. e. The Arlington Fly-In provides numerous educational opportunities through the FAA WINGS program, training seminars, scholarships and aircraft maintenance training opportunities. f. The Arlington Fly-In provides free admission to youth in the area and visiting on all three days of the program promoting community goodwill. g. The Arlington Fly-In provides volunteer labor to all aspects of set-up, tear- down and operation of the event. h. The benefit to the Airport provided by the Arlington Fly-In more than exceeds the revenues being waived by the City. i. The Arlington Fly-In is a 501-3C non-profit aviation organization that promotes all aspects of aviation. All insurance requirements and other protections to the City are included in the Event Permit process. SPECIAL EVENT PERMIT City of Arlington 238 N Olympic, Arlington WA 98223 Phone 360-403-3448, Fax 360-403-4605 APPLICANT INFORMATION Name of Applicant/Organization: __________________________________________________ Contact Person: ________________________________________________________________ Phone: ____________________________ Cell phone: _________________________________ Mailing address:_________________________________City_______________Zip______ Email address:______________________________Fax:________________________________ Event on site contact person:______________________Cell phone:_______________________ EVENT INFORMATION Event Name______________________________________________Event Date____________ Type of activity planned (describe event): Is this an event involving political or religious activity intended primarily for the communication or expression of ideas? YES ___ NO ____ Date(s) of proposed event:________________________________________________________ Has this event occurred in the past?______________Public or Private Event?_______________ Hours of operation: _____________________________________________________________ Set-up Date/Time: _______________________ Dismantling Date/Time: ___________________ Number of Staff/Volunteers:_______________ Estimated number of participants: ___________ Event Location (describe area to be used, attach map/route plan): Does the event require painting on City streets, sidewalks or paths (only non-permanent paint is allowed) yes/no ______________ Property owner and phone number:_________________________________________________ Public property requested to be used, if any (parks, streets, airport, etc): ______________________________________________________________________________ Type and amount of noise that may be generated:______________________________________ Amount of traffic that will be generated and special provisions to be used to manage it: ______________________________________________________________________________ Describe measures used to manage and clean up litter: ______________________________________________________________________________ Describe measures to be used to provide adequate sanitation facilities: ______________________________________________________________________________ Describe how emergency service access will be accommodated: ______________________________________________________________________________ ATTACH COPIES OF BROCHURES, POSTERS, BANNER DESIGNS, FLYERS, OR Received _________ MAILINGS ADVERTISING THIS EVENT CITY SERVICES REQUESTED: ___Street Barricades/Blocked Must submit site plan ___Signs (No parking or other) Must submit site plan ___Street Cleared prior to event Must Submit site plan ___Restrooms Open Location:____________ ___Water Supply Location:____________Purpose:_________ ___Power Supply Location:____________Purpose:_________ ___Police Assistance What type:___________________________ ___Banner Hanging (Must be pre-approved design) Location:___________Size:_____________ ___Other (describe)_____________________________________________________________ ___ Other (describe)_____________________________________________________________ INSURANCE – The City does not maintain insurance that will respond to claims against the applicant arising out of the use of facilities by the applicant, its members, or those attending the event. Depending on the type of event you are planning, and the activity and risk level of your group, you may be required to obtain bodily injury and property damages liability insurance in accordance with city policy, name the City as an additional insured on the policy, and be responsible for obtaining said insurance. Events on public property require insurance. The City will determine whether you must obtain liability insurance. AGREEMENT –Participants shall defend, indemnify and hold harmless The City, its agents, employees and officials, while acting within the scope of their duties, from all causes of action, demands and claims, including the cost of their defense, arising in favor of the organization, the organization’s employees or third parties on account of personal injuries, bodily injuries, death, or damage to property arising out of the acts or omissions of the organization, its employees or representatives, concessionaires of the event or any other person or entity, except for liability caused due to the sole negligence of the city. DATE: _______________________________________________________________________ SIGNATURE OF APPLICANT: ___________________________________________________ ORGANIZATION/TITLE:________________________________________________________ (FOR OFFICIAL USE ONLY) APPROVED BY: _____Executive Dept. _____Engineering Dept. ____Utilities Dept. _____Police Dept. _____Parks Dept. ____Street Dept _____Fire Dept. _____Airport Dept. _____Building Dept. _____Facilities Dept. PERMIT DETAINED FOR THE FOLLOWING REASONS: APPROVAL UNDER THE FOLLOWING CONDITIONS: CITY REPRESENTATIVE:__________________________DATE:_______________________