HomeMy WebLinkAbout06-20-2016 Council Meeting
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert - Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Debora Nelson
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Presentation to Dr. Kris McDuffy
Mayor Barb Tolbert
SWEARING IN
Paramedic Gregg Haddick
Mayor Barb Tolbert – City Attorney Steve Peiffle
PROCLAMATIONS
PUBLIC COMMENT
For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Debora Nelson
1. Minutes of the June 6 and June 13, 2016 Council Meetings ATTACHMENT A
2. Accounts Payable
PUBLIC HEARING
NEW BUSINESS
1. Proposed Assistant City Administrator position ATTACHMENT B
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Debora Nelson
Arlington City Council Meeting
Monday, June 20, 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.
2. Interlocal Agreement with Arlington School District for the ATTACHMENT C
Advanced Manufacturing Training Education Center
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Debora Nelson
3. Reappointments to Library & Cemetery Boards ATTACHMENT D
Staff Presentation: Kristin Banfield
Council Liaison: Marilyn Oertle/Sue Weiss
4. Cemetery Package Pricing ATTACHMENT E
Staff Presentation: Jim Kelly
Council Liaison: Sue Weiss
5. Ordinance Adopting a Mutual Benefit Agreement Process to the ATTACHMENT F
City’s Airport Regulations
Staff Presentation: Paul Ellis/Steve Peiffle
Council Liaison: Mayor Pro Tem Debora Nelson
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
To open all attachments, click here
DRAFT
Page 1 of 4
Council Chambers
110 East Third
June 6, 2016
Council Members Present: Mike Hopson, Jan Schuette, Chris Raezer, Sue Weiss, Jesica Stickles, and
Marilyn Oertle
Council Members Absent: Debora Nelson (excused)
City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Jim Kelly, Eric Scott, Kris
Wallace, Terry Quintrall, Jonathan Ventura, Bruce Stedman, Kyle Strand, Peter Barrett, Seth Kinney, Tim
Mensonides, Lorene Parker, Karen Composano, Stephanie Shook, Maxine Jenft, Mike Sargent, Wendy
Van Der Meersche, Dan Cone, and City Attorney Steve Peiffle.
Also Known to be Present: Kirk Boxleitner, Sarah Arney, Mike Britt, Susan Stedman, Lianne Strand,
Danielle Barrett, Stacie Ventura, Mikayla Ventura, Thomas Ventura, Sgt. David Johnson, Chief Dan
Templemann, Jennifer Smith, Vikki McMurray.
Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed.
APPROVAL OF THE AGENDA
Chris Raezer moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a
unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
Mayor Tolbert introduced Jennifer Smith, who led a group of business and community volunteers that
cleaned up the Smokey Point area Saturday, May 14th. Key organizers were presented with certificates of
appreciation.
Mayor Tolbert then introduced Vikki McMurray, who led a group of volunteers to clean up graffiti in the
area. Those participants were presented with certificates of appreciation, as well.
SWEARING IN
Deputy Police Chief Jonathan Ventura introduced new police officer Kyle Strand. Kyle was sworn in by
City Attorney Steve Peiffle. Kyle’s badge was pinned by his wife, Lianne.
Jonathan Ventura then introduced Peter Barrett in his new position as police sergeant. Fire Chief Bruce
Stedman also spoke. Peter was sworn in by City Attorney Steve Peiffle. Peter’s badge was pinned by
his wife, Danielle.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting June 6, 2016
Page 2 of 4
Jonathan Ventura then introduced Terry Quintrall, who is retiring from commissioned law enforcement
with the Arlington Police Department after almost 24 years of service. Terry will continue to share his
expertise with the City as he has started a civilian position with the department as Police Service
Manager. Jonathan presented Terry with a retired commander badge from the highest rank he held in the
department.
PROCLAMATIONS
Councilmember Jan Schuette read the proclamation declaring June 2016 as General Aviation Month in
the City of Arlington.
PUBLIC COMMENT
There was no one in the audience who wished to speak.
CONSENT AGENDA
Chris Raezer moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1. Minutes of the May 16 and May 23, 2016 council meetings
2. Bank of America
Accounts Payable: EFT Payments and Claim Check #87283 dated May 17, 2016 through June 6,
2016 for $291,569.93. EFT Payments and Payroll Checks #28644 through #28670 dated May 1,
2016 through May 31, 2016 for $1,287,447.09.
Opus Bank
Accounts Payable: EFT Payments and Claim Checks #88500 through #88628 dated May 17,
2016 through June 6, 2016 for $422,647.30.
3. Bid Awards for 2016 Striping and Thermoplastics
4. Master Service Agreement for O’Neill Service Group for Development Reviews
PUBLIC HEARING
None
NEW BUSINESS
Employment Agreement for Police Chief
City Administrator Paul Ellis requested council approve the employment agreement with Jonathan
Ventura to serve as police chief in accordance with AMC 2.32.030. Discussion followed with Paul
answering council questions.
Chris Raezer moved and Jesica Stickles seconded the motion to approve the employment agreement for
Jonathan Ventura to serve as Police Chief. The motion was approved by a unanimous vote.
SWEARING IN
Mayor Tolbert requested that Jonathan Ventura be sworn in after the motion instead of waiting until the
end of New Business. He was sworn in as police chief by City Attorney Steve Peiffle. Jonathan’s badge
was pinned by his wife, Stacie.
Mayor Tolbert then recognized Bruce Stedman for his service as Public Safety Director and thanked him,
presenting him with a shadow box with police and fire memorabilia.
Minutes of the City of Arlington City Council Meeting June 6, 2016
Page 3 of 4
Award of Contract for Comprehensive Salary Survey
Paul Ellis spoke requested that council approve a contract for comprehensive salary survey to McGrath
Human Resources Group. Brief discussion followed.
Chris Raezer moved and Sue Weiss seconded the motion to approve the contract with McGrath Human
Resources Group and authorized the Mayor to sign the contract. The motion was approved by a
unanimous vote.
Acceptance of FAA Grant Award for Design of Taxiway Charlie Lighting
Airport Operations Coordinator Tim Mensonides requested that council approve a grant acceptance for
the Taxiway Charlie Lighting Project.
Chris Raezer moved and Jan Schuette seconded the motion to approve:
1. The FAA Grant Offer and authorized the Mayor to sign it, subject to final review by the City Attorney.
2. If the Airport is awarded a WSDOT Grant offer for the Taxiway Charlie project, authorized the
Mayor and City Staff to sign them and any other documentation pertaining to the grants, subject
to final review by the City Attorney.
3. A contract with WHPacific for design engineering and bidding services for the Taxiway Charlie Lighting
Project for an amount not to exceed $126,229, and authorized the Mayor to sign the contract and any
other documentation pertaining to the project, subject to final review by the City Attorney.
All three items were approved by a unanimous vote.
Bid Award for 2016 Water Improvement Project
Public Works Director Jim Kelly requested that council award the 2016 Water Improvement Project to
Reece Construction.
Mike Hopson moved and Chris Raezer seconded the motion to award the 2016 Water Improvement
Project to Reece Construction and authorized the Mayor to sign the Construction Contract, pending
review by the City Attorney. The motion was approved by a unanimous vote.
Bid Award for 2016 Pavement Preservation Project
Eric Scott stated that the 2016 Pavement Preservation Project was recently advertised for construction,
and bids were opened on Tuesday, May 24. He requested that council award the 2016 Pavement
Preservation Project to apparent low bidder, Cemex.
Mike Hopson moved and Marilyn Oertle seconded the motion to award the 2016 Pavement Preservation
Project to Cemex and authorize the Mayor to sign the Construction Contract, pending review by the City
Attorney. The motion was approved by a unanimous vote.
Contract with Brown/Caldwell for development of New Water Source (water well)
Public Works Director Jim Kelly requested that council approve the contract with Brown & Caldwell’s
scope of work and fee for development of a new water source. Brief discussion followed.
Mike Hopson moved and Chris Raezer seconded the motion to approve the Brown & Caldwell scope of
work and fee of $250,000 for development of a New Water Source and authorize the Mayor to sign the
contract, pending review by the City Attorney. The motion was approved by a unanimous vote.
Minutes of the City of Arlington City Council Meeting June 6, 2016
Page 4 of 4
Addendum No.1 to Construction Inspection Contract with Perteet
Jim Kelly requested that council accept Supplement No. 1 to the Perteet, Inc. contract for additional 2016
on-call construction inspection services. Brief discussion followed.
Mike Hopson moved and Sue Weiss seconded the motion to accept Supplement No. 1 to the Perteet, Inc.
Contract for additional 2016 On-Call Construction Inspection Services and authorize the mayor to sign the
supplement, pending final approval by the City Attorney.
ADMINISTRATOR & STAFF REPORTS
Paul Ellis spoke about staff participating in Cascadia Rising, an earthquake simulation, taking place
Wednesday, June 8, from 9 am to 1 pm, where the Emergency Operations Center (EOC) will be set up in
Council Chambers.
COUNCIL MEMBER REPORTS
Marilyn Oertle, Jesica Stickles, Sue Weiss, Jan Schuette, and Mike Hopson gave brief reports, while
Chris Raezer had nothing to report at this time.
MAYOR’S REPORT
Mayor Tolbert spoke briefly about the Snohomish County Public Safety and Human Services Alliance
meeting she attended last Friday.
EXECUTIVE SESSION
City Attorney announced that there would be not be a need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:05 p.m.
____________________________
Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
June 13, 2016
Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss,
Jesica Stickles, and Marilyn Oertle
Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Bryan Terry, Sheri Amundson, Jim
Kelly, Jonathan Ventura, Dave Ryan, Kris Wallace, Deana Dean, and City Attorney Steve Peiffle.
Council Members Absent:
Also Known to be Present: Maxine Jenft, Bob Nelson, Cristy Brubaker, Craig Christensen, Terry
Marsh, and Sarah Arney
Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed.
Councilmember Nelson moved to approve the agenda. Councilmember Stickles motion to amend the
agenda by moving item number five to item number three. Councilmember Raezer seconded the
amended motion, which passed with a unanimous vote.
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
SharePoint/Internet Safety Training
Information Technology Manager Bryan Terry provided internet safety and SharePoint user training via
PowerPoint presentation. Council questions followed.
Proposed Assistant City Administrator position
City Administrator Paul Ellis spoke to council regarding the need to re-create the Assistant City
Administrator position. Discussion followed.
Council Priorities for Lodging Tax Grant Awards
Assistant Finance Director Sheri Amundson spoke regarding council priorities for lodging tax and
requested each councilmember indicate on the form provided what he/she believes to be the highest to
least priority for use of lodging tax dollars. Brief discussion followed.
Mayor Tolbert recused herself from the next agenda item. Mayor Pro Tem Debora Nelson called the next
item of business.
Ordinance Adopting a Mutual Benefit Agreement Process to the City’s Airport Regulations
Paul Ellis and City Attorney Steve Peiffle spoke the proposed ordinance regarding the City’s airport
regulations which will align the process for special events at the airport. Discussion followed.
Mayor Tolbert resumed the meeting.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop DRAFT June 13, 2016
Page 2 of 2
Interlocal Agreement with Arlington School District for the Advanced Manufacturing Training
Education Center
Paul Ellis spoke regarding the proposed Interlocal agreement with Arlington School District which outlines
the electrical equipment improvements that need to be made at Weston High School for the AMTEC
North program. Discussion followed with City Attorney Steve Peiffle, Mayor Tolbert, and Paul Ellis
answering council questions.
Reappointments to Library & Cemetery Boards
Communications Manager & City Clerk Kristin Banfield requested council confirm the reappointments of
Dawn Boyden to the Library Board and Skip Smith and Maxine Jenft to the Cemetery Board. Ms. Boyden,
Ms. Smith and Ms. Jenft have requested to be reappointed to the boards on which they currently serve.
Cemetery Package Pricing
Public Works Director Jim Kelly reviewed the two proposed cemetery packages as part of the cemetery
marketing plan and provided brochures to council. These packages would incorporate a 10% off of the
list price as an incentive to purchase items all at the same time. These packages would not adjust either
the ground cost or the endowment fee. Discussion followed.
Miscellaneous Council Items
Councilmember Nelson spoke on behalf of DABA and requested approval to hang the Merry C. Anderson
Award Plaque in Council Chamber which all members approved.
Councilmember Schuette reminded Council of the Chamber meeting on Tuesday and the EASC Speaker
Series meeting on Thursday.
Public Comment
Cristy Brubaker requested clarification on the proposed ordinance adopting a mutual benefit agreement at
the airport and non-aviation events.
Executive Session
An executive session was held relating to discussion of pending or potential litigation [RCW
42.30.110(1)(i)] estimating to take 10 minutes.
8:28:50 Council in recess.
8:40:36 Council reconvened.
Adjournment
The meeting was adjourned at 8:41 p.m.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
B
COUNCIL MEETING DATE:
June 20, 2016
SUBJECT:
Proposed Assistant City Administrator position
ATTACHMENTS:
Draft job description
DEPARTMENT OF ORIGIN
Administration – Paul Ellis
EXPENDITURES REQUESTED:
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
Council is asked to authorize the creation of an Assistant City Administrator position for the City.
HISTORY:
The City previously created the position of Assistant City Administrator in 1998 and eliminated
the position in 2014 during a reorganization.
ALTERNATIVES
Remand to staff for further evaluation.
RECOMMENDED MOTION:
I move to approve the Assistant City Administrator position and include it in the City’s salary
schedule.
Last Updated: ______
Approved: _____
CITY OF ARLINGTON JOB DESCRIPTION
Title: Assistant City Administrator
FLSA: Exempt
Union: Non-Represented
Reports To: City Administrator
Job Summary:
Provides highly responsible professional assistance to the City Administrator in the management
of City operations, special projects, and the coordination of the City's internal and external
relationships.
Work is performed primarily indoors in an office environment utilizing standard office
equipment. Position requires the ability to travel to a variety of meeting locations both inside and
outside the City, and may include attendance at early morning and evening meetings.
Essential Job Functions:
Provide high level support to the City Administrator, Mayor, City Council, and all City
departments.
Serve as the City Human Resources Administrator.
Direct assigned staff and the function of the day to day operations.
Maintain good communications with the City Administrator
Direct and perform various administrative and management tasks as directed by the City
Administrator.
Manages labor relations activities, including acting as Chief negotiator: performs research
and preparation for collective bargaining meetings. Handles and/or participates in grievances
and interest arbitration hearings. Directly assists all departments in the resolution of
grievances and administration of collective bargaining agreements.
Represents the City in administrative hearings such as unemployment, industrial insurance,
and human rights. Investigates claims and prepares responses on behalf of the City.
May meet with a variety of civic and business leaders and community groups regarding their
concerns, program priorities and City services.
Attend a variety of meetings and conferences, serve on committees and administrative boards
and represent the City Administrator as directed.
Supervises and evaluates assigned staff.
Performs the duties of the City Administrator in when assigned.
Required Knowledge, Skills and Abilities
Knowledge of public administration, human resource, and municipal budget preparation
principles and practices.
Knowledge of pertinent federal, state and local laws, codes and ordinances including the
Arlington Municipal Code.
Ability to interpret and apply Federal, State and City policies, procedures, laws and
regulations relating to assigned activities.
Last Updated: ______
Approved: _____
Ability to develop, organize, and direct comprehensive City-wide goals, objectives, and
administrative operations and to provide oversight and direction to managerial staff.
Ability to analyze problems; identify alternative solutions, project consequences of proposed
actions and implement recommendations in support of goals.
Ability to understand the organization and operation of the City and of outside agencies as
necessary to assume assigned responsibility.
Ability to prepare and administer clear and concise reports and budgets.
Ability to communicate clearly and concisely, both orally and in writing.
Ability to establish and maintain effective working relationships with the City Council,
elected officials, government agencies, other employees, and the general public.
Requires visual and manual dexterity to operate standard office equipment. Requires
maintaining physical condition necessary for walking, sitting or standing for prolonged
periods of time.
Qualifications
U.S. Citizen or legally eligible to work in the United States.
Bachelor’s Degree in Public Administration or a closely-related field.
Two (2) years’ increasing responsible experience in public entity, municipality preferred.
Or any combination of education and experience which would provide the applicant with the
desired skills, knowledge and abilities required to perform the job.
Valid Washington Driver's License and a driving record acceptable to the City.
Successfully pass a WSP WATCH background check.
________________________________________________________________________
The statements contained herein reflect general details as necessary to describe the principal functions of
this job, the level of knowledge and skill typically required, and the scope of responsibility, but should
not be considered an all-inclusive listing of work requirements. Individuals may perform other duties as
assigned; including work in other functional areas to cover absences or relief; to equalize peak work
periods, or otherwise balance the workload.
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
C
COUNCIL MEETING DATE:
June 20, 2016
SUBJECT:
Interlocal Agreement with Arlington Public School District for Advanced Manufacturing
Training Education Center (AMTEC North)
ATTACHMENTS:
Interlocal Agreement
DEPARTMENT OF ORIGIN
Administration - Paul Ellis
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The attached Interlocal agreement between the City and Arlington Public Schools outlines the
obligations of each party with respect to electrical equipment improvements that need to be made
at Weston High School for the AMTEC North program to begin hosting classes at the campus.
AMTEC North is a mutually beneficial project for both the City of Arlington and the Arlington
Public School District that will provide access to specialized manufacturing training that supports
local businesses and the MIC creation.
HISTORY:
Arlington Public Schools leases the Weston High School property and buildings from the City
(Arlington Municipal Airport).
ALTERNATIVES
RECOMMENDED MOTION:
I move to approve the Interlocal Agreement with Arlington Public School District for Advanced
Manufacturing Training Education Center (AMTEC North) and authorize the Mayor to sign the
agreement.
1
INTERLOCAL AGREEMENT BETWEEN THE CITY OF ARLINGTON
AND ARLINGTON SCHOOL DISTRICT #16 CONCERNING IMPROVEMENTS TO
CITY PROPERTY LEASED BY THE DISTRICT
I. PARTIES
This Interlocal Agreement (hereinafter Agreement) is entered into pursuant to Chapter 39.34 RCW
(the Interlocal Cooperation Act) by the City of Arlington, a Washington Municipal Corporation
(hereinafter City), and Arlington School District #16, a political subdivision of the State of
Washington (hereinafter District).
II. PURPOSE AND RECITALS
2.1 The purpose of this agreement is to provide for the improvements needed to construct
facilities at the Weston High School property leased by the District from the City, which facilities
will support the location of instructional facilities to be used by Everett Community College for
instructional programs in support of manufacturing (AMTEC North). AMTEC North is a mutually
beneficial project for both the City of Arlington and the Arlington Public School District. It will
provide access to specialized manufacturing training that supports local businesses and the creation
of the Manufacturing and Industrial center. Arlington Public School students and local
manufacturing employees will have access to training that will lead to advancements in job
placement. A highly trained workforce is a key factor in the creation of sustainable advance
manufacturing which has been approved as a City Goal by the Arlington City Council.
2.2 The District intends to remodel and construct facilities at its Weston High School
campus to accommodate the AMTEC North programs. This construction will include restroom
facilities, interior walls, electrical and compressed air service to support the machining equipment to
be installed by AMTEC North.
III. APPLICABILITY AND AMENDMENTS
3.1 Applicability. This Agreement shall apply to the installation of electrical equipment
at District’s facilities leased from the City (the “improvements”), and otherwise as expressly set
forth herein.
3.2 Process for Amending this Agreement. An addendum or amendment to this
Agreement must be mutually agreed to by the parties and executed in writing before becoming
effective. Any addendum or amendment to the Agreement shall be executed in the same manner as
provided by law for the execution of this Agreement.
IV. OBLIGATIONS OF THE PARTIES.
2
4.1 Obligation of District. District shall contract, in accordance with all required public
works processes, for the improvements described on the attached Exhibit “A” to the property
commonly known as the “Weston High School” and shall in all respects administer said contract.
4.2 Obligation of the City. The City shall pay, in accordance with its customary
procedures, any invoice or invoices, for electrical upgrades to the Weston School Facility that
directly support the sublease with Everett Community College for AMTEC North. The electrical
improvements will not to exceed thirty thousand dollars ($30,000.00), to the District for
improvements made to the building on City property provided under this agreement, and in no event
later than 45 days after submission by the District to City of a bill for said services.
V. DISPUTE RESOLUTION
5.1 The City and District shall initially endeavor to resolve any disputes via agreement at
the staff level. If the staff cannot agree, the parties agree that the City Administrator and the School
District Superintendent shall meet and seek to resolve the disputes informally. If said persons
cannot informally resolve the dispute, the parties mutually agree to enter into mediation through an
agreed upon mediator and process, if agreement cannot be reached regarding interpretation or
implementation of any provision of this Agreement. The parties shall use the mediation process in
good faith to attempt to come to agreement early in the process, and prior to any appeals or litigation
which either might otherwise be entitled to bring.
VI. RELATIONSHIP TO EXISTING LAWS AND STATUTES
6.1 This Agreement in no way modifies or supersedes existing laws and statutes. In
meeting the commitments encompassed in this Agreement, all parties shall comply with the
requirements of the applicable federal, state or local law.
VII. EFFECTIVE DATE, DURATION AND TERMINATION
7.1 This Agreement shall become effective following the approval of the Agreement by
the official action of the governing bodies of each of the parties hereto and the signing of the
agreement by the duly authorized representative of each of the parties hereto.
7.2 This Agreement may be modified or terminated upon mutual agreement of the parties.
Any modification shall become effective thirty (30) days following written amendment to the
Agreement executed by both parties. Any amendments and termination shall be writing and
executed in the same manner as provided by law for the execution of this Agreement.
VIII. INDEMNIFICATION AND LIABILITY
8.1 The City shall protect, save harmless, indemnify, and defend, at its own expense,
3
District, its elected and appointed officials, officers, employees and agents, from any loss or claim
for damages of any nature whatsoever, arising out of the City's performance of this Agreement,
including claims by the City's employees or third parties, except for those damages solely caused by
the negligence or willful misconduct of District, its elected and appointed officials, officers,
employees or agents.
8.2 District shall protect, save harmless, indemnify, and defend at its own expense the
City, its elected and appointed officials, officers, employees and agents from any loss or claim for
damages of any nature whatsoever, arising out of District's performance of this Agreement,
including claims by District's employees or third parties' except for those damages solely caused by
the negligence or willful misconduct of the City, its elected and appointed officials, officers,
employees or agents.
8.3 In the event of liability for damages of any nature whatsoever arising out of the
performance of this Agreement by the City and District, including claims by the City's or District's
own officers, officials, employees, agents, volunteers, or third parties, caused by or resulting from
the concurrent negligence of District and the City, their officers, officials, employees and volunteers,
each party's liability hereunder shall only be to the extent of that party's negligence.
8.4 No liability shall be attached to the City or District by reason of entering into this
Agreement except as expressly provided herein.
IX. SEVERABILITY
9.1 Should a court of competent jurisdiction declare any clause, phrase, sentence or
paragraph of this Agreement invalid or void, the remaining provisions of this Agreement not so
declared shall remain in full force and effect.
X. EXERCISE OF RIGHTS OR REMEDIES
10.1 Failure of either party to exercise any rights or remedies under this Agreement shall
not be a waiver of any obligation by either party and shall not prevent either party from pursuing that
right at any future time.
XI. RECORDS
11.1 Both parties shall maintain adequate records to document obligations performed
under this Agreement. Both parties shall have the right to review the other party's records with
regard to the subject matter of this Agreement, upon reasonable notice.
XII. ENTIRE AGREEMENT
12.1 This Agreement constitutes the entire agreement between the parties with respect to
4
the installation of electrical facilities at the Weston High School building.
XIII. GOVERNING LAW AND STIPULATION OF VENUE
13.1 This Agreement shall be governed by the laws of the State of Washington. Any
action hereunder must be brought in the Superior court of Washington for Snohomish County.
XIV. CONTACTS FOR AGREEMENT
14.1 The contact persons for this Agreement are:
City Clerk Executive Director of Operations
City of Arlington Arlington Public School District No. 16
238 N. Olympic Avenue 315 N. French
Arlington, WA 98223 Arlington, WA 98223
IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the later date
indicated below.
DATED this _____ day of ________________, 20__.
CITY OF ARLINGTON ARLINGTON SCHOOL DISTRICT #16
By: By:
___________________________________ ___________________________________
Barbara Tolbert, Mayor
Date: ______________________ Date: ______________________
ATTEST: ATTEST:
___________________________________ ___________________________________
Kristin Banfield, City Clerk
5
Approved as to form:
Office of the City Attorney
____________________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
Item
NB #3
Attachment
D
COUNCIL MEETING DATE:
June 20, 2016
SUBJECT:
Library Board and Cemetery Board Reappointments
ATTACHMENTS:
Applications of Dawn Boyden, Skip Smith and Maxine Jenft
DEPARTMENT OF ORIGIN
Administration; Contact Kristin Banfield 360-403-3444
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Council is asked to confirm the reappointments of Dawn Boyden to the Library
Board and Skip Smith and Maxine Jenft to the Cemetery Board. Ms. Boyden, Ms.
Smith and Ms. Jenft have requested to be reappointed to the boards on which they
currently serve. The City has not received any additional applications to consider for
these boards.
HISTORY:
Dawn Boyden’s term will expire April 1, 2021. Ms. Smith’s term will expire April 1,
2020. Ms. Jenft’s term will expire April 1, 2020.
ALTERNATIVES
RECOMMENDED MOTION:
I move to confirm the reappointment of Dawn Boyden to the Library Board and Skip
Smith and Maxine Jenft to the Cemetery Board.
APPLICATION FOR BOARDS & COMMISSIONS
Name Dawn Boyden
Address*
Phone (home)Phone (work)
E-mail address
I am interested in serving on the following Boards and Commissions (check all that apply)
Airport Commission Civil Service Commission
Parks, Arts, and Recreation Commission Cemetery Board
Library Board Planning Commission
Lodging Tax Advisory Committee Citizens Salary Commission
Background/Experience/Interest
* Residency - Arlington (Eagle Ridge) since 1984.
* Friends of the Arlington Library - since 1997. Secretary during most of those years. Have stocked
books for book sales, worked at special event book sales, assisted with library elections calling to
encourage supporters to vote for the library, and assisted at children's programs in the library.
* Understanding of the challenges of the growing Arlington area and many of the demands placed
on our library. As our community grows and changes, the library is asked to provide more services
to patrons with a facility that was built before families owned personal computers.
* Teacher - Lake Stevens School District - since 1995
*Caring - My children grew up with this library as a place to do homework after school, attend
children's programs and used it as a source of entertainment and education through the many
books they checked out. As a graduate student, Sno-Isle provided books for my many areas of
research and provided technology classes to teach me how to use the latest equipment. The staff
has always been friendly and helpful. Being on the Library Board would allow me to give back to the
library in a more meaningful way.
Date:May 31, 2016
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
E
COUNCIL MEETING DATE:
June 20, 2016
SUBJECT:
Cemetery Package Pricing
ATTACHMENTS:
Two Package Pricing Brochures (Traditional and Cremation), Draft Resolution
DEPARTMENT OF ORIGIN
Cemetery – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
As part of the Cemetery marketing plan, staff is proposing to offer a discount for
purchasing burial related items as a package rather than separately.
HISTORY:
The Cemetery Board, along with staff, have been working on a marketing plan for the
Arlington Cemetery. The board felt that it would be beneficial to offer common burial
items as a package and discount the package pricing 10% off of the list price as an
incentive to purchase items all at the same time. Please note, neither the ground cost nor
the endowment fee were adjusted to arrive at this package pricing.
The attached two draft brochures highlight 15 available Traditional Burial Packages and
18 available Cremation Burial Packages.
ALTERNATIVES
RECOMMENDED MOTION:
I move to approve the resolution reflecting all cemetery pricing, including the proposed
packages, and authorize the Mayor to sign the resolution.
Companion Double Burial Packages
These packages provide one traditional burial and placement of an urn in a single lot. Package prices vary based on the type of vault selected.
All Traditional Double Burial Packages include: Traditional Burial Space Endowment Care Grave Opening & Closing 2nd Right of Inurnment Inurnment Opening & Closing Two Temporary Grave Markers 36” x 18” (Group 1) Companion Headstone Headstone Installation Final Inscription on Headstone One Traditional and One Urn Vault (see below options) Triune Traditional Double Burial Package: Traditional Double Burial Package, One Traditional Stainless Steel Triune Vault , and one Stainless Steel Triune Urn Vault List Price: $9,449.98 Package Price: $8,503.74 Venetian Traditional Double Burial Package: Traditional Double Burial Package, One Traditional Venetian Vault, and one Venetian Urn Vault List Price: $9,014.78 Package Price: $8,111.05 Monticello Traditional Double Burial Package: Traditional Double Burial Package, One Monticello or Salute Vault, and one Monticello Urn Vault List Price: $7,709.18 Package Price: $6,937.28 Basic Traditional Double Burial Package: Traditional Double Burial Package, One Standard Concrete Liner and One Standard Concrete Urn Liner List Price: $6,800.70 Package Price: $6,131.43 Coffin and urn are not included in this package.
Traditional Single Burial Packages Arlington Cemetery offers several packages for those seeking traditional burial. Traditional single burial packages vary in price based on the type of vault selected. For your convenience we are offering package price discounts when all items are purchased at the same time. All Traditional Single Burial packages include : Single Lot, Traditional Burial Space Endowment Care Grave Opening & Closing Temporary Grave Marker 32” x 20” (Group 1) Headstone Headstone Installation Vault (see below options) Triune Single Package: Single Burial Package & Stainless Steel Triune Vault List Price: $7,110.80 Package Price: $6,339.27 Venetian Single Package Single Burial Package & Venetian Vault List Price: $6,784.48 Package Price: $6,107.15 Monticello Single Package Single Burial Package & Monticello or Salute Vault List Price: $5,587.68 Package Price: $5,030.19 Basic Single Package Single Burial Package & Standard Concrete Liner List Price: $5,049.12 Package Price: $4,543.47 Coffin is not included in Traditional Single Burial Packages.
Traditional Double Burial Packages
These packages are provided for those who prefer to be buried along side a loved one in a traditional burial. These double burial packages vary in price based on the type of vault selected.
All Companion Double Burial Packages include: Two Traditional Burial Spaces Endowment Care Two Grave Openings & Closings Two Temporary Grave Markers 44” x 20” (Group 1) Companion Headstone Headstone Installation Two vaults (see below options) Triune Companion Package: Double Burial Package & 2 Stainless Steel Triune Vaults List Price: $13,101.82 Package Price: $11,795.45 Venetian Companion Package: Double Burial Package & 2 Venetian Vaults List Price: $12,783.42 Package Price: $11,504.73 Monticello Companion Package: Double Burial Package & 2 Monticello or Salute Vaults List Price: $10,389.82 Package Price: $9,356.64 Basic Double Package: Double Burial Package & 2 Standard Concrete Liners List Price: $9,312.70 Package Price: $8,380.36 Coffins are not included in these package packages.
Second Right Inurnment Packages
Second Right Inurnment Packages are offered to those who wish to place an urn in an existing grave site. Urn is not included in this package
All Second Right Inurnment Packages include: Second Right of Inurnment Endowment Care Inurnment Opening & Closing Temporary Grave Marker 24” x 17” (Group 1) Headstone Headstone Installation Urn Vault (see below options) Venetian 2nd Right Package Second Right Inurnment Package & Venetian Urn Vault List Price: $2,787.36 Package Price: $2,507.91 Monticello 2nd Right Package Second Right Inurnment Burial Package & Monticello or Salute Urn Vault List Price: $2,678.56 Package Price: $2,409.93 Basic Single Package Second Right Inurnment Burial Package & Standard Concrete Urn Liner List Price: $2,308.64 Package Price: $2,079.40
Arlington Cemetery Burial Packages
Urn Garden Burial Double Space, Side by Side
Prices vary based on vault or liner selection. All packages include:
Two Urn Garden Burial Spaces Endowment Care Two Inurnment Openings & Closings 36 x 18 Companion Headstone Headstone Installation Final Inscription on Headstone Headstone Re-Installation Two Vaults or Liners (see below options) *Urns are not included in these packages Triune Double Space Package Stainless Steel Triune Vaults List Price: $6,279.90 Package Price: $5,652.83 Venetian Double Space Package Venetian Urn Vaults List Price: $6,062.30 Package Price: $5,458.83 Monticello Double Space Package Monticello Urn Vaults List Price: $5,844.70 Package Price: $5,261.08 Basic Double Space Package Standard Concrete Urn Liners List Price: $5,104.86 Package Price: $4,592.18
Urn Garden Burial Single Space, Single Urn Prices vary based on vault or liner selection. All packages include: Urn Garden Burial Space Endowment Care Inurnment Opening & Closing Temporary Grave Marker 28” x 16” (Group 1) Headstone Headstone Installation Vault or Liner (See below options) *Urn is not included in these packages Triune Single Package Stainless Steel Triune Vault List Price: $3,252.56 Package Price: $2,926.75 Venetian Single Package Venetian Urn Vault List Price: $3,143.76 Package Price: $2,829.75 Monticello Single Package Montello Urn Vault List Price: $3,034.96 Package Price: $2,732.75 Basic Single Package Standard Concrete Urn Liner List Price: $2,665.04 Package Price: $2,398.15
Urn Garden Burial Single Space , Double Urn
Prices vary based on vault or liner selection. All packages include:
Urn Garden Burial Space Endowment Care Second Right of Inurnments Inurnment Opening & Closing Two Temporary Grave Markers 28” x 16” Companion Headstone Headstone Installation Vault (See below options) *Urns are not included in these packages Triune Single Package Stainless Steel Triune Vault List Price: $3,820.40 Package Price: $3,439.25 Venetian Single Package Venetian Vault List Price: $3,711.60 Package Price: $3,341.55 Monticello Single Package Monticello Vault List Price: $3,602.80 Package Price: $3,242.80 Basic Single Package Standard Concrete Urn Liner List Price: $3,232.88 Package Price: $2,909.20
Columbarium Inurnment
Single Niche, Single Urn Prices vary based on row selection. All Packages Include: Endowment Care, Niche Opening & Closing, Inscription—Single, Niche Vase Upper Rows Lower Rows List Price: $2,449.94 List Price: $2,256.74 Package Price: $2,203.74 Package Price: $2,031.82 Single Niche, Double Urn (Urns placed at separate times) Prices vary based on row selection. All packages include: Endowment Care, Second Rights of Niche Space, Two Niche Opening & Closings, Inscription—Double, Niche Vase Upper Rows Lower Rows List Price: $3,735.06 List Price: $3,541.86 Package Price: $3,363.12 Package Price: $3,188.75 Double Niche, Side by Side (Urns placed at separate times) Prices vary based on row selection. All packages include: Endowment Care, Two Niche Opening & Closings, 2 Inscriptions—Single, Two Niche Vases Upper Rows Lower Rows List Price: $4,899.87 List Price $4,513.47 Package Price: $4,407.48 Package Price: $4,063.64 *Urn not included in these packages
Arlington Cemetery Cremation Inurnment Packages
RESOLUTION NO. 2016-XXX 1
RESOLUTION NO. 2016-XXX
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING A
CEMETERY FEE SCHEDULE
WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain actions
and services; and,
WHEREAS, these various ordinances set forth that fees shall be set by resolution; and,
WHEREAS, the cost of providing these various services consistent with applicable codes,
regulations, and policies periodically increase or decrease, or certain services or practices are
discontinued and fees are no longer needed; and,
WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges that are
consistent with the services provided and to cover the public cost of providing these various services so
that the public is not subsidizing individual benefits derived therefrom;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON AS FOLLOWS:
The following rates, fees, and charges for cemetery services provided, actions performed, or items sold
by the city and/or its contract service providers, are hereby adopted:
Section 1. Fees and Charges—General.
1.1 Fees. Fees are intended to cover the normal, recurring costs associated with providing a
given service. Fees are non-refundable.
1.2 Prices. In some instances, the City provides certain goods and merchandise for sale. Prices
for these goods may be included in this resolution.
1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of
application) or occurs (e.g., prior to a specific action). An applicant may pay all fees of a
multi-phased project in advance; however, doing so does not vest applicable fees due.
Fees due are those in effect at the time the specific action or phase of an action is
requested or occurs.
Section 2. Cemetery Fees. Fees and prices for various services, actions, and merchandise for
cemetery use shall be as listed in Table 1: Cemetery Fees and Prices.
RESOLUTION NO. 2016-XXX 2
Table 1: Cemetery Fees and Prices
Product / Service / Action Fee ($)
Traditional Burial
Burial Lot 1,200.00
Burial Lot Endowment Fee 300.00
Opening & Closing (during business hours) 1,000.00
Opening & Closing (after business hours) 1,500.00
Concrete Grave Liner 800.00
Traditional Vaults
Wilbert Bronze 18,395.00
Bronze Triune 4,895.00
Copper Triune 4,695.00
Monticello / Salute 1,295.00
Continental 1,595.00
Venetian 2,395.00
Cameo Rose / SST Triune / Veteran 2,695.00
Wilbert Way Saturday Service fee 325.00
Urn Vaults
Bronze Triune 950.00
Copper Triune 950.00
Cameo Rose / SST Triune / Veteran 850.00
Venetian 750.00
Monticello 650.00
Universal 450.00
Urns
Tribute 295.00
Regal 295.00
Inurnment
Urn Garden 520.00
Urn Garden Endowment Fee 130.00
Second Right Inurnment 400.00
Second Right Inurnment Endowment Fee 100.00
Opening & Closing (during business hours) 445.00
Opening & Closing (after business hours) 695.00
Concrete Urn Liner 310.00
Childrens Garden
Children’s Garden Lot 317.00
Children’s Garden Lot Endowment Fee 80.00
Opening & Closing (all times) 488.00
Children’s Garden Liner 396.00
Niche
Niche Wall II, rows 4-6 bottom half 750.00
RESOLUTION NO. 2016-XXX 3
Niche Wall II, rows 4-6 bottom half Endowment Fee 150.00
Niche Wall III, rows 1-3 top half 1,019.00
Niche Wall III, rows 1-3 top half Endowment Fee 250.00
Niche Wall III, rows 4-6 bottom half 869.00
Niche Wall III, rows 4-6 bottom half Endowment Fee 220.00
Opening & Closing (during business hours) 445.00
Opening & Closing (after business hours) 695.00
Second Right Niche Wall 436.00
Second Right Niche Wall Endowment Fee 109.00
Tent and Chairs for Inurnment 163.00
Flower Vase for Niche Wall 195.00
Replacement Flower Vase (vase only) 20.00
Inscriptions
Niche Inscription – Single 363.00
Niche Inscription – Double (both names and 1s DOD, 2nd DOD later) 563.00
Flat Marker Final DOD Inscription & Re-Installation (off-site) 495.00
Flat Marker Final DOD Inscription (on site) 363.00
Monument or Slant “single” Final DOD Inscription (off-site) 550.00
Monument or Slant “companion” Final DOD Inscription (off site) 550.00
Monument or Slant Final DOD Inscription (on site) 363.00
Headstones & Monuments
Various Headstones, Memorials, Monuments, Benches, Pillows, Slants, etc. Call for Pricing
Installation Fees (includes inspection fee)
Flat Markers
Flat Marker– Children’s Garden (up to 24” x 12”) 175.00
Flat Marker– 30” x 18” or smaller 275.00
Flat Marker – 28” x 34” or larger 375.00
Flat Marker Re-Installation Fee – All sizes 175.00
Upright Monuments, Slants, Pillows and Benches
Standard Size “Individual” & Foundation 575.00
Standard Size “Companion” & Foundation 675.00
Standard Bench 575.00
Monubench 675.00
Other Company’s Merchandise Call for Quote
Miscellaneous Fees
Standard Inspection Fee (headstone, bench, vault, liner, etc.) 100.00
Administration Service Fee 50.00
Temporary Marker 30.00
Other Services
Memorial Tree w/ garden marker 800.00
Disinterment / Traditional Burial 1,995.00
Disinterment / Cremation 650.00
Pressure Washing 40.00 for first headstone
25.00 for each additional
headstone
RESOLUTION NO. 2016-XXX 4
Section 3. Traditional Burial Package Pricings. Fees and prices for packages of cemetery
services, actions, and merchandise shall be set per the attached Exhibit A.
Section 4. Cremation Package Pricings. Fees and prices for packages of cemetery services,
actions, and merchandise shall be set per the attached Exhibit B.
Section 5. Effective Date. This resolution will become effective immediately upon passage.
PASSED by the City Council and APPROVED by the Mayor this _____ day of
______________________ 2016.
CITY OF ARLINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
F
COUNCIL MEETING DATE:
June 20, 2016
SUBJECT:
Ordinance Adopting a Mutual Benefit Agreement Process to the City’s Airport Regulations
ATTACHMENTS:
Two Draft Ordinances –
Version 1 (Airport Commission makes waiver decision)
Version 2 (City Council makes waiver decision)
DEPARTMENT OF ORIGIN
Administration – Paul Ellis
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The City has been working since early 2015 to address issues raised in audits from the State
Auditor’s Office and the Federal Aviation Administration regarding airport processes and
procedures. The attached ordinance is a solution to one of the issues raised in both audits.
Currently, events at the Airport have to receive two separate approvals – a City Special Events
permit and an Airport Use Agreement. Special events on the airport are required to execute the
airport use agreements, including for use of airport property, whereas special events using
general city property (parks, roads, sidewalks, etc.) are not. Under the current Special Event
process regulations spelled out in AMC Chapter 5.44, special events may be required to pay for
city services. Each event is evaluated on a case by case basis, weighing the amount of city
services required against the economic and community benefit. For our Special events held on
Airport property, they must go through this process twice – once with the City and then a second
time with the airport staff and commission. The proposal we are making will realign our process
and allow us to treat all special events the same, providing consistency and fairness to our
customers.
Under state and federal laws, the Airport has specific rules and regulations that it is required to
comply with to make the changes to our processes. In order to completely align these processes,
the City Council is asked to adopt the proposed mutual benefit agreement ordinance which
would allow the Airport Commission to waive event use fees. In order to waive the fees for
services at the Airport, the City must have in effect an ordinance or other process to demonstrate
sufficient benefit to waive the fees [RCW 14.20.120(8)-(9)]. The proposed ordinance follows the
requirements of state law in setting up such a process and gives the Airport Commission the
authority to determine what airport services require compensation. 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
HISTORY:
The 2013 annual audit conducted by the State Auditor’s office (SAO) recommended that the City
align its Special Event process outlined in Arlington Municipal Code Chapter 5.44 and the
Airport’s Special Event process. This recommendation was also made by the Federal Aviation
Administration (FAA) in a separate audit. The recommendation was made by both the SAO and
the FAA to ensure that our process was consistent and fairly applied to all users of all city
properties.
ALTERNATIVES
Remand to staff for further evaluation.
RECOMMENDED MOTION:
I move to approve the Draft Ordinance Version #____, adopting a mutual benefit agreement
process to allow the [Airport Commission/City Council] to waive land use fees in limited
circumstances.
ORDINANCE NO. 2016-XXX 1
Formatted: Header, Widow/Orphan control
ORDINANCE NO. 2016--XXX (Version 1)
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADOPTING A MUTUAL BENEFIT AGREEMENT PROCESS TO
THE CITY’S AIRPORT REGULATIONS
WHEREAS, the City of Arlington has the authority to own and operate the Arlington
Municipal Airport; and
WHEREAS, the City recognizes the operation of the airport provides substantial
economic benefits to the City by providing employment and economic opportunities to the
citizens; and
WHEREAS, under limited circumstances, state law authorizes the City to make airport
property available for less than fair market rental value, when it is in the interests of the Airport
to do so, pursuant to RCW 14.08.120(8); and
WHEREAS, the City is also mindful of federal grant assurances, which obligate the City
to take steps to make the Airport available as an airport for public use on reasonable terms and
without unjust discrimination to all types, kinds and classes of aeronautical activities; and
WHEREAS, the City also is required to keep the Airport self-sustainable and to ensure
that proposed uses and agreements are consistent with the approved Airport Layout Plan; and
WHEREAS, the State Auditor’s Office recently recommended that the City consider the
adoption of a process and regulations establishing when the Airport could enter into mutually
beneficial arrangements and thereby waive market rental fees for valid reasons; and
WHEREAS, the City Council wishes to comply with the Auditor’s recommendations
while also recognizing its obligations under the FAA grant assurances;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. A new section 14.08.065 is hereby added to the Arlington Municipal Code
(AMC) to read as follows:
14.08.065 Mutual Benefit Agreements. The Airport Commission may by formal
action waive the land use permit fees customarily charged for events properly permitted
and authorized by a special use permit, or annual lease charges for property rentals, under
the following limited circumstances. To waive the fees or rental amounts, the Airport
Commission must make the following written findings:
Formatted: Indent: First line: 0.5"
Formatted: Indent: First line: 0.5"
ORDINANCE NO. 2016-XXX 2
(a) The lease permit or license of to use 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) If the proposed use is not aeronautical in nature, the Airport Commission
must find that 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 futureduring the
term of the proposed use or permit;
(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) If the subject property can be reasonably expected to produce more than de
minimis revenue, the community use is permitted only where the revenue to be
earned from the community use would approximate the revenue that could be
generated by an alternate use;
(h) Leases Permits or licenses for community use must not preclude reuse of
the subject property for airport purposes if, in the opinion of the airport
ownerAirport Commission, reuse of the subject property would provide greater
benefits to the airport than continuation of the community use;
(i) The airport owner ensures that Aairport revenue does not support the capital
or operating costs associated with the community use;
(j) The permit, license or lease or other contract for community use is not to a
for-profit organization or for the benefit of private individuals;
(k) The lease permit, license or other contract for community use is subject to
the requirement that if the term of the lease is for a period that exceeds ten years,
the lease must contain a provision allowing for a readjustment of the rent every
five years after the initial ten-year termcomplies with RCW 14.08.120(5);
(l) The lease permit, license or other contract for community use is subject to
the requirement that the term of the lease agreement must not exceed fifty five (5)
years; and
(m) The lease permit, license or other contract for community use is subject to
the requirement that if the term of the lease agreement exceeds one year, the lease
or other contract obligations must be secured by rental insurance, bond, or other
security satisfactory to the Airport Commission in an amount equal to at least one
year's rent, or as otherwise determined by the the Airport Commission for good
cause.
(n) NoThe proposed permit, license or agreementsagreement shall be executed
under the provisions of the proposed ordinance without thehas been provided to
the FAA being givenfor the opportunity to review and comment.
ORDINANCE NO. 2016-XXX 3
Formatted: Header, Widow/Orphan control
(o) If suchthe proposed use is within the airport operations area, it may only be
used for an approved aeronautical use.
(p) The proposed permit, license or agreement complies with the city’s federal
grant assurance obligations.
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.
PASSED BY the City Council and APPROVED by the Mayor Pro Tem this _____ day
of _______________, 2016.
ORDINANCE NO. 2016-XXX 4
CITY OF ARLINGTON
Debora Nelson, Mayor Pro Tem
Attest:
Kristin Banfield, City Clerk
Approved as to form:
Steven J. Peiffle
City Attorney
ORDINANCE NO. 2016-XXX 1
Formatted: Header, Widow/Orphan control
ORDINANCE NO. 2016--XXX (Version 2)
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADOPTING A MUTUAL BENEFIT AGREEMENT PROCESS TO
THE CITY’S AIRPORT REGULATIONS
WHEREAS, the City of Arlington has the authority to own and operate the Arlington
Municipal Airport; and
WHEREAS, the City recognizes the operation of the airport provides substantial
economic benefits to the City by providing employment and economic opportunities to the
citizens; and
WHEREAS, under limited circumstances, state law authorizes the City to make airport
property available for less than fair market rental value, when it is in the interests of the Airport
to do so, pursuant to RCW 14.08.120(8); and
WHEREAS, the City is also mindful of federal grant assurances, which obligate the City
to take steps to make the Airport available as an airport for public use on reasonable terms and
without unjust discrimination to all types, kinds and classes of aeronautical activities; and
WHEREAS, the City also is required to keep the Airport self-sustainable and to ensure
that proposed uses and agreements are consistent with the approved Airport Layout Plan; and
WHEREAS, the State Auditor’s Office recently recommended that the City consider the
adoption of a process and regulations establishing when the Airport could enter into mutually
beneficial arrangements and thereby waive market rental fees for valid reasons; and
WHEREAS, the City Council wishes to comply with the Auditor’s recommendations
while also recognizing its obligations under the FAA grant assurances;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. A new section 14.08.065 is hereby added to the Arlington Municipal Code
(AMC) to read as follows:
14.08.065 Mutual Benefit Agreements. The Airport CommissionCity Council may
by formal action waive the land use permit fees customarily charged for events properly
permitted and authorized by a special use permit, or annual lease charges for property
rentals, under the following limited circumstances. To waive the fees or rental amounts,
the Airport CommissionCity Council must make the following written findings:
Formatted: Indent: First line: 0.5"
Formatted: Indent: First line: 0.5"
ORDINANCE NO. 2016-XXX 2
(a) The lease permit or license of to use 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) If the proposed use is not aeronautical in nature, the CommissionCity
Council must find that 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 futureduring the
term of the proposed use or permit;
(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) If the subject property can be reasonably expected to produce more than de
minimis revenue, the community use is permitted only where the revenue to be
earned from the community use would approximate the revenue that could be
generated by an alternate use;
(h) Leases Permits or licenses for community use must not preclude reuse of
the subject property for airport purposes if, in the opinion of the airport ownerCity
Council, reuse of the subject property would provide greater benefits to the airport
than continuation of the community use;
(i) The airport owner ensures that Aairport revenue does not support the capital
or operating costs associated with the community use;
(j) The permit, license or lease or other contract for community use is not to a
for-profit organization or for the benefit of private individuals;
(k) The lease permit, license or other contract for community use is subject to
the requirement that if the term of the lease is for a period that exceeds ten years,
the lease must contain a provision allowing for a readjustment of the rent every
five years after the initial ten-year termcomplies with RCW 14.08.120(5);
(l) The lease permit, license or other contract for community use is subject to
the requirement that the term of the lease agreement must not exceed fifty five (5)
years; and
(m) The lease permit, license or other contract for community use is subject to
the requirement that if the term of the lease agreement exceeds one year, the lease
or other contract obligations must be secured by rental insurance, bond, or other
security satisfactory to the CommissionCity Council in an amount equal to at least
one year's rent, or as otherwise determined by the the CommissionCity Council
for good cause.
(n) NoThe proposed permit, license or agreementsagreement shall be executed
under the provisions of the proposed ordinance without thehas been provided to
the FAA being givenfor the opportunity to review and comment.
ORDINANCE NO. 2016-XXX 3
Formatted: Header, Widow/Orphan control
(o) If suchthe proposed use is within the airport operations area, it may only be
used for an approved aeronautical use.
(p) The proposed permit, license or agreement complies with the city’s federal
grant assurance obligations.
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.
PASSED BY the City Council and APPROVED by the Mayor Pro Tem this _____ day
of _______________, 2016.
ORDINANCE NO. 2016-XXX 4
CITY OF ARLINGTON
Debora Nelson, Mayor Pro Tem
Attest:
Kristin Banfield, City Clerk
Approved as to form:
Steven J. Peiffle
City Attorney