Loading...
HomeMy WebLinkAbout08-01-2016 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert - Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Debora Nelson INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS SWEARING IN Chief of Police Jonathan Ventura – City Attorney Steve Peiffle Dan Cone, Deputy Chief of Police Rory Bolter, Sergeant PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Debora Nelson 1. Minutes of the July 18 and July 25, 2016 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Memorandum of Understanding with Department of Commerce ATTACHMENT B 4. Airport Office Parking Lot Paving Project ATTACHMENT C 5. Airport Beacon Painting and Lead Paint Removal Project ATTACHMENT D PUBLIC HEARING NEW BUSINESS 1. Ordinance Amending AMC 20.40.010 & 20.08.101 - Permissible ATTACHMENT E Use Table Staff Presentation: Chris Young Council Liaison: Jesica Stickles/Chris Raezer Arlington City Council Meeting Monday, August 1, 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. Arlington Youth Council Proposal ATTACHMENT F Staff Presentation: Sarah Lopez Council Liaison: Sue Weiss 3. Draft Resolution between City of Arlington and City of Marysville ATTACHMENT G Staff Presentation: Paul Ellis Council Liaison: Jesica Stickles/Marilyn Oertle 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 3 Council Chambers 110 East Third July 18, 2016 City Council Members Present by Roll Call: Mike Hopson, Jan Schuette, Chris Raezer, Sue, Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: Debora Nelson City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Garcia, Dan Cone, Chris Young, Deana Dean, and Steve Peiffle – City Attorney. Also Known to be Present: Terry Marsh, Jan Bauer, Craig Christianson, Kirk Boxleitner, Duane Wilcoxson, Jason McDaniel, Cristy Brubaker Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. APPROVAL OF THE AGENDA Councilmember Raezer moved to approve the Agenda. Councilmember Oertle seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT Duane Wilcoxson thanked Councilmembers Schuette and Raezer and the Airport Commissioners for keeping the public informed and supporting airport businesses and tenants. He also complimented Airport Director Dave Ryan and his staff on doing an excellent job at the airport. Jason McDaniel spoke regarding his support of council agenda item number six and the council’s efforts on keeping the code current. He spoke to customers’ needs for the next generation of storage units. CONSENT AGENDA Councilmember Raezer moved and Councilmember Oertle seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the July 5 and July 11, 2016 Council Meetings 2. Accounts Payable: EFT Payments & Claims Checks #88850 through #88968 dated July 6, 2016 through July 18, 2016 in the amount of $840,906.89. 3. Acceptance of Grant for Snohomish County Small Capital Partnership Project PUBLIC HEARING None. Minutes of the Arlington Cit Council Meetin Minutes of the City of Arlington City Council Meeting July 18, 2016 Page 2 of 3 NEW BUSINESS Agreement with Fire Protection District #21 for Fire & EMS Services City Administrator Paul Ellis requested council approve the agreement between the City of Arlington and Fire District #21. Council questions followed. Councilmember Oertle moved and Councilmember Raezer seconded the motion to approve the Agreement with Fire Protection District #21 for Fire & EMS Services for the City of Arlington to provide Advanced Life Support (ALS) service and authorize the Mayor to sign the agreement, subject to approval of the agreement by District 21 and final approval by the City Attorney. The motion was approved by a unanimous vote. Appointment to Civil Service Commission Paul Ellis requested council approve the appointment of Thad Hovis to fill the vacancy left by Jim Rankin. Council comments followed. Councilmember Oertle moved and Councilmember Stickles seconded the motion to confirm the appointment of Thad Hovis to the Civil Service Commission. The motion was approved by a unanimous vote. Ordinance Amending AMC 20.44 & 20.102 regarding Wireless Facilities Community and Economic Development Director Chris Young reviewed the proposed amendments related to wireless facilities and amending the Chapter 20.44 to be consistent with the new Chapter. Council questions followed. Councilmember Stickles moved and Councilmember Oertle seconded the motion to approve the ordinance amending AMC 20.44.034 and adopting a new chapter 20.102 relating to Wireless Facilities. The motion was approved by a unanimous vote. Ordinance Amending AMC 20.64 regarding Floodplains Chris Young reviewed the proposed amendment which is a total rewrite in order to be in compliance with CFR 44 and NMFS Biological Opinion and also make the ordinance easier to design to and comply with. Brief discussion followed with Chris answering council questions. Councilmember Stickles moved and Councilmember Raezer seconded the motion to approve the ordinance amending Chapter 20.64 of the AMC relating to Flood Plain Development Regulations. The motion was approved by a unanimous vote. Ordinance Amending AMC 20.93 & 20.88 regarding Critical Areas Chris Young reviewed the proposed revisions to Chapter 20.93 to comply with the Department of Ecology’s updated wetland Delineation Manual and 2014 Washington State Rating System regarding our Critical Areas Ordinance. Discussion followed with Chris answering council questions. Councilmember Stickles moved and Councilmember Oertle seconded the motion to approve the ordinance amending Chapter 20.93 of the AMC and repealing Chapter 20.88 regarding Critical Areas Ordinance. The motion was approved by a unanimous vote. Ordinance Amending AMC 20.40.010 & 20.08.101 – Permissible Use Table Chris Young reviewed the proposed amendment differentiating between typical self-storage facilities and the professional, more modern versions that could be beneficial as part of the mixed use concept and provide a useful service in proximity of high-density residential developments. City Attorney Steve Peiffle spoke regarding some procedural information namely that the July 1, 2016 letter from Troy Davis was part of the record and considered by the Planning Commission when they made their decision and findings. He the July 13, 2016 letter from Troy Davis presumptively was made in error by Mr. Davis assuming that tonight was a public hearing. He also noted the same for Mr. McDaniel’s comments this evening. Council comments and questions followed. Councilmember Raezer thanked the Planning Commission for all their hard work. Minutes of the City of Arlington City Council Meeting July 18, 2016 Page 3 of 3 Councilmember Raezer moved and Councilmember Schuette seconded the motion to approve the ordinance amending Chapter 20.40 & 20.08 of the AMC relating to Storage Facility Permissible Uses and Definitions. Councilmembers Hopson, Schuette, and Raezer voted for and Councilmembers Weiss, Stickles and Oertle voted against. Counsel Peiffle recommended this matter be tabled until the next council meeting when all seven members could be present. Councilmember Raezer moved and Councilmember Weiss seconded the motion to table this matter to the next regular meeting. The motion was approved by a unanimous vote. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis noted he would be out of the office the rest of the week but available by phone and email. COUNCIL MEMBER REPORTS Councilmembers Hopson, Schuette, Raezer, Stickles, and Oertle gave brief reports while Councilmember Weiss had nothing to report at this time. MAYOR’S REPORT Mayor Tolbert noted that National Night Out will be August 2, 106. The format breakdown will be available next week. She also noted that on August 1, 2016 there will be several swearing in ceremonies. She recognized Dan Cone on his promotion to Deputy Police Chief; his swearing in will also be August 1, 2016. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:44 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street July 25, 2016 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: None Staff Present: Mayor Barbara Tolbert, Paul Ellis, Bruce Stedman, Kristin Garcia, Sheri Amundson, Marc Hayes, Sarah Lopez, Lorene Parker, Dave Ryan, Jonathan Ventura, Maxine Jenft, Wendy Van Der Meersche, and City Attorney Steve Peiffle. Also Known to be Present: Sarah Arney, Holly Sloane-Buchanan, Vikki McMurray, and Will Nelson. Mayor Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Mayor Pro Tem Debora Nelson moved to approve the agenda; Chris Raezer seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS – NO ACTION WAS TAKEN Arlington Youth Council Proposal Recreation and Communications Manager Sarah Lopez introduced Weston High School Principal Will Nelson, co-lead of the Arlington Youth Council proposal. Sarah spoke regarding Strategy 3.1 of America’s Best Communities Arlington-Darrington Community Revitalization Plan, implementing a youth council. The youth council would advise the Mayor and City Council in matters relating to and affecting youth in the Arlington community. A brief discussion followed with Sarah and Will answering council questions. Memorandum of Understanding with Department of Commerce Permit Center Manager Marc Hayes spoke regarding a proposed MOU between the City of Arlington and WA State Department of Commerce. The DOC invited Snohomish County and several cities to discuss a pilot program to streamline the permitting process for manufacturing companies while complying with multiple regulatory requirements and agencies. A brief discussion followed with Marc answering council questions. This item was approved for the August 1st meeting’s consent agenda. Airport Office Parking Lot Paving Project Airport Coordinator Lorene Parker spoke regarding a proposed contract with Fidalgo Paving & Construction, LLC, for paving the airport office parking lot, the installation of new curbing, and a new ADA compatible parking space with ramp. A brief discussion followed with Airport Manager Dave Ryan and Lorene answering council questions. This item was approved for the August 1st meeting’s consent agenda. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop July 25, 2016 Page 2 of 2 Airport Beacon Painting & Lead Paint Removal Project Lorene Parker spoke regarding a proposed contract with LJR Painting, LLC for removing lead paint from the airport beacon and repainting the airport beacon structure. A brief discussion followed with Dave Ryan and Lorene answering council questions. This item was approved for the August 1st meeting’s consent agenda. June 2016 Financial Report Finance Director Kristin Garcia reviewed, by PowerPoint, the June 2016 financial report. A brief discussion followed with Kristin answering council questions. Draft Resolution between the City of Arlington and the City of Marysville City Administrator Paul Ellis added this item for discussion, and distributed to councilmembers a draft Resolution of Intent regarding fire protection service. Miscellaneous Council Items Jesica Stickles invited everyone to the Smokey Point Behavioral Hospital groundbreaking ceremony and luncheon tomorrow morning at 11:00 a.m. at 3955 156th St NE, Marysville. Public Comment None Executive Session An executive session was held relating to pending or potential litigation [RCW 42.30.110(1)(i)], estimating to take 20-25 minutes. 7:37:32 Council in recess. 8:09:39 City Attorney announced an extension of the Executive Session 8:26:45 Council reconvened. The meeting was adjourned at 8:26 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: August 1, 2016 SUBJECT: Memorandum of Understanding between WA State Dept. of Commerce and the City of Arlington regarding the Manufacturing Regulatory Roadmap. ATTACHMENTS: Draft Memorandum of Understanding DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: WA State Dept. of Commerce invited Snohomish County and several other cities to discuss participating in the Snohomish County Manufacturing Pilot Program regarding Streamlined Permitting. The kick-off meeting was held in April 2015. Arlington’s permitting model was ultimately chosen as the “Roadmap” to develop the program. The purpose of the program is to develop strategies that can reduce time and frustration for manufacturing companies as they try and comply with multiple regulatory requirements and agencies during the permitting process. Some of the program deliverables are to; improve access to regulatory information, streamline the process, increase predictability, reduce “red-tape”, and enhance coordination between regulatory agencies. This MOU will serve as the tool to continue to work collaboratively to improve the experience of siting a manufacturing facility within the city by continuing to develop, launch, maintain, and market the program. HISTORY: A letter of commitment was signed by the Mayor on May 7, 2015 to collaborate and participate in the Manufacturing Streamlining Pilot Project with the Dept. of Commerce through involvement of our personnel time and expertise. Time spent working on the project, facility costs, and other resources serve as our “in-kind” match of the program. City of Arlington Council Agenda Bill Item: CA #3 Attachment B ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to approve the Memorandum of Understanding (MOU) with the Department of Commerce for the Manufacturing Streamlining Pilot Project, and authorize the Mayor to sign the MOU. Memorandum of Understanding Between Washington State Department of Commerce And City of Arlington, Washington This Memorandum of Understanding is made between the undersigned parties as follows. The parties hereto are Washington State Department of Commerce (Commerce) and the City of Arlington, Washington (City), which hereby enter into the following Memorandum of Understanding (MOU). For purposes of this MOU, the parties shall be known collectively as “partners.” Purpose The purpose of this Memorandum of Understanding (MOU) is for the partners to agree to collaboratively improve the experience of siting a manufacturing facility within the City of Arlington through development and maintenance of an online regulatory guide, or “Manufacturing Regulatory Roadmap.” The Manufacturing Regulatory Roadmap is a set of online content developed by Commerce, in consultation with regulatory agencies and municipalities, that distills all city, regional and state requirements into easy-to-understand information and interactive tools to assess costs, timelines, and overall feasibility of potential manufacturing facility sites. Agreement The partners agree that the Regulatory Roadmap for Manufacturing Facility Feasibility (Manufacturing Roadmap) is a collaborative project, and the partners will work together to develop, launch, maintain and market it according to the following: 1. Commerce will provide content and/or templates for developing content, to include graphic elements, wording, and overall design. City-specific content will be developed by and/or approved by the City, in accordance with Commerce guidelines, to ensure a consistent statewide Regulatory Roadmap presence. The Washington Regulatory Roadmap logo will be used on all content. Commerce will review all materials prior to publishing. 2. The partners will mutually determine appropriate placement of the Manufacturing Roadmap content and links to it within and throughout the City's website. Commerce will provide guidance, design and technical specifications for development of the webpage used to host the Manufacturing Regulatory Roadmap materials. 3. The partners will develop and implement a communication plan for outreach and messaging to ensure consistent and comprehensive messaging. Additionally, the partners agree to participate in creating joint promotional materials and events with the other Manufacturing Roadmap participating cities. 4. The partners agree that maintaining accurate and current information within the Manufacturing Roadmap materials is paramount for the success of this project. The partners will develop a plan for regularly reviewing, maintaining, and updating the content at least quarterly. The City will update City-specific content, and Commerce will ensure updates of other content. 5. The City agrees to use analytics to track visitor activity on the Manufacturing Roadmap page(s). Commerce will provide a list of metrics for the partners to review on a quarterly basis. The partners will review the metrics at least quarterly. 6. The City agrees to consult with Commerce before altering the Manufacturing Roadmap content or the website’s appearance, aside from the regular updates mentioned above. The partners agree that any work or intellectual property, created jointly or individually by the partners for the purposes of the Manufacturing Roadmap will be available for use by either partner for uses related to this MOU. 7. The Manufacturing Roadmap content is specific to manufacturing site selection. Use and/or expansion of the content for other business needs and activities may be undertaken. Either party may invite the other to undertake development of roadmaps for other business needs, which would be done in collaboration between the parties and require a separate memorandum of understanding. 8. No separate entity is created by this agreement. The City’s Director of Community & Economic Development and Commerce’s Senior Policy Advisor shall jointly administer this project. Termination Either party may terminate this agreement by providing 90 days written notice to the other party. City of Arlington 18204 59th Ave. Arlington, WA 98223 Department of Commerce PO Box 42525 Olympia, Washington 98504-2525 Changes, Modifications and Amendments This agreement may be changed, modified, extended, or amended by written agreement executed by all parties. Execution We, the undersigned, agree to the terms of the foregoing agreement. This agreement shall become effective upon execution, and shall remain in effect for a period of three years from execution date, unless terminated sooner or extended as provided herein. DATED___________________________, 2016. CITY OF ARLINGTON, WASHINGTON STATE OF WASHINGTON DEPARTMENT OF COMMERCE By: ___________________________ By: _____________________________ Barbara Tolbert (Mayor) Brian Bonlender, Director Date: _________________________ Date: ____________________________ City of Arlington Council Agenda Bill Item: CA #4 Attachment C COUNCIL MEETING DATE: August 1, 2016 SUBJECT: Airport Office Parking Lot Paving Project ATTACHMENTS: Bid results and construction contract DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: $87,149.08 BUDGET CATEGORY: Airport Operating Fund LEGAL REVIEW: DESCRIPTION: This pro ect includes the pavin of the airport office parkin lot, installation of new curbing, and the installation of a new ADA compatible parking space with ramp. The amount budgeted for the project was $135,000. Bids were solicited from the City’s small works roster, with Fidalgo Paving & Construction LLC providing a low bid of $87,149.08. A portion of the amount budgeted will be for prepping the area for paving and installing an infiltration system. The total amount of the prepping and paving are under the budgeted amount. This project was approved at the Airport Commission’s July 12, 2016 meetin . HISTORY: The parking lot pavement is in poor shape due to multiple utility cuts, age and root damage from multiple trees in the landscaped areas. Prep work for the paving will involve removing and replacing the trees, fixing the current infiltration system and adding a new infiltration system ALTERNATIVES Approve staff’s recommendation with modifications Deny staff’s recommendation Table staff’s recommendation RECOMMENDED MOTION: I move to approve the contract with Fidalgo Paving & Construction, LLC, in the amount not to exceed $87,149.08, and authorize the Mayor to sign the contract. MEMO City of Arlington Airport To: City Council From: Lorene Parker, Airport Coordinator Date: July 25, 2016 Subject: Airport Parking Lot Paving Project ISSUE: The project involves paving the airport office parking lot, installing new curbing and installing a new ADA compatible parking space with ramp to the grass picnic area. The airport contacted 3 companies on the City’s small works roster who perform asphalt paving or roadway construction, to provide quotes for the project. One company, Fidalgo Paving & Construction LLC provided a quote. DISCUSSION & ANALYSIS: Amount shown include sales tax. Contractor Name Bid Amount Fidalgo Paving & Construction LLC Fidalgo Paving & Construction LLC came in with the low quote. References for the contractor have been contacted and the references were complimentary of their work. ALTERNATIVES: Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDATION: Staff recommends the City Council approve a contract with Fidalgo Paving & Construction LLC for the Airport Parking Lot Paving Project in the amount of $87,149.08. P02.412 AGREEMENT CONSTRUCTION CONTRACT THIS CONTRACT, dated this 1st day of August, 2016, is by and between the City of Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and Fidalgo Paving & Construction LLC. referred to as the CONTRACTOR. WHEREAS, the City desires paving, curbing and striping of the Airport Office Parking Lot, and WHEREAS, the Contractor is qualified, willing and able to perform the necessary work. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it is mutually agreed as follows: 1.0 SERVICE BY CONTRACTOR Contractor agrees to perform the services described in the following project specification Airport Office Paving Project. These documents are on file with the Project Manager, a copy is held by the contractor, and by this reference incorporated herein. 2.0 TIME OF COMPLETION All work under this Agreement is to be done within 7 working days of Notice to Proceed. 3.0 RESPONSIBILITY OF CONTRACTOR 3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for protection of workmen and the public; shall post danger signs warning against known or unusual hazards. 3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and material within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by the City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of services may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by Contractor. The Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractor’s work including, but not limited to, cost of materials and labor extended by the City in making emergency repairs and cost of engineer, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defect work and the Contractor shall defend any such claim at his own expense. Where materials or procedures are not specified in the contract, the City relies on the professional judgment of the Contractor to make appropriate selections. 3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised Code of Washington. 3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon a bonfide occupational qualification. 3.5 Employment Any and all employees of the Contractor while engaged in the performance of any work or services required by the Contractor under this agreement, shall be considered employees of the Contractor only and not of the City and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of the Contractor. 4.0 SUBCONTRACTOR RESPONSIBILITY 4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable, have: a. Have Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5.0 COMPENSATION 5.1 The City shall pay the Contractor for the services identified in this contract the total amount of ($87,149.08 amount includes sales tax). Contractor shall submit monthly, for the City’s acceptance, a written Contract Project Estimate setting forth the quantities of work satisfactorily performed to date, and an invoice covering the contract price applicable to the work, unless otherwise directed, the City will, within 30 days after receipt of acceptable Contractor’s estimate and invoice, pay the Contractor the accepted progress invoice less actual accumulated amount previously paid. 5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 6.0 CITY'S RIGHT TO TERMINATE CONTRACT 6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter specified: a. If the Contractor should be adjudged bankrupt. b. If the Contractor should make a general assignment of benefit of his creditors. c. If a receiver should be appointed on the account of insolvency of the Contractor. d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the work. e. If the Contractor shall fail to complete the work within the time specified in the contract. f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or labor. g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State or municipal agencies or subdivisions thereof. h. If Contractor should persistently disregard instructions of Management, or otherwise be guilty of a substantial violation of the contract. 6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated for any reason not previously identified by either party by giving ten (10) days written notice to the other party. In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any further balance of the amount to be paid under this contract until the work shall have been fully finished. At such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the City to Contractor. If such expense and damages shall exceed the unpaid balance, Contractor and his surety and each thereof shall be jointly and severally liable therefore to City and shall pay the difference to the City. Such expense and damage shall include all legal costs incurred by the City in employment of attorneys to protect the rights and interests of the City under the contract; provided such legal costs shall be reasonable. 7.0 OWNERSHIP OF DOCUMENTS 7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished or unfinished documents and material prepared by the Contractor with funds provided by this Agreement shall become the property of the City and shall be forwarded to the City at its request. 7.2 Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Agreement will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8.0 CLAIMS 8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of the contract must be made in writing to the City within thirty (30) days after the discovery of such damage, and in no event later than the time of approval by owner of final payment. Contractor, upon making applications for final payment, shall be deemed to have waived this right to claim for any other damages for which claim has not been made, unless such claim for final payment includes notice of additional claim and fully describes the alleged damage. 9.0 ASSIGNMENT 9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party. 10.0 MODIFICATION 10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in writing and properly signed by all parties thereto. 11.0 HOLD HARMLESS 11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting in whole or in part from negligent activities or omissions of the Contractor, its agents or other renumeration for services; and if a suit in respect to the above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or settlement made requiring payment of damages by the City, which damages are based in whole or in part on the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same. 12.0 INSURANCE Contractor shall procure and maintain, for the duration of this Agreement, insurance against claims for the injuries to persons or damages to property which may arise from or in connection with the performance of the work thereunder by the Contractor, his agent, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. 12.1 Minimum Limits of Insurance Contractor shall maintain limits no less than: a. Commercial General Liability: insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. b. Automobile Liability: $1,000,000 combined single limit per accident, covering owned and non-owned vehicles. c. Worker's Compensation coverage as required by the Worker's Compensation Act of the State of Washington. 12.2 The Policies are to contain, and be endorsed to contain the following provisions: a. General Liability 1. The City, its officials, employees and volunteers are to be covered as additional insured as respect to liability arising out of activities performed by or on behalf of the Contractor. 2. Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of all policies shall not affect the coverage provided to the City, its officials, employees or volunteers. b. All Coverage Each insurance policy required by this clause shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 12.3 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XIII, or with an insurer acceptable to the City. 12.4 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certification for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.5 Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein. 12.6 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and limits of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed until coverage is approved by Risk Manager. 13.0 INDEPENDENT CONTRACTOR 13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF ARLINGTON, WASHINGTON: CONTRACTOR: By By Mayor Barbara Tolbert Title City of Arlington Council Agenda Bill Item: CA #5 Attachment D COUNCIL MEETING DATE: August 1, 2016 SUBJECT: Airport Beacon Painting and Lead Paint Removal Project ATTACHMENTS: Bid results and construction contract DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: $136,844.13 BUDGET CATEGORY: Airport Operating Fund LEGAL REVIEW: DESCRIPTION: This pro ect includes removin the existin lead paint and repaintin the entire beacon structure. Sand blasting will be performed on the structure’s lead paint and all environmental regulations for lead abatement will be followed. Bids were solicited from the City’s small works roster, with LJR Painting LLC providing a low bid of $136,844.13. The bid is higher than the budgeted amount of $90,000.00 but there are sufficient funds to cover the difference in the Airport’s maintenance project fund. This project was approved at the Air ort Commission’s Jul 12, 2016 meetin . HISTORY: In the summer of 2015, the beacon and obstruction lights were replaced and additional railings were installed. The current railings were not painted when installed and will be painted as part of this project. The existing structure’s lead paint has been failing for quite some time. The lead paint will be completely removed as part of this project. ALTERNATIVES Approve staff’s recommendation with modifications Deny staff’s recommendation Table staff’s recommendation RECOMMENDED MOTION: I move to approve the contract with LJR Painting, LLC, in the amount not to exceed $136,844.13, and authorize the Mayor to sign the contract. MEMO City of Arlington Airport To: City Council From: Lorene Parker, Airport Coordinator Date: July 25, 2016 Subject: Airport Beacon Painting & Lead Paint Removal Project ISSUE: The project involves removing the existing lead paint and repainting the entire beacon structure. The Contractor will sand blast the existing structure’s lead paint, following all environmental regulations for lead abatement. The airport contacted all companies on the City’s small works roster who perform exterior painting projects. DISCUSSION & ANALYSIS: Staff solicited bids off of the City’s small works roster and three companies provided bids. The three bids received are shown below. All amounts shown include sales tax. Contractor Name Bid Amount Long Painting Company Coatings Unlimited Inc LJR Painting LLC * Non Responsive Bid LJR Painting LLC came in as the low bidder at $136,844.13. Staff contacted references for the contractor and the references were complimentary of their work. ALTERNATIVES: Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation MEMO City of Arlington Airport RECOMMENDATION: Staff recommends the City Council approve a contract for the Airport Beacon Painting & Lead Paint Removal Project with LJR Painting LLC in the amount of $136,844.13. P02.410 AGREEMENT CONSTRUCTION CONTRACT THIS CONTRACT, dated this 1st day of August, 2016, is by and between the City of Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and LJR Painting LLC. referred to as the CONTRACTOR. WHEREAS, the City desires sand blasting the existing structure’s lead paint, following lead abatement procedures, and repainting the entire beacon structure, and WHEREAS, the Contractor is qualified, willing and able to perform the necessary work. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it is mutually agreed as follows: 1.0 SERVICE BY CONTRACTOR Contractor agrees to perform the services described in the following project specification Beacon Painting & Lead Removal Project. These documents are on file with the Project Manager, a copy is held by the contractor, and by this reference incorporated herein. 2.0 TIME OF COMPLETION All work under this Agreement is to be done within 90 working days of Notice to Proceed. 3.0 RESPONSIBILITY OF CONTRACTOR 3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for protection of workmen and the public; shall post danger signs warning against known or unusual hazards. 3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and material within one year after acceptance of this work. When corrections of defects are made, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by the City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of services may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by Contractor. The Contractor shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Contractor’s work including, but not limited to, cost of materials and labor extended by the City in making emergency repairs and cost of engineer, inspection and supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made against the City as a result of any defect work and the Contractor shall defend any such claim at his own expense. Where materials or procedures are not specified in the contract, the City relies on the professional judgment of the Contractor to make appropriate selections. 3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised Code of Washington. 3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon a bonfide occupational qualification. 3.5 Employment Any and all employees of the Contractor while engaged in the performance of any work or services required by the Contractor under this agreement, shall be considered employees of the Contractor only and not of the City and any and all claims that may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and any and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall be the sole obligation and responsibility of the Contractor. 4.0 SUBCONTRACTOR RESPONSIBILITY 4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable, have: a. Have Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5.0 COMPENSATION 5.1 The City shall pay the Contractor for the services identified in this contract the total amount of $136,844.13 (amount includes sales tax). Contractor shall submit monthly, for the City’s acceptance, a written Contract Project Estimate setting forth the quantities of work satisfactorily performed to date, and an invoice covering the contract price applicable to the work, unless otherwise directed, the City will, within 30 days after receipt of acceptable Contractor’s estimate and invoice, pay the Contractor the accepted progress invoice less actual accumulated amount previously paid. 5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 6.0 CITY'S RIGHT TO TERMINATE CONTRACT 6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter specified: a. If the Contractor should be adjudged bankrupt. b. If the Contractor should make a general assignment of benefit of his creditors. c. If a receiver should be appointed on the account of insolvency of the Contractor. d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the work. e. If the Contractor shall fail to complete the work within the time specified in the contract. f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or labor. g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State or municipal agencies or subdivisions thereof. h. If Contractor should persistently disregard instructions of Management, or otherwise be guilty of a substantial violation of the contract. 6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated for any reason not previously identified by either party by giving ten (10) days written notice to the other party. In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any further balance of the amount to be paid under this contract until the work shall have been fully finished. At such time, if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the City to Contractor. If such expense and damages shall exceed the unpaid balance, Contractor and his surety and each thereof shall be jointly and severally liable therefore to City and shall pay the difference to the City. Such expense and damage shall include all legal costs incurred by the City in employment of attorneys to protect the rights and interests of the City under the contract; provided such legal costs shall be reasonable. 7.0 OWNERSHIP OF DOCUMENTS 7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished or unfinished documents and material prepared by the Contractor with funds provided by this Agreement shall become the property of the City and shall be forwarded to the City at its request. 7.2 Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Agreement will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order. 8.0 CLAIMS 8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of the contract must be made in writing to the City within thirty (30) days after the discovery of such damage, and in no event later than the time of approval by owner of final payment. Contractor, upon making applications for final payment, shall be deemed to have waived this right to claim for any other damages for which claim has not been made, unless such claim for final payment includes notice of additional claim and fully describes the alleged damage. 9.0 ASSIGNMENT 9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the written consent of the other party. 10.0 MODIFICATION 10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in writing and properly signed by all parties thereto. 11.0 HOLD HARMLESS 11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages sustained by any persons or property resulting in whole or in part from negligent activities or omissions of the Contractor, its agents or other renumeration for services; and if a suit in respect to the above be filed, the Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or settlement made requiring payment of damages by the City, which damages are based in whole or in part on the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same. 12.0 INSURANCE Contractor shall procure and maintain, for the duration of this Agreement, insurance against claims for the injuries to persons or damages to property which may arise from or in connection with the performance of the work thereunder by the Contractor, his agent, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. 12.1 Minimum Limits of Insurance Contractor shall maintain limits no less than: a. Commercial General Liability: insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. b. Automobile Liability: $1,000,000 combined single limit per accident, covering owned and non-owned vehicles. c. Worker's Compensation coverage as required by the Worker's Compensation Act of the State of Washington. 12.2 The Policies are to contain, and be endorsed to contain the following provisions: a. General Liability 1. The City, its officials, employees and volunteers are to be covered as additional insured as respect to liability arising out of activities performed by or on behalf of the Contractor. 2. Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of all policies shall not affect the coverage provided to the City, its officials, employees or volunteers. b. All Coverage Each insurance policy required by this clause shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 12.3 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XIII, or with an insurer acceptable to the City. 12.4 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certification for each insurance policy is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.5 Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein. 12.6 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and limits of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed until coverage is approved by Risk Manager. 13.0 INDEPENDENT CONTRACTOR 13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF ARLINGTON, WASHINGTON: CONTRACTOR: By By Mayor Barbara Tolbert Title City of Arlington Council Agenda Bill Item: NB #1 Attachment E COUNCIL MEETING DATE: August 1, 2016 SUBJECT: Land Use Code Amendment to Title 20, Chapter 20.40 & 20.08 of the AMC relating to Storage Facility Permissible Uses and Definitions ATTACHMENTS: Draft Ordinance, Discussion Items for Storage Facilities, Planning Commission Findings of Fact DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The Permissible Use Table was amended to only allow self-storage unit facilities within General and Light Industrial Zoned areas of the city during the Comprehensive Plan update. The AMC does not address Self-Storage Facilities and the different variations but rather combines all forms of storage into one use. Staff and the Planning Commission have identified the need to differentiate between typical self- storage facilities and the professional, more modern versions that could be beneficial as part of the mixed use concept and provide a useful service in proximity of high- density residential developments. Several meetings (workshops) with the Planning Commission were held, and a Noticed Public Hearing was conducted on July 7, 2016. City of Arlington Council Agenda Bill Item: NB #1 Attachment E HISTORY: The current adopted version of storage facilities reflects an early form of self-storage, often called a “mini-warehouse” – a group of small, one-story metal buildings with numerous overhead doors opening to a grid of asphalt driveways and surrounded by chain link fence. These facilities resemble other industrial uses and it made sense to allow them only in these zones. Changes in urban households have led to a different market for residential storage. The result is a building form that is very different from the earlier style of the “mini-warehouse”. Modern self-storage facilities include multi- story buildings with a single store front entry and an exterior appearance that more resembles a professional office building. Because of their architectural treatments, these facilities can be compatible with more varied settings in commercial areas that are convenient to high-density residential areas where most customers would originate, reducing the need to travel long distances, thus reducing traffic and the carbon footprint. PSRC recently identified that our Comprehensive Plan lacked policies that addressed this concern. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to approve the ordinance amending Chapter 20.40 & 20.08 of the AMC relating to Storage Facility Permissible Uses and Definitions. Discussion Items for Storage Facilities         Background:   The City of Arlington's Land Use Code does not specifically contain a definition of "self-- storage", "storage", or "mini-warehouse" facilities, but rather combines all forms of storage, other than automobiles, aircraft, and hazardous materials, in section 10.000 of the Title 20 table of permissible uses (20.40.010-1). In July and August of 2015, the Planning Commission held numerous public workshops and an open record public hearing for the purpose of updating the Table of Permissible Uses. The Commission subsequently recommended passage of a package of updates to this section. Among other changes, the recommendations included removal of self-storage facilities from the Highway Commercial Zone, limiting these uses to our General and Light Industrial zones. On October 5th, 2015 Council voted to update the AMC, Section 20.40.010, Table of Permissible Uses, following the Planning Commission's recommendations. No specific design standards or parking and loading standards currently exist for the use "storage". There is also no distinction made between storage in rented space and storage in privately owned space, such as garages, storage sheds, or containers located on private residential property. The City currently has a permit application for a proposed modern style storage facility to locate in the Highway Commercial zone. Under the current code, this location would not be allowed.     Issue:   The adopted treatment of storage unit location reflects an early form of self-storage, often called a "mini-warehouse" facility that consists of a group of small, one-story metal buildings with numerous overhead doors opening to a grid of asphalt driveways ringed by chain link fence and often including accessory outdoor storage yards. These facilities are often regulated to industrial districts because they resembled other one- story metal buildings that are common in industrial districts or rural highway corridors. We have several examples of these early storage facilities in Arlington and North Marysville.   Changes in urban households have led to a different market for residential storage. The result is a building form that is very different from the earlier style of "mini-warehouses". Modern self-storage facilities include multi-story buildings with a single storefront entry and an exterior appearance and architectural features resembling a multi-story office building. These buildings feature elevators, internal corridors accessing storage spaces of various sizes and concealing the roll-up doors. Most, if not all of the self-storage units are climate-controlled. There does not need to be outdoor storage or large loading docks. In some cases, there are fenestrated exterior access corridors that are day- lighted.   Because of their architectural treatments, these facilities can be compatible with more varied settings in commercial areas that are convenient to high-density residential areas where most customers originate, creating an opportunity for residential customers to not have to drive back and forth to storage facilities. Thus reducing traffic, emissions and carbon footprint. PSRC recently identified that our Comprehensive Plan lacked policies that addressed these concerns. 1   Staff is bringing this matter to the Planning Commission to reconsider the treatment of this type of self- storage facility by taking a finer grained look at the location and design of a variety of storage configurations and perhaps allowing the more contemporary multi-story self-storage buildings with interior access to be permitted in Arlington's Highway Commercial zones and possibly in the mixed-use overlay zones. In addition, staff is requesting that some differentiation be established between commercial and private storage activity.     Recommended Actions – Phase I: 1. Staff recommends amending AMC Section 20.40.010, Table of Permissible Uses 20.40-1 as follows: 10.210 Multi-Storied, Self-Storage Facility (as described in Section 20.08.010 Definitions) to be permitted in the Highway Commercial, Light Industrial, and General Industrial zones. 10.220 Self-storage facility (as described in Section 20.08.010 Definitions) to be permitted in Light industrial and General Industrial zones. 10.230 Warehouse storage facility (as described in Section 20.08.010 Definitions) to be permitted in Light Industrial and General Industrial zones.   2. Staff recommends amending AMC Section 20.08.010, Basic Definitions and Interpretations as follows:   Multi-Storied Self-Storage Facility, - a type of multi-story self-storage use that provides climate controlled space for interior units. With no individual storage exceeding 300sf. Storage to consist of personal property of household and small businesses. A minimum of 35% approved glazing required on front façade. A minimum of 1,000sf shall be utilized as office/retail on ground floor. Shall provide either 24- hour security or video surveillance. No space shall be used for residential occupancy, business sales or operation, storage of commercial or industrial inventory or raw materials, and no space may allow workspace or operation of machinery. Self-Storage Facility- A development of one or more enclosed structures providing individually accessible compartments each of which is leased to the general public for the purpose of storing non-hazardous personal property and not used for residential occupancy, business operation, storage of commercial or industrial inventory or operation of machinery. (Except for equipment used in the operation of the facility, i.e. forklifts or cranes) Warehouse Storage - A development of one or more enclosed structures providing individually accessible or generally accessible areas for temporary storage of bulk merchandise or inventory of commercial goods to be utilized at a separate location. This use shall not to be used for residential occupancy, business operation, or operation of machinery within the leased space. (Except for equipment used in the operation of the facility, i.e. forklifts or cranes) 2 Recommended Actions – Phase II: 1. Staff recommends that a new Section 20.44.085 be added to the Supplemental Use Regulations to include design standards for all Storage/Warehouse facilities as follow General Objectives: Building design shall reinforce a human scaled environment through careful consideration of architectural form, massing, detail, material and color. These design standards establish criteria, but are not intended to dictate building styles. Development that provides a positive experience for the motorist driving by and the pedestrian viewing the building up close; exhibits a thoughtful consideration of scale, form, orientation, height, setback, massing, materials and architectural features; provides a permanent, positive addition to the commercial district, constructed of high quality, long lasting material.   For Permissible use 10.210-Multi-Storied Self Storage Facility 1. No individual storage space shall be larger than 300 square feet. 2. Storing hazardous, flammable, or toxic materials is prohibited. (Must follow the International Fire Code Regulations) 3. Storage shall be limited to personal property of households and small businesses. 4. No space may be used for residential occupancy, business sales or operation, storage of commercial or industrial inventory or raw materials, and no space may allow workspace or operation of machinery. 5. The facility shall consist of a single building that is a minimum of two stories in height. 6. A minimum of 25 percent of the front facade shall consist of approved glazing. . 7. No outdoor storage is allowed. 8. Up to 20 percent of ground floor area may be used for administrative offices and related product sales. 9. Multi-Storied Self-Storage Facilities must provide 24-hour security or camera surveillance. For Permissible use 10.220- Self Storage Facility 1. No individual storage space shall be larger than 300 square feet. 2. Storing hazardous, flammable, or toxic materials is prohibited. (Must follow the International Fire Code Regulations) 3. Storage shall be limited to personal property of households and small businesses. 4. No space may be used for residential occupancy, business sales or operation, storage of commercial or industrial inventory or raw materials, and no space may allow workspace or operation of machinery. 5. No outdoor storage is allowed, in Light Industrial Zone. 6. Up to 20 percent of ground floor area may be used for administrative offices and related product sales. 7. Self-Storage Facilities must provide 24-hour security or camera surveillance. For Permissible use 10.230-Warehouse Storage Facility 1. Follow the General Objective of this Chapter 20.44.085 2. Follow COA Design Guidelines 3. No outdoor storage is allowed in Light Industrial Zone. 4 2. Table of Parking Requirement – Table 20.72-1                                                                                             5    Use Parking Requirement 10.210 1 space per 50 storage units, plus 1 space per 500 square feet of gross floor area devoted to sales or display. 10.220 1 space per 50 storage units, plus 1 space per 500 square feet of gross floor area devoted to sales or display. 10.230 1 space for every 4 employees on maximum shift but not less than 1 space per 10,000 square feet of area devoted to storage. 1 space per 500 square feet of gross floor area devoted to an office. 10.240 1 space for every 4 employees on maximum shift but not less than 1 space per 10,000 square feet of area devoted to storage, whether inside or outside. 1 space per 500 square feet of gross floor area devoted to an office. Footnote 28- No outdoor storage allowed. 3 Use Descriptions SR RLMD RMD RHD OTR NC OTBD  1 OTBD  2 OTBD  3 GC HC BP LI GI AF MS P/SP 10.000  STORAGE & PARKING  10.100 Off‐site automobile  parking garages or parking  lots               ZS ZS ZS ZS ZS ZS ZS     ZSC  10.200 Storage of goods not  related to sale or use of those  goods on the same lot where  they are stored                    10.210 Multi‐Story Self‐ Storage Facility.                    ZS28   ZS28 ZS       10.220 Self‐Storage Facility                         ZS28  ZS       10.230 Warehouse Storage  Facility                        ZS28 ZS       10.240 Storage partially or  fully outside completely  enclosed structure                           ZS       10.300 Parking of vehicles or  storage of equipment outside  enclosed structures where: (I)  vehicles or equipment are  owned and used by the  person making use of lot, and  (II) parking or storage is  more than a minor and  incidental part of the overall  use made of the lot                           ZS     ZSC  10.400 Parking or storage of  aircraft, either inside or outsid completely enclosed structures                            Z      ORDINANCE No. 2016-XXX 1   ORDINANCE NO. 2016-XXX AN ORDINANCE RELATING TO LAND USE AND ZONING AND AMENDING CHAPTER 20.40 & 20.08 OF THE ARLINGTON MUNICIPAL CODE WHEREAS, the City of Arlington planning staff has reviewed the provisions of Arlington Municipal Code Chapter 20.40 in connection with Permissible Uses and Chapter 20.08 in connection with Definitions and Interpretations; and WHEREAS, the Arlington Planning Commission ("Planning Commission") met to discuss amendment of the ordinance at its regular meeting on June 21, 2016; and conducted a public hearing following proper legal notice on July 7, 2016; and WHEREAS, the City should promote development that provides a positive experience for the motorist and pedestrians alike through consideration of scale, form, orientation, height, setback, massing, materials, and architectural features that provides for a permanent, positive addition to our commercial district; and WHEREAS, the City Council was briefed on the issue on July 11, 2016; and on July 18, 2016, the City Council considered public comments and the entire record related to the proposal contained in this ordinance; and WHEREAS, following the same, the City Council deliberated on the code amendment contained in this ordinance and found that amendment of the ordinance was in the best interests of the citizens and the City; NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. Arlington Municipal Code 20.08.010 (Definition of Basic Terms) shall be and hereby is modified to add the following definitions for “Multi-Storied Self-Storage Facility”, “Self-Storage Facility”, and “Warehouse storage”: “Multi-Storied Self-Storage Facility” – a type of multi-story self-storage use that provides climate controlled space for interior units with interior access only with no individual storage space greater than 300sf. Storage to consist of personal property of household items and or small business supplies. A minimum of 35% approved glazing required on front façade. A minimum of 1,000sf shall be utilized as office/retail on the ground floor. 24-hour security or video surveillance is required. No space shall be used for residential occupancy, business sales or operation, storage of commercial or industrial inventory or hazardous materials, and no space shall be utilized as workspace or operation of machinery. “Self-Storage Facility” – a development of one or more enclosed structures providing individual accessible compartments, each of which is leased to the general ORDINANCE No. 2016-XXX 2   public for the purpose of storing non-hazardous personal property and not used for residential occupancy, commercial, business, or industrial operations. “Self-Storage Facility” shall be considered synonymous with mini-storage. “Warehouse Storage” – a development of one or more enclosed structures providing individual accessible or generally accessible areas for temporary storage of bulk merchandise or inventory of commercial goods to be utilized in a separate location. This use shall not be used for residential occupancy, commercial or business operations, or operation of machinery within the leased space (except for equipment used in the operation of the facility, i.e. fork lifts, cranes, or similar equipment). The term “warehouse” does not refer to “self-storage facilities.” Section 2. A portion of Arlington Municipal Code Section 20.40.010 (Table of Permissible Uses) shall be and hereby is modified to amend use codes 10.210 through 10.220 and to add a new use code 10.230 and footnote 28 to read as follows: Table 20.40-1: Table of Permissible Uses USE  DESCRIP‐ TIONS  ZONES  SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP      10.210  Multi‐ Storied Self‐ Storage  Facility                ZS28  ZS28 ZS           10.220  Self‐Storage  Facility                       ZS28 ZS      10.230  Warehouse  Storage  Facility                       ZS28 ZS      28 No outside storage Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication. ORDINANCE No. 2016-XXX 3   Section 4. 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 5. Copy to Commerce Department. Pursuant to RCW 36.70A.106 (3), the City Clerk is directed to send a copy of this ordinance to the State Department of Commerce for its files within ten (10) days after adoption of this ordinance. PASSED BY the City Council and APPROVED by the Mayor this _______ day of July, 2016. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor Attest: __________________________ Kristin Banfield, City Clerk Approved as to form: __________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: NB #2 Attachment F COUNCIL MEETING DATE: August 1, 2016 SUBJECT: Ordinance to Establish Arlington Youth Council ATTACHMENTS: Draft Ordinance and excerpt from ABC Community Revitalization Plan DEPARTMENT OF ORIGIN Administration EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Developing a Youth Council in Arlington is Strategy 3.1 of the Arlington-Darrington Community Revitalization Plan, America’s Best Communities. The purpose of the Youth Council is to advise the Mayor and City Council in all matters related to and affecting the youth in our community and provide youth perspectives on a range of community issues and topics. The youth council is structured to create an essential link among Arlington's teens, the community, and city government. The City will provide staff support for the Youth Council. Darrington will be setting up their own Youth Council. There is a $10,000 budget from America’s Best Communities to pay for a part time coordinator/advisor and materials for the year for Arlington and Darrington. Long term budget support will need to be provided by the City of Arlington. City of Arlington Council Agenda Bill Item: NB #2 Attachment F HISTORY: From the Plan: “One critical component of community and workforce development is supporting the youth of today to become the leaders of tomorrow. Smaller rural communities frequently lose their young people as they move out of the area to pursue higher education and entry-level careers, resulting in a “brain drain” of talent needed to sustain a vibrant local economy. This strategy establishes independent youth councils that will focus on issues of interest to youth leaders by integrating young people into the political process and equipping them with the skills and resources to address these problems. The objective is to encourage young people to make meaningful contributions to their respective communities and the region as a whole through the creation of autonomous youth councils in Arlington and Darrington. Ultimately, the intent is to give them a sense of investment and a bond that will promote the Stillaguamish Valley as a place where they can grow professionally in the future.” ALTERNATIVES Do not create Arlington Youth Council. RECOMMENDED MOTION: I move to approve the ordinance establishing a City of Arlington Youth Council and authorize the Mayor to sign the ordinance. ORDINANCE NO. 2016-XXX 1 ORDINANCE NO. 2016--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ADDING NEW CHAPTER 2.106 TO THE ARLINGTON MUNICIPAL CODE ESTABLISHING A YOUTH COUNCIL WHEREAS, the city council believes that youth are an important part of the Arlington community and their needs and well-being are a legitimate concern of the City of Arlington; and WHEREAS, it is important that today’s youth be encouraged to take interest in local government and community and that opportunities be created to foster civic participation by young people; and WHEREAS, establishment of a City of Arlington Youth Council will ensure that the voice of Arlington's young people is a part of the dialogue when talking about how the community builds for tomorrow; and WHEREAS, the purpose of the youth council is to serve as an advisory committee to the city council, and other boards and commissions, on issues affecting the youth of the community; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. A new chapter 2.106 is hereby added to the Arlington Municipal Code, to read as follows: 2.106 YOUTH COUNCIL 2.106.010 Purpose. 2.106.020 Membership. 2.106.030 Chairperson. 2.106.040 Meetings. 2.106.050 Attendance at Regular Meetings—Forfeiture of Office. 2.106.060 Responsibilities. 2.106.010 Purpose. The purpose of the youth council is to advise the mayor and city council in all matters related to and affecting the youth in our community and provide youth perspectives on a range of community issues and topics. The youth council is structured to create an essential link among Arlington's teens, the community, and city government. ORDINANCE NO. 2016-XXX 2 2.106.020. Membership. The City of Arlington Youth Council shall consist of seven members, who shall reside within the Arlington School District or have an Arlington address. (a) Members shall be selected through an application process and shall be appointed by the mayor with the consent of the city council. (b) Youth Council members shall serve a term of one year, commencing on September 1 and ending June 1. Members may re-apply to serve more than one term. (d) Members shall be entering 8th grade through the 12th grade at the time of application. 2.106.030. Chairperson. The youth council shall elect a chairperson and vice-chairperson from their members during the month of September. At the expiration of their terms, both officers may run for re-election. The chairperson will preside at all meetings and the vice-chairperson will preside if the chairperson is absent. The city will provide staff support for the youth council. 2.106.040. Meetings. For the first year, beginning in September 2016, regular meetings of the Arlington Youth Council will be held on the second and fourth Thursdays of each month in Arlington, Washington; provided, however, that whenever such regular meeting day falls on a Thursday declared in RCW 1.16.050 now or in the future as a legal holiday, then the regular meeting of the youth council will be cancelled or rescheduled. The youth council shall have the power to determine meeting dates, times and locations. 2.106.050. Attendance at regular meetings - Forfeiture of Office. Any youth council member with unexcused absences from more than half of all regularly scheduled youth council meetings during any six-month period, or with unexcused absences from any three consecutive regularly scheduled meetings, will forfeit his or her office, and the mayor, upon being so advised by the youth council, will appoint a new member to serve the unexpired term of the youth council member whose office was forfeited. 2.106.060. Responsibilities. The youth council is an advisory board authorized to make recommendations to the city council on the following matters and take the following actions: (a) Policy matters affecting the youth of the community; (b) Planning, organizing, coordinating and participating in social, cultural, recreational, educational and other activities for youth in our community; (c) Examining methods of funding for youth initiatives, both from the city's annual budget, as well as attention to grants and partnerships that may be available; (d) Working to get more youth involved in government and community by engaging with other students in the community and serving as role models for all youth in Arlington; (e) Occasionally, embarking on tours, community meetings, or community service projects in lieu of meetings or in addition to the meetings; (f) Attending annual Joint Meetings with the Arlington City Council, Arlington Public Schools, and Cascade Valley Hospital and Clinics. ORDINANCE NO. 2016-XXX 3 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 or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. PASSED BY the City Council and APPROVED by the Mayor this _____ day of ________, 2016. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Kristin Banfield, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney 12 Arlington & Darrington | America’s Best Communities | Community Revitalization Plan TACTICS Tactic 2.1.1: Hire Part-Time Coordinator A part-time coordinator will be employed to coordinate the youth councils. Position duties will focus on streamlining initial implementation, with long-term management coordinated by Arlington and Darrington staff. Tactic 2.1.2: Arrange Materials and Operations Budgets Management of the youth councils will be independent to encourage self-direction by the participants. To support this, the town councils and other partnering agencies will look to provide sustainable, long-term budget support for materials and operations. Tactic 2.1.3: Organize Annual Retreat Although the focus of youth councils will be on local areas, a regional retreat will be held annually to establish regional priorities, identify opportunities for collaboration, and celebrate major accomplishments. RESOURCES AND RELATIONSHIPS Arlington and Darrington School Districts, Glacier Peak Institute, North Counties Family Services, 4-H, Boys and Girls Club ERP CROSS-REFERENCES >>Invest in the development of strong workforce talent across all demographics (3.1) >> Expand programming and recreation opportunities for youth (3.5) WHERE DO WE GO NEXT? After this initial start-up period, these youth councils are envisioned to continue their efforts for years to come, evolving and expanding their reach as they become firmly established. SUMMARY & OBJECTIVE One critical component of community and workforce development is supporting the youth of today to become the leaders of tomorrow. Smaller rural communities frequently lose their young people as they move out of the area to pursue higher education and entry-level careers, resulting in a “brain drain” of talent needed to sustain a vibrant local economy. This strategy establishes independent youth councils that will focus on issues of interest to youth leaders by integrating young people into the political process and equipping them with the skills and resources to address these problems. The objective is to encourage young people to make meaningful contributions to their respective communities and the region as a whole through the creation of autonomous youth councils in Arlington and Darrington. Ultimately, the intent is to give them a sense of investment and a bond that will promote the Stillaguamish Valley as a place where they can grow professionally in the future. MEASUREMENTS & OUTCOMES Demonstrated effectiveness and sustainability of youth council model and increased rates of retention / return for younger people in the region, as measured by: >>Participation rate / demographics of participants >>Attendance at meetings / retreat >>Projects implemented BUDGET: $10,000 COMMUNITY & WORKFORCE DEV. Strategy 3.1: Arlington and Darrington Youth Councils City of Arlington Council Agenda Bill Item: NB #3 Attachment G COUNCIL MEETING DATE: August 1, 2016 SUBJECT: Draft Resolution Between the City of Marysville and the City of Arlington ATTACHMENTS: Draft Resolution DEPARTMENT OF ORIGIN Administration EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City of Marysville and the City of Arlington are proposing a Resolution of Intent between the two cities to form a regional fire protection service authority planning committee, which is the first ste in formin a re ional fire authorit . HISTORY: The City of Marysville and the City of Arlington share a contiguous border in the Smokey Point area and both cities wish to provide high quality fire and emergency medical service to residents. Both cities have cooperated in the past to provide this services. Chapter 52.26 of the RFW authorizes two or more fire protection jurisdictions to form a regional authority or RFA, which is a special purpose district created by the vote of the people in the proposed district. The first step in planning an RFA is to appoint a planning committee to draft a regional fire protection service authority plan. ALTERNATIVES Do not approve resolution. RECOMMENDED MOTION: I move to approve the Resolution of Intent between the City of Marysville and the City of Arlington and authorize the Mayor to sign the resolution. RESOLUTION NO. 2016-XXX RESOLUTION NO. 2016-XXX A RESOLUTION OF INTENT TO FORM A REGIONAL FIRE PROTECTION SERVICE AUTHORITY PLANNING COMMITTEE WHEREAS, the City of Marysville and the City of Arlington share a contiguous border in the Smokey Point area; and WHEREAS, both cities wish to provide high quality fire and emergency medical services to their residents; and WHEREAS, the cities have cooperated in the past in providing these services; and WHEREAS, chapter 52.26 RCW authorizes two or more fire protection jurisdictions to form a regional fire service authority commonly known as a regional fire authority or “RFA”; and WHEREAS, an RFA is a special purpose district created by the vote of the people residing in the proposed district; and WHEREAS, the first step in forming an RFA is to appoint a planning committee to draft a regional fire protection service authority plan; and WHEREAS, the planning committee is composed of three elected officials appointed by the governing bodies of each of the participating fire protection jurisdictions; and WHEREAS, upon receipt of the plan, the governing bodies of the fire protection jurisdiction may certify the plan to ballot and put the plan before the voters for their approval or rejection; and WHEREAS, the plan should result in a governing board that proportionally represents the taxpayers in the RFA; and WHEREAS, representation of the RFA board shall be based on the respective assessed values and populations in Marysville and Arlington; and WHEREAS, both cities believe that the public health and safety of their residents may benefit from the formation of an RFA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: RESOLUTION NO. 2016-XXX 1. That the City of Arlington approves the formation of an RFA planning committee to be formed consisting of three Marysville City Councilmembers and three Arlington City Councilmembers. ADOPTED by the City Council at an open public meeting and APPROVED by the Mayor this ____day of ___________, 2016. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor ATTEST: ________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney