HomeMy WebLinkAbout07-24-17 Council Workshop Revised
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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
Mayor Barb Tolbert
Mayor's Volunteer Award ‐ Mike and Terri Schur
Stacy Anderson ‐ Day of Hope presentation
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Urban Center / Tax Exemption Amendment ATTACHMENT A
Staff Presentation: Marc
Council Liaison: Mike Hopson
2. Proposed Water and Sewer Rate Structure Changes ATTACHMENT B
Staff Presentation: Jim Kelly
Council Liaison: Mayor Pro Tem Debora Nelson
3. Arlington Valley Road Right of Way Acquisition ATTACHMENT C
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson/Jesica Stickles
4. Murraysmith, Inc. Contract for Water and Pavement Design Services ATTACHMENT D
Staff Presentation: Jim Kelly
Council Liaison: Mayor Pro Tem Debora Nelson
5. Hayden Park Utility Extension Agreement Amendment ATTACHMENT E
Staff Presentation: Jim Kelly
Council Liaison: Mayor Pro Tem Debora Nelson
6. June Financial Report ATTACHMENT F
Staff Presentation: Kristin Garcia
Arlington City Council Workshop
Monday, July 24, 2017 at 7:00 pm
City Council Chambers – 110 E 3rd Street
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.
7. Proposed Ordinance Legislation: “Stay Out of Designated Area (SODA)” ATTACHMENT G
Staff Presentation: Jonathan Ventura
Council Liaison: Jesica Stickles/Marilyn Oertle
8. Miscellaneous Council Items
EXECUTIVE SESSION
RECONVENE
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
ADJOURNMENT
City of Arlington
Council Agenda Bill
Item:
WS #1
Attachment
A
COUNCIL MEETING DATE:
July 24, 2017
SUBJECT:
Urban Center/Multi‐Family Tax Exemption
ATTACHMENTS:
Planning Commission Findings of Fact, RCW 84.14.005, Annual Report Form
DEPARTMENT OF ORIGIN
Community & Economic Development – Marc Hayes 360‐403‐3457
EXPENDITURES REQUESTED: ‐0‐
BUDGET CATEGORY: N/A
BUDGETED AMOUNT: N/A
LEGAL REVIEW:
DESCRIPTION:
As allowed by RCW 84.14.005; the purpose of this exemption is to promote new construction, the
rehabilitation of existing vacant or underutilized buildings for multifamily housing in residentially
deficient urban centers. Please refer to RCW 84.14.020 (attached), specifically (ii) (A) (B) for the
exemption criteria.
HISTORY:
This item was placed on the docket for consideration. Through the review process staff evaluated
the proposed tax exemption and concluded that it could have negative impacts on future revenues
and provided no incentive value to the City at this time. This staff report was presented to the
Planning Commission at a Public Hearing on June 21, 2017. The Planning Commission unanimously
voted to disapprove recommendation of the proposed Urban Center/Multi‐Family tax exemption.
ALTERNATIVES:
Deny, approve or remand back to staff for additional information.
RECOMMENDED MOTION:
Workshop; discussion only. At the August 7, 2017 council meeting the proposed motion will be “ I
move to disapprove the proposed comprehensive plan amendment relating to an Urban Center/
Multi‐Family Tax Exemption, as described in RCW 84.14.005”
Findings of Fact
City of Arlington Planning Commission
CPA Urban Center/Tax Exemption
Page 1 of 2
City of Arlington Community and Economic Development
Planning Commission
18204 59th Avenue NE, #B Arlin ton, WA 98223
Regarding:
Comprehensive Plan Amendment regarding the Urban Center/Multi‐family Tax Exemption,
PLN# 308
Summary:
The Planning Commission held a Public Hearing on June 21, 2017 for the Urban
Center/Multi‐family Tax Exemption. The Planning Commission transmits the following
findings and recommendation to the City Council:
Findings:
1. State law (RCW 36.70A.130) allows Cities to amend their Comprehensive Plans once
annually. The Council recently updated and clarified the docketing process for
review of all proposed amendments as part of an effort to insure that these
proposed changes were considered together.
2. In addition, AMC 20.96.024 establishes qualifying criteria for amendments to the
Comprehensive Plan that must be met for inclusion on the Docket.
3. Comprehensive Plan amendments can be proposed either by private parties, or by
the City. In either case, the proposed amendment is subject to the same docketing
procedures. The only exception is for emergency amendments, none of which were
proposed for the 2017 docket.
4. The items included on the 2017 Comprehensive Plan Amendment Docket all meet
the submission requirements and specific criteria contained in AMC 20.96 sections
010 through 060.
5. This comprehensive Plan amendment, proposed by the City, would modify Chapter
Four of the Comprehensive Plan to allow, under certain circumstances, a property
tax exemption for multi‐family development or re‐development. This property tax
exemption was allowed by Washington’s Engrossed Second Substitute House Bill
1910.
6. The Commission agrees with the staff report that this amendment would be in direct
conflict with the Mixed‐Use Place Types established within the proposed Mixed‐Use
Regulations. In addition, this amendment could have a significant negative impact
on future City revenues with little or no incentive value for desired development.
Conclusion and Recommendation:
Based on the foregoing findings and testimony received at the public hearing, the Planning
Commission herby recommends, on a unanimous vote, that the City Council disapprove the
proposed Urban Center/Multi‐family tax exemption.
Findings of Fact
City of Arlington Planning Commission
CPA Urban Center/Tax Exemption
Page 2 of 2
.
Respectfully submitted through the Department of Community and Economic Development
to the City Council this twenty‐first day of June, 2017 by:
____________________________________________________
Bruce Angell
City of Arlington Planning Commission Chair
RCW 84.14.005
Findings.
The legislature finds:
(1) That in many of Washington's urban centers there is insufficient availability of desirable
and convenient residential units, including affordable housing units, to meet the needs of a
growing number of the public who would live in these urban centers if these desirable,
convenient, attractive, affordable, and livable places to live were available;
(2) That the development of additional and desirable residential units, including affordable
housing units, in these urban centers that will attract and maintain a significant increase in the
number of permanent residents in these areas will help to alleviate the detrimental conditions and
social liability that tend to exist in the absence of a viable mixed income residential population
and will help to achieve the planning goals mandated by the growth management act under RCW
36.70A.020; and
(3) That planning solutions to solve the problems of urban sprawl often lack incentive and
implementation techniques needed to encourage residential redevelopment in those urban centers
lacking a sufficient variety of residential opportunities, and it is in the public interest and will
benefit, provide, and promote the public health, safety, and welfare to stimulate new or enhanced
residential opportunities, including affordable housing opportunities, within urban centers
through a tax incentive as provided by this chapter.
[2007 c 430 § 1; 1995 c 375 § 1.]
RCW 84.14.007
Purpose.
It is the purpose of this chapter to encourage increased residential opportunities, including
affordable housing opportunities, in cities that are required to plan or choose to plan under the
growth management act within urban centers where the governing authority of the affected city
has found there is insufficient housing opportunities, including affordable housing opportunities.
It is further the purpose of this chapter to stimulate the construction of new multifamily housing
and the rehabilitation of existing vacant and underutilized buildings for multifamily housing in
urban centers having insufficient housing opportunities that will increase and improve residential
opportunities, including affordable housing opportunities, within these urban centers. To achieve
these purposes, this chapter provides for special valuations in residentially deficient urban
centers for eligible improvements associated with multiunit housing, which includes affordable
housing. It is an additional purpose of this chapter to allow unincorporated areas of rural counties
that are within urban growth areas to stimulate housing opportunities and for certain counties to
stimulate housing opportunities near college campuses to promote dense, transit-oriented,
walkable college communities.
[2014 c 96 § 2; 2012 c 194 § 1; 2007 c 430 § 2; 1995 c 375 § 2.]
RCW 84.14.020
Exemption — Duration — Valuation.
(1)(a) The value of new housing construction, conversion, and rehabilitation improvements
qualifying under this chapter is exempt from ad valorem property taxation, as follows:
(i) For properties for which applications for certificates of tax exemption eligibility are
submitted under chapter 84.14 RCW before July 22, 2007, the value is exempt for ten successive
years beginning January 1 of the year immediately following the calendar year of issuance of the
certificate; and
(ii) For properties for which applications for certificates of tax exemption eligibility are
submitted under chapter 84.14 RCW on or after July 22, 2007, the value is exempt:
(A) For eight successive years beginning January 1st of the year immediately following the
calendar year of issuance of the certificate; or
(B) For twelve successive years beginning January 1st of the year immediately following the
calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption
under chapter 84.14 RCW and meets the conditions in this subsection (1)(a)(ii)(B). For the
property to qualify for the twelve-year exemption under this subsection, the applicant must
commit to renting or selling at least twenty percent of the multifamily housing units as affordable
housing units to low and moderate-income households, and the property must satisfy that
commitment and any additional affordability and income eligibility conditions adopted by the
local government under this chapter. In the case of projects intended exclusively for owner
occupancy, the minimum requirement of this subsection (1)(a)(ii)(B) may be satisfied solely
through housing affordable to moderate-income households.
(b) The exemptions provided in (a)(i) and (ii) of this subsection do not include the value of
land or nonhousing-related improvements not qualifying under this chapter.
(2) When a local government adopts guidelines pursuant to RCW 84.14.030(2) and includes
conditions that must be satisfied with respect to individual dwelling units, rather than with
respect to the multiple-unit housing as a whole or some minimum portion thereof, the exemption
may, at the local government's discretion, be limited to the value of the qualifying improvements
allocable to those dwelling units that meet the local guidelines.
(3) In the case of rehabilitation of existing buildings, the exemption does not include the value
of improvements constructed prior to the submission of the application required under this
chapter. The incentive provided by this chapter is in addition to any other incentives, tax credits,
grants, or other incentives provided by law.
(4) This chapter does not apply to increases in assessed valuation made by the assessor on
nonqualifying portions of building and value of land nor to increases made by lawful order of a
county board of equalization, the department of revenue, or a county, to a class of property
throughout the county or specific area of the county to achieve the uniformity of assessment or
appraisal required by law.
(5) At the conclusion of the exemption period, the new or rehabilitated housing cost shall be
considered as new construction for the purposes of chapter 84.55 RCW.
[2007 c 430 § 4; 2002 c 146 § 2; 1999 c 132 § 1; 1995 c 375 § 5.]
RCW 84.14.030
Application — Requirements.
An owner of property making application under this chapter must meet the following
requirements:
(1) The new or rehabilitated multiple-unit housing must be located in a residential targeted
area as designated by the city or county;
(2) The multiple-unit housing must meet guidelines as adopted by the governing authority that
may include height, density, public benefit features, number and size of proposed development,
parking, income limits for occupancy, limits on rents or sale prices, and other adopted
requirements indicated necessary by the city or county. The required amenities should be relative
to the size of the project and tax benefit to be obtained;
(3) The new, converted, or rehabilitated multiple-unit housing must provide for a minimum of
fifty percent of the space for permanent residential occupancy. In the case of existing occupied
multifamily development, the multifamily housing must also provide for a minimum of four
additional multifamily units. Existing multifamily vacant housing that has been vacant for twelve
months or more does not have to provide additional multifamily units;
(4) New construction multifamily housing and rehabilitation improvements must be
completed within three years from the date of approval of the application;
(5) Property proposed to be rehabilitated must fail to comply with one or more standards of
the applicable state or local building or housing codes on or after July 23, 1995. If the property
proposed to be rehabilitated is not vacant, an applicant must provide each existing tenant housing
of comparable size, quality, and price and a reasonable opportunity to relocate; and
(6) The applicant must enter into a contract with the city or county approved by the governing
authority, or an administrative official or commission authorized by the governing authority,
under which the applicant has agreed to the implementation of the development on terms and
conditions satisfactory to the governing authority.
[2012 c 194 § 3; 2007 c 430 § 5; 2005 c 80 § 1; 1997 c 429 § 42; 1995 c 375 § 6.]
Notes:
Severability -- 1997 c 429: See note following RCW 36.70A.3201.
RCW 84.14.040
Designation of residential targeted area — Criteria — Local designation —
Hearing — Standards, guidelines.
(1) The following criteria must be met before an area may be designated as a residential targeted
area:
(a) The area must be within an urban center, as determined by the governing authority;
(b) The area must lack, as determined by the governing authority, sufficient available,
desirable, and convenient residential housing, including affordable housing, to meet the needs of
the public who would be likely to live in the urban center, if the affordable, desirable, attractive,
and livable places to live were available;
(c) The providing of additional housing opportunity, including affordable housing, in the area,
as determined by the governing authority, will assist in achieving one or more of the stated
purposes of this chapter; and
(d) If the residential targeted area is designated by a county, the area must be located in an
unincorporated area of the county that is within an urban growth area under RCW 36.70A.110
and the area must be: (i) In a rural county, served by a sewer system and designated by a county
prior to January 1, 2013; or (ii) in a county that includes a campus of an institution of higher
education, as defined in RCW 28B.92.030, where at least one thousand two hundred students
live on campus during the academic year.
(2) For the purpose of designating a residential targeted area or areas, the governing authority
may adopt a resolution of intention to so designate an area as generally described in the
resolution. The resolution must state the time and place of a hearing to be held by the governing
authority to consider the designation of the area and may include such other information
pertaining to the designation of the area as the governing authority determines to be appropriate
to apprise the public of the action intended.
(3) The governing authority must give notice of a hearing held under this chapter by
publication of the notice once each week for two consecutive weeks, not less than seven days,
nor more than thirty days before the date of the hearing in a paper having a general circulation in
the city or county where the proposed residential targeted area is located. The notice must state
the time, date, place, and purpose of the hearing and generally identify the area proposed to be
designated as a residential targeted area.
(4) Following the hearing, or a continuance of the hearing, the governing authority may
designate all or a portion of the area described in the resolution of intent as a residential targeted
area if it finds, in its sole discretion, that the criteria in subsections (1) through (3) of this section
have been met.
(5) After designation of a residential targeted area, the governing authority must adopt and
implement standards and guidelines to be utilized in considering applications and making the
determinations required under RCW 84.14.060. The standards and guidelines must establish
basic requirements for both new construction and rehabilitation, which must include:
(a) Application process and procedures;
(b) Requirements that address demolition of existing structures and site utilization; and
(c) Building requirements that may include elements addressing parking, height, density,
environmental impact, and compatibility with the existing surrounding property and such other
amenities as will attract and keep permanent residents and that will properly enhance the
livability of the residential targeted area in which they are to be located.
(6) The governing authority may adopt and implement, either as conditions to eight-year
exemptions or as conditions to an extended exemption period under RCW 84.14.020(1)(a)(ii)(B),
or both, more stringent income eligibility, rent, or sale price limits, including limits that apply to
a higher percentage of units, than the minimum conditions for an extended exemption period
under RCW 84.14.020(1)(a)(ii)(B). For any multiunit housing located in an unincorporated area
of a county, a property owner seeking tax incentives under this chapter must commit to renting
or selling at least twenty percent of the multifamily housing units as affordable housing units to
low and moderate-income households. In the case of multiunit housing intended exclusively for
owner occupancy, the minimum requirement of this subsection (6) may be satisfied solely
through housing affordable to moderate-income households.
[2014 c 96 § 4; 2012 c 194 § 4; 2007 c 430 § 6; 1995 c 375 § 7.]
Notes:
Tax preference performance statement -- 2014 c 96: "This section is the tax preference
performance statement for the tax preference contained in RCW 84.14.040 and 84.14.060. This
performance statement is only intended to be used for subsequent evaluation of the tax preference. It is
not intended to create a private right of action by any party or be used to determine eligibility for
preferential tax treatment.
(1) The legislature categorizes this tax preference as one intended to induce certain designated
behavior by taxpayers, as indicated in RCW 82.32.808(2)(a).
(2) It is the legislature's specific public policy objective to stimulate the construction of new
multifamily housing in urban growth areas located in unincorporated areas of rural counties where
housing options, including affordable housing options, are severely limited. It is the legislature's intent
to provide the value of new housing construction, conversion, and rehabilitation improvements
qualifying under chapter 84.14 RCW an exemption from ad valorem property taxation for eight to
twelve years, as provided for in RCW 84.14.020, in order to provide incentives to developers to
construct new multifamily housing thereby increasing the number of affordable housing units for low
to moderate-income residents in certain rural counties.
(3) If a review finds that at least twenty percent of the new housing is developed and occupied by
households making at or below eighty percent of the area median income, at the time of occupancy,
adjusted for family size for the county where the project is located or where the housing is intended
exclusively for owner occupancy, the household may earn up to one hundred fifteen percent of the area
median income, at the time of sale, adjusted for family size for the county where the project is located,
then the legislature intends to extend the expiration date of the tax preference.
(4) In order to obtain the data necessary to perform the review in subsection (3) of this section, the
joint legislative audit and review committee may refer to data provided by counties in which
beneficiaries are utilizing the preference, the office of financial management, the department of
commerce, the United States department of housing and urban development, and other data sources as
needed by the joint legislative audit and review committee." [2014 c 96 § 1.]
RCW 84.14.050
Application — Procedures.
An owner of property seeking tax incentives under this chapter must complete the following
procedures:
(1) In the case of rehabilitation or where demolition or new construction is required, the
owner must secure from the governing authority or duly authorized representative, before
commencement of rehabilitation improvements or new construction, verification of property
noncompliance with applicable building and housing codes;
(2) In the case of new and rehabilitated multifamily housing, the owner must apply to the city
or county on forms adopted by the governing authority. The application must contain the
following:
(a) Information setting forth the grounds supporting the requested exemption including
information indicated on the application form or in the guidelines;
(b) A description of the project and site plan, including the floor plan of units and other
information requested;
(c) A statement that the applicant is aware of the potential tax liability involved when the
property ceases to be eligible for the incentive provided under this chapter;
(3) The applicant must verify the application by oath or affirmation; and
(4) The application must be accompanied by the application fee, if any, required under RCW
84.14.080. The governing authority may permit the applicant to revise an application before final
action by the governing authority.
[2012 c 194 § 5; 2007 c 430 § 7; 1999 c 132 § 2; 1997 c 429 § 43; 1995 c 375 § 8.]
Notes:
Severability -- 1997 c 429: See note following RCW 36.70A.3201.
RCW 84.14.060
Approval — Required findings.
(1) The duly authorized administrative official or committee of the city or county may approve
the application if it finds that:
(a) A minimum of four new units are being constructed or in the case of occupied
rehabilitation or conversion a minimum of four additional multifamily units are being
developed;
(b) If applicable, the proposed multiunit housing project meets the affordable housing
requirements as described in RCW 84.14.020;
(c) The proposed project is or will be, at the time of completion, in conformance with all
local plans and regulations that apply at the time the application is approved;
(d) The owner has complied with all standards and guidelines adopted by the city or county
under this chapter; and
(e) The site is located in a residential targeted area of an urban center or urban growth area
that has been designated by the governing authority in accordance with procedures and
guidelines indicated in RCW 84.14.040.
(2) An application may not be approved after July 1, 2007, if any part of the proposed
project site is within a campus facilities master plan, except as provided in RCW
84.14.040(1)(d).
(3) An application may not be approved for a residential targeted area in a rural county on
or after January 1, 2020.
[2014 c 96 § 5; 2012 c 194 § 6. Prior: 2007 c 430 § 8; 2007 c 185 § 2; 1995 c 375 § 9.]
Notes:
Tax preference performance statement -- 2014 c 96: See note following RCW 84.14.040.
Effective date -- 2007 c 185: See note following RCW 84.14.010.
RCW 84.14.070
Processing — Approval — Denial — Appeal.
(1) The governing authority or an administrative official or commission authorized by the
governing authority must approve or deny an application filed under this chapter within ninety
days after receipt of the application.
(2) If the application is approved, the city or county must issue the owner of the property a
conditional certificate of acceptance of tax exemption. The certificate must contain a statement
by a duly authorized administrative official of the governing authority that the property has
complied with the required findings indicated in RCW 84.14.060.
(3) If the application is denied by the authorized administrative official or commission
authorized by the governing authority, the deciding administrative official or commission must
state in writing the reasons for denial and send the notice to the applicant at the applicant's last
known address within ten days of the denial.
(4) Upon denial by a duly authorized administrative official or commission, an applicant
may appeal the denial to the governing authority within thirty days after receipt of the denial.
The appeal before the governing authority must be based upon the record made before the
administrative official with the burden of proof on the applicant to show that there was no
substantial evidence to support the administrative official's decision. The decision of the
governing body in denying or approving the application is final.
[2012 c 194 § 7; 1995 c 375 § 10.]
RCW 84.14.080
Fees.
The governing authority may establish an application fee. This fee may not exceed an amount
determined to be required to cover the cost to be incurred by the governing authority and the
assessor in administering this chapter. The application fee must be paid at the time the
application for limited exemption is filed. If the application is approved, the governing
authority shall pay the application fee to the county assessor for deposit in the county current
expense fund, after first deducting that portion of the fee attributable to its own administrative
costs in processing the application. If the application is denied, the governing authority may
retain that portion of the application fee attributable to its own administrative costs and refund
the balance to the applicant.
[1995 c 375 § 11.]
RCW 84.14.090
Filing requirements for owner upon completion — Determination by city or
county — Notice of intention by city or county not to file — Extension of
deadline — Appeal.
(1) Upon completion of rehabilitation or new construction for which an application for a
limited tax exemption under this chapter has been approved and after issuance of the
certificate of occupancy, the owner must file with the city or county the following:
(a) A statement of the amount of rehabilitation or construction expenditures made with
respect to each housing unit and the composite expenditures made in the rehabilitation or
construction of the entire property;
(b) A description of the work that has been completed and a statement that the
rehabilitation improvements or new construction on the owner's property qualify the property
for limited exemption under this chapter;
(c) If applicable, a statement that the project meets the affordable housing requirements as
described in RCW 84.14.020; and
(d) A statement that the work has been completed within three years of the issuance of the
conditional certificate of tax exemption.
(2) Within thirty days after receipt of the statements required under subsection (1) of this
section, the authorized representative of the city or county must determine whether the work
completed, and the affordability of the units, is consistent with the application and the contract
approved by the city or county and is qualified for a limited tax exemption under this chapter.
The city or county must also determine which specific improvements completed meet the
requirements and required findings.
(3) If the rehabilitation, conversion, or construction is completed within three years of the
date the application for a limited tax exemption is filed under this chapter, or within an
authorized extension of this time limit, and the authorized representative of the city or county
determines that improvements were constructed consistent with the application and other
applicable requirements, including if applicable, affordable housing requirements, and the
owner's property is qualified for a limited tax exemption under this chapter, the city or county
must file the certificate of tax exemption with the county assessor within ten days of the
expiration of the thirty-day period provided under subsection (2) of this section.
(4) The authorized representative of the city or county must notify the applicant that a
certificate of tax exemption is not going to be filed if the authorized representative determines
that:
(a) The rehabilitation or new construction was not completed within three years of the
application date, or within any authorized extension of the time limit;
(b) The improvements were not constructed consistent with the application or other
applicable requirements;
(c) If applicable, the affordable housing requirements as described in RCW 84.14.020 were
not met; or
(d) The owner's property is otherwise not qualified for limited exemption under this
chapter.
(5) If the authorized representative of the city or county finds that construction or
rehabilitation of multiple-unit housing was not completed within the required time period due
to circumstances beyond the control of the owner and that the owner has been acting and could
reasonably be expected to act in good faith and with due diligence, the governing authority or
the city or county official authorized by the governing authority may extend the deadline for
completion of construction or rehabilitation for a period not to exceed twenty-four consecutive
months.
(6) The governing authority may provide by ordinance for an appeal of a decision by the
deciding officer or authority that an owner is not entitled to a certificate of tax exemption to
the governing authority, a hearing examiner, or other city or county officer authorized by the
governing authority to hear the appeal in accordance with such reasonable procedures and time
periods as provided by ordinance of the governing authority. The owner may appeal a decision
by the deciding officer or authority that is not subject to local appeal or a decision by the local
appeal authority that the owner is not entitled to a certificate of tax exemption in superior court
under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty days of
notification by the city or county to the owner of the decision being challenged.
[2012 c 194 § 8; 2007 c 430 § 9; 1995 c 375 § 12.]
RCW 84.14.100
Report — Filing.
(1) Thirty days after the anniversary of the date of the certificate of tax exemption and each
year for the tax exemption period, the owner of the rehabilitated or newly constructed property
must file with a designated authorized representative of the city or county an annual report
indicating the following:
(a) A statement of occupancy and vacancy of the rehabilitated or newly constructed
property during the twelve months ending with the anniversary date;
(b) A certification by the owner that the property has not changed use and, if applicable,
that the property has been in compliance with the affordable housing requirements as
described in RCW 84.14.020 since the date of the certificate approved by the city or county;
(c) A description of changes or improvements constructed after issuance of the certificate
of tax exemption; and
(d) Any additional information requested by the city or county in regards to the units
receiving a tax exemption.
(2) All cities or counties, which issue certificates of tax exemption for multiunit housing
that conform to the requirements of this chapter, must report annually by December 31st of
each year, beginning in 2007, to the department of commerce. The report must include the
following information:
(a) The number of tax exemption certificates granted;
(b) The total number and type of units produced or to be produced;
(c) The number and type of units produced or to be produced meeting affordable housing
requirements;
(d) The actual development cost of each unit produced;
(e) The total monthly rent or total sale amount of each unit produced;
(f) The income of each renter household at the time of initial occupancy and the income of
each initial purchaser of owner-occupied units at the time of purchase for each of the units
receiving a tax exemption and a summary of these figures for the city or county; and
(g) The value of the tax exemption for each project receiving a tax exemption and the total
value of tax exemptions granted.
[2012 c 194 § 9; 2007 c 430 § 10; 1995 c 375 § 13.]
RCW 84.14.110
Cancellation of exemption — Notice by owner of change in use — Additional
tax — Penalty — Interest — Lien — Notice of cancellation — Appeal —
Correction of tax rolls.
(1) If improvements have been exempted under this chapter, the improvements continue to be
exempted for the applicable period under RCW 84.14.020, so long as they are not converted to
another use and continue to satisfy all applicable conditions. If the owner intends to convert
the multifamily development to another use, or if applicable, if the owner intends to
discontinue compliance with the affordable housing requirements as described in RCW
84.14.020 or any other condition to exemption, the owner must notify the assessor within sixty
days of the change in use or intended discontinuance. If, after a certificate of tax exemption
has been filed with the county assessor, the authorized representative of the governing
authority discovers that a portion of the property is changed or will be changed to a use that is
other than residential or that housing or amenities no longer meet the requirements, including,
if applicable, affordable housing requirements, as previously approved or agreed upon by
contract between the city or county and the owner and that the multifamily housing, or a
portion of the housing, no longer qualifies for the exemption, the tax exemption must be
canceled and the following must occur:
(a) Additional real property tax must be imposed upon the value of the nonqualifying
improvements in the amount that would normally be imposed, plus a penalty must be imposed
amounting to twenty percent. This additional tax is calculated based upon the difference
etween the property tax paid and the property tax that would have been paid if it had included
the value of the nonqualifying improvements dated back to the date that the improvements
were converted to a nonmultifamily use;
(b) The tax must include interest upon the amounts of the additional tax at the same
statutory rate charged on delinquent property taxes from the dates on which the additional tax
could have been paid without penalty if the improvements had been assessed at a value
without regard to this chapter; and
(c) The additional tax owed together with interest and penalty must become a lien on the
land and attach at the time the property or portion of the property is removed from multifamily
use or the amenities no longer meet applicable requirements, and has priority to and must be
fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or
responsibility to or with which the land may become charged or liable. The lien may be
foreclosed upon expiration of the same period after delinquency and in the same manner
provided by law for foreclosure of liens for delinquent real property taxes. An additional tax
unpaid on its due date is delinquent. From the date of delinquency until paid, interest must be
charged at the same rate applied by law to delinquent ad valorem property taxes.
(2) Upon a determination that a tax exemption is to be canceled for a reason stated in this
section, the governing authority or authorized representative must notify the record owner of
the property as shown by the tax rolls by mail, return receipt requested, of the determination to
cancel the exemption. The owner may appeal the determination to the governing authority or
authorized representative, within thirty days by filing a notice of appeal with the clerk of the
governing authority, which notice must specify the factual and legal basis on which the
determination of cancellation is alleged to be erroneous. The governing authority or a hearing
examiner or other official authorized by the governing authority may hear the appeal. At the
hearing, all affected parties may be heard and all competent evidence received. After the
hearing, the deciding body or officer must either affirm, modify, or repeal the decision of
cancellation of exemption based on the evidence received. An aggrieved party may appeal the
decision of the deciding body or officer to the superior court under RCW 34.05.510 through
34.05.598.
(3) Upon determination by the governing authority or authorized representative to terminate
an exemption, the county officials having possession of the assessment and tax rolls must
correct the rolls in the manner provided for omitted property under RCW 84.40.080. The
county assessor must make such a valuation of the property and improvements as is necessary
to permit the correction of the rolls. The value of the new housing construction, conversion,
and rehabilitation improvements added to the rolls is considered as new construction for the
purposes of chapter 84.55 RCW. The owner may appeal the valuation to the county board of
equalization under chapter 84.48 RCW and according to the provisions of RCW 84.40.038. If
there has been a failure to comply with this chapter, the property must be listed as an omitted
assessment for assessment years beginning January 1 of the calendar year in which the
noncompliance first occurred, but the listing as an omitted assessment may not be for a period
more than three calendar years preceding the year in which the failure to comply was
discovered.
[2012 c 194 § 10; 2007 c 430 § 11; 2002 c 146 § 3; 2001 c 185 § 1; 1995 c 375 § 14.]
Notes:
Application -- 2001 c 185 §§ 1-12: "Sections 1 through 12 of this act apply for [to] taxes levied
in 2001 for collection in 2002 and thereafter." [2001 c 185 § 18.]
RCW 84.14.900
Severability — 1995 c 375.
If any provision of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or circumstances is not
affected.
[1995 c 375 § 15.]
Multi-Unit Housing Tax Incentive Program
Washington State Department of Commerce Annual Report Form
Per RCW 84.14.100, all cities that offer multi-unit housing tax incentive programs shall report
the following information to the Washington State Department of Commerce (Commerce)
annually by December 31, beginning in 2007:
1. JURISDICTION INFORMATION
Reporting Period* Today’s Date
Name of Jurisdiction High Cost Area: Yes No
Address
City
County
Contact Person
Phone
Fax
Email
2. Did your jurisdiction issue Tax Exemption Certificate(s) this reporting period*: Yes No
(If you answered “No” above, you do not need to complete the rest of this form, send completed form to Commerce.
If you answered “Yes”, please continue to the next Section).
3. CERTIFICATE INFORMATION
How many final tax exemption certificates did your jurisdiction issue this calendar year* and
under what term of exemption does each fall?
Number and Term of Tax Exemption Certificates**
Number of
Certificates 8 years 10 years 12 years
* For the purposes of this form, “reporting period” is the ‘calendar year’ from January 1 through
December 31. For those jurisdictions adopting a program partway through the year, the “calendar
year” is from the date the program started through December 31.
Multi-Unit Housing Tax Incentive Program Commerce Annual Report Form
2
** The number of certificates indicated above need to match the sum total number of certificates listed
on the attached “Summary of All Exempted Properties” form
Multi-Unit Housing Tax Incentive Program Commerce Annual Report Form
3
4. SUMMARY OF ALL EXEMPT PROPERTIES
Please list all the properties granted tax exemptions during the calendar year on the “Summary of
All Tax Exempt Properties” form. Please complete the form by providing the following
information:
COLUMN HEADING INFORMATION TO BE INSERTED INTO FORM
Application # The number assigned by the jurisdiction to identify the tax exemption certificate.
Project Name The commonly used name assigned to the project or housing development.
Target Area General location of the project by street address, name of the urban center or target area.
Total Value of Tax
Exemption for Each
Eligible Project
Dollar amount of the total tax exemption for each project that was granted a tax exemption.
This represents total amount of taxes project owner did not/will not pay for entire tax
exemption term (8, 10, 0r 12 yrs.) due to participation in this program.
Term of Exemption Indicate whether the term of the tax exemption is fro 8 years, 10 years (initiated under
previous program) or 12 years.
Tenure Please indicate “R” for rental units and “H” for owner-occupied units.
Development Costs
per Unit
The cost to build each unit. Please see the examples described in Attachment #1 for
guidance on how to compute these per unit costs.
Affordable Rent The monthly rent for rental units granted a tax exemption.
Affordable Sales Price The sales price for the owner-occupied affordable housing units that were granted a tax
exemption.
Total Units Total number of housing units (both tax exempt and non-exempt) in the development. The
total number of affordable and market rate units should equal the “Total Number” of units.
Affordable Total number units designated as affordable to low and moderate income households.
Market Rate Total number of units sold or rented at market-rate prices.
Studio Total numbers of units rented or sold that do not have a bedroom as a separate, designated
living area.
1 – Bedroom Total number of units with just one bedroom.
2 – Bedrooms Total number of units with two bedrooms.
3+ Bedrooms Total number of units with three or more bedrooms.
Low
Total number of units occupied by tenants or owners whose adjusted income is at or below
80% of the median family income adjusted for family size for the county. (High cost area
adjusted income is at or below 100%).
Moderate
Total number of units occupied by tenants or owners whose adjusted income is 80% –
115% of the median family income adjusted for family size for the county. (High cost area
adjusted income is 100% - 150%).
High
Total number of units occupied by tenants or owners who whose adjusted income is at or
higher than 115% of the median family income adjusted for family size for the county.
(High cost area adjusted income is higher than 150%).
Multi-Unit Housing Tax Incentive Program Commerce Annual Report Form
4
SUMMARY OF ALL EXEMPTED PROPERTIES
HOUSING INFORMATION
CERTIFICATE INFORMATION TENURE
DEVELOPMENT
COSTS
PER UNIT
AFFORDABILITY
REQUIREMENTS
TOTAL UNITS
ADDED
TOTAL UNITS BY
TYPE
INCOME
RANGE
Application # Project
Name Target Area Total Value of Tax Exemption for each Eligible
Project
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R =
R
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H
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See Examples Affordable
Rent
Affordable
Sales Price
To
t
a
l
U
n
i
t
s
Af
f
o
r
d
a
b
l
e
Ma
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e
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B
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TOTALS
Multi-Unit Housing Tax Incentive Program Commerce Annual Report Form
5
5. INCOME INFORMATION
A. County Median Household Income (CMHI):
Source of Information:
B. Income Information for Tax Exempted Properties
For each affordable unit, please provide the household income of each initial
renter or initial owner-occupant.
For each affordable rental or owner-occupied unit, indicate the household income of
each initial renter or home owner. Please identify each unit by its application
number, project name, respective apartment number, street address or parcel number.
Please use the TAB key to add additional rows.
Application
Number Project Name
Unit
Identification Household Income
Multi-Unit Housing Tax Incentive Program Commerce Annual Report Form
6
6. IMPACT ON TAXABLE VALUES (OPTIONAL TABLE)
On a voluntary basis, please provide information on the value of the site prior to
development (last assessed value prior to improvement) versus post-development value,
including exempted amount. Please use the TAB key to add additional projects.
Project Name Project Parcel
Number
Total Taxable Value
of Parcel Prior to
Improvement
(land + imp’s, if any)
Total Taxable Value
of Parcel After
Improvement
(land + imp’s, if any)
TOTALS
Multi-Unit Housing Tax Incentive Program Commerce Annual Report Form
7
ATTACHMENT #1
COMPUTATION OF DEVELOPMENT COSTS PER UNIT
EXAMPLE #1:
(a) Costs: Residential Area: $10,200 (a)
(Includes residential area, residential common areas, residential parking area)
(b) Description: Residential units and proportional costs:
Unit Mix Number Average Size Total Square Feet Cost Per Unit
Studio 10 500 5,000 $137,838
1 – Bedroom 20 700 14,000 192,973
2 – Bedroom 20 900 18,000 248,108
Total 50 37,000 B
(c) Average cost per net residential square foot: $275.68 (sum ( a / b ))
EXAMPLE #2:
Apartment Complexes:
-- Development Costs = (total project costs) / (number of dwelling units created)
… Total project costs is required information that should be listed in the application for the
Final Certificate of Tax Exemption.
OR
-- Development Costs = (total project costs) / (average unit size in square feet)
… Example calculation of average unit size based on a MFTE project
Unit Type No. of Units SF Total SF
1 BR / 1 BA 24 690 16,560
2 BR / 1 BA 60 889 53,340
3 BR / 2 BA 30 1,125 33,750
Total Units 114 103,650
Average Unit Size = sum ( 103,630 / 114) = 909 s.f. per unit
Condominium Units:
-- Development Costs = (total project costs) x sum ( s.f. unit) / s.f. total)
… s.f. unit represents the total square feet of the individual condo unit
… s.f. total represents the total square feet of the residential space in the building
City of Arlington
Council Agenda Bill
Item:
WS #2
Attachment
B
COUNCIL MEETING DATE:
July 24, 2017
SUBJECT:
Water and Sewer Utility Rate Adjustment for Multifamily and Commercial services
ATTACHMENTS:
Utility Rate Change Memo: “Proposed Changes to Water and Sewer Billing To Achieve Billing Equity”
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: Water/Sewer Operating Budget
BUDGETED AMOUNT: 0
LEGAL REVIEW:
DESCRIPTION:
Utility Rate Adjustment for Multi‐Family and Commercial accounts only. The change being requested is a
reduction to all users in these two classes, Single Family Residential rates will not change.
HISTORY:
Public Works conducted a utility billing analysis in 2015‐2016 to determine the cost of service to provide water
and wastewater to three classes of customers: single family residences, multi‐family residences, and
commercial entities. The goal of the analysis was to assure equity to all of Arlington’s utility customers. Based
on the analysis, we are proposing modifications to the water and sewer billing structure for multi‐family (MFR)
and commercial (COM) services. We are not proposing any changes to the rates.
The proposed MFR changes eliminates the water unit rate charge to every apartment unit and meters all water
consumption through a single meter; the monthly sewer charge for each apartment unit is adjusted to 77% of
standard residential monthly sewer charges. The proposed COM changes eliminates the water unit rate charge
to every commercial unit and meters all water consumption through a single meter; the monthly sewer rate
structure remains unchanged (commercial sewer is charged based on water consumption).
ALTERNATIVES:
Do not change billing structure
remand to staff for additional information
RECOMMENDED MOTION:
Workshop; discussion only.
Proposed Changes to Water and Sewer Billing
To achieve billing equity
Public Works conducted a utility billing analysis in 2015-2016 to determine the cost of service to provide water
and wastewater to three classes of customers: single family residences, multi-family residences, and
commercial entities. The goal of the analysis was to assure equity to all of Arlington’s utility customers. Based
on the analysis done, we are not proposing changing the utility rates, but we do propose to change our utility
billing for multi-family and commercial to services used. The proposed changes do not affect single-family
residential customers because all of these customers are individually metered, and pay per 100 cubic feet of
water (CCF) used.
Multi-family residential customers are currently charged by total rentable units in the structure, whether or
not those units are occupied. The proposed practice will charge the apartment complex through a single
meter only for water used, and then a fixed sewer charge at 77% of the average single family residence for
each rentable unit. In short, we propose to eliminate the per-unit charge, and bill for water actually used.
Commercial customers are currently charged by the number of water hookups in the building. The same
water charges occur whether a business is a large customer with constant use or a small customer with
occasional use. We propose to eliminate the per-unit charge and instead bill for water actually used.
The Public Works Capital Improvement Fund has about $12 million to fund utility improvements over the next
ten years. The fund is performing above projections, and the City can afford to make these proposed rate
changes to bring rate equity to the other classes of customers. This proposal is not revenue neutral, as
detailed below. However, with a healthy fund balance and new development bringing new customers, this
proposal is financially safe and will make our rate structure match industry standards, and will create equity
across all customer classes.
Summary of changes
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
C
COUNCIL MEETING DATE:
July 24, 2017
SUBJECT:
Arlington Valley Road – Right of Way (ROW) Purchase
ATTACHMENTS:
Rengen Offer Letter #2 with maps of referenced parcels
DEPARTMENT OF ORIGIN
Public Works ‐ Transportation
EXPENDITURES REQUESTED: $385,130.79
BUDGET CATEGORY: PSRC Oso Funds and Transportation Funds
BUDGETED AMOUNT: $380,000.00
LEGAL REVIEW:
DESCRIPTION:
Council is being asked to authorize the purchase of Right of Way for the proposed Arlington Valley Road
from a property owner.
HISTORY:
In order to construct the Arlington Valley Road the City needs to procure Right‐of‐Way (ROW) from a
property owner. The City worked with Tierra ROW Associates and WSDOT to issue an offer letter to the
property owner in Dec 2016. After the offer letter was issued, the City, the City Attorney, and the
property owner have worked to finalize an agreed alignment and purchase price for the ROW.
Copies of the ROW map and legal descriptions of the ROW to be purchased are attached.
ALTERNATIVES:
Do not proceed with Arlington Valley Road in its proposed alignment;
Do not proceed with project at all.
RECOMMENDED MOTION:
Workshop; discussion only. At the August 7 City Council meeting, the recommended motion will be
“I move to authorize the ROW acquisition and purchase of the right of way for the Arlington Valley
Road pending final approval by the City Attorney”.
City of Arlington
Council Agenda Bill
Item:
WS #4
Attachment
D
COUNCIL MEETING DATE:
July 24, 2017
SUBJECT:
Scope of Work (SOW) and Fee Estimate from consultant Murraysmith, Inc. for design services
for the 2018‐2021 Utility Improvement & Pavement Preservation Program
ATTACHMENTS:
Scope of Work and Fee Estimate from Murraysmith
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $319,047.00
BUDGET CATEGORY: Water CIP / Transportation Benefit District
LEGAL REVIEW:
DESCRIPTION:
This is a proposal (SOW and fee estimate) from MSA Engineers to prepare construction
documents (drawings, specifications and cost estimate) for water main replacement work and
pavement preservation work planned for 2018‐2021.
HISTORY:
The City has planned capital improvement projects for the years 2018 – 2021 for the
replacement of aged and failing water‐sewer‐storm infrastructure and to resurface roads in the
same streets where utility improvements occur.
The attached SOW and fee estimate is the result of the negotiations and will produce the
documents needed for construction projects. Funding for this work will be divided among water
CIP Fund, Sewer CIP Fund, Storm CIP fund, and the TBD fund and all work has been budgeted.
ALTERNATIVES
Remand to staff for further discussion
RECOMMENDED MOTION:
Workshop; discussion only. At the council meeting, the proposed motion will be, “I move to accept
the MSA proposal for design of the water main replacement and pavement preservation work
planned for 2018‐2021 and authorize the mayor to sign the contract, pending final approval by
the City Attorney.”
DRAFT – REVISION 3
BD-1853 Page 1 of 12 4-Year Water Replacement Program
June 2017 City of Arlington
EXHIBIT A
SCOPE OF SERVICES
CITY OF ARLINGTON
4-YEAR UTILITY IMPROVEMENT & PAVEMENT PRESERVATION PROGRAM
(2018-2021)
Project Background and Approach
Murraysmith, Inc. (Murraysmith) was retained by the City of Arlington (City) to provide
engineering services for the 4-Year Utility Improvement & Pavement Preservation Program
(2018-2021). The program focuses on replacing non-ductile iron water main, minor
improvements to existing sanitary sewer and stormwater structures, pavement preservation,
and curb ramp replacement within project sites identified by the City. Preliminary and final
design for year 2018 will be prioritized for the first year of the Contract. Preliminary design
for the remaining three years will begin once the 2018 bid package is complete. Final design
will begin in the prior year leading up to construction of the improvements; and construction
will be accomplished through four separate bid packages.
Water main replacement locations and associated construction years are defined in the
attached figure AC Main Replacement and Related CIP 2017-2021, dated April 13, 2017,
and table Water Main Replacement Program and Related CIP, dated April 14, 2017, created
by the City. The City collected field data and defined the sanitary sewer and stormwater
structure improvements (delivered to Murraysmith on June 17, 2017) as well as pavement
preservation improvements (delivered to Murraysmith on July 7, 2017).
Murraysmith has developed the following scope of services and accompanying fee estimate
based on our understanding of the project and discussions with City staff. This scope
includes preliminary design of years 2018-2021, final design of years 2018 and 2019, and
support services to assist the City on bidding year 2018. The City will be responsible for all
necessary permitting, potholing, easement acquisition, bidding and construction
management.
Scope of Services
Task 101 - Project Management
101.1 Project Status Reporting – Report status of work activities, data needs and issues
requiring City input through weekly project status e-mails and phone calls to City
Project Manager.
101.2 Staff Management – Manage project staff to ensure all services are in conformance
with the scope of services, budget, and schedule.
DRAFT – REVISION 3
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101.3 Invoices and Budget Oversight – Monitor project costs and manage budget and billing
tasks, including preparation and submission of monthly invoices and progress reports.
101.4 Project Schedule – Prepare and update project schedule for use throughout the
project.
101.5 Quality Assurance/Quality Control (QA/QC) – Manage and coordinate in-house
quality assurance reviews of all deliverables.
101.6 Project Management Meetings – Meet with City Project Manager to discuss project
schedule and budget.
Murraysmith Deliverables:
Weekly e-mail project status reports.
Correspondence, e-mails and other documentation.
Monthly invoices and progress reports.
Updated project schedules (PDF format).
City Responsibilities:
Review project status reports, invoices, and schedule and provide comments to
Murraysmith.
Assumptions:
Anticipated notice to proceed will be on or about August 8, 2017.
Design services will be completed according to the schedule contained in this scope.
Subconsultants are not included with this project.
Project schedule will be developed and maintained using MS Project.
Up to three updated project schedules will be sent to the City.
Up to two (2) project management meetings will be attended by up to two
Murraysmith staff.
Task 201 - Data Collection and Utility Coordination
201.1 Kick-off Meeting – Prepare for and conduct project kick-off meeting with City staff
and key team members to discuss project, confirm water main improvement limits for
each construction year, review project schedule and discuss key elements of the
project. Prepare meeting agenda and meeting summary (draft and final).
201.2 Data Request List – Coordinate with City on supplemental data needs, as necessary.
Prepare a list of supplemental data needed for the project, submit list to the City, and
coordinate with the City during the data collection process. This includes preparing
additional lists of supplemental data needed for the project, as necessary.
DRAFT – REVISION 3
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201.3 Review Data and Information – Review data and information provided by the City
and extract relevant information for the project. This will include record drawings,
previous studies or reports, GIS, aerial photographs, construction photos, and other
data related to the project sites.
201.4 Utility Coordination and Analysis – Acquire utility system mapping, including plans
for future improvements, from all utilities located within the project area. Perform a
utility conflict analysis for the preliminary alignments to identify potential utility
conflicts. Develop a list of potential conflict locations to obtain specific utility
information, including dimensions, location and depth, identifying areas to be
potholed by the City to confirm existing utilities at critical locations of planned
improvements, as necessary.
Murraysmith Deliverables:
Agenda and summary of kick-off meeting (draft and final).
Electronic copies of formal “Data Request”.
Documentation of utility conflict analysis and recommendations for utility potholing,
if required.
City Responsibilities:
Coordinate with project team, assist with scheduling meeting, and attend meeting.
Review meeting agenda, meeting summary, and provide comments to Murraysmith.
Provide all available documentation for City facilities, as requested.
City crews to perform potholing as determined by the utility conflict analysis and on
an as-needed basis.
Assumptions:
One (1) kick-off meeting will be attended by up to three Murraysmith team members.
Up to four (4) data requests will be developed and submitted to the City.
Task 202 - Preliminary Design for 2018-2021 Utility Improvement & Pavement
Preservation Projects
This task will include coordination with City staff and development of preliminary plans to
the approximately 30 percent design completion level for four construction packages (years
2018 through 2021) as described below.
202.1 Preliminary Design (30%) – Utility Improvement
1. Utility Improvement Plans (30% Design Completion Level) – Using the project
information developed in the previous tasks and subtasks, prepare preliminary
design drawings to the 30% design completion level. The drawings will include
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general sheets, preliminary water main alignments in plan view and water service
schedule.
2. Engineer’s Opinion of Probable Construction Cost – A preliminary engineer’s
opinion of probable construction cost, to 30% design completion level, will be
developed for the utility improvements and include a schedule of estimated
quantities, unit prices, and total preliminary construction cost.
202.2 Preliminary Design (30%) – Pavement Preservation
1. Pavement Preservation and Curb Ramp Plans (30% Design Completion Level) –
Using the project information developed in the previous tasks and subtasks,
prepare preliminary design drawings to the 30% design completion level. The
preliminary drawings will show plan views with hatching to indicate pavement
preservation needs and locations for proposed curb ramps.
2. Engineer’s Opinion of Probable Construction Cost – A preliminary engineer’s
opinion of probable construction cost, to 30% design completion level, will be
developed for the pavement preservation and curb ramp improvements and
include a schedule of estimated quantities, unit prices, and total preliminary
construction cost.
202.3 Coordination Meetings with City Staff – Coordinate and meet with City engineering
and operations staff to discuss project elements and gather input on key issues related
to all project elements. Prepare meeting agenda and meeting summary (draft and
final).
Murraysmith Deliverables:
30% preliminary plans, at half size (11x17), will be prepared for each construction
year and submitted to the City in electronic format (PDF) for review and comment.
Engineer’s Opinion of Probable Construction Cost for each construction year in
electronic format (PDF) for review and comment.
Agenda and summary of all meetings (draft and final).
City Responsibilities:
City will provide Murraysmith current GIS mapping, aerial imagery and LiDAR.
Complete review of the preliminary design drawings, engineer’s opinion of probable
construction cost and all supporting documentation and provide one compiled written
set of comments for each construction year prior to the 30% review meetings and site
visits.
City will request utility locates for 2018 and 2019 construction areas then review the
preliminary water main alignments and identify conflicts/adjustments for the water
main alignments prior to the 30% review meetings and site visits.
DRAFT – REVISION 3
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Coordinate with project team, assist with scheduling meetings, and attend meetings.
Review meeting agendas, meeting summaries, and provide comments to
Murraysmith.
Assumptions:
A total of four (4) plan sets and four (4) engineer’s opinion of probable construction
cost, one for each construction year, will be developed under this task.
Drawings will be developed at 1” = 20’ scale in AutoCAD electronic format.
2018 preliminary design will be submitted separately to allow for expedited final
design development.
Plans will be developed using City provided GIS mapping, aerial imagery and
LiDAR.
City will provide information on storm and sanitary sewer main improvements, fire
hydrants to remain, and a list of water services for each construction project.
City review period is assumed to be 2 weeks.
Only one (1) set of review comments will be received from the City per construction
year.
The complete Project Contract Document packages (front end, specifications,
appendices, etc.) will not be prepared for the preliminary design phase.
Curb ramp typical details will be developed and submitted for review during the final
design phase. Murraysmith will assume every intersection/existing curb ramp within
the pavement preservation limits will require new/replacement curb ramps. The City
will confirm the proposed curb ramp locations during the 30% plan review.
The City has determined geotechnical services are not necessary for the project based
on known suitable soil conditions for the project site. City to provide direction on
desired pavement section for trench restoration and pavement preservation.
Up to two (2) project coordination meetings with City staff will be attended by up to
three Murraysmith staff to discuss both the utility improvements and pavement
preservation and curb ramp improvements.
City will provide utility locates.
Task 203 – Final Design for 2018 & 2019 Utility Improvement & Pavement Preservation
Project (90% Design Completion Level)
This task will include coordination with City staff and development of years 2018 and 2019
90 percent design plans, specifications and engineer’s opinion of probable construction cost
for City review. Elements of this task will include:
203.1 Final Design (90%) – Utility Improvement
30% Review and Site Visits with City Staff – Prepare for and attend 30% design
review meetings to discuss final design development for the utility improvements.
Prepare meeting agenda and meeting summary (draft and final). Following review
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meetings, meet with City engineering and operations staff in the field to review the
water main alignments and storm and sanitary sewer structure improvements at each
site.
Plans, Specifications and Estimate (PS&E) – 90% Design Completion Level
Preliminary design drawings (30% design completion level) will be revised and
further developed to incorporate comments from the City’s review of the
preliminary design. Develop design plans to approximately the 90% design
completion level.
Murraysmith will prepare technical specifications and appendices to support the
design and to be included in the project Contract Documents. Specifications will
be prepared based on the City’s standard special provisions to the most current
WSDOT Standard Specifications. The City's front-end specifications will be
reviewed to ensure consistency between technical specifications and contractual
documents.
The engineer’s opinion of probable construction cost (30% design completion
level) will be revised per the design revisions and will include a schedule of
estimated quantities, unit prices, and total construction cost. Develop engineer’s
opinion of probable construction cost estimate to approximately the 90% design
completion level.
Submit 90% design packages for 2018 and 2019 construction years, including
near complete plan set, specifications, and engineer’s opinion of probable
construction cost for all utility improvements, to the City for review and comment.
Combine 90% package with pavement preservation improvements package from
Task 203.2.
203.2 Final Design (90%) – Pavement Preservation
30% Review and Site Visits with City Staff – Prepare for and attend 30% design
review meetings to discuss final design development for the pavement preservation
and curb ramp improvements. Prepare meeting agenda and meeting summary (draft
and final). Following review meetings, meet with City engineering and operations
staff in the field to review pavement preservation and curb ramps improvements at
each site.
Plans, Specifications and Estimate (PS&E) – 90% Design Completion Level
Preliminary design drawings (30% design completion level) will be revised and
further developed to incorporate comments from the City’s review of the
preliminary design. Develop design plans to approximately the 90% design
completion level. Murraysmith’s 90% design will include developing up to two
(2) typical curb ramp details for use throughout the construction year’s project
DRAFT – REVISION 3
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area. The City will perform field measurements to calculate the necessary length
for each ramp and provide lengths to Murraysmith for incorporation into the final
bid-ready plans.
Murraysmith will prepare technical specifications and appendices to support the
design and to be included in the project Contract Documents. Specifications will
be prepared based on the City’s standard special provisions to the most current
WSDOT Standard Specifications. The City's front-end specifications will be
reviewed to ensure consistency between technical specifications and contractual
documents.
The engineer’s opinion of probable construction cost (30% design completion
level) will be revised per the design revisions and will include a schedule of
estimated quantities, unit prices, and total construction cost. Develop engineer’s
opinion of probable construction cost estimate to approximately the 90% design
completion level.
Submit 90% design packages for 2018 and 2019 construction years, including
near complete plan set, specifications, and engineer’s opinion of probable
construction cost for all pavement preservation improvements, to the City for final
review and comment. Combine 90% package with utility improvements package
from Task 203.1.
203.3 Design Status and Coordination Meetings with City Staff – Prepare for and attend
meetings with City engineering and operations staff to discuss design progress and
gather input on key issues related to all project elements. Prepare meeting agenda and
meeting summary (draft and final).
Murraysmith Deliverables:
Agenda and summary of all meetings (draft and final).
90% plans at half size (11x17), specifications and engineer’s opinion of probable
construction cost, for 2018 and 2019 construction years, will be prepared and
submitted to the City in electronic format (PDF and Word) for review and comment.
City Responsibilities:
Coordinate with project team, assist with scheduling meetings, and attend meetings.
Review meeting agendas, meeting summaries, and provide comments to
Murraysmith.
Attend site visits with Murraysmith staff and provide input on final design
improvements.
Complete technical review of the 90% design completion documents and provide one
compiled written set of comments for each submittal.
DRAFT – REVISION 3
BD-1853 Murraysmith 4-Year Ult. Imp. & Pav’t. Pres. Program
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Determine the necessary lengths for each curb ramp and provide lengths to
Murraysmith for incorporation into the final bid-ready plans.
Prepare and provide electronic files, and periodic updates, of text, forms, schedules
and other components of the contract documents, including preferred “front-end”
sections.
City to provide AutoCAD drawings of standard details to be incorporated into the
Contract Plans.
Assumptions:
Two (2) 30% review meetings, one for 2018 construction year and the other for 2019,
to discuss both the utility improvements and pavement preservation and curb ramp
improvements, will be attended by up to three Murraysmith team members.
Two (2) site visits, one for 2018 construction year and the other for 2019, will be
attended by up to two Murraysmith team members.
Two (2) design status and coordination meetings, one for 2018 construction year and
the other for 2019, will be attended by up to three Murraysmith team members.
Plan format will be the same as preliminary design, using City provided GIS
mapping, aerial imagery and LiDAR.
City will provide information on storm and sanitary sewer main improvements, fire
hydrants to remain, and a list of water services for each construction project.
Curb ramp typical details will include sufficient detail for quantity take-off and initial
field layout purposes; generally, basic ramp dimensions and curb type. It is assumed
final ramp limits will be field verified during construction based on measurement of
formwork and that no right-of-way will be required.
Pavement preservation needs will be defined by the City and are anticipated to
include 2-inch overlay with taper grind, full depth asphalt replacement (not including
subgrade material), curb and gutter replacement along Park Hill Drive, and no other
curb or sidewalk beyond the curb ramp limits.
Utility trench restoration will be according to City standard details beyond the
pavement preservation limits.
Murraysmith will use the 2016 Water Improvements project and 2016 Pavement
Preservation project contract provisions as the basis of the specification development
for this project.
City will be responsible for preparing permits, easements, and coordinating project
elements with key stakeholders, including WSDOT, BNSF Railway, franchise
utilities and public as affected by the project.
City review period is assumed to be 2 weeks.
Review comments will be received in a complete, single submittal.
Contractor shall be responsible for the development of traffic control and erosion
control plans.
No Critical Areas Study is required.
DRAFT – REVISION 3
BD-1853 Murraysmith 4-Year Ult. Imp. & Pav’t. Pres. Program
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Design plans are anticipated to include up to 22 sheets and 18 sheets for 2018 and
2019 construction years, respectively, as indicated in the preliminary drawing list
included with this scope of work.
City standard details will be included in the Contract Plans, not in the Contract
Provision Appendices.
Task 204 – Final Design for 2018 & 2019 Utility Improvement & Pavement Preservation
Project (Signed Bid Package)
This task will include coordination with City staff and development of years 2018 and 2019
final bid ready plans, specifications and engineer’s opinion of probable construction cost for
City review. Final bid ready plans will incorporate all prior review comments and will be
suitable for bidding. Elements of this task will include:
204.1 Final Design (Signed Bid Package) – Utility Improvement
90% Review and Coordination Meetings with City Staff – Prepare for and attend 90%
design review meetings with City engineering and operations staff to discuss review
comments and gather input on key issues related to utility improvements. Prepare
meeting agenda and meeting summary (draft and final).
Final Bid Ready Plans and Specifications
The 90% design packages will be revised to incorporate comments from the City’s
review of the 90% design. Develop design plans, specifications and engineer’s
opinion of probable construction cost that are ready for bidding. Revise bid
proposal quantities to reflect a bid-ready design package.
Submit stamped and signed bid-ready Contract Documents, for 2018 and 2019
construction years, to the City for distribution.
204.2 Final Design (Signed Bid Package) – Pavement Preservation
90% Review and Coordination Meetings with City Staff – Prepare for and attend 90%
design review meetings with City engineering and operations staff to discuss review
comments and gather input on key issues related to pavement preservation and curb
ramp improvements. Prepare meeting agenda and meeting summary (draft and final).
Final Bid Ready Plans and Specifications
The 90% design packages will be revised to incorporate comments from the City’s
review of the 90% design. Develop design plans, specifications and engineer’s
opinion of probable construction cost that are ready for bidding. Revise bid
proposal quantities to reflect a bid-ready design package.
DRAFT – REVISION 3
BD-1853 Murraysmith 4-Year Ult. Imp. & Pav’t. Pres. Program
July 2017 Page 10 of 12 City of Arlington
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Submit stamped and signed bid-ready Contract Documents, for 2018 and 2019
construction years, to the City for distribution.
Murraysmith Deliverables:
Agenda and summary of all meetings (draft and final).
Final stamped and signed plans at half size (11x17) and full size (22x34),
specifications, and engineer’s opinion of probable construction cost, for 2018 and
2019 construction years, will be prepared and submitted to the City in electronic
format (PDF and Word).
City Responsibilities:
Coordinate with project team, assist with scheduling meetings, and attend meetings.
Review meeting agendas, meeting summaries, and provide comments to
Murraysmith.
Prepare and provide electronic files, and periodic updates, of text, forms, schedules
and other components of the contract documents, including preferred “front-end”
sections.
City to provide AutoCAD drawings of standard details to be incorporated into the
Contract Plans.
City to coordinate and submit bid-ready contract documents to SolicitBid or similar
service.
Assumptions:
Two (2) 90% review meetings, one for 2018 construction year and the other for 2019,
to discuss both the utility improvements and pavement preservation and curb ramp
improvements; will be attended by up to three Murraysmith team members.
Murraysmith shall apply a Washington Professional Engineer’s stamp with signature
and date on the final bid-ready edition of the design plans and specifications.
Final bid packages for 2018 and 2019 will include two schedules, one for utility
improvements and another for pavement preservation.
Task 205 – Bidding Assistance for 2018 Utility Improvement & Pavement Preservation
Project
This task will include supporting the City on an as-needed basis in providing assistance
during bidding of the 2018 Utility Improvement & Pavement Preservation project.
205.1 Bidder Inquiries – With direction from the City, respond to questions from bidders,
subcontractors, equipment suppliers and other vendors regarding the project plans and
specifications. Maintain a written record of communications during bidding process.
DRAFT – REVISION 3
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205.2 Addenda – Assist the City in the preparation of any addenda as necessary to clarify
the contract documents.
Murraysmith Deliverables:
Written responses to bidder’s questions as required.
Draft addenda as required for the City to distribute to plan holders.
City Responsibilities:
The City will be responsible for tasks associated with printing bid documents,
document distribution, bid advertisement, addenda distribution, plan holder
administration, bid evaluation, bid tabulation, etc.
Assumptions:
Murraysmith’s support services during bidding will be performed up to the extent of
the fee estimate, unless the City authorizes use of funds within the Unanticipated Task
Reserve in advance.
Up to three (3) responses to bidder inquiries will be prepared for the project.
Up to two (2) draft addenda will be prepared for the City.
Task 206 – Unanticipated Task Reserve (As Needed)
A reserve budget amount has been included in the fee estimate for work under this task,
which may include additional unanticipated work not specifically identified in the scope of
work tasks defined above. Such work items will be undertaken only after written
authorization from the City.
Preliminary Estimated Schedule
Murraysmith shall begin work immediately upon receipt of Notice to Proceed from the City.
Work shall proceed according to the preliminary estimated schedule presented below, which
reflects the City's desire to complete the signed bid package for year 2018 by the end of
2017. Murraysmith will proceed according to the work program shown below, however the
schedule may change due to design collaboration efforts with the City. Factors beyond
Murraysmith ’s control may also require schedule modifications.
Notice to Proceed August 2017
2018 Preliminary Design (30%) August 2017 – September 2017
2019-2021 Preliminary Design (30%) January 2018 – June 2018
2018 Utility Improvement & Pavement Preservation Project
90% Complete Submittal October – November 2017
Bid-Ready Documents Submittal December 2017
Bidding and Award January – February 2018
Construction March – August 2018
DRAFT – REVISION 3
BD-1853 Murraysmith 4-Year Ult. Imp. & Pav’t. Pres. Program
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2019 Utility Improvement & Pavement Preservation Project
90% Complete Submittal July – September 2018
Bid-Ready Documents Submittal October – November 2018
Bidding and Award January – February 2019
Construction March – August 2019
Preliminary Drawing List
2018 Utility Improvement & Pavement
Preservation Project
2019 Utility Improvement & Pavement
Preservation Project
Sheet Drawing Name Sheet Drawing Name
1 G1 Title Sheet, Vicinity Maps and Drawing
Index 1 G1 Title Sheet, Vicinity Maps and Drawing
Index
2 G2 Abbreviations, Symbols, Legend, and
General Notes 2 G2 Abbreviations, Symbols, Legend, and
General Notes
3 U1 Utility Improvements-1 3 U1 Utility Improvements-1
4 U2 Utility Improvements-2 4 U2 Utility Improvements-2
5 U3 Utility Improvements-3 5 U3 Utility Improvements-3
6 U4 Utility Improvements-4 6 U4 Utility Improvements-4
7 U5 Utility Improvements-5 7 U5 Utility Improvements-5
8 U6 Utility Improvements-6 8 U6 Utility Improvements-6
9 U7 Utility Improvements-7 9 UD1 Water Service Schedule
10 UD1 Water Service Schedule 10 UD2 Utility Details-1
11 UD2 Utility Details-1 11 UD3 Utility Details-2
12 UD3 Utility Details-2 12 P1 Pavement Preservation-1
13 P1 Pavement Preservation-1 13 P2 Pavement Preservation-2
14 P2 Pavement Preservation-2 14 P3 Pavement Preservation-3
15 P3 Pavement Preservation-3 15 PD1 Pavement Details-1
16 P4 Pavement Preservation-4 16 PD2 Pavement Details-2
17 P5 Pavement Preservation-5 17 PD3 Pavement Details-3
18 PD1 Pavement Details-1 18 CH1 Channelization Plan
19 PD2 Pavement Details-2
20 PD3 Pavement Details-3
21 CH1 Channelization Plan-1
22 CH2 Channelization Plan-2
DRAFT - REVISION 2
EXHIBIT B
4-YEAR UTILITY IMPROVEMENT & PAVEMENT PRESERVATION PROGRAM (2018-2021)
CITY OF ARLINGTON
PROPOSED FEE ESTIMATE
ESTIMATED FEES
Principal Engineer
V
Professional
Engineer VIII
Professional
Engineer V
Engineering
Designer II
Engineering
Designer I Technician IV Administrative I Hours Labor Total
$228 $181 $155 $128 $123 $136 $83
TJP GEC JLTA HSK DLT HCM JLR
Task 101 - Project Management
Task 101.1 - Project Status Reporting 34 34 5,270$ -$ 5,270$
Task 101.2 - Staff Management 26 26 4,030$ -$ 4,030$
Task 101.3 - Invoices and Budget Oversight 26 17 43 5,441$ -$ 5,441$
Task 101.4 - Project Schedule 8 8 1,240$ -$ 1,240$
Task 101.5 - Quality Assurance/Quality Control (QA/QC)24 16 40 8,368$ 42$ 8,410$
Task 101.6 - Project Management Meetings 4 6 10 1,842$ 56$ 1,898$
Task 101 Subtotal 28 16 100 0 0 0 17 161 26,191$ 98$ 26,289$
Task 201 - Data Collection and Utility Coordination
Task 201.1 - Kick-off Meeting 4 8 14 2 28 4,216$ 114$ 4,330$
Task 201.2 - Data Request List 3 7 10 1,326$ -$ 1,326$
Task 201.3 - Review Data and Information 4 4 14 22 2,854$ -$ 2,854$
Task 201.4 - Utility Coordination and Analysis 8 16 2 26 3,480$ 36$ 3,516$
Task 201 Subtotal 4 0 23 18 37 4 0 86 11,876$ 150$ 12,026$
Task 202 - Preliminary Design for 2018-2021 Utility Improvement & Pavement Preservation Projects
Task 202.1 - Preliminary Design (30%) - Utility Improvement
Task 202.1.1 - 2018
Task 202.1.1.1 - Plans (30% Design Completion Level)4 22 48 35 1 110 15,069$ 635$ 15,704$
Task 202.1.1.2 - Engineer's Opinion of Probable Construction Cost 1 2 6 9 1,276$ -$ 1,276$
Task 202.1.2 - 2019 1
Task 202.1.2.1 - Plans (30% Design Completion Level)4 22 37 27 1 91 13,007$ 491$ 13,498$
Task 202.1.2.2 - Engineer's Opinion of Probable Construction Cost 1 2 6 9 1,314$ -$ 1,314$
Task 202.1.3 - 2020 1
Task 202.1.3.1 - Plans (30% Design Completion Level)4 22 43 31 1 101 14,327$ 563$ 14,890$
Task 202.1.3.2 - Engineer's Opinion of Probable Construction Cost 1 2 6 9 1,314$ -$ 1,314$
Task 202.1.4 - 2021 1
Task 202.1.4.1 - Plans (30% Design Completion Level)4 22 50 37 1 114 16,055$ 671$ 16,726$
Task 202.1.4.2 - Engineer's Opinion of Probable Construction Cost 1 2 6 9 1,314$ -$ 1,314$
Task 202.2 - Preliminary Design (30%) - Pavement Preservation
Task 202.2.1 - 2018
Task 202.2.1.1 - Plans (30% Design Completion Level)2 12 25 16 1 56 7,681$ 293$ 7,974$
Task 202.2.1.2 - Engineer's Opinion of Probable Construction Cost 1 2 4 7 1,003$ -$ 1,003$
Task 202.2.2 - 2019 1
Task 202.2.2.1 - Plans (30% Design Completion Level)2 8 15 10 1 36 5,114$ 185$ 5,299$
Task 202.2.2.2 - Engineer's Opinion of Probable Construction Cost 1 2 4 7 1,033$ -$ 1,033$
Task 202.2.3 - 2020 1
Task 202.2.3.1 - Plans (30% Design Completion Level)2 20 40 24 1 87 12,287$ 437$ 12,724$
Task 202.2.3.2 - Engineer's Opinion of Probable Construction Cost 1 2 4 7 1,033$ -$ 1,033$
Task 202.2.4 - 2021 1
Task 202.2.4.1 - Plans (30% Design Completion Level)2 16 30 18 1 67 9,489$ 329$ 9,818$
Task 202.2.4.2 - Engineer's Opinion of Probable Construction Cost 1 2 4 7 1,033$ -$ 1,033$
Task 202 Subtotal 20 12 160 126 202 198 8 726 102,350$ 3,604$ 105,954$
Task 203 - Final Design for 2018 & 2019 Utility Improvement & Pavement Preservation Project (90% Design)
Task 203.1 - Final Design (90%) - Utility Improvement
Task 203.1.1 - 2018
Task 203.1.1.1 - 30% Review and Site Visit with City Staff 3 8 12 2 25 3,672$ 72$ 3,744$
Task 203.1.1.2 - Plans, Specifications and Estimate (PS&E)8 50 102 48 4 212 28,980$ 886$ 29,866$
Task 203.1.2 - 2019 1
Task 203.1.2.1 - 30% Review and Site Visit with City Staff 3 8 12 2 25 3,782$ 72$ 3,855$
Task 203.1.2.2 - Plans, Specifications and Estimate (PS&E)8 46 86 40 4 184 26,063$ 742$ 26,805$
Task 203.2 - Final Design (90%) - Pavement Preservation
Task 203.2.1 - 2018
Task 203.2.1.1 - 30% Review and Site Visit with City Staff 3 8 12 2 25 3,732$ 72$ 3,804$
Task 203.2.1.2 - Plans, Specifications and Estimate (PS&E)8 40 80 40 4 172 23,660$ 742$ 24,402$
Task 203.2.2 - 2019 1
Task 203.2.2.1 - 30% Review and Site Visit with City Staff 3 8 12 2 25 3,844$ 72$ 3,916$
Task 203.2.2.2 - Plans, Specifications and Estimate (PS&E)8 26 52 26 4 116 16,482$ 468$ 16,950$
Task 203 Subtotal 28 16 194 156 212 162 16 784 110,215$ 3,126$ 113,341$
Expenses
City of Arlington
July 2017
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Murraysmith 4-Year Utility Improvement & Pavement Preservation Program
Page 1
DRAFT - REVISION 2
4-YEAR UTILITY IMPROVEMENT & PAVEMENT PRESERVATION PROGRAM (2018-2021)
CITY OF ARLINGTON
PROPOSED FEE ESTIMATE
ESTIMATED FEES
Principal Engineer
V
Professional
Engineer VIII
Professional
Engineer V
Engineering
Designer II
Engineering
Designer I Technician IV Administrative I Hours Labor Total
$228 $181 $155 $128 $123 $136 $83
Expenses
Task 204 - Final Design for 2018 & 2019 Utility Improvement & Pavement Preservation Project (Signed Bid Package)
Task 204.1 - Final Design (Signed Bid Package) - Utility Improvement
Task 204.1.1 - 2018
Task 204.1.1.1 - 90% Review and Coordination Meeting with City Staff 3 6 12 1 22 3,226$ 54$ 3,280$
Task 204.1.1.2 - Final Bid Ready Plans and Specifications 4 24 40 20 3 91 12,521$ 382$ 12,903$
Task 204.1.2 - 2019 1
Task 204.1.2.1 - 90% Review and Coordination Meeting with City Staff 3 6 12 1 22 3,323$ 54$ 3,377$
Task 204.1.2.2 - Final Bid Ready Plans and Specifications 4 22 34 16 3 79 11,257$ 310$ 11,566$
Task 204.2 - Final Design (Signed Bid Package) - Pavement Preservation
Task 204.2.1 - 2018
Task 204.2.1.1 - 90% Review and Coordination Meeting with City Staff 3 6 12 1 22 3,286$ 54$ 3,340$
Task 204.2.1.2 - Final Bid Ready Plans and Specifications 4 16 32 16 3 71 9,725$ 310$ 10,035$
Task 204.2.2 - 2019 1
Task 204.2.2.1 - 90% Review and Coordination Meeting with City Staff 3 6 12 1 22 3,385$ 54$ 3,439$
Task 204.2.2.2 - Final Bid Ready Plans and Specifications 4 10 20 10 3 47 6,636$ 202$ 6,838$
Task 204 Subtotal 20 8 96 76 98 66 12 376 53,359$ 1,419$ 54,778$
Task 205 - Bidding Assistance for 2018 Utility Improvement & Pavement Preservation Project
Task 205.1 - Bidder Inquiries 2 1 10 13 2,187$ -$ 2,187$
Task 205.2 - Addenda 3 2 14 6 4 29 4,364$ 108$ 4,472$
Task 205 Subtotal 5 3 24 0 0 6 4 42 6,551$ 108$ 6,659$
TOTAL - ALL TASKS 105 55 597 376 549 436 57 2175 310,542$ 8,505$ 319,047$
1. Labor for years 2019, 2020 and 2021 were increased by 3% to account for rate inflation
City of Arlington
July 2017
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Murraysmith 4-Year Utility Improvement & Pavement Preservation Program
Page 2
City of Arlington
Council Agenda Bill
Item:
WS #5
Attachment
E
COUNCIL MEETING DATE:
July 24, 2017
SUBJECT:
Hayden Park Utility Extension Agreement Amendment
ATTACHMENTS:
DRAFT Utility Extension Agreement Amendment
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: $77,771.52
BUDGET CATEGORY: Water Capital Fund
BUDGETED AMOUNT: Not Budgeted
LEGAL REVIEW:
DESCRIPTION:
This is an amendment to the Hayden Park Utility Extension Agreement for the funding of material costs
for an increase in water main size.
HISTORY:
The City of Arlington’s Water Service Area (WSA) extends past City Limits, however not all of the City’s
WSA is completely served with water infrastructure. When a developer within the City’s WSA requests
water service where there is currently no water infrastructure, the City can allow the developer to
perform the design, permitting and construction of the water infrastructure necessary to serve this
development and then turn over the infrastructure to the City of Arlington, such an arrangement was
agreed to in the Hayden Park Utility Extension Agreement.
Analysis of water needs for the Hayden Park development shows that an 8‐inch water main will serve
their needs, however future growth is the area and future distribution routing will require a 12‐inch
water main. This amendment to the Hayden Park Utility Extension Agreement allows for the City to pay
for material cost associated with upsizing the 8‐inch water main to a 12‐inch water main.
ALTERNATIVES:
Agree to the Utility Extension Agreement Amendment
Do not grant the Utility Extension Agreement Amendment
RECOMMENDED MOTION:
Workshop; discussion only. At the August 7 City Council meeting the motion will be: “I move to approve
the Hayden Park Utility Extension Agreement Amendment and authorize the mayor to sign, pending final
review by the City Attorney.”
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Amendment No. 1
to
Utility Extension Agreement between
The City of Arlington and Hayden Park I, LLC
In accordance with the Utility Extension Agreement between the City of Arlington and Hayden Park I,
LLC dated June 9, 2017, this is an authorization to revise and amend the original contract as described
below effective this 8th day of August, 2017.
It is mutually agreed that the above referenced agreement is amended as follows:
AMENDMENT
1. At the request of the City of Arlington, the size of the water main being installed in 91st Ave will
be increased from 8-inch to 12-ince ductile iron pipe with the City bearing the material cost
associated with this increase in the amount of $77,771.52. This cost is based on material cost
estimates provided by the H.B Jaeger Company and is attached to this Amendment No.1 and is
inclusive of sales tax.
2. Hayden Park I, LLC will reimburse the City $3,016.56 for Snohomish County Right of Way permit
fees issued under the City of Arlington’s franchise coverage.
3. Hayden Park I, LLC will reimburse the City $2,500.00 for hydraulic analysis costs performed by
RH2, Inc. in support of the Hayden Park water main extension.
4. The net cost to the City of Arlington for the above items is $72,576.95. The City of Arlington will
waive residential water service connection fees of $6,868.00 per service on the first 10 Hayden
Park residential water connections and charge a connection fee of $3,896.95 on the 11th Hayden
Park residential water connection.
EXECUTION
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first
above written. Except as modified herein, the contract between the parties dated June 9, 2017 shall remain
in full force and effect.
Hayden Park I, LLC
_____________________________
City of Arlington
_____________________________
Name: ____________________________ Name: Barbara Tolbert
Title: ____________________________ Title: Mayor
Date: ____________________________ Date: ____________________________
Ln#Description Qty 12" Price 8" Price Cost Diff Extension
6 12"X18' CL 52 DUCTILE IRON PIPE 3978 29.14$ 17.95$ 11.19$ 44,513.82$
8 12" FIELD LOCK GASKET 221 133.79$ 72.00$ 61.79$ 13,656.25$
8 12" D.I. FLXFL CROSS L/ACC 1 715.00$ 360.00$ 355.00$ 355.00$ 8" pricing obtained by COA
11 12"X6" D.I. FLXFL TEE L/ACC 6 402.35$ 204.25$ 198.10$ 1,188.60$
10 12"X8" D.I. FLXFL REDUCER L/ACC 1 258.50$ -$ 258.50$ 258.50$ Single COA cost item to connect to 8"
11 12" D.I. MJXFL ADAPTER L/ACC 1 164.00$ 73.50$ 90.50$ 90.50$
12 12" D.I. MJXMJ LONG SLEEVE L/ACC 1 144.00$ 89.50$ 54.50$ 54.50$
13 12" D.I. MJ PLUG L/ACC 2 83.00$ 48.00$ 35.00$ 70.00$
16 12" STARGRIP MEGA-LUG KIT 15 100.69$ 52.69$ 48.00$ 720.06$
18 12" FLG PACK W/RR FULL FACE GSKT 16 31.87$ 15.31$ 16.56$ 264.90$
24 12" MJXFL EJIW R/W GATE VALVE 14 1,530.21$ 807.89$ 722.32$ 10,112.49$
Subtotal 71,284.62$
Sales Tax (9.1%)6,486.90$
TOTAL 77,771.52$
HAYDEN PARK 12" TO 8" MATERIAL COST ANALYSIS
BASED ON QUOTATION BY HB JAGER
ESTIMATE:726491
RECIPIENT:BIDDING CONTRACTOR
PROJECT:HAYDEN PARK
BID DATE:9/25/2015
1830 16th Street 360.568.5958 (phone)
Snohomish, WA 98290 425.486.5958 (phone)EXPIRATION:7/20/2017
www.hbjaeger.com 360.568.7506 (fax)
justind@hbjaeger.com 425.754.3392 (cell)ESTIMATOR:
Ln#Sku Description Qty Price Extension
1 HAYDEN PARK WATER MAIN
2 EXTENSION
3 ARLINGTON, WA
4
5 **** WATER ****
6 DIPCL521218 12"X18' CL 52 DUCTILE IRON PIPE 3978 29.14 115,918.92
7 DIPCL52818 8" X 18' CL 52 DUCTILE IRON PIPE 1692 17.95 30,371.40
8 IFACCLOCKGSK12 12" FIELD LOCK GASKET 221 133.79 29,568.25
9 IFACCLOCKGSK8 8" FIELD LOCK GASKET 94 72.00 6,768.00
8 IFCR12FLXFL 12" D.I. FLXFL CROSS L/ACC 1 715.00 715.00
11 IFT12X6FLXFL 12"X6" D.I. FLXFL TEE L/ACC 6 402.35 2,414.10
10 IFR12X8FLXFL 12"X8" D.I. FLXFL REDUCER L/ACC 1 258.50 258.50
11 IFA12MJXFL 12" D.I. MJXFL ADAPTER L/ACC 1 164.00 164.00
12 IFCO12MJXMJ 12" D.I. MJXMJ LONG SLEEVE L/ACC 1 144.00 144.00
13 IFP12MJ 12" D.I. MJ PLUG L/ACC 2 83.00 166.00
14 IFT8X6MJXFL 8"X6" D.I. MJXFL TEE L/ACC 3 122.00 366.00
17 IFT8X6FLXFL 8"X6" D.I. FLXFL TEE L/ACC 3 204.25 612.75
15 IFCA8MJ 8" D.I. MJ CAP L/ACC 1 40.00 40.00
16 IFJR12SGKIT 12" STARGRIP MEGA-LUG KIT 15 100.69 1,510.41
17 IFJR8SGKIT 8" STARGRIP MEGA-LUG KIT 10 52.69 526.85
18 IFFLPACK12 12" FLG PACK W/RR FULL FACE GSKT 16 31.87 509.86
19 IFFLPACK8 8" FLG PACK W/RR FULL FACE GSKT 7 15.31 107.20
24 EJRWV12MJXFL 12" MJXFL EJIW R/W GATE VALVE 14 1,530.21 21,422.95
21 EJRWV8MJXFL 8" MJXFL EJIW R/W GATE VALVE 7 807.89 5,655.23
22 VB94018TOP 940 18" VLV.BOX TOP ONLY W/ EARS 21 31.38 659.00
23 VB940LID 940 VALVE BOX LID ONLY ("WATER")21 11.58 243.08
24 VBBASE24 VALVE BOX 24" BASE ONLY 21 25.43 533.93
25 ETHAFOAMPAD ETHA FOAM PAD #RE4-20024 21 10.58 222.10
26
27 SUBTOTAL:218,897.52
28
29 **** HYDRANT ASSEMBLY ****
30 IFFLPACK6 6" FLG PACK W/RR FULL FACE GSKT 10 14.02 140.15
31 EJRWV6MJXFL 6" MJXFL EJIW R/W GATE VALVE 10 515.26 5,152.60
Page 1 of 2
32 IFJR6SGKIT 6" STARGRIP MEGA-LUG KIT 10 38.66 386.63
33 VB94018TOP 940 18" VLV.BOX TOP ONLY W/ EARS 10 31.38 313.81
34 VB940LID 940 VALVE BOX LID ONLY ("WATER")10 11.58 115.75
35 VBBASE24 VALVE BOX 24" BASE ONLY 10 25.43 254.25
36 DIPCL52618 6" X 18' CL 52 DUCTILE IRON PIPE 162 13.66 2,212.27
37 ALLTHREAD 3/4"X10' ZINC ALLTHREAD -ALE10GA 300 2.71 813.00
38 ALLRODCOUP 3/4" ZINC ROD COUPLING - MH25E 12 1.70 20.40
39 ALLNUT 3/4" ZINC ALLTHREAD NUTS - MH10E 36 0.38 13.68
40 ALLWASHER 3/4" ZINC ALLTHREAD WASHER MH11E 36 0.37 13.28
41 IFACCEYEBOLT 3/4" X 3-1/2" MJ EYEBOLT W/NUT 36 2.93 105.30
42 PB12X12X4 HYDRANT BLOCK 12"X12"X4"10 9.10 90.99
43 EJHYDNW4.6MJ 4'6" EJ "NW" 5CD250 HYD NST/MJ 10 1,843.86 18,438.56
44 STORZ412NSTX5 4-1/2" NST X 5" STORZ NZL-CAP 10 153.33 1,533.33
45
46 SUBTOTAL:29,604.01
47
48 **** 2" BLOWOFF ****
49 IFT8X6MJXFL 8"X6" D.I. MJXFL TEE L/ACC 1 122.00 122.00
50 IFJR8SGKIT 8" STARGRIP MEGA-LUG KIT 2 52.69 105.37
51 IFFLPACK6 6" FLG PACK W/RR FULL FACE GSKT 2 14.02 28.03
52 EJRWV6FLXFL 6" FLXFL EJIW R/W GATE VALVE 1 534.29 534.29
53 IFBF6FLX2IP 6" D.I. BLIND FLG W/2"IP TAP 1 62.50 62.50
54 MISC220 2" FORD QJXMIP ADAPTER CTS 2 0.00 0.00
55 PEP2CTS100 2" X 100' CTS POLY PIPE 100 1.33 133.40
56 NLBRF90SL2 2" BRASS STREET 90 ELL (1)1 37.06 37.06
57 KUP78HYD2 #78 2" KUPFERLE 3' BLOW-OFF HYD 1 609.57 609.57
58 MIDST1730-18XL MID STATES BOX MSBCF1730-18XL 1 120.97 120.97
59 MIDST1730SLID MID-ST.LID MSCBC1730S DI SOLID 1 150.26 150.26
60
61 SUBTOTAL:1,903.45
62
63 **** 1" WATER SERVICE ****
64 MISC220 1"FORD FB1000-4-Q CCXQJ CORP CTS 19 54.23 1,030.43
65 PEP1-200-3 1" X 300' POLY PIPE 250LB 600 0.55 327.60
66 AYSTIFFIPS1 6136 1"IPS/6133T 1-1/4"CTS STIFF 19 1.72 32.64
67 MISC220 1"QJ CTS AMV KV43-444-Q-NL 19 46.43 882.21
68 THHNB10 #10 THHN WIRE BLUE (500') SOLID 500 0.35 174.00
69 PVCN114X11 1 1/4" X 11" PVC NIPPLE 19 4.91 93.29
70 MISC220 1"FIP ANG CHK VLV HHA31-344-NL 19 55.88 1,061.63
71 PVCP1T 1" PVC THD.PLUG (50) 450-010 19 1.49 28.31
72 MIDST1324-12XL MID-STATES BOX MSBCF1324-12XL 19 72.12 1,370.24
73 MISC520 MID-ST 1324 SOLID DI LID W/ TRH 19 104.20 1,979.72
74 MISC220 1" PJXFIP CTS ADAPTER C14-44-NL 19 18.88 358.76
75
76 SUBTOTAL:7,338.83
TOTAL:257,743.80
Page 2 of 2
ESTIMATE:736469
RECIPIENT:FIRST PHASE
PROJECT:HAYDEN PARK
BID DATE:
1830 16th Street 360.568.5958 (phone)
Snohomish, WA 98290 425.486.5958 (phone)EXPIRATION:
www.hbjaeger.com 360.568.7506 (fax)
justind@hbjaeger.com 425.754.3392 (cell)ESTIMATOR:
Ln#Sku Description Qty Price Extension
1 HAYDEN PARK WATER MAIN
2 EXTENSION
3 ARLINGTON, WA
4
5 **** WATER ****
6 DIPCL52818 8" X 18' CL 52 DUCTILE IRON PIPE 5670 17.95 101,776.50
7 IFCR8FLXFL 8" D.I. FLXFL CROSS L/ACC 1 319.50 319.50
9 IFACCLOCKGSK8 8" FIELD LOCK GASKET 315 72.00 22,680.00
17 IFT8X6FLXFL 8"X6" D.I. FLXFL TEE L/ACC 9 204.25 1,838.25
8 IFT8X6MJXFL 8"X6" D.I. MJXFL TEE L/ACC 1 122.00 122.00
9 IFA8MJXFL 8" D.I. MJXFL ADAPTER L/ACC 1 73.50 73.50
10 IFCA8MJ 8" D.I. MJ CAP L/ACC 1 40.00 40.00
11 IFP8MJ 8" D.I. MJ PLUG L/ACC 1 48.00 48.00
12 IFCO8MJXMJ 8" D.I. MJXMJ LONG SLEEVE L/ACC 1 89.50 89.50
13 IFJR8SGKIT 8" STARGRIP MEGA-LUG KIT 26 52.69 1,369.81
14 IFFLPACK8 8" FLG PACK W/RR FULL FACE GSKT 22 15.31 336.91
15 EJRWV8MJXFL 8" MJXFL EJIW R/W GATE VALVE 21 807.89 16,965.69
16 VB94018TOP 940 18" VLV.BOX TOP ONLY W/ EARS 21 31.38 659.00
17 VB940LID 940 VALVE BOX LID ONLY ("WATER")21 11.58 243.08
18 VBBASE24 VALVE BOX 24" BASE ONLY 21 25.43 533.93
19 ETHAFOAMPAD ETHA FOAM PAD #RE4-20024 21 10.58 222.10
20
21 SUBTOTAL:147,317.76
22
23 **** HYDRANT ASSEMBLY ****
24 IFFLPACK6 6" FLG PACK W/RR FULL FACE GSKT 10 14.02 140.15
25 EJRWV6MJXFL 6" MJXFL EJIW R/W GATE VALVE 10 515.26 5,152.60
26 IFJR6SGKIT 6" STARGRIP MEGA-LUG KIT 10 38.66 386.63
27 VB94018TOP 940 18" VLV.BOX TOP ONLY W/ EARS 10 31.38 313.81
28 VB940LID 940 VALVE BOX LID ONLY ("WATER")10 11.58 115.75
29 VBBASE24 VALVE BOX 24" BASE ONLY 10 25.43 254.25
30 DIPCL52618 6" X 18' CL 52 DUCTILE IRON PIPE 162 13.66 2,212.27
31 ALLTHREAD 3/4"X10' ZINC ALLTHREAD -ALE10GA 300 2.71 813.00
32 ALLRODCOUP 3/4" ZINC ROD COUPLING - MH25E 12 1.70 20.40
Page 1 of 2
33 ALLNUT 3/4" ZINC ALLTHREAD NUTS - MH10E 36 0.38 13.68
34 ALLWASHER 3/4" ZINC ALLTHREAD WASHER MH11E 36 0.37 13.28
35 IFACCEYEBOLT 3/4" X 3-1/2" MJ EYEBOLT W/NUT 36 2.93 105.30
36 PB12X12X4 HYDRANT BLOCK 12"X12"X4"10 9.10 90.99
37 EJHYDNW4.6MJ 4'6" EJ "NW" 5CD250 HYD NST/MJ 10 1,843.86 18,438.56
38 STORZ412NSTX5 4-1/2" NST X 5" STORZ NZL-CAP 10 153.33 1,533.33
39
40 SUBTOTAL:29,604.01
41
42 **** 2" BLOWOFF ****
43 IFT8X6MJXFL 8"X6" D.I. MJXFL TEE L/ACC 1 122.00 122.00
44 IFJR8SGKIT 8" STARGRIP MEGA-LUG KIT 2 52.69 105.37
45 IFFLPACK6 6" FLG PACK W/RR FULL FACE GSKT 2 14.02 28.03
46 EJRWV6FLXFL 6" FLXFL EJIW R/W GATE VALVE 1 534.29 534.29
47 IFBF6FLX2IP 6" D.I. BLIND FLG W/2"IP TAP 1 62.50 62.50
48 MISC220 2" FORD QJXMIP ADAPTER CTS 2 0.00 0.00
49 PEP2CTS100 2" X 100' CTS POLY PIPE 100 1.33 133.40
50 NLBRF90SL2 2" BRASS STREET 90 ELL (1)1 37.06 37.06
51 KUP78HYD2 #78 2" KUPFERLE 3' BLOW-OFF HYD 1 609.57 609.57
52 MIDST1730-18XL MID STATES BOX MSBCF1730-18XL 1 120.97 120.97
53 MIDST1730SLID MID-ST.LID MSCBC1730S DI SOLID 1 150.26 150.26
54
55 SUBTOTAL:1,903.45
56
57 **** 1" WATER SERVICE ****
58 MISC220 1"FORD FB1000-4-Q CCXQJ CORP CTS 19 54.23 1,030.43
59 PEP1-200-3 1" X 300' POLY PIPE 250LB 600 0.55 327.60
60 AYSTIFFIPS1 6136 1"IPS/6133T 1-1/4"CTS STIFF 19 1.72 32.64
61 MISC220 1"QJ CTS AMV KV43-444-Q-NL 19 46.43 882.21
62 THHNB10 #10 THHN WIRE BLUE (500') SOLID 500 0.35 174.00
63 PVCN114X11 1 1/4" X 11" PVC NIPPLE 19 4.91 93.29
64 MISC220 1"FIP ANG CHK VLV HHA31-344-NL 19 55.88 1,061.63
65 PVCP1T 1" PVC THD.PLUG (50) 450-010 19 1.49 28.31
66 MIDST1324-12XL MID-STATES BOX MSBCF1324-12XL 19 72.12 1,370.24
67 MISC520 MID-ST 1324 SOLID DI LID W/ TRH 19 104.20 1,979.72
68 MISC220 1" PJXFIP CTS ADAPTER C14-44-NL 19 18.88 358.76
69
70 SUBTOTAL:7,338.83
TOTAL:186,164.04
Page 2 of 2
City of Arlington
Council Agenda Bill
Item:
WS #6
Attachment
F
COUNCIL MEETING DATE:
July 24, 2017
SUBJECT:
June 2017 Financial Report
ATTACHMENTS:
Financial Reports –
Narrative
General Fund Operating Statement
Revenue Charts
Other Fund Operating Statements
DEPARTMENT OF ORIGIN
Finance; Kristin Garcia – Finance Director 360‐403‐3431
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: N/A
BUDGETED AMOUNT: N/A
LEGAL REVIEW:
DESCRIPTION:
Attached is the June 2017 financial report.
HISTORY:
ALTERNATIVES:
RECOMMENDED MOTION:
Workshop; discussion only.
City of Arlington
Council Agenda Bill
Item:
WS #7
Attachment
G
COUNCIL MEETING DATE:
July 24, 2017
SUBJECT:
Proposed Ordinance Legislation: “Stay Out of Designated Area (SODA)”
ATTACHMENTS:
Staff Report, Sample of Marysville Ordinance, Substance Abuse Maps, Proposed SODA Map
DEPARTMENT OF ORIGIN
Police
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
BUDGETED AMOUNT: N/A
LEGAL REVIEW:
DESCRIPTION:
Council is asked to consider the creation of a Stay Out of Designated Area’ (SODA) ordinance as an
enhancement to drug related sentencing. This ordinance may also be known in other jurisdictions as
‘Stay Out of Drug Area’.
HISTORY:
Heroin use in the U.S. has risen fivefold in the last decade. Opioid overdose kills about 78 people a
day in the U.S. The City of Arlington has seen a steady increase in drug activity, drug related arrests
and drug related overdoses over the last several years. Drug trafficking occurs in both public and
private locations, however some geographic areas have been more affected than others. Even within
our own community, drug trafficking is more openly prevalent in some areas versus others. Several
local cities, including Everett and Marysville, have enacted Stay Out of Drug Area (SODA) locations
to provide their police departments more tools to assist in addressing known drug areas in an effort
to make their communities safer.
ALTERNATIVES:
Take no action
RECOMMENDED MOTION:
Workshop; discussion only.
ARLINGTON POLICE DEPARTMENT
INTRADEPARTMENTAL MEMORANDUM
DATE: July 24, 2017
TO: Barb Tolbert, Mayor
City Council Members
FROM: Jonathan Ventura, Chief of Police
SUBJECT: Stay Out of Designated Area (SODA) Program
_________________________________________ ________________________
PURPOSE:
To request authorization to designate geographic areas with the City of Arlington as high
narcotics trafficking areas and enact a Stay Out of Designated Area (SODA) municipal
code.
FACTS:
Heroin use in the U.S. has risen
fivefold in the last decade. Opioid
overdose kills about 78 people a day
in the U.S. The City of Arlington has
seen a steady increase in drug
activity, drug related arrests and drug
related overdoses over the last
several years. Drug trafficking occurs
in both public and private locations,
however some geographic areas
have been more affected than others. Even
within our own community, drug trafficking is more openly prevalent in some areas versus
others. Several local cities, including Everett and Marysville, have enacted Stay Out of
Designated [or Drug] Area (SODA) locations to provide their police departments more
tools to assist in addressing known drug areas to help make their communities safer.
Arlington Police Dept. Incidents (2012-2016)
ANALYSIS:
Within the City of Arlington, the retail corridor located within the Smokey Point
neighborhood community has the highest concentration of drug activity as documented
through citizen and business complaints, crime statistics and police observations.
Under a Stay Out of Designated Area (SODA) ordinance, citizens convicted of drug-
related crimes may be prevented from entering a specific area of the city known for drug
problems. Judges would be able to issue these SODA orders, which last up to two years.
If the order is violated, the person can be arrested.
RECOMMENDATION:
The City of Arlington should authorization the designation of certain geographic areas
with the City as high narcotics trafficking areas and have the City Attorney draft a Stay
Out of Designated Area (SODA) Municipal Code Ordinance.
Respectfully submitted,
Jonathan Ventura
Chief of Police
Chapter 6.28
STAY OUT OF DRUG AREAS (SODA) ORDERS
Sections:
6.28.010 Orders – Conditions.
6.28.020 Person subject to court order defined.
6.28.025 Stay out of drug areas orders – Issuance – Other court orders.
6.28.030 Violation of order – Penalties.
6.28.040 Prohibited areas – Designation – Modification and termination.
6.28.010 Orders – Conditions.
Any judge or judge pro tempore of the Marysville municipal court may issue written orders to criminal
defendants describing conditions of their pretrial release or the post-conviction conditions of suspension or
deferral of their sentences. Orders must be substantially in the form described in this chapter. (Ord. 2925 § 1,
2013; Ord. 2886 § 1, 2012).
6.28.020 Person subject to court order defined.
As used in this chapter, “person subject to court order” means any person who is subject to an order issued
under MMC 6.28.010. (Ord. 2925 § 1, 2013; Ord. 2886 § 1, 2012).
6.28.025 Stay out of drug areas orders – Issuance – Other court orders.
(1) Any order issued pursuant to this chapter that specifically orders as a condition of pretrial release and/or
deferral or suspension of sentence that the defendant stay out of areas with a high level of illegal drug
trafficking shall be hereinafter referred to as a “SODA” (“Stay Out of Drug Areas”) order.
(2) SODA orders may be issued to anyone charged with or convicted of possession of drug paraphernalia,
manufacture/delivery of drug paraphernalia, delivery of drug paraphernalia to a minor, selling/giving drug
paraphernalia to another person, possession of marijuana, or any of the aforementioned crimes that occur
within a drug-free zone.
(3) Nothing within this section shall be construed as precluding the court from issuing an order pursuant to this
chapter that is not specifically a SODA order. (Ord. 2925 § 1, 2013; Ord. 2886 § 1, 2012).
6.28.030 Violation of order – Penalties.
(1) Written orders issued under this chapter shall contain the court’s directives and shall bear the legend:
WARNING: Violation of this order subjects the violator to arrest under Chapter 6.28 MMC and shall
constitute a separate criminal offense and may result in imposition of suspended or deferred jail time
and/or fine.
(2) Penalties. A person who knowingly and willfully disobeys a SODA (“Stay Out of Drug Areas”) order issued
under this chapter is guilty of a gross misdemeanor. (Ord. 2925 § 1, 2013; Ord. 2886 § 1, 2012).
6.28.040 Prohibited areas – Designation – Modification and termination.
(1) Whenever an order is issued under this chapter, the subject of the order may be ordered to stay out of
certain areas that are set forth within the written order. These areas will hereinafter be referred to as “prohibited
areas.”
(2) Prohibited areas that are set forth in SODA orders may be established, modified, or eliminated by a
resolution of the city council. The police department will provide information to the city council to support
establishing, modifying, or eliminating prohibited areas.
(3) Prohibited areas that are set forth in orders issued under this chapter other than SODA orders may be set
by court discretion and are not required to be set in accordance with subsection (2) of this section.
(4) Upon request for modification or termination of any order issued under this chapter, the court shall consider
the requested modification or termination by allowing for a process by which the subject of the order can
provide relevant testimony or other evidence in support of his/her request.
(5) Unless otherwise ordered by the court, an order issued under this chapter shall have as its termination date
two years from the date of its issuance.
(6) Whenever an order is issued, modified or terminated pursuant to this chapter, the clerk of the court shall
forward a copy of the order on or before the next judicial day to the Marysville police department. Upon receipt
of the copy of the order, the Marysville police department shall enter the order until the expiration date specified
on the order into any computer-based criminal intelligence information system(s) available to Marysville police
officers. Upon receipt of notice that an order has been terminated, the Marysville police department shall
remove the order from the computer-based criminal intelligence information system(s).
(7) Nothing in any provision of this chapter related to SODA orders shall be construed as prohibiting the subject
of a SODA order from participating in a scheduled court hearing or from attending a scheduled meeting with
his/her legal counsel within a prohibited area. (Ord. 3058 § 1 (Exh. A), 2017; Ord. 2925 § 1, 2013; Ord. 2886
§ 1, 2012).
!"`$
?Ô
178TH PL NE
SR 531
168TH ST NE
173RD PL NE
174TH PL NE
168TH PL NE
173RD PL
177TH PL NE 177TH PL NE
SMOKEY POINT BLVD
165THPLNE
AIRPORT BLVD
176TH PL NE
I-5
174TH PL NE
175TH PL NE
169TH PL NE
178TH PL NE
175TH PL NE
177TH PL NE
40TH
AVE
NE
169TH PL NE
171ST PL NE
176TH PL NE
172ND ST NE
166THPLNE
27TH
AVE
NE
TWIN LAKES AVE
43RD AVE NE
I-5
176TH ST NE
41STDRNE
39TH DR NE
42NDAVE
NE
SMOKEY POINTDR
SPRING
LANE
AVE
176TH PL NE
City of Arlington
Legend
SODA boundary
Arlington City Limits
µ
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, includingbut not limited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety ofsources which may contain errors and users who rely upon the information do so at their own risk. Users agreeto indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out ofor resulting from the lack of accuracy or correctness of the data, or the use of the data presented in the maps.
kdh
ProposedSODA11x17_17
6/20/2017
0 0.1 0.20.05 MilesScale:
Date:
File:
Cartographer:
Proposed SODA