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Home My WebLink About01-22-19 Council Meeting 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 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Erin APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Judy Ness – Mayor’s Volunteer Award Mayor Barb Tolbert PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Marilyn Oertle 1. Minutes of the January 7 and January 14, 2019 council meetings ATTACHMENT A 2. Accounts Payable 3. Resolution declaring used water meters and scrap metal as surplus ATTACHMENT B and authorizing sale PUBLIC HEARING 1. Resolution to surplus Public Works vehicles and equipment ATTACHMENT C Staff Presentation: Kurt Patterson Council Liaison: Josh Roundy NEW BUSINESS 1. Interlocal Agreements (ILAs) with Fire Districts 19, 21, and 25 ATTACHMENT D for Emergency Medical Services (EMS) Staff Presentation: Dave Kraski Council Liaison: Sue Weiss Arlington City Council Meeting Tuesday, January 22, 2019 at 7:00 pm City Council Chambers – 110 E Third 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 711 (TDD only) prior to the meeting date if special accommodations are required. 2. Transportation Improvement Board (TIB) Grant Agreement ATTACHMENT E for roundabout at 204th Street and 77th Avenue Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 3. Ordinance rescinding 2019 Consumer Price Index (CPI) increases ATTACHMENT F for water, sewer, and stormwater utilities Staff Presentation: Jim Kelly Council Liaison: Josh Roundy DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert DRAFT Page 1 of 4 Council Chambers 110 East Third Street January 7, 2019 Councilmembers Present: Mike Hopson, Debora Nelson, Joshua Roundy, Jesica Stickles, Sue Weiss, Jan Schuette and Marilyn Oertle. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Dave Kraski, Jonathan Ventura, James Trefry, Steve Peiffle, Sheri Amundson, Bryan Terry, Kristin Banfield and Erin Keator. Also Known to be Present: Lindsay Dunn, Doug Buell. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to approve the agenda. The motion passed unanimously. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT Mr. Dunn relayed to the City Council that he had found a transient sleeping in his truck in the morning. With some persistence he was able to escort her to the hospital and remove her from his truck. He understands the Council is aware of the transient problem but wants to make sure they are still working on the issue. CONSENT AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda which was unanimously carried: 1. Minutes of the December 17, 2018 council meeting. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting January 7, 2019 Page 2 of 4 2. Accounts Payable: Approval of EFT Payments and Claims Checks #95660 through #95760 dated December 18, 2018 through December 30, 2018 for $1,078,375.71 and approval of EFT Payments and Claims Checks #95761 through #95783 dated January 1, 2019 through January 7, 2019 for $184,705.67. PUBLIC HEARING None. NEW BUSINESS City Clerk Appointment Human Resources Director James Trefry requests Council to confirm the Mayor’s appointment of Erin Keator as City Clerk, per Arlington Municipal Code 2.06.020. Mr. Trefry thanked Kristin Banfield for her taking on the position back in 2009. Discussion followed. Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to confirm the appointment of Erin Keator as City Clerk. The motion passed unanimously. Mayor Tolbert and the Councilmembers thanked Ms. Banfield for all her hard work as City Clerk over the years. Ordinance adding Information Technology Director to the Arlington Municipal Code Human Resources Director James Trefry is requesting to update the Arlington Municipal Code Title 2 to add the position of Information Technology (IT) Director. Mayor Pro Tem Marilyn Oertle moved and Councilmember Sue Weiss seconded the motion to approve the ordinance adding Information Technology Director to the Arlington Municipal Code, and authorize the Mayor to sign the ordinance. The motion passed unanimously. Appointment of Bryan Terry to Information Technology Director Human Resources Director James Trefry requested Council to confirm the Mayor’s appointment of Bryan Terry as Information Technology (IT) Director, per Arlington Municipal Code. The Council expressed how important the Information Technology Director position is to the City and with how pleased they’ve been with the IT support they receive from IT. Mayor Pro Tem Marilyn Oertle moved and Councilmember Mike Hopson seconded the motion to confirm the appointment of Bryan Terry as Information Technology Director. The motion passed unanimously. Reappointment of Mayor Dan Rankin to serve as Snohomish Health District Board of Health Representative for all small cities in County Council District #1 City Administrator Paul Ellis reviewed that the cities of Arlington, Darrington, Granite Falls, and Stanwood are required to designate a representative from amongst the city councils to the Snohomish Health District Board of Health on an annual basis. There are a total of 15 representatives on the Board of Health: the County Council, each representing their Council district, and two city representatives from each County Council district. One city representative must be from the largest city within each County Council district, and the other city representative must be selected from the remaining incorporated cities within that Council district. Darrington Mayor Dan Rankin has represented the smaller cities on the board and has agreed to be re‐appointed. The cities within County Council District #1 are Arlington, Darrington, Granite Falls, Marysville, and Stanwood, with Marysville being the largest within the District. Mayor Pro Tem Marilyn Oertle moved, and Councilmember Debora Nelson seconded the motion to reappoint Mayor Dan Rankin to serve as Snohomish Minutes of the City of Arlington City Council Meeting January 7, 2019 Page 3 of 4 Health District Board of Health Representative for all small cities in County Council District #1. The motion passed unanimously. Interlocal Agreement with Snohomish County Department of Emergency Management City Administrator Paul Ellis reviewed the Snohomish County Department of Emergency Management provides coordinated emergency management county wide. This is the 2019 update to the interlocal agreement for DEM services. The agreement will cover 2019 through 2021. The basic services provided by DEM are based on a per capita rate of $1.27 annually. Discussion followed. Mayor Pro Tem Marilyn Oertle moved, and Councilmember Debora Nelson seconded the motion to approve the Interlocal Agreement with Snohomish County Department of Emergency Management, and authorize the Mayor to sign the agreement. The motion passed unanimously. Interlocal Agreement with Snohomish County Health District for per capita for 2019 City Administrator Paul Ellis reviewed the purpose of this agreement is to establish and define the terms and conditions for the cooperative efforts to be undertaken by the Snohomish Health District to promote, facilitate, and undertake various health district programs and activities. This interlocal agreement covers 2019, with the City contributing $1.00 per capita ($19,300) to the Snohomish Health District. Discussion followed with Mr. Ellis answering questions. Mayor Pro Tem Marilyn Oertle moved, and Councilmember Debora Nelson seconded the motion to approve the Interlocal Agreement with Snohomish Health District and authorize the Mayor to sign it. The motion passed unanimously. Resolution designating an agent for receipt of claims and repealing Resolution 801. Human Resources Director James Trefry reviewed with the Council that he is seeking approval of Resolution 2019‐001. This resolution appoints the City Clerk as the designated claims agent as required by state law, and repeals Resolution 801 that appointed Kristin Banfield specifically by name as the City’s claims agent. Mayor Pro Tem Marilyn Oertle moved, and Councilmember Jesica Stickles seconded the motion to approve the resolution designating the Arlington City Clerk as the City’s designated claims agent. The motion passed unanimously. DISCUSSION ITEMS None. INFORMATION None. ADMINISTRATOR & STAFF REPORTS None. MAYOR’S REPORT Mayor Tolbert thanked everyone that attended the Small Business Revolution Meet and Greet. She stated how nice it is to have so much energy within the staff and the community regarding this experience. Minutes of the City of Arlington City Council Meeting January 7, 2019 Page 4 of 4 EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:17 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third Street January 14, 2019 Councilmembers Present: Mike Hopson, Debora Nelson, Marilyn Oertle, Joshua Roundy, Jesica Stickles, Sue Weiss, and Jan Schuette. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, City Attorney Steve Peiffle, Jonathan Ventura, Jim Kelly, Kurt Patterson, Dave Kraski, Kris Wallace, Chris Dickison, Justin Honsowetz and Erin Keator. Also Known to be Present: Doug Buell, Bob Nelson From Darrington Fire District #24: Chief Dennis Fenstermaker, Deputy Chief Drew Bono, Commissioner Mickey Coleman and Commissioner Dayn Bruner. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Interlocal Agreements (ILAs) with Fire Districts 19, 21, 24 and 25 for Emergency Medical Services (EMS) Chief Kraski reviewed the ILAs and asked Council to approve the Interlocal Agreements with Fire Districts 19, 21 and 25 for EMS Services: FD #19 – Silvana, FD #21 – Arlington Rural (Heights), #25 – Oso. The contracts are based financially on use and demand of the system rather than a percentage of the districts EMS levies. The model used is derived from the FCS study produced in 2016. Discussion followed with Chief Kraski answering questions. Chief Kraski went on to explain that this is a significant financial impact for FD #24 ‐ Darrington. He stated that representatives from Darrington FD #24 would be asking for a cost reduction to help their District to continue to provide services. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop January 14, 2019 Page 2 of 4 Darrington Chief Dennis Fenstermaker and Deputy Chief Drew Bono addressed the Council. They stated they knew late September/October 2018 that their cost would increase but did not understand by how much. With the new ILA the additional cost to his Fire District would be almost 50 percent of their entire costs to run the fire district for ALS service. They asked for an accommodation to their district to give them time to explore other options for ALS services in Darrington. They would like an extension of their current contract, for at least one year, which equates to them paying 70% of their EMS Levy which is approximately half of the $240,000 that is required of them in the new contract. They are looking at ways to mitigate some costs for Arlington. 1. Have more communication with Arlington medics. Receive all continuing education through Arlington so they understand Arlington’s protocols. 2. Become a sub‐contractor for Arlington so Arlington can bill for mileage when Darrington transports to ALS location. 3. Use a “sprint” car to allow a medic from Arlington to go to Darrington to assess a medical emergency and then either join Darrington’s transport or allow Darrington to finish transport without a medic. 4. Realign run cards so they call appropriate jurisdiction based on location of emergency. The Mayor encourages the Chiefs to keep working on a solution. The City of Arlington’s priority is to align the cost of service with our revenues. She would like for them to have a plan in the next 30 days. Councilmembers reiterated to Chief Fenstermaker that it is important for them to understand why they should subsidize Darrington; reasons outside of humanitarianism. It has taken time for the City of Arlington to adjust the costs so that we are paying actual costs and not subsidizing other departments which is what the citizens of the City of Arlington want. Chief Fenstermaker stated that Darrington Fire does not want to be a burden on the City of Arlington but they do need some time to investigate alternatives. Discussion followed. The Mayor stated that the Council will act on the contracts for FD #19, FD #21 and FD #25 at the January 22, 2019 meeting and give Darrington a month to work on this issue. Resolution to Surplus Public Works vehicles and equipment Purchasing Coordinator Kurt Patterson explained to the Council that the City currently has several vehicles and pieces of equipment that are beyond their useful life and need to be declared as surplus in order to be properly auctioned off. Mr. Patterson stated that one of the trucks, W30, will require a Public Hearing; that is on the agenda for next week. Discussion followed. Councilmembers requested the mileage for each vehicle. Mr. Patterson stated he would email the vehicle mileage to Councilmembers. Minutes of the City of Arlington City Council Workshop January 14, 2019 Page 3 of 4 Transportation Improvement Board (TIB) Grant Agreement for roundabout at 204th Street NE and 77th Avenue NE. Public Works Director Jim Kelly reviewed the Transportation Improvement Board (TIB) Grant proposal. Staff is requesting authorization for the mayor to sign an agreement for acceptance of a TIB grant for construction of a roundabout at 204th Street NE and 77th Avenue NE. Discussion followed. Resolution Declaring used water meters and scrap metal as surplus and authorizing sale Public Works Director Jim Kelly reviewed his request to have the Council approve a resolution declaring used water meters and scrap metal accumulated during 2019 and 2020 as surplus and authorize it to be sold at salvage value. Ordinance rescinding 2019 Consumer Price Index (CPI) increases for water, sewer, and stormwater utilities Public Works Director Jim Kelly reviewed the proposed ordinance to amend the Arlington Municipal Code (AMC) 13.12 allowing the City to defer implementation of the 2019 mandatory water, sewer, and stormwater utility rate increases. There is no need this year for the increase. Last increase was in 2012 and was a partial increase. Miscellaneous Council Items None. ADMINISTRATOR & STAFF REPORTS Fire Chief Kraski talked about there being two suicides in the last several days. He’s wanting to look at how to deal with these types of situations and what help they can provide to staff who responds to these types of emergencies. Discussion followed. PUBLIC COMMENT None. COUNCILMEMBER REPORTS Councilmembers Hopson, Nelson, Oertle, Roundy, Weiss, Schuette and Stickles provided brief updates. The Mayor thanked the councilmembers for going to the police awards and showing support. EXECUTIVE SESSION None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to place the resolution declaring used water meters and scrap metal as surplus and authorizing sale on the January 22, 2019 Consent Agenda. Minutes of the City of Arlington City Council Workshop January 14, 2019 Page 4 of 4 ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:00 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: January 22, 2019 SUBJECT: Resolution declaring used water meters and scrap metals as surplus and authorizing its sale ATTACHMENTS: Resolution declaring used water meters and scrap metals as surplus DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Staff is requesting that Council approve a resolution declaring used water meters and scrap metal accumulated during 2019 and 2020 as surplus and authorize it to be sold at salvage value. HISTORY: As part of performing normal business activities, the water, sewer and storm utilities accumulate used and broken water meters and other scrap metal that is no longer useful and need to be properly disposed. These items have no value other than scrap metal value and are therefore surplus to the needs of the City. The water, sewer and storm utilities have been previously authorized to dispose of the used and broken water meters and other scrap metal at salvage value. The salvage yard will issue a check to the City of Arlington in compliance with Title 19 RCW. The water, sewer and storm utilities are requesting authorization to surplus broken water meters and scrap metals for 2019 and 2020. ALTERNATIVES: Do not surplus equipment Remand to staff for further consideration RECOMMENDED MOTION: I move to approve the resolution declaring used water meters and scrap metal as surplus, and authorize the Mayor to sign the resolution for their sale for years 2019 and 2020, pending final approval by the City Attorney. 1 RESOLUTION NO. 2019‐XXX A RESOLUTION OF THE CITY OF ARLINGTON DECLARING USED WATER METERS AND SCRAP METAL AS SURPLUS AND AUTHORIZING ITS SALE WHEREAS, the City frequently comes into the possession of used water meters and other scrap metal that have no value except scrap value; and WHEREAS, the used meters and metal are a potential liability due to thieves finding the scrap value to be worth attempting to enter city facilities to steal the used meters or metal; and WHEREAS, the used water meters and scrap metal are of no use to the City and are therefore surplus to the needs of the City; NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. Any used water meters or scrap metals which come into the possession of the City be and hereby are declared surplus to the needs of the City. 2. Staff is instructed to sell all used water meters and scrap metal for the best available price at private sale or properly dispose of those that it is unable to sell. 3. This resolution is valid for calendar years 2019 and 2020. Passed by the City Council of the City of Arlington at a regular meeting on this 22nd day of January, 2019. ________________________________ Barbara Tolbert Mayor ATTEST: ___________________________ Erin Keator, City Clerk APPROVED AS TO FORM: ___________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: PH #1 Attachment C COUNCIL MEETING DATE: January 22, 2019 SUBJECT: Resolution Declaring Property as Surplus ATTACHMENTS: Resolution and Exhibit A DEPARTMENT OF ORIGIN Finance EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: The City currently has several vehicles and pieces of equipment that are beyond their useful life and need to be declared as surplus in order to be properly auctioned off. HISTORY: The City has found that the most expedient way to deal with surplus vehicles and equipment is to utilize the services of an on‐line auction site. ALTERNATIVES: None RECOMMENDED MOTION: I move to approve the Resolution declaring property as surplus, and authorize the Mayor to sign it. RESOLUTION NO. 2019‐xxx A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE WHEREAS, the City has purchased the equipment listed on the attached Exhibit “A”; and WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of The City; and NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. The equipment/property described on the attached Exhibit “A” is declared Surplus to the needs of the City. 2. Staff is instructed to trade in all items for the best available price, sell all items for the best price or properly dispose of items that it is unable to sell. Staff is further authorized to dispose of the property via an intergovernmental transfer pursuant to RCW 39.33.010. Passed by the City Council of the City of Arlington at a regular meeting on this 22 day of January, 2019. _____________________________ Barbara Tolbert Mayor ATTEST: _________________________ Erin Keator, City Clerk APPROVED AS TO FORM: __________________________ Steven J. Peiffle, City Attorney EXHIBIT A ITEM SERIAL NUMBER EX‐3 2001 Chevrolet Impala 2G1WF52E419190075 P‐33 1998 Dodge 2500 pickup 3B7KF22Z6WG218222 W‐30 2005 Ford Ranger pickup 1FTYR1U95PA53886 2489 Monroe Sand Spreader 46531 L‐78 2007 Chevrolet Silverado pickup 1GCEK19C17Z509892 L‐76 2007 Chevrolet Impala 2G1WB58K379290122 City of Arlington Council Agenda Bill Item: NB #1 Attachment D COUNCIL MEETING DATE: January 22, 2019 SUBJECT: Interlocal Agreements with Fire Districts 19, 21, and 25 for EMS Services ATTACHMENTS: Interlocal Agreements with Fire Districts 19, 21, and 25 for EMS Services DEPARTMENT OF ORIGIN EMS EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Council is asked to approve the Interlocal Agreements with Fire Districts 19, 21, and 25 for EMS Services FD #19 – Silvana FD #21 – Arlington Rural (Heights) FD #25 – Oso The contracts now before council for approval are based financially on use and demand of the system rather than a percentage of the districts EMS levies. The model used is derived from the FCS study produced in 2016. HISTORY: Renewal of the interlocal agreements is to provide Advanced Life Support service to FD19, FD 21, & FD25 and Basic Life Support service to the south side of FD21and FD25. The City has provided these services in the same or similar capacity since absorbing the EMS service from Cascade Valley Hospital in 1999. ALTERNATIVES: Take no action RECOMMENDED MOTION: I move to approve the Interlocal Agreements with Fire Districts 19, 21, and 25 for EMS Services, and authorize the Mayor to sign the agreements. 1 INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES (1) Parties. The Parties to this Agreement (the "Agreement") are the City of Arlington, State of Washington ("Arlington"), a municipal corporation, and Snohomish County Fire Protection District No. 19, a Washington municipal corporation, hereinafter referred to as the "District." (2) Purpose. Arlington maintains and operates emergency medical services (EMS) vehicles in accordance with Chapters 18.71 and 18.73 RCW and Chapter 246-976 WAC. Said vehicles are staffed by emergency medical technicians and other Personnel by law. The purpose of this Agreement is to provide the services of emergency medical technicians and other personnel as needed by the persons within the boundaries or the District. (3) Term. The term of this agreement shall be for three years, commencing January 1, 2019, and terminating on December 31, 2022; provided, however, that any party to this agreement may terminate its participation in this agreement by giving written notice of such termination to the other Party to this agreement, said termination to be effective eighteen (18) months after the giving of such notice. (4) Duties of Arlington. During the term of this Agreement, Arlington shall furnish emergency medical services, including ambulance and advanced life support services, to all persons within the geographical boundaries of the District. The emergency medical services shall be rendered on the same basis as such services are rendered to persons within the city limits of Arlington, but Arlington assumes no liability for failure to provide such services by reason of any circumstances beyond its control. (5) Arlington to Comply with Statutes. It shall be the duty of Arlington during the Agreement to provide vehicles and personnel conforming to the statutory and regulatory requirements of Chapter 18.71 and 18.73 RCW and Chapter 246-976 WAC. (6) State Certification Required. In the event for any reason Arlington shall lose its required state certification of its medical services vehicles and personnel and therefore become unable to perform the services required of it under this Agreement, it shall immediately notify the District. During the period of such discontinuance of service, the annual payment to be made by the District under Paragraph 15, below, shall be reduced by1/365th for each day or portion there of that Arlington is unable to perform such services. (7) Arlington as Administrator. Arlington shall provide the administration necessary to supervise the services provided under this Agreement regarding advanced life support services. (8) Assignment of Personnel and Equipment. Arlington shall be responsible for the supervision, employment, termination, assignment and stationing of all Arlington personnel and equipment performing under this Agreement. (9) Payment for Services. Payment for 2019 through 2021 EMS service to include ALS Services in grids determined by Fire District #19 will be established using the model financial 2 formula first established for the city in 2015 by the FCS Group (“City of Arlington Cost of Service and Ambulance Utility Rate Study”, March 3, 2016, hereafter “the FCS study”), which is incorporated herein by this reference. This model looks at the overall demand and availability by a contract agency of the city’s Emergency Medical Services. The formula will use the previous full-year CAD data from Sno. Co. 911 (i.e. for 2019 rates 2017 call volume was used). For 2019 EMS services District 19’s fee is estimated to be $65,000.00. An annual audit will be completed by 8/31 of the following year to establish if the above estimated amount was above or below what is due. The correction will be billed or credited in the second half payment of that year. This model will be used for each year of the contract. Semi-annual invoices will be billed in April and October of each year with payments due by May 31st and November 30th. The FCS study will be updated externally every five years by the FCS Group and the costs will be shared equitably by all partner agencies. The next update will be in 2020. (10) Liability. Each of the Parties to this Agreement shall, at all times, be solely responsible for the acts or failure to act of its personnel only, and shall save and hold the other Parties and their personnel harmless from all costs, expenses, losses, and damages, including costs of defense, incurred as a result of any acts or omissions or the Party's personnel relating to the performance of this Agreement. (11) Insurance. Arlington shall provide insurance coverage for operations conducted under this Agreement. This agreement shall include all risk property insurance, insuring Arlington's equipment and building required for the provision of services under this Agreement; general liability insurance, including errors and omissions coverage, with policy limit of $5,000,000.00; complete auto insurance, including comprehensive and collision coverage; and liability coverage with policy limits of $5,000,000.00. Participation in a self-insurance pool with equivalent coverages shall satisfy the requirement of this paragraph. (12) Modification. This Agreement represents the entire agreement between the Parties. No notice of termination or attempted waiver of any of the provisions of this Agreement shall be binding on any Party unless executed in writing by an authorized representative of said Party. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the Parties, and shall only be modified by written agreement of all Parties. (13) Benefits. This Agreement is entered into for the benefit of the Parties hereto only and shall confer no benefits, direct or implied, on any third persons. (14) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing, and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the receiving Party at the address as stated below or at such address as any Party may designate at any time in writing. 3 (15) Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed counterparts shall be kept on file in the Arlington City Clerk's office. A signed document shall be recorded with the county auditor and/or posted on the Arlington web site as required by RCW 39.34.040. DATED this _________ day of __________________ 2018. CITY OF ARLINGTON ___________________________ Barb Tolbert, Mayor ATTEST: Address for notice purposes: 238 N Olympic Avenue Arlington, WA 98223 __________________________ Kristin Banfield, City Clerk SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO.19 By: _____________________________ Commissioner By: ____________________________ Commissioner By: ____________________________ Commissioner Address for Notice Purposes: 2720 212th Street NW Stanwood, WA. 98292 INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES AGREEMENT REGARDING 2019-2022 SERVICES (1) Parties. The Parties to this Agreement (the "Agreement") are the City of Arlington, State of Washington ("Arlington"), a municipal corporation, and Snohomish County Fire Protection District No. 21, a Washington municipal corporation, hereinafter referred to as the "District." (2) Purpose. Arlington maintains and operates emergency medical services (EMS) vehicles in accordance with Chapters 18.71 and 18.73 RCW and Chapter 246-976 WAC. Said vehicles are staffed by emergency medical technicians, paramedics, and other personnel by law. The purpose of this Agreement is to establish the terms under which Arlington will provide the services of emergency medical technicians and other personnel within the boundaries of the District. (3) Term. The term of this agreement shall be for three years, commencing January 1, 2019, and terminating on December 31, 2022; provided, however, that any party to this agreement may terminate its participation in this agreement by giving written notice of such termination to the other Party to this agreement, said termination to be effective eighteen (18) months after the giving of such notice, unless mutually agreed upon. (4) Duties of Arlington. During the term of this Agreement, Arlington shall furnish Emergency Medical Services to all persons within the geographical boundaries of the District ("Services"). The emergency medical services shall be rendered on the same basis as such services are rendered to persons within the city limits of Arlington, but Arlington assumes no liability for failure to provide such services by reason of any circumstances beyond its control. (5) Arlington to Comply with Statutes. It shall be the duty of Arlington during the Agreement to provide vehicles and personnel conforming to the statutory and regulatory requirements of Chapter 18.71 and 18.73 RCW and Chapter 246-976 WAC. (6) State Certification Required. In the event for any reason Arlington shall lose its required state certification of its medical services vehicles and personnel and therefore become unable to perform the services required of it under this Agreement, it shall immediately notify the District. During the period of such discontinuance of service, the annual payment to be made by the District under Paragraph 15, below, shall be reduced by 1/365th for each day or portion thereof that Arlington is unable to perform such services. (7) Arlington as Administrator. Arlington shall provide the administration necessary to supervise the services provided under this agreement. (8) Assignment of Personnel and Equipment. Arlington shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment required to perform the Services Arlington and District recognize and agree that overall incident command at emergency fire scenes outside of the City limits will be controlled by the highest ranking officer at the emergency scene. Arlington and District recognize and agree that at EMS incident command at emergency medical services scenes will be controlled by the highest-ranking officer at the emergency scene. (9) Payment for Services. Payment for 2019 through 2021 EMS services to include ALS Services throughout the entire district and BLS services in the south side of the district (AQ-W Grids) will be established using the model financial formula first established for the city in 2015 by the FCS Group (“City of Arlington Cost of Service and Ambulance Utility Rate Study”, March 3, 2016, hereafter “the FCS study”), which is incorporated herein by this reference. This model looks at the overall demand and availability by a contract agency of the city’s Emergency Medical Services. The formula will use the previous full-year CAD data from Sno. Co. 911 (i.e. for 2019 rates 2017 call volume was used). For 2019 EMS services District 21’s fee is estimated to be $290,000.00. An annual audit will be completed by 8/31 of the following year to establish if the above estimated amount was above or below what is due. The correction will be billed or credited in the second half payment of that year. This model will be used for each year of the contract. Semi-annual invoices will be billed in April and October of each year with payments due by May 31st and November 30th. The FCS study will be updated externally every five years by the FCS Group and the costs will be shared equitably by all partner agencies. The next update will be in 2020. (10) Liability. Each of the Parties to this Agreement shall, at all times, be solely responsible for the acts or failure to act of its personnel only, and shall save and hold the other Parties and their personnel harmless from all costs, expenses, losses, and damages, including costs of defense, incurred as a result of any acts or omissions or the Party's personnel relating to the performance of this Agreement. (11) Insurance. Arlington shall provide insurance coverage for operations conducted under this Agreement. This agreement shall include all risk property insurance, insuring Arlington's equipment and building required for the provision of services under this Agreement; general liability insurance, including errors and omissions coverage, with policy limit of $5,000,000.00; complete auto insurance, including comprehensive and collision coverage; and liability coverage with policy limits of $5,000,000.00. Participation in a self-insurance pool with equivalent coverages shall satisfy the requirement of this paragraph. (12) Modification. This Agreement represents the entire agreement between the Parties. No attempted waiver of any of the provisions of this Agreement shall be binding on any Party unless executed in writing by an authorized representative of said Party. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the Parties, and shall only be modified by written agreement of all Parties. (13) Benefits. This Agreement is entered into for the benefit of the Parties hereto only and shall confer no benefits, direct or implied, on any third persons. (14) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing, and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the receiving Party at the address as stated below or at such address as any Party may designate at any time in writing. (15) Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed counterparts shall be kept on file in the Arlington City Clerk's office. A signed document shall be recorded with the county auditor and/or posted on the Arlington web site as required by RCW 39.34.040. DATED this ____ day of _____________ 2018. CITY OF ARLINGTON _______________________________________ Barbara Tolbert, Mayor Address for notice purposes: 238 N. Olympic Avenue Arlington, WA. 98223 ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: _______________________________ Steven J. Peiffle, City Attorney SNOHOMISH COUNTY FIRE PROCTECTION DISTRICT NO.21 By: _____________________________ Eric Nordstrom, Commissioner By: _____________________________ Dave Safford, Commissioner By: _____________________________ Ed Taft, Commissioner APPROVED AS TO FORM: __________________________ Attorney for District 21 ATTEST: __________________________ District Secretary 1 INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES (1) Parties. The Parties to this Agreement (the "Agreement") are the City of Arlington, State of Washington ("Arlington"), a municipal corporation, and Snohomish County Fire Protection District No. 25, a Washington municipal corporation, hereinafter referred to as the "District." (2) Purpose. Arlington maintains and operates emergency medical services (EMS) vehicles in accordance with Chapters 18.71 and 18.73 RCW and Chapter 246-976 WAC. Said vehicles are staffed by emergency medical technicians and other Personnel by law. The purpose of this Agreement is to provide the services of emergency medical technicians and other personnel as needed by the persons within the boundaries or the District. (3) Term. The term of this agreement shall be for three years, commencing January 1, 2019, and terminating on December 31, 2022; provided, however, that any party to this agreement may terminate its participation in this agreement by giving written notice of such termination to the other Party to this agreement, said termination to be effective eighteen (18) months after the giving of such notice. (4) EMS Duties of Arlington. During the term of this Agreement, Arlington shall furnish emergency medical services, including ambulance, basic life support services, and advance life support services, to all persons within the geographical boundaries of the District. The emergency medical services shall be rendered on the same basis as such services are rendered to persons within the city limits of Arlington, but Arlington assumes no liability for failure to provide such services by reason of any circumstances beyond its control. (5) Arlington to Comply with Statutes. It shall be the duty of Arlington during the Agreement to provide vehicles and personnel conforming to the statutory and regulatory requirements of Chapter 18.71 and 18.73 RCW and Chapter 246-976 WAC. (6) State Certification Required. In the event for any reason Arlington shall lose its required state certification of its medical services vehicles and personnel and therefore become unable to perform the services required of it under this Agreement, it shall immediately notify the District. During the period of such discontinuance of service, the annual payment to be made by the District under Paragraph 15, below, shall be reduced by1/365th for each day or portion thereof that Arlington is unable to perform such services. (7) Arlington as Administrator. Arlington shall provide the administration necessary to supervise the services provided under this Agreement. (8) Assignment of Personnel and Equipment. Arlington shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment performing under this Agreement. (9) Payment for Services. Payment for 2019 through 2021 EMS services to include ALS and BLS Services throughout the entire district will be established using the model financial formula 2 first established for the city in 2015 by the FCS Group (“City of Arlington Cost of Service and Ambulance Utility Rate Study”, March 3, 2016, hereafter “the FCS study”), which is incorporated herein by this reference. This model looks at the overall demand and availability by a contract agency of the city’s Emergency Medical Services. The formula will use the previous full-year CAD data from Sno. Co. 911 (i.e. for 2019 rates 2017 call volume was used). For 2019 EMS services District 25’s fee is estimated to be $58,000.00. An annual audit will be completed by 8/31 of the following year to establish if the above estimated amount was above or below what is due. The correction will be billed or credited in the second half payment of that year. This model will be used for each year of the contract. Additionally we will provide you with your EMS supply “soft goods” at no charge. Semi-annual invoices will be billed in April and October of each year with payments due by May 31st and November 30th. The FCS study will be updated externally every five years by the FCS Group and the costs will be shared equitably by all partner agencies. The next update will be in 2020. (10) Liability. Each of the Parties to this Agreement shall, at all times, be solely responsible for the acts or failure to act of its personnel only, and shall save and hold the other Parties and their personnel harmless from all costs, expenses, losses, and damages, including costs of defense, incurred as a result of any acts or omissions or the Party's personnel relating to the performance of this Agreement. (11) Insurance. Arlington shall provide insurance coverage for operations conducted under this Agreement. This agreement shall include all risk property insurance, insuring Arlington's equipment and building required for the provision of services under this Agreement; general liability insurance, including errors and omissions coverage, with policy limit of $5,000,000.00; complete auto insurance, including comprehensive and collision coverage; and liability coverage with policy limits of $5,000,000.00. Participation in a self-insurance pool with equivalent coverages shall satisfy the requirement of this paragraph. (12) Modification. This Agreement represents the entire agreement between the Parties. No notice of termination or attempted waiver of any of the provisions of this Agreement shall be binding on any Party unless executed in writing by an authorized representative of said Party. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the Parties, and shall only be modified by written agreement of all Parties. (13) Benefits. This Agreement is entered into for the benefit of the Parties hereto only and shall confer no benefits, direct or implied, on any third persons. (14) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing, and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the receiving Party at the address as stated below or at such address as any Party may designate at any time in writing. 3 (15) Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed counterparts shall be kept on file in the Arlington City Clerk's office. A signed document shall be recorded with the county auditor and/or posted on the Arlington web site as required by RCW 39.34.040. DATED this _________ day of __________________ 2018. CITY OF ARLINGTON ___________________________ Barb Tolbert, Mayor ATTEST: Address for notice purposes: 238 N Olympic Avenue Arlington, WA 98223 __________________________ Kristin Banfield, City Clerk SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO.25 By: _____________________________ Commissioner By: ____________________________ Commissioner By: ____________________________ Commissioner Address for Notice Purposes: 21824 SR 530 NE Arlington, WA 98223 City of Arlington Council Agenda Bill Item: NB #2 Attachment E COUNCIL MEETING DATE: January 22, 2019 SUBJECT: Grant Agreement with the Washington State Transportation Improvement Board (TIB) ATTACHMENTS: Grant Agreement DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: None BUDGET CATEGORY: Transportation Improvement Fund (310) BUDGETED AMOUNT: $2,472,000 (2019‐2020) LEGAL REVIEW: DESCRIPTION: Staff is requesting authorization for the mayor to sign an agreement for acceptance of a TIB grant for construction of a roundabout at 204th and 77th Ave. HISTORY: The Transportation Improvement Board (TIB) offers funding for high priority transportation projects in Washington communities to enhance the movement of people, goods and services. In the 2019 TIB funding cycle staff applied for and received a grant to install a roundabout at the intersection of 204th St and 77th Ave (Project # I‐8). The city has been awarded $1,617,000.00 for design, right of way procurement, and construction of the roundabout, the City will provide $855,000 as grant match from the transportation improvement fund. The project has been planned for design to start in 2019 and construction in 2020 with required match funds included in the 2019‐2020 budget, pending award of the grant. ALTERNATIVES: Do not accept the grant RECOMMENDED MOTION: I move to approve the grant agreement with the Transportation Improvement Board and authorize the Mayor to sign it, pending final approval be the City Attorney. City of Arlington Council Agenda Bill Item: NB #3 Attachment F COUNCIL MEETING DATE: January 22, 2019 SUBJECT: Amend Arlington Municipal Code 13.12 rescinding the scheduled 2019 CPI increase to the water, sewer, and stormwater utility rates. ATTACHMENTS: Ordinance DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Amend Arlington Municipal Code (AMC) 13.12 allowing the City to defer implementation of the 2019 mandatory water, sewer, and stormwater utility rate increases. HISTORY: AMC 13.12.040 mandates that the water, sewer, and stormwater utility rates be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle‐ Tacoma‐Bremerton area. Staff has reviewed the current utility budget forecast and has determined that the mandatory CPI increase is not necessary for 2019. ALTERNATIVES: Do not approve the amendment to AMC 13.12.040 Table for further discussion RECOMMENDED MOTION: I move to approve the proposed ordinance rescinding the scheduled 2019 CPI increase to the water, sewer, and stormwater utility rates, and authorize the Mayor to sign it, pending final approval by the City Attorney. ORDINANCE NO. 2019-XXX 1 ORDINANCE NO. 2019-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE CHAPTER 13.12 PERTAINING TO UTILITY RATES WHEREAS, the City of Arlington has the authority to set rates and charges for its utility system; and WHEREAS, the City’s Public Works department conducted a utility billing analysis in 2018 to determine the cost of service to provide water and wastewater services to Arlington’s utility customers; and WHEREAS, based on the analysis completed, the City proposes to maintain the current 2018 rates for 2019 for all customer classes; and WHEREAS, the City Council considered this amendment at their workshop on January 14, 2019 and at their regular meeting held on January 22, 2019, and determined approving the amendment was in the best interest of the City and its citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Section 13.12.040 shall be and hereby is amended to read as follows: 13.12.040 - Water rates and charges. Applicable state and city utility taxes are included in the following rates and charges for water service. The total monthly water charges for every service shall include the Base Charge, and the consumption charge, as set forth below. Beginning on January 15, 2020, the rates set forth for the year 2019 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be made for the period from January 15, 2019 to January 14, 2020; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE NO. 2019-XXX 2 (1) Minimum monthly Base Charge schedule: Basic Charge By Meter Size 2019 RATES 5/8 "— 3/4" $32.15 1" $44.96 1.5" $57.78 2" $93.07 3" $353.50 4" $450.05 (2) Monthly rate schedule charged for water consumption: Consumption Rate per 100 cubic feet (cf) 2019 RATES First 300 cf $2.94 Note - Included in Base Charge for SFR and Commercial water services only Next 700 cf $2.94 Over 1,000 cf $3.10 Over 3,000 cf $3.10 (3) Fair and equitable minimum rates for water consumers having meters larger than four inches shall be fixed by the city council and written agreements shall be entered with the users setting forth said rates. The city council may enter into contracts with water users deviating from such rates where special circumstances dictate; provided that, such rates shall not be discriminatory. (4) Temporary water service. Temporary water service for construction purposes, or for any other purpose temporary in nature that will not require a permanent service installation must be obtained through a Fire Hydrant Use Permit as stipulated in AMC 13.04.100(e). Charges for temporary use of water shall be as follows: Temporary Water Services Charges Security Deposit $750.00 Monthly Equipment Rental Fee (¾" meter) $50.00 ORDINANCE NO. 2019-XXX 3 Usage Rate First 300 cubic feet (cf) Included in base rate Next 700 cubic feet $2.94 Over 1,000 cubic feet $3.10 Over 3,000 cubic feet $3.10 (A) The security deposit shall be refunded to the customer after the equipment has been returned and inspected for any damages; customer shall be solely responsible for all damages. Customers shall be billed on a monthly basis for monthly equipment rental charges and usage fees from the date of temporary service installation. (B) The usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no CPI adjustment shall be made for the period from January 15, 2012 to January 14, 2020, and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 2. Arlington Municipal Code Section 13.12.130 shall be and hereby is amended to read as follows: 13.12.130 - Residential sewer rates and charges. Applicable state and city utility taxes are included in the following rates and charges for sewer service. The total monthly sewer charges for every SFR and MFR service shall be a flat fee and not based on metered water consumption. The effective dates for the following sewer rates will be based on the city's billing cycle for use beginning on January 1, 2019. Beginning on January 15, 2020, the rates set forth for the year 2019 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Monthly charge (sewer) 2019 RATE Single Family Residential $70.15 Multi-Family Residential $54.00 ORDINANCE NO. 2019-XXX 4 Section 3. Arlington Municipal Code Section 13.12.140 shall be and hereby is amended to read as follows: 13.12.140 - Commercial sewer rates and charges. (a) All sanitary sewer services connected to any public or private premises that are defined as “Commercial classification” in Section 13.12.110 shall be charged for sanitary sewer service upon the basis of water consumption. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following rates will be based on the city's billing cycle for use beginning on January 1, 2019. Each user shall pay a minimum monthly charge of one base rate plus a volume rate for all consumption over three hundred cubic feet per month. Monthly charge (sewer) 2019 RATE Base rate (includes 300 cubic feet of water consumption) $70.15 Volume rate (per 100 cubic feet of metered water consumption) $7.25 (b) Beginning on January 15, 2020, and on January 15th each year thereafter the rates set forth for the year 2019 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle- Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change, provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 4. Arlington Municipal Code Section 13.12.150 shall be and hereby is amended to read as follows: 13.12.150 - Industrial user classification and charges. The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250, and Chapter 13.36, shall be as follows: (1) All user charges shall be based upon equitable unit charges established for flow BOD (biochemical oxygen demand) loading and TSS (total suspended solids) loading, based upon the average BOD, TSS and other parameter(s) concentrations (as established by the public works director) monitored for the industrial user and the flow recorded in the monitoring manhole ORDINANCE NO. 2019-XXX 5 or water use. (2) A minimum monthly charge will be established by the city to cover the basic sewer costs and monitoring of the industrial user's wastewater discharge, and in the event the monthly sewer bill does not exceed this amount the industrial user shall agree to pay the estimated minimum monthly charge. This charge shall be reviewed from time to time and adjusted to ensure the charge is covering the monitoring services and sewer costs provided and must be reviewed every two years. Initially, the monthly charges shall be based on the following, unless otherwise established in the negotiated discharge permit: (A) For an industrial user with waste strength less than two hundred fifty mg/l, measured as five-day BOD and TSS, and other parameters within limits established in Sections 13.08.240, 13.08.250, [and Chapter] 13.36, and whose discharge does not require regular monitoring other than flow, the minimum monthly charge is as set forth below: Sewer Charges (monthly) 2019 RATE Waste strength <250 mg/l $429.00 (B) For an industrial user with waste strength in excess of two hundred fifty mg/l for two months or more per year, the minimum monthly charge is as set forth below: Sewer Charges (monthly) 2019 RATE Waste strength >250 mg/l $1,715.00 (C) Beginning January 15, 2020, and each January 15th thereafter, the charges set forth in subsections (1)(A) and (1)(B), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (3) Until such time as a sewer user charge analysis can be conducted to establish equitable charges under a negotiated discharge permit between the city and the industrial user, the following shall be used as the basis for industrial user charges: (A) Flow based charge per cubic foot of wastewater discharged; (B) BOD charge per pound of BOD discharged; and (C) TSS charge per pound of TSS discharged, pursuant to the following table: ORDINANCE NO. 2019-XXX 6 Sewer charge (monthly) 2019 RATE Flow-based charge (per cubic foot) $0.02051 BOD charge (per pound BOD) $0.645 TSS charge (per pound TSS) $0.431 (D) Beginning January 15, 2020, and each January 15th thereafter, the charges set forth in subsection (c), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (4) Flow shall be based upon one hundred percent of the water consumption or rate of flow of wastewater discharge into the sewer (measured in an industrial user installed flow measurement and recording equipment installed in control manhole, pursuant to Chapter 13.36). Strength of wastewater discharged shall be established based upon twenty-four-hour composite samples made by the city at the control manhole and tested by the city's wastewater treatment plant laboratory or state certified testing laboratory. All testing shall be in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS, pounds per day, shall be calculated based upon concentration of composite samples and established flow rates. (5) Appeal. (A) If any user believes that a portion of the user's metered flow, larger than ten percent, is not discharged into the sewer system (when flow measurement is not provided in the control manhole), the user should make written application to the public works director for review of the user's flow of wastewater. If the public works director agrees that charges for the user should be adjusted, they shall so notify the city council, which may approve such change, or direct a recomputation of the user's sewer rates. (B) If the public works director does not agree to the adjustment of user charges, the user may further appeal to the city council, which may direct further study or take other appropriate action. Section 5. Arlington Municipal Code Section 13.12.540 shall be and hereby is amended to read as follows: ORDINANCE NO. 2019-XXX 7 13.12.540 - Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (1) State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (2) Beginning on January 15, 2020, the rates set forth for the year 2019 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that no annual increase shall exceed two percent; and provided further, that notwithstanding any reduction in the CPI, rates shall not decrease. Stormwater charges (monthly) 2019 RATE Base rate per ESU $6.89 (3) For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 7. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. ORDINANCE NO. 2019-XXX 8 PASSED BY the City Council and APPROVED by the Mayor this _____ day of January, 2019. CITY OF ARLINGTON _______________________ Barbara Tolbert, Mayor Attest: __________________________ Erin Keator, City Clerk Approved as to form: __________________________ Steven J. Peiffle City Attorney