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Home My WebLink About12-16-19 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 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 – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 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 December 2 and December 9, 2019 Council meetings ATTACHMENT A 2.Accounts Payable 3.Contract with Snohomish County Fire Marshal’s Office for ATTACHMENT B Fire Investigation Services 4.Memorandum of Understanding with Stilly Valley Little League ATTACHMENT C 5. Memorandum of Understanding with Venom Baseball & Softball Club ATTACHMENT D PUBLIC HEARING NEW BUSINESS 1. Adopt Ordinance Amending the 2019 Budget ATTACHMENT E Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Marilyn Oertle 2. Adopt Ordinance Modifying the 2020 Budget ATTACHMENT F Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Marilyn Oertle Arlington City Council Meeting December 16, 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. 3. Salary Schedule for Non-Represented Employees for 2020 ATTACHMENT G Staff Presentation: James Trefry Council Liaison: Mayor Pro Tem Marilyn Oertle 4. Appointments to Airport Commission ATTACHMENT H Staff Presentation: Dave Ryan Council Liaison: Jan Schuette 5. Transportation Improvement Board Grant Agreement for ATTACHMENT I SR-531/40th Avenue Intersection Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 6. Consultant Contract for 204th Street NE Right-of-Way Acquisition ATTACHMENT J Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 7. Resolution Authorizing Acceptance of Grant Funds for Planning Work ATTACHMENT K Staff Presentation: Marc Hayes Council Liaison: Mike Hopson DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Barb Tolbert DRAFT Page 1 of 3 Council Chambers 110 East Third Street December 2, 2019 Councilmembers Present: Mike Hopson, Jan Schuette, Marilyn Oertle, Debora Nelson, Sue Weiss, and Jesica Stickles. Council Members Absent: Joshua Roundy, excused absence. Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Banfield, James Trefry, Kristin Garcia, Jonathan Ventura, Jim Kelly, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Don Vanney, Cristy Brubaker, and Maxine Jenft. 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 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. PROCLAMATIONS None. PUBLIC COMMENT None. CONSENT AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the November 18 and November 25, 2019 Council meetings 2. Accounts Payable: EFT Payments and Claims Checks #98332 through #98420 dated November 19, 2019 through December 2, 2019 for $463,493.10. City Council Meeting Minutes of the City of Arlington City Council Meeting December 2, 2019 Page 2 of 3 PUBLIC HEARING Ordinance to Amend the 2019 Budget Finance Director Kristin Garcia reviewed the proposed 2019 budget amendments. This item will be brought forward for Council approval at the December 16 Council meeting. 7:06:50 Public Hearing was opened. 7:06:53 With no one wishing to speak, the Public Hearing portion was closed. 7:07:06 Council questions were opened. 7:07:07 Public Hearing was closed. Ordinance to Modify the 2020 Budget Finance Director Kristin Garcia reviewed the proposed 2020 budget modifications. This item will be brought forward for Council approval at the December 16 Council meeting. 7:10:19 Public Hearing was opened. 7:10:26 With no one wishing to speak, the Public Hearing portion was closed. 7:10:27 Council questions were opened. 7:10:47 Public Hearing was closed. NEW BUSINESS Minutes of the November 12, 2019 Council meeting City Administrator Paul Ellis requested Council approve the minutes of the November 12, 2019 Council meeting. Mayor Pro Tem Marilyn Oertle moved and Councilmember Jan Schuette seconded the motion to approve the minutes of the November 12, 2019 City Council meeting, as presented. The motion passed with a 5-1 vote, with Councilmember Sue Weiss voting no. Murraysmith Design Contract 2020/21 Utility-Pavement plus Smokey Point Blvd Overlay Public Works Director Jim Kelly requested Council approve the Scope of Work and Fee Estimate from consultant Murraysmith for design services to support the 2020-2021 Utility Improvement & Pavement Preservation and Smokey Point Blvd Overlay projects. Councilmember Debora Nelson moved and Councilmember Mike Hopson seconded the motion to accept the MSA scope of work and fee for the 2020-2021 utility and pavement preservation project and for the Smokey Point Blvd Overlay project, and authorized the Mayor to sign the contract, pending final approval by the City Attorney. The motion passed unanimously. Island Crossing Roundabout Design Contract with SCJ Alliance Public Works Director Jim Kelly requested Council approve a contract with SCJ Alliance for Island Crossing Roundabout Design for design work on the roundabout for the Island Crossing intersection near the Pilot Truck stop. Councilmember Debora Nelson moved and Marilyn Oertle seconded the motion to accept the SCJ Alliance Scope of Work and Fee, and authorized the Mayor to sign the contract with SCJ Alliance, pending final approval by the City Attorney. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting December 2, 2019 Page 3 of 3 At this time, Mayor Tolbert recused herself, and Mayor Pro Tem Marilyn Oertle continued as Chair. 2020 Lodging Tax Distribution Finance Director Kristin Garcia requested Council approve the Lodging Tax Advisory Committee’s recommendation for the 2020 funding distributions. Councilmember Debora Nelson moved and Councilmember Jan Schuette seconded the motion to approve the 2020 funding distributions as recommended by the Lodging Tax Advisory Committee. The motion passed with a 5-1vote, with Councilmember Sue Weiss voting no. Mayor Tolbert rejoined the meeting and resumed her position as Chair. DISCUSSION ITEMS None. INFORMATION None. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis asked Council if they would like December 16 to be the last meeting of the year because there are no agenda items for the December 23 meeting. Council decided the last meeting of the year will be Monday, December 16. Council will resume Monday, January 6, 2020 with a meeting. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:21 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third Street December 9, 2019 Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Josh Roundy, Jesica Stickles and Sue Weiss. Council Members Absent: Jan Schuette, excused absence. Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, Sheri Amundson, Jonathan Ventura, Dave Kraski, Marc Hayes, Jim Kelly, Kris Wallace, Dave Ryan, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Don Vanney, Robert Anderson, Scott Tompkins, Holly Sloan-Buchanan, Michele Blythe, and Lindsay Dunn. 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 PROCLAMATIONS None WORKSHOP ITEMS – NO ACTION WAS TAKEN Contract with Snohomish County Fire Marshal’s Office for Fire Investigation Services Chief Dave Kraski presented a renewal of the existing interlocal agreement with Snohomish County. The fee for the service is based on an hourly rate when services are requested; $103 per hour in 2020, and increases by about 3% each year of the agreement. The expiring interlocal agreement began on April 24, 2014. This agreement will again be for five years through December 31, 2024. These services will be additional and a backup to the services being provided in the Interlocal Agreement with North County Fire for the shared position of Fire Marshal if AC Makela is out of the area or not available. The Snohomish County services will serve as a back-up or additional at a large incident. Discussion followed with Chief Kraski answering Council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop December 9, 2019 Page 2 of 4 Transportation Improvement Board Grant Agreement for SR-531/40th Avenue Intersection Public Works Director Jim Kelly presented a grant agreement with the Washington State Transportation Improvement Board (TIB) for installation of a signal at 40th Ave and SR-531, and for elimination of center turn lanes along SR-531 between Smokey Point Blvd and 43rd Ave. The half mile long section of SR-531between Smokey Point Blvd and 43rd Ave is a urbanized corridor containing a mix of residential and commercial occupancies. The City proposed a project for the removal of the center turn lane and installation of a signal at 40th Ave to provide three needed benefits for the community – Traffic Calming, Pedestrian Safety, and Transit Facilities. The center turn-lane removal will allow the installation of a landscaped and/or hardscaped median that will increase street aesthetics through this mixed-use area. Staff applied for a grant to fund the project through the TIB and was awarded a grant in November 2019. Discussion followed with Mr. Kelly answering Council questions. Consultant Contract for 204th Street NE Right-of-Way Acquisition Public Works Director Jim Kelly presented a Scope of Work (SOW) from Universal Field Services for Right of Way (ROW) procurement services for the 204th/77th Roundabout Project. The City of Arlington is moving forward with the installation of a roundabout at the 204th St and 77th Ave/Olympic Place intersection as a traffic movement control strategy. The installation of the roundabout will require procurement of right of way from five abutting parcel owners. The City follows the WSDOT right of way procurement policy whereby an independent third party negotiates for the right of way purchase without involvement by the City; Universal Field Services is a consulting firm that provides that independent third party negotiating service. The City has worked with Universal Field Services in the past and is recommending that the City contract with them for this project. Discussion followed with Mr. Kelly answering Council questions. Memorandum of Understanding with Stilly Valley Little League Administrative Services Director James Trefry presented a Memorandum of Understanding (MOU) with Stilly Valley Little League. The City of Arlington and the Stilly Valley Little League (SVLL) have had a long term partnership sharing maintenance and capital improvement work at Quake field. Both the City and the SVLL have benefited in the past from a working relationship and both want to continue into the future. This Memorandum of Understanding (MOU) is for a two-year period (2019 and 2020). The partnership includes volunteer contributions by SVLL and specific capital improvement projects and a ballfield fee rate reduction of 50 percent (2019 and 2020 rates) for SVLL. Minutes of the City of Arlington City Council Workshop December 9, 2019 Page 3 of 4 In 2011 the City and SVLL entered into a one-year Memorandum of Understanding (MOU) detailing use and maintenance responsibilities for ball fields at Quake Park and Evans Park. The City and SVLL have drafted the attached MOU that contains some of the same terms agreed to earlier but covers a two-year period and identifies specific work to be performed to qualify for the rate discount. Discussion followed with Mr. Trefry answering Council questions. Memorandum of Understanding with Venom Baseball & Softball Club Administrative Services Director James Trefry presented a Memorandum of Understanding (MOU) with Venom Baseball and Softball Club. The City of Arlington and the Venom Baseball & Softball Club (VENOM) have discussed entering into a more formal partnership sharing maintenance and capital improvement work at Evans field. Both the City and the VENOM have benefited in the past from a working relationship and both want to continue into the future. This Memorandum of Understanding (MOU) is for a two-year period (2019 and 2020). The partnership includes volunteer contributions by VENOM including specific capital improvement projects and a ballfield fee rate reduction of 50 percent (2019 and 2020 rates) for VENOM. The MOU covers a two-year period and identifies specific work to be performed to qualify for the rate discount. Discussion followed with Mr. Trefry answering Council questions. Resolution Authorizing Acceptance of Grant Funds for Planning Work Community and Economic Development Director Marc Hayes presented a resolution to authorize grant funds from Department of Commerce in the amount of $50,000.00 for Planning Work related to E2SHB 1923. The Department of Commerce provided a grant funding opportunity to create and adopt action items as described in Engrossed Second Substitute House Bill (E2SHB) 1923. The City successfully applied for the funds to create and adopt a Housing Action Plan to identify and implement certain elements of E2SHB 1923. Discussion followed with Mr. Hayes answering Council questions. Appointments to Airport Commission Airport Director Dave Ryan presented two proposed appointees to Airport Commission. The Airport Commission Selection Committee conducted interviews of two applicants over the past two weeks, evaluated those applicants, and selected Scott Tomkins and Robert Anderson. Discussion followed with Mr. Ryan answering Council questions. Salary Schedule for Non-Represented Employees for 2020 Administrative Services Director James Trefry presented the 2020 Non-represented Employees salary schedule. He distributed printed information to Councilmembers. Minutes of the City of Arlington City Council Workshop December 9, 2019 Page 4 of 4 Human Resources is proposing the adoption of a revised salary schedule for the City’s non-represented employees not covered by a collective bargaining agreement. The proposed schedule provides the same 12-step pay structure as lasted adopted by Council on October 7, 2019 with a 3.0% market adjustment for 2020 Pay Grades B-AA and an increase in the rate of Pay Grade A to a maximum rate of $17.00/hour. This change does not result in any current budget impact. For 2020, as in 2019, the market adjustment is applied to the annual salary amount for Pay Grades B-AA. All salaries are based on the annual amount and are then backed into the monthly/ hourly rates. Discussion followed with Mr. Trefry answering Council questions. Miscellaneous Council Items Councilmember Stickles requested that the CAB for agenda item #3-C - Consultant Contract for 204th Street NE Right-of-Way Acquisition, include “not to exceed” under budgeted amount, and also be included in the motion, as well, for next Monday’s Council meeting on December 16, 2019. ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis indicated he will be compiling follow up questions for Councilmembers to answer from the September 30 Joint Meeting with the Hospitals and School District, to better address future discussions. PUBLIC COMMENT None. COUNCILMEMBER REPORTS Councilmembers Nelson, Oertle, and Stickles provided brief updates, while Councilmembers Roundy, Hopson, and Weiss had nothing to report this evening. EXECUTIVE SESSION None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to place the following items on the consent agenda for the December 16, 2019 council meeting: • Item No. 1 – Contract with Snohomish County Fire Marshal’s Office for Fire Investigation Services • Item No. 4 – Memorandum of Understanding with Stilly Valley Little League • Item No. 5 – Memorandum of Understanding with Venom Baseball and Softball Club ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:52 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B being provide in the Interlocal Agreement with North County Fire for our shared position of Fire City of Arlington Council Agenda Bill Item: CA #4 Attachment C benefited in the past from a working relationship and both want to continue into the future. This Memorandum of Understanding (MOU) is for a two-year period (2019 and 2020 SVLL have drafted the attached MOU that contains some of the same terms agreed to earlier but MOU – p. 1 Memorandum of Understanding The parties hereto are the Stilly Valley Little League, a nonprofit corporation of the State of Washington (hereinafter referred to as “SVLL”) and the City of Arlington, Washington, a Washington municipal corporation (hereinafter referred to as “City”) Whereas the SVLL and the City have established a positive working partnership and have jointly developed the Arlington ballfields at Quake Park into the premier facility that it is today, and Whereas the Arlington ballfields are used by both young ball players from the City of Arlington and within SVLL boundaries, and by young ball players in the Northwest Region, and Whereas the SVLL and the City wish to continue this positive working partnership during the 2019 through 2020 season; to not let the City’s budget constraints deter the ability to make improvements to these fields and bring tournaments to the City; and not place an undue hardship on the SVLL programs and its participants; therefore these two parties hereby agree as following for the term of the 2019 – 2020 season: Mutual Covenants 1. Responsibilities of SVLL a. SVLL agrees to comply with all City Athletic Field Policies and Procedures, and all rules and requirements of City ordinances and resolutions, including, but not limited to payment of fees and provision of participant waivers, except as otherwise provided in this agreement. b. SVLL shall coordinate, in cooperation with the City, the following volunteer work during the schedule year for the SVLL at Quake and Evans parks. The work activities are in addition to regularly scheduled maintenance activities performed by City Staff. i. Mowing as SVLL needs require ii. Grooming of fields as SVLL needs require iii. Striping/chalking of the fields as needed for SVLL use, including the cost of the striping/chalking materials iv. Weeding along fence line as needed v. Maintenance and repairs of existing field amenities c. All volunteers shall be a minimum of 18 years of age and must go through a training session with City staff prior to use of City equipment, and sign a volunteer form in the form attached hereto as Exhibit “A”. d. No volunteers will appear for volunteer service under the influence of any drugs or alcohol. MOU – p. 2 e. There will be no use of or application of pesticides or herbicides by SVLL or their volunteers. f. SVLL will alert the City of any damage to fields and assist in funding repair when appropriate. g. SVLL shall report any injuries sustained by participants during their volunteer activities to the City immediately upon occurrence. Notice will be provided on an Incident/Accident Report Form furnished by the City. h. SVLL shall keep record of volunteer labor hours including the names and ages of participants and their hours worked, and expenditures per year and report to the City no later than November 30, 2020. i. SVLL will continue to pursue Little League tournaments to be held at Quake and or Evans fields to promote Arlington’s economic growth. j. SVLL will continue to partner with the City to pursue grants/funding for field improvements. k. SVLL will document all donations of materials and amenities for the fields and all products shall become City property, unless stated otherwise. Documentation shall be submitted to the City. l. SVLL shall, in coordination and with the prior approval of the City no later than November 30, 2020: i. Replace/remodel the Quake Field Announcer/Score Booths. m. SVLL shall make payment to the City for the following: i. SVLL ball field fees are based on the 2019 Athletic Field Fees, and the SVLL Field Use fees are at a 50 percent discount: - Field Use $ 5.00 per hour - Lights $ 3.00 per 1.5 hours ii. Full fees shall be charged for field use for tournament games. iii. Should the capital improvements identified in Section 1(c)(j) above not occur by November 30, 2020, the full fee amounts for the 2019 and 2020 shall immediately become due and owing and shall be paid to the City no later than December 18, 2020. n. SVLL shall provide valid liability insurance of at least one million dollars to cover their volunteers while using City equipment to maintain fields; and to cover use of the fields by their players. A copy of the certificate of insurance, naming the City as an “additional insured” shall be provided to the City prior to use of field for season and prior to volunteer work. o. SVLL is responsible for directly supervising the activities of all individuals in its group who will be doing volunteer work. In exchange for being allowed to MOU – p. 3 perform services on City property, SVLL agrees to defend, indemnify and hold harmless the City and its officials, employees and agents from any damage claim or lawsuit for injury, illness, damage or other loss of any kind to anyone including members of SVLL that might arise out of our activities or the actions of any SVLL volunteers, and players, except for injuries or damages caused by the sole negligence of the City. p. SVLL shall continue to partner with the City for installation of other field amenities such as score boards, signage, mounds and fencing. 2. Responsibilities of City a. City will provide training to appropriate SVLL volunteers for the operation of City owned equipment necessary to properly maintain the ball fields. The City has discretion of the types of equipment SVLL volunteers are able to use. b. City will continue to give SVLL first priority in field scheduling as outlined in the scheduling policies. c. City will provide field use policies to users and display on signage. d. City will provide portable mounds and bases for each baseball field. e. City will provide fuel and maintenance for City owned equipment and keep it in good working order. f. City will clean restrooms and maintain all amenities of the park outside the baseball field areas. g. City will maintain and keep in working order all elements of the irrigation systems. h. City shall continue to partner with the SVLL for installation of significant field amenities such as score boards, signage, mounds and fencing. CITY OF ARLINGTON: STILLY VALLEY LITTLE LEAGUE: Barbara Tolbert Greg Dunc Mayor SVLL President MOU – p. 4 EXHIBIT “A” I ______________________________ hereby volunteer my services to perform only the services as outlined in the attached scope of volunteer work for the Arlington Parks Department. I understand I will not be compensated for my work but I will complete my volunteer duties in a responsible manner. If I decide to discontinue my volunteer service I will notify the Parks Department. Further, I hereby certify that I am capable of performing the duties as outlined in the attached scope of volunteer work (check which applies) ( ) without accommodation or ( ) with the following accommodations: ____________________________________________________________________________ ____________________________________________________________________ In consideration of the City giving me permission to perform these volunteer services, I agree to the following terms (initial each): 1. _____ I understand that I am not to appear for volunteer service under the influence of any drugs or alcohol. 2. _____ I will abide by all of my organization’s policies regarding personal conduct while performing volunteer services. 3. _____ I agree not to go beyond the scope of volunteer work agreed to without authorization. 4. Should an injury occur during the scope of my service, I understand that: _____ The City has included my hours of volunteer service in the Washington State Department of Labor and Industries coverage for volunteer workers. 5. _____ I understand that I am to report any on-the-job injury or illness, no matter how minor, to the Arlington Parks department. 6. _____ I acknowledge that I have been trained on the above initialed policies and understand them and/or have had the opportunity to ask any questions. 7. _____ I understand that I or the City may terminate this agreement at any time without cause, that I am volunteering my services at will and may be asked to discontinue such without prior notice or reason. 8. _____ I am fully aware that the work associated with being a Volunteer involves certain risks of physical injury or death. Being fully informed as to these risks and in consideration of my being allowed to participate in the City’s Volunteer Program, I hereby assume all risk of injury, damage and harm to myself arising from such activities or use of City facilities. I also hereby individually and on behalf of my heirs, executors and assignees, release and hold harmless the City, its officials, employees, volunteers and agents and waive any right of recovery that I might have to bring a claim or a lawsuit against them for any personal injury, death or other consequences occurring to me arising out of my volunteer activities, except for those caused by the sole negligence of the City. 10. _____ I give permission for photos/videos taken of myself during volunteer activities to be used for publicity purposes, without compensation. MOU – p. 5 I authorize any necessary emergency medical treatment that might be required for me in the event of physical injury and/or accident to me while participating in this program: YES____ NO____ This agreement will be in effect for the duration of my volunteer services beginning this date. Dated this ____________ day of ______________________, 20 _____. CITY OF ARLINGTON: VOLUNTEER ___________________________________ ____________________________________ Volunteer's Signature ____________________________________ Address ____________________________________ Phone Number ____________________________________ Email City of Arlington Council Agenda Bill Item: CA #5 Attachment D the City and the VENOM have benefited in the past from a working relationship and both want to continue into the future. This Memorandum of Understanding (MOU) is for a two-year period (2019 and 2020 MOU—p. 1 Memorandum of Understanding The parties hereto are the Venom Baseball & Softball Club, a nonprofit corporation of the State of Washington (hereinafter referred to as “VENOM”) and the City of Arlington, Washington (hereinafter referred to as “City”) Whereas the VENOM and the City have established a positive working partnership and have a mutual desire to further develop the Arlington ballfield at Evans Park into a premier facility, and Whereas the Arlington ballfields are used by both young ball players from the City of Arlington and within VENOM boundaries, and by young ball players in the Northwest Region, and Whereas the VENOM and the City wish to continue this positive working partnership during the 2019 through 2020 season; to not let the City’s budget constraints deter the ability to make improvements to these fields and bring tournaments to the City; and to not place an undue hardship on the VENOM programs and its participants; therefore these two parties hereby agree as following for the term of the 2019 – 2020 season: Mutual Covenants 1. Responsibilities of VENOM a. VENOM agrees to comply with all City Athletic Field Policies and Procedures, and all rules and requirements of City ordinances and resolutions, including, but not limited to payment of fees and provision of participant waivers, except as otherwise provided in this agreement. b. VENOM shall coordinate, in cooperation with the City, the following volunteer work during the schedule year for the VENOM at Quake and Evans parks. The work activities are in addition to regularly scheduled maintenance activities performed by City Staff. i. Mowing as VENOM needs require ii. Grooming of fields as VENOM needs require iii. Striping/chalking of the fields as needed for VENOM use, including the cost of the striping/chalking materials iv. Weeding along fence line as needed v. Maintenance and repairs of existing field amenities c. All volunteers shall be a minimum of 18 years of age and must go through a training session with City staff prior to use of City equipment, and sign a volunteer form in the form attached hereto as Exhibit “A”. d. No volunteers will appear for volunteer service under the influence of any drugs or alcohol. MOU—p. 2 e. There will be no use of or application of pesticides or herbicides by VENOM or their volunteers. f. VENOM will alert the City of any damage to fields and assist in funding repair when appropriate. g. VENOM shall report any injuries sustained by participants during their volunteer activities to the City immediately upon occurrence. Notice will be provided on an Incident/Accident Report Form furnished by the City. h. VENOM shall keep record of volunteer labor hours including the names and ages of participants and their hours worked, and expenditures per year and report to the City no later than November 30, 2020. i. VENOM will continue to pursue Little League tournaments to be held at Quake and or Evans fields to promote Arlington’s economic growth. j. VENOM will continue to partner with the City to pursue grants/funding for field improvements. k. VENOM will document all donations of materials and amenities for the fields and all products shall become City property, unless stated otherwise. Documentation shall be submitted to the City. l. VENOM shall, in coordination and with the prior approval of the City no later than November 30, 2020: i. Replace the roof on the Evans Field Restroom Building; and, ii. Paint the Evans Field buildings, including the restrooms, two (2) dugouts and the announcing booth). m. VENOM shall make payment to the City for the following: i. VENOM ball field fees are based on the 2019 Athletic Field Fees, and the VENOM Field Use fees are at a 50 percent discount: - Field Use $ 5.00 per hour - Lights $ 3.00 per 1.5 hours ii. Full fees shall be charged for field use for tournament games. iii. Should the capital improvements identified in Section 1(c)(j) above not occur by November 30, 2020, the full fee amounts for the 2019 and 2020 shall immediately become due and owing and shall be paid to the City no later than December 18, 2020. n. VENOM shall provide valid liability insurance of at least one million dollars to cover their volunteers while using City equipment to maintain fields; and to cover use of the fields by their players. A copy of the certificate of insurance, naming the City as an “additional insured” shall be MOU—p. 3 provided to the City prior to use of field for season and prior to volunteer work. o. VENOM is responsible for directly supervising the activities of all individuals in its group who will be doing volunteer work. In exchange for being allowed to perform services on City property, VENOM agrees to defend, indemnify and hold harmless the City and its officials, employees and agents from any damage claim or lawsuit for injury, illness, damage or other loss of any kind to anyone including members of VENOM that might arise out of our activities or the actions of any VENOM volunteers, and players, except for injuries or damages caused by the sole negligence of the City. p. VENOM shall continue to partner with the City for installation of other field amenities such as score boards, signage, mounds and fencing. 2. Responsibilities of City a. City will provide training to appropriate VENOM volunteers for the operation of City owned equipment necessary to properly maintain the ball fields. The City has discretion of the types of equipment VENOM volunteers are able to use. b. City will continue to give VENOM second priority in field scheduling as outlined in the scheduling policies. c. City will provide field use policies to users and display on signage. d. City will provide portable mounds and bases for each baseball field. e. City will provide fuel and maintenance for City owned equipment and keep it in good working order. f. City will clean restrooms and maintain all amenities of the park outside the baseball field areas. g. City will maintain and keep in working order all elements of the irrigation systems. h. City shall continue to partner with the VENOM for installation of significant field amenities such as score boards, signage, mounds and fencing. CITY OF ARLINGTON: VENOM BASEBALL & SOFTBALL CLUB: Barbara Tolbert Chris Jones Mayor Venom President MOU—p. 4 EXHIBIT A I ______________________________ hereby volunteer my services to perform only the services as outlined in the attached scope of volunteer work for the Arlington Parks Department. I understand I will not be compensated for my work but I will complete my volunteer duties in a responsible manner. If I decide to discontinue my volunteer service I will notify the Parks Department. Further, I hereby certify that I am capable of performing the duties as outlined in the attached scope of volunteer work (check which applies) ( ) without accommodation or ( ) with the following accommodations: ____________________________________________________________________________ ____________________________________________________________________ In consideration of the City giving me permission to perform these volunteer services, I agree to the following terms (initial each): 1. _____ I understand that I am not to appear for volunteer service under the influence of any drugs or alcohol. 2. _____ I will abide by all of my organization’s policies regarding personal conduct while performing volunteer services. 3. _____ I agree not to go beyond the scope of volunteer work agreed to without authorization. 4. Should an injury occur during the scope of my service, I understand that: _____ The City has included my hours of volunteer service in the Washington State Department of Labor and Industries coverage for volunteer workers. 5. _____ I understand that I am to report any on-the-job injury or illness, no matter how minor, to the Arlington Parks department. 6. _____ I acknowledge that I have been trained on the above initialed policies and understand them and/or have had the opportunity to ask any questions. 7. _____ I understand that I or the City may terminate this agreement at any time without cause, that I am volunteering my services at will and may be asked to discontinue such without prior notice or reason. 8. _____ I am fully aware that the work associated with being a Volunteer involves certain risks of physical injury or death. Being fully informed as to these risks and in consideration of my being allowed to participate in the City’s Volunteer Program, I hereby assume all risk of injury, damage and harm to myself arising from such activities or use of City facilities. I also hereby individually and on behalf of my heirs, executors and assignees, release and hold harmless the City, its officials, employees, volunteers and agents and waive any right of recovery that I might have to bring a claim or a lawsuit against them for any personal injury, death or other consequences occurring to me arising out of my volunteer activities, except for those caused by the sole negligence of the City. 10. _____ I give permission for photos/videos taken of myself during volunteer activities to be used for publicity purposes, without compensation. MOU—p. 5 I authorize any necessary emergency medical treatment that might be required for me in the event of physical injury and/or accident to me while participating in this program: YES____ NO____ This agreement will be in effect for the duration of my volunteer services beginning this date. Dated this ____________ day of ______________________, 20 _____. CITY OF ARLINGTON: VOLUNTEER ___________________________________ ____________________________________ Volunteer's Signature ____________________________________ Address ____________________________________ Phone Number ____________________________________ Email City of Arlington Council Agenda Bill Item: NB #1 Attachment E Do not approve the budget ordinance 2) Edit the proposed amendments RECOMMENDED MOTION: I move to approve the ordinance amending the 2019 budget section of the 2019-2020 biennial budget for the City of Arlington, and authorize the Mayor to sign the ordinance. ORDINANCE NO. 2019—XXX AN ORDINANCE AMENDING ORDINANCE 2018-008 WHICH ADOPTED THE 2019- 2020 BIENNIAL BUDGET OF THE CITY OF ARLINGTON BY PROVIDING SUPPLEMENT THERETO AND PROVIDING TRANSFER AND ADJUSTMENT AUTHORITY FOR CALENDAR YEAR 2019 WHEREAS, staff has identified the need to make certain revisions to the 2019-2020 Biennial Budget that were not foreseen when Ordinance No. 2018-008 was adopted on November 19, 2018, and WHEREAS, this ordinance was introduced with proper notice and citizens have been given the opportunity to comment, and WHEREAS, because this will require increasing the appropriation level in one or more funds, an amendment is needed, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON WASHINGTON AS FOLLOWS; Section 1. Pursuant to RCW 35A34.130, the 2019 Budget section of the 2019-2020 biennial budget is hereby amended to provide for adjustments to expenditures, and by providing authority for any necessary transfers of money within or between funds as indicated in the “Amendment” column on the attached document Exhibit A. Section 2. That the attached is a summary of the amended budget for the year 2019 for the City of Arlington and that copies of the detailed amended budget are available to any interested taxpayer at the Finance Department, City Hall, Arlington, Washington. Section 3. This ordinance shall be in full force and effect five days after its passage and publication of a summary consisting of the ordinance title hereof as authorized by law. Passed b y the City Council and APPROVED by the Mayor this 16th day of December, 2019. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ____________________________________ Steven J. Peiffle, City Attorney EXHIBIT A 2019 ORIGINAL BUDGET AMENDMENTS AMENDED BUDGET GENERAL FUND 18,001,060$ 2,800,500$ 20,801,560$ GENERAL FUND MANDATORY RESERVE FUND 0 0 0 PROGRAM DEVELOPMENT FUND - GENERAL 102,000 0 102,000 STREETS MAINTENANCE FUND 1,188,845 152,000 1,340,845 SOCIAL SERVICES FUND 5,000 4,000 9,000 GROWTH FUND 557,225 70,000 627,225 EMERGENCY MEDICAL SERVICES FUND 4,696,218 1,172,000 5,868,218 PUBLIC ART FUND 0 0 0 LODGING TAX FUND 154,191 0 154,191 CEMETERY FUND 206,222 27,500 233,722 TRANSPORTATION SALES TAX FUND 1,141,500 0 1,141,500 REET 1 FUND 446,046 0 446,046 REET 2 FUND 288,272 0 288,272 CAPITAL FACILITIES/BUILDING FUND 52,500 1,045,000 1,097,500 TRANSPORTATION IMPROVEMENT FUND 1,230,437 580,368 1,810,805 PARK IMPROVEMENT 683,216 744,000 1,427,216 LIBRARY CAPITAL IMPROVEMENT FUND 0 0 0 CEMETERY CAPITAL IMPROVEMENTS FUND 0 0 0 EQUIPMENT REPLACEMENT FUND 1,200,944 716,000 1,916,944 AIRPORT FUND 3,696,774 719,000 4,415,774 WATER FUND 4,164,542 0 4,164,542 SEWER FUND 6,062,316 0 6,062,316 WATER IMPROVEMENT FUND 3,304,681 74,000 3,378,681 SEWER IMPROVEMENT FUND 788,904 200,000 988,904 STORM WATER CIP FUND 335,000 131,000 466,000 AIRPORT RESERVE FUND 1,400,000 350,000 1,750,000 WATER/SEWER BOND RESERVE FUND 0 0 0 STORMWATER MANAGEMENT FUND 1,320,348 0 1,320,348 AIRPORT CIP 1,550,000 400,000 1,950,000 MAINTENANCE & OPERATIONS FUND 1,662,179 24,100 1,686,279 CEMETERY PRE-NEED TRUST FUND 2,000 0 2,000 CEMETERY ENDOWMENT FUND 0 0 0 2019 BUDGET AMENDMENTS - ALL FUNDS City of Arlington Council Agenda Bill Item: NB #2 Attachment F Do not approve the budget ordinance 2) Edit the proposed modifications RECOMMENDED MOTION: I move to approve the ordinance amending the 2020 budget section of the 2019-2020 biennial budget for the City of Arlington, and authorize the Mayor to sign the ordinance. 1 ORDINANCE NO. 2019—XXX AN ORDINANCE AMENDING ORDINANCE 2018-008 WHICH ADOPTED THE BIENNIEL BUDGET OF THE CITY OF ARLINGTON BY PROVIDING SUPPLEMENT THERETO AND PROVIDING TRANSFER AND ADJUSTMENT AUTHORITY FOR CALENDAR YEAR 2020 WHEREAS, staff has identified the need to make certain revisions to the 2019-2020 Biennial Budget that were not foreseen when Ordinance No. 2018-008 was adopted on November 19, 2018, and WHEREAS, this ordinance was introduced with proper notice and citizens have been given the opportunity to comment, and WHEREAS, because this will require increasing the appropriation level in one or more funds, an amendment is needed, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON WASHINGTON AS FOLLOWS; Section 1. Pursuant to RCW 35A.34.130, the 2020 Budget section of the 2019-2020 biennial budget is hereby modified to provide for adjustments to expenditures, and by providing authority for any necessary transfers of money within or between funds as indicated in the “Modification” column on the attached document Exhibit B. Section 2. That the attached is a summary of the modified budget for the year 2020 for the City of Arlington and that copies of the detailed amended budget are available to any interested taxpayer at the Finance Department, City Hall, Arlington, Washington. Section 3. This ordinance shall be in full force and effect five days after its passage and publication of a summary consisting of the ordinance title hereof as authorized by law. Passed b y the City Council and APPROVED by the Mayor this 16th day of December, 2019. CITY OF ARLINGTON _______________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ____________________________________ Steven J. Peiffle, City Attorney EXHIBIT B 2020 BUDGET MODIFICATIONS - ALL FUNDS ORIGINAL BUDGET MODIFICATIONS MODIFIED BUDGET City of Arlington Council Agenda Bill Item: NB #3 Attachment G COUNCIL MEETING DATE: December 16, 2019 SUBJECT: Salary Schedule for Non-Represented Employees for 2020 ATTACHMENTS: 2020 Non-Represented Employees Salary Schedule DEPARTMENT OF ORIGIN Administration; James Trefry, Administrative Services Director – 360-403-3443 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Human Resources is proposing the adoption of a revised salary schedule for the City’s non-represented employees not covered by a collective bargaining agreement. The proposed schedule provides the same 12-step pay structure as lasted adopted by Council on October 7, 2019 with a 3.0% market adjustment for 2020 Pay Grades B-AA and an increase in the rate of Pay Grade A to a maximum rate of $17.00/hour. This change does not result in any current budget impact. HISTORY: The attached revised salary schedule reflects an annual market adjustment in the amount of 3.0% for non-represented employees not covered by a collective bargaining agreement beginning January 1, 2020, already approved as part of the 2020 budget. ALTERNATIVES RECOMMENDED MOTION: I move to approve the changes to the Seasonal Maintenance Laborers salary range reflected in the 2020 Non-Represented Salary schedule. Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 3.00% 3.00% 3.00% 3.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% A Seasonal Maintenance Laborers 15.10 15.56 16.02 16.50 17.00 Finance Intern B 3,897 4,013 4,134 4,258 4,386 4,473 4,563 4,654 4,747 4,842 4,939 5,038 46,759 48,162 49,607 51,095 52,628 53,680 54,754 55,849 56,966 58,105 59,268 60,453 G Executive Analyst 5,170 5,325 5,485 5,649 5,819 5,935 6,054 6,175 6,298 6,424 6,553 6,684 G Deputy Clerk 62,037 63,899 65,816 67,790 69,824 71,220 72,645 74,097 75,579 77,091 78,633 80,205 H 5,583 5,751 5,923 6,101 6,284 6,410 6,538 6,669 6,802 6,938 7,077 7,218 H 67,000 69,010 71,081 73,213 75,410 76,918 78,456 80,025 81,626 83,258 84,923 86,622 I City Clerk/Executive Assistant 6,030 6,211 6,397 6,589 6,787 6,923 7,061 7,202 7,346 7,493 7,643 7,796 I Communications Mgr 72,360 74,531 76,767 79,070 81,442 83,071 84,733 86,427 88,156 89,919 91,717 93,552 I Finance Accountant I PW Accountant J Community Revitalization Project Manager 6,512 6,708 6,909 7,116 7,330 7,476 7,626 7,778 7,934 8,093 8,255 8,420 J Finance Supervisor 78,149 80,494 82,909 85,396 87,958 89,717 91,511 93,341 95,208 97,112 99,055 101,036 J GIS Manager J M&O Supervisor K Police Services Manager 7,033 7,244 7,462 7,686 7,916 8,075 8,236 8,401 8,569 8,740 8,915 9,093 K Airport Operations Manager 84,401 86,933 89,541 92,228 94,994 96,894 98,832 100,809 102,825 104,881 106,979 109,119 K Water Utility Supervisor K WW Utility Supervisor L Assistant Finance Director 7,596 7,824 8,059 8,300 8,549 8,720 8,895 9,073 9,254 9,439 9,628 9,821 L M&O Manager 91,153 93,888 96,705 99,606 102,594 104,646 106,739 108,873 111,051 113,272 115,537 117,848 L Building Official L Development Services Manager L Natural Resources/ SW Manager L Utilities Manager L M 8,204 8,450 8,703 8,965 9,233 9,418 9,606 9,799 9,995 10,194 10,398 10,606 98,446 101,399 104,441 107,574 110,801 113,017 115,278 117,583 119,935 122,334 124,780 127,276 N City Engineer 8,696 8,957 9,226 9,502 9,787 9,983 10,183 10,387 10,594 10,806 11,022 11,243 N IT Manager 104,352 107,483 110,707 114,029 117,450 119,799 122,194 124,638 127,131 129,674 132,267 134,913 N Permit Center Manager O Deputy Fire Chie 10,048 10,350 10,660 10,980 11,309 11,536 11,766 12,002 12,242 12,487 12,736 12,991 O Deputy Police Chie 120,579 124,197 127,922 131,760 135,713 138,427 141,196 144,020 146,900 149,838 152,835 155,891 O Information Technology Director O Human Resources Directo P Airport Director 10,551 10,867 11,193 11,529 11,875 12,112 12,355 12,602 12,854 13,111 13,373 13,641 P Administrative Services Director 126,608 130,406 134,319 138,348 142,499 145,349 148,256 151,221 154,245 157,330 160,477 163,686 Q CED Directo 11,078 11,411 11,753 12,105 12,469 12,718 12,972 13,232 13,496 13,766 14,042 14,323 Q Public Works Director 132,939 136,927 141,034 145,266 149,623 152,616 155,668 158,782 161,957 165,196 168,500 171,870 Q Finance Director R Fire Chief 11,582 11,930 12,288 12,656 13,036 13,297 13,563 13,834 14,111 14,393 14,681 14,974 R Police Chie 138,987 143,157 147,452 151,875 156,431 159,560 162,751 166,006 169,326 172,713 176,167 179,690 R AA City Administrator 13,088 13,481 13,885 14,302 14,731 15,025 15,326 15,632 15,945 16,264 16,589 16,921 157,056 161,767 166,620 171,619 176,767 180,303 183,909 187,587 191,339 195,166 199,069 203,050 2020 Non‐Represented Employees City of Arlington Council Agenda Bill Item: NB #4 Attachment H selected Scott Tomkins and Robert Anderson as the next candidates to be appointed to the Airport community affairs and volunteering their time with the Airport Commission. Scott H. Tomkins ✔ 3rd August 2018 (Attach page for additional space) Currently living in Gleneagle. Aerospace Industry since 1956, Royal Air Force in Britain, Aircraft Structures Engineer since 1959. Have worked at British Aircraft Corp., Lockheed Aircraft, McDonnell Douglas, Canadair, Martin Marietta and Boeing. Retired from Boeing in 2003 as Associate Technical Fellow in Fuselage Structures, having worked on all current Boeing aircraft from the 747 to the initial 787 conceptual design. Traveled extensively for Boeing throughout the USA, Japan, Britain, coordinating design/production requirements with sub-contractors. Senior Design Lead Engineer on all Fuselage structure body sections. Numerous awards for design/weight/production improvements. Member of the Boeing Structural Durability Team creating the standards for Boeing Aircraft Design and Analysis manuals. Member of the Gleneagle Volunteer Security Patrol, volunteer at the Pioneer Elementary School helping 4th and 5th grade children in Math and English Lodging Tax applicants must attach a letter of support from the organization they are representing. Robert Anderson ✔ 10/20/2018 (Attach page for additional space) I saw the open position for the Airport Commission in the Arlington E-News and I think my engineering experience can be useful for this position. I've lived in Arlington for fifteen years and love the small town characteristics such as the July 4th parade, fireworks, Halloween events, etc. I appreciate the city government and their efforts toward fiscal responsibility while still recognizing the need for increasing services as our city changes. I've attached a condensed version of my resume for your review and I'd appreciate an opportunity to interview for the position on the Airport Commission. Thank you for your consideration. Lodging Tax applicants must attach a letter of support from the organization they are representing. City of Arlington Council Agenda Bill Item: NB #5 Attachment I COUNCIL MEETING DATE: December 16, 2019 SUBJECT: Grant Agreement with the Washington State Transportation Improvement Board (TIB) ATTACHMENTS: TIB Grant Agreement DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $ 280,332 City Funds (2020-21 budget) $1,121,328 TIB funds BUDGET CATEGORY: Transportation Improvement Fund BUDGETED AMOUNT: $997,225 budgeted 2020, remainder to be budgeted 2021 LEGAL REVIEW: DESCRIPTION: Grant agreement for installation of a signal at 40th Ave and SR-531, and for elimination of center turn lanes along SR-531 between Smokey Point Blvd and 43rd Ave. HISTORY: The ½ mile long section of SR-531between Smokey Point Blvd and 43rd Ave is a urbanized corridor containing a mix of residential and commercial occupancies. The City proposed a project for the removal of the center turn lane and installation of a signal at 40th Ave to provide three needed benefits for the community – Traffic Calming, Pedestrian Safety, and Transit Facilities. The center turn-lane removal will allow the installation of a landscaped and/or hardscaped median that will increase street aesthetics through this mixed-use area. Do not accept the grant. RECOMMENDED MOTION: I move to approve the grant agreement with the Transportation Improvement Board, pending final approval by the City Attorney. City of Arlington Council Agenda Bill Item: NB #6 Attachment J roundabout will require procurement of right of way from five abutting parcel owners. The City follows the WSDOT right of way procurement policy whereby an independent third party negotiates for the right of way purchase without involvement by the City; Universal Field Services is a consulting firm that provides that independent third party negotiating service. - - Remand to staff for further discussion RECOMMENDED MOTION: I move to accept the Universal Field Services scope of work for a fee not to exceed $75,000 for the 204th Roundabout Right of Way services, and authorize the Mayor to sign the contract, pending final approval by the City Attorney. December 2, 2019 1 of 4 Scope of Work 204th St NE / 77th Ave NE Roundabout Right of Way Acquisition Services It is understood there are no federal funds are participating in any phase of the project. It is assumed the City desires to preserve its eligibility for future federal funding opportunities, therefore all Right of Way activities will be completed, to the greatest extent practical, per the City’s WSDOT approved Right of Way acquisition policies and procedures, WSDOT’s Local Agency Guidelines - Section 25 (Right of Way Procedures) and the Washington Administrative Code (WAC) 468-100. This scope of work is based on the following:  Review of Right of Way Plans dated 10/19  Recent tour of the project limits  Review of limited public online ownership information A. Preparation and Administration – Upon Notice to Proceed, UFS staff will attend a kick off meeting with the City to obtain additional project information including: available contact information for property owners; discuss acquisition process, material and information needed from the City (ROW Plan, Legal Descriptions, Exhibits, Staking, etc.), along with any additional information that will assist in the right of way acquisition program. We will also attend up to eight (8) progress meetings either by conference call or in person and provide up to ten (10) monthly progress and tracking reports when invoicing. UFS will provide sample templates of all acquisition documents (offer letters, deeds, easements, right of entries, etc.) for the City’s review and approval for project use. All forms and documents will comply with City’s standards and in accordance with statutory requirements. The City’s pre-approved documents will be used when provided. UFS will maintain acquisition records in accordance with statutory, regulatory and policy requirements. It is understood coordination with the City will be necessary to finalize the project ROW plan, review legal descriptions and acquisition exhibits for all the real property rights to be acquired. These items will be provided by the City prior to completing sub-Task D below – Project Funding Estimate. For each parcel impacted, prepare acquisition files to include fair offer letters, a standard diary form indicating all contacts with owner(s), recording and ancillary documents, and other items necessary to complete the work. Deliverables: • Attend Project Kickoff Meeting (2 UFS Staff) – City Office • Attend eight (8) Progress Meetings (1 UFS Staff) – City office / Conference Call if preferred • Provide ten (10) Monthly Progress Reports • Coordinate City approval of Acquisition forms and documents for project use • Coordinate with the City team B. Title - Ownership Review – UFS will order title reports of all impacted properties. The title company will invoice the City directly. Upon receipt of title reports, UFS staff will conduct initial reviews of each report to assess future complications at closing and potential conflicts from utility encumbrances, etc., that may pose obstacles or delays to the acquisition closing process. A Parcel Title Summary and Risk Analysis Memo for each parcel will be developed listing encumbrances and exceptions with recommendations to the City on how to resolve each. December 2, 2019 2 of 4 Deliverables: •Prepare up to five (5) Parcel Title Summary and Risk Analysis Memo’s C. Public Outreach – UFS will assist in the preparation of an “Introduction Informational Letter” for delivery by the City to each property owner shown in Table A below. The letter will describe the purpose of the project; the project schedule; identify the City’s consultants (Universal Field Services, ABS Valuation, Perteet, etc.) and the purpose of each firm. Deliverables: •Sample “Introduction Informational Letter” D. Project Funding Estimate (PFE) – UFS will subcontract and manage completion of the PFE through our state licensed and WSDOT approved appraiser (ABS Valuation). The PFE will be prepared in accordance with the City’s WSDOT approved Right of Way Acquisition procedures, and WSDOT’s Local Agency Guidelines – Section 25 (Right of Way Procedures). It is assumed up to five (5) separate tax parcels will be included in the PFE. Generally, the PFE is a tool to be used for confirming estimated Right of Way costs and primarily for consideration of utilizing the Appraisal Waiver process when the estimated amounts of just compensation to property owners are at or below the City’s WSDOT approved Appraisal Waiver limit and when the acquisition is uncomplicated. As part of the PFE, individual parcel worksheets will be prepared to estimate the amount of just compensation using confirmed comparable sales data determined by the appraiser and information obtained from City approved Right of Way plans. All parcel worksheets will be combined into a project summary worksheet for review by the City. For those parcels that qualify for the Appraisal Waiver process, individual parcel worksheets described above will be converted to Administrative Offer Summary (AOS) worksheets in-lieu of Appraisals. Offers to property owners that are based on AOS worksheets are considered Administrative offers. (Note: Completion of the PFE is required in order to take advantage of the Appraisal Waiver process. For offers $10,000 or more up to $25,000, property owners must be informed in writing if the offer is not based on an appraisal and that an appraisal will be provided if requested. This requirement could have a slight impact on the project schedule and budget). Deliverables: •Project Funding Estimate to include the five (5) tax parcels – see table A E. Appraisal / Appraisal Review / Administrative Offer Summary Worksheets – Upon completion of the PFE in sub-task D above, UFS will coordinate with the City to determine which parcels will require AOS Worksheets, Appraisals and Appraisal Review reports. For efficiency, our Appraisal reports are typically prepared by the appraiser who completed the PFE. All AOS worksheets and Appraisal reports will be completed in accordance with the Uniform Standards of Professional Appraisal Practices, WSDOT Local Agency Guidelines, the WSDOT Right of Way Manual (particularly, Chapters 4 and 5). The total number of AOS worksheets, Appraisal and Appraisal Review reports are subject to project design revisions, appraisal waiver determinations during the PFE process, and property owner requests when administrative offers are made. UFS staff to attend appraisal inspections to ensure property owners understand the real property rights being appraised and to help build the trust and rapport needed to assist in reaching amicable agreements. December 2, 2019 3 of 4 Deliverables: • AOS Worksheets – up to (2) each • Appraisal – up to (5) each • Attend up to five (5) Appraisal Inspections • Appraisal Reviews – up to five (5) each F. Present Offers / Negotiations - Upon receipt of written approvals from the City establishing the amounts of just compensation, Universal staff will prepare offer package(s) and promptly present offers to purchase all the required real property interests and negotiate in good faith to reach a settlement with each property owner(s). Offers will be presented in person when at all possible. If negotiations reach an impasse, Universal shall provide the City with written notification. If necessary, Universal will attempt to secure Administrative Settlements or Voluntary Possession and Use Agreements with the owner(s), allowing the project to move forward and allowing the property owner additional time to negotiate. As a last resort, if the owner is unwilling to agree to a Voluntary Possession and Use Agreement, the file will be transmitted to the City’s legal staff for mediation or filing of a condemnation action. Universal will provide limited technical support for all mediation or condemnation as required. Deliverables: • Prepare Offer Packages – five (5) each • Present Offers / Conduct Negotiations. G. Parcel Closing – Prior to sending a settled acquisition package to the City for payment and closing, Universal will request an update on each title report from the designated Title Company to ensure ownership has not changed and new encumbrances or exceptions have not been recorded. Upon review of updated title information and previously completed Parcel Title Summary and Risk Analysis Memo, Universal will provide advisory assistance to the City in determining the most appropriate method of closing each transaction. Subject to the City’s Title Clearing policies, the method of closing can be completed in-house or through a reputable escrow firm. Typically, the title company will provide escrow services. In-House Closing – Generally for low risk and uncomplicated title clearing, this method is subject to the City’s title clearing policies and amount of acceptable risk. The signed conveyance documents and payment vouchers will be transmitted to the City for approval and processing. Simultaneously, Universal will coordinate with recommendations to the City for taking title subject to certain exceptions and encumbrances. Outside Escrow Closing – Generally for higher risk and complicated title clearing, this method will also consider the City’s title clearing policies. The signed conveyance documents together with escrow instructions will be transmitted to the City for approval and signature. Once City approval is received, the transaction package will be delivered to the designated escrow company for closing and recording. Albeit the escrow firm’s responsibility, Universal will work with the Escrow and Title Company in their effort to remove unacceptable exceptions and to obtain title insurance policies for the City. Deliverables: • Completed parcel files and records of all Right of Way Acquisition services. H. Right of Way Certification – Since there are no federal funds participating in any phase of the project, Right of Way Certification through WSDOT is not required. December 2, 2019 4 of 4 Deliverables: N/A – For informational purposes only. CITY will provide the following: 1. Approve designation of the escrow company used for this project. The escrow company will bill the CITY directly for all escrow services, if any. 2. Right of Way Plans and Drawings, Maps, Exhibits, Right of Way Staking, etc., as necessary. 3. Legal descriptions in electronic format for all real property rights to be acquired. 4. Form approval, in electronic format, of all legal conveyance documents and forms prior to use (i.e. offer letters, deeds, easements, etc.). 5. Review and approval of all determinations of value, established by the project appraisers, and provide written authorization prior to offers being made to property owners. 6. Payment of any and all compensation payments to property owners, recording fees, legal services and any incidental costs which may arise necessary to complete each transaction. 7. Send “Introduction Letters” on City Letterhead to property owners as necessary. TABLE A Parcel Data Property Valuation Type No. Tax Parcel No. Owner / Current use Fee Const 1 00847300000500 McDonalds Corporation / McDonalds Fast Food X X AR 2 00847300000400 Key Trust Co Nat’l Assoc / Personal Services - Retail X X AR 3 00847300000300 EJD, LLC / Auto Zone 4 00829100000101 Banner Bank / Bank - Financial X X AR 5 00829100000200 Botch Holdings, LLC / Burger King Fast Food X X AR Notes: 1) AR = Appraisal and Appraisal Review reports 2) AOS = Parcels with low value and uncomplicated impacts may be valued by Administrative Offer Summary worksheet in lieu of Appraisal and Appraisal Review 3) Appraisers’ cost estimates assume all 5 parcels with require Appraisal and Appraisal Review Reports 4) Tax Parcels and the Real Property Rights to Acquire are assumed in Table A above, based on Right of Way Plan. City of Arlington Council Agenda Bill Item: NB #7 Attachment K COUNCIL MEETING DATE: December 16, 2019 SUBJECT: Acceptance of Grant Funds from Department of Commerce for Planning Work Related to E2SHB 1923 ATTACHMENTS: Resolution DEPARTMENT OF ORIGIN Community and Economic Development; Marc Hayes, Director 360-403-3457 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: 001 558 50 41 10 BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Resolution authorizing the acceptance of Grant Funds in the amount of $50,000.00 from the Department of Commerce for planning work related to E2SHB 1923 HISTORY: The Department of Commerce provided a grant funding opportunity to create and adopt action items as described in Engrossed Second Substitute House Bill (E2SHB) 1923. The City successfully applied for the funds to create and adopt a Housing Action Plan to identify and implement certain elements of E2SHB 1923. ALTERNATIVES: Deny or remand back to staff for additional information. RECOMMENDED MOTION: I move to accept the available grant funding of $50,000.00 from the Department of Commerce, and authorize the Mayor to sign the resolution. RESOLUTION NO. 2019-xxx A RESOLUTION OF THE CITY OF ARLINGTON AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE DEPARTMENT OF COMMERCE FOR PLANNING WORK TO ADOPT ELEMENTS OF E2SHB 1923 TO INCREASE RESIDENTIAL BUILDING CAPACITY, WITHIN THE CITY WHEREAS, the City of Arlington desires to implement elements of E2SHB 1923, related to residential building capacity; and WHEREAS, the Department of Commerce is awarding grants to cities to complete planning efforts and adopt the work produced through these planning efforts; and WHEREAS, the Department of Commerce has offered to award a grant in the amount of $50,000.00 to the City of Arlington to produce and adopt certain elements of E2SHB 1923, as specified in the contract; and WHEREAS, the City of Arlington considers it in the best public interest to accept the available grant funding for the planning efforts in support of E2SHB 1923; and NOW, THEREFORE, the City Council of the City of Arlington Washington do hereby resolve as follows: 1.That the Mayor be authorized to accept the grant funding offered by the Washington State Department of Commerce, in the amount of $50,000.00, for the above noted planning efforts. APPROVED by the Mayor and City Council of the City of Arlington this 16th day of December, 2019. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney