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HomeMy WebLinkAbout10-11-10 Council Workshop SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN 1. (15 min) Proposed Stormwater Rate Increase Ordinance ATTACHMENT A 2. (5 min) 67th Avenue Phase III ATTACHMENT B -Adoption of ROW Acquisition Procedure & forms 3. (30 min) Budget Workshop Discussion 4. (5 min) Bid Award for Station #46 ATTACHMENT C 5. Miscellaneous Council items ADJOURNMENT To download all attachments, click here Arlington City Council Workshop October 11, 2010 – 7 PM City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT A COUNCIL WORKSHOP DATE: October 11 , 2010 SUBJECT: Proposed Stormwater Rate Increase DEPARTMENT OF ORIGIN: Public Works – Utilities Division James Kelly ATTACHMENTS: - No attachment, handout at Council Workshop EXPENDITURES REQUESTED: No expenditure BUDGET CATEGORY: N/A LEGAL REVIEW: Pending Final Review by City Attorney DESCRIPTION: The City of Arlington, having recently completed an update to the Stormwater Comprehensive Plan, needs to increase Stormwater Utility rates to fund needed Stormwater programs and capital improvement activities. HISTORY: – In 2005 the City established the Stormwater Utility charged with implementing the requirements of the City’s Stormwater Management Plan and the requirements of the soon to be issued NPDES Phase 2 stormwater permit (issued Feb 2007). In 2006 the City began charging a Stormwater Utility rate of $3.45 per month for a single family residence. This is a flat rate and until August 2010, there was no utility tax applied to this rate. Other property types pay a rate based on the amount of impervious surface area is on their property. The 2007 state implemented NPDES Phase 2 Permit has place a great deal of responsibility on the Stormwater Utility – all activities are designed to improve water quality. The financial requirements of implementing the NPDES Phase 2 permit have outpaced the revenue the Stormwater Utility generates from the current monthly rate and a rate increase is needed. ALTERNATIVES: - Remand to staff for additional financial analysis - Reject the proposed rate increase RECOMMENDED ACTION: Discussion only – no action will be taken. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT B COUNCIL WORKSHOP DATE: October 11 , 2010 SUBJECT: 67th Ave, Phase 3 Project ROW Procurement Policy and Procedure DEPARTMENT OF ORIGIN: Public Works – Engineering James Kelly ATTACHMENTS: - WSDOT ROW Procedure (DRAFT) - WSDOT Waiver of Appraisal Procedure (DRAFT) - Administrative Settlement Policy Procedure (DRAFT) EXPENDITURES REQUESTED: No expenditure BUDGET CATEGORY: N/A LEGAL REVIEW: Pending Final Review by City Attorney DESCRIPTION: Right-of-Way (ROW) acquisition and procurement procedures and policies; two are WSDOT procedures and one is an Administrative Settlement Policy procedure that the City adopted during the 67th Ave Ph 1 and Ph 2 project. HISTORY: – As part of the 67th Ave Ph 3 project the City will have to procure some additional ROW – hopefully very little. Since this project is funded in part by a WSDOT administered grant, there is specific ROW acquisition and procurement procedures and policies the City must adopt follow. Attached to the CAB are two WSDOT procedures that we need to follow and an Administrative Settlement procedure the City adopted for ROW procurement during 67th Ph 1 and Ph 2. The policies and procedures are: 1. WSDOT ROW Procedure 2. WSDOT Waiver of Appraisal Procedure 3. Administrative Settlement Policy Procedure ALTERNATIVES: - Remand to staff for additional edits. - Reject the policy and procedures. RECOMMENDED ACTION: Discussion only – no action will be taken. RIGHT OF WAY PROCEDURES (APPENDIX 23.142 TO WSDOT LOCAL AGENCY GUIDELINES) AGENCY: CITY OF ARLINGTON The City of Arlington (“AGENCY”), desiring to acquire Real Property in accordance with the state Uniform Relocation Assistance and Real Property Acquisition Act (Chapter 8.26 RCW) and state regulations (Chapter 468-100 WAC) and applicable federal regulations hereby adopts the following procedures to implement the above statutes and Washington Administrative Code. The City of Arlington Public Works Department (“Department”) of the AGENCY is responsible for the real property acquisition and relocation activities on projects administered by the AGENCY. To fulfill the above requirements the Public Works (“Department”) will acquire right of way in accordance with the policies set forth in the WSDOT Right of Way Manual and Local Agency Guidelines. The AGENCY has the following expertise and personnel capabilities to accomplish these functions: 1. Include the following as they relate to the AGENCY’s request. a. List the functions below for which the agency has qualified staff and the responsible position. Attach a list of the individuals on the AGENCY staff who currently fill those positions and a brief summary of their qualifications. This list will need to be updated whenever staffing changes occur. An AGENCY will be approved to acquire based upon staff qualifications. (1) PROGRAM ADMINISTRATION Public Works Director (2) APPRAISAL Contracted From WSDOT Approved List (3) APPRAISAL REVIEW Contracted From WSDOT Approved List (4) ACQUISITION Qualified Contractor (5) RELOCATION Qualified Contractor (6) PROPERTY MANAGEMENT Public Works Director b. Any functions for which the Agency does not have staff will be contracted for with WSDOT, another local agency with approved procedures or an outside contractor. An AGENCY that proposes to use outside contractors for any of the above functions will need to work closely with the WSDOT Local Agency Coordinator and Highways and Local Programs to ensure all requirements are met. When the AGENCY proposes to have a staff person negotiate who is not experienced in negotiation for FHWA funded projects the Coordinator must be given a reasonable opportunity to review all offers and supporting data before they are presented to the property owners. c. An AGENCY wishing to take advantage of an Appraisal Waiver process on properties valued up to $25,000 or less should make their proposed waiver process a part of these procedures. The process outlined in LAG manual Appendix 25.176 has already been approved. The AGENCY may submit a process different than that shown and it will be reviewed and approved if it provides sufficient information to determine value. d. Attach a copy of the Agency’s administrative settlement policy showing the approving authority(s) and the process involved in making administrative settlements. 2. All projects shall be available for review by the FHWA and the state at any time and all project documents shall be retained and available for inspection during the plan development, right of way and construction stages and for a three year period following acceptance of the projects by WSDOT. 3. Approval of the AGENCY’s procedures by WSDOT may be rescinded at any time the Agency is found to no longer have qualified staff or is found to be in non- compliance with the regulations. The rescission may be applied to all or part of the functions approved. Approved CITY OF ARLINGTON ______________________________ _________________ Mayor Date WASHINGTON STATE DEPARTMENTOF TRANSPORTATION ______________________________ _________________ Real Estate Services Date Page 25-34 WSDOT Local Agency Guidelines M 36-63.08 August 2010 WAIVER OF APPRAISAL The City of Arlington (Agency) desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives and desiring to take advantage of the $25,000.00 Rules appraisal waver process approved by the Federal Highway Administration for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation as follows: A. The City of Arlington (Agency) may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the PFE (Project Funding Estimate) is $25,000.00 B. The Agency must make the property owner(s) aware that an appraisal has not been done on the property and that one will be completed if they desire. or less including cost-to cure items. C. Special care should be taken in the preparation of the waiver. As no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. Procedures A. An Administrative Offer Summary (AOS) is prepared using data from the PFE. B. The AOS is submitted to Public Works Director for approval. C. Public Works Director signs the AOS authorizing a first offer to the property owner(s). APPROVED: CITY OF ARLINGTON By: ________________________________ ___________________ Mayor Date WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: ________________________________ ___________________ Real Estate Services Date City of Arlington RIGHT OF WAY ACQUISITION ADMINISTRATIVE SETTLEMENT POLICY & PROCEDURES The City of Arlington hereby agrees to implement the following policy and procedures to expedite the acquisition of real property by agreements with owners and to avoid litigation and relieve congestion to the courts. It is the city’s intent to make every reasonable effort to expeditiously acquire real property by negotiation. Furthermore, the City of Arlington recognizes the inexact nature of the process by which just compensation is determined. Therefore, the implementation of the policies and procedures set forth are necessary in resolving differences with property owners: 1. Any administrative or stipulated settlement, which exceeds the fair market value, must be well documented and thoroughly justified. 2. The rationale for the settlement shall be set forth in writing. 3. The extent of written explanation is a matter of judgment and should be consistent with the circumstances and the amount of money involved. 4. The Consultant shall recommend to the Public Works Director that the proposed settlement should be approved. 5. The City engineer shall have authority to approve administrative settlements within the following ranges when it is determined that such action is in the public interest: Just Compensation Maximum Administrative Allowance $0 to %100,000 10% of fair market value ($10,000 max) $100,000 to $200,000 5% of fair market value ($20,000 max) 6. The City Council shall have authority to approve administrative settlements outside the above ranges, when it is determined that such action is in the public interest. 7. In arriving at a determination to approve an administrative settlement, the Public Works Director and the City Council must give full consideration to all pertinent information, but not limited to the following: (a) All available appraisal, including the owner’s and the probably range of testimony in a condemnation trial. (b) The ability to acquire the property, or possession, through the condemnation process to meet the construction schedule. (c) The negotiator’s recorded information. (d) Recent court awards in cases involving similar acquisition and appraisal problems. (e) Likelihood of obtaining an impartial jury in local jurisdictions, opinion of legal counsel where appropriate. (f) Estimate of trial cost weighted against other factors. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of this _____________day of _________________, 2010. Approved by: ____________________________________ _______________ Mayor Date Attest: ____________________________________ _______________ Asst. City Administrator/City Clerk Date Approved as to Form: ____________________________________ _______________ City Attorney Date City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT C COUNCIL MEETING DATE: October 11th 2010 SUBJECT: Fire Station #46 Renovation DEPARTMENT OF ORIGIN: Executive/ Paul Ellis 4603 ATTACHMENTS: Bid Tab EXPENDITURES REQUESTED: Project Budget $1,700,000.00 BUDGET CATEGORY: Capital Facilities LEGAL REVIEW: Yes DESCRIPTION: The proposed Station 46 Renovation project would demolish the living quarters on the South end of the building and replace it with a 3900 square foot two story structure that will provide the living space for the increased staffing needs of the service area. A new roof over the truck bays will replace the current aging metal roof and the old administration building will be demolished to provide parking and an area to wash fire apparatus. The city received five bids for the project. Synergy Construction from Woodinville Washington was the lowest responsive bidder. HISTORY: Fire Station # 46 is located 137 North MacLeod. The original portion of the building was constructed in 1961. It was expanded in 1972 with the addition of the Northern truck bays. Currently the living area is too small to accommodate the staffing levels required for the service area and the building design will not structurally support a second floor addition. The roof is failing and past the point of repair. Leaks both over the truck bays and in the living area can no longer be fixed. COMMITTEE REVIEW AND ACTION: ALTERNATIVES: RECOMMENDED ACTION: Discussion Item Only.