The URL can be used to link to this page

Home My WebLink About10-18-10 Council Meeting Arlington City Council October 18, 2010 - 7 PM City Council Chambers 110 E. Third 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 INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes CONSENT AGENDA 1. Minutes of the October 4 & 11, 2010 meetings ATTACHMENT A 2. Accounts Payable 3. Appointment to the Civil Service Commission ATTACHMENT B PUBLIC HEARING UNFINISHED BUSINESS NEW BUSINESS 1. Proposed Stormwater Rate Increase/Request for Public Hearing ATTACHMENT C 2. 67th Ave, Phase 3 Project ROW Procurement Policy and Procedure ATTACHMENT D 3. Resolution rejecting all bids and authorizing a re-bid ATTACHMENT E of the Station #46 project DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To download all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third October 4, 2010 City Council Members Present by Roll Call: Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker Council Members Absent: There were no Council Members absent. City Staff Present: Mayor Larson, Allen Johnson, Jim Chase, Police Chief Nelson Beazley, Police Officers Rory Bolter and Jason Rhodes also Police Sgt. Mark Pennington, Jim Kelly, Bill Blake, Fire Chief Jim Rankin, Chris Badger, Paul Ellis, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: The family of Police Chief Nelson Beazley, Sarah Arney – Arlington Arts Council, and Gale Fiege – Everett Herald Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. At this time City Attorney Steve Peiffle swore in Police Chief Nelson Beazley to the office of Police Chief. Chief Beazley then introduced his family and friends who were in attendance. SWEARING IN PUBLIC COMMENT Sarah Arney, from the Arlington Arts Council, invited all to the annual Art Auction which will be held this year on October 16. Eileen McClusky Shouman, 7607 West Country Club Drive, Arlington, a resident of Gleneagle, spoke regarding the request for land use re-designation. She urged the Council to deny the WRJB request, after which she stated the reasons for her request. CONSENT AGENDA Steve Baker moved and Sally Lien seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the September 20 and 27th meetings 2. Accounts Payable Claims Checks #71086 through #71247 dated October 4, 2010 in the amount of $1,992,111,48, and Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT October 4, 2010 Page 2 of 3 Payroll Checks #26882 through #26920 and Electronic Payments #127561 through 127812 for the period September 1, 2010 through September 30, 2010 in the amount of $1,215,667.66. PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Public Works Director Jim Kelly addressed the need for a chlorine generator and the firms that could provide the generator. Mr. Kelly answered Council questions. Purchase of a Chlorine Generator Dick Butner moved to authorize the purchase of the Chlorine Generator for the Water Treatment Plant. Sally Lien seconded the motion that passed with a unanimous vote. Mr. Kelly noted that the City of Arlington is being awarded a grant in the amount of $115,678.00. Stormwater Capacity Grant Agreement Dick Butner moved to approve the Department of Ecology Municipal Stormwater Capacity Grant Agreement and authorize the Mayor to sign the grant agreement for Grant Offer No. G1100012. Marilyn Oertle seconded the motion that passed with a unanimous vote. Fire Chief Jim Rankin addressed the Comprehensive Emergency Management Plan. He amended an historical statement, and then invited Emergency Manager Chris Badger to answer Council questions. There were no questions. CEMP Resolution ATTACHMENT D Sally Lien moved to authorize the Mayor to sign Proposed Resolution adopting the 2010 Comprehensive Emergency Management Plan and authorize staff to submit the CEMP to the State for approval. Scott Solla seconded the motion that passed with a unanimous vote. Natural Resources Manager Bill Blake urged Council approval of this request. Transfer of Development Rights Grant Acceptance Steve Baker moved to authorize the Mayor to sign the grant contract with Washington State Department of Commerce following legal review. Sally Lien seconded the motion that passed with a unanimous vote. Assistant to the City Administrator for Special Project Paul Ellis addressed the request for a November 6 street closure. Discussion followed. Street Closure for Event on November 6 Marilyn Oertle moved to approve the requested parking and street closures. Chris Raezer seconded the motion that passed with a unanimous vote. Minutes of the City of Arlington City Council Meeting DRAFT October 4, 2010 Page 3 of 3 DISCUSSION ITEMS Through the use of a power point presentation Finance Director Jim Chase gave a brief presentation on the 2011 Preliminary Budget. He then answered Council questions. Preliminary Budget for 2011 ADMINISTRATOR & STAFF REPORTS Mr. Johnson discussed the search for a new Fire Chief with the surrounding events. The termination notice for the present Fire Chief Jim Rankin has now been signed, and Dept. Chief Tom Cooper will take charge until Chief Beazley is officially on board. MAYOR’S REPORT Mayor Larson gave a brief report of events she had recently attended. COUNCIL MEMBER REPORTS Linda Byrnes, Sally Lien, Marilyn Oertle, Chris Raezer, Dick Butner, and Steve Baker gave brief reports, while Scott Solla had nothing to report at this time. EXECUTIVE SESSION City Attorney Steve Peiffle stated that there was no need to have an Executive Session. With no further business to come before the Council, the meeting was adjourned at 7:52PM. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street October 11, 2010 Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker, Mayor Larson, Allen Johnson, Kristin Banfield, Police Chief Nelson Beazley, Tom Cooper, Jim Chase, Jim Kelly, Roxanne Guenzler, Kris Wallace, Julie Good, Cristy Brubaker, Paul Ellis, and Jan Bauer Council Members Absent: All members were present. Also Known to be Present: Bruce Thompson – Pull A Part, Sarah Arney – North County Outlook, and Denny Byrnes – attending Linda Mayor Larson called the meeting to order at 7:00PM. Steve Baker moved to approve the Agenda, and Sally Lien seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. Mayor Larson stated that the Operations Assistant Manager for Wal-Mart has invited the Council to their VIP opening on Wednesday October 27 at 7AM. WORKSHOP ITEMS ~ NO ACTION WAS TAKEN Public Works Director Jim Kelly, with the assistance of Public Works Coordinator Christy Brubaker, gave an update of the requested stormwater rate increase. He distributed an October 11, 2010 memo Recommended Stormwater Utility Rate Increase addressed to Mayor Larson and the Council. Mr. Kelly presented two scenarios regarding the proposed increase and briefly spoke to each. Throughout the presentation Mr. Kelly answered Council questions and asked for a November Public Hearing on this issue Proposed Stormwater Rate Increase Ordinance Mr. Kelly and Ms. Brubaker presented this Right of Way Acquisition and asked for Council approval. 67th Avenue Phase III -Adoption of ROW Acquisition Procedure & Forms Information was also distributed regarding a Transit Center Open House Wednesday, October 13, 2010 from 4 - 7PM. With the use of a power point presentation Finance Director Jim Chase gave an informational update on the Draft 2011 Budget. Throughout and at the conclusion of the presentation Mr. Chase answered Council questions. Budget Workshop Bid Award for Fire Station #46 Assistant to the City Administrator for Projects Manager Paul Ellis stated that the Fire Station #46 project mason was to be taken from an approved mason’s list, and that there is now a glitch in the bid process. Next Monday he will bring to the Council an authorization to re-bid the project. Mr. Ellis then answered Council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT October 11, 2010 Page 2 of 2 Miscellaneous Council items Mr. Johnson noted additional funds that have been received from the Davis situation. The meeting was adjourned at 7:50PM. ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: Consent Agenda #3 ATTACHMENT B COUNCIL MEETING DATE: October 18, 2010 SUBJECT: Recognition of Appointment of Jim Rankin to Civil Service Commission DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: -Jim Rankin’s Application for Civil Service Commission. EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: In August, Howard Christianson resigned from the Arlington Civil Service Commission, leaving one vacancy on the 3 member panel. The City advertised for applications to fill the vacancy in the Arlington Update. The Mayor, after reviewing the applications received for the position, has appointed Jim Rankin to serve out the remainder of Mr. Christianson’s term, which expires in April 2016. Arlington Municipal Code section 2.48.020 provides: 2.48.020 Membership. Such commission shall be composed of three members to be appointed by the mayor, who shall serve six year terms. Commissioners shall serve without compensation. Such commissioners shall have the qualifications prescribed by the act referred to in Section 2.48.010. This is consistent with state law, RCW 41.08.030, which provides in part: The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with power and authority to select, appoint, or employ the chief of a fire department in any such city, prior to the enactment of this chapter. …. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required. … Unlike most appointments, the Civil Service Commission is appointed by the Mayor and no approval by the Council is required. RECOMMENDED MOTION: I move Council recognize the appointment of Mr. Jim Rankin to the vacant seat on the Civil Service Commission. City of Arlington Council Agenda Bill AGENDA ITEM: New Business ATTACHMENT C COUNCIL MEETING DATE: October 18 , 2010 SUBJECT: Proposed Stormwater Rate Increase/Request for Public Hearing DEPARTMENT OF ORIGIN: Public Works – Utilities Division James Kelly ATTACHMENTS: - Rate Increase Memo EXPENDITURES REQUESTED: No expenditure BUDGET CATEGORY: N/A LEGAL REVIEW: N/A 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: Motion directing staff to set a public hearing for November 1, 2010 in order to gather input from the public on the proposed stormwater rate increase and possible options. City of Arlington Public Works Memo To: Mayor Larson, City Council From: James Kelly cc: Allen Johnson Date: October 18, 2010 Re: Recommended Stormwater Utility Rate Increase The recently completed Stormwater Comprehensive Plan is an update to the City’s Final Draft Stormwater Management Plan (Barrett Consulting Group 1995). The update presents current conditions of the stormwater infrastructure in the city and Urban Growth Area, identifies regulatory issues and challenges facing the Stormwater Utility, presents a capital improvement program for continued/improved stormwater management, and a includes financial analysis weighing stormwater management responsibilities against stormwater revenues. The financial analysis showed that the Stormwater Utility cannot function at the current $3.45/month stormwater utility rate. The needed stormwater capital improvement projects, coupled with the increased regulatory requirements on the Stormwater Utility, can only be completed with an increase to the current stormwater utility rate. This memorandum summarizes the proposed rate increase. Stormwater Utility Operations – As the state’s clean water requirements focused on stormwater, the City appropriately responded to meet the new stormwater challenge. Some important dates and milestones for the Stormwater Utility: - 2005 the City created the Stormwater Utility; - 2006 the City established a stormwater monthly rate of $3.45 per Equivalent Surface Area (ESU) to fund the Stormwater Utility (an ESU - equal to a single family residential property or 6,000 square feet of impervious surface area for non-residential properties). - 2007 the City was issued an NPDES, Phase 2 stormwater permit; and in - 2008 the City hired a Stormwater Technician to coordinate the maintenance and regulatory requirements of the NPDES permit. The “Operation” of the Stormwater Utility encompasses many aspects of stormwater management; these include cleaning of City storm systems (in-house staff), inspection of public and private stormwater treatment systems, capital repair and improvement planning, stormwater utility billing, and education/outreach.  Page 2 The NPDES, Phase 2 stormwater permit is being phased in over a 5-year period; each year additional requirements are placed on the City to control and manage stormwater, these additional requirements place a personnel and financial strain on the Stormwater Utility. The Stormwater Comprehensive Plan’s financial analysis included an extended outlook of the operating expenses necessary to meet the NPDES Phase II requirements, to fund the pay off of existing debt, and to fund a share of Utility Administration (currently funded by water and sewer). A summary of the extended financial outlook is presented below: Stormwater Capital Improvement Projects - The Stormwater Comprehensive Plan identified approximately $17,674,000 of capital improvements and programs to upgrade the City’s storm infrastructure system; this is an unachievable effort to accomplish in the next six years. The City did develop a capital improvement scenario that is a reasonable alternative to make progress toward solving the City’s stormwater issues over the next six years and requires an investment of approximately $1.9 million. Added to the Storm Utility’s M&O expense, total Stormwater Utility expenditures will continue to escalate over the next six years. EST. STORM EXPENSE - WITH CAPITAL BUILD-UP PROGRAM - 200,000 400,000 600,000 800,000 1,000,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 Xfer to Storm Improv. for CIP Existing Loan (Prog. Devel. to w tr) Storm M&O Expense  Page 3 Proposed Rate Increase - The current stormwater charge was set in 2006 at $3.45 per ESU; currently there is no City Utility Tax levied on this rate. The below table presents two rate scenarios that include City Utility Tax and will meet the Stormwater Utility’s financial need for the next six years: Presented below for each rate scenario is a breakdown of the proposed six year revenue stream along with the Net Present Value (NPV- at assumed 2.2% cost of funds) of the revenue stream. A detailed breakdown of projected revenues and expenses is included at the end of this memorandum. 2010 2011 2012 2013 2014 2015 2016 2017 ESU Billing Units 10,704 10,734 10,764 10,794 10,824 10,854 10,884 10,914 Assumed CPI 0% 0% 1% 1.30% 2% 2.20% 2.20% 2.20% Scenario 1 - Rate increase in 2011, begin CPI increase in 2012 Rate $3.45 $6.00 $6.06 $6.14 $6.26 $6.40 $6.54 $6.68 Tax $0.00 $0.41 $0.41 $0.42 $0.43 $0.44 $0.44 Total Rate $0.45 $3.45 $6.41 $6.47 $6.56 $6.69 $6.83 $6.98 $7.14 Projected Revenue $443,146 $772,848 $782,758 $795,144 $813,301 $833,497 $854,189 $875,387 NPV $5,565,623.35 Scenario 2 - Rate increase in 2011, 2012, and 2013; begin CPI increase in 2014 Rate $3.45 $4.45 $5.45 $6.45 $6.58 $6.72 $6.87 $7.02 Tax $0.00 $0.30 $0.37 $0.44 $0.45 $0.46 $0.47 Total Scenario #2 $0.48 $3.45 $4.75 $5.82 $6.89 $7.02 $7.18 $7.34 $7.50 Projected Revenue $443,146 $572,889 $703,658 $835,147 $854,218 $875,430 $897,162 $919,427 NPV $5,484,151.67 2010 2011 2012 2013 2014 2015 2016 2017 Scenario 1 $ 3.45 $ 6.41 CPI CPI CPI CPI CPI CPI Scenario 2 $ 3.45 $ 4.75 $ 5.82 $ 6.89 CPI CPI CPI CPI Rate Comparison (Benchmarking) – While it is nice to know what other jurisdictions are charging for their Stormwater Services; it is important to remember that each jurisdiction may have other factors impacting the monthly rate, such as program scope and organization, need for major improvements, size of customer base, etc. The monthly rates compared in the below table were taken from information provided on the websites in February 2010. 1. These rates include both City and State utility tax Note 2. These jurisdictions do not charge City tax of stromwater rates Jurisdiction Monthly Storm Rate Note Duvall $16.92 1 Stanwood $12.25 1 Everett $11.60 1 Monroe $10.50 2 Sno. Co. - Arl UGA $10.17 2 Marysville $10.00 2 Snohomish $9.52 2 Lake Stevens $8.67 2 Unincorp. Sno. Co. $7.50 2 Sultan $6.75 2 Burlington $6.07 2 Arlington Proposed $6.41 1 Mt. Vernon $6.05 2 Arlington Exist $3.45 2 KI s a k s e n : A r l i n g t o n S t o r m F i n a n c i a l P l a n , D r a f t 1 0 / 1 4 / 2 0 1 0 As s u m p t i o n s Ne w R e s i d e n t i a l U n i t s 30 30 30 30 30 30 30 Es t . R e v e n u e E S U ' s 10 , 4 0 1 10 , 7 0 4 10 , 7 3 4 10 , 7 6 4 10 , 7 9 4 10 , 8 2 4 10 , 8 5 4 10 , 8 8 4 CI T Y O F A R L I N G T O N - S T O R M AC T U A L AC T U A L AC T U A L Es t . / B d g t . Pr o j e c t e d Pr o j e c t e d Pr o j e c t e d Pr o j e c t e d Pr o j e c t e d Pr o j e c t e d SI X - Y E A R P R O J E C T I O N S 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 20 1 6 St o r m w a t e r R e v e n u e / 5 * 1 2 m o s St o r m S e r v i c e C h a r g e s 34 0 , 3 7 4 34 9 , 6 8 3 34 9 , 1 4 4 36 1 , 5 3 6 36 2 , 7 7 8 36 4 , 0 2 0 36 5 , 2 6 2 36 6 , 5 0 4 36 7 , 7 4 6 36 8 , 9 8 8 St o r m S e r v i c e - M a r y s v i l l e B i l l i n g 52 , 9 3 6 77 , 6 5 1 81 , 4 5 9 81 , 6 0 0 81 , 6 0 0 81 , 6 0 0 81 , 6 0 0 81 , 6 0 0 81 , 6 0 0 81 , 6 0 0 In v e s t m e n t I n t e r e s t 3, 8 9 7 2, 3 6 4 1, 3 8 6 78 5 78 5 78 5 78 5 78 5 78 5 78 5 FE M A S t o r m A s s i s t a n c e 54 , 5 4 1 Mi s c e l l a n e o u s - - - 15 5 - - - - - - To t a l S t o r m R e v e n u e 39 7 , 2 0 7 42 9 , 6 9 8 43 1 , 9 8 9 49 8 , 6 1 7 44 5 , 1 6 3 44 6 , 4 0 5 44 7 , 6 4 7 44 8 , 8 8 9 45 0 , 1 3 1 45 1 , 3 7 3 St o r m E x p e n s e bu d g e t St o r m M & O E x p e n s e * 28 5 , 1 7 8 31 0 , 0 1 7 36 4 , 3 0 1 34 1 , 3 8 1 38 3 , 3 2 9 39 6 , 7 4 6 41 0 , 6 3 2 42 5 , 0 0 4 43 9 , 8 7 9 45 5 , 2 7 5 Ad d i t i o n a l S t a f f f o r N P D E S P h I I - - 77 , 6 2 5 80 , 3 4 2 83 , 1 5 4 86 , 0 6 4 89 , 0 7 6 Ex i s t i n g L o a n ( P r o g . D e v e l . t o w t r ) 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 50 , 0 0 0 Xf e r t o S t o r m I m p r o v . f o r C I P 70 , 5 9 3 21 , 5 1 7 25 , 0 0 0 10 0 , 0 0 0 34 0 , 0 0 0 26 5 , 0 0 0 26 5 , 0 0 0 26 5 , 0 0 0 26 5 , 0 0 0 26 5 , 0 0 0 To t a l S t o r m R e v e n u e 35 5 , 7 7 1 38 1 , 5 3 4 43 9 , 3 0 1 49 1 , 3 8 1 77 3 , 3 2 9 78 9 , 3 7 1 80 5 , 9 7 4 82 3 , 1 5 8 84 0 , 9 4 3 85 9 , 3 5 1 *b e g i n f u n d i n g $ 3 0 , 0 0 0 ( 5 % ) o f U t i l i t i e s A d m i n i n 2 0 1 0 An n u a l I n c r e a s e / ( U s e ) o f R e s e r v e s 41 , 4 3 6 48 , 1 6 4 (7 , 3 1 2 ) 7, 2 3 6 (3 2 8 , 1 6 7 ) (3 4 2 , 9 6 6 ) (3 5 8 , 3 2 7 ) (3 7 4 , 2 6 9 ) (3 9 0 , 8 1 3 ) (4 0 7 , 9 7 9 ) Cu m u l a t i v e % o f S v c s C h a r g e s 90 % 94 % 98 % 10 2 % 10 6 % 11 1 % Es t . I n c r e a s e / M o . - C u m u l a t i v e 2. 5 5 2. 6 6 2. 7 7 2. 8 9 3. 0 1 3. 1 3 Es t . I n c r e a s e / M o . - A n n u a l 2. 5 5 0. 1 1 0. 1 1 0. 1 2 0. 1 2 0. 1 2 Es t i m a t e d R a t e / E S U / M o . 3. 4 5 $ 3. 4 5 $ 6. 0 0 6. 1 1 6. 2 2 6. 3 4 6. 4 6 6. 5 8 Pr o p o s e d R a t e S c e n a r i o # 1 6. 0 0 by C P I by C P I by C P I by C P I by C P I Pr o p o s e d R a t e S c e n a r i o # 2 4. 4 5 5. 4 5 6. 4 5 by C P I by C P I by C P I Ra t e S u f f i c i e n c y T e s t An n u a l s e r v i c e c h a r g e s i n c l u d i n g t a x e s s h o u l d a t l e a s t p a y f o r M & O a n d d e b t s e r v i c e p a y m e n t s . Se r v i c e C h a r g e s 39 3 , 3 1 0 42 7 , 3 3 4 43 0 , 6 0 3 44 3 , 1 3 6 44 4 , 3 7 8 44 5 , 6 2 0 44 6 , 8 6 2 44 8 , 1 0 4 44 9 , 3 4 6 45 0 , 5 8 8 M& O + D e b t 28 5 , 1 7 8 36 0 , 0 1 7 41 4 , 3 0 1 39 1 , 3 8 1 50 8 , 3 2 9 52 4 , 3 7 1 54 0 , 9 7 4 55 8 , 1 5 8 57 5 , 9 4 3 59 4 , 3 5 1 An n u a l S u r p l u s / ( D e f i c i t ) 10 8 , 1 3 2 67 , 3 1 7 16 , 3 0 2 51 , 7 5 5 (6 3 , 9 5 1 ) (7 8 , 7 5 1 ) (9 4 , 1 1 2 ) (1 1 0 , 0 5 4 ) (1 2 6 , 5 9 7 ) (1 4 3 , 7 6 3 ) En d i n g F u n d B a l a n c e 42 , 1 5 7 90 , 3 1 9 83 , 0 0 7 90 , 2 4 3 (2 3 7 , 9 2 4 ) (5 8 0 , 8 9 0 ) (9 3 9 , 2 1 7 ) (1 , 3 1 3 , 4 8 6 ) (1 , 7 0 4 , 2 9 9 ) (2 , 1 1 2 , 2 7 7 ) (a n a l y s i s e x c l u d e s a l l t a x e s ) (a n a l y s i s e x c l u d e s a l l t a x e s ) City of Arlington Council Agenda Bill AGENDA ITEM: New Business #2 ATTACHMENT D COUNCIL MEETING DATE: October 18 , 2010 SUBJECT: 67th Ave, Phase 3 Project ROW Procurement Policy and Procedure DEPARTMENT OF ORIGIN: Public Works – Engineering James Kelly ATTACHMENTS: - WSDOT ROW Procedure - WSDOT Waiver of Appraisal Procedure - Administrative Settlement Policy Procedure EXPENDITURES REQUESTED: No expenditure BUDGET CATEGORY: N/A LEGAL REVIEW: Pending Final Review by City Attorney DESCRIPTION: Council is being asked to approve the attached Right-of-Way (ROW) acquisition and procurement procedures and policies for the 67th Phase III Reconstruction Project; two are WSDOT procedures and one is an Administrative Settlement Policy procedure that the City previously adopted during the 67th Ave Ph 1 and Ph 2 project. HISTORY: – The City will be procuring additional ROW as a part of the 67th Phase III project. Since the project is funded in part by a WSDOT Federal grant, there are specific ROW acquisition and procurement procedures and policies the City must adopt and follow. These procedures are attached as follows: 1. WSDOT ROW Procedure 2. WSDOT Waiver of Appraisal Procedure 3. Administrative Settlement Policy Procedure WSDOT has reviewed and approved the acquisition and procurement procedures and policies, pending final review by City Attorney. ALTERNATIVES: - Remand to staff for additional edits. - Reject the policy and procedures. RECOMMENDED ACTION: Motion to approve the Right-of-Way (ROW) acquisition and procurement procedures and policies for the 67th Phase III Reconstruction Project, as attached and subject to final approval by the City Attorney. 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: New Business ATTACHMENT E COUNCIL MEETING DATE: October 18th 2010 SUBJECT: Fire Station #46 Re-Bid DEPARTMENT OF ORIGIN: Executive/ Paul Ellis 4603 ATTACHMENTS: Proposed Resolution rejecting all bids and authorizing a re-bid of the project EXPENDITURES REQUESTED: BUDGET CATEGORY: Capital Facilities LEGAL REVIEW: Yes DESCRIPTION: The city conducted a competitive bid process for the renovation of Fire Station number46. The Bid were opened and read in a public on October 1st 2010. During examination of the bid proposals receive it was discovered that the two lowest bidders miss a section of the masonry specifications requiring a masonry sub from an approved list. Attached is a resolution rejecting all bids and authorizing a re-bid of the project. 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: I move to authorize the mayor to sign a resolution rejecting all bids and granting authority to re-bid the fire station 46 project. 1 RESOLUTION NO. 2010-XXX A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON REJECTING ALL BIDS ON THE STATION #46 RENOVATION PROJECT, AND AUTHORIZING THE PROJECT TO BE RE-BID WHEREAS, the City of Arlington solicited bids for a project known as the City of Arlington Station #46 Remodel/Addition Project (hereinafter the “Project”); and WHEREAS, the City wishes to reject all bids and rebid the project; NOW, THEREFORE, the City Council of the City of Arlington, Washington do hereby resolve as follows: 1. The City Council hereby rejects all bids submitted for the Project; and 2. City staff is authorized and directed to prepare new bid specifications for the Project and to re-bid the Project once new specifications are prepared. APPROVED by the Mayor and City Council of the City of Arlington this ______ day of ____________, 2010. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney