HomeMy WebLinkAbout08-23-10 Council Workshop
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (10 min) IMCO CO#6 for WWTP Project Handout
2. (10 min) Division Street Dedication ATTACHMENT A
3. (10 min) North County Transfer Station Mitigation Agreement ATTACHMENT B
4. (5 min) M3 Financial Utility Easement ATTACHMENT C
5. (5 min) Surplus WWTP Belt Filter Press ATTACHMENT D
6. (10 min) Status report on the 2010 Emergency Management Strategic Plan ATTACHMENT E
7. (5 min) Follow-up discussion on the Comprehensive Emergency ATTACHMENT F
Management Plan
8. (10 min) Arlington Annex to the County Mitigation plan ATTACHMENT G
9. (10 min) Zoning and Land Use map amendments ATTACHMENT H
10. (10 min) Revision to the City Council Rules of Procedure – Mayor Pro Tem ATTACHMENT I
& Alternate Mayor Pro Tem, participation in Council meetings by telephone
11. (5 min) Proposal to Change Gambling Tax reporting requirements ATTACHMENT J
from Quarterly to Monthly
12. (5 min) Proposal to Change Occupation Taxes reporting requirements ATTACHMENT K
from Quarterly to Monthly
13. (5 min) Bulldog Basketball League Agreement ATTACHMENT L
14. (10 min) Professional Services Agreement with V. Ericson ATTACHMENT M
15. (10 min) Library Drop Box ATTACHMENT N
16. Utility Billing
17. Councilmember items
ADJOURNMENT
To download all attachments, click here
Arlington City Council Workshop
August 23, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
August 23, 2010
SUBJECT:
Acceptance of Deed of parcel from Vista
Properties Northwest for Division Street
DEPARTMENT OF ORIGIN:
Public Works – Engineering
ATTACHMENTS:
• Deed with exhibits
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Legal description has been reviewed by staff, upon
approval of acceptance by Council; the City
Attorney will draft the appropriate easement
document for signature by the property owner.
DESCRIPTION: Vista Properties is dedicating to the City a small section of property on which
Division Street was constructed many years ago.
HISTORY: As a condition of the site development, the property owner is required to dedicate
this property to the City.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED MOTION:
No action at this time – Council will be asked to approve at the September 7, 2010 Council
Meeting.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
August 23, 2010
SUBJECT: New (Draft) Snohomish County
North County Recycling and Transfer
(NCRTS) Traffic Mitigation Agreement
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Draft Traffic Mitigation Agreement
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: In June of 2010 the Council approved a six month extension to the 1992
Arlington and Snohomish County Settlement and Mitigation Agreement for the NCRTS with a
condition that a new Mitigation Agreement be drafted (attached) and adopted by January 1,
2011.
HISTORY:
In 1992 the City of Arlington and Snohomish County entered into a “Settlement and Mitigation
Agreement” to resolve various traffic mitigation issues related to the operation of the County’s
North County Recycling and Transfer Station (NCRTS).
In 1998 the City and County made an amendment to the Agreement that:
- based the mitigation fees on measured hauled refuse tonnage,
- established an agreed inflationary factor,
- establish July 31st as the annual starting date by which to measure refuse tonnage,
- and required the agreement be review every three years.
The City reviewed and extended the agreement in 2001, 2004, 2007 and for six months in June
2010.
ALTERNATIVES:
- Bring back for additional discussion at a later date
RECOMMENDED ACTION:
- Discussion only – no action is being requested.
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 1 of 5
Return to: Snohomish County Council, Mail Stop 609
“2011 – 2015 MITIGATION AGREEMENT”
THIS AGREEMENT, effective January 1, 2011, is entered into between
SNOHOMISH COUNTY, a political subdivision of the State of Washington (hereinafter
“County”) and the CITY OF ARLINGTON, a municipal corporation of the State of
Washington (hereinafter “City”) both organized and existing under the laws of the State
of Washington (hereinafter collectively referred to as “the parties”). This Agreement
provides for mitigation of impacts associated with the processing of mixed municipal
solid waste through the North County Recycling and Transfer Station (“NCRTS”) located
within the City of Arlington.
RECITALS
WHEREAS, the County is the owner of real property within the City, upon which
the NCRTS is located; and
WHEREAS, RCW 36.58.080 allows cities to charge counties to mitigate impacts
directly attributable to solid waste facilities, provided that such charges are reasonably
necessary to mitigate such impacts and that revenues generated from such charges are
expended to mitigate such impacts; and
WHEREAS, the County and City recognize that the NCRTS is an essential public
facility under the Growth Management Act, and that some of the Snohomish County
Tomorrow goals and policies are achieved by agreement to settle on mitigation payments;
and
WHEREAS, in accordance with the 1992 “Settlement and Mitigation Agreement”
between Snohomish County and the City of Arlington, the County and City negotiated a
mitigation agreement which considered impacts of the NCRTS on City facilities and
services, as well as implications to the County solid waste system, and as a result of that
agreement the County made mitigation payments to the City during 1992-2010; and
WHEREAS, the parties have previously renewed the existing mitigation
agreement in 1998, 2001, 2004, 2007, and 2010 with the most recent agreement set to
expire December 31, 2010; and
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 2 of 5
WHEREAS, the City and County have determined that continued mitigation
payments are warranted and beneficial to both parties; and
WHEREAS, both parties believe this Agreement to be in the best interests of the
public;
COVENANTS
NOW, THEREFORE, the parties do agree as follows:
1.
Road Impacts
In compensation for impacts associated with the operation of NCRTS upon City roads
and services, County shall pay to the City mitigation payments in an amount as more
specifically defined in the following paragraph. The payment shall be due and payable to
the City within forty-five (45) days after the last day of the calendar quarter commencing
March 31, 2011, and each calendar quarter thereafter throughout the term of this
Agreement. In addition to each quarterly payment, the County will provide
documentation to the City stating the total tons of solid waste leaving the transfer station.
The payment shall be based upon ton-miles traveled on City streets by Snohomish
County operated, filled solid waste transfer trailers. The City and County agree that the
distance traveled on City streets by each filled trailer is 1.7 miles. Ton-miles shall be
calculated quarterly and be based on the total tons of solid waste leaving the transfer
station each calendar quarter. The ton-mile payment shall be $.18 per ton-mile in 2010.
For the years 2011 – 2015, the parties agree to revise the ton-mile payment each calendar
quarter in accordance with the quarterly percentage change in the Washington State
Department of Transportation Construction Cost Indices, standard reference base for the
year 1990 = 110, as prepared by the Washington State Department of Transportation, in
full compensation for impacts of the transfer station operation upon City roads and
services during those years.
2.
One Time Correction of 2010 Estimated Payment
The payment issued to the City in August 2010 was based on 6 months of actual solid
waste tonnage and an estimated 6 months of solid waste tonnage leaving NCRTS as
outlined in the 2010 agreement extension. Due to a change in payment methodologies
from previous mitigation agreements, a one-time correction based on the actual solid
waste tonnage for July through December 2010 will be made in January 2011. If an
overpayment based on the estimated tonnage was made in August 2010, the overpayment
amount will be carried forward and the April 1, 2011 quarterly payment by the County
will be reduced by the overpayment amount. If an underpayment based on the estimated
tonnage was made in August 2010, the County will pay the City the difference between
the estimated amount and the amount based upon actual tonnage prior to January 31,
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 3 of 5
2011. The amount of any overpayment or underpayment will be calculated using the
methodologies outlined in the 2010 agreement extension.
3.
Haul Routes and Weight Restrictions
County vehicles traveling to and from the NCRTS will use the hauling routes previously
established pursuant to the 1992 Settlement and Mitigation Agreement.
The City will not place weight restrictions on the hauling routes which would limit the
ability of County vehicles hauling solid waste transfer trailers to use the hauling routes
for ingress to or egress from the NCRTS. All County vehicles entering and leaving the
NCRTS shall comply with the legal weight limits as defined in state law for such
vehicles.
4.
Hours of Operation
The transfer station may be open to customers between the hours of 7:00 AM and 10:00
PM (“customer hours”). The County will determine actual customer hours. The County
shall not lengthen customer hours without showing compliance with Arlington Municipal
Code and providing notice of the intent of extending hours of operation to the City
Manager.
Under short-term emergency situations the County may operate the station for longer
hours than stated in this Agreement. Short-term emergencies may include but are not
limited to: fire, equipment failure, hauler disruptions, or public health crisis. The County
shall immediately notify the City of the reason for the modification, and shall return to
the regular schedule as soon as practicable.
County crews may perform clean-up and repair and maintenance duties outside the
regular customer hours of operation subject to compliance with applicable City
regulations and code provisions and state law. Crews may also haul previously loaded
containers of waste away from the site or return empty containers to the site before or
after regular customer hours of operation subject to compliance with applicable City
regulations and code provisions and state law.
5.
Term and Effective Date of Agreement
This Agreement shall be in effect for five (5) years. It shall be effective from January 1,
2011 through December 31, 2015. It may be modified anytime within that time period by
the execution of a written amendment to this Agreement. The parties agree to enter into
negotiations to amend or reconfirm this Agreement no later than six (6) months prior to
its expiration.
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 4 of 5
6.
Liability
Snohomish County shall protect, save harmless, indemnify, and defend, at its own
expense, the City of Arlington, its elected and appointed officials, officers, employees,
and agents, from all losses or claims for damages whatsoever arising out of this
Agreement, which claims arise from the County’s negligent acts, errors, or omissions.
This provision shall include claims by the County’s employees or third parties. This
provision shall not obligate the County to assume financial responsibility for those
damages and expenses caused by the sole negligence or willful misconduct of the City’s
elected and appointed officials, officers, employees, or agents.
The City of Arlington shall protect, save harmless, indemnify, and defend, at its own
expense, Snohomish County, its elected and appointed officials, officers, employees, and
agents, from all loss or claim for damages whatsoever arising out of this Agreement,
which claims or losses arise from the City’s negligent acts, errors, or omissions. This
provision shall include claims by the City’s employees or third parties. This provision
shall not obligate the City to assume financial responsibility for those damages and
expenses caused by the sole negligence or willful misconduct of the County’s elected and
appointed officials, officers, employees, or agents.
7.
Administration
The Director of the Snohomish County Solid Waste Division and the Arlington Public
Works Director shall be joint administrators of this Agreement.
8.
Entire Agreement
This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements shall be effective for
any purpose.
9.
No Joint Venture
This Agreement does not create a partnership or joint venture, and in carrying out this
Agreement, the City and County shall act in their individual capacities and not as agents,
employees, or partners of one another.
10.
No Third-Party Beneficiary
This Agreement is made only for the benefit of the City and County and no third person
or party shall have any rights hereunder whether by agency, as a third-party beneficiary,
or otherwise.
2011 – 2015 Mitigation Agreement
With City of Arlington
Page 5 of 5
11.
Attorney’s Fees
In the event either party brings a lawsuit to enforce this Agreement, or arising from a
breach of this Agreement, the prevailing party shall be entitled to its costs and attorney’s
fees for bringing or defending the action. The venue for any dispute related to this
Agreement shall be Snohomish County, Washington.
SNOHOMISH COUNTY
DATED: _____________________ By: _______________________________
Aaron Reardon
Snohomish County Executive
ATTEST:
________________________________
Clerk of the Council, Asst. Date
Snohomish County
APPROVED AS TO FORM:
_________________________________
Deputy Prosecuting Attorney Date
Snohomish County
CITY OF ARLINGTON
DATED: _________________________ By: ________________________________
Margaret Larson
Mayor, City of Arlington
ATTEST:
_________________________________
City Clerk Date
APPROVED AS TO FORM:
__________________________________
City Attorney Date
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL WORKSHOP DATE:
August 23, 2010
SUBJECT:
Acceptance of Utility Easements from M3
Financial
DEPARTMENT OF ORIGIN:
Public Works – Engineering
ATTACHMENTS:
• Exhibit Map of Utility Easement
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Legal description has been reviewed by staff, upon
approval of acceptance by Council; the City
Attorney will draft the appropriate easement
document for signature by the property owner.
DESCRIPTION: M3 Financial is dedicating a utility easement as shown on the attached map.
HISTORY: As a condition of further site development and to accommodate utility services to
this site, the property owner is required to dedicate easements for the City’s access to maintain
and service the utilities.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED MOTION:
No action at this time – Council will be asked to approve at the September 7, 2010 Council
Meeting.
67th Ave NE
188th St NE
"Legend
ROW
Easem ents
County Parcels
Scale:
Date :
File N ame:
Carto graphe r:
M3Financial_Utility_easement_10.mxd
07/21/2010 lb
Exhibit :M3 Financial Management LLC. Utility Easement
City of Arlington
1 inch = 1 00 fe et
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL WORKSHOP DATE:
August 23, 2010
SUBJECT: Surplus of City Equipment DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
-Handout will be provided at the meeting.
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: The Wastewater Treatment Plant has a piece of equipment (Belt Filter Press)
that is no longer needed and needs to be sold as surplus.
HISTORY:
Construction of the WWTP project has included the installation of a new bio-solids dewatering
device (a fan press), this new piece of equipment replaces the existing Belt Filter Press. The
existing Belt Filter Press is approximately 16,000 pounds and will cost approximately $6, 000 to
have it removed and hauled away. La Conner has the same type of Belt Filter Press and would
be willing to pay for the removal and hauling; La Conner would use the City’s surplus Belt Filter
Press for spare parts.
ALTERNATIVES:
- Bring back for additional discussion at a later date
RECOMMENDED ACTION:
- Discussion only – no action is being requested.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
August 23, 2010
SUBJECT: 2010 Emergency Management
Strategic Plan Status Report
DEPARTMENT OF ORIGIN:
FIRE
ATTACHMENTS: Status Report on the 2010 Emergency Management Strategic Plan
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: None
LEGAL REVIEW: DNA
DESCRIPTION:
The 2010 Emergency Management Strategic Plan is a joint planning document between the
City, School District and Cascade Valley Hospital which identifies emergency management
activities for 2010. The “Joint Oversight” management team has been meeting to discuss the
progress of the strategic plan. As a result a “reporting date” schedule has been developed for
the balance of 2010 and the team would like to share that report with the Council.
HISTORY: The first draft of this plan was presented at the January 30, 2010 Council Retreat
with a follow-up discussion at the May 24, 2010 council workshop and adoption of the plan by
the Council at the June 7, 2010 council meeting..
ALTERNATIVES:
None.
RECOMMENDED ACTION:
No action is required at this time.
Emergency Management Strategic Plan
Reporting Dates
1. City Council Adopts 2010 Strategic Plan – June 7, 2010.
2. Public Safety Meeting – August 20th
3. Initial Report to the City Council – August 23rd: Will start
off the reporting with this report at Council Workshop.
: Review the
proposed reporting dates with Sally.
4. Joint Oversight Meeting with School District and Hospital
– August 25th: Make sure we have a plan for reports to be
made to all of the partners in Sept/October.
5. Reports to the School Board and Hospital Board – during
month of October: Complete the reporting process with the
Partners.
6. Draft Preliminary Budget delivered to City Council –
October 4th
7. City Council Budget Workshop – October 11
.
th
8. Joint Meeting of City Council, School Board and Hospital
Board – November 29
.
th: A combined report will be made at
this meeting with all three partners.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
August 23, 2010
SUBJECT: Comprehensive Emergency
Management Plan
DEPARTMENT OF ORIGIN:
FIRE
ATTACHMENTS:
None.
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: DNA
LEGAL REVIEW: DNA
DESCRIPTION: The Comprehensive Emergency Management Plan (CEMP) is an all hazards
plan that provides the structure and mechanisms for policy and operational coordination for
emergency management. This plan is consistent with the National Incident Management
System (NIMS) and parallels the Snohomish County’s CEMP.
HISTORY: The City’s CEMP was last updated in 2003. The revised CEMP was presented to the
Council at a workshop on May 24, 2010 and August 9, 2010. The revised CEMP was delivered
to the Council via our MyState notification system. The only remaining issue is to insert the
final wording regarding the selection of the alternate Mayor Pro-Tem in the event that the
Mayor and Mayor Pro-Tem are not available during an emergency event. Once that has been
determined the CEMP can be present to Council for final approval at the first meeting in
September.
ALTERNATIVES:
Continue to function under the County’s CEMP as an advisory member of the Department of
Emergency Management.
RECOMMENDED ACTION:
There is no action requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT G
COUNCIL MEETING DATE:
August 23, 2010
SUBJECT:
City of Arlington Annex to Snohomish County
Hazard Mitigation Plan
DEPARTMENT OF ORIGIN:
FIRE
ATTACHMENTS:
City of Arlington Annex.
EXPENDITURES REQUESTED: 0
BUDGET CATEGORY: 0
LEGAL REVIEW: N/A
DESCRIPTION:
To qualify for future mitigation grant funding as it becomes available, the City of Arlington
must have a Hazard Mitigation Plan on file with FEMA.
HISTORY: Every 5 years Snohomish County must complete a Countywide Hazard Mitigation
Plan which is a very cumbersome and time consuming process. During their process they ask
for partners and stakeholders within the County to join them in creating the Plan. The City of
Arlington is a stakeholder and participated in the overall planning process with the County to
develop the base Mitigation Plan as well as the City of Arlington Annex. The County Plan is
currently being reviewed by FEMA and once approved by them will allow all stakeholders the
ability to apply for future mitigation grants. The City of Arlington Annex is being brought
forth to you tonight to review prior to the final adoption process of the overall County Plan by
FEMA and County Council.
City of Arlington
Council Agenda Bill
ALTERNATIVES:
Not completing the Annex would make us ineligible for future mitigation grants.
RECOMMENDED ACTION:
There is no action requested at this time.
CITY OF ARLINGTON ANNEX
3.1 HAZARD MITIGATION PLAN POINT OF CONTACT
Primary Point of Contact Alternate Point of Contact
Christine Badger, Emergency Management
Coordinator
6231 188th Street NE
Arlington, WA 98223
Telephone: 360-403-3618
e-mail Address: cbadger@arlingtonwa.gov
Bill Blake, Assistant Community Development
Director/Natural Resource Manager
238 North Olympic Avenue
Arlington, WA 98223
Telephone: 360-403-3440
e-mail Address: bblake@arlingtonwa.gov
3.2 JURISDICTION PROFILE
The following is a summary of key information about the jurisdiction and its history:
• Date of Incorporation—1903
• Current Population—17,150 as of April 1, 2009 (WA State Office of Financial
Management)
• Population Growth—The City had experienced continued growth the past twenty years,
increasing population by over 450 percent since 1980. Arlington’s current population is about
17,150. While the economy has significantly reduced the speed at which Arlington was
growing, it is still expected to double by 2025. People and businesses are drawn to the area by
the availability of suitable property and accessibility to water and sewer services.
• Location and Description—The City of Arlington is located in northern Snohomish County
approximately 10 miles north of Everett and 40 miles north of Seattle. The City limits cover
an area of approximately 9.2 square miles, and is roughly bounded by the Stillaguamish River
and its flood plain on the north-northwest; I-5 on the west; 164th Street NE to 67th Avenue
then 172nd Street on the south; and by SR-9 and the South Fork Stillaguamish flood plain on
the east. The City of Marysville lies to the south, the Stillaguamish Indian Reservation to the
north and the Tulalip Indian Reservation to the southwest. Further east up the Stillaguamish
Valley is the City of Darrington.
• Climate—On average, the warmest month is August, the highest recorded temperature was
98°F in 1955. January is the average coolest month; the lowest recorded temperature was 0°F
in 1993. The maximum average precipitation occurs in November.
• Development Trends—The City and the immediate area is primarily suburban and rural
residential with supporting retail and commercial enterprises. Light industrial and
manufacturing business are located in the central portions of the City around the City-owned
Arlington Airport. Unlike many small towns, Arlington is an employment center with
approximately 2.2 jobs per household.
The local industrial, commercial and retail activities provide a significant portion of the
area’s economic base, which is supplemented by “commuter payrolls” in nearby Everett.
Therefore, the economy of Arlington is influenced by the industry in the surrounding area,
the most significant of which is Boeing’s manufacturing facilities, the Navy’s carrier home
base and the “Technology Corridor.”
Over the years, the greater Arlington area has realized an increase in commercial and
industrial growth. The most significant growth has occurred at the City’s municipal airport. In
addition to the many aviation related assets, the airport also provides benefits to local
businesses and industries and encourages additional economic development and expansion
throughout the City and surrounding communities. The Airport is also in the process of
developing an additional 124 acres of business parks.
Smokey Point, annexed to the City in 1999, is a business community located in southwest
Arlington that is a rapidly growing commercial and retail area that serves the City and the
City of Marysville. Island Crossing was annexed into the City in 2009 and includes a large
portion along the Stillaguamish River, commercial farming and a few retail stores near the I-5
interchange.
• Governing Body Format—The City of Arlington is a Mayor-Council form of government,
with seven elected council members and a part-time mayor govern Arlington and will assume
responsibility for adoption of this plan. The City Administrator oversees day-to-day operation
of City-sponsored services, which include; administrative services, development services
(includes planning, engineering, utilities, and natural resources), finance, airport operations,
police and fire.
Washington State Law (Revised Code of Washington (RCW) Chapter 36.70) requires that
counties that meet specified population criteria, and the cities within those counties, to
prepare and adopt a comprehensive long-range plan to serve as a guide for community
development. The plan must consist of an integrated and internally consistent set of goals,
policies, and implementation measures. In addition, the plan must focus on issues of the
greatest concern to the community and be written in a clear and concise manner. City actions,
such as those relating to land use allocations, annexations, zoning, subdivision and design
review, redevelopment, and capital improvements, must be consistent with such a plan. The
City of Arlington is in compliance and good standing with the provisions of RCW 36.70 and
adopted its most recent general plan in 2005 and updated the plan in 2009. The City will
review and amend its Comprehensive Plan as necessary. Future growth and development will
be managed as identified in this plan.
3.3 JURISDICTION-SPECIFIC NATURAL HAZARD EVENT HISTORY
Table 3-1 lists all past occurrences of natural hazards within the jurisdiction. Repetitive loss records are as
follows:
• Number of FEMA Identified Repetitive Flood Loss Properties: 1 (as of 2/28/2010)
• Number of Repetitive Flood Loss Properties that have been mitigated: None
3.4 HAZARD RISK RANKING
Table 3-2 presents the ranking of the hazards of concern.
3.5 CAPABILITY ASSESSMENT
The assessment of the jurisdiction’s legal and regulatory capabilities is presented in Table 3-3. The
assessment of the jurisdiction’s administrative and technical capabilities is presented in Table 3-4. The
assessment of the jurisdiction’s fiscal capabilities is presented in Table 3-5. Classifications under various
community mitigation programs are presented in Table 3-6.
3.6 HAZARD MITIGATION ACTION PLAN AND EVALUATION OF
RECOMMENDED INITIATIVES
Table 3-7 lists the initiatives that make up the jurisdiction’s hazard mitigation plan. Table 3-8 identifies
the priority for each initiative. Table 3-9 summarizes the mitigation initiatives by hazard of concern and
the six mitigation types.
3.7 STATUS OF PREVIOUS PLAN INITIATIVES
Table 3-10 summarizes the initiatives that were recommended in the previous version of the hazard
mitigation plan and their implementation status at the time this update was prepared.
3.8 HAZARD AREA EXTENT AND LOCATION
Hazard area extent and location maps have been generated for the City of Arlington and are included at
the end of this chapter. These maps are based on the best available data at the time of the preparation of
this plan, and are considered to be adequate for planning purposes.
TABLE 3-1.
NATURAL HAZARD EVENTS
Type of Event FEMA Disaster #(if applicable) Date
Preliminary Damage
Assessment
Severe Storm/Flood 1817-DR 1/2009 $96,323
Severe Winter Storm 1825-DR 12/2008 $239,256
Severe Storm 1671-DR 11/2006 $2700
Windstorm N/A 1/2003 $30,000
Flood/Landslide 1172-DR 3/1997 $160,247
Flood 896-DR 12/1990 $168,948
TABLE 3-2.
HAZARD RISK RANKING
Rank Hazard Type Risk Rating Score (Probability x Impact)
1 Flood 39
2 Severe Storm 39
3 Earthquake 36
4 Landslide 18
5 Volcano/Lahar 9
6 Tsunami 6
7 Wildland Fire 6
8 Avalanche 3
9 Dam Failure 0
TABLE 3-3.
LEGAL AND REGULATORY CAPABILITY
Local
Authority
State or
Federal
Prohibitions
Other
Jurisdictional
Authority
State
Mandated Comments
Codes, Ordinances & Requirements
Building Code Y N N Y AMC Title 16; International Bldg code
adopted 7/19/04 by Ord. #1343
Ord. #1427 adopted 2007
Zonings Y N N Y AMC Title 20: Land Use Code Adopted
9/15/03
Subdivisions Y N N Y AMC Title 20: Land Use Code Adopted
9/15/03
Stormwater Management Y N N Y Ord. 1266 adopted Storm water Utility
9/4/2001 , AMC chapter 13.28
Post Disaster Recovery Y N N N Emergency Response Plan adopted in
2001 – Resolution #624 Emergency
Operations Plan in place but not
formally adopted as of this date,
Comprehensive Emergency
Management Plan also in final adoption
phase expected adoption 9/2010
Real Estate Disclosure N N N N No adopted regulations
Growth Management Y N N Y Growth Management Act-compliant
Comprehensive plan 1995-2015.
Adopted Dec. 2005 and last amended
2009.
Site Plan Review Y N N N Title 14.02 (updated Aug. 1998 by Ord.
1867)
Special Purpose (flood
management, critical
areas)
N N N N AMC Title 20 (adopted 9/15/03)
Chapter 20.64 Flooding, drainage &
erosion.
AMC Chapter 13.28
AMC Title 20; Chapter 20.88
Environmentally critical areas
Planning Documents
General or Comprehensive
Plan
Y N N Y Updated 4/20/2009, Ord. 1466,1467,
1468
Floodplain or Basin Plan N N N N City adopted the Stillaguamish River
flood Comprehensive Plan Sept. 2004
Stormwater Plan N N N N See Stormwater Utility Ord. 1266
Capital Improvement Plan Y N N N The city has drafted a CIP but it is not
currently adopted. There is also a public
services and facilities element in the
comprehensive plan.
TABLE 3-3 (continued).
LEGAL AND REGULATORY CAPABILITY
Local
Authority
State or
Federal
Prohibitions
Other
Jurisdictional
Authority
State
Mandated Comments
Planning Documents (continued)
Habitat Conservation Plan N N N N The City has critical area
regulations that’s purpose is to
protect critical habitat as
mandated by State GMA.
Economic Development Plan Y N N Y An element of the Comp Plan
Emergency Response Plan Y N N N ERP adopted in 2001 –
Resolution #624 EOP in place but
not formally adopted as of this
date, CEMP also in final adoption
phase expected adoption 9/2010
Shoreline Management Plan Y N N Y Definitions found in Chapter
20.92.010, Follows WA State
Shoreline Mgmt Act of 71 and
County Mgmt Master Program of
74
Post Disaster Recovery Plan N N N N ERP adopted in 2001 –
Resolution #624 EOP in place but
not formally adopted as of this
date, CEMP also in final adoption
phase expected adoption 9/2010
Other
Salmon Recovery Plan Y N N Y Arlington is part of the
Stillaguamish Watershed Salmon
Conservation planning effort
(WRIA 5) June 2004.
TABLE 3-4.
ADMINISTRATIVE AND TECHNICAL CAPABILITY
Staff/Personnel Resources Available? Department/Agency/Position
Planners or engineers with knowledge of land
development and land management practices
Y 1 Community Development Director
1 City Engineers
1 Public Works Director
1 Natural Resources manager
Engineers or professionals trained in building or
infrastructure construction practices
Y 1 Community Development Director
1 City Engineers
1 Public Works Director
1 Assistant City Administrator
1 Building Official
1 Code Enforcement
1 Deputy Fire Chief
Planners or engineers with an understanding of
natural hazards
Y 1 Community Development Director
1 City Engineers
1 Public Works Director
1 Assistant City Administrator
1 Building Official
1 Fire Chief, 1 Deputy Chief
1 Emergency Manager
1 Police Chief
Staff with training in benefit/cost analysis Y 1 Public Works Director
Floodplain manager Y 1 Community Development Director
1 Natural Resources Manager
1 City Engineer
1 Public Works Director
Surveyors N
Personnel skilled or trained in GIS applications Y 1 Public Works Director
3 GIS Analysts
Scientist familiar with natural hazards in local area Y 1 Natural Resources Manager
Emergency manager Y 1 Emergency Management Coordinator
Grant writers Y 1 Community Development Director
1 City Engineers
1 Public Works Director
1 Assistant City Administrator
1 Building Official
1 Fire Chief, 1 Deputy Chief
1 Emergency Manager
1 Natural Resources Manager
TABLE 3-5.
FISCAL CAPABILITY
Financial Resources Accessible or Eligible to Use?
Community Development Block Grants Yes – limited
Capital Improvements Project Funding Yes – limited
Authority to Levy Taxes for Specific Purposes Yes - limited
User Fees for Water, Sewer, Gas or Electric Service Yes – W & S
Incur Debt through General Obligation Bonds Yes
Incur Debt through Special Tax Bonds Yes – limited
Incur Debt through Private Activity Bonds Yes – not likely
Withhold Public Expenditures in Hazard-Prone Areas No
State Sponsored Grant Programs Yes
Development Impact Fees for Homebuyers or Developers Y
TABLE 3-6.
COMMUNITY CLASSIFICATIONS
Participating? Classification Date Classified
Community Rating System No N/A N/A
Building Code Effectiveness Grading Schedule Yes 3/3 5/2010
Public Protection Yes 5 5/2010
Storm Ready No N/A N/A
Firewise No N/A N/A
Tsunami Ready No N/A N/A
TABLE 3-7.
HAZARD MITIGATION ACTION PLAN MATRIX
Applies to
new or
existing
assets
Hazards
Mitigated
Objectives
Met
Lead
Agency
Estimated
Cost
Sources of
Funding Timeline
Included
in
Previous
Plan?
A-1—Seismic Retrofit of Fire Station 46 Apparatus Bay
Existing Earthquake 1,2,5 City $650,000 CIP Funding,
FEMA Hazard
Mitigation
Grants, CDBG
Long term Yes
A-2—Acquisition and relocation of Arlington food bank outside of flood zone
Existing Flood 2,3,5,14 City $1.2 M CIP Funding,
FEMA Hazard
Mitigation
Grants, CDBG
Short term No
A-3—Create interactive web site with mapping capabilities to assist residents when flooding and road
conditions are treacherous, information site during disasters for Arlington residents
New All Hazards 2,4,8,10 City
(IT/PW/GIS
)
$15,000 GIS grants,
Public Warning
grants, State
Grants
Short term No
A-4—Replace Glen Eagle Reservoir Roof, which is the City’s main potable water reservoir
New &
Existing
Earthquake 1,2,5,14 City $526,561 CIP Funding,
FEMA Hazard
Mitigation
Grants, CDBG
Short term No
A-5—Develop and implement planning and land use development use and regulations, specifically for newly
annexed Island Crossing area
New All Hazards 3,4,7,9,11,
12,13
Natural
Resources
$120,000 General Fund,
State Grant
Short term No
A-6—Mitigate risk to lift Station 11 which is in the flood zone by either relocating or placing armored barriers
New Flood 2,6,11,14 City Medium State Grant,
Utility Grant,
FEMA Hazard
Mitigation
Grants
Long term No
A-7—Purchase Stand alone generator for Arlington Municipal Airport run way lights, improving the ability to
respond to a disaster with continuity of operations for Washington Department of Transportation Aviation,
Snohomish County Sheriff’s Helicopter Staging
New All Hazards 1,2,5,8 City $150,000 General Fund,
State Grant
Short term No
TABLE 3-7 (continued).
HAZARD MITIGATION ACTION PLAN MATRIX
Applies to
new or
existing
assets
Hazards
Mitigated
Objectives
Met
Lead
Agency
Estimated
Cost
Sources of
Funding Timeline
Included
in
Previous
Plan?
A-8—Enlarge and Modify Jensen Business Park culverts between 71st - 74th streets to 204th for better water
flow and reducing risk of flooding to a major commerce area
New Flood 2,4,6,11 City $520,000 State Grant,
FEMA Hazard
Mitigation
Grants
Long term Yes
A-9—Support County-wide initiatives identified in Chapter 21 of Volume 1
New and
Existing
All Hazards All City Low General Fund Short term,
ongoing
No
A-10—Continue to maintain compliance and good standing under the National Flood Insurance Program
(NFIP).
New and
existing
Flooding 1,2,9,10,11 City Low General Fund Short term,
ongoing
No
A-11—Consider participation in the Community Rating System (CRS)
New Flooding 3, 5, 6, 7,
9, 10, 11,
13, 14
City Low General Fund Short term,
ongoing
Yes
A-12—Where appropriate, support retrofitting, purchase, or relocation of structures located in hazard-prone
areas to protect structures from future damage, with repetitive loss and severe repetitive loss properties as
priority when applicable.
Existing All Hazards 6, 7, 11, 14 City High FEMA Hazard
Mitigation
Grant funding
with local
match provided
by property
owner
contribution
Long term
depends on
funding
No
TABLE 3-7 (continued).
HAZARD MITIGATION ACTION PLAN MATRIX
Applies to
new or
existing
assets
Hazards
Mitigated
Objectives
Met
Lead
Agency
Estimated
Cost
Sources of
Funding Timeline
Included
in
Previous
Plan?
A-13—Continue to support the implementation, monitoring, maintenance, and updating of this Plan, as
defined in Chapter 7 of Volume 1.
New and
Existing
All Hazards All City Low General Fund,
FEMA
Mitigation
Grant Funding
for 5-year
update
Short term,
ongoing
No
A-14—Integrate, where appropriate, risk assessment information from the Snohomish County Hazard
Mitigation Plan into other planning mechanisms available to the City such as; the Capital Improvements
Program, the Comprehensive planning process, and Shoreline Master planning.
New and
Existing
All Hazards All City Low General Fund Short term,
ongoing
No
A-15—Enhance gauges on the Stillaguamish River to improve flood hazard warning system.
New and
Existing
Flooding,
Severe Weather
1, 2, 5, 8 City,
County
Medium General Fund,
Possible
USGS
assistance
Long term No
TABLE 3-8.
MITIGATION STRATEGY PRIORITY SCHEDULE
Initiative
#
#of
Objectives
Met Benefits Costs
Do Benefits
Equal or
Exceed Costs?
Is Project
Grant-
Eligible?
Can Project Be Funded
Under Existing
Programs/ Budgets? Prioritya
A-1 3 High High Yes Yes No High
A-2 4 Medium High No Yes No Medium
A-3 4 High Low Yes Yes No High
A-4 4 Medium Medium Yes Yes No High
A-5 7 Medium Medium Yes Yes No High
A-6 4 Medium High No Yes No Medium
A-7 4 High Medium Yes Yes No High
A-8 4 Medium Medium Yes Yes No Medium
A-9 14 Medium Low Yes No Yes High
A-10 5 Medium Low Yes No Yes High
A-11 9 Medium Low Yes No Yes High
A-12 4 High High Yes Yes No Medium
A-13 14 Medium Low Yes Yes Yes High
A-14 14 High Low Yes No Yes High
A-15 4 Medium Medium Yes No No Medium
a. Explanation of priorities
• High Priority: Project meets multiple plan objectives, benefits exceed cost, funding is secured under existing programs, or
is grant eligible, and project can be completed in 1 to 5 years (i.e., short term project) once funded.
• Medium Priority: Project meets at least 1 plan objective, benefits exceed costs, requires special funding authorization
under existing programs, grant eligibility is questionable, and project can be completed in 1 to 5 years once funded.
• Low Priority: Project will mitigate the risk of a hazard, benefits exceed costs, funding has not been secured, project is not
grant eligible, and time line for completion is long term (5 to 10 years).
TABLE 3-9.
ANALYSIS OF MITIGATION INITIATIVES
Initiative Addressing Hazard, by Mitigation Type
Hazard Type 1. Prevention
2. Property
Protection
3. Public
Education and
Awareness
4. Natural
Resource
Protection
5. Emergency
Services
6. Structural
Projects
Avalanche A-5, A-9,
A-13, A-14
A-9, A-12 A-3, A-9, A-13 A-9 A-7, A-9 A-9
Dam Failure
Earthquake A-5, A-9,
A-13, A-14
A-1, A-4, A-9,
A-12
A-3, A-9, A-13 A-9 A-7, A-9 A-9
Flood A-5, A-9,
A-10, A-11,
A-13, A-14
A-2, A-6, A-9,
A-10, A-11,
A-12
A-3, A-9, A-10,
A-11, A-13,
A-15
A-2, A-9,
A-10, A-11
A-7, A-9, A-10,
A-11, A-15
A-6, A-8,
A-9, A-10,
A-11
Landslide A-5, A-9,
A-13, A-14
A-9, A-12 A-3, A-9, A-13 A-9 A-7, A-9 A-9
Severe
Weather
A-5, A-9,
A-13, A-14
A-9, A-12 A-3, A-9, A-13 A-9 A-7, A-9 A-9
Tsunami A-5, A-9,
A-13, A-14
A-9, A-12 A-3, A-9, A-13 A-9 A-7, A-9 A-9
Volcano/Lahar A-5, A-9,
A-13, A-14
A-9, A-12 A-3, A-9, A-13 A-9 A-7, A-9 A-9
Wildfire A-5, A-9,
A-13, A-14
A-9, A-12 A-3, A-9, A-13 A-9 A-7, A-9 A-9
Notes:
1. Prevention: Government, administrative or regulatory actions that influence the way land and buildings are developed to reduce
hazard losses. Includes planning and zoning, floodplain laws, capital improvement programs, open space preservation, and
stormwater management regulations.
2. Property Protection: Modification of buildings or structures to protect them from a hazard or removal of structures from a
hazard area. Includes acquisition, elevation, relocation, structural retrofit, storm shutters, and shatter-resistant glass.
3. Public Education and Awareness: Actions to inform citizens and elected officials about hazards and ways to mitigate them.
Includes outreach projects, real estate disclosure, hazard information centers, and school-age and adult education.
4. Natural Resource Protection: Actions that minimize hazard loss and preserve or restore the functions of natural systems.
Includes sediment and erosion control, stream corridor restoration, watershed management, forest and vegetation management,
and wetland restoration and preservation.
5. Emergency Services: Actions that protect people and property during and immediately after a hazard event. Includes warning
systems, emergency response services, and the protection of essential facilities.
6. Structural Projects: Actions that involve the construction of structures to reduce the impact of a hazard. Includes dams, setback
levees, floodwalls, retaining walls, and safe rooms.
TABLE 3-10.
PREVIOUS ACTION PLAN IMPLEMENTATION STATUS
Action Status
Action
# Completed
Carry Over
to Plan
Update
Removed;
No Longer
Feasible Comments
1 X No action completed on this initiative during initial
performance period. Act has been carried over to updated
action plan (A-1)
2 X Stormwater plan currently under review for adoption.
3 X No action completed on this initiative during initial
performance period. Act has been carried over to updated
action plan (A-8). Awaiting funding
4 X Action removed as city will only be working on City of
Arlington HIVA.
5 X Action completed. City has purchased two portable generators
for fire stations and one for communications system. Fitted new
council chambers/police dept with large generator upon
construction.
6 X Action not feasible without homeowner interest in retrofits.
7 X Action not feasible at this time.
8 X No action completed on this initiative during initial
performance period. Act has been carried over to updated
action plan (A-11). The Emergency Management Coordinator
will work with City Engineer, Public Works and Community
Development to coordinate this project.
Previous Hazard Mitigation Initiatives:
City of
Arlington Point of Contact Chris Badger
Email: cbadger@arlingtonwa.gov
A-1 Conduct a seismic study of the City of
Arlington fire stations and retrofit or relocate
facilities if necessary
Short
term
High The study is complete, specific retrofit actions will be ongoing.
Funding source now needed to complete actions recommended in
the study for currently facilities to meet seismic standards.
A-2 Adopt and continue to implement the Utility
Comprehensive Plan
Short
Term
High Sewer and Water plans operational, stormwater plan still in
development
A-3 Increase the capacity of culverts at Jensen
Business Park.
Short
Term
High Wetland was created to reduce flooding risk, culverts will still
need to be replaced. Looking for funding source to replace the
culverts.
A-4 Enhance and update Snohomish County Hazard
Inventory and Vulnerability Analysis (HIVA)
as it pertains to Arlington
Short
Term
Medium Will work with Sno. Co. DEM, Surface Water and ACE to gather
information in regards to changes in the River system as well as
other hazards and insert them into the Co. HIVA during the next
scheduled update.
A-5 Ensure redundancy in communication and data
for all critical facilities by upgrading generators
Short
Term
Medium Station 47 received a permanent generator via an AFG grant.
Applied for generator for Station 46 via AFG grant 07. Have a
portable generator to run the phone system at the PW facility if
needed or it can be taken where the need is the greatest (fueling
stations etc.). Police and Council Chambers have a generator that
can run up to 5 days to maintain Continuity of Gvmt.
A-6 Encourage landowners to Seismic retrofit older
homes in the Arlington Old Town Area.
Long
Term
Medium This is a private landowner issue, but City building department
will encourage retrofit if a hazardous situation is recognized
A-7 Work to repair, enhance and maintain the
Johnson Levy.
Short
term
High Corps of Engineers has visited site and verbally approved repair
action, awaiting a Hazard Mitigation grant opportunity to
complete the work.
A-8 Join Community Rating System Long
Term
Low Currently assessing CRS points with Engineering and PW to see
our present standing within the CRS system. We will then
address the feasibility of making any changes necessary to get the
City within the parameters needed to be able to join the CRS.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT H
COUNCIL MEETING DATE:
August 23, 2010
SUBJECT:
Proposed Minor Zoning and Land Use Map
Amendments
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd Hall
ATTACHMENTS:
1. City Council Workshop Memo
2. Proposed UGA Zoning Working Draft Map
3. Proposed UGA Land Use Working Draft Map
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
N/A
DESCRIPTION: Attached are working drafts of the zoning and land use maps, which are being
revised to adopt administrative changes. Specifically, the proposed maps are to redesignate and
“fill-in” gaps between current zoning districts and land use designations and the current Urban
Growth Boundary, as well as update the signature blocks to include the current Assistant City
Administrator/City Clerk, Kristin Banfield. Further details regarding these changes are
described in the attached memorandum, as well as on the Proposed UGA Zoning and Land Use
documents (attached).
HISTORY: This is a City-initiated proposal to amend the City’s zoning and land use maps. The
workshop will be used to review the proposed changes.
COMMITTEE REVIEW AND ACTION: N/A
ALTERNATIVES: No action.
RECOMMENDED MOTION:
None proposed at this time. After the workshop, the proposed amendments will be scheduled
for public hearings before the Planning Commission and the City Council prior to action.
City Council Workshop Memo
Date: August 23, 2010
To: City Council
From: David Kuhl, Community Development Director
Todd Hall, Associate Planner
Re: Proposed Amendments to the Official Zoning and Land Use Maps
Attached are working drafts of the zoning and land use maps, which are being revised to adopt
administrative changes. Specifically, the proposed changes to the maps will redesignate and
“fill-in” gaps between current zoning districts and land use designations and the current Urban
Growth Boundary, as well as update the signature blocks to include the current Assistant City
Administrator/City Clerk, Kristin Banfield. Further details regarding these changes are
described below, as well as on the Proposed UGA Zoning and Land Use documents (attached).
On September 9th, 2010, the Planning Commission will hold a public hearing on the revised
zoning and land use maps, and then make a recommendation to the City Council for adoption at
their next scheduled meeting on September 20, 2010.
____________________________________________________________________________
Amendment #1: Redesignate Low to Moderate Density Residential (RLMD) to Public/Semi-
Public (P/SP).
Staff Comment
This amendment revises the maps to show the redesignation of the lowlands of
the old Graafstra/Country Charm Dairy property, which the City acquired in March
2010. This will allow the property to be developed for future park/open space and
uses that are compatible for recreation, educational or governmental purposes.
Community Development
Planning Division
August 23, 2010 City Council Workshop
Amendment #2: “Fill-in” undesignated UGA north of City limit between SR 530 and Alcazar
Avenue. Designate as Old Town Business District 3 (OTBD-3).
Staff Comment
Revision extends the OTBD-3 district into the currently undesignated UGA.
Amendment #3: “Fill-in” undesignated UGA north of City limit between ordinary high water mark
(OHWM) of S. Fork Stillaguamish River, SR 530 and Centennial Trail. Designate as
Public/Semi-Public (P/SP).
Staff Comment
Revision designates the lowland properties along the river front to be preserved
as open space.
Amendment #4: “Fill-in” undesignated UGA between City limit and west right-of-way of SR 9,
between W. Division Street and midpoint of SR 9/Stillaguamish River bridge span. Designate
as Public/Semi-Public (P/SP).
Staff Comment
Revision designates the SR 9 right-of-way to P/SP as described above. Limited
future uses would be proposed since the majority of the property is located within
State right-of-way.
Amendment #5: “Fill-in” undesignated UGA between City limit and west side of North Street,
between W. 5th Street alignment (if extended) and W. 3rd Street alignment (if extended).
Designate as Old Town Business District-2 (OTBD-2).
Staff Comment
Revision extends OTBD-2 district into this currently undesignated UGA. Limited
future uses would be proposed since the majority of the property is located within
State and/or County right-of-way.
Amendment #6: “Fill-in” undesignated UGA between City limit and west side of SR 9, between
W. 2nd Street alignment (if extended) and Maple Street alignment (if extended). Designates Old
Town Business District-2 (OTBD-2).
Staff Comment
Revision extends OTBD-2 district into this currently undesignated UGA. Limited
future uses would be proposed since the majority of the property is located within
State right-of-way.
August 23, 2010 City Council Workshop
Amendment #7: “Fill-in” undesignated UGA between City limit and west right-of-way of
Interstate 5. Designate as Highway Commercial (HC).
Staff Comment
Revision extends HC zone adjacent to the interstate. Limited future uses would be
proposed since the majority of the property is located within Interstate 5 right-of-
way.
Amendment #8: “Fill-in” undersigned UGA between City limit and east side of SR 9 right-of-
way, between 176th Place and 179th Place, adjacent to Gleneagle development. Designate as
Low to Moderate Density Residential (RLMD).
Staff Comment
Revision extends RLMD district into this currently undesignated UGA. No future
uses would be proposed since the property is located within SR 9 right-of-way.
Amendment #9: Revise City Clerk signature blocks to include current city clerk.
Staff Comment
Signature blocks revised as Kristin Banfield, Assistant City Administrator/City
Clerk.
UV9
!"`$
?Ó
?Ô
51ST AVE NE
E BURKE AVE
N OLYMPIC AVE
211TH PL NE E HIGHLAND DR
47TH AVE NE
186TH ST NE
204TH ST NE
67TH
AVE
NE
188TH ST NE
SR
530
TVEIT RD
SR 531
CEMETERY RD
SR 531
MCELROY RD
59TH AVE NE
SR 530
N WEST AVE
SMOKEY POINT BLVD
SMOKEY POINT BLVD
BURN RD
SR 9
SR 9
North Fork
Stillaguamish River
Stillaguamish River
North Fork Stillaguamish River
City of Arlington
Cartographer:
File Name:
UGAZoningAmend_24x36_10.mxd
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracyor correctness of the data, or the use of the data presented in the maps.
Proposed UGA Zoning Amendments
Date:
Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset.
Parcels downloaded from Snohomish County Assessor's FTPsite 2010.
Legend
W DIVISION ST
S
OLYMPIC
AVE
E DIVISION STE DIVISION ST
S
WEST
AVE
W BURKE AVE
SR 530
E DIVISION ST
E DIVISION ST
E BURKE AVESR 530
N
WEST
AVE
N
OLYMPIC
AVE
SR
9
GC
P/SP
P/SP
OTRD
OTBD - 1
P/SP
RHD
OTBD - 2
OTBD - 3
P/SP
P/SP
OTBD - 2
OTBD- 2
!"`$
RHD
NC
RMD
HC
RMD
188TH ST NE
SMOKEY POINT BLVD
P/SP
HC
Currently zoned RLMD but in the process of changing to P/SP
E DIVISION STE DIVISION ST
W BURKE AVE E BURKE AVE
E DIVISION ST
SR 530
P/SPOTRD
P/SP
P/SP
RHD
OTBD - 2
OTBD - 3
RMD
RHD
RLMD
P/SP
P/SP
P/SP
OTBD - 3
OTBD- 2
172ND ST NESR 531
SR
9
GC
RLMD
RHD
GC
SR
RLMD
Current City and UGA Zoning
7. Add H ighway Commerc ial zoning to UGA
4. Add Public/Se mi-Public zoning to UGA5 & 6. A dd Old Town B usiness District - 2 zoning to UG A
1. Pr oposed U GA cha nge from Low to M oderate Density Residential to Public /Semi Public zoning2. Add Old Town B usiness D istric t - 3 zoning to UGA, and 3. Add Public/Semi-Public zoning to UGA
SR = Surburban Residential
RLMD = Low to Moderate Density Residential
RMD = Moderate Density Residential
RHD = High Density Residential
OTRD = Old Town Resid entia l District
NC = Neighborhood Commercial
!!!!!
!!!!!
!!!!!OTBD - 1 = Old Town Business District 1
OTBD - 2 = Old Town Business District 2
D D D D D
D D D D D
D D D D D
D D D D D OTBD - 3 = Old Town Business District 3
GC = General Comm ercial
HC = Highway Commercial
BP = Business Park
LI = Light Industrial
GI = General Industrial
P/SP = Public/Semi-Public
MS = Medical Services
AF = Aviation Flightline
8. Add Low to Moderate Density R esidential zoning to UGA
Boundaries & Transportation
Arlington_polygon
State Highway
State Route
Arterial
Collector
Arlington UGA
kdk
08/04/2010
1 Change RLMD zoni ng to P/SP zoni ng
2 A dd OTBD - 3 zoni ng
3 A dd P /SP zoni ng
4 A dd P /SP zoni ng
5 A dd OTBD - 2 zoni ng
6 A dd OTBD - 2 zoni ng
7 A dd HC zoni ng8Add RLMD zoni ng
P r o p o sed UGA Z o n in g A men d men t s
UV9
!"`$
?Ó
?Ô
51ST AVE NE
E BURKE AVE
N OLYMPIC AVE
211TH PL NE E HIGHLAND DR
47TH AVE NE
186TH ST NE
204TH ST NE
67TH
AVE
NE
188TH ST NE
SR
530
TVEIT RD
SR 531
CEMETERY RD
SR 531
MCELROY RD
59TH AVE NE
SR 530
N WEST AVE
SMOKEY POINT BLVD
SMOKEY POINT BLVD
BURN RD
SR 9
SR 9
North Fork
Stillaguamish River
Stillaguamish River
North Fork Stillaguamish River
City of Arlington
Cartographer:
File Name:
UGALandUseAmend_24x36_10.mxd
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracyor correctness of the data, or the use of the data presented in the maps.
Proposed UGA Land UseAmendments
Date:
Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset.
Parcels downloaded from Snohomish County Assessor's FTPsite 2010.
Legend
W DIVISION ST
S
OLYMPIC
AVE
E DIVISION STE DIVISION ST
S
WEST
AVE
W BURKE AVE
SR 530
E DIVISION ST
E DIVISION ST
E BURKE AVESR 530
N
WEST
AVE
N
OLYMPIC
AVE
SR
9
GC
P/SP
P/SP
P/SP
RHD
OTRD
OTBD - 1
OTBD - 2
OTBD - 3
P/SP
P/SP
OTBD - 2
OTBD- 2
!"`$
188TH ST NE
SMOKEY POINT BLVD
RMD
RHD
NC
HC
RMD
P/SP
HC
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D D
E DIVISION STE DIVISION ST
W BURKE AVE E BURKE AVE
E DIVISION ST
SR 530
P/SP
P/SP
P/SP
RHD
OTRDOTBD - 2
OTBD - 3
RMD
RHD
NC
RLMD
P/SP
P/SP
OTBD - 3
OTBD- 2
P/SP
172ND ST NESR 531
SR
9
GC
RLMD
GC RHD
SR SR
RLMD
Current City and UGA Land Use
7. Add H ighway Commerc ial land use to UGA
4. Add Public/Se mi-Public land use to UGA5 & 6. A dd Old Town B usiness District - 2 land use to UGA
1. Pr oposed U GA cha nge from Low to M oderate Density Residential to Public /Semi Public land use2. Add Old Town B usiness D istric t - 3 land use to UGA, a nd 3. Add Public/Semi-Public land use to U GA
SR = Surburban Residential
RLMD = Low to Moderate Density Residential
RMD = Moderate Density Residential
RHD = High Density Residential
OTRD = Old Town Resid entia l District
NC = Neighborhood Commercial
!!!!!
!!!!!
!!!!!OTBD - 1 = Old Town Business District 1
OTBD - 2 = Old Town Business District 2
D D D D D
D D D D D
D D D D D
D D D D D OTBD - 3 = Old Town Business District 3
GC = General Comm ercial
HC = Highway Commercial
BP = Business Park
LI = Light Industrial
GI = General Industrial
P/SP = Public/Semi-Public
MS = Medical Services
AF = Aviation Flightline
8. Add Low to Moderate Density R esidential land use to UGA
Boundaries & Transportation
Arlington_polygon
State Highway
State Route
Arterial
Collector
Arlington UGA
kdk
08/06/2010
1 Change RLMD to P/SP l and use2Add OTBD - 3 l and use3Add P/SP l and use4Add P/SP l and use 5 A dd OTBD - 2 l and use 6 A dd OTBD - 2 l and use 7 A dd HC l and use8Add RLMD l and use
P r o p o sed UGA Lan d Use A men d men t s
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT I
COUNCIL MEETING DATE:
August 23, 2010
SUBJECT:
Revision to the City Council Rules of
Procedure for the terms of Mayor Pro Tem
and Alternate Mayor Pro Tem and
participation in Council meetings by phone
DEPARTMENT OF ORIGIN:
Executive / Legal
ATTACHMENTS:
Council Rules of Procedure, revised March 2009 with strikeouts
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney wrote the proposed language
DESCRIPTION:
The Council reviewed this item at the August 9, 2010 workshop and requested it be placed on
the August 23, 2010 workshop for further discussion.
The City Council requested that new language be included in the Council Rules of Procedure to
outline the terms and selection process of the Mayor Pro Tem and Alternate Mayor Pro Tem.
City Council is also requested to consider language regarding the participation of Council
members in Council meetings by phone.
In accordance with the Council requests, the City Attorney has revised the Council Rules of
Procedure.
HISTORY:
The City Council initially adopted rules of procedure in 2002. The Council has periodically
updated these procedures. The Rules of Procedure were last updated in March 2009.
ALTERNATIVES:
RECOMMENDED ACTION:
No action at this time.
March 9, 2009August 4, 2010
Page 1
City Council Rules of Procedure
I General Rules
1.1 Meetings to be Public: All official meetings of the Arlington City Council shall be
open to the public with the exception of executive sessions for certain limited topics (as
defined in RCW Chapter 42.30). The journal of proceedings (minute book) shall be open
to public inspection.
1.2 Quorum: Four Councilmembers shall be in attendance to constitute a quorum and be
necessary for the transaction of business. If a quorum is not present, those in attendance
will be named and they shall adjourn to a later time, but no adjournment shall be for a
longer period than until the next regular meeting. Attendance by speakerphone shall be
permitted at the discretion of the Mayor and with the consent of the Councilmembers in
attendance; provided, however, that attendance by speakerphone shall not be authorized
for public hearings or quasi-judicial hearings.
1.3 Attendance, Excused Absences: RCW 35A. 12.060 provides that a Councilmember
shall forfeit his/her office by failing to attend three (3) consecutive regular meetings of
the Council without being excused by the Council. Members of the Council may be so
excused by complying with this section. The member shall contact the Chair prior to the
meeting and state the reason for his/her inability to attend the meeting. If the member is
unable to contact the Chair, the member shall contact the City Clerk or Deputy City
Clerk, who shall convey the message to the Chair. The Chair shall inform the Council of
the member's absence, state the reason for such absence and inquire if there is a motion to
excuse the member. Upon passage of such motion by a majority of members present, the
absent member shall be considered excused and the Recorder will make an appropriate
notation in the minutes. If the motion is not passed, the Recorder will note in the minutes
that the absence is unexcused.
1.4 Journal of Proceedings: A journal of all proceedings of the Council shall be kept by
the City Clerk and shall be entered in a book constituting the official record of the
Council.
1.5 Right of Floor: Any member desiring to speak shall be recognized by the Chair and
shall confine his/her remarks to one subject under consideration or to be considered.
1.6 Rules of Order. Roberts Rules of Order Newly Revised shall be the guideline
procedures for the proceedings of the Council. If there is a conflict, these rules shall
apply.
2. Types of Meetings
2.1 Regular Council Meetings: The Council shall meet on the first and third Monday of
each month at 7 p.m. When a Council meeting falls on a holiday, the Council shall meet
Formatted: Font: Bold
March 9, 2009August 4, 2010
Page 2
on Tuesday following the Monday holiday. The Council may reschedule regular meetings
to a different date or time by motion. The location of the meetings shall be the Council
Chambers at city hall110 E. Third Street, unless specified otherwise by a majority vote of
the Council. All regular and special meetings shall be public.
2.2 Special Meetings: Special meetings may be called by the Mayor or any four (4)
members of the Council. The City Clerk shall prepare a notice of the special meeting
stating the time, place and business to be transacted. The City Clerk shall attempt to
notify each member of the Council, either by telephone or otherwise, of the special
meeting. The City Clerk shall give at least 24 hours' notice of the special meeting to each
local newspaper of general circulation and to each local radio and/or television station,
which has filed with the Clerk a written request to be notified of special meetings. No
subjects other than those specified in the notice shall be considered. The Council may not
make final disposition on any matter not mentioned in the notice.
Special meetings may be called in less than 24 hours, and without the notice required in
this section, to deal with emergencies involving injury or damage to persons or property
or the likelihood of such injury or damage if the notice requirements would be
impractical or increase the likelihood of such injury or damage.
2.3 Continued and Adjourned Sessions: Any session of the Council may be continued
or adjourned from day to day, or for more than one day, but no adjournment shall be for a
longer period than until the next regular meeting.
2.4 Study Sessions and Workshops: The Council may meet informally in study sessions
and workshops, at the call of the Mayor or of any three or more members of the Council,
to review forthcoming programs of the city, receive progress reports on current programs
or projects, receive other similar information from city department heads or conduct
procedures workshops, provided that all discussions and conclusions thereon shall be
informal and do not constitute official actions of the Council. Study sessions and
workshops held by the Council are "special meetings" of the Council, and the notice
required by RCW 42.30.080 must be provided.
2.5 Executive Sessions: Executive sessions or closed meetings may be held in
accordance with the provisions of the Washington State Open Public Meetings Act
(Chapter 42.30 RCW). Among the topics that may be discussed in executive session or
closed meetings are: (1) personnel matters; (2) consideration of acquisition of property
for public purposes or sale of city-owned property; and (3) potential or pending litigation
in which the city has an interest, as provided in the Revised Code of Washington. The
Council may hold an executive session during a regular or special meeting.
Before convening in executive session the Chair shall publicly announce the purpose for
excluding the public from the meeting place and the time when the executive session will
be concluded. If the Council wishes to adjourn at the close of a meeting from executive
session, that fact will be announced along with the estimated time for the executive
March 9, 2009August 4, 2010
Page 3
session. The announced time limit for executive sessions may be extended to a stated
later time by the announcement of the Chair.
2.6 Attendance of Media at Council Meetings: All official meetings of the Council and
its committees shall be open to the media, freely subject to recording by radio, television
and photographic services at any time, provided that such arrangements do not interfere
with the orderly conduct of the meetings.
3. Chair and Duties
3.1 Chair: The Mayor, if present, shall preside as Chair at all meetings of the Council. In
the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the
Mayor and Mayor Pro Tem, the Council shall elect a Chair.
3.2 Call to Order: The meetings of the Council shall be called to order by the Mayor or,
in his absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro
Tem, the meeting shall be called to order by the City Clerk or Clerk's designee for the
election of a temporary Chair.
3.3 Preservation of Order: The Chair shall preserve order and decorum; prevent attacks
on personalities or the impugning of members' motives and confine members in debate to
the question under discussion.
3.4 Points of Order: The Chair shall determine all points of order, subject to the right of
any member to appeal to the Council. If any appeal is taken, the question shall be "Shall
the decision of the Chair be sustained?"
3.5 Questions to be Stated: The Chair shall state all questions submitted for a vote and
announce the result. A roll call vote shall be taken upon all questions.
3.6 Mayor - Powers: The Mayor may not make or second motions, but may participate
in debate to the extent that such debate does not interfere with chairing the meeting. If
the mayor wishes to participate vigorously in the debate of an issue, the Mayor shall turn
over chairing of that portion of the meeting to the Mayor Pro Tem, or to another
Councilmember if the Mayor Pro Tem is absent. The Mayor's voting rights and veto
power are as specified in RCW 35A. 12. 100.
4. Order of Business and Agenda
4.1 Order of Business: The order of business for all regular meetings shall be transacted
as follows unless the Council, by a majority vote of the members present suspends the
rules and changes the order:
(1) Call to Order
(2) Pledge of Allegiance
March 9, 2009August 4, 2010
Page 4
(3) Visitors
(4) Presentations/Proclamations/Communications
(5) Consent Agenda
(6) Action Items
(7) Council Committee Reports
(8) Information
(9) Executive Session
(10) Reconvene
(11) Adjourn
The Consent Agenda may contain items which are of a routine and non-controversial
nature which may include, but are not limited to, the following: meeting minutes, payroll,
claims, budget amendments, park use requests and any item previously approved by
Council with a unanimous vote and which is being submitted to Council for final
approval. Any item on the Consent Agenda may be removed and considered separately as
an agenda item at the request of any Councilmember or any person attending a Council
meeting.
4.2 Council Agenda: The mayor shall prepare the agenda for Council meetings.
Subject to the Council's right to amend the agenda, no legislative item shall be voted
upon which is not on the Council agenda, except in emergency situations (defined as
situations which would jeopardize the public's health, safety or welfare).
4.3 Mayor and Councilmember Comments and Concerns: The agenda shall provide a
time when the Mayor ("Mayor's Reports") or any Councilmember ("Comments From
Councilmembers") may bring before the Council any business that he/she feels should be
deliberated upon by the Council. These matters need not be specifically listed on the
agenda, but formal action on such matters may be deferred until a subsequent Council
meeting, except that immediate action may be taken upon a vote of a majority of all
members of the Council. There shall be no lectures, speeches or grandstanding.
5. Consensus and Motions
5.1 Motions: No motion shall be entertained or debated until duly seconded and
announced by the Chair. The motion shall be recorded and, if desired by any
Councilmember, it shall be read by the Recorder before it is debated and, by the consent
of the Council, may be withdrawn at any time before action is taken on the motion.
5.2 Votes on Motions: Votes shall be taken by voice vote; provided, that any member of
the Council may request a roll call vote on any matter. Each member present shall vote
on all questions put to the Council except on matters in which he or she has been
disqualified for a conflict of interest or under the appearance of fairness doctrine. Such
member shall disqualify himself or herself prior to any discussion of the matter and shall
March 9, 2009August 4, 2010
Page 5
leave the Council Chambers. When disqualification of a member or members results or
would result in the inability of the Council at a subsequent meeting to act on a matter on
which it is required by law to take action, any member who was absent or who had been
disqualified under the appearance of fairness doctrine may subsequently participate,
provided such member first shall have reviewed all materials and listened to all tapes of
the proceedings in which the member did not participate.
5.3 Failure to Vote on a Motion: Any Councilmember present who fails to vote without
a valid disqualification shall be declared to have voted in the affirmative on the question.
5.4 Motions to Reconsider: A motion to reconsider must be made by a person who voted
with the majority on the principal question and must be made at the same or succeeding
regular meeting. No motion to reconsider an adopted quasi-judicial written -decision shall
be entertained after the close of the meeting at which the written findings were adopted.
6. Public Hearing Procedures
6.1 Speaker Sign-In: Prior to the start of a public hearing the Chair may require that all
persons wishing to be heard sign in with the Recorder, giving their name and whether
they wish to speak as a proponent, opponent or from a neutral position. Any person who
fails to sign in shall not be permitted to speak until all those who signed in have given
their testimony.
The Chair, subject to the concurrence of a majority of the Council, may establish time
limits and otherwise control presentations. (Suggested time limit is three minutes per
speaker or five minutes when presenting the official position of an organization or
group.) The Chair may change the order of speakers so that testimony is heard in the
most logical groupings (i.e. proponents, opponents, adjacent owners, etc.).
6.2 Conflict of Interest/Appearance of Fairness: Prior to the start of a public hearing
the Chair will ask if any Councilmember has a conflict of interest or Appearance of
Fairness Doctrine concern which could prohibit the Councilmember from participating in
the public hearing process. A Councilmember who refuses to step down after challenge
and the advice of the City Attorney, a ruling by the Mayor or Chair and/or a request by
the majority of the remaining members of the Council to step down is subject to censure.
The Councilmember who has stepped down shall not participate in the Council decision
nor vote on the matter. The Councilmember shall leave the Council Chambers while the
matter is under consideration, provided, however, that nothing herein shall be interpreted
to prohibit a Councilmember from stepping down in order to participate in a hearing in
which the Councilmember has a direct financial or other personal interest
6.3 The Public Hearing Process: The Chair introduces the agenda item, opens the public
hearing and announces the following Rules of Order:
March 9, 2009August 4, 2010
Page 6
(1) All comments by proponents, opponents or other members of the public shall be made
from the podium; any individuals making comments shall first give their name and
address. This is required because an official recorded transcript of the public hearing is
being made.
(2) No comments shall be made from any other location. Anyone making "Out of
Order" comments shall be subject to removal from the meeting. If you are disabled and
require accommodation, please advise the Recorder.
(3) There will be no demonstrations during or at the conclusion of anyone's presentation.
(4) These rules are intended to promote an orderly system of holding a public hearing, to
give every person an opportunity to be heard, and to ensure that no individual is
embarrassed by exercising his/her right of free speech.
· The Chair calls upon city staff to describe the matter under consideration.
· The Chair calls upon proponents, opponents and all other individuals who wish to
speak regarding the matter under consideration.
· The Chair inquires as to whether any Councilmember has questions to ask the
proponents, opponents, speakers or staff. If any Councilmember has questions, the
appropriate individual will be recalled to the podium.
· The Chair continues the public hearing to a time specific or closes the public
hearing.
7. Duties and Privileges of Citizens
7.1 Meeting Participation: Citizens are welcome at all Council meetings and are
encouraged to attend and participate prior to the deliberations of the Council. Recognition
of a speaker by the Chair is a prerequisite and necessary for an orderly and effective
meeting, be the speaker a citizen, Councilmember or staff member. Further, it will be
expected that all speakers will deliver their comments in a courteous and efficient manner
and will speak only to the specific subject under consideration. Anyone making out-of-
order comments or acting in an unruly manner shall be subject to removal from the
meeting. Use of cellular telephones is prohibited in the Council Chambers.
7.2 Subjects Not on the Current Agenda: Under agenda item "Comments From
Citizens" citizens may address any item they wish to discuss with the Mayor and Council.
They shall first obtain recognition by the Chair, state their name, address and subject of
their comments. The Chair shall then allow the comments, subject to a three (3) minute
limitation per speaker, or other limitations as the Chair or Council may deem necessary.
Following such comments, if action is required or has been requested, the Chair may
place the matter on the current agenda or a future agenda or refer the matter to staff or a
Council committee for action or investigation and report at a future meeting.
7.3 Subjects on the Current Agenda: Any member of the public who wishes to address
the Council on an item on the current agenda shall make such request to the Chair or
Presiding Officer. The Chair shall rule on the appropriateness of public comments as the
agenda item is reached. The Chair may change the order of speakers so that testimony is
heard in the most logical grouping (i.e. proponents, opponents, adjacent owners, etc.). All
March 9, 2009August 4, 2010
Page 7
comments shall be limited to three (3) minutes per speaker, or other limitations as the
Chair or Council may deem necessary.
7.4 Manner of Addressing the Council - Time Limit: Each person addressing the
Council shall step up to the podium, give his/her name and address in an audible tone of
voice for the record and, unless further time is granted by the Council, shall limit his/her
remarks to three (3) minutes. Agenda items "Comments From Citizens" and "Continued
Comments From Citizens" shall be limited to a total of 30 minutes each, unless additional
time or less time is agreed upon by the Council (dependent upon the length of the Council
agenda). All remarks shall be addressed to the Council as a body and not to any member
thereof.
No person, other than the Chair, members of the Council and the person having the floor,
shall be permitted to enter into any discussion, either directly or through the members of
the Council. No questions shall be asked of the Councilmembers, except through the
Chair. 'The Council will then determine the disposition of the issue (information -only,
place on present agenda, workshop, a future agenda, assign to staff, assign to Council
Committee or do not consider).
7.5 Personal and Slanderous Remarks: Any person making personal, impertinent or
slanderous remarks or who shall become boisterous while addressing the Council may be
requested to leave the meeting and may be barred from further audience before the
Council during that Council meeting by the Chair or Presiding Officer.
7.6 Written Communications: Interested parties, or their authorized representatives,
may address the Council by written communication in regard to any matter concerning
the city's business or over which the Council had control at any time. The written
communication may be submitted by direct mail or by addressing the communication to
the City Clerk who will distribute copies to the Councilmembers. The communication
will be entered into the record without the necessity for reading as long as sufficient
copies are distributed to members of the audience/public.
7.7 Comments in Violation of the Appearance Of Fairness Doctrine: The Chair may
rule out of order any comment made with respect to a quasi-judicial matter pending
before the Council or its Boards or Commissions. Such comments should be made only at
the hearing on a specific matter. If a hearing has been set, persons whose comments are
ruled out of order will be notified of the time and place when they can appear at the
public hearing on the matter and present their comments.
7.8 ”Out of Order” Comments: Any person whose comments have been ruled out of
order by the Chair shall immediately cease and refrain from further improper comments.
The refusal of an individual to desist from inappropriate, slanderous or otherwise
disruptive remarks after being ruled out of order by the Chair may subject the individual
to removal from the Council Chambers. These rules are intended to promote an orderly
system of holding a public meeting and to give every person an opportunity to be heard.
March 9, 2009August 4, 2010
Page 8
8. Filling Council Vacancies and Selecting Mayor Pro Tem
8.1 Notice of Vacancy: If a Council vacancy occurs, the Council will follow the
procedures outlined in MCW RCW 42.12-.070.
In order to fill the vacancy with the most qualified person available until an election is
held, the Council will widely distribute and publish a notice of the vacancy and the
procedure and deadline for applying for the position.
8.2 Application Procedure: The Council will draw up an application form which
contains relevant information that will answer set questions posed by Council. The
application form will be used in conjunction with an interview of each candidate to aid
the Council's selection of the new Councilmember.
8.3 Interview Process: All candidates who submit an application by the deadline will be
interviewed by the Council during a regular or special Council meeting open to the
public. The order of the interviews will be determined by drawing the names; in order to
make the interviews fair, applicants will be asked to remain outside the Council
Chambers while other applicants are being interviewed. Applicants will be asked to
answer questions submitted to them in advance of the interview and questions posed by
each Councilmember during the interview process. The Councilmembers will ask the
same questions of each candidate. Each candidate will then be allowed two (2) minutes
for closing comments. Since this is not a campaign, comments and responses about other
applicants will not be allowed.
8.4 Selection of Councilmember: The Council may recess into executive session to
discuss the qualifications of all candidates. Nominations, voting and selection of a person
to fill the vacancy will be conducted during an open public meeting.
8.5 Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro
Tem and Alternate Mayor Pro Tem will be selected by a majority vote of the
Councilmembers annually at the second meeting in January in even years or when there
is a vacancy in either office. In selecting the Mayor Pro Tem, the Council will be guided
by the following principles:
• To preserve continuity in the office, the Mayor Pro Tem shall generally
serve for a term of two (2) years.
• The Mayor Pro Tem should have served as a Council member for at least
two (2) years before appointment to the office of Mayor Pro Tem.
• In general, the appointment of Mayor Pro Tem will be to the eligible
Councilmember who has served the longest in office.
March 9, 2009August 4, 2010
Page 9
9. Creation of Committees, Boards and Commissions
9.1 Citizen Committees, Boards and Commissions: The Council may create
committees, boards and commissions to assist in the conduct of the operation of city
government with such duties as the Council may specify not inconsistent with the city
code.
9.2 Membership and Selection: Membership and selection of members shall be as
provided by the Council if not specified otherwise in the city code.
Any committee, board or commission so created shall cease to exist upon the
accomplishment of the special purpose for which it was created, or when abolished by a
majority vote of the Council. No committee so appointed shall have powers other than
advisory to the Council or to the Mayor except as otherwise specified in the city code.
10. Suspension and Amendment of These Rules
10.1 Suspension of these Rules: Any provision of these rules not governed by the city
code may be temporarily suspended by a vote of a majority of the Council.
10.2 Amendment of These Rules: These rules may be amended or new rules adopted by
a majority vote of all members of the Council, provided that the proposed amendments or
new rules shall have been introduced into the record at a prior Council meeting.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT J
COUNCIL MEETING DATE:
August 23, 2010
SUBJECT:
Change Gambling Tax reporting requirements
from Quarterly to Monthly
DEPARTMENT OF ORIGIN:
Finance – Contact Jim Chase 403-3422
ATTACHMENTS:
1. Proposed Ordinance
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Gambling Taxes
LEGAL REVIEW: City Attorney has reviewed the ordinance
DESCRIPTION:
Currently the AMC reads that Gambling Taxes are due and payable in quarterly installments
on or before the 20th day of the month following the end of the quarterly period in which the
tax accrued.
If the requirement was to pay monthly, (changing the due date to the the 25th of each month to
coincide with the Occupation Tax), the city could realize additional revenues in 2010 and
received a more consistent (monthly) cash flow in the future. The tax received in January each
year is from the months of October – December. Monthly reporting would provide October &
November taxes in 2010 instead of 2011.
The City could possibly realize an additional $10,000 in revenue during 2010.
The Gambling Commission requires each licensee to report activity by the end of each month.
Chapter 3.32.100 of the AMC provides the Finance Director the authority to grant an extension
for 30 days without interest or penalty. Penalties begin after 16 days delinquent. The revised
ordinance removes the extension provision and requires interest and penalties starting the day
after due date.
The revised ordinance also reduces the penalty to 5% per month with a minimum penalty of
$15 and provides interest of 12% per annum, or 1% per month.
HISTORY:
The current requirement is to receive the taxes on a quarterly basis.
COMMITTEE REVIEW AND ACTION:
City of Arlington
Council Agenda Bill
ALTERNATIVES:
1. Table for additional review
2. Do nothing and keep receiving funds as they are now being received.
RECOMMENDED ACTION: There is no action requested at this time.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON
MUNICIPAL CODE CHAPTER 3.16 RELATING TO GAMBLING TAXES
2010-xxx
WHEREAS, The City Council of the City of Arlington, Washington has determined certain
amendments to the regulations governing Gambling Taxes are warranted;
NOW THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain
as follows:
Section 1. Arlington Municipal Code Section Chapter 3.32.060 – Tax payments -
(a)
is hereby amended
to read as follows:
Quarterly payments of The tax imposed by this chapter shall be due and payable monthly in
quarterly installments, and remittance therefore shall be made on or before the twenty-fifth
twentieth day of the month next succeeding the end of the monthly quarterly period in which the
tax accrued. The remittance shall be made by bond draft, certified check, cashier’s check, money
order or in cash and shall be
(b) Annual Return. Whenever the total tax for which any person is liable under this chapter does not
exceed the sum of twenty
accompanied by a return on a form to be provided and prescribed by
the finance director. The taxpayer shall be required to swear or affirm that the information given
on the tax return is full and true and that the taxpayer knows the same to be true.
two dollars for any monthly quarterly
(c)
period, a quarterly or an annual
return may be made upon written request and subject to the approval of the finance director.
Partial Periods. Whenever a taxpayer commences to engage in business during any quarterly
period, his first return and tax shall be based upon and cover the portion of the quarterly period
during which he is engaged in business
(Ord. 672 §7, 1975).
Section 2.
Ord. No. 1478, §9,10, 11-16-2009)
Arlington Municipal Code Section Chapter 3.32.100 – Return—Filing time extension—
Penalties for delinquency.- is hereby amended to read as follows:
If
The finance director for good cause shown may extend the time for making and filing any return as
required under this chapter, and may grant such reasonable additional time within which to file such
returns as he may deem proper; provided, that any extension in excess of thirty days shall be
conditioned upon the payment of one-half of one percent for each thirty days or portion thereof on the
amount of the tax from the date upon which tax becomes due.
the tax return and/or payment of any tax due hereunder is are not received within fifteen days of by
the due date, a penalty must shall be included
(a) If payment is not received by the due date, a penalty of 5% of the tax due shall be charged;
added as follows:
If sixteen to forty-five days delinquent, ten percent of the tax due with a minimum penalty of one
dollar; If received with the month following forty-six to seventy-five days delinquent, fifteen percent
of the tax with a minimum penalty of two dollars; and, if seventy-six or more days delinquent, twenty
percent of the tax with a minimum penalty of three dollars.
(b) An additional penalty of 5% per month for each month thereafter shall be charged until the
delinquent tax is paid.
In no event shall the total penalty be less than fifteen dollars.
In addition to said penalties the department charges the taxpayer interest of twelve percent per annum
or portion thereof (or the maximum allowed by law) on any amount of the tax plus penalty from the
date such tax or penalty becomes due. Penalties and/or interest may be waived in whole or in part
where the department finds the underpayment was a result of circumstances beyond the taxpayer’s
control.
(Ord. 672 §11, 1975)
Section 3. This ordinance shall take full force and effect five days after its approval, passage and
publication as required by law.
(Ord. No. 1478, §14, 11-16-2009)
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 6th
day of
September, 2010.
CITY OF ARLINGTON
Margaret Larson, Mayor
ATTEST:
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT K
COUNCIL MEETING DATE:
August 23, 2010
SUBJECT:
Change Occupation Taxes reporting
requirements from Quarterly to Monthly
DEPARTMENT OF ORIGIN:
Finance – Contact Jim Chase 403-3422
ATTACHMENTS:
1. Proposed Ordinance
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Occupation – (Utility) Taxes
LEGAL REVIEW: City Attorney has reviewed the ordinance
DESCRIPTION:
Currently the AMC reads that Occupation (utility) Taxes are due and payable in quarterly
installments on or before the 30th day of the month following the end of the quarterly period in
which the tax accrued.
Many of the businesses already remit their taxes to the City on a monthly basis. There are
several large companies, however, that do not, choosing to keep the dollars in their own
accounts until due.
If the requirement was to pay monthly, by the 25th of each month the city could realize
additional revenues in 2010 and receive a more consistent cash flow from now on.
The Department of Revenue requires large tax payers to remit taxes by the 25th of each month.
The City could possibly realize an additional $100,000 in revenue during 2010 (receive October
and November taxes by the end of 2010, instead of in January 2011).
The penalty provisions have also be revised to begin charging the penalty the day after the due
date.
HISTORY:
The current requirement is to receive these taxes on a quarterly basis.
COMMITTEE REVIEW AND ACTION:
City of Arlington
Council Agenda Bill
ALTERNATIVES:
1. Table for additional review
2. Do nothing and keeping receiving funds as they are now being received.
RECOMMENDED ACTION: There is no action requested at this time.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON
MUNICIPAL CODE CHAPTER 3.16 RELATING TO OCCUPATION TAXES
2010-xxx
WHEREAS, The City Council of the City of Arlington, Washington has determined certain
amendments to the regulations governing Occupation Taxes are warranted;
NOW THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain
as follows:
Section 1. Arlington Municipal Code section Chapter 3.16.070 - Due date for tax return and
payment
(a) The tax imposed by this chapter shall be due and payable in monthly
, is hereby amended to read as follows:
quarterly installments and
remittance shall be made on or before the twenty-fifth thirtieth day of the month following the
end of the monthly quarterly period in which the tax accrued. The remittance shall be made as
hereinafter provided and shall be accompanied by a return on a form to be provided by the
finance director. The first payment made hereunder shall be made by November 25th for the
month ending October 31, 2010. To On the return, the taxpayer shall be required to swear or
affirm that the information therein given is true and correct. Whenever the total tax for which any
person is liable under this chapter does not exceed the sum of twenty fifty dollars for any monthly
quarterly
(b)
period, a quarterly or an annual return may be made upon written request and subject to
the approval of the finance director.
In lien of the quarterly payment of the tax herein provided, the taxpayer may, when permission is
obtained from the finance director, pay said tax on a monthly basis.
(c) (b) Whenever a taxpayer commences any business activity during the tax year upon which a tax is
imposed under the provisions of the chapter, the taxpayer’s return and tax are based upon that
portion of the year during which the taxpayer is engaged in business activity.
Section 2.
(Ord. 1265 §5, 2001: Ord. 532 §7, 1966)
Arlington Municipal Code section Chapter 3.16.160 – Extension-Late payment. I
(a)
is hereby
amended to read as follows:
(b) If payment of any tax due hereunder is not received by
The department, for good cause shown, may extend the time for making and filing any return
and/or paying any fee or tax as required under this chapter and may grant such reasonable
additional time within which to file such returns and/or pay any fee of tax as it may deem
appropriate. An extension of time under this section is conditioned upon payment of interest of
twelve percent per annum upon the amount of tax from the date such tax became due and
payable.
the city treasurer on or before the day
upon which the said tax becomes due date, or within any extension granted, there is added a
penalty computed on the amount due shall be added as follows: , unless waived by the division
director of finance:
(1) If payment is not received by the due date, a penalty of 5% of the tax due shall be charged;
Five percent of the total amount due with a minimum penalty of fifteen dollars if payment is
not received on by the first day of the month next succeeding the due date
(2) An additional penalty of 5% per month for each month thereafter shall be charged until the
delinquent tax is paid.
;
(3)
Ten percent of the total amount due with a minimum penalty of twenty
dollars if not received by the last day of the second month next succeeding the due date;
(4)
Twenty percent of the total amount due with a minimum penalty of twenty-five dollars if not
received by the first day of the third month next succeeding the due date;
Fifty percent of the total amount due if the department determines that all or a part of the
deficiency assessed resulted from an intent by the taxpayer to evade the tax;
But
(c) In addition to said penalties the department
but in no event shall the penalty be less than fifteen dollars.
shall charges
Section 3. This ordinance shall take full force and effect five days after its approval, passage and
publication as required by law.
the taxpayer interest of twelve percent
per annum or portion thereof (or the maximum allowed by law) on any amount of the tax plus
penalty from the date such tax or penalty becomes due. Penalties and/or interest may be waived
in whole or in part where the department finds the underpayment was a result of circumstances
beyond the taxpayer’s control.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 6th day of
September, 2010.
CITY OF ARLINGTON
Margaret Larson, Mayor
ATTEST:
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT L
COUNCIL MEETING DATE:
August 23, 2010
SUBJECT:
Request to execute contract with Bulldog
League for Adult basketball league
DEPARTMENT OF ORIGIN:
Recreation
Contact: Sarah Hegge, 360-403-3448
ATTACHMENTS:
- Proprosed contract with Bulldog League
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney reviewed and edited the
proposed contract
DESCRIPTION:
The City was approached earlier this year by Mr. Michael Zander who wanted to partner with
the City and offer an adult basketball league. Mr. Zander has established a similar league and
relationship with the City of Everett. The contract outlines how the league will work, including
fees, scheduling, use of facilities, etc.
The City is responsible for booking the facilities and will collect the league fees. The Bulldog
League is responsible for actually running the league, including scheduling, marketing, etc.
As this is a new concept for the City, we are agreeing to a one year contract with the Bulldog
League. The fees collected from the participants will cover all costs.
HISTORY:
The City has not offered such a league yet. Other jurisdictions have offered the league in a
similar fashion with great success.
ALTERNATIVES:
RECOMMENDED ACTION:
No action at this time. Council will be requested to authorize the mayor to sign the contract
with the Bulldog League at the September 7, 2010 meeting.
THIS AGREEMENT, entered into as of July 20, 2010, between the City of Arlington, hereinafter called the
“City”, and Michael Robert Zander d/b/a/ Bulldog League, hereinafter called the “League” is as follows:
1. PURPOSE
The purpose of this agreement is to establish an understanding and working relationship between the
League and the City. Further, this Agreement is intended to memorialize a working understanding
regarding fees, scheduling, use of facilities, concessions and other issues associated with a basketball
league for adults in the City.
2. TERM
The term of this Agreement shall be from Sept 12, 2010 through August 27, 2011.
3. FACILITIES
a) The City will provide gym facilities (the “Gym Facilities”) on the dates and times listed in Exhibit
A (SCHEDULE OF GYM FACILITY USE). The League will abide by all rules and restrictions listed in
Exhibit C (GYM FACILITY RULES AND REGULATIONS) and all rules of the Arlington School District
for each Gym Facility.
b) The City will be responsible for securing the use of the Gym Facilities for the times listed in
Exhibit A (SCHEDULE OF GYM FACILITY USE). If the City is unable to secure a Gym Facility for a
scheduled time, it will notify the League at least 48 hours prior to the scheduled event.
c) The League will provide referees for each scheduled basketball game at the sole cost of the
League.
d) The League will provide a minimum of one scorekeeper for each scheduled basketball game at
the sole cost to the League.
e) The League will provide all equipment for all events, basketball games and other uses of the
Gym Facilities under this Agreement, including, without limitation, game balls for all basketball
games, practices, tournaments and score sheets.
f) The City may provide facilities (other than the Gym Facility) on a space available basis for
League meetings, scheduling and other League related business upon request from a
designated League representatives. The League’s use of such facilities shall be subject to the
City’s Facility Use Policies. There shall be no charge for the use of these facilities.
g) The League shall not allow any other agency, association, group, or league to schedule or use a
Gym Facility when the league is scheduled to use that Gym Facility without express written
consent by the City of Arlington Recreation Manager or designee.
City of Arlington
BULLDOG BASKETBALL LEAGUE AGREEMENT
h) The League will designate one person to be the point of contact between the League and the
City. Such contact person will disseminate any information provided by the City and educate
the League, its employees, agents, contractors, teams, coaches and spectators of the League
regarding such information.
i) The City reserves the right to limit the amount of use, close or cancel any and all Gym Facility
use. No modifications are allowed to any Gym Facility. If the League, or any of its employees,
agents, contractors, teams, coaches, invitees, guests or spectators violate the limitations placed
on the Gym Facility use, the League, its employees, agents, contractors, teams, coaches,
invitees, guests or spectators may be prohibited from using a Gym Facility for the remainder of
an event, the remainder of the season, the following season, or any other amount of time the
City deems appropriate.
4. SCHEDULE
The City shall identify the amount of time available at each Gym Facility in Exhibit A (SCHEDULE OF
FACILITY USE). The League shall be solely responsible for and shall perform all scheduling of games,
tournaments and League related events and any service related to scheduling. The League shall provide
the City with a complete schedule of events for the term of this Agreement 1-week prior to the first
scheduled event. All schedule changes must be provided to the City in writing within 48 hours of the
proposed change.
5. CONCESSIONS
The League shall not sell or operate concessions at any Gym Facility.
6. REVENUE AND FEES
a) The League shall pay the City fees established by, and in accordance with Exhibit B (PROGRAM
FEES).
b) The City may review and/or modify the amount owed to the City on an annual basis.
7. MAINTENANCE
The League shall be solely responsible for returning the Gym Facilities to a substantially similar or better
condition after each use of a Gym Facility. Any damage or destruction to a Gym Facility related to the
League’s use of such Gym Facility under this Agreement shall be promptly repaired by the League to the
same condition that existed prior to the damage or destruction.
8. CONDUCT
a) The League is responsible for the conduct of employees, agents, contractors, teams, players,
coaches, spectators, invitees, and guests. The League shall provide copies of Exhibit C (GYM
FACILITY RULES AND REGULATIONS) to all coaches and shall enforce all rules and regulations
with respect to League employees, agents, contractors, teams, players, coaches, spectators,
invitees and guests. The League shall suspend from one or more events, employees, agents,
contractors, teams, players, coaches, spectators, invitees or guests who violate any rules and
regulations in Exhibit C (GYM FACILITY RULES AND REGULATIONS). The League shall provide
adequate adult supervision for any and all events, including but not limited to games, practices,
tournaments and events as requested by the City.
b) The League will provide a copy of the League’s code of conduct to the City one week prior to the
first scheduled event, and shall enforce such code of conduct during all games and uses of the
Gym Facilities.
c) The League will provide a copy of the League’s disciplinary procedures to the City one week
prior to the first scheduled event, and shall enforce such disciplinary procedures during all
games and uses of the Gym Facilities.
d) The League agrees to comply with the City of Arlington’s Community Athletics Programs Non
Discrimination (aka Gender Equity) Policy as listed in Exhibit G.
9. MARKETING AND PROMOTION
The City will provide the League limited marketing and promotional services through the City of
Arlington Recreation Guide.
10. ARLINGTON SCHOOL DISTRICT
Gym facilities provided under this Agreement are owned and operated by the Arlington School District.
In addition to the terms of this Agreement, the League must comply with the Arlington School District’s
general rules, and rules related to the use of the Gym Facilities and all other services provided by the
Arlington School District as a result of or related to this Agreement.
The City cannot guarantee any access to the Gym Facilities. If the Arlington School District prohibits or
stops the League from using the Gym Facilities for any reason, the City has no liability to the League
whatsoever.
11. RISK MANAGEMENT
The League shall immediately or on or before the expiration of one working day record and report to the
City all injuries and claims against it for bodily injury and property damage. The League shall
immediately notify the City of any safety hazards that are apparent at any Gym Facilities or on any
courts that the League cannot immediately remedy.
12. INSURANCE
a) The League shall procure and keep in force during the term of this Agreement, at the League’s
own cost and expense, the policies of insurance described herein with companies authorized to
do business in the State of Washington, which are rated at least “A” or better and with a
numerical rating of no less than 7, by A.M. Best Company and which are acceptable to the City
and the Arlington School District.
b) The League shall procure and maintain a Commercial General Liability Insurance on an
occurrence basis in an amount not less than $1,000,000 per occurrence and at least $2,000,000
in the annual aggregate, including but not limited to premises/operations (including off-site
operations), blanket contractual liability and broad form property damage, all in a form
acceptable to the City and the Arlington School District. The League agrees to provide at least
thirty (30) days notice prior to cancellation of any of the insurance requirements set forth
above.
c) The policies shall provide that they shall not be canceled or materially changed without thirty
(30) days prior to written notice to the City. No cancellation provision in any insurance policy
shall be construed in derogation of the continuous duty of the League to furnish the required
insurance during the terms of this Agreement.
d) Upon written request by the City, the League will furnish, prior to any activity pursuant to this
Agreement, a copy of any policy cited above, certified to be a true and complete copy of the
original.
e) Prior to any activity pursuant to this Agreement, the League shall provide the City and the
Arlington School District with a Certificate of Insurance acceptable to the City Attorney
evidencing the above-required insurance together with an Additional Insured Endorsement
naming the City of Arlington and the Arlington School District and their officers, employees and
agents as additional insureds. Both the Certificate of Insurance and Additional Insured
Endorsement will be on forms acceptable to the City and the Arlington School District. Receipt
by the City of any certificate showing less coverage than required is not a waiver of the League’s
obligations to fulfill the requirements.
15. INDEMNIFICATION
The League hereby agrees to save the City and the Arlington School District and their officers,
employees, and agents harmless and indemnify them for all loss, claims, or damage occasioned to an
Indemnittee or any other third person or property by reason of any act or omission of the League, its
officers, members, employees, subcontractors, third persons or agents which arises, directly or
indirectly, as a result of or in connection with this Agreement, and shall, after reasonable notice thereof,
defend and pay the expense of defending any claim or suit which may be commenced against an
Indemnitee alleging injuries to person and/or property by reason of such act or omission and will pay
any judgment which may be obtained against an Indemnitee in such suit, except for those claims,
demands, damages, expenses or suits caused solely by the negligence or willful misconduct of such
Indemnitee.
16. BREACH
If either party to this Agreement believes that the other party has breached this Agreement, it shall give
written notice of the breach to the Breaching Party, and the Breaching Party shall, except in the case of a
failure to insure, have ten days to cure such breach. If the Breaching Party does not cure the breach
within such ten days, the non-breaching party may terminate this Agreement on 3 days written notice of
such termination of the Breaching Party. Such termination shall be cumulative of and in addition to any
and all other remedies a party may have at law or in equity.
17. TERMINATION OF CONTRACT
The City may terminate this Agreement, without any liability whatsoever to the League, at any time, and
for any reason, upon not less than 20 days written notice to the League. Notice shall be deemed
effective upon either (a) the second day following deposit in the United States Mail to Bulldog League at
2801 Bickford Avenue #103 Snohomish WA 98290, postage prepaid, certified or registered mail, return
receipt requested. This provision shall not prevent the City from seeking any legal remedies it may have
for the violation or non-performance of any of the provisions of this agreement.
18. MISCELLANEOUS
a) The League will provide a copy of the League refund policy and Cash Handling Procedures to the
City one week prior to the first scheduled event.
b) The League will provide documentation to the City of team and event registrations which will
use or be held in a Gym Facility within ten business days of the completion of such team or
event registration.
c) The League will provide the City copies of all team rosters scheduled to use a Gym Facility prior
to the first scheduled event under this Agreement.
d) The City may refer customers to the League. The League will treat all City referred customers in
a professional and courteous manner, such as returning phone calls or responding to inquiries
within one business day of receiving such phone call or inquiry.
e) The League will discuss all issues it believes may be affected by this Agreement with the City at
such time as the issue arises.
f) This Agreement constitutes the entire agreement of the parties relating to the subject matter of
this Agreement. This Agreement supersedes and replaces all other written or oral agreements
thereto.
g) The laws of the State of Washington, without giving effect to principles of conflict of laws,
govern all matters arising out of or relating to this Agreement.
h) The parties shall bring any litigation arising out of or relating to this Agreement only before the
Snohomish County Superior Court.
i) No amendment to this Agreement will be effective unless it is in writing and signed by the
parties.
j) No waiver of satisfaction of any condition or nonperformance of an obligation under this
Agreement will be effective unless it is in writing and signed by the party granting the waiver,
and no such waiver will constitute a waiver of satisfaction of any other condition or
nonperformance of any other obligation.
k) If any provision of this Agreement is unenforceable to any extent, the remainder of this
Agreement (or the application of that provision to any persons or circumstances other than
those as to which it is held unenforceable) will not be affected by that unenforceability and will
be enforceable to fullest extent permitted by law.
l) For a notice under this Agreement to be valid, it must be in writing and the sending party must
use one of the following methods of delivery: (A) personal delivery to the address stated below;
(B) first class postage prepaid U.S. Mail to the address stated below. Either party may change its
notice address or email effective on written notice to the other party of the change.
Notice to the City Notice to the League
m) Neither party may assign or sublet this Agreement without the written consent of the other
party, which consent may be withheld at the party’s sole discretion.
n) The rights and remedies provided in this Agreement are in addition to any other rights and
remedies that may be provided by law.
CITY OF ARLINGTON MICHAEL ROBERT ZANDER d/b/a Bulldog League
By:_______________________________ By:________________________________________
Margaret Larson, Mayor Michael Robert Zander
ATTEST:
__________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT M
COUNCIL MEETING DATE:
August 23rd 2010
SUBJECT:
Professional Service Agreement for Vic
Ericson
DEPARTMENT OF ORIGIN:
Executive,
Paul Ellis 360-403-4603
ATTACHMENTS:
Professional Service Agreement
EXPENDITURES REQUESTED: $65.00 per hour
BUDGET CATEGORY: Economic Development
LEGAL REVIEW: Yes
DESCRIPTION:
Council is requested to authorize the mayor to sign a Professional Service Agreement with Vic
Ericson to service as a member of the city economic development team. The contract is for one
year at a rate of $65.00 per hour.
HISTORY:
Vic Ericson has been working as a contract employee of the city filling the position of Economic
Development Manager on a year to year agreement since September 2005. This is a part time
position for 75 hours per month and was reduced to 50 hours per month beginning in April
2009. The current is hourly “as needed” agreement expired on August 30th 2010. The economic
development function in the city has been restructured to a team oriented approach
incorporating Executive, Public Works and Developmental Services into the team.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
Table to future discussion.
RECOMMENDED ACTION
Discussion Item
PROFESSIONAL SERVICES
AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this 7th
day of September,
2010 by and between the CITY OF ARLINGTON, a Washington municipal corporation,
hereinafter referred to as the "CITY" and Victor L. Ericson, hereinafter referred to as the
"SERVICE PROVIDER."
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the SERVICE PROVIDER represents that the SERVICE PROVIDER is
qualified and possesses sufficient skills and the necessary capabilities, including technical and
professional expertise, where required, to perform the services and/or tasks set forth in this
Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services
.
The SERVICE PROVIDER shall perform such services and accomplish such tasks, including the
furnishing of all materials and equipment necessary for full performance thereof, as are identified
and designated as SERVICE PROVIDER responsibilities throughout this Agreement and as
detailed herein (Project).
Task 1-Implement the Economic Development Plan.
Task 2- Support revitalization efforts and provide business assistance.
Task 3- Develop and implement business retention and recruitment strategies.
2. Term
.
The Project shall begin on September 1st 2010, and shall be completed no later than August 31st
2011, unless sooner terminated according to the provisions herein.
3. Compensation And Method of Payment
.
3.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved in
writing by the CITY.
PROFESSIONAL SERVICES
AGREEMENT 2
3.2 No payment shall be made for any service rendered by the SERVICE PROVIDER
except for services identified and set forth in this Agreement.
3.3 The CITY shall pay the SERVICE PROVIDER for work performed under this
Agreement as follows: SERVICE PROVIDER shall submit monthly invoices detailing
work performed and expenses for which reimbursement is sought. CITY shall approve all
invoices before payment is issued. Payment shall occur within thirty (30) days of receipt
and approval of an invoice. The SERVICE PROVIDER shall be paid an hourly rate of
$65.00 per hour for services provided as described in the scope of work subject to
approval of the City Administrator.
4. Reports And Inspections
.
4.1 The SERVICE PROVIDER at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The SERVICE PROVIDER shall at any time during normal business hours and
as often as the CITY or State Auditor may deem necessary, make available for
examination all of its records and data with respect to all matters covered, directly
or indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the SERVICE PROVIDER'S activities. The
CITY may, at its discretion, conduct an audit at its expense, using its own or
outside auditors, of the SERVICE PROVIDER'S activities which relate, directly
or indirectly, to this Agreement.
5. Independent Contractor Relationship
.
5.1 The parties intend that an independent SERVICE PROVIDER/CITY relationship
will be created by this Agreement. The CITY is interested primarily in the results
to be achieved; subject to paragraphs herein, the implementation of services will
lie solely with the discretion of the SERVICE PROVIDER. No agent, employee,
servant or representative of the SERVICE PROVIDER shall be deemed to be an
employee, agent, servant or representative of the CITY for any purpose, and the
employees of the SERVICE PROVIDER are not entitled to any of the benefits the
CITY provides for its employees. The SERVICE PROVIDER will be solely and
entirely responsible for its acts and for the acts of its agents, employees, servants,
subcontractors or representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the SERVICE
PROVIDER is an independent contractor with the authority to control and direct
the performance of the details of the work, however, the results of the work
contemplated herein must meet the approval of the CITY and shall be subject to
the CITY'S general rights of inspection and review to secure the satisfactory
completion thereof.
6. Service Provider Employees/agents
The CITY may at its sole discretion require the SERVICE PROVIDER to remove any employee,
agent or servant from employment on this Project. The SERVICE PROVIDER may however
employ that (those) individual(s) on other non-CITY related projects.
7. Hold Harmless/Indemnification
.
7.1 Consultant shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts,
errors or omissions of the Consultant in performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City.
7.2 No liability shall attach to the CITY by reason of entering into this Agreement
except as expressly provided herein.
8. Treatment of Assets
.
Title to all property furnished by the CITY shall remain in the name of the CITY and the CITY
shall become the owner of the work product and other documents, if any, prepared by the
SERVICE PROVIDER pursuant to this Agreement.
9. Compliance with Laws
.
10.1 The SERVICE PROVIDER, in the performance of this Agreement, shall comply
with all applicable federal, state or local laws and ordinances, including
regulations for licensing, certification and operation of facilities, programs and
accreditation, and licensing of individuals, and any other standards or criteria as
described in this Agreement to assure quality of services.
10.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and
occupation (B & 0) taxes which may be due on account of this Agreement.
10. Nondiscrimination
.
10.1 The CITY is an equal opportunity employer.
10.2 Nondiscrimination in Employment. In the performance of this Agreement, the
SERVICE PROVIDER will not discriminate against any employee or applicant
for employment on the grounds of race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap; provided
that the prohibition against discrimination in employment because of handicap
shall not apply if the particular disability prevents the proper performance of the
particular worker involved. The SERVICE PROVIDER shall ensure that
applicants are employed, and that employees are treated during employment
without discrimination because of their race, creed, color, national origin, sex,
marital status, age or the presence of any sensory, mental or physical handicap.
Such action shall include, but not be limited to: employment, upgrading, demotion
or transfers, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation, and programs for training including
apprenticeships. The SERVICE PROVIDER shall take such action with respect to
this Agreement as may be required to ensure full compliance with local, state and
federal laws prohibiting discrimination in employment.
10.3 Nondiscrimination in Services. The SERVICE PROVIDER will not discriminate
against any recipient of any services or benefits provided for in this Agreement on
the grounds of race, creed, color, national origin, sex, marital status, age or the
presence of any sensory, mental or physical handicap.
10.4 If any assignment and/or subcontracting has been authorized by the CITY, said
assignment or subcontract shall include appropriate safeguards against
discrimination. The SERVICE PROVIDER shall take such action as may be
required to ensure full compliance with the provisions in the immediately
preceding paragraphs herein.
11. Assignment/subcontracting
.
11.1 The SERVICE PROVIDER shall not assign its performance under this
Agreement or any portion of this Agreement without the written consent of the
CITY, and it is further agreed that said consent must be sought in writing by the
SERVICE PROVIDER not less than thirty (30) days prior to the date of any
proposed assignment. The CITY reserves the right to reject without cause any
such assignment.
11.2 Any work or services assigned hereunder shall be subject to each provision of this
Agreement and proper bidding procedures where applicable as set forth in local,
state and/or federal statutes, ordinances and guidelines.
11.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
12. Changes
.
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
13. Maintenance and Inspection of Records
.
13.1 The SERVICE PROVIDER shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable times
to inspection, review, or audit, by the CITY, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this
Agreement.
13.2 The SERVICE PROVIDER shall retain all books, records, documents and other
material relevant to this agreement, for six (6) years after its expiration. The
SERVICE PROVIDER agrees that the CITY or its designee shall have full access
and right to examine any of said materials at all reasonable times during said
period.
14. Other Provisions
.
If changes in state law necessitate that services hereunder be expanded, the parties shall negotiate
an appropriate amendment. If after thirty (30) days of negotiation, agreement can not be reached,
this Agreement may be terminated by the City no sooner than sixty (60) days thereafter.
15. Termination
.
15.1 Termination for Convenience. The CITY may terminate this Agreement, in whole
or in part, at any time, by at least five (5) days written notice to the SERVICE
PROVIDER.
15.2 Termination for Cause. If the SERVICE PROVIDER fails to perform in the
manner called for in this Agreement, or if the SERVICE PROVIDER fails to
comply with any other provisions of the Agreement and fails to correct such
noncompliance within five (5) days written notice thereof, the CITY may
terminate this Agreement for cause. Termination shall be effected by serving a
notice of termination on the SERVICE PROVIDER setting forth the manner in
which the SERVICE PROVIDER is in default. The SERVICE PROVIDER will
only be paid for services performed in accordance with the manner of
performance set forth in this Agreement.
16. Notice
.
Notice provided for in this Agreement shall be sent by certified mail to the addresses designated
for the parties on the last page of this Agreement.
17. Attorneys Fees and Costs
.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
18. Jurisdiction and Venue
.
18.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both as
to interpretation and performance.
18.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts of competent jurisdiction in Snohomish County, Washington.
19. Severability
.
19.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
19.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions.
20. Entire Agreement
.
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause for
termination Both parties recognize time is of the essence in the performance of the provisions of
this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any
provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
the day and year first hereinabove written.
CITY: SERVICE PROVIDER:
CITY OF ARLINGTON Victor L. Ericson
____________________________________
Margaret Larson, Mayor Victor L. Ericson, Sole Proprietor
Attest: Date:_______________________________
Kristin Banfield, City Clerk
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT N
COUNCIL MEETING DATE:
August 23rd 2010
SUBJECT:
Ballot Drop Box at the Arlington Library.
DEPARTMENT OF ORIGIN:
Executive, Paul Ellis # 4603
ATTACHMENTS:
Draft Agreement and photo
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW: Yes
DESCRIPTION:
The Snohomish County Auditor’s Office has approached Libraries seeking a partnership to
provide a 24-hour secure ballot drop box on the grounds of branch Library. The 24-hour secure
ballot drop box allows voters to choose the time that is most convenient for them to return their
ballot, postage free, to a box directly monitored and operated by the Auditor’s Office. The box
is permanently fixed in one location and available as a ballot return option as soon as ballots
are mailed out to voters. The box is approximately 4’ long by 3’ wide by 4’ high and includes a
drop slot snorkel that will be closed during times of non-use.
HISTORY:
Snohomish County assumes the cost and risk associated with this box’s placement, installation
and operation. Attached a template of a licensing agreement, the County that we hope could
serve as the basis for memorializing this partnership.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
RECOMMENDED ACTION:
Information Only