HomeMy WebLinkAbout06-21-10 Council Meeting
Arlington City Council
June 21, 2010 - 7 PM
City Council Chambers
110 E. Third
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PUBLIC COMMENT
For members of the public to speak to the Council regarding matters NOT on the agenda.
Please limit remarks to three minutes
CONSENT AGENDA
1. Minutes of the June 7 & 14, 2010 meetings
ATTACHMENT A
2. Accounts Payable
3. One Year Extension to the Arlington and Snohomish County ATTACHMENT B
Traffic Mitigation Agreement For the North County Recycling & Transfer Station (NCRTS)
PUBLIC HEARING
UNFINISHED BUSINESS
NEW BUSINESS
1. Property purchase at 173rd Street NE
ATTACHMENT C
2. ILA for Fire investigation services ATTACHMENT D
3. Purchase of new Financial Software Package ATTACHMENT E
4. Resolution adopting a fee schedule for dog licenses ATTACHMENT F
5. Ordinance adopting AMC Title 15 ATTACHMENT G
6. Ordinance adopting AMC Title 16 ATTACHMENT H
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
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DRAFT
Page 1 of 3
Council Chambers
110 East Third
June 7, 2010
City Council Members Present by Roll Call: Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris
Raezer, Linda Byrnes, and Steve Baker
Council Members Absent: There were no Council members absent.
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Vic Ericson, Bill Blake,
Fire Chief Jim Rankin, Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: Walt Riebe, Jeff Huleatt, Keri Ilonummi, Gale Fiege – Everett Herald, and
Karen Highum
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
Dick Butner made a motion to add a Resolution in Support of Trafton School to the Agenda as New
Business item number 1. Steve Baker seconded the motion. Linda Byrnes spoke against the item due to
a lack of information, as this item had not been discussed at a workshop, also Chris Raezer, Scott Solla
and Sally Lien spoke in opposition of the motion. Marilyn Oertle, Dick Butner and Steve Baker expressed
support for the Trafton Resolution. A lengthy discussion followed. Mayor Larson also spoke, stating that
she was not in favor of taking a stand on the matter.
APPROVAL OF THE AGENDA
The motion to add a Resolution from the Council in support of saving Trafton School failed with a 3-4-0-0
vote, with Sally Lien, Scott Solla, Chris Raezer and Linda Byrnes voting in opposition.
Steve Baker moved and Sally Lien seconded the motion to approve the Agenda. The motion was passed
with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Mayor Larson read a letter of appreciation for Karen Highum’s 10-year service on the Library Board.
Recognition of Karen Highum as outgoing Library Board Chair
Lewis Wilde, 11517 36th Avenue, Seattle, representing the LaRouche political group spoke in support of
the group’s proposed resolution.
PUBLIC COMMENT
Ed Champini, 1151 25th Ave. NE, Seattle, working with the LaRouche Political Activity Committee asked
for support of President Obama’s impeachment.
Terri Forslof 15709 300th St. NE. Arlington, spoke in support of the controversial Trafton Resolution that
the Council chose not to formally address this evening.
John Hein, 1804 Piper Circle, Anacortes, introduced his company of telephone directories.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT June 7, 2010
Page 2 of 3
Steve Baker moved and Sally Lien seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
CONSENT AGENDA
1. Minutes of the May 17 and May 24, 2010 meetings
2. Accounts Payable
Claims Checks #60639 through #60802 in the amount of $1,532,348.20 and
Payroll Checks #25523 through #25599 in the amount of $1,186,475.98
There was no Public Hearing.
PUBLIC HEARING
There was no Unfinished Business.
UNFINISHED BUSINESS
NEW BUSINESS
Fire Chief Jim Rankin gave a history of the Emergency Management Plan.
Tri-Agency 2010 Emergency Management Strategic Plan
Sally Lien moved to adopt the 2010 Emergency Management Strategic Plan as presented. Chris Raezer
seconded the motion that passed with a unanimous vote.
Airport Manager Rob Putnam spoke of the proposed slurry coat for the runway on the west side of the
airport.
2010 Runway 11-29 Slurry Seal Project
Linda Byrnes moved to approve the contract with Blackline, Incl. in the Amount of $107,826.77 for
construction, and a contract with WH Pacific in the amount of $16,915 for construction management
services. Dick Butner seconded the motion that passed with a unanimous vote.
Assistant City Administrator Kristin Banfield spoke to the Agenda Publishing Policy. This would
discontinue the weekly publication in the Herald and would use other sources for citizen information.
Discussion followed. The Policy would take place July 1.
Agenda Publishing Policy
Steve Baker moved to approve the Resolution adopting the City’s Agenda Publishing Policy. Marilyn
Oertle seconded the motion that passed with a unanimous vote.
City Attorney Steve Peiffle spoke to the Dedication and asked for Council questions.
Dedication for Right of Way for 74th Ave. NE
Scott Solla moved to approve the dedication of 74th Avenue from the Rengen Estate as described in the
legal description. Marilyn Oertle seconded the motion that passed with a unanimous vote.
Natural Resources Manager Bill Blake noted storm damage that had occurred at the Round House Barn
and restoration permits that would be needed from the County. Mr. Blake answered Council questions.
Restoration of the Round House Barn
Scott Solla moved to authorize City staff to move forward with the signing of the contract with Pilchuck
Construction to complete the Barn repair. Marilyn Oertle seconded the motion that passed with a
unanimous vote.
At this time Bill Blake gave a description of the property and some of the proposed activities for the many
high school students in attendance.
Minutes of the City of Arlington City Council Meeting DRAFT June 7, 2010
Page 3 of 3
Mr. Johnson gave an update on items, and Finance Director Jim Chase spoke to changes in the utility
billing.
INFORMATION
Mayor Larson gave a report on events she had recently attended.
MAYOR’S REPORT
Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, and Linda Byrnes gave brief reports
while Steve Baker had nothing to report at this time.
CITY COUNCIL MEMBER REPORTS
City Attorney announced that there would be no need for an Executive Session.
EXECUTIVE SESSION
With no further business to come before the Council, the meeting was adjourned at 8:17PM.
ADJOURNMENT
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third
June 14, 2010
City Council Members Present: Dick Butner Sally Lien, Linda Byrnes, Marilyn Oertle, Chris
Raezer, Scott Solla, and Steve Baker
Council Members Absent: There were no Council members absent.
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Rob
Putnam, David Kuhl, Fire Chief Jim Rankin, Chris Young, Roxanne Guenzler, Jan Bauer, Steve
Peiffle – City Attorney
Also Known to be Present: Distinguished Senior Citizen - Ray Harmon
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag
followed.
APPROVAL OF THE AGENDA
Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with
a unanimous vote.
Fire Chief Jim Rankin gave information on the Interlocal Agreement and rates charged for
investigative services provided upon request. This will be addressed at the next Council
meeting.
ILA for Fire Investigation Services ATTACHMENT A
Public Works Director Jim Kelly distributed a memo regarding the project status for the 173
173rd Alignment Discussion HANDOUT
rd
Street intersection and the Real Estate Purchase and Sales Agreement. A lengthy discussion
followed with Mr. Kelly answering Council questions. This will be addressed at the next
meeting.
Mr. Kelly gave a brief description of the Agreement and then answered Council questions. This
will be addressed at the next meeting.
Extension of Mitigation Agreement with Snohomish County for North County Solid Waste
Transfer Station
Finance Director Jim Chase and Jane Towery, Managing Director with Piper Jaffray & Co,
discussed the Bond Sale for the Fire Station remodel and the Runway Protection Zone. Mr.
Chase spoke to the requested refinancing of bonds, and Ms. Towery gave information on
interest and refinancing. Mr. Chase and Ms. Towery then answered Council questions.
Bond Sale
Minutes of the Arlington
City Council Workshop Meeting
Minutes of the City of Arlington City Council Meeting DRAFT June 14, 2010
Page 2 of 2
Jim Chase noted the need for the need to purchase new Financial Software. This would be
financed over five years. Discussion followed.
Purchase of New Financial Software Package
Planning Director David Kuhl and Building Official Chris Young addressed the revisions to Title
16 – Building & Construction. Mr. Young and Mr. Kuhl then answered Council questions. This
will be addressed at the next meeting.
Review of AMC Title 16
Assistant City Administrator Kristin Banfield presented the City’s proposed annual licensing fee
structure. Jim Chase also answered Council questions. Discussion followed. This will be
addressed at the next meeting.
Dog licenses
Scott Solla asked questions and Mr. Kuhl gave information about a situation regarding a house
with a violation. Discussion followed. Discussion followed. Allen Johnson voiced concern
about City liability of not enforcing our own codes. City Attorney Steve Peiffle addressed the
citizen-driven complaint process.
Miscellaneous Council Items
ADJOURNMENT
The meeting was adjourned at 8:19PM.
__________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #3
ATTACHMENT B
COUNCIL WORKSHOP DATE:
June 21, 2010
SUBJECT: One Year Extension to the Arlington
and Snohomish County North County
Recycling and Transfer (NCRTS) Traffic
Mitigation Agreement
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS: Extension Agreement between Snohomish County and City of Arlington
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: One-year extension to the 1992 Arlington and Snohomish County Settlement
and Mitigation Agreement for the NCRTS with an agreement to draft a new Mitigation
Agreement before the expiration of this one-year extension.
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, and 2007. The agreement
extension before you now agrees to a one year extension and agrees to work to rewrite the 1992
mitigation agreement.
ALTERNATIVES:
- Bring back for additional discussion at a later date
RECOMMENDED ACTION:
Authorize the mayor to sign a one year extension agreement to the 1992 Arlington and
Snohomish County Settlement and Mitigation Agreement for the NCRTS.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT C
COUNCIL MEETING DATE:
June 21, 2010
SUBJECT: Purchase and Sale Agreement
for the purchase of the property located at
the proposed 173rd and Smokey Point Blvd
intersection.
DEPARTMENT OF ORIGIN:
Public Works
ATTACHMENTS: Purchase and Sale Agreement
EXPENDITURES REQUESTED: $440,000.00
BUDGET CATEGORY: Transportation Improvement Fund (310)
LEGAL REVIEW: Reviewed by City Attorney
DESCRIPTION: The City has been in negotiations with the owners of a property located at the
proposed 173rd and Smokey Point Blvd intersection and is ready to submit a Purchase and Sale
Agreement to the property owners.
HISTORY: The City has long planned for the development of a roadway immediately north and
parallel to 172nd; this proposed road would be 173rd Street. The purpose of the road is to develop
infrastructure that will support commercial development in Smokey Point and to lay the
groundwork for a secondary transportation grid to serve the area.
The City conducted a property appraisal and shared this with the current property owner;
Yasuko Conner. The appraisal listed the property as having a value of $450,000.00.
ALTERNATIVES:
• Table for further discussion.
RECOMMENDED MOTION:
Authorize the mayor to sign the purchase and sale agreement between Yasuko Conner and the
City of Arlington for purchase of the property located and 173rd and Smokey Point Blvd.
REAL ESTATE PURCHASE
AND SALE AGREEMENT 1
REAL ESTATE PURCHASE AND SALE AGREEMENT
THE PARTIES HERETO are CITY OF ARLINGTON, a municipal
corporation of the state of Washington, hereinafter called "purchaser" and YASUKO CONNER, a
married woman as her separate estate, hereinafter called "seller".
FOR AND IN CONSIDERATION OF the mutual covenants contained herein,
the parties agree as follows:
PROPERTY DESCRIPTION. Purchaser hereby agrees to purchase,
and seller hereby agrees to sell the following-described real estate located in the County of
Snohomish, State of Washington, commonly known as 17329 Smokey Point Boulevard,
Arlington, Washington 98223, legally described on Exhibit "A" attached hereto, and by this
reference incorporated herein, being Snohomish County Tax Parcel No. 310521-003-028-00.
PURCHASE PRICE AND PAYMENT. Total purchase price is
FOUR HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($440,000.00), payable as
follows: All cash at closing.
ENCUMBRANCES. Title of seller is to be free of encumbrances or
defects except as otherwise provided for herein. Rights reserved in federal patents or state deeds,
building or use restrictions general to the district, existing easements not inconsistent with
purchaser's intended use, and building or zoning regulations or provisions shall not be deemed
encumbrances or defects. Encumbrances to be discharged by seller may be paid out of purchase
money at date of closing.
EARNEST MONEY.
Purchaser hereby deposits and receipt is hereby acknowledged
of ONE THOUSAND AND 00/100 DOLLARS ($1,000.00), paid or delivered as earnest money in
part payment of the purchase price for the aforementioned real estate.
Earnest money and this agreement shall be held by Bailey,
Duskin, Peiffle & Canfield, P.S., attorneys, hereinafter referred to as "closing agent" for the benefit
of the parties hereto.
DEFAULT. If either party defaults (that is, fails to perform the acts
required of him) in his contractual performance herein, the non-defaulting party may seek specific
performance pursuant to the terms of this agreement, damages, or rescission. If the
non-defaulting party seeking damages or rescission is purchaser, the earnest money, upon demand,
shall be refunded. If the non-defaulting party seeking damages or rescission is seller, the earnest
money, upon demand, shall be forfeited.
TITLE INSURANCE. Seller shall furnish to purchaser a WLTA
REAL ESTATE PURCHASE
AND SALE AGREEMENT 2
standard form policy of title insurance and as soon as practical prior to closing a preliminary
commitment therefor issued by Pacific Northwest Title Company and seller authorizes closing
agent to apply as soon as practical for such title insurance. Seller shall assume any cancellation
fee for such commitment or policy. The title policy to be issued shall contain no exceptions other
than those provided in said standard form plus encumbrances or defects noted in paragraph 3
above. If title is not so insurable as above provided and cannot be made so insurable by
termination date set forth below, earnest money shall be refunded and all rights of purchaser
terminated; provided, however, that purchaser may waive defects and elect to purchase.
CLOSING DOCUMENTS. This is a cash sale. Seller shall deliver to
closing agent an executed Statutory Warranty Deed conveying title to purchaser. The purchaser
shall deliver to closing agent all monies necessary to complete the sale.
PRORATING. Taxes for the current year, rents, insurance, interest,
mortgage reserves, water and other utilities constituting liens shall be prorated as of date of
closing.
POSSESSION. Seller shall deliver possession to purchaser on or
before closing unless otherwise agreed. Possession shall be deemed given when seller has
vacated the premises and delivered keys to same to purchaser or broker.
SALE AS IS. Purchaser offers to purchase the property in its present
condition on the terms noted. Seller hereby warrants that to the best of his knowledge the
premises described herein and the improvements thereon do not materially violate the applicable
building or zoning regulations and that he is unaware of any material defect in the premises or
improvements thereon.
11. WARRANTIES. The following warranties shall apply to this
transaction:
11.1 Seller's Warranties. Seller represents and warrants to purchaser
that the following facts are true as of the date of seller's execution hereof and as of closing, or as
such other date as may be set forth herein:
11.1.1 Other Agreements. There are no other contracts or
agreements in force or effect for sale of all or any portion of the property, and seller agrees (a) not
to enter into any such contracts or agreements between the date hereof and closing; and (b) to use
its best efforts to terminate any such contracts that come to its attention between the date hereof
and closing.
11.1.2 Litigation. There is no action, suit, investigation or
proceeding (administration or otherwise) pending or threatened against or affecting the property or
any portion of it, the transactions contemplated hereby, or which might affect the right of
purchaser to own, operate, develop or possess the property which might have a material effect on
the business of the property or result in any liability of purchaser with respect thereto.
REAL ESTATE PURCHASE
AND SALE AGREEMENT 3
11.1.3 True and Accurate. No representation or warranty by
seller contained in this agreement or any exhibit hereto or in any document, statement, certificate,
financial information or schedule given to or to be given to purchaser as a result of or in connection
with this agreement, contains or on closing will contain, an untrue statement of material fact, or
omits or on closing will omit to state a material fact necessary to make the statements and facts
contained therein not misleading.
11.1.4 Encumbrances. Seller's execution, delivery and
consummation of this agreement shall not result in any default or violation of any agreement or
law by which seller is bound or which will result in any lien, charge or encumbrance on the
property.
11.1.5 Hazardous Materials. Neither the property nor, to the
best of seller's knowledge, any real estate in the vicinity of the property, is in violation of any
federal, state, local or administrative agency ordinance, law, rule, regulation, order or requirement
relating to environmental conditions or hazardous material (Aenvironmental laws@). Neither
seller, nor to the best of seller's knowledge, any third party, has used, manufactured, generated,
treated, stored, disposed of, or release any hazardous material on, under or about the sale property
or real estate in the vicinity of the sale property, or transported any hazardous material over the
property. Neither seller, nor to the best of seller's knowledge, any third party has installed, used
or removed any storage tank on, from or in connection with the property, and, to the best of seller's
knowledge, there are no storage tanks or wells (whether existing or abandoned) located on, under
or about the property. The property does not consist of any building materials that contain
hazardous material. For purposes hereof, "hazardous materials" shall mean any substance,
chemical, waste or other material which is listed, defined or otherwise identified as "hazardous" or
"toxic" under any federal, state, local or administrative agency ordinance or law, including without
limitation, the Comprehensive Environ-mental Response, Compensation and Liability Act, 42
U.S.C. '9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the
Federal Water Pollution Control Act, U.S.C. '1251 et seq; the Clean Air Act, 42 U.S.C. '7401 et
seq.; the Hazardous Materials Transportation Act, 49 U.S.C. '1471 et seq.; Toxic Substances
Control Act, 15 U.S.C. '2601 et seq.; Refuse Act, 33 U.S.C. '407 et seq.; Emergency Planning &
Community Right-To-Know Act, 42 U.S.C. '11001 et seq.; Occupational Safety & Health Act, 29
U.S.C. '65 et seq., to the extent it includes the emission of any hazardous material and includes any
hazardous material for which hazard communications standards have been established, Federal
Insecticide, Fungicide, Rodenticide Act, Federal Pesticide Act of 1978, 7 U.S.C. '136 et seq.;
Federal Safe Drinking Water Act, 42 U.S.C. '300(f) et seq.; or any similar analogous state or local
statute or ordinance, or any regulation, order, rule, or requirement adopted thereunder, as well as
any formaldehyde, urea, polychlorinated biphenyls, petroleum, petroleum product or by-product,
crude oil, natural gas, natural gas liquids, liquified natural gas or synthetic gas useable for fuel or
mixture thereof, radon, asbestos, and "source", "special nuclear" and "by-product" material as
defined in the Atomic Energy Act of 1985, 42 U.S.C. '3011 et seq.
11.1.6 Liens. All persons and entities supplying labor,
materials and equipment to the property have been paid and there are no claims of liens or service
contracts applicable to the property.
REAL ESTATE PURCHASE
AND SALE AGREEMENT 4
11.1.7 Foreign Person or Entity. Seller is not a foreign
person, non-resident alien, foreign corporation, foreign partnership, foreign trust or foreign estate,
as those terms are defined in the Internal Revenue Code and the Income Tax Regulations
promulgated thereunder. At closing, seller shall deliver to purchaser a certificate of nonforeign
status in form required by the Income Tax Regulations and reasonably acceptable to purchaser.
In the event seller shall not deliver such certificate to purchaser at closing, purchaser may withhold
10% of the purchase price and submit each withholding to the Internal Revenue Service pursuant
to Section 1445 of the Internal Revenue Code.
11.1.8 Closing Contingencies. Purchaser 's obligation to
close this transaction shall be further conditioned upon all of seller's representations and warranties
set forth in this Section 11 thereof being true, correct and complete as of closing.
The representations and warranties made by seller shall be true and correct as of the
date hereof and shall be deemed automatically reaffirmed on the closing date as true and correct.
Purchaser's right to enforce such representations and warranties and covenants shall survive the
closing and such rights to enforce shall not be merged into any documents delivered by seller at
closing. Seller shall indemnify, defend and hold purchaser harmless from and against any cause,
claim, loss, damage or expense, including attorney's fees, which purchaser suffers as a result of a
breach of the representations, warranties and covenants contained in this agreement. It is expressly
agreed and understood that the effect of the representations and warranties made in this agreement
shall not be diminished or deemed to be waived by any inspections, tests, investigations or
discoveries made by purchaser or its agents.
11.2 Purchaser's Warranties. Purchaser represents and warrants to
seller that purchaser is a Washington state municipal corporation, validly existing and in good
standing under the laws of the State of Washington, and execution of this agreement by purchaser
and its delivery to seller shall have been duly authorized by purchaser and no further corporate
action is necessary on the part of purchaser to make this agreement fully and completely binding
upon purchaser in accordance with its terms.
12. CLOSING. The sale shall be closed within 30 days after preliminary
commitment for title insurance policy is delivered showing title insurance, as provided, or after
completion of financing, if financing is called for herein, whichever is later, but in any event not
later than the 31st day of August, 2010, which shall be the termination date. Purchaser and seller
shall deposit with closing agent all instruments, documents and monies necessary to complete the
sale in accordance with this agreement. Escrow fees, if any, shall be divided equally between
seller and purchaser.
13. CLOSING DATE. For purposes of this agreement, "date of closing"
shall be construed as the date upon which all appropriate documents are recorded and proceeds of
this sale are available for disbursement to seller. Funds held in reserve accounts pursuant to
escrow instructions shall be deemed, for purposes of this definition, as available for disbursement
to seller.
REAL ESTATE PURCHASE
AND SALE AGREEMENT 5
14. DESTRUCTION OF PREMISES. If prior to closing, improvements
on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement
at option of purchaser shall become null and void.
15. FIXTURES INCLUDED. All attached floor coverings, attached
television antenna, window screens, screen doors, storm windows, storm doors, plumbing and
lighting fixtures (except floor, standing and swag lamps), shades, venetian blinds, curtain rods,
attached bathroom fixtures, trees, plants, shrubbery, water heating apparatus and fixtures,
awnings, ventilating, cooling and heating systems including built in and "drop in" ranges (but
excepting all other ranges) that are now on the premises shall be included in the sale unless
otherwise provided herein. All leased appliances and other leased fixtures are included in sale
unless specifically stated herein.
16. SMOKE DETECTOR CERTIFICATION. The seller certifies that
there is a properly operating smoke detector in the residence which has been installed in
accordance with 30.53.200 Section 1007.2.9.3.4 through 1007.2.9.3.7 of the Snohomish County
Code.
17. DISCLOSURE STATEMENT. If applicable, the parties agree to
record a Right to Farm or Right to Practice Forestry Disclosure Statement at the time of the sale.
18. LEAD WARNING STATEMENT. Every purchaser of any interest in
residential real property on which a residential dwelling was built prior to 1978 is notified that
such property may present exposure to lead from lead-based paint and may place young children at
risk of developing lead poisoning. Lead poisoning in young children may produce permanent
neurological damage including learning disabilities, reduced intelligence quotient, behavioral
problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women.
The seller of any interest in residential real property is required to provide the buyer with any
information on lead-based paint hazards from risk assessments or inspections in the seller's
possession and notify the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase.
The seller has no knowledge of lead-based paint and/or lead-based paint hazards
in the housing. Seller has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing. Purchaser acknowledges receipt of the pamphlet "Protect Your
Family From Lead In Your Home".
Having been advised above, the purchaser waives the opportunity to conduct a
risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
Initials: Buyer ______ Seller ________
There are no other verbal or other agreements which modify or affect this
REAL ESTATE PURCHASE
AND SALE AGREEMENT 6
agreement. Time is of the essence of this agreement.
DATED this _____ day of _________________, 2010.
CITY OF ARLINGTON, Purchaser
Purchaser's Address & Phone:
238 N. Olympic Avenue By: ___________________________________
Arlington, WA 98223 Margaret Larson, Mayor
(360) 403-3441
Seller's Address & Phone: ___________________________________
Yasuko Conner, Seller
8043 Wallingford Avenue N.
Seattle, WA 98103
_____________ (Phone)
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT D
COUNCIL MEETING DATE:
June 21, 2010
SUBJECT: Interlocal Agreement for Fire
Investigative Services
DEPARTMENT OF ORIGIN:
FIRE
Contact: Jim Rankin, Fire Chief
ATTACHMENTS:
Proposed Agreement
EXPENDITURES REQUESTED: None
BUDGET CATEGORY:
LEGAL REVIEW: In Progress
DESCRIPTION: The existing agreement for fire investigation services expired March 2008. The
agreement provides fire investigation services through the County Fire Marshal’s Office.
Services included in the agreement are: Cause and origin determination; Documentation of the
investigation scene; interviewing witnesses; and coordination with the Police Department on
any necessary criminal investigation follow-up.
HISTORY: The City has had an agreement for fire investigation services for many years.
Through this agreement the City has available to it all five members of the County Fire
Marshal’s Investigation Unit at a very reasonable cost. By entering into this agreement the City
is only charged for a single hourly rate irrespective of how many investigators are need to
conduct the investigation.
ALTERNATIVES:
Send fire and police personnel to fire investigation certification courses.
RECOMMENDED ACTION: Approve the Inter-Local agreement and authorize the Mayor to
sign the agreement.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT E
COUNCIL MEETING DATE:
June 21, 2010 meeting
SUBJECT:
Financial Software Purchase
DEPARTMENT OF ORIGIN: Finance
CONTACT: Jim Chase, Finance Director
403-3422
ATTACHMENTS:
1. Bid Proposal
EXPENDITURES REQUESTED: Purchase Financial Software
BUDGET CATEGORY: Capital Outlay
LEGAL REVIEW:
DESCRIPTION:
The time has come to purchase new financial software.
Staff viewed demonstrations from two companies that have software specific to small cash-basis
cities in the State of Washington. These companies are both headquartered in Spokane. Each
software has the BARS (Budgeting, Accounting Reporting System) integrated into the system,
which use is mandated by the State Auditor’s Office.
Staff felt the BIAS (BARS Integrated Accounting System) Accounting Software was the preferred
choice in both ease of use and price ($41,728). Vision Municipal Solutions is the other company
($43,300). Each has offered 2, 3 and 5 year financing at no interest.
The Airport office and the Cemetery office would also use the software.
The critical issue at hand is with the Utility Billing Program. Moving to monthly billing has
uncovered some challenges in staying with the old (ASP) program.
What little user documentation there is, is old and outdated.
BIAS has a utility billing program currently up and running where Vision is in the process of
writing one but will not be available until sometime in 2011.
Currently 61 cities in Washington use the BIAS system. 46 use cities use Vision.
HISTORY:
The company that wrote and supported the ASP program is no longer in business. It was
originally purchased in 1992.
ALTERNATIVES:
1. Table for additional review
2. Do not purchase new software and continue to use ASP.
RECOMMENDED ACTION:
Authorize the purchase the BIAS Software program.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #4
ATTACHMENT F
COUNCIL MEETING DATE:
June 21, 2010
SUBJECT:
Proposed Resolution to adopt dog
licensing fees
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Resolution adopting dog licensing fees
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is complete
DESCRIPTION:
City staff is proposing revisions to the City’s dog licensing fees. The proposed were requested to
be placed in Resolution format at the June 14, 2010 Council Workshop.
HISTORY:
Dog Licensing fees have not be updated in at least 10 years.
ALTERNATIVES:
Do not adopt the proposed Resolution.
Remand to staff with specific direction.
RECOMMENDED MOTION:
I move Council adopt the proposed Resolution adopting dog licensing fees.
RESOLUTION NO. 2010-xxx
RESOLUTION NO.
2010-xxx
A RESOLUTION ADOPTING A FEE SCHEDULE
FOR DOG LICENSES
WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain
actions and services; and,
WHEREAS, these various ordinances set forth that fees shall be set by resolution; and,
WHEREAS, the cost of providing these various services consistent with applicable codes,
regulations, and policies periodically increase or decrease, or certain services or practices are
discontinued and fees are no longer needed; and,
WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges
that are consistent with the services provided and to cover the public cost of providing these
various services so that the public is not subsidizing individual benefits derived therefrom;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON AS FOLLOWS:
The following fees for dog licenses are hereby adopted:
Section 1. Dog Licensing Fees.
License Fee ($)
Dog - unaltered $ 20
Dog – altered $ 10
Dog – altered (senior citizen owner) $ 5
Dog – altered & micro-chipped $ 5
Replacement Tag fee $ 5
Late Fee – for failure to purchase annual
license before March 1
$ 10
Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing
impaired person not to be charged a fee to license his or her dog guide, or a request by a
physically disabled person not to be charged a fee to license his or her service animal.
All dogs require proof of current Rabies vaccination to be licensed.
Proof is also required for alteration and micro-chip to be eligible for the reduced fee.
RESOLUTION NO. 2010-xxx
Section 2. Effective Date.
This resolution will become effective on July 1, 2010.
PASSED by the City Council and APPROVED by the Mayor this _____ day of
______________________ 2010.
CITY OF ARLINGTON
_________________________________
Margaret Larson, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #5
ATTACHMENT G
COUNCIL MEETING DATE:
June 21, 2010
SUBJECT:
Ordinance amending and repealing certain
sections of Arlington Municipal Code Title 15
relating to fire regulations
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Ordinance amending and repealing certain sections of Arlington Municipal Code Title 15
relating to fire regulations
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is complete
DESCRIPTION:
Revisions to AMC Title 15 regarding fire regulations are now ready for Council approval.
AMC Title 15 discusses a variety of regulations relating to fire services, including access to fire
hydrants.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
Remand to staff with specific edits.
RECOMMENDED MOTION:
I move Council adopt the presented Ordinance amending and repealing certain sections of
Arlington Municipal Code Title 15 relating fire regulations.
Ordinance No. 2010-xxx 1
ORDINANCE NO.
2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF
ARLINGTON MUNICIPAL CODE TITLE 15 RELATING TO FIRE
REGULATIONS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 15, relating to fire regulations;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 15.10.010 is amended to read as
follows:
15.10.010 Title
This chapter shall be known as the Fire Code of the City of Arlington.
.
Section 2. Arlington Municipal Code Section 15.10.020 is amended to read as
follows:
15.10.020 Document adopted by reference
The 2009 edition of the International Fire Code, including the following chapters of its
appendix: B, F, H, I and J, as published by the International Code Council as set forth in
Washington Administrative Code Chapter 51-54 and adopted by the Washington State
Building Code Council under the provisions of RCW 19.27, is adopted by reference as
the city's fire code.
.
Section 3. Arlington Municipal Code Section 15.10.050 is amended to read as
follows:
15.10.050
The fire chief shall have the authority to assess fees for failure to make corrections of fire
or life/safety notifications as conducted by the Fire Chief or his/her designee through the
City of Arlington Fire Department’s inspection program. There shall be no fine assessed
for the initial inspection or the first reinspection. If, after the first reinspection, fire or
life/safety violations have not been corrected, the Fire Chief may assess a fine as set forth
in the City’s fee resolution.
Administration and enforcement – Inspections
Ordinance No. 2010-xxx 2
Section 4. Arlington Municipal Code Section 15.10.070 is amended to read as
follows:
15.10.070 Amendments
The following sections of the International Fire Code shall be amended to read as
follows:
.
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of
Arlington, hereinafter referred to as "this code."
Section 103.1 General. The Department of Fire Prevention, also known as the Arlington
Fire Department, is established within the jurisdiction under the direction of the fire code
official. The function of the department shall be the implementation, administration and
enforcement of the provisions of this code.
Section 105.1.1 Permits Required. Operational Permits required by this code shall be
applied for and obtained through the City of Arlington Permit fees, if any, shall be paid
prior to issuance of the permit. Issued permits shall be kept on the premises designated
therein at all times and shall be readily available for inspection by the Fire Code Official
and the Building Official.
Section 105.4.1 Submittals. Submittals shall be made to the City of Arlington Permit
Center. Construction documents shall be submitted in one or more sets and in such a form
and detail as required by the Building Official.
Section 108 Board of Appeals. If an appeal is filed, the appeal shall be processed through
the City’s hearing examiner process.
Section 501.4 Timing of Installation. When fire apparatus access roads or a water supply
for fire protection is required to be installed, such protection shall be installed and made
serviceable prior to issuance of any building permit for the project, except grading
permits, and during the time of construction, except when approved alternative methods
of protection are provided. Temporary street signs shall be installed at each street
intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505.2.
Section 503.1.4 Obstruction prohibited. Parking of motor vehicles or otherwise
obstructing marked fire lanes is prohibited and said vehicle is subject to be towed at the
owner’s expense.
Section 503.2.8 Distance from Structures. Fire apparatus access roadways shall be a
minimum of 5 feet away from the exterior wall of structures, or as otherwise required due
to construction type.
Ordinance No. 2010-xxx 3
Section 503.3 Signs. When required by the Fire Code Official, identified fire access
roads shall be identified with permanent approved signage that indicates FIRE LANE-
NO PARKING-TOW AWAY ZONE. Signs shall be permanently mounted in locations
as directed by the Fire Code Official. The use of ground level markings on pavement,
curbing or other shall only be allowed in applications as approved by the Fire Code
Official.
Section 503.7 Enforcement. Enforcement of Section 503.1.4 of the International Fire
Code shall be the responsibility of the City Police Department which shall have the
authority to impound or otherwise cause such obstruction to be removed.
Section 508.5.1 Where Required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant
on a fire apparatus access road, as measured by an approved route around the exterior of
the facility or building, on-site fire hydrants and mains shall be provided where required
by the Fire Code Official.
EXCEPTION;
1. For Group R-3 and U occupancies, the distance requirement shall be 600 feet.
2. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall
be 600 feet.
Section 912.2 Fire Department Connections. The location of fire department connections
shall be approved by the fire code official.
Section 5. Arlington Municipal Code Section 15.12.010 is amended to read as
follows:
15.12.010
Any person who, with intent to prevent, obstruct, or delay the extinguishment of any fire,
does prevent ,obstruct, or delay the extinguishment of any fire, is guilty of a
misdemeanor.
Obstruction of fire extinguishment.
Section 6. Arlington Municipal Code Section 15.12.020 is amended to read as
follows:
15.12.020
Every person who, at the burning of any building or any life rescue scene, disobeys the
lawful orders of a public officer or fire official or resists or interferes with the lawful
efforts of any firefighters, or company of firefighters to extinguish the fire and save said
life, or who forbids, prevents or dissuades others from assisting therewith, is guilty of a
misdemeanor.
Obstruction of the fire department.
Section 7. Arlington Municipal Code Section 15.12.030 is amended to read as
follows:
15.12.030 False fire alarms.
Ordinance No. 2010-xxx 4
Any person who knowingly causes or makes any false fire alarm, is guilty of a
misdemeanor.
Section 8. Arlington Municipal Code Section 15.12.040 is repealed in its entirety.
Section 9. Arlington Municipal Code Section 15.16.010 is amended to read as
follows:
15.16.010
It is the intent of this chapter to amend the city's fireworks regulations to bring them into
compliance with the recently adopted state fireworks regulations. This chapter amends
the city's fireworks regulations to comply with Chapter 70.77 RCW, as amended by
Chapter 370, Laws of 2002. This provides a procedure for the granting of licenses, and
the possession, sale and discharge of approved fireworks, classified as such by the State
Fire Marshal, and not to permit the possession, sale, or use of any other fireworks
classified as dangerous fireworks by the State Fireworks Law, or otherwise prohibited by
the ordinance of the city.
Intent.
Section 10. Arlington Municipal Code Section 15.16.050 is amended to read as
follows:
15.16.050
No license or permit is required for the possession or use of consumer fireworks lawfully
purchased at retail.
License application.
The fireworks license will be issued only to such applicants who meet the following
qualifications:
(a) Nonprofit charitable, religious, or eleemosynary corporations, organized and existing
primarily for veterans, patriotic, religious, charitable or civic betterment purposes; and
(b) Said corporation or association has its principal and permanent meeting place in the
city, and has been organized and established in the city, for a period of at least one year
prior to the date application is made for a fireworks license.
Application for a license:
(a) Will be made in writing accompanied by a license fee as set forth in the City’s fee
resolution;
(b) Will be made ninety days prior to the discharge date. Applicants for any such license
will be notified by the city clerk of the granting or rejection of their application for
license and if any applicants are not granted a license, the fee will be refunded.
(c) Will set forth the proposed location of the fireworks stand applied for; and
(d) Will be accompanied by an assurance that if the license is issued to applicant,
applicant will, at the time of receipt of such license, deliver to the city clerk a liability
insurance policy with coverage of not less than fifty thousand dollars and five hundred
thousand dollars for bodily injury liability for each person and occurrence respectively,
and not less than fifty thousand dollars for property damage liability for each occurrence,
unless such insurance is not readily available from at least three approved insurance
companies. If insurance in this amount is not offered, each fireworks permit will be
covered by a liability insurance policy in the maximum amount offered by at least three
Ordinance No. 2010-xxx 5
different approved insurance companies. A rider will be attached to the policy
designating the city as an additional insured there under.
Section 11. Arlington Municipal Code Section 15.16.110 is amended to read as
follows:
15.16.110
All retail sales of consumer fireworks will be permitted only from within a temporary
fireworks stand, and the sale from any other building or structure is prohibited.
Temporary stands will be subject to the following provisions:
Temporary firework stands.
(a) No fireworks stand will be located within twenty-five (25) feet of any other building,
nor within fifty feet of any gasoline station or distribution station;
(b) Fireworks stands need not comply with the provisions of the building code of the
city; provided, however, that all stands will be erected under the supervision of the fire
chief of the city, who will require that those stands be constructed in a manner and place
that will ensure the safety of attendants and patrons. Safety approved fire extinguishers
will be maintained at stands at all times;
(c) Each stand must have at least two exits;
(d) No fireworks stand will be located closer than six hundred (600) feet to another
fireworks stand;
(e) All weeds and combustible material will be cleared from the location of the stand,
including a distance of at least twenty feet (25) surrounding the stand;
(f) "No Smoking" signs will be prominently displayed on the fireworks stand;
(g) Each stand will be operated by adults only. No fire-works will be left unattended in a
stand;
(h) All unsold stock, accompanying litter, and the fireworks stand will be removed from
the location and the city by twelve noon on the sixth day of July and the second day of
January of each year.
Section 12. Arlington Municipal Code Section 15.16.120 is amended to read as
follows:
15.16.120
If the fireworks are not returned to the petitioner or destroyed, the city fire chief or State
Fire Marshal may sell confiscated consumer fireworks to wholesalers licensed by the
State Fire Marshal. Sale will be by public auction after publishing a notice of the date,
place and time of the auction in a newspaper of general circulation in Snohomish County
at least three days before the date of the auction. Proceeds of the sale of seized fireworks
will be deposited in the City’s general fund. Fireworks that are not legal for use and
possession will be destroyed by the city fire chief or State Fire Marshal.
Fireworks seizure proceedings.
Section 13. Arlington Municipal Code Section 15.16.130 is amended to read as
follows:
Ordinance No. 2010-xxx 6
15.16.130
It is expressly the purpose of this ordinance to provide for and promote the health, safety,
and welfare of the general public and not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or
benefited by the terms of this ordinance. It is the specific intent of this ordinance that no
provision or term used in this ordinance is intended to impose any duty whatsoever upon
the city or any of its officers or employees. Nothing contained in this ordinance is
intended nor will be construed to create or form the basis of any liability on the part of
the city, or its officers, employees or agents, for any injury or damage resulting from any
action or inaction on the part of the city related in any manner to the enforcement of this
ordinance by its officers, employees or agents.
General duty.
Section 14. Arlington Municipal Code Section 15.20.010 is repealed in its entirety.
Section 15. Arlington Municipal Code Section 15.20.020 is repealed in its entirety.
Section 16. Arlington Municipal Code Section 15.20.030 is repealed in its entirety.
Section 17. Arlington Municipal Code Section 15.20.040 is repealed in its entirety.
Section 18. Arlington Municipal Code Section 15.20.050 is repealed in its entirety.
Section 19. Arlington Municipal Code Section 15.20.060 is repealed in its entirety.
Section 20. Arlington Municipal Code Section 15.20.070 is repealed in its entirety.
Section 21. Arlington Municipal Code Section 15.20.080 is repealed in its entirety.
Section 22. Arlington Municipal Code Section 15.20.090 is repealed in its entirety.
Section 23. Arlington Municipal Code Section 15.20.100 is repealed in its entirety.
Section 24. Arlington Municipal Code Section 15.20.110 is repealed in its entirety.
Section 25. Arlington Municipal Code Section 15.20.120 is repealed in its entirety.
Section 26. Arlington Municipal Code Section 15.20.130 is repealed in its entirety.
Section 27. Arlington Municipal Code Section 15.20.140 is repealed in its entirety.
Section 28. Arlington Municipal Code Section 15.20.150 is repealed in its entirety.
Section 29. Arlington Municipal Code Section 15.20.160 is amended to read as
follows:
15.20.160
No one shall plant or allow vegetation or trees within three (3) feet of a fire hydrant. No
one shall plant or allow vegetation or trees, erect any structure, park any motor vehicle,
including, but not limited to, boats, trailers and so forth, and no activity may be
conducted on the city property or, rights-of-way which results in the obstruction of
Obstruction of visibility.
Ordinance No. 2010-xxx 7
visibility or accessibility to a fire hydrant for a distance of twenty feet. Both the owner
and occupant of any privately owned property on which a hydrant is located shall be
responsible for removing weed and tree growth from around the hydrant and shall
maintain clear access. The purpose of this section is to assure that the hydrant is plainly
visible.
Section 30. Arlington Municipal Code Section 15.20.170 is repealed in its entirety.
Section 31. Arlington Municipal Code Chapter 15.24 is repealed in its entirety.
Section 32. Severability
. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 33. Effective Date
. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 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:
New Business #7
ATTACHMENT H
COUNCIL MEETING DATE:
June 21, 2010
SUBJECT:
Ordinance amending and repealing certain
sections of Arlington Municipal Code Title 16
relating to building and construction
regulations
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Ordinance amending and repealing certain sections of Arlington Municipal Code Title 16
relating to building and construction regulations
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is complete
DESCRIPTION:
Revisions to AMC Title 16 regarding building and construction regulations are now ready for
Council approval. AMC Title 16 adopts the International Codes, as adopted by the state, with
minor revisions.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
Remand to staff with specific edits.
RECOMMENDED MOTION:
I move Council adopt the presented Ordinance amending and repealing certain sections of
Arlington Municipal Code Title 16 relating building and construction regulations.
Ordinance No. 2010-xxx 1
ORDINANCE NO.
2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING AND REPEALING CERTAIN SECTIONS OF
ARLINGTON MUNICIPAL CODE TITLE 16 RELATING TO
BUILDINGS AND CONSTRUCTION
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 16, relating to the regulation of buildings and their construction;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 16.04.010 is amended to read as
follows:
16.04.010 Title
This chapter shall be known as the Building Code of the City of Arlington.
.
Section 2. Arlington Municipal Code Section 15.10.020 is amended to read as follows:
16.04.020
The current edition of the International Building Code, as published by the International
Code Council, as set forth in Washington Administrative Code Chapter 51-50 and
adopted by the Washington State Building Code Council under the provisions of RCW
19.27, is adopted by reference as the city's building code.
Documents adopted by reference.
Section 3. Arlington Municipal Code Section 16.04.040 is amended to read as
follows:
16.04.040
The building official of the city shall be deemed to be the "building official" as defined in
Section 202 of the International Building Code. The Building Code shall be administered
and enforced by the building official of the city.
Administration and enforcement--Building official authority.
Section 4. Arlington Municipal Code Section 16.04.050 is repealed in its entirety.
Ordinance No. 2010-xxx 2
Section 5. Arlington Municipal Code Section 16.04.070 is amended to read as
follows:
16.04.070
The following sections of the International Building Code as adopted in Section
16.04.020 are amended to read as follows:
Amendments and additions.
Section 101.1 These regulations shall be known as the Building Code of the City of
Arlington, Washington hereinafter referred to as "this code".
Section 101.4.1 Electrical
The provisions of the National Electrical Code as set forth in the Washington
Administrative Code Chapter 296-46B as regulated and enforced by State of Washington
Labor & Industries, Electrical Division shall apply to the installation of electrical
systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
Section 101.4.4 Plumbing
The provisions of the City of Arlington Plumbing Code as adopted by the Arlington
Municipal Code Chapter 16.36 shall apply to the installation, alteration, repair and
replacement of plumbing systems, including equipment, appliances, fixtures, fittings and
appurtenances, and where connected to a water or sewage system and all aspects of
medical gas system. The provisions of the State of Washington requirements for private
sewage disposal shall apply to private sewage disposal systems.
Section 101.4.5 Property Maintenance
The provisions of the City of Arlington Property Maintenance Code as adopted by
Arlington Municipal Code Chapter 16.24 shall apply to existing structures and premises;
equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety
hazards, responsibilities of owners, operators and occupants; and occupancy of existing
premises and structures.
Section 101.4.7 Energy
The provisions of the State of Washington Energy Code as adopted by Arlington
Municipal Code Chapter 16.16 and the State of Washington Ventilation and Indoor Air
Quality Code as adopted in the International Residential Code and Arlington Municipal
Code Chapter 16.10 shall apply to all matters governing the design and construction of
buildings for energy efficiency.
Section 104.1 General
The Building Official is hereby authorized and directed to enforce the provisions of this
code, including any requirements or regulations imposed on a project as a condition of a
land use approval process, as those conditions relate to permit issuance as required in
Section 105.3.1.1 and issuance of a certificate of occupancy as required in Section
110.2.1. The Building Official shall have the authority to render interpretations of this
code and to adopt policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies and procedures shall be in compliance with the
Ordinance No. 2010-xxx 3
intent and purpose of this code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code.
Section 105.3.1.1 Prerequisites for issuance of permit:
The Building Official shall determine whether the following requirements have been met
prior to issuance of a permit:
1. Any requirements or regulations imposed on a project as a condition of a land use
approval process;
2. Any requirements or regulations imposed on a project as a condition the site civil
approval process;
3. Any transportation, school, parks or other mitigation or impact fees are paid;
4. Approval of Design Review as required by Arlington Municipal Code;
5. Compliance with the State Environmental Policy Act, as adopted by Arlington
Municipal Code;
6. Compliance with the Flood Management requirements as adopted by Arlington
Municipal Code;
7. Compliance with Environmentally Critical Areas Protection requirements as required
by Arlington Municipal Code.
Section 106.1 Submittal Documents
All plans for construction, erection, enlargement, alteration or repairs of building or
structures 4,000 square feet or over shall be designed, prepared and stamped by an
architect licensed by the state of Washington.
Section 108.3 Building Permit Valuation
The valuation for commonly built structures shall be determined by the most current
issue of the Building Safety Journal, which offers the legacy building valuation data fee
schedule as published by the International Code Council, adopted herein by reference.
Section 110.5 Violation of requirements for certificate of occupancy.
The City Council affirms that the issuance of any certificate of occupancy is of vital
importance in the safeguarding of life safety, property safety and health of occupants of
any structure; and further, that the enforcement of all city development regulations is of
vital importance to the city's economic vitality and the public good. Any person allowing
a building to be occupied without a certificate of occupancy first being issued as required
by this Chapter shall be subject to the civil penalty provisions of the Arlington Municipal
Code Chapters 1 and 11 and is subject to be abatement in accordance with the abatement
procedures specified in Arlington Municipal Code Chapter 16.48, including posting to
prevent occupancy.
Section 112 Board of Appeals is hereby not adopted.
Section 6. Arlington Municipal Code Section 16.04.080 is repealed in its entirety.
Section 7. Arlington Municipal Code Section 16.04.090 is repealed in its entirety.
Ordinance No. 2010-xxx 4
Section 8. Arlington Municipal Code Section 16.04.100 is repealed in its entirety.
Section 9. Arlington Municipal Code Section 16.04.110 is repealed in its entirety.
Section 10. Arlington Municipal Code Section 16.04.120 is repealed in its entirety.
Section 11. Arlington Municipal Code Section 16.04.130 is repealed in its entirety.
Section 12. Arlington Municipal Code Section 16.04.140 is repealed in its entirety.
Section 13. Arlington Municipal Code Section 16.04.150 is repealed in its entirety.
Section 14. Arlington Municipal Code Section 16.04.160 is repealed in its entirety.
Section 15. Arlington Municipal Code Section 16.06.010 is amended to read as
follows:
16.06.010
This chapter shall be known as the Performance Code of the City of Arlington.
Title.
Section 16. Arlington Municipal Code Section 16.06.020 is amended to read as
follows:
16.06.020
The current edition of the International Code Council Performance Code, as published by
International Code Council, as set forth in Washington Administrative Code Chapter 51-
50 and adopted by the Washington State Building Code Council under the provisions of
RCW 19.27, is adopted by this reference as the city's Performance Code.
Document adopted by reference.
Section 17. Arlington Municipal Code Section 16.06.040 is amended to read as
follows:
16.06.040
The Performance Code shall be administered and enforced by the city building official.
Administration and enforcement--Building official authority.
Section 18. Arlington Municipal Code Section 16.08.010 is amended to read as
follows:
16.08.010
This chapter shall be known as the Existing Building Code of the City of Arlington.
Title.
Section 19. Arlington Municipal Code Section 16.08.020 is amended to read as
follows:
16.08.020
The current edition of the International Existing Building Code, including Appendix A,
as published by International Code Council as set forth in Washington Administrative
Code Chapter 51-50 and adopted by the Washington State Building Code Council under
Document adopted by reference.
Ordinance No. 2010-xxx 5
the provisions of RCW 19.27, is adopted by this reference as the city's existing building
code.
Section 20. Arlington Municipal Code Section 16.08.040 is amended to read as
follows:
16.08.040
The Existing Building Code shall be administered and enforced by the city building
official.
Administration and enforcement--Building official authority.
Section 21. Arlington Municipal Code Section 16.08.050 is repealed in its entirety.
Section 22. Arlington Municipal Code Section 16.08.060 is amended to read as
follows:
16.08.060
Referenced codes and standards. The codes and standards referenced in this code shall be
considered part of the requirements of this code to the prescribed extent of each such
reference. Where differences occur between provisions of this code and referenced codes
and standards, the provisions of this code shall apply. References made to the
International Plumbing Code shall be replaced referencing the Uniform Plumbing Code.
References made to the International Code Council Electrical Code shall be replaced
referencing the National Electrical Code.
Amendments to Section 102.4.
Section 23. Arlington Municipal Code Section 16.08.070 is amended to read as
follows:
16.08.070
Creation of enforcement agency. All references to the term "code official" shall mean the
Building Official or any duly authorized representative.
Amendment to Section 103.1.
Section 24. Arlington Municipal Code Section 16.10.010 is amended to read as
follows:
16.10.010
This chapter shall be known as the Residential Code of the City of Arlington.
Title.
Section 25. Arlington Municipal Code Section 16.10.020 is amended to read as
follows:
16.10.020
The current edition of the International Residential Code, as published by the
International Code Council, as set forth in Washington Administrative Code Chapter 51-
51 and adopted by the Washington State Building Code Council under the provisions of
RCW 19.27, is adopted by reference.
Documents adopted by reference.
Ordinance No. 2010-xxx 6
Section 26. Arlington Municipal Code Section 16.10.040 is amended to read as
follows:
16.10.040
The building official of the city shall be deemed to be the "building official" as defined in
Section 202 of the International Building Code. The Residential Code shall be
administered and enforced by the building official of the city.
Administration and enforcement--Building official authority.
Section 27. Arlington Municipal Code Section 16.10.070 is amended to read as
follows:
16.10.070
The following sections of the International Residential Code as adopted in Section
16.10.020 are amended to read as follows:
Amendments and additions.
Section R112 Board of Appeals is hereby not adopted.
Section 28. Arlington Municipal Code Chapter 16.12 is repealed in its entirety.
Section 29. Arlington Municipal Code Section 16.16.010 is amended to read as
follows:
16.16.010
The Washington State Energy Code, current edition, as set forth in WAC Chapter 51-11,
and as adopted by the Washington State Building Code Council under the provisions of
RCW 19.27.020 and 19.27.045, is adopted by reference as the city's energy code.
Document adopted by reference.
Section 30. Arlington Municipal Code Chapter 16.20 is repealed in its entirety.
Section 31. Arlington Municipal Code Section 16.24.010 is amended to read as
follows:
16.24.010
This chapter shall be known as the Property Maintenance Code of the City of Arlington.
Title.
Section 32. Arlington Municipal Code Section 16.24.020 is amended to read as
follows:
16.24.020
The current edition of the International Property Maintenance Code, as published by the
International Code Council, is adopted by reference as the city's property maintenance
code.
Document adopted by reference.
Section 33. Arlington Municipal Code Section 16.24.060 is amended to read as
follows:
16.24.060 Amendment to Section 102.3.
Ordinance No. 2010-xxx 7
Application of other codes. Repairs, additions, or alterations to a structures, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the
International Existing Building Code. Nothing in this code shall be construed to cancel,
modify or set aside any provisions of the City of Arlington Land Use Code and
Development Design Guidelines.
Section 34. Arlington Municipal Code Section 16.24.070 is amended to read as
follows:
16.24.070
General. The Department of Building Safety is hereby created and the official in charge
thereof shall be known as the Building Official. All references to the term "code official"
shall mean the Building Official or any duly authorized representative.
Amendment to Section 103.1.
Section 35. Arlington Municipal Code Section 16.24.080 is amended to read as
follows:
16.24.080
Fees. The fees for activities and services performed by the department in carrying out its
responsibilities under this code shall be as set by resolution of the City Council.
Amendment to Section 103.5.
Section 36. Arlington Municipal Code Section 16.24.090 is amended to read as
follows:
16.24.090
Section 106.1 Unlawful Act. It shall be unlawful for a person, firm or corporation to be in
conflict with or in violation of any of the provisions of this code.
Amendment to Section 106.
Section 106.2 Notice of Violation. The code official shall serve a notice of violation or
order in accordance with Title 11 of the Arlington Municipal Code. Sections 106.3,
106.4, 106.5 are hereby deleted.
Section 37. Arlington Municipal Code Section 16.24.120 is amended to read as
follows:
16.24.120
Terms defined in other codes. When terms are not defined in this code and are defined in
the International Building Code, International Fire Code, Uniform Plumbing Code,
International Mechanical Code, International Existing Building Code, National Electrical
Code or the City of Arlington Land Use Code and Development Design Guidelines, such
terms shall have the meaning ascribed to them as in those codes.
Amendment to Section 201.3.
Section 38. Arlington Municipal Code Section 16.24.130 is amended to read as
follows:
16.24.130
Insect Screens. During the period from April 15th to October 15th, every door, window
and other outside opening required for ventilation of habitable rooms, food preparation
areas, food service areas or any areas where products to be included or utilized in food
Amendment to Section 304.14.
Ordinance No. 2010-xxx 8
for human consumption are processed, manufactured, packaged or stored, shall be
supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh
per 25mm) and every swinging door shall have a self-closing device in good working
condition.
Section 39. Arlington Municipal Code Section 16.24.140 is amended to read as
follows:
16.24.140
General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other
plumbing fixture shall be properly connected to either a public water system or to an
approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs
and showers shall be supplied with hot or tempered and cold running water in accordance
with the Uniform Plumbing Code.
Amendment to Section 505.1.
Section 40. Arlington Municipal Code Section 16.24.150 is amended to read as
follows:
16.24.150
Heat Supply. Every owner and operator of any building who rents, leases or lets one or
more dwelling units, rooming unit, dormitory or guestroom on terms, either expressed or
implied, to furnish heat to the occupants thereof shall supply heat throughout 360 days a
year to maintain a temperature of not less than 68ºF (20ºC) in all habitable rooms,
bathrooms, and toilets rooms.
Amendment to Section 602.3.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the
locality, maintenance of the minimum room temperature shall not be required provided
that the heating system is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
2. In areas where the average monthly temperature is above 30ºF (-1C) a minimum
temperature of 65ºF (18ºC) shall be maintained.
Section 41. Arlington Municipal Code Section 16.24.160 is amended to read as
follows:
16.24.160
Service. The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the National Electrical
Code. Dwelling units shall be served by a three-wire, 120/240 volt, single phase electrical
service having a rating of not less than 60 amperes.
Amendment to Section 604.2.
Section 42. Arlington Municipal Code Section 16.24.170 is amended to read as
follows:
16.24.170 Reference standards.
Ordinance No. 2010-xxx 9
The following reference standards in Chapter 8 are not adopted: ICC EC, and IZC. The
following standards are hereby adopted by reference and are to be added to Chapter 8:
NEC and UPC and the City of Arlington land use code and design guidelines.
Section 43. Arlington Municipal Code Section 16.28.020 is amended to read as
follows:
16.28.020
If there exists or should arise a conflict between the provisions or interpretations of the
various construction and life safety codes adopted in those chapters of this title preceding
this chapter, the provisions of Chapter 16.04 shall prevail, and any sections or provisions
of other codes in conflict therein shall be considered to be amended to be in conformity
with Chapter 16.04.
Conflict of building construction and life safety codes.
Section 44. Arlington Municipal Code Section 16.32.010 is amended to read as
follows:
16.32.010
This chapter shall be known as the Mechanical Code of the City of Arlington.
Title.
Section 45. Arlington Municipal Code Section 16.32.020 is amended to read as
follows:
16.32.020
(a) The current edition of the International Mechanical Code as published by the
International Code Council, as set forth in Chapter 51-52 of the Washington
Administrative Code and adopted by the Washington State Building Code Council under
the provisions of RCW 19.27.031 and 19.27.074, is adopted by this reference as the city's
mechanical code; provided, however, that the standards for liquefied petroleum gas
installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and
ANSI Z223.1/NFPA 54 (National Fuel Gas Code).
Document adopted by reference.
(b) Amendment to Section 106.5.2 Fee Schedule. Fees for mechanical permits shall be
set by resolution by the city council.
Section 46. Arlington Municipal Code Section 16.32.040 is amended to read as
follows:
16.32.040
The Mechanical Code shall be administered and enforced by the city building official.
Administration and enforcement--Building official authority.
Section 47. Arlington Municipal Code Section 16.32.060 is repealed in its entirety.
Section 48. Arlington Municipal Code Section 16.32.070 is repealed in its entirety.
Section 49. Arlington Municipal Code Section 16.32.080 is repealed in its entirety.
Ordinance No. 2010-xxx 10
Section 50. Arlington Municipal Code Section 16.32.090 is repealed in its entirety.
Section 51. Arlington Municipal Code Section 16.32.100 is repealed in its entirety.
Section 52. Arlington Municipal Code Section 16.36.010 is amended to read as
follows:
16.36.010 Title
This chapter shall be known as the Plumbing Code of the City of Arlington.
.
Section 53. Arlington Municipal Code Section 16.36.020 is amended to read as
follows:
16.36.020
(a) The current edition of the Uniform Plumbing Code as published by the International
Association of Plumbing and Mechanical Officials as set forth in WAC 51-56 as adopted
by the Washington State Building Code Council under the provisions of RCW 19.27.031
and 19.27.074 is adopted by reference as the plumbing code.
Document adopted by reference.
(b) All plumbing permit and other fees shall be set by separate resolution of the city.
Section 54. Arlington Municipal Code Section 16.32.060 is repealed in its entirety.
Section 55. Arlington Municipal Code Section 16.32.070 is repealed in its entirety.
Section 56. Arlington Municipal Code Section 16.32.080 is repealed in its entirety.
Section 57. Arlington Municipal Code Section 16.32.090 is repealed in its entirety.
Section 58. Arlington Municipal Code Chapter 16.48 is repealed in its entirety.
Section 59. Arlington Municipal Code Section 16.56.020 is amended to read as
follows:
16.56.020
Washington Administrative Code (WAC) Chapter 296-1501 is adopted by reference as
the city's standards for manufactured home installations.
Document adopted by reference.
Section 60. Arlington Municipal Code Section 16.56.050 is amended to read as
follows:
16.56.050
No person or firm shall install a manufactured home in the city meeting the definition set
forth in the sections adopted by Section 16.56.020 of this chapter prior to obtaining a
manufactured home installation permit from the city). Such permits shall be granted only
after proper application by the owner or installer of a manufactured home is made to the
city and the payment of a fee as set by city council resolution.
Compliance required, permit required.
Ordinance No. 2010-xxx 11
Section 61. Arlington Municipal Code Section 16.56.070 is amended to read as
follows:
16.56.070
All such manufactured homes installed within the city shall contain the insignia of
approval of the State of Washington or be exempt from such said insignia, all pursuant to
the standards of the State of Washington for the manufacture of such homes.
Insignia required.
Section 62. Arlington Municipal Code Chapter 16.60 is repealed in its entirety.
Section 63. Severability
. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 64. Effective Date
. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney