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HomeMy WebLinkAbout06-28-10 Council Workshop SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN 1. (10 min) AMC Title 14 ATTACHMENT A 2. (10 min) Airport Property Acquisition ATTACHMENT B 3. (5 min) Resolution Rejecting all bids from the Gifford sidewalks ATTACHMENT C project and authorizing staff to re-bid the project 4. (5 min) Six Year Transportation Improvement Plan 2011-2016 ATTACHMENT D 5. (5 min) Smokey Point Boulevard Overlay Project – Bid Results ATTACHMENT E 6. (5 min) Professional Services Agreement with J. Rankin ATTACHMENT F 7. Miscellaneous Council items ADJOURNMENT To download all attachments, click here Arlington City Council Workshop June 28, 2010 – 7 PM City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT A COUNCIL MEETING DATE: June 28, 2010 SUBJECT: Update of Arlington Municipal Code – Title 14 DEPARTMENT OF ORIGIN: Airport Contact: Rob Putnam, 360-403-3472 ATTACHMENTS: Strikeout version of Title 14 – Airport EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Legal review is ongoing DESCRIPTION: Proposed changes within Title 14 of the Arlington Municipal Code are attached for the Council’s review. AMC Title 14 discusses a variety of airport issues such as Ultralight, Glider, Aircraft parking, airport fees, fuel and general airport rules and regulations . HISTORY: The City Council is reviewing the Arlington Municipal Code to update it for eventual publication to the City’s website. ALTERNATIVES: RECOMMENDED MOTION: No action at this time. 188/191 (Arlington 12/05) Title 14 AIRPORT Chapters: 14.06 Ultralight Aircraft Regulations 14.07 Glider Regulations 14.08 Aircraft Parking 14.14 Aircraft Landing, Storage, Tie-down and Hangar- Rental Fees 14.16 Aviation Fuel Operations 14.20 Airport Rules and Regulations 14.06.010--14.06.030 191a (Arlington 12/05) Chapter 14.06 Ultralight Aircraft Regulations Sections : 14.06.010 Purpose and designation of airport. 14.06.020 General rules. 14.06.030 Airport surface operations. 14.06.040 Flight operations. 14.06.050 Safety. 14.06.060 Ultralight operation diagram. 14.06.070 Enforcement. 14.06.010 Purpose and designation of airport . This Chapter 14.06 is intended to provide for safe and orderly ground and flight operations of ultralight aircraft at the Arlington Municipal Airport. Hereafter in this chapter the word “airport” refers to the Arlington Municipal Airport.(Ord. 839 §1(part), 1983). 14.06.020 General rules (1) All aeronautical activities of ultralight aircraft arriving at or departing from the airport shall be conducted in conformity with the current pertinent provisions of the Federal Aviation Administration (FAA) and all other pertinent airport rules and regulations as set fourth in this chapter. . The following general rules shall govern all aeronautical activities of ultralight aircraft operators at the airport: (2) The airport manager may suspend or restrict any or all ultralight operations for reasons of safety or adverse weather conditions whenever such action is deemed necessary. (3) No person, firm, corporation or association shall operate any ultralight aircraft on the airport without first securing written permission to do so from the airport manager or his or her duly authorized representative. (4) The airport manager or his or her duly authorized representative shall at all times have the authority to take such action as they may deem necessary for safety of operation and to safeguard the public at the airport. (Ord. §1378 (part), 2005). 14.06.030 Airport surface operations (1) All ultralightairport flight operations shall be conducted from such takeoff and landing areas as are prescribed by the airport manager (see ultralight operation diagram, referred to in Section 14.06.060 and attached to the ordinance codified in this chapterattached hereto as Exhibit 14.06-1). . The following rules shall govern ultralight aircraft surface operations at the airport: 14.06.040 191b (Arlington 12/05) (2) All ultralight ground support activities shall be conducted only in areas prescribed by the airport manager (see ultralight operation diagram, referred to in Section 14.06.060 and attached to the ordinance codified in this chapter attached hereto as Exhibit 14.06-1). (3) All ultralight fixed base operators shall have the duty at all times to carry out the policies of the Arlington airport commission in respect to admission and control of children, pets and non-flying observers to or at the ultralight operations area. (4) Hours of activity may be specified by the airport manager and shall be consistent with the airport’s multi-use policies. (Ord. §1378 (part), 2005). 14.06.040 Flight operations (1) Traffic Pattern: . The following rules shall govern ultralight all aircraft flight operations at the airport utilizing the ultralight runway: (a) The ultralight traffic pattern shall have the same general rectangular configuration as described in the aeronautical information manual and the pattern entry and exit paths as shown in the ultralight operation diagram (see Section 14.06.060 ultralight operation diagram attached hereto as Exhibit 14.06-1). (b) The ultralight pattern shall be five hundred thirty-seven forty-two feet Mean Sea Level (MSL), or four hundred feet Above Ground Level (AGL). (c) The ultralight pattern entry and exit path shall be flown at the same altitude as the ultralight traffic pattern altitude from a point of at least three nautical miles from the airport. (d) Care shall be taken by all ultralight operators so as not to cross over any active runway approach area, runway, active taxiway, ramp, restricted zones, or hangar area, and to stay at least eight hundred feet horizontally from any of the above areas. (e) The airport manager shall have the right to change, alter, or adjust the ultralight traffic pattern to insure safety and minimum impact in respect to noise and to foster good relationships with persons living near the airport. (2) Ultralight flight operations shall be conducted only during daylight hours and during V.F.R. weather conditions as prescribed by the Federal Aviation regulations. (3) Operation Announcements: (a) The proper and approved ultralight operation area symbol diagram shall be displayed at all times in the designated ultralight operations area (see ultralight operations diagram, Section 14.06.060 attached hereto as Exhibit 14.06-1). (b) Ultralight activity information shall be included in the airport Unicom informationAirport/Facility Directory. 14.06.050 191c (Arlington 12/05) (c) Each All ultralight operators with knowledge of an unusual concentration of ultralight activity, such as a “fly- in”, competitive event, display or demonstration, shall be posted by “NOTAM” with the FAA by the airport manager, and all such proposed activities shall be made known to the airport manager in ample time for such posting notify the airport manager, who shall endeavor to issue a “NOTAM” with the FAA. (Ord. §1378 (part), 2005). 14.06.050 Safety (1) Pilot Qualifications: . The following safety rules shall govern ultralight aircraft operations at the airport: (a) No person shall operate an ultralight aircraft from or into the airport until that person has demonstrated to the airport manager, or to such other individual or association as the airport manager has appointed for this purpose, that such person has a thorough knowledge of appropriate airspace regulations and of the airport operation guidelines in the aeronautical information manual. All such persons are responsible for compliance with federal aviation regulations, whether such persons are FAA certified airmen or not. (ab) Ultralight pilots shall be familiar with local IFR procedures and with the nonstandard patterns flown by aircraft operating IFR or practice IFR. (bc) Ultralight pilots shall be aware of the effect of wake and helicopter rotor turbulence upon ultralight aircraft and aware of the proper separation criteria to be observed. (cd) Each ultralight pilot operating on the airport must demonstrate to the airport manager or to such individual or association as the airport manager has appointed for this purpose that pilot’s knowledge of the following matters and that pilot’s abilities in the following respects: ( i) Ability to Shall operate the ultralight aircraft in a safe and orderly manner; ( ii) Ability to Shall operate the ultralight aircraft within the allotted and designated area; (iii) Working knowledge of Shall operate the aircraft consistent with flight rules, traffic patterns and ground procedures. (e) No person shall pilot an ultralight aircraft at the airport unless that person shall have proved to the satisfaction of the airport manager or to such individual or association as the airport manager has appointed for this purpose that that person: ( i) Has satisfactorily completed a minimum of eight hours of ground instruction by a qualified instructor on air regulations and aerodynamics, general aircraft operations and pattern procedures. (Completion of an approved ground school may be substituted for this requirement.); 14.06.060--14.06.070 191d (Arlington 12/05) (ii) Has completed a minimum of five hours of flight time in ultralight aircraft within the last six months. (2) Equipment Qualifications (a) Each operator of an ultralight aircraft operationing on the airport shall be inspected and approved by the airport manager or by such individual or association as the airport manager has appointed for this purpose, and each aircraft shall meet the following criteria:responsible for determining the safe operating condition of the aircraft and that the aircraft shall meet the following conditions: ( i) All aircraft must pass a safety inspection as prescribed by the Experimental Aircraft Association (E.A.A.) Ultralight Division, or guidelines specified by the airport manager or by such individual or association as the airport manager has appointed for said purpose. ( ii) All aircraft must be equipped with an approved muffler system in perfect working condition. (iii) All aircraft must be equipped with a properly operating and accurate altimeter. ( iv) All pilots must have and use approved safety equipment, (e.g., helmet, eye protection, etc.), (Ord. §1378 (part), 2005). 14.06.060 Ultralight operation diagram (Ord. §1378 (part), 2005). . The ultralight operation diagram, attached to ordinance hereto as Exhibit 14.06- 1, is adopted and made a part of this chapter 14.06.070 Enforcement. The city and its duly authorized employees and representatives shall have the power and authority to enforce this chapter and all parts thereof, and may, in its discretion to protect the safety and welfare of the public, prohibit the use of the airport to any person, firm or corporation violating or having violated any rule, regulation or provision of this chapter, such prohibition to continue until such time as it may reasonably appear to the city that such violations will not recur. The city, or its representatives, may summarily eject or remove any such violators, together with the personal property of the violators, from the airport premises, whether or not the violation occurred upon leased premises on the airport. (Ord. §1378 (part), 2005). 14.07 191e (Arlington 12/05) Chapter 14.07 GLIDER REGULATIONS Sections: 14.07.010 Purpose and designation of airport. 14.07.020 Definitions 14.07.030 General rules. 14.07.040 Staging. 14.07.010--14.07.020 191f (Arlington 12/05) 14.07.050 Launching. 14.07.060 Thermaling. 14.07.070 Traffic Pattern. 14.07.080 Landing. 14.07.090 Glider Traffic Pattern Diagram. 14.07.100 Enforcement. 14.07.010 Purpose and designation of airport. This Chapter 14.07 is intended to provide for safe and orderly ground and flight operations of glider aircraft at the Arlington Municipal Airport. Hereafter in this chapter the word “airport” refers to the Arlington Municipal Airport (Ord. 1377 §1 (part), 2005). 14.07.020 Definitions. (1) “Airport” means the Arlington Municipal Airport at Arlington, Washington and includes all of the land, improvements, facilities, and developments within the boundaries of the airport. As used in this chapter: (2) “Airport Manager” means that person appointed by the mayor to be responsible for the day-to-day administration, operations, and maintenance of all city-owned Airport property, material assets, financial assets, and employees, or that person’s designee. (3) “Commercial Glider Operation” means any glider operation conducted by a person, firm or association where money is exchanged in return for services. (4) “Glider” means a heavier-than-air aircraft, that is supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine. (FAR/AIM 1998) (5) “Glider Club” means a nonprofit entity organized for the purpose of providing members access to aircraft for members’ personal use and enjoyment. (6) “Glider Landing Area” means the area on the airport set aside for the landing and takeoff of gliders. (7) “Glider Operations Area” means the area where gliders are launched, recovered, and parked during glider operations. (8) “Glider Trailer” means any trailer used to transport and/or store a glider. (9) “Operation” means any glider activities conducted by commercial glider organizations, club glider organizations, or private individuals on the airport. (10) “Runway” means an area of the airport developed and improved for the purpose of accommodating the landing and takeoff of aircraft. A defined rectangular surface on an airport prepared or suitable for the landing or takeoff of airplanes. (11) “Staging Area” means that area where all individuals who are not directly part of the glider operations gather (pedestrians, customers not flying, families, club members not assisting in operations, etc.). This area will be used by the 14.07.030--14.07.040 191h (Arlington 12/05) commercial and club organizations to answer questions, take money, and register customers. (12) “Taxiway” means an area of the airport developed and improved for the purpose of maneuvering aircraft on the ground between runways and aprons and between one part of the airport and another. (13) “Taxiway Connector” means an area of pavement that separates the runway from the taxiway. Aircraft use this area to move onto and off of the runway. (14) “Tow Plane” means any aircraft used to launch a glider (Ord. 1377 §1 (part), 2005). 14.07.030 General rules. (1) All aeronautical activities of glider aircraft and tow plane operators at the airport shall be conducted in conformity with the current pertinent provisions of the Federal Aviation Administration (FAA) and all other pertinent airport rules and regulations as set forth in this chapter. The following general rules shall govern all aeronautical activities of glider aircraft at the airport: (2) The airport manager or his or her duly authorized representative shall at all times have the authority to take such action as they may deem necessary for safety of operation and to safeguard the public at the airport (See regulation 14.20.100). (3) The airport manager may suspend or restrict any or all glider operations for reasons of safety or adverse airport conditions whenever such action is deemed necessary by him or her. (4) No person, firm, corporation or association shall conduct any commercial or glider club operations on the airport without first securing written permission to do so from the airport manager or his or her duly authorized representative. (5) All glider organizations conducting operations on the Airport are to possess the required level of insurance as indicated in the Airport’s Title 14. (6) All gliders (and tow planes) are strongly encouraged to shall use a functioning two-way VHF radio. (7) No glider shall be left unattended unless it is properly tied down in an approved tie-down location. Glider owners are to provide their own tie-down ropes. (8) Gliders will not be parked or left with any part extending over any taxiway. (9) Glider trailers are to be parked either on private leased property or in the designated trailer parking area (Ord. 1377 §1 (part), 2005). 14.07.040 Staging. (1) As part of the glider operations at Arlington Municipal Airport, there shall be a designated staging area to control pedestrian access to the airport operations area. The staging The following general rules shall govern all glider staging operations at the airport: 14.07.050 191h (Arlington 12/05) area shall be separate from the glider operations area, and shall be located East of Taxiway Alpha. In addition, the staging area shall not be located on any aircraft movement surface and shall not interfere with normal aircraft operations. (2) The designated staging area shall be used by the commercial and club glider organizations to answer questions and register customers, and shall be the location from which customers are directed escorted to the glider operations area. (3) The glider clubs shall use the staging area during any club events, and should use it as a viewing area for any individuals not directly involved in club operations. (4) The glider organizations among themselves shall coordinate safe access to the glider operations area from the staging area. In addition, each day at the start of operations, a field manager shall be designated to coordinate the operations between all glider organizations. The field manager shall wear an identifying safety vest at all times. (5) All individuals are to be given a safety briefing regarding the procedure and hazards associated with airport operations before being allowed access to the glider operations area. (6) As soon as an individual has finished a glider ride, he or she is to be directed back to the staging area. The only exception is if the individual must remain in the glider operations area for training purposes. (See AMC 14.20.090(e).) (7) The glider operations area shall be free of all objects except tow planes, gliders, and that equipment which is necessary for conducting safe operations. No passenger vehicles may be parked or left standing in the glider operations area. (8) Each glider organization shall be held responsible for the violation of any of these regulations by customers or members of that organization (Ord. 1377 §1 (part), 2005). 14.07.050 Launching. (1) Standard Soaring Society of America (S.S.A.) procedures and hand signals are to be used. The following general rules shall govern all glider launching operations at the airport: (2) At no time shall a glider be launched when there is conflicting traffic. The pilot and wing runner shall assure that departures will not conflict with aircraft that are taxiing, taking-off or landing. (3) The tow pilot is strongly encouraged shallto announce all departures on UNICOM frequency prior to take-off roll. (4) When taking-off to the North, gliders shall be launched from the grass area adjacent to taxiway connector A2. When taking off to the South, the gliders shall be launched from the grass area adjacent to taxiway connector A3. (Refer to Figure 14-1) (Ord. 1377 §1 (part), 2005). 14.07.060--14.07.100 191i (Arlington 12/05) 14.07.060 Thermaling. (1) There is to be no thermaling below 1500 ft Mean Sea Level (M.S.L.) within 1 mile of the traffic pattern (Ord. 1377 §1 (part), 2005). The following general rules shall govern all thermaling activities of gliders operating at the airport: 14.07.070 Traffic Pattern. (1) Glider traffic patterns will be east of the airport at all times. The following rules shall govern the glider traffic pattern at the airport: (2) Traffic pattern altitude shall be 1000 ft M.S.L. Glider pilots will use a 45 degree entry to the downwind. (Refer to Figure 14-1) (3) The tow plane shall fly the normal powered traffic pattern as indicated in the airport traffic pattern map, and may land on existing turf strip adjacent to, and at the end of Runway 34. Tow planes that are landing to the North are to fly over State Road 531/172nd at an altitude of at least 200 ft Above Ground Level (AGL) to clear the rope. Tow planes landing to the South are to fly in at an angle to avoid the Instrument Landing System (ILS) antennas. (Refer to Diagram) (Ord. 1377 §1 (part), 2005). 14.07.080 Landing. (1) Gliders equipped with radios are strongly encouraged to shall announce traffic pattern entry on the CTAF frequency, and shall announce their position in the traffic pattern (45 and Downwind). The following rules shall govern glider landing procedures at the airport: (2) Except in cases of emergency, gliders shall utilize only the designated glider landing areas as indicated in the Airport Master Plan. (3) When landing to the North, gliders shall land on that portion of the glider landing area that is located South of taxiway connector A2. When landing to the South, gliders shall land on that portion of the glider landing area that is located North of taxiway connector A3. (Refer to Diagram) (Ord. 1377 §1 (part), 2005). 14.07.090 Glider traffic pattern diagram. The glider traffic pattern diagram, attached to this section as Figure 14-1, is adopted and made a part of this chapter (Ord. 1377 §1 (part), 2005). 14.07.100 Enforcement. The city and its duly authorized employees and representatives shall have the power and authority to enforce this chapter and all parts thereof, and may, at its 14.07.060--14.07.100 191i (Arlington 12/05) discretion to protect the safety and welfare of the public, prohibit the use of the airport to any person, firm or corporation 14.07.100 191j (Arlington 12/05) violating or having violated any rule, regulation or provision of this chapter, such prohibition to continue until such time as it may reasonably appear to the city that such violations will not recur. The city, or its representatives, may summarily eject or remove any such violators, together with the personal property of the violators, from the airport premises, whether or not the violation occurred upon leased premises on the airport (Ord. 1377 §1 (part), 2005). 14.08.010--14.08.020 191-1 (Arlington 2/83) Chapter 14.08 AIRCRAFT PARKING Sections: 14.08.010 Illegal parking or aircraft defined. 14.08.020 Summary impoundment and storage of illegally parked aircraft--Expense of impounding and storage--Notice not required. 14.08.030 Possession of impounded aircraft--Impounding and storage charges--Lien--Enforcement of lien--Release of aircraft. 14.08.040 Charges for impounding and storage--Payment. 14.08.050 Each day a separate offence. 14.08.060 Implied consent to impounding and storage. 14.08.070 Criminal penalty for violation. 14.08.080 Severability. 14.08.010 Illegal parking of aircraft defined a violation of the municipal code for any person to park any aircraft a the Arlington Municipal Airport longer than twenty- four consecutive hours unless that person has entered into . It is a signed written lease or rental agreement for the payment of rent for the privilege of parking the aircraft, and anyone so violating this section shall be guilty of the offense of il- legal parking of aircraft. (Ord. 808 §1, 1982: Ord. 630 §1 1972). 14.08.020 Summary impoundment and storage of illegally parked aircraft--Expense of impounding and storage--Notice not required give any notice of such impounding and storage. (Ord. 630 . Any aircraft parked in violation of Section 14.08.010 shall be subject to be summarily impounded, stored and held by the city, acting through its airport manager, airport custodian, police department, or other authorized person, entirely at the expense and risk of the person so parking the aircraft. It is unnecessary for the city to §1 (part), 1972). 14.08.030--14.08.080 191-2/191-13 (Arlington 4/98)) 14.08.030 Possession of impounded aircraft--Impound- ing and storage charges--Lien--Enforcement of lien--Release of aircraft tion of Section 14.08.010, and charges for impounding and storage as set fourth in Section 14.08.040 shall be assessed and payable, and the city shall have a lien upon the air- . The city shall have the right to retain pos- session of any aircraft impounded and stored for a viola- craft for these charges, which lien may be enforced in the same manner as towing and storage liens generally are en- forced under the laws of the state of Washington. To air- craft impounded shall be released until all charges and storage fees shall have been paid. (Ord. 630 §1 (part), 1972). 14.08.040 Charges for impounding and storage--Pay- ment port shall be as set forth herein. The charge for impound- . The charges for impounding and for storage of an aircraft illegally parked at the Arlington Municipal Air- ing an illegally parked aircraft shall be two hundred fifty dollars or the actual cost to the city to have the aircraft impounded or immobilized, whichever is greater. The charge for storage of an illegally parked aircraft shall be ten dollars per day or the actual cost to the city to have the aircraft stored, whichever is greater. These charges shall be paid prior to the release of the aircraft to its owner or the owner’s agent. If the charges are not paid within thirty days after impoundment, the city may proceed to enforce its lien, as provided for in §14.08.030. (Ord. 1144 §1, 1997: Ord. 630 §1 (part), 1972). 14.08.050 Each day a separate offense . Each day of violation of Section 14.08.010 shall be a separate offense. (Ord. 630 §1 (part), 1972). 14.08.060 Implied consent to impounding and storage to have given consent to the impounding and storage of the same by the city and to a lien thereon, at the sole cost, expense, and risk of that person. (Ord. 630 §1 (part), . Any person who parks an aircraft at the Arlington Municipal Airport in violation of Section 14.08.010 shall be deemed 1972). 14.08.070 Criminal penalty for violation ty for violation of Chapter 14.08 shall be that provided in Section 1.04.010. (Ord. 630 §1 (part), 1972). . The penal- 14.08.080 Severability tion to be illegal or unconstitutional, such declaration . If any section of Chapter 14.80 shall be declared by a court of competent jurisdic- shall not affect the remaining sections of this chapter. (Ord. 630 §1 (part), 1972). 14.14.010--14.14.030 191-14 (Arlington 2/83) Chapter 14.14 AIRCRAFT LANDING, STORAGE, TIE-DOWN AND HANGAR-RENTAL FEES Sections : 14.14.010 Payment of landing, storage, tie-down and hangar-rental fees. 14.14.020 Fees for aircraft storage, tie-down and han- gar rental. 14.14.030 Landing fees. 14.14.040 Penalty for nonpayment of fees by due date. 14.14.010 Payment of landing, storage, tie-down and hangar-rental fees pal Airport for aircraft landings, storage, tie-down park- . Every person using the Arlington Munici- ing or storage, and hangar storage of aircraft shall, at the time specified, pay to the city such fees therefore as shall from time to time be fixed in the manner set forth in this chapter; provided, that the airport commission may waive any landing or tie-down fees for aircraft in connection with authorized air shows and fly-ins. (Ord. 804 §§l(part) and 2(part), 1982). 14.14.020 Fees for aircraft storage, tie-down and hangar rental cluding tie-down parking or storage fees, and hangar-rental fees, shall be fixed from time to time by the airport com- mission in such amounts as to provide reasonable returns for . The fees and the method and time of payment thereof which shall be charged for aircraft storage, in- the facility leased or used, which fees shall be approved by the city council. A schedule of current fees shall be made available by the airport manager upon request. T-hangar rental shall require a written agreement between the tenant and the city in accordance with such form as the airport commission may from time to time provide. (Ord. 804 §§1 (part) and 2(part), 1982). 14.14.030 Landing fees weight of over twelve thousand five hundred pounds shall be subject to a landing fee of thirty cents per one thousand pounds. The weight used shall be the maximum gross landing weight of the aircraft, as published in leading aviation journals. Monthly reports shall be submitted to the airport manager by the owner or operator of the aircraft or his representative. Payment of said fees shall be made prior . All aircraft with a gross to the departure of the aircraft, unless arrangements for monthly payments have been made with and approved by the airport manager or his authorized representatives. (Ord. 804 §§1(part) and 2(part), 1982). 14.14.040--14.16.010 191-15 (Arlington 10/05) 14.14.0430 Penalty for nonpayment of fees by due date full when due. (Ord. 804 §§1 (part) and 2(part), 1982). . In addition to any other remedy the city may have by virtue of law, lease agreement or regulations, the airport manager or his representatives may refuse to allow any person to land, park, tie-down or store his aircraft on the Arlington Municipal Airport if any fees provided for in this chapter, together with any late charges thereon, are not paid in Chapter 14.16 AVIATION FUEL OPERATIONS Sections : 14.16.010 Aviation fuel sales--Fuel User Fees. 14.16.020 Aircraft fuelers' responsibilities. 14.16.030 Arlington Airport's inspection rights. 14.16.010 Aviation fuel sales--Fuel User Fees firm or individual taking delivery on Arlington Municipal Airport of aviation fuel, including unleaded auto gasoline, that is put into an aircraft’s fuel tank(s) shall pay a fuel user’s fee of five ($.05) cents per gallon. The initial party taking delivery on the Airport, shall make its dealer, distributor, oil company, or other supplier, who brings the fuel onto the Airport, aware of the fuel user’s fee. To insure collection and remittance, it shall be the responsibility of that oil company or other off-airport supplier, bringing the aviation fuel(s) onto the Airport, to collect this fuel user’s fee from the firm or individual purchasing it. If the fuel(s) are purchased by a reseller (i.e. dealer), the fee will become part of the price charged to the consumer or end user by that dealer. Firms or individuals bringing the fuel(s) onto the Airport themselves, for their own use, shall remit the fuel user’s fee directly to the Airport and oil companies or other suppliers shall do likewise. On-airport dealers or resellers shall notify the Airport Manager of their supplier’s name, address and phone number to ensure compliance. Fee collections shall be remitted each month to the Arlington Municipal Airport, less any exemptions, on a form prescribed by the airport manager. . (a) Any (b) Aviation fuel which is not used by any aircraft based at or otherwise using the Arlington Municipal Airport shall be exempt from this fuel user’s fee. It shall be the responsibility of the user of these fuels to establish its/his non airport use and therefore the fee exemption under this section. Any refunds must be requested from the 14.16.020 191-15a (Arlington 10/05) Arlington Municipal Airport. Fee refund requests shall be submitted on an exemption certificate, prescribed by the airport manager, along with documentation (invoices, receipts, etc,) showing payment was made initially. (Ord. 1381 §1 (part), 2005). 14.16.020 Aircraft fuelers’ responsibilities (b) Fuelers shall follow all applicable local, state and federal rules and regulations regarding fueling aircraft on airports, and shall comply with any rules and regulations established by their suppliers. . (a)No person, firm, corporation or association shall receive any fuel for the purpose of fueling aircraft on Arlington Airport without first securing written permission to do so from the airport manager or his or her duly authorized representative. (c) All fuelers shall comply with the Airport’s Spill Prevention, Control and Countermeasure plan (SPCC plan). (1) All fuel spills are to be reported per the SPCC plan. (2) Any person, firm, corporation or association that utilizes a fuel truck or multiple fuel trucks for fueling operations, whether personal or commercial, are required to be parked on sufficiently impervious surface with a means of secondary containment (i.e. oil water separator) capable of containing the single largest compartment or tank and sufficient freeboard to contain precipitation. (3) Fuel trucks must be stored in a secure manner (i.e. fencing, lighting and/or other security measures). (4) All fuel trucks are required to be parked in secondary containment areas during non-business hours. (d) Fuel trucks taking deliveries via truck to truck transfers are required to be within secondary containment areas and at a distance no closer than 200 feet from the nearest aircraft. (e) Fuelers utilizing above ground storage tanks (mobile or fixed) shall provide a minimum of one million dollars pollution liability insurance in addition to the insurance requirements in section 14.20.050. All such insurance shall name the City of Arlington as an additional insured. (f) Commercial Fuelers shall keep a record of all personnel authorized to fuel aircraft and shall provide them with proper training. Records of the training given to each person shall be kept and made available to airport staff when requested. At least one supervisor must complete an aviation fuel training course at least once every 24 consecutive calendar months at an approved FAA or industry 14.16.030 191-15b (Arlington 10/05) sponsored fueling course and must complete the Airport’s driver training course. (g) Fuelers are encouraged to inspect their equipment each day and keep records of such inspections. (h) Fuelers crossing active taxiways and runways are required to have a functioning two-way aviation radio to monitor air traffic and a flashing yellow light. (Ord. 1381 §1 (part), 2005). 14.16.030 Arlington Airport’s inspection rights (b) The City reserves the right to have all fuel facilities inspected by fire personnel on a quarterly basis or as frequently as necessary to ensure they meet current IFC and NFPA standards (see Section 14.20.140). . (a) The City shall have the right to inspect any personnel training and equipment inspection forms that each fueler may be required to maintain. (c) The airport manager or his duly authorized representative shall at all times have the authority to take such action as they may deem necessary for safety of operation and to safeguard the public at the airport (see Section 14.06.020). (d) The airport manager may suspend or restrict any or all fuel operations for reasons of safety whenever such action is deemed necessary by him or her. (Ord. 1381 §1 (part), 2005). 14.20.010--14.20.030 191-16 (Arlington 4/98) Chapter 14.20 AIRPORT RULES AND REGULATIONS Sections 14.20.010 Purpose. : 14.20.020 Scope/administration. 14.20.030 Emergency conditions. 14.20.040 Enforcement and compliance. 14.20.050 Insurance. 14.20.060 Rates, fees and charges. 14.20.070 Violation, penalties and fines. 14.20.080 Definitions 14.20.090 General requirements. 14.20.100 Aircraft activities regulated by airport. 14.20.110 Aircraft accidents/incidents. 14.20.120 Vehicle operations on airport. 14.20.130 Tenant operations. 14.20.140 Safety requirements. 14.20.150 Disposal and storage of toxics. 14.20.010 Purpose (1) Establishing airport safety guidelines; . The purpose of this chapter in- cludes, but is not limited to, the following: (2) Establishing operating standards by which all users of the airport shall comply; and (3) Establishing written and approved rules and regu- lations which will be administered by the airport manager for compliance by all tenants of the airport, and the gen- eral public. (Ord. 1143-A §1 (part), 1997). 14.20.020 Scope/administration . This chapter shall apply to all employees, users, customers, visitors and patrons of the airport and are designed to accommodate the safe, orderly, and efficient operation of the airport. Administration of this chapter shall be under the authori- ty, responsibility, and control of the airport manager. (Ord. 1143-A §1 (part), 1997). 14.20.030 Emergency conditions. When the airport manager determines that an emergency exists at the airport, the airport manager is empowered to issue such directives and take such -action as necessary to protect people, prop- erty, assets, and promote the safe operation of the air- port. Such directives and actions of the airport manager have the power of regulation as long as the emergency ex- ists. (Ord. 1143-A §1 (part), 1997). 14.20.040--14.20.080 191-17 (Arlington 4/98) 14.20.040 Enforcement and compliance . The airport manager is officially empowered to enforce the provisions of this chapter and to utilize city departments, law en- forcement resources, local medical resources, and disaster preparedness groups for assistance. The Arlington police department shall have the power and authority to enforce laws, ordinances, rules and regulations within the airport boundaries. (Ord. 1143-A §1 (part), 1997). 14.20.050 Insurance a contractual provision, airport tenants and subtenants shall maintain proper liability insurance with a reputable insurance company or companies satisfactory to the airport in the minimum combined single limit of one million dollars for bodily injuries and death, and for property damages, to indemnify the airport and tenant against any such liability or expense liability insurance in a company or companies raed in the current edition of Best’s Gereral Ratings as at least A (Excellent), and Financial Size Category of not less than Class X or in such other company or companies not so rated which may be acceptable to Arlington, insuring tenant against all claims for damages for bodily injury, including death, and against all claims for damage and destruction of property, which may arise by the acts or negligence of the tenant, its agents, employees or servants, or by any means of transportation whatsoever including owned, non-owned and hired automobiles, to the extent of at least the minimum required insurance limit as stated in the Airpor’s most current policy, whichever is greater. In such policy or policies, the city of Arlington shall be named as an additional insured, and shall be provided with a certificate of insurance to con- firm compliance with this requirement. (Ord. 1143-A §1(part), 1997). . Tenants of the Arlington Munic- ipal Airport shall provide insurance in such coverages as may be agreed upon between the airport and the tenant, which insurance provisions shall be made applicable to any subtenants on tenants’ leased property. In the absence of 14.20.060 Rates, fees and charges . The airport com- mission has the right to establish reasonable and customary rates, fees and charges. Except for fees established by lease agreement, the airport manager reserves the right, with airport commission approval, to increase, decrease, or otherwise amend rates, fees, and charges from time to time. Accounts not paid on time shall incur overdue billing charges. (Ord. 1143-A §1 (part), 1997). 14.20.070 Violation, penalties and fines. (a) Any violation of this chapter is a misdemeanor, and the penalty shall be as provided by the laws of the city and the state of Washington. 14.20.040--14.20.080 191-17 (Arlington 4/98) (b) The airport manager has the authority to restrict a person from the airport premises and to further deny use of the airport by that person until such time as the condi- tions causing the restriction are resolved with corrected to the satisfaction of the airport manager, airport commission, city council, or other respon- sible agency. (Ord. 1143-A §1(part), 1997). 14.20.080 Definitions "Aircraft" means any device that is used or intended to be used for flight in the air. . As used in this chapter: "Aircraft maintenance" means any work performed on an aircraft by a pilot, owner, or mechanic other than routine cleaning, upkeep, and servicing of an aircraft in prepara- 14.20.080 191-18 (Arlington 4/98) tion for flight. Removal of engine cowling, replacement of parts, defueling of an aircraft, or temporary removal of parts normally used for flight are activities that place an aircraft in a "maintenance" status. For safety and liabil- ity purposes, aircraft maintenance must be accomplished in designated areas only. "Aircraft operation" means either an aircraft takeoff or an aircraft landing. "Aircraft operator" means any person who pilots, con- trols, owns, or maintains an aircraft. "Aircraft parking and storage areas" means those han- gar and apron locations of the airport designated by the airport manager for the parking and storage of aircraft. These areas include "tie-down" aprons equipped with rope or chain devices which are used to secure light-weight air- craft during windy conditions. "Air operations area (AOA)" means any area of the Air- port used for landing, takeoff, or surface maneuvering of aircraft. "Airport" means the Arlington Municipal Airport at Arlington, Washington and includes all of the land, im- provements, facilities, and developments within the bound- aries of the airport. "Airport manager" means that person appointed by the mayor to be responsible for the day-to-day administration, operations, and maintenance of all city-owned Airport prop- erty, material assets, financial assets, and employees, or that person's designee. "Airport property" means all real estate and other material assets owned by the city. "Commercial aviation business" (also "airport busi- ness firm," "business operation/operator," "aviation opera- tor," includes FBOS) means any person or organization en- gaged in any business on the airport and authorized to conduct such business by virtue of a contract or agreement with the airport manager. The business may be directly associated with aircraft and aeronautical activities or may be associated with nonaeronautical activities such as re- tailing, wholesaling, manufacturing, warehousing, and ser- vice industries. "FAA" means the U.S. Federal Aviation Administration. “FBO" means fixed base operator, which further means a commercial aviation business engaged in the enterprise of supplying transient and home-based aircraft services as authorized and contracted with the airport manager. FBO services may include the following: aircraft fueling, flight training, aircraft sales, airframe and power plant repair and maintenance, hangaring, parking (tie-down), aircraft rental, and air-taxi/air-charter service. "Flying club" means a nonprofit entity organized for the purpose of providing members access to aircraft for members personal use and enjoyment. Flying clubs at the 14.20.090 191-19 (Arlington 4/98) Arlington Municipal Airport include glider and reciprocat- ing engine powered aircraft. "General aviation" means all types of aircraft and associated categories of aviation businesses dealing with these aircraft in the U.S. except for certified air carri- ers (under FAR Part 121), and Department of Defense mili- tary aviation/aircraft. "Hangar" means any fully or partially enclosed storage space for an aircraft. "Hazardous material” means a substance or material in a quantity or form that may pose an unreasonable risk to health or safety, or property when stored, transported, or used in commerce as defined by the U.S. Department of Transportation or the Environmental Protection Agency. "Motor vehicle" means any surface transportation self- propelled or trailer-hitched vehicle used for the conve- nience of transporting people and/or goods or used for the service and maintenance of equipment or property on the airport. "NOTAM" means notice to airmen as issued by a repre- sentative of the FAA, the airport manager, or other autho- rized official. "Pilot" means any person who controls an aircraft. "Restricted area" means an area closed to access by the general public. This is a limited access area which the airport manager, the FAA, or commercial aviation business owner-have elected to restrict for purposes of security or safety. These areas include but are not limited to the AOA, airport perimeter roadways, fenced-in areas, aircraft han- gars and maintenance shops, fuel storage areas, and hazard- ous materials storage areas. "Runway" means an area of the airport developed and improved for the purpose of accommodating the landing and takeoff of aircraft. "Taxiway" means an area of the airport developed and improved for the purpose of maneuvering aircraft on the ground between runways and aprons and between one part of the airport to another part. "Tenant" means a government an individual or private enterprise entity having a written lease, rental agreement, or other agreement with the airport manager which grants that entity certain rights and privileges on the airport. "Ultralight vehicle" means an aeronautical vehicle operated for sport or recreational purposes which does not require FAA registration, an airworthiness certificate, nor pilot certification. They are primarily single occupant vehicles, although some two-place vehicles are authorized for training purposes. (Ord. 1143-A §1 (part), 1997). 14.20.090 General requirements (a) Accidents re- sulting in damage to property or injury requiring profes- sional medical treatment must be reported as soon as prac- 14.20.100 191-20 (Arlington 4/98) tical in person or by telephone to the airport manager's office. (b) Commercial activity of any kind, involving the tender of money or barter, requires the written authoriza- tion of the airport manager and payment of fees if re- quired. (c) Flying clubs at the airport are considered air- port businesses and shall comply with all requirements applicable to businesses, including insurance requirements. Flying clubs shall also meet applicable portions of the airport minimum standards document. (d) Lost or mislaid property shall be deposited at the airport office, 18204 59th Dr. N.E. (e) Restricted areas are established for safety and security reasons. Except for aircraft owners, pilots, and persons escorted by aircraft owners and pilots, the general public is prohibited from the air operations area (AOA). The general public is also prohibited from all areas of the airport posted as being restricted areas. Only tenants are authorized to access their aircraft and hangars within the AOA. All other portions of the AOA are restricted to authorized personnel and vehicles. Aircraft shall have the right of way at all times in restricted areas and air operations areas. (Ord. 1143-A §1(part), 1997). 14.20.100 Aircraft activities regulated by air-port (b) Restricted Flight. The airport manager in following con- sultation with aviation business owners will determine restricted or prohibited flight activities on the AOA. . (a) Airport Closure. The airport manager is authorized to close the airport to aircraft operations or to close the landside access roads to the airport. (c) NOTAMs (Notice To Airmen) affecting the airport may be issued by the airport manager or his/her designee. NOTAMs are also is- sued by the FAA. (d) Fees. The airport manager has the authority to recommend rates and fees charged for landing or parking of aircraft, plus other fees related to customer use of the airport. (e) Special Events. The airport commission and city council have responsibility and authority to grant written approval for fly-ins, air shows, and other special events at the airport. (f) Flight operations Restricted. The airport man- ager has the authority to restrict or suspend any aircraft operation on the airport when such action is deemed neces- sary in the interest of safety or to avoid risk of personal injury or damage to property. (g) Special Operations Restricted. Aerial spraying, banner towing, crop dusting, aerial firefighting opera- tions, or other operations requiring FAA special waivers 14.20.100 191-20 (Arlington 4/98) require adherence to certain risk terms and conditions, contained in a written agreement, and approved by the air- port manager. 14.20.110 191-21 (Arlington 4/98) (h) Relocating Aircraft. The airport manager is authorized to direct the towing or other methods of relo- cating aircraft parked or stored in unauthorized or unsafe areas. (i) Qualified Pilot. A qualified pilot or mechanic must be in the cockpit and at the controls of the aircraft when an aircraft engine is operating. (j) Primary Runway. Aircraft operators shall consid- er the primary runway as Runway 16-34. (k) Aircraft Maintenance. Aircraft repair, mainte- nance, and cleaning shall be performed only in designated areas. (l) Hangar Restriction. Operating aircraft engines inside a hangar is prohibited. Aircraft shall not taxi into or out of any hangar under actual aircraft engine power. Aircraft shall be towed or pushed by machines or by hand into and out of hangars. (m) Authorized Aircraft Parking. Aircraft shall be parked, serviced, loaded, and unloaded at parking locations designed and designated by the airport manager or the commercial tenant holding a lease for that portion of the airport. (n) Derelict/nonflyable aircraft shall be parked in a derelict aircraft storage area as designated by the airport manager, or shall be removed from the airport. (o) Privately owned aircraft hangars shall be used for aircraft storage and related aviation purposes only. Other uses must be approved in writing by the airport man- ager. (p) Prior Written Approval Required. Operation of the following aircraft activities (items I thru 4) are prohibited from operating on or from the airport without prior written approval of the airport manager or the FAA: (1) Non-certified aircraft testing; (2) Hot air balloon launches; (3) Parachute or parasail demonstrations or sky diving activities; (4) Para-planes (powered by internal combustion engine), or other noncertified aircraft. (q) Exhaust and propeller/rotor blast. No aircraft engine shall be started or aircraft taxied where the exhaust or propeller/rotor blast may cause injury to persons, do damage to property, or spread debris on the airside area or into hangars. (r) Taxiing of aircraft. No person shall taxi an aircraft without first taking all necessary precautions to prevent a collision with other aircraft, persons or objects, injury to persons or damage to property, or spreading of debris on the airside area or into hangars. If it is impossible to taxi aircraft in compliance with this section, then the engine must be shut off and the aircraft towed to the new location. 14.20.110 191-21 (Arlington 4/98) The airport manager shall coordinate requests for these activities, subject to review by the airport commis- sion and/or city council. Proof of liability insurance is required in an amount and under terms acceptable to the airport manager. (Ord. 1143-A §1 (part), 1997). 14.20.110 Aircraft accidents/incidents (b) Disabled aircraft are the responsibility of the aircraft owner. However, the airport manager has the pow- er, authority, and option to direct removal or relocation of a disabled aircraft from any location on the airport. . (a) Immedi- ate Report. Aircraft accidents/incidents must be reported immediately to an airport staff person. 14.20.120--14.20.130 191-22 (Arlington 4/98) (c) Accident Scenes. Access to aircraft acci- dent/incident scenes are controlled by emergency services, the airport manager, or by the designated person in command at the scene. (Ord. 1143-A §1(part), 1997). 14.20.120 Vehicle operations on airport and State Laws. All motor vehicles on airport public road- ways and public parking lots are governed by state and city traffic ordinances. . (a) City (b) AOA Driving Rights. The airport manager has the authority to deny, restrict, or cancel the right of any motor vehicle driver to operate on the AOA. (c) Impoundment. The airport manager has the right to tow or otherwise move any motor vehicle for reasons of safety, security, abandonment, or police investigation. (d) Runway Authorization. No motor vehicles are per- mitted on runways except those operated by employees of the airport, the FAA, emergency response vehicles, or other vehicles with proper flags or lights and authorization by the airport manager. (e) Speed Limits. Unless otherwise posted, the speed limit on all airport roadways is twenty-five miles per hour (mph). The speed limit for motor vehicles on all airport apron or ramp areas is fifteen miles per hour (mph). (f) Aircraft Have Right-of-Way. A taxiing aircraft on apron or ramp areas always has the right-of-way over nonemergency motor vehicles and pedestrians. Motor vehicle drivers are required to pass to the rear of taxiing air- craft. (g) Proximity to Aircraft. Motor vehicle operators will not maneuver closer than ten feet from any aircraft, or park in such a manner as to impede the movement of air- craft. Specialized vehicles needed to service an aircraft are excluded from this rule. (h) Designated Parking. Motor vehicle drivers shall park in designated parking areas only. (i) Motor Vehicle Maintenance or Display. Motor vehicle drivers, owners, and agents shall not clean or repair a motor vehicle an airport property except when specifically authorized by the airport manager. No person shall use airport property to display vehicles, including, but not limited to motor homes, boats, and trailers, for sale. (Ord. 1143-A §1 (part), 1997). 14.20.130 Tenant operations. (a) FOD Program. The FOD (foreign object damage) program at the airport is of special concern due to the wide variety of general aviation aircraft using the airport's runway, taxiway, and apron facilities. Motor vehicle traffic within the AOA contrib- utes to the FOD risk. Small pieces of metal, pavement, rock, or trash can result in major damage and economic loss to aircraft engines, propellers, and airframes. Each ten- 14.20.140 191-23 (Arlington 4/98) ant operator is required to train and continually emphasize the importance of FOD pickup and cleanup by all employees, patrons, and visitors. (b) Employee Responsibility. Tenant operators are responsible for training their employees and subtenants on the contents of the most current airport rules and regula- tions, airport minimum standards, and applicable portions of their airport tenant lease or rental agreements. (c) Cleanliness and Maintenance of Tenant Facilities. Tenant operators shall keep all leased areas free of waste material, rubbish, junk, landscaping litter, and flammable material. (Ord. 1143-A §1 (part), 1997). 14.20.140 Safety requirements ing is not permitted on airport tie down and ramp areas or in city-owned hangars or storage facilities. . (a) Smoking. Smok- (b) Explosives, Poisons, Radioactive Material. No Class A or Class B explosives, Class A poisons, or radioac- tive material is permitted on the airport. Storage of haz- ardous or toxic materials must be inspected by the fire chief or his or her designee and approved in writing by the airport manager. (c) Removal of Unsafe Objects. The airport manager has the authority to direct immediate removal of unautho- rized fuel tanks, fuel trucks, or other unauthorized/unsafe vehicles from the airport. (d) NFPA International Fire Code Standards. All persons shall comply with all applicable National Fire Protection Association (NFPA) International Fire Code standards during fueling activities. (e) Propelling Objects Onto Airport or into Paths of Aircraft. No person may operate, launch, or discharge any object upon the airport, over the boundaries of the air- port, or into aircraft approach zones without the prior written consent of the airport manager. (f) Radio Controlled Devices. No person, firm, or corporation shall operate a model or full-sized radio con- trolled aircraft either (1) on the premises of the Arlington Municipal Airport, or (2) within the city limits and within one mile of the perimeter boundary of the Arlington Municipal Airport, without said person, firm, or corporation first having obtained the permission of the airport manager. The permission of the airport manager may be either withheld or conditioned on compliance with safety regulations deemed necessary to avoid conflict with aero- nautical uses. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and any such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any of the provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a 14.20.150 191-24 (Arlington 4/98) fine only in an amount not to exceed two hundred fifty dollars. (Ord. 1143-A §1 (part), 1997). 14.20.150 Disposal and storage of toxics (b) Storage of volatile flammable liquids, gases, signal flares or other similar items in any building or structure on the airport is prohibited unless approved in writing by the fire chief. (Ord. 1143-A §1 (part), 1997). . (a) Dis- posal of Toxics. No person may dispose of flammable, cor- rosive, or toxic liquids into storm drains, sewer drains, toilet/shop/hangar drains, aprons, parking lots, roadways, catch basins, ditches, or upon raw land on the airport property. Exhibit 14.06-1 Figure 14-1 City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT B COUNCIL MEETING DATE: June 28, 2010 SUBJECT: Airport Property Acquisition DEPARTMENT OF ORIGIN: Airport Contact Rob Putnam 360-403-3472 ATTACHMENTS: Site Map EXPENDITURES REQUESTED: Approximately $1,237,500 BUDGET CATEGORY: Airport Improvement/Airport Reserve LEGAL REVIEW: As we move forward DESCRIPTION: Cal Cornehl currently has his property for sale. The property is on the south end of the Airport near the 172nd and 59th intersection. The entire parcel is approximately 11.99 acres, but the airport will only be purchasing approximately ½ of the parcel. The portion that will be purchased is under the Airport Runway Protection Zone (RPZ). The purchase price is $4.74 per foot and the final purchase price will be established upon completion of a survey. The purchase will be funded from the July 19th Bond Sale ($1,000,000) with the balance from the Airport Reserve fund. This transaction is eligible for 95% FAA reimbursement, but that reimbursement may occur over the next three to four years. A garage is the only structure located on the site. Cal has requested that he can continue to use the garage and pasture for up to one year while he builds a new barn. A boundary line adjustment will need to be done as part of the transaction, adding this piece to our adjacent property. HISTORY: In the 70’s the airport purchased the avigation easement over the property which restricts any penetration into the airspace. ALTERNATIVES: Approve Staff recommendation with modifications Table Deny RECOMMENDED ACTION: No action at this time City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT C COUNCIL WORKSHOP DATE: June 28, 2010 SUBJECT: Resolution Rejecting all bids from the Gifford Sidewalks project and authorizing staff to re-bid the Project DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • Draft Resolution EXPENDITURES REQUESTED: Engineer’s Estimate $ ________ BUDGET CATEGORY: ARRA Grant Funding (Stimulus) and Transportation Improvement Fund – LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: Council is being asked to review the attached resolution for adoption at the July 6, 2010 Council meeting. This project was bid as noted below under history. However – because of product delivery issues specified in the bid documents, it has been determined that it would be in the best interest of the City to reject all bids and re- bid the project using standard concrete sidewalk specifications. HISTORY: On February 11, 2010 bids were opened bids for this project and the apparent low bidder was R Custom Excavation. Council awarded the project to R Custom Excavation on March 1, 2010 and contract documents were executed followed by a Conditional Notice to Proceed. It has since become apparent that delivery cannot be achieved by the Contractor for the PercoCrete product as specified and has resulted in a withdrawal of the conditional notice to proceed. The project was redesigned using traditional concrete and is ready for rebidding. This project consists of installing f approximately 1600 linear feet of 5 foot wide concrete sidewalks on Gifford Ave between 1st St and 3rd St. This project is funded with a $92,000.00 ARRA Grant and Traffic Mitigation monies. The re-bid of the project will not affect the Grant funding. City of Arlington Council Agenda Bill ALTERNATIVES: • No action at this time RECOMMENDED ACTION: No action at this time – Council will be requested to take action at the July 6, 2010 Council Meeting. 1 RESOLUTION NO. 2010-XXX A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON WITHDRAWING THE CONTRACT AWARD TO R CUSTOM EXCAVATION, REJECTING ALL BIDS ON THE GIFFORD AVENUE SIDEWALK PROJECT, AND AUTHORIZING THE PROJECT TO BE RE-BID WHEREAS, the City of Arlington solicited bids for a project known as the City of Arlington Gifford Avenue Sidewalk Project (hereinafter the “Project”); and WHEREAS, the City opened the bids, awarded the contract to R Custom Excavation of Port Orchard, WA, and submitted a conditional notice to proceed on May 5, 2010; and WHEREAS, the job specifications specifically directed the use of Percocrete permeable concrete “or approved equal”; and WHEREAS, no supplier is currently able to provide Percocrete permeable concrete or “any approved equal” to supply the project; and WHEREAS, as a result neither R Custom Excavation nor any other bidder is able to complete the project under the bid specifications as presented; NOW, THEREFORE, the City Council of the City of Arlington, Washington do hereby resolve as follows: 1. The City Council finds as follows: a. The City of Arlington sought qualified contractors to bid on the Project; b. The bid specifications required the use installation of Permeable Cement Concrete Sidewalk for the Project meeting specificationsusing the concrete admixture of called Percocrete “or approved equal”; c. At its March 1, 2010 City Council meeting, the City Council awarded the contract to R Custom Excavation for the Project as the apparent low responsible bidder; d. No supplier in the vicinity is willing or presently able to provide Permeable Cement Concrete Sidewalk for the Project which complies with the bid specifications; 2 e. Consequently R Custom Excavation is not able to complete the Project as bid; f. No other bidder is able to complete the Project as bid due to the unavailability of the concrete admixture called Percocrete “or approved equal”Permeable Cement Concrete Sidewalk product; g. The Project cannot currently be completed as bid; and h. The Project should be rebid with different bid specifications. 2. Based on the foregoing findings, the City Council hereby declares as follows: a. The City Council hereby withdraws its award of the contract to R Custom Excavations for the Gifford Avenue Sidewalk Project due to that company’s inability to complete the project as bid; and b. The City Council hereby rejects all bids submitted for the Project; and c. City staff is authorized and directed to prepare new bid specifications for the Project and to re-bid the Project once new specifications are prepared. APPROVED by the Mayor and City Council of the City of Arlington this ______ day of June, 2010. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: 3 __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT D COUNCIL WORKSHOP DATE: June 28, 2010 SUBJECT: Six Year Transportation Improvement Plan 2011-2016 DEPARTMENT OF ORIGIN: Public Works - James Kelly ATTACHMENTS: • Draft Spreadsheet will be distributed at the workshop • Schedule for adoption is attached EXPENDITURES REQUESTED: N/A BUDGET CATEGORY N/A LEGAL REVIEW: N/A DESCRIPTION: Council will be provided a draft copy of the update to the Six Year Transportation Improvement Plan for review and discussion. A Public Hearing has been scheduled for the July 19th, 2010 meeting. HISTORY: The State of Washington requires the cities, pursuant to one or more public hearings, to prepare and adopt a six-year comprehensive transportation program (RCW 35.77.010). Then, on an annual basis, every city is required to review the work accomplished under the program during the previous year, determine the transportation needs for the coming year, and update the six-year transportation program. After public hearing on the updated six-year plan, cities must adopt the updated six-year plan. Once adopted the plan is sent to the Washington State Department of Transportation and the Puget Sound Regional Council and compiled with other agency’s information as a tool for statewide planning. ALTERNATIVES: • N/A – no action at this time. RECOMMENDED ACTION: No action at this time – Introduction and Discussion only. Public Hearing is scheduled for July 19, 2010. Schedule for Adoption of 6 Year Transportation Plan 2011-2016 Action Date Deadline for Materials Introduce to Council 6/28/2010 6/18/2009 Review at Executive Status Meeting for Engineering and Maintenance & Operations 7/8/2010 Discussion at Council Workshop 7/12/2010 7/2/2010 Public Hearing at City Council 7/19/2010 7/13/2010 Discussion at Council Workshop 7/26/2010 7/20/2010 Adoption by Council 8/2/2010 7/25/2010 City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT E COUNCIL WORKSHOP DATE: June 28, 2010 SUBJECT: Smokey Point Boulevard Overlay Project – Bid Results DEPARTMENT OF ORIGIN: Public Works ATTACHMENTS: • None EXPENDITURES REQUESTED: Estimate $130,000 BUDGET CATEGORY: Transportation Improvement Fund (310) LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: Staff will present the results of the Bid Opening on June 18, 2010 HISTORY: On May 17, 2010 Council gave staff the authority to bid this project. In 2009 the Stillaguamish Tribe received a $145,000 federal grant from the American Reinvestment and Recovery Act (ARRA) for the maintenance and upgrades to Arlington roads that are listed on the Indian Reservation Road (IRR) inventory. The Stillaguamish and the City have jointly determined that Smokey Point Blvd. between 175th St. and 184th St. as the IRR road in greatest need of repair. The ARRA funding is provided to the Stillaguamish through the Federal Highways Administration (FHWA), and the Stillaguamish must contract with the City in order for the City to perform the work. The City prepared Project bid documents and bid the project. Estimate as follows: $ 145,000 Construction Costs (ARRA funding) $ 125,000 Construction Costs (COA funding) $ 5,000 Material Testing & Cert (COA funding) $ 275,000 Estimated Construction Cost ALTERNATIVES: - N/A RECOMMENDED ACTION: No Action at this time. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT F COUNCIL MEETING DATE: June 28, 2010 SUBJECT: Authorize the Mayor to sign a Professional Services Contract with J. Rankin DEPARTMENT OF ORIGIN: Executive CONTACT: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Professional Services Contract with Jim Rankin EXPENDITURES REQUESTED: $75 per hour BUDGET CATEGORY: Current Expense – Fire LEGAL REVIEW: City Attorney prepared professional services contract DESCRIPTION: In April, Fire Chief Jim Rankin announced his retirement from the City, effective July 1, 2010. Council is also requested to authorize the Mayor to sign a Professional Services Contract for services with Mr. Rankin during the time the City is searching for a Fire Chief. The contract allows for the City to tap into Jim’s expertise through December 31, 2010. HISTORY: Mr. Rankin began working for the City in October 2005. His employment contract with the City was extended in December 2008. ALTERNATIVES: - Do not authorize the Mayor to sign the Professional Services Contract with Mr. Rankin for his services. RECOMMENDED MOTION: Council will be requested to authorize the signing of the Professional Services Agreement with Mr. Rankin at the July 6, 2010 meeting. PROFESSIONAL SERVICES AGREEMENT 1 6/23/10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into in duplicate this ____ day of ______________, 2010, by and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter referred to as the "CITY" and James L. Rankin , 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 in Exhibit "A" attached hereto and incorporated herein (the "Services"). 2. Term . The Services shall begin on July 6, 2010, and shall be completed no later than December 31, 2010 , 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. 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. PROFESSIONAL SERVICES AGREEMENT 2 6/23/10 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. 3.4 City shall pay SERVICE PROVIDER for such services: Hourly: $ 75.00 per hour for all work performed and expenses incurred under this Contract. 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. Hold Harmless/Indemnification . 6.1 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. 6.2 No liability shall attach to the CITY by reason of entering into this Agreement except as expressly provided herein. 7. Insurance . The SERVICE PROVIDER shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the SERVICE PROVIDER, its agents, representatives, or employees. 7.1 Minimum Scope of Insurance. SERVICE PROVIDER shall obtain insurance of the types described below: a. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 . 9.1 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. 9.2 The SERVICE PROVIDER specifically agrees to pay any applicable business and occupation (B & O) 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 JAMES L. RANKIN ___________________________ ____________________________ Margaret Larson, Mayor James L. Rankin, Sole Proprietor Attest: ____________________________ Kristin Banfield, City Clerk Address for Notification Purposes: CITY City of Arlington James L. Rankin SERVICE PROVIDER Attn: City Clerk 17425 81st Dr NE 238 N Olympic Ave Arlington, WA 98223 Arlington, WA 98223 6/23/10 Exhibit A • Plan, organize direct and control all activities of the Fire Department in accordance with the statutes of the State of Washington and the City of Arlington Municipal Code 2.36. While the Fire Chief may not personally perform each and every function, the Fire Chief shall delegate these duties and remain responsible and accountable to assure performance in accordance with the statutes. • Responsible for all fire prevention/education, fire suppression, emergency medical and designated disaster relief services throughout the City as well as fulfilling mutual aid agreements with other jurisdictions. • Provide fire and emergency service medical advice to other City departments. • Supervise, through delegation to Fire Shift Captain(s) and/or staff, all departmental employees. Make final decision on all personnel actions such as hiring, training, terminations, discipline and as authorized, organization of employees. • Assure the effective and efficient utilization of Department personnel, volunteers, funds, equipment, facilities, and time. • Develop, implement and control approved departmental budget, and long and short- range goals and objectives. • Develop and implement contemporary operating policies and procedures in accordance with applicable law, court decisions and modern fire science principles and techniques. • As authorized, administer and make final decision on all service contracts and capital equipment purchases, both major and minor, including all types of apparatus and equipment to be acquired within budgetary limitations. • Receive, evaluate and resolve complaints pertaining to departmental staff and/or operations. • As appropriate, appear before the City Council and public groups to explain departmental goals and objectives, operations and activities. Represent the City and act on the City’s behalf as requested. • Accountable to the City Administrator to protect life and property and to develop, equip, and manage a fire service organization of the highest professional standards and to assure Department operations are maintained within budget limitations. • Coordinate administration and enforcement of codes with other City departments. • Develop and coordinate the City’s Emergency Management program, including our partnership with Arlington School District and Cascade Valley Hospital (Public Hospital #3). Responsible for the development of the City’s Emergency Management plan and ensuring all departments are prepared for implementation of the plan should the need arise. Implement any elements of the City’s Emergency Management plan should the need arise.