The URL can be used to link to this page

Home My WebLink About07-19-10 Council MeetingArlington City Council July 19, 2010 - 7 PM City Council Chambers - 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS -Police Citizen Academy 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 July 6 & 12, 2010 meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING 1. Annual Six-Year Transportation Improvement Plan ATTACHMENT B UNFINISHED BUSINESS NEW BUSINESS 1. Airport Property Acquisition approval ATTACHMENT C 2. Resolution authorizing application for a Recreation ATTACHMENT D Conservation Grant 3. Resolution authorizing application for a TDR grant ATTACHMENT E 4. Ordinance amending & repealing AMC Title 14 relating to ATTACHMENT F Airport regulations 5. Ordinance for repeal of Chapters from AMC 16 ATTACHMENT G relating to telecommunications and cable television regulations 6. Ordinance for repeal of Title 17 relating to mobile home ATTACHMENT H regulations 7. Ordinance Adopting a new Arlington Municipal Code ATTACHMENT I Title 21 relating to Cable Systems Regulations DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To download all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third July 6, 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 Kelly, Fire Chief Jim Rankin, Paul Ellis, Vic Ericson, Eric Scott, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Bea Randall - Centennial Trail Coalition of Snohomish County, Jim Cummins – Planning Commission, Ray Harman – Distinguished Senior Citizen, Michael Prihoda Arlington/Smokey Point Chamber of Commerce, Carol Duskin, Dale Duskin, Cory Duskin, George Boulton, Neil Knutson, and Shawn Yanity Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS With the use of an overhead projection Paul Ellis showed the updated version of Arlington Pharmacy. Dale, Carol and Cory Duskin were present representing the Pharmacy. Mayor Larson presented the Cornerstone Award to the Duskins who then stepped forward to receive their award. Dale Duskin thanked the Council for the Award and then briefly spoke about the Pharmacy update, also the Rotary Duck Dash. Cornerstone Award – Arlington Pharmacy Bea Randall, 427 South French, Arlington, from the Snohomish County Trail Coalition, announced that they have just recently been notified recipients of the grant to complete the gap. She asked for permission to put Trail Coalition information on the City website. Ms. Randall spoke of other sites that have recently received grants and also asked for City help in dealing with Snohomish County regarding upcoming trail construction. Discussion followed. PUBLIC COMMENT Michael Molsee, 205 S. Dunham, Arlington, was concerned with parking restrictions along South Dunham Avenue in front of his house. He had previously asked for an ordinance review and had requested to be a part of that review; however he hadn’t been asked to participate. Mr. Molsee requested again that it be reviewed, this time particularly regarding the 72-hour parking regulation, and again he stated that he wished to participate in the review. Mr. Molsee noted that the updated Ordinance seems to be even more restrictive. David Beale, 133 South Dunham Avenue, Arlington, also was concerned with the parking in front of his house and feels that he has been harassed. Both Councilman Butner and City Attorney Steve Peiffle addressed the situation. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT July 6, 2010 Page 2 of 3 Steve Baker moved and Scott Solla 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 June 21 & 28, 2010 meetings 2. Accounts Payable a. Claims Checks #70174 through #70311 in the amount of $1,878,172.79 and b. Payroll Checks #25600 through #26800 in the amount of $1,225,156.70 3. 67th Phase III – 30% Design Contract with HDR, Supplement # 2 no cost modification of contract and extension of completion date to December 2010. There was no Public Hearing. PUBLIC HEARING There was no Unfinished Business. UNFINISHED BUSINESS NEW BUSINESS Paul Ellis noted three new vacant Library Board positions. Those chosen to fill the positions were present and introduced, after which they met the Council members. Appointment of new Library Board members: Mandy Ingram, Kelly Penny and Crystal King, 5-year terms to 4-1-2015 Sally Lien moved to appoint Mandy Ingram, Kelly Penny and Chrystal King to the Library Board to April 1, 2015. Chris Raezer seconded the motion that passed with a unanimous vote. Public Works Director Jim Kelly briefly addressed the request for a re-bid of the Gifford Sidewalks Project, rejecting all previous bids. He then answered Council questions. City Attorney Steve Peiffle asked that additional language be made to the motion Resolution Rejecting all bids from the Gifford Sidewalks Project and Authorizing Staff to Re-bid the Project Scott Solla moved to approve the Resolution withdrawing the contract award to R Custom Excavation, rejecting all bids from the Gifford Sidewalk Project and authorizing staff to re-bid the Project Resolution 2010. Dick Butner seconded the motion that passed with a unanimous vote. Mr. Kelly reviewed partnership of the Overlay Project with the Stillaguamish Tribe and the City. Smokey Point Boulevard Overlay Project – Bid Results and Authority to Award Scott Solla moved to award the Smokey Point Boulevard Overlay Project to Northwest Asphalt for a bid amount of $184,884.26 which includes the base bid and Alternatives 1 & 2. Dick Butner seconded the motion that passed with a unanimous vote. At this time Shawn Yanity presented the City of Arlington a check for $150,000. Mr. Yanity then spoke of the partnership between the Tribe and the City. He announced that on July 31 from 10AM to 2PM the Salmon Ceremony would take place and that is when the new canoe is scheduled to be launched at the Natural Resources Building at the Stillaguamish River fork. Assistant City Administrator Kristin Banfield spoke to the Professional Services requested the interim time between Fire Chiefs. Ms. Banfield then answered Council questions. Marilyn Oertle asked why this position couldn’t be handled for the short term by someone already on staff. Chief Rankin then answered Council questions. Professional Services Agreement with J. Rankin Sally Lien moved to authorize the Mayor to sign the Professional Services Agreement with Mr. Rankin. Chris Raezer seconded the motion that passed with a majority vote, with Marilyn Oertle casting the vote in opposition. Minutes of the City of Arlington City Council Meeting DRAFT July 6, 2010 Page 3 of 3 Mr. George Boulton announced that the Kiwanis had made over $8,000 in their 4h of July Scholarship Auction. Mr. Boulton also encouraged all to shop locally. INFORMATION CITY COUNCIL COMMITTEE REPORTS Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker gave brief reports, while Dick Butner had nothing to report at this time. EXECUTIVE SESSION City Attorney announced that there would not be the need for an Executive Session. With no further business to come before the Council, the meeting was adjourned at 8:04PM. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third July 12, 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 mem bers absent. City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Police Chief Robert Sullenberger, Jim Kelly, David Kuhl, Bill Blake, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. APPROVAL OF THE AGENDA WORKSHOP ITEMS – NO ACTION WAS TAKEN Public Works Director Jim Kelly, along with Cristy Brubaker, distributed and then addressed the Draft 2011-2012 6-year Transportation Improvement Program. Throughout the presentation Mr. Kelly answered Council questions. A request for adoption will be the first Monday in August after a July 19 Public Hearing. 6 Year Transportation Improvement Plan Mr. Kelly and Ms. Brubaker spoke to the design construction of Stormwater Wetlands. Mr. Kelly distributed a July 12 memo to the Mayor and Council, and also the Stormwater Wetland Project 201 West Cox which describes the stormwater wetland, an extension of the wastewater treatment system. Mr. Kelly answered Council questions throughout his presentation. IMCO Change Order # 7 for Construction of Stormwater Wetland Information Technology Manager Bryan Terry addressed the current problems with chamber microphones. Mr. Terry discussed alternatives with the Council. In addition to microphone problems, one projector is beginning to fail. A suggestion was made to get a taller microphone for the podium. Discussion followed. There is now a digital recording of the meetings and Mr. Terry asked for permission to post those on the website, and discussion and questions followed. Council Chambers Audio/Video Discussion Police Chief Robert Sullenberger noted the benefits and the system of electronic ticketing. Throughout his presentation Chief Sullenberger answered Council questions. This will be reviewed again at another Workshop to answer Council questions regarding payment of tickets online, the City’s ability to do this, and other issues. Traffic Violations Bureau ILA Assistant City Administrator Kristin Banfield spoke to repealing the entire standards and regulations for mobile home parks. AMC Title 17 – Mobile Home Park Standards and Regulations Minutes of the Arlington City Council Workshop Meeting Minutes of the City of Arlington City Council Meeting DRAFT July 12, 2010 Page 2 of 2 Ms. Banfield discussed repealing certain chapters of the code and replacing them in the proposed Title 21, and this which would encompass all of those omitted. Throughout the presentation Ms. Banfield answered Council questions and comments. Bryan Terry noted that most of the language regarding cable systems does not even apply at this time. AMC Title 21 – Cable System Regulations Approval to Apply for Grants Environmental Coordinator Bill Blake and lawyer Tom Erlichman asked for a resolution to apply for the TDR Grant. Mr. Blake noted that he may come back for permission to ask for more than presently noted. Mr. Erlichman then addressed the Council, giving a background of and information on the TDR marketing process. Mr. Blake and Mr. Erlichman then answered Council questions. a. Transfer of Development Rights Grant Kristin Banfield stated that this grant will indeed be made. b. Recreation Conservation Grant from the Washington Recreation and Conservation Office Community Development Director David Kuhl gave a location of the property and then noted the stage in which the proposed annexation is at this time for Mr. Jim Thompson. Mr. Kuhl and City Attorney Steve Peiffle answered Council questions throughout the presentation. According to the City Attorney, the Council needs to take intermediate action before acting on Mr. Thompson’s request. This will be further researched and discussed again at a future Workshop. 10% Annexation Petition for Jim Thompson Scott Solla asked for the best time for Council to tour the Bryant Blueberry Farms. Miscellaneous Council items The Council asked about future abilities to provide more online payment possibilities through the City’s Website. The meeting was adjourned at 8:32PM. City of Arlington Council Agenda Bill AGENDA ITEM: -Public Hearing #1 ATTACHMENT B COUNCIL MEETING DATE: July 19, 2010 SUBJECT: PUBLIC HEARING - Six Year Transportation Improvement Plan 2011-2016 DEPARTMENT OF ORIGIN: Public Works Administration James Kelly ATTACHMENTS: • Six Year Transportation Improvement Plan - Draft • Resolution EXPENDITURES REQUESTED: N/A BUDGET CATEGORY N/A LEGAL REVIEW: N/A DESCRIPTION: A public hearing on the Six Year TIP, which defines improvements the City, plans to accomplish over the next six years. HISTORY: A draft Six Year Transportation Improvement Plan was previously given to Council for review. Prior to adoption a public hearing must be held. After public hearing action can be taken on adoption of the plan The City is annually tasked with reviewing and updating a Six Year Transportation Plan for adoption in July. 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. Funding agencies also use the information during their evaluation processes. ALTERNATIVES: • Continue the Public Hearing • Remand to Staff for additional information • Table pending further discussion RECOMMENDED ACTION: No action is requested at the close of the public hearing. Project No.Transportation Capital Project Total Project Cost Est 6-Year Program Cost Est 2011 2012 2013 2014 2015 2016 2017-2025 Comments 1 Annual Striping $300,000 $300,000 $45,000 $47,000 $49,000 $51,000 $53,000 $55,000 $0 Annual Maintenance of Striping and Pavement Markings 2 Annual Traffic Control Sign Replacement $69,000 $69,000 $15,000 $15,000 $15,000 $8,000 $8,000 $8,000 $0 Inventory and replacement of traffic control signage as required by the adopted MUTCD 3 Annual Road Rehab/Pavement Mgmt $1,500,000 $1,500,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $0 Repairs and Maintenance of existing city streets 4 Annual Sidewalk Program $30,000 $30,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $0 Repair, Maintenance and Upgrades to sidewalks 5 Arlington Trail Construction Program $700,000 $700,000 $150,000 $150,000 $200,000 $200,000 $0 Design and construct pedestrian trails per the City's Trail Plan (non-motorized transportation facilities) 6 Transportation Comprehensive Plan $40,000 $40,000 $40,000 $0 Development of a stand-alone comprehensive plan for Transportation that will be referenced in the City's general comprehensive plan; similar to Water, Sewer and Storm. 7 WSDOT - SR531; 43rd Ave to 67th Ave $57,000,000 $3,000,000 $3,000,000 $54,000,000 Preliminary planning complete, working on design pending additional funding. 8 WSDOT - SR531; 67th Ave to SR-9 $50,000,000 $15,000 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $49,985,000 Work with WSDOT on preliminary planning activities - widen to 5 lanes, 6' sidewalk on the south and an 8' non-motorized path on the north connecting to the Centennial Trail at the intersection of 67th and SR531 9 WSDOT - SR531/SR9 Intersection improvements WSDOT funded with nickel gas tax $15,600,000 $12,000,000 $12,000,000 $3,600,000 Project fully funded by Nickel Gas Tax 10 WSDOT - SR9/Burke Signalization $924,000 $924,000 $924,000 $0 Installation of Signal at Burke and SR9 - recommended by the SR9 Coalition 11 SNOCO - 172nd Corridor - SR9 to McElroy Road $7,231,000 $7,231,000 $7,231,000 $0 Potential Alternative Route to TDR Receiving Area. Snohomish County Project. 12 Community Transit Bus Transfer Station - Smokey Point $0 Design and construct a bus transfer station on Smokey Point Drive near 174 St. 13 211th Pl NE - 67th Ave NE to SR530 - $3,900,000 $25,000 $25,000 $3,875,000 Planning phase - to examine proposed alignment to reroute 211th to SR530 via 59th City of Arlington 2011 - 2016 Six Year Transportation Improvement Program (TIP) 14 Airport Blvd. - Extend 51st Ave to 188th Street $3,400,000 $3,400,000 $400,000 $3,000,000 $0 Design is complete - seeking funding. New Arterial extending from SR531 North to 188th Street. 15 67th Ave, Ph 3 - 204th St to Lebanon St $8,600,000 $8,600,000 $2,600,000 $2,000,000 $2,000,000 $2,000,000 $0 Widening and Rehabilitation of existing roadway with addition of pedestrian trail and sidewalks. 30% design in progress - complete fall of 2010. Final design complete spring 2011. 16 186th St NE - SR9 to City Limits $2,000,000 $2,000,000 $500,000 $1,000,000 $500,000 $0 New 2 lane connection with sidewalks both sides. The total project estimate is $5M and was prepared by Snoh. County. The City's portion (SR9 to CL) is $2M. 17 Arlington Valley Road - 67th Ave NE to 204th St NE $3,600,000 $3,600,000 $100,000 $50,000 $5,000 $3,000,000 $445,000 $0 New 3 lane industrial standard road connecting 67th Ave NE to 204th St NE. Low impact design 18 SR9/Eaglefield Pedestrian Improvements $752,000 $752,000 $752,000 $0 Pedestrian Safety Improvements in two phases Grant approved - waiting re-allocation 19 173rd St ROW Procurement and Street Construction. $1,930,000 $1,930,000 $440,000 $50,000 $500,000 $440,000 $500,000 $0 Procure ROW for construction of 173rd Street connection to Smokey Point Blvd 20 Smokey Point Blvd 175th PL to 200th St NE PLANNING $16,060,000 $25,000 $12,500 $12,500 $16,035,000 Planning and Coordination with West Arlington Plan to determine improvements. 21 Smokey Point Blvd 200th St NE to SR530 PLANNING $3,400,000 $25,000 $12,500 $12,500 $3,375,000 Planning and Coordination with West Arlington Plan to determine improvements. TOTAL $177,036,000 $46,166,000 $15,897,500 $10,245,500 $3,001,500 $6,481,500 $9,719,500 $820,500 $130,870,000 Total WSDOT Funded $123,509,000 $15,924,000 $12,000,000 $3,924,000 $0 $0 $0 $0 $107,585,000 Total Grant Funded $2,652,000 $2,652,000 $1,900,000 $752,000 Total Other Funding (SnoCo)$7,231,000 $7,231,000 $0 $0 $0 $0 $7,231,000 $0 $0 Total City Funds $43,644,000 $20,359,000 $1,997,500 $5,569,500 $3,001,500 $6,481,500 $2,488,500 $820,500 $23,285,000 NOTES 1. Project completion dependant on funding availability. 2. City funding includes City Transportation funds and grants. 3. Completed Projects Moved from List: 188th Street Paving WSDOT SR531 Interchange Improvements Smokey Point Blvd Overlay Gifford Sidewalks RESOLUTION NO. ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING THE OFFICIAL SIX YEAR TRANSPORTATION IMPROVEMENT PLAN FOR THE CITY OF ARLINGTON. THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO RESOLVE: SECTION 1. July 19, 2010 is hereby adopted as the Official Six Year Transportation Improvement Plan for the City of Arlington. That certain comprehensive Transportation Improvement Plan for the six years commencing July 1, 2011 as detailed in the exhibit presented to the City Council for review at a Public Hearing on PASSED at a regular meeting of the City of Arlington, Washington held on the 2nd day of August, 2010 _____________________________________ Mayor ATTEST: ________________________________ City Clerk City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT C COUNCIL MEETING DATE: July 19, 2010 SUBJECT: Airport Property Acquisition DEPARTMENT OF ORIGIN: Airport Contact Rob Putnam 360-403-3472 ATTACHMENTS: Site Map EXPENDITURES REQUESTED: Approximately $1,272,000 BUDGET CATEGORY: Airport Improvement/Airport Reserve LEGAL REVIEW: Ongoing 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 6.162 acres of the parcel. The portion that will be purchased is under the Airport Runway Protection Zone (RPZ) for the main runway. The purchase price is $4.74 per foot and the final purchase price will be $1,272,000. The purchase will be funded from the Bond Sale ($1,000,000) with the balance from the Airport Reserve fund. This transaction is eligible for 95% FAA reimbursement, but that reimbursement will 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 180 days 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: I make a motion to approve the purchase of the Cornehl property at the purchase price of $1,272,000, subject to the City Attorney review and approval of the purchase and sales agreement and the purchasing of the bonds. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #2 ATTACHMENT D COUNCIL MEETING DATE: July 19, 2010 SUBJECT: Resolution supporting the City application for a WWRP grant from RCO. DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: Resolution supporting the City application for a WWRP grant from RCO EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney has reviewed the Resolution DESCRIPTION: The City is applying for a matching grant from the WA Recreation and Conservation Office to provide funds to build a restroom facility at Legion Park. The applicants are required to submit a resolution demonstrating Council support with their submittal. HISTORY: The first round of grant review was done in June. Next review is the end of August. This is a highly competitive grant. ALTERNATIVES: 1. Deny the resolution. RECOMMENDED MOTION: I move that Council adopt the proposed Resolution as written to support the grant application submittal to the Recreation and Conservation Office for the Legion Park Restroom project. RESOLUTION NO 2010-XXX A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR A WASHINGTON WILDLIFE AND RECREATION PROGRAM (WWRP) GRANT TO THE RECREATION AND CONSERVATION OFFICE (RCO) AS PROVIDED IN CHAPTER 79A.15 RCW, ACQUISITION OF HABITAT CONSERVATION AND OUTDOOR RECREATION LANDS FOR THE LEGION PARK RESTROOM PROJECT. WHEREAS, the City of Arlington has approved a comprehensive plan that includes the Legion Park project area; and WHEREAS, under the provisions of WWRP, state funding assistance is requested to aid in financing the cost of facility development at Legion Park; and WHEREAS, the City of Arlington considers it in the best public interest to complete the facility development project described in the application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON AS FOLLOWS: Section 1. The Mayor is authorized to make formal application to the Recreation and Conservation Office for funding assistance; Section 2. Any fund assistance received will be used for implementation of the Legion Park Restroom project referenced above; Section 3. The City of Arlington hereby certifies that its share of project funding is committed and will be derived from the Lodging Tax Fund and the General Fund. Section 4. The City of Arlington acknowledges that it is responsible for supporting all non-cash commitments to this project should they not materialize. Section 5. The City of Arlington is aware that the grant, if approved, will be paid on a reimbursement basis. This means the City may only request payment after eligible and allowable costs have already been paid and remitted to its vendors. Section 6. The City of Arlington acknowledges that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB) must be placed in use for the funded purpose and be retained in such use in perpetuity unless otherwise provided and agreed to by the City and RCFB. Section 7. This resolution is a part of a formal application to the Recreation and Conservation Office; and RESOLUTION 2010-XXX Page 2 of 2 Section 8. The City provided appropriate opportunity for public comment on this application. 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 #3 ATTACHMENT E COUNCIL MEETING DATE: July 19,2010 SUBJECT: Resolution supporting the City application for a TDR program grant DEPARTMENT OF ORIGIN: Community Development ATTACHMENTS: 1. Resolution 2. Grant Application Outline EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: Yes DESCRIPTION: Community Development is applying for up to a $130,000 grant to help fund amending the existing TDR program and interlocal with Snohomish County to include West Arlington as a receiving area. The applicants are required to submit a resolution demonstrating Council support with their submittal. The City needs to provide a council approved resolution demonstrating level of commitment to the TDR program. HISTORY: Department of Commerce received a one million dollar EPA grant to develop TDR programs in King, Pierce and Snohomish County. Commerce is passing through most of the dollars in the form of grants to City’s wanting to implement a TDR program. Due to our long-term participation in TDR’s they have encouraged us to apply. The goal of the grant funds will be to develop program and interlocal amendments integrating West Arlington as a TDR receiving area so we can accept sending area credits as soon as they are available. ALTERNATIVES: 1. Develop an alternative resolution RECOMMENDED ACTION: Move to approve the resolution as written to support the Department of Commerce TDR grant application submittal. RESOLUTION NO 2010-XXX A RESOLUTION STATING THE CITY COUNCIL’S SUPPORT FOR AMMENDING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF ARLINGTON AND SHOHOMISH SNOHOMISH COUNTY CONCERNING THE TRANSFER OF DEVELOPMENT RIGHTS RECEIVING AREA ESTRABLISHED BY AMENDED ORDINANCE NOS. 05-141 AND 05-142 WHEREAS, the CITY OF ARLINGTON and SNOHOMISH COUNTY established by regulation and inter-local agreement a Transfer of Development Rights (TDR) program to encourage the preservation of the Stillaguamish Valley while also promoting higher- density, infill development within THE CITY OF ARLINGTON consistent with the Washington State Growth Management Act (GMA), Chapter 36.70A RCW; and WHEREAS, the CITY OF ARLINGTON has identified the need to expand the existing program; and WHEREAS, the Washington State Legislature recently affirmed the regional TDR program by directing the Washington State Department of Commerce to establish a regional TDR program in Central Puget Sound as provided in the Regional Transfer of Development Rights Program, Chapter 43.362 RCW; and WHEREAS, the City desires to further the City’s goals stated in the its Comprehensive plan Land Use Policies _GL-19, GL-20 and GL-26; and WHEREAS, through a grant from the U.S. Environmental Protection Agency, the Puget Sound Regional Council with will work with the state, County, and the Cascade Land Conservancy to implement a regional TDR program; and WHEREAS, through a grant from the U.S. Environmental Protection Agency the Puget Sound Regional Council will work with the state to provide grants to cities to amend an interlocal agreement with the county; revise existing TDR policies and regulations; or provide infrastructure planning and improvements in designated receiving areas consistent with the regional TDR program; and WHEREAS, the City has not done the environmental review and planning required to develop the policies, codes, and administrative procedures for receipt of TDR transfers from the County into the West Arlington receiving area; and WHEREAS, the City has policies, codes, interlocal agreements, and administrative procedures that must be revised with the County, to receive TDR transfers from the County into the West Arlington receiving area; and WHEREAS, the revision of TDR policies and regulations and acceptance of grant funds will not diminish the City Council’s authority to regulate land use and development within the City; and Formatted: Centered Draft City TDR Project Grant – Application PacketRESOLUTION 2010-XXX Page 2 of 3 WHEREAS, an eligibility requirement for awarding the grant funds is a resolution adopted by the City Council demonstrating its level of commitment to proceed toward revision of TDR policies and regulations and interlocal agreement with the County; . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, AS FOLLOWS: Section 1. The City Council supports the development of an interlocal agreement between the City of Arlington and Snohomish County or to the adoption of the Department of Commerce Interlocal Terms and Conditions Rule by reference for rural and natural resource land transfer of development rights (TDR) policies and regulations. Section 2. The City agrees to review and consider revising existing TDR policies and regulations to receive development rights from the County in to the West Arlington receiving area; and use grant funds awarded from the Puget Sound Regional Council and Washington State Department of Commerce to invest in infrastructure development in designated receiving areas. Section 3. The City TDR policies and regulations should focus on the receipt of development rights from lands and resources in sending areas designated by the County. Section 4. The best candidates for receiving areas in the City are the areas known as West Arlington, and Brekhus/Beach. Section 5. The City Council commits to meeting all milestones and completing all deliverables consistent with its grant application to the Department of Commerce by December 31, 2012. ADOPTED BY THE CITY COUNCIL o the City of Arlington at its regular meeting held this ______day of ______________, 20052010. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor Attest: ______________________________ Kristin Banfield, City Clerk Approved as to form: ______________________________ Steven J. Peiffle Formatted: Indent: Left: 2.5", First line: 0.5" Draft City TDR Project Grant – Application PacketRESOLUTION 2010-XXX Page 3 of 3 City Attorney Washington State Department of Commerce Grant Proposal Title Arlington TDR Program Improvement Strategy Contact: Bill Blake The City of Arlington has had a Transfer of Development Rights Program since 2006. Due to the Economic conditions and difficulty of our receiving area site to develop, and the urgency of saving the Stillaguamish Valley from development we have decided to improve our strategy. The suggestion has been made to add an additional receiving area to West Arlington. The neighborhoods included in West Arlington are Smokey Point, West Bluff and Island Crossing. There are many areas that were underdeveloped while in rural Snohomish County. We feel that with the juxtaposition along the Freeway and old 99 this area will be the first to realize economic growth activity when the economy improves. Strategy: 1. Integrate TDR elements such as Floor Area Ratios, exceed standard building height limits, and lot coverage in to the West Arlington Form Based code development. 2. Perform a Programmatic SEPA process for those areas in West Arlington that are targeted for the initial TDR utilization. 3. Work with Cascade Land Conservancy in their ongoing economic analysis of TDR exchanges, and ask them to give specific focus on West Arlington and the Stillaguamish Valley Sending Area 4. Develop a floodplain map indicating which lands have the least chance to develop as a result of flooding 5. Re-establish and establish new relationships with the developer, farm and watershed interests. 6. Complete a West Arlington Infrastructure funding plan to be prepared to implement the CLC infrastructure financing legislation if adopted next session. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #4 ATTACHMENT F COUNCIL MEETING DATE: July 19, 2010 SUBJECT: Update of Arlington Municipal Code – Title 14 DEPARTMENT OF ORIGIN: Airport Contact: Rob Putnam, 360-403-3472 ATTACHMENTS: Proposed Ordinance amending and repealing certain sections of AMC Title 14 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Legal review is complete. 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 . The Airport Commission reviewed all the recommended changes to Title 14 at their meeting on July 13, 2010. HISTORY: The City Council is reviewing the Arlington Municipal Code to update it for eventual publication to the City’s website. ALTERNATIVES: RECOMMENDED MOTION: I move Council adopt the proposed Ordinance amending and repealing certain sections of AMC Title 14 related to Airport 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 14 RELATING TO AIRPORT 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 14, relating to the regulation of airports and airport activities; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 14.06.020 is amended to read as follows: 14.06.020 General rules (a) 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 forth in this chapter. . The following general rules shall govern all aeronautical activities of ultralight aircraft operators at the airport: (b) 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. (c) The airport manager or his or her duly authorized representative shall at all times have the authority to take such action as he or she may deem necessary for safety of operation and to safeguard the public at the airport. Section 2. Arlington Municipal Code Section 14.06.030 is amended to read as follows: 14.06.030 Airport surface operations. The following rules shall govern ultralight aircraft surface operations at the airport: Ordinance No. 2010-xxx 2 (a) All ultralight flight operations shall be conducted from such takeoff and landing areas as are designated by the airport manager (see ultralight operation diagram, attached hereto as Exhibit 14.06-1 (b) All ultralight ground support activities shall be conducted only in areas designated by the airport manager (see ultralight operation diagram, attached hereto as Exhibit 14.06-1). (c) 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. (d) Hours of activity may be specified by the airport manager and shall be consistent with the airport’s multi-use policies. Section 3. Arlington Municipal Code Section 14.06.040 is amended to read as follows: 14.06.040 Flight operations (a) Traffic Pattern: . The following rules shall govern all aircraft flight operations at the airport utilizing the ultralight runway: (1) 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 attached hereto as Exhibit 14.06-1). (2) The ultralight pattern shall be five hundred forty-two feet Mean Sea Level (MSL), or four hundred feet Above Ground Level (AGL). (3) 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. (4) Care shall be taken by all ultralight operators so as not to cross over any active runway approach area, runway, ramp, restricted zones, or hangar area, and to stay at least eight hundred feet horizontally from any of the above areas. (5) 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. (b) Ultralight flight operations shall be conducted only during daylight hours and during V.F.R. weather conditions as prescribed by the Federal Aviation regulations. (c) Operation Announcements: Ordinance No. 2010-xxx 3 (1) The proper and approved ultralight operation area diagram shall be displayed at all times in the designated ultralight operations area (see ultralight operations diagram, attached hereto as Exhibit 14.06-1). (2) Ultralight activity information shall be included in the Airport/Facility Directory. (3) All ultralight operators with knowledge of an unusual concentration of ultralight activity, such as a “fly-in”, competitive event, display or demonstration, shall notify the airport manager, who shall endeavor to issue a “NOTAM” with the FAA. Section 4. Arlington Municipal Code Section 14.06.050 is amended to read as follows: 14.06.050 Safety (a) Pilot Qualifications: . The following safety rules shall govern ultralight aircraft operations at the airport: (1) Ultralight pilots shall be familiar with local IFR procedures and with the nonstandard patterns flown by aircraft operating IFR or practice IFR. (2) 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. (3) 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: (a) Shall operate the ultralight aircraft in a safe and orderly manner; (b) Shall operate the ultralight aircraft within the allotted and designated area; (c) Shall operate the aircraft consistent with flight rules, traffic patterns and ground procedures. (b) Equipment Qualifications (1) Each operator of an ultralight aircraft operating on the airport shall be responsible for determining the safe operating condition of the aircraft and that the aircraft meets the following conditions: (a) All aircraft must be equipped with an approved muffler system in perfect working condition. Ordinance No. 2010-xxx 4 (b) All aircraft must be equipped with a properly operating and accurate altimeter. Section 5. Arlington Municipal Code Section 14.06.060 is amended to read as follows: 14.06.060 Ultralight operation diagram Section 6. Arlington Municipal Code Section 14.07.020 is amended to read as follows: . The ultralight operation diagram, attached hereto as Exhibit 14.06-1, is adopted and made a part of this chapter. 14.07.020 Definitions. (a) “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: (b) “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. (c) “Commercial Glider Operation” means any glider operation conducted by a person, firm or association where money is exchanged in return for services. (d) “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) (e) “Glider Club” means a nonprofit entity organized for the purpose of providing members access to aircraft for members’ personal use and enjoyment. (f) “Glider Operations Area” means the area where gliders are launched, recovered, and parked during glider operations. (g) “Glider Trailer” means any trailer used to transport and/or store a glider. (h) “Operation” means any glider activities conducted by commercial glider organizations, club glider organizations, or private individuals on the airport. (i) “Runway” means a defined rectangular surface on an airport prepared or suitable for the landing or takeoff of airplanes. (j) “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 Ordinance No. 2010-xxx 5 in operations, etc.). This area will be used by the commercial and club organizations to answer questions, take money, and register customers. (k) “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. (l) “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. (m) “Tow Plane” means any aircraft used to launch a glider. Section 7. Arlington Municipal Code Section 14.07.030 is amended to read as follows: 14.07.030 General rules. (a) 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: (b) The airport manager or his or her duly authorized representative shall at all times have the authority to take such action as he or she may deem necessary for safety of operation and to safeguard the public at the airport (See regulation 14.20.100). (c) 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. (d) 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. (e) All glider organizations conducting operations on the Airport are to possess the required level of insurance as indicated in the Airport’s Title 14. (f) All gliders and tow planes shall use a functioning two-way VHF radio. (g) 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. (h) Gliders will not be parked or left with any part extending over any taxiway. (i) Glider trailers are to be parked either on leased property or in the designated trailer parking area. Ordinance No. 2010-xxx 6 Section 8. Arlington Municipal Code Section 14.07.040 is amended to read as follows: 14.07.040 Staging. (a) 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 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. The following general rules shall govern all glider staging operations at the airport: (b) 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 escorted to the glider operations area. (c) 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. (d) 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. (e) 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. (f) 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).) (g) 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 vehicles may be parked or left standing in the glider operations area. (h) Each glider organization shall be held responsible for the violation of any of these regulations by customers or members of that organization. Section 9. Arlington Municipal Code Section 14.07.050 is amended to read as follows: 14.07.050 Launching. The following general rules shall govern all glider launching operations at the airport: Ordinance No. 2010-xxx 7 (a) Standard Soaring Society of America (S.S.A.) procedures and hand signals are to be used. (b) 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. (c) The tow pilot shall announce all departures on UNICOM frequency prior to take-off roll. (d) 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). Section 10. Arlington Municipal Code Section 14.07.080 is amended to read as follows: 14.07.080 Landing. (a) Gliders 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: (b) Except in cases of emergency, gliders shall utilize only the designated glider landing areas as indicated in the Airport Master Plan. (c) 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). Section 11. Arlington Municipal Code Section 14.07.100 is amended to read as follows: 14.07.100 Enforcement. Section 12. Arlington Municipal Code Section 14.08.010 is amended to read as follows: 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 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. Ordinance No. 2010-xxx 8 14.08.010 Illegal parking of aircraft defined. Section 13. Arlington Municipal Code Section 14.08.020 is amended to read as follows: It is a violation of the municipal code for any person to park any aircraft at the Arlington Municipal Airport longer than twenty-four consecutive hours unless that person has entered into 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 illegal parking of aircraft. 14.08.020 Summary impoundment and storage of illegally parked aircraft--Expense of impounding and storage--Notice not required. Section 14. Arlington Municipal Code Section 14.08.030 is amended to read as follows: 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 give any prior notice of such impounding and storage. 14.08.030 Possession of impounded aircraft--Impounding and storage charges--Lien- -Enforcement of lien--Release of aircraft Section 15. Arlington Municipal Code Section 14.08.070 is amended to read as follows: . The city shall have the right to retain possession of any aircraft impounded and stored for a violation of Section 14.08.010, and charges for impounding and storage as set forth in Section 14.08.040 shall be assessed and payable, and the city shall have a lien upon the aircraft 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. No aircraft impounded shall be released until all charges and storage fees shall have been paid. 14.08.070 Civil penalty for violation. The penalty for a first violation of Chapter 14.08 shall be a Class 2 Civil infraction as provided in Section 1.04.020. A second or subsequent violation of Chapter 14.08 shall be a Class 1 Civil infraction as provided in Section 1.04.020. Section 16. Arlington Municipal Code Chapter 14.14 is hereby renamed “Aircraft Storage, Tie-Down, and Hangar - Rental Fees. Section 17. Arlington Municipal Code Section 14.14.010 is amended to read as follows: 14.14.010 Payment of storage, tie-down and hangar-rental fees. Every person using the Arlington Municipal Airport for aircraft storage, tie-down parking or storage, and hangar storage of aircraft shall, at the time specified, pay to the city such fees therefore as shall from Ordinance No. 2010-xxx 9 time to time be fixed in the manner set forth in this chapter; provided, that the airport commission may waive any storage or tie-down fees for aircraft in connection with authorized air shows and fly-ins. Section 18. Arlington Municipal Code Section 14.14.020 is amended to read as follows: 14.14.020 Fees for aircraft storage, tie-down and hangar rental. Section 19. Arlington Municipal Code Section 14.14.030 is repealed in its entirety. The fees and the method and time of payment thereof which shall be charged for aircraft storage, including 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 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 a form acceptable to the City. Section 20. Arlington Municipal Code Section 14.20.050 is amended to read as follows: 14.20.050 Insurance Section 21. Arlington Municipal Code Section 14.20.070 is amended to read as follows: . Tenants of the Arlington Municipal 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 a contractual provision, airport tenants and subtenants shall maintain liability insurance in a company or companies rated in the current edition of Best’s General 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 Airport’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 confirm compliance with this requirement. 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. . (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 conditions causing the Ordinance No. 2010-xxx 10 restriction are corrected to the satisfaction of the airport manager, airport commission, city council, or other responsible agency. Section 22. Arlington Municipal Code Section 14.20.080 is amended to read as follows: 14.20.080 Definitions (a) "Aircraft" means any device that is used or intended to be used for flight in the air. . As used in this chapter: (b) "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 preparation 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 liability purposes, aircraft maintenance must be accomplished in designated areas only. (c) "Aircraft operation" means either an aircraft takeoff or an aircraft landing. (d) "Aircraft operator" means any person who pilots, controls, owns, or maintains an aircraft. (e) "Aircraft parking and storage areas" means those hangar 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. (f) "Air operations area (AOA)" means any area of the Air- port used for landing, takeoff, or surface maneuvering of aircraft. (g) "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. (h) "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. (i) "Airport property" means all real estate and other material assets owned by the city. (j) "Commercial aviation business" (also "airport business firm," "business operation/operator," "aviation operator," includes FBOS) means any person or organization engaged in any business on the airport and authorized to conduct such business by virtue of a Ordinance No. 2010-xxx 11 contract or agreement with the airport manager. The business may be directly associated with aircraft and aeronautical activities or may be associated with non-aeronautical activities such as retailing, wholesaling, manufacturing, warehousing, and ser- vice industries. (k) "FAA" means the U.S. Federal Aviation Administration. (l) “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. (m) "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 Arlington Municipal Airport include glider and reciprocating engine powered aircraft. (n) "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 carriers (under FAR Part 121), and Department of Defense military aviation/aircraft. (o) "Hangar" means any fully or partially enclosed storage space for an aircraft. (p) "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. (q) "Motor vehicle" means any surface transportation self- propelled or trailer-hitched vehicle used for the convenience of transporting people and/or goods or used for the service and maintenance of equipment or property on the airport. (r) "NOTAM" means notice to airmen as issued by a representative of the FAA, the airport manager, or other authorized official. (s) "Pilot" means any person who controls an aircraft. (t) "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 hangars and maintenance shops, fuel storage areas, and hazardous materials storage areas. (u) "Runway" means an area of the airport developed and improved for the purpose of accommodating the landing and takeoff of aircraft. Ordinance No. 2010-xxx 12 (v) "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. (w) "Tenant" means an individual or private or public 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. (x) "Ultralight vehicle" means an aeronautical vehicle operated for sport or recreational purposes which does not require FAA registration, an airworthiness certificate, or pilot certification. They are primarily single occupant vehicles, although some two-place vehicles are authorized for training purposes. Section 23. Arlington Municipal Code Section 14.20.090 is amended to read as follows: (a) Accidents resulting in damage to property or injury requiring professional medical treatment must be reported as soon as practical in person or by telephone to the airport manager's office. 14.20.090 General requirements (b) Commercial activity of any kind, involving the tender of money or barter, requires the written authorization of the airport manager and payment of fees if required. (c) Flying clubs at the airport are considered airport 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. 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. Section 24. Arlington Municipal Code Section 14.20.100 is amended to read as follows: 14.20.100 Aircraft activities regulated by airport (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. . Ordinance No. 2010-xxx 13 (b) Restricted Flight. The airport manager following consultation with aviation business owners will determine restricted or prohibited flight activities on the AOA. (c) NOTAMs (Notice To Airmen) affecting the airport may be issued by the airport manager or his/her designee. NOTAMs are also issued by the FAA. (d) Fees. The airport commission has the authority to set 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 manager has the authority to restrict or suspend any aircraft operation on the airport when such action is deemed necessary 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 operations, or other operations requiring FAA special waivers require adherence to certain risk terms and conditions, contained in a written agreement, and approved by the airport manager. (h) Relocating Aircraft. The airport manager is authorized to direct the towing or other methods of relocating 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 use Runway 16-34 as the primary runway. (k) Aircraft Maintenance. Aircraft repair, maintenance, 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/non-flyable 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 manager. Ordinance No. 2010-xxx 14 (p) Prior Written Approval Required. The following aircraft activity is prohibited on or from the airport without prior written approval of the airport manager or the FAA: (1) Parachute or parasail demonstrations or sky diving activities; The airport manager shall coordinate requests for this activity, subject to review by the airport commission and/or city council. Proof of liability insurance is required in an amount and under terms acceptable to the airport manager. (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. Section 25. Arlington Municipal Code Section 14.20.140 is amended to read as follows: 14.20.140 Safety requirements (a) Smoking. Smoking is not permitted on airport tie-down and ramp areas or in city- owned hangars or storage facilities. . (b) Explosives, Poisons, Radioactive Material. No Class A or Class B explosives, Class A poisons, or radioactive material is permitted on the airport. Storage of hazardous 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 unauthorized fuel tanks, fuel trucks, or other unauthorized/unsafe vehicles from the airport. (d) International Fire Code Standards. All persons shall comply with all applicable 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 Ordinance No. 2010-xxx 15 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 fine only in an amount not to exceed two hundred fifty dollars. Section 26. 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 27. 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 Ordinance No. 2010-xxx 16 Ordinance No. 2010-xxx 17 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #5 ATTACHMENT G COUNCIL MEETING DATE: July 19, 2010 SUBJECT: Repeal of Arlington Municipal Code Chapters 16.70, 16.71, 16.72, 16.73, 16.74, 16.75, and 16.76 DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: Proposed Ordinance Repealing Arlington Municipal Code Chapters 16.70, 16.71, 16.72, 16.73, 16.74, 16.75, and 16.76 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Legal review is complete DESCRIPTION: Arlington Municipal Code Title 21 will provide standards and regulations for cable systems (cable TV and telecommunications facilities). The regulations contained in the proposed Title 21 are currently contained in AMC Chapters 16.70, 16.71, 16.72, 16.73, 16.74, 16.75, 16.76. Staff is recommending that the chapters in AMC 16 relating to cable systems be repealed and replaced with the proposed Title 21. Most of the regulations contained in 16.71, 16.73, 16.75, and 16.76 are already contained within the Municipal Code in other sections and will simply be repealed. HISTORY: The City Council is reviewing the Arlington Municipal Code to update it for eventual publication to the City’s website. The Council reviewed the proposed changes and recommended placement of an Ordinance effecting those changes on the next Council Agenda. ALTERNATIVES: RECOMMENDED MOTION: I move Council adopt the proposed Ordinance Repealing Arlington Municipal Code Chapters 16.70, 16.71, 16.72, 16.73, 16.74, 16.75, and 16.76. ORDINANCE NO. 2010-xxx ORDINANCE NO. 2010-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REPEALING CERTAIN CHAPTERS OF ARLINGTON MUNICIPAL CODE TITLE 16 RELATING TO TELECOMMUNICATIONS AND CABLE SYSTEMS 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 determined that certain chapters of Title 16, relating to telecommunications and cable systems regulations are outdated and is no longer necessary; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Chapter 16.70 is repealed in its entirety. Section 2. Arlington Municipal Code Chapter 16.71 is repealed in its entirety. Section 3. Arlington Municipal Code Chapter 16.72 is repealed in its entirety. Section 4. Arlington Municipal Code Chapter 16.73 is repealed in its entirety. Section 5. Arlington Municipal Code Chapter 16.74 is repealed in its entirety. Section 6. Arlington Municipal Code Chapter 16.75 is repealed in its entirety. Section 7. Arlington Municipal Code Chapter 16.76 is repealed in its entirety. Section 8. 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 ORDINANCE NO. 2010-xxx ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #6 ATTACHMENT H COUNCIL MEETING DATE: July 19, 2010 SUBJECT: Update of Arlington Municipal Code – Repeal of Title 17 DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: Proposed Ordinance Repealing Arlington Municipal Code Title 17 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Legal review is complete DESCRIPTION: Arlington Municipal Code Title 17 provides standards and regulations for mobile home parks. All the regulations contained in Title 17 have now been incorporated into Title 16 (Building Codes) and Title 20 (Land Use Code). Staff is recommending that AMC Title 17 be repealed in its entirety. HISTORY: The City Council is reviewing the Arlington Municipal Code to update it for eventual publication to the City’s website. Title 17 was adopted in 1989 and has not been revised since that time. ALTERNATIVES: RECOMMENDED MOTION: I move Council adopt the proposed Ordinance repealing Arlington Municipal Code Title 17. ORDINANCE NO. 2010-xxx ORDINANCE NO. 2010-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REPEALING ARLINGTON MUNICIPAL CODE TITLE 17 RELATING TO MOBILE HOME 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 determined that Title 17, relating to mobile home regulations is outdated and is no longer necessary; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Title 17 is repealed in its entirety. Section 2. 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 I COUNCIL MEETING DATE: July 19, 2010 SUBJECT: Ordinance Creating a New Title 21 in the Arlington Municipal Code relating to Cable Systems Regulations DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: Proposed Ordinance Creating a New Title 21 in the Arlington Municipal Code relating to Cable Systems Regulations EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Legal review is complete DESCRIPTION: Arlington Municipal Code Title 21 will provide standards and regulations for cable systems operating within the City. The regulations contained in the proposed Title 21 are currently contained in AMC Chapters 16.70, 16.71, 16.72, 16.73, 16.74, 16.75, 16.76. Staff is recommending that the chapters in AMC 16 relating to cable systems be repealed and replaced with the proposed Title 21. Most of the regulations contained in 16.71, 16.73, 16.75, and 16.76 are already contained within the Municipal Code in other sections and will simply be repealed. HISTORY: The City Council is reviewing the Arlington Municipal Code to update it for eventual publication to the City’s website. The Council reviewed the proposed changes and recommended placement of an Ordinance effecting those changes on the next Council Agenda. ALTERNATIVES: RECOMMENDED MOTION: I move Council adopt the proposed Ordinance Creating a new Title 21 in the Arlington Municipal Code relating to Cable Systems Regulations. ORDINANCE NO. 2010-xxx 1 ORDINANCE NO. 2010-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING ARLINGTON MUNICIPAL CODE TITLE 21 RELATING TO CABLE SERVICES 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 the City’s cable services regulations; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. A new Title 21 is hereby added to the Arlington Municipal Code, as follows: Title 21. CABLE SYSTEMS REGULATIONS Sections : 21.04.010 Short Title. 21.04.020 Definitions. 21.04.030 Franchise Grant. 21.04.040 Franchise Purposes. 21.04.050 Nonexclusive Franchise. 21.04.060 Application. 21.04.070 Duration. 21.04.080 Police Powers. 21.04.090 Use of Rights-of-Way. 21.04.100 Pole or Conduit Agreements. 21.04.110 Franchise Fees. 21.04.120 Taxes. 21.04.130 Customer Service Standards. 21.04.140 Other Authorizations. 21.04.150 Rules and Regulations of the City. 21.04.160 Delegation of Powers. 21.04.170 Technical Standards. ORDINANCE NO. 2010-xxx 2 21.04.180 Construction Standards. 21.04.190 Street Cut or Repair. 21.04.200 Safety Requirements. 21.04.210 Regulation of Rates and Charges. 21.04.220 Privacy Laws. 21.04.230 Discriminatory Practices Prohibited. 21.04.240 Equal Employment Opportunity. 21.04.250 Reimbursement. 21.04.260 Special Rate Discounts. 21.04.270 Franchise Renewal. 21.04.280 Franchise Revocation. 21.04.290 Effective Date of Franchise. 21.04.300 Miscellaneous Provisions. 21.04.310 Severability. This chapter shall constitute the “cable system regulations” of the City of Arlington and may be referred to as such. 21.04.010 Short Title. (a) For the purposes of this chapter, the following words, terms, phrases and their derivations have the meanings given herein. Words otherwise not defined shall be given their common and ordinary meaning. The word “shall” is always mandatory and not merely directory. 21.04.020 Definitions. (b) Definitions: 1. “Applicant” means any person or entity that applies for an initial franchise. 2. “Cable Act” means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, and as any of them may be amended. 3. “Cable operator” means any person or group of persons, including a franchisee, which provide(s) cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system or who otherwise control(s) or is (are) responsible for, through any arrangement, the management and operation of such a cable system. 4. “Cable service” means the one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. 5. “Cable system” or “system” means any facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c) a facility of a common carrier which is subject, in whole ORDINANCE NO. 2010-xxx 3 or in part, to the provisions of Title II of the Federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a cable system (other than for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with federal statutes; or (e) any facilities of any electric utility used solely for operating its electric utility systems. 6. “City” means the City of Arlington, a municipal corporation of the state of Washington, and all of the area within its boundaries, as such may change from time to time. 7. “City Council” means the Arlington City Council, or its successor, the governing body of the City. 8. “Customer” means any person who or which elects to subscribe to, for any purpose, cable service provided by a franchise by means of or in connection with the cable system, and whose premises are physically wired and lawfully activated to receive cable service from a franchisee’s cable system. 9. “Customer service standards” means those customer service standards adopted by the City Council applicable to cable operators. 10. “FCC” means the Federal Communications Commission. 11. “Franchise” means an agreement/permit that authorizes a person or entity to construct, operate, maintain or reconstruct a cable system. Upon the written acceptance by a franchisee, the agreement constitutes a contract between the City and franchisee. 12. “Franchise area” means the area within the jurisdictional boundaries of the City to be served by a franchisee, including any areas annexed by the City during the term of a franchise. 13. “Franchisee” means the person, firm, corporation or entity to whom or which a franchise, as hereinabove defined, is granted by the City Council under this chapter and the lawful successor, transferee or assignee of said person, firm, corporation or entity. 14. “Normal Operating Conditions” shall mean those service conditions that are within the control of the cable operator. Those conditions that are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal peak demand periods, and maintenance or upgrade of the cable system. 15. “Right-of-way” or “Rights-of-Way” means all of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and are located within the City: streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements and similar public property and areas. 16. “Service Interruption” shall mean the loss of picture or sound on one or more cable channels. 17. “Subscriber” means any person who or which elects to subscribe to, for any purpose, cable service provided by a franchisee by means of or in connection with the cable ORDINANCE NO. 2010-xxx 4 system and whose premises are physically wired and lawfully activated to receive cable service from franchisee’s cable system. It is unlawful to engage in or commence construction, operation, or maintenance of a cable system in the City without a franchise issued under this chapter. The City Council may, by ordinance, issue a nonexclusive franchise to construct, operate and maintain a cable system within all or any portion of the City to any person or entity, whether operating under an existing franchise or not, who applies for authority to furnish cable service which complies with the terms and conditions of this chapter, provided that such person or entity also agrees to comply with all of the provisions of the customer service standards and the franchise. However, this shall not be deemed to require the grant of a franchise to any particular person or entity. The City Council may restrict the number of franchisees should it determine such a restriction would be in the public interest. 21.04.030 Franchise Grant. A franchise granted by the City under the provisions of this chapter shall: 21.04.040 Franchise Purposes. (a) Permit the franchisee to engage in the business of operating a cable system and providing cable service within the City; (b) Permit the franchisee to erect, install, construct, repair, reconstruct, replace and retain wires, cables, related electronic equipment, conduits and other property in connection with the operation of the cable system in, on, over, under, upon, along and across rights-of-way within the City; and (c) Set forth the obligations of the franchisee under the franchise. Any franchise granted pursuant to this chapter shall be nonexclusive and not preclude the City from granting other or future franchise or permits. 21.04.050 Nonexclusive Franchise. (a) An applicant for an initial franchise shall submit to the City a written application in a format provided by the City, at the time and place specified by the City for accepting applications, and accompanied by the designated application fee. An application fee as set forth in the adopted fee resolution shall accompany the application to cover costs associated with processing the application, including, without limitation, costs of administrative review, financial, legal and technical evaluation of the applicant, the costs of consultants, notice and publication requirements, and document preparation expenses. 21.04.060 Application. (b) Application – Contents. An application for an initial franchise for a cable system shall contain, at a minimum: 1. A statement as to the proposed franchise and information relating to the characteristics and location of the proposed system; 2. A resume of prior history of the applicant, including the expertise of the applicant in the cable system field; 3. Information demonstrating the applicant’s legal, technical and financial ability to construct and operate the proposed system; ORDINANCE NO. 2010-xxx 5 4. A list of the partners, general and limited, of the applicant, if a partnership; members, if a limited liability company; or the percentage of stock owned or controlled by each stockholder having a five percent or greater interest, if a corporation; 5. A list of officers, directors and key employees of the applicant, together with a description of the background of all such persons; 6. The names and addresses of any parent entity or subsidiary of the applicant or any other business entity owning or controlling the applicant in whole or in part, or owned or controlled in whole or in part by the applicant; 7. A proposed construction and service schedule; 8. Any other reasonable information that the City may request. (c) The City shall be allowed the opportunity to ask relevant follow-up questions and obtain further information from any source. A refusal by an applicant to cooperate or provide requested information is sufficient grounds for the City to deny an application. (d) Consideration of Initial Franchise. Upon receipt of an application for an initial franchise and after obtaining any additional information the City in its sole discretion deems appropriate from any source, a hearing shall be scheduled to allow public comment. At the hearing, the City Council shall receive public comment regarding the following: 1. Public Benefit. Whether the public will benefit from granting a franchise to the applicant; 2. Qualifications. Whether the applicant appears to have adequate legal, financial and technical qualifications and capabilities to build, operate and maintain a cable system in the City; 3. No Conflicting Interests. Whether the applicant has any conflicting interests, either financial or commercial, that will be contrary to the interests of the City; 4. Compliance with the Franchise and Local Laws. Whether the applicant will comply with all of the terms and conditions placed upon a franchisee by the franchise, this chapter, customer service standards and other applicable local laws and regulations; 5. Compliance with Other Requirements. Whether the applicant will comply with all relevant federal and state laws and regulations pertaining to the construction, operation and maintenance of the cable system. (e) After the hearing is closed, the City Council shall decide whether to grant a franchise and on what conditions. City Council decisions shall be made within 90 days for those projects that have a pre-existing right to access the public rights-of-way or 180 days in all other cases. The City Council’s decision shall be based upon the application, any additional information submitted by the applicant or obtained by the City from any source, and public comments. The City Council may grant one or more franchises, or may decline to grant any franchise. (a) The term of any franchise, and all rights, privileges, obligations and restrictions pertaining thereto, shall be specified in the franchise. The effective date of any franchise shall be as specified in the franchise. 21.04.070 Duration. (b) Any franchise granted hereunder shall be valid for those geographic areas specified in the franchise. 21.04.080 Police Powers. ORDINANCE NO. 2010-xxx 6 In accepting any franchise, the franchisee acknowledges that its rights thereunder are subject to the police powers of the City to adopt and enforce general ordinances necessary for the health, safety and welfare of the public, and it agrees to comply with all applicable laws enacted by the City pursuant to such power. For the purposes of operating and maintaining a system in the City, a franchisee may place and maintain within the rights-of-way such property and equipment as are necessary and appurtenant to the operation of the cable system. Prior to construction or alteration of the system in the rights- of-way, the franchisee shall procure all necessary permits, pay all applicable fees in connection therewith, and comply with all applicable laws, regulations, resolutions and ordinances, including, but not limited to, land use and zoning requirements. 21.04.090 Use of Rights-of-Way. No franchise shall relieve franchisee of any of its obligations involved in obtaining pole or conduit agreements from any department of the City, any utility company, or from others maintaining facilities in the rights-of-way. 21.04.100 Pole or Conduit Agreements. The franchisee shall pay the City franchise fees in accordance with the terms of the franchise and applicable law. 21.04.110 Franchise Fees. Nothing in this chapter shall limit the franchisee’s obligation to pay applicable local, state and federal taxes. 21.04.120 Taxes. (a) Policy. A cable operator will first resolve customer inquiries and complaints without delay and without involvement of the City. Where a given complaint is not addressed by the cable operator to the customer’s satisfaction, the City may intervene. 21.04.130 Customer Service Standards. These standards are intended to be of general application. A cable operator is free to exceed these standards for the benefit of its customers. However, the cable operator shall be relieved of obligations hereunder if it is unable to perform due to a force majeure event affecting a significant portion of the franchise area. (b) Customer Service. 1. Courtesy. All employees of the cable operator shall be courteous, knowledgeable, and helpful, and shall provide effective and satisfactory service in all contacts with customers. 2. Availability and Accessibility – In Person. The cable operator must maintain, at a minimum, one (1) customer service center located within 25 miles of the Arlington City Limits This customer service location shall at all times allow customers to make payments, return equipment, or get assistance from knowledgeable staff. The customer service center shall be open Monday through Saturday, excluding legal holidays, with sufficient hours necessary to meet customer demand. The customer service center will be staffed to meet all ORDINANCE NO. 2010-xxx 7 customer needs with on-site customer service representatives. If, however, the customer service center is required to relocate, the cable operator shall be allowed a reasonable period of time to establish a new location. 3. Availability and Accessibility – On the Telephone. A CSR will be available to respond to customer inquiries during normal business hours. The cable operator shall maintain local or toll free telephone access lines that shall be available during normal business hours for service/repair requests and billing inquiries. The cable operator shall retain sufficient CSRs and telephone line capacity to ensure that, during normal operating conditions, telephone calls to service/repair and billing inquiry lines are answered within thirty (30) seconds or less, and that any transfers are made within thirty (30) seconds. This standard shall be met no less than ninety (90) percent of the time, measured on a quarterly basis under normal operating conditions. Under normal operating conditions, the total number of calls receiving busy signals shall not exceed three percent (3%) of the total telephone calls. The cable operator shall not be required to acquire equipment or perform surveys to measure compliance with any of the telephone answering standards above unless and until the City requests such actions based on a historical record of customer complaints indicating a clear failure to comply. (c) Responsiveness. 1. The cable operator shall complete all standard aerial installations within seven (7) days after an order has been placed, unless otherwise requested by the customer. The cable operator shall schedule all standard underground installations within seven (7) days after an order has been placed, unless otherwise requested by the customer. “Standard” installations shall include those that are located within 125 aerial feet or sixty (60) underground trench feet of the cable operator’s distribution system. This standard must be met ninety-five percent (95%) of the time, under normal operating conditions as measured on a quarterly basis. If the customer requests a non-standard installation, or the cable operator determines that a non-standard installation is required, the cable operator shall provide the customer in advance with a total installation cost estimate and an estimated date of completion. 2. Under normal operating conditions, all temporary cable drops shall be converted to a permanent drop within no more than three (3) calendar weeks from the initial installation, or at a time mutually agreed upon between the cable operator and customer. 3. Customers requesting installation of cable service or repair service to an existing installation may choose any available four (4) hour block of time for the appointment during normal business hours. 4. The cable operator shall be deemed to have responded to a request for service under the provisions of this subsection when a technician arrives within the agreed upon time. If the customer is absent when the technician arrives, the technician shall leave written notification of timely arrival. A record that notice was provided shall be kept by the cable operator. 5. If a cable operator representative fails to keep an installation or service appointment for any reason, the cable operator will contact the customer before ORDINANCE NO. 2010-xxx 8 the end of the scheduled appointment and reschedule the appointment at a time convenient for the customer. 6. The cable operator shall respond to a customer’s letter in writing within two (2) weeks of receipt of the letter. The cable operator shall initiate resolution to a customer’s inquiry, complaint, general question, or comment made by telephone or email within forty-eight (48) hours. 7. Any difficulties that cannot be resolved by the CSR shall be referred to the appropriate supervisor who shall use his/her best efforts to contact the customer within twenty four (24) hours of initial contact and resolve the problem within a mutually agreeable timeframe. (d) Repairs and Outages. 1. The cable operator shall interrupt service only for good cause and for the shortest time possible. Scheduled interruptions that the cable operator anticipates will last more than four (4) hours shall occur during periods of minimum use of the cable system as reasonably determined by the cable operator. 2. If a customer calls to report poor signal quality or interruptions attributable to the cable operator’s equipment, the cable operator shall begin working on the problem no later than the next day following the customer’s call, provided that the customer is available, or at such later time as is convenient for the customer. If an appointment is necessary, the customer may choose a four (4) hour block of time during normal business hours. 3. Upon discovery of an outage affecting three (3) or more customers, the cable operator shall initiate its outage repair process within two (2) hours, under normal operating conditions. 4. A cable operator shall initiate repairs to customer reported service interruptions, for any cause beyond the control of the cable operator, within twenty-four (24) hours after the conditions beyond its control have been corrected. 5. Under normal operating conditions, if after twenty-four (24) hours service is not restored to a customer, a cable operator shall, upon a customer’s request, provide a refund or credit or other compensation of equal or greater value. 6. The cable operator will track and record all outages and service interruptions that occur within the franchise area. (e) Bills, Credits, Refunds and Deposits. If a customer requests disconnection of any or all services, billing for affected services shall end on the same day as the request, or on the future date for which the disconnect is ordered. However, the customer may continue to be billed for equipment until returned to the cable operator. The cable operator shall issue a credit or refund to a customer within thirty (30) business days after the close of the billing cycle following the return of the equipment and request for disconnection. If a customer was required to provide a deposit, that deposit must be returned when appropriate. (f) Treatment of Property. 1. Removal or trimming of trees and shrubs in the right-of-way will be subject to the regulations of the City. 2. The cable operator shall repair any damage or restore any property to as good a condition as before the work causing such damage or disturbance was initiated. The cable operator shall repair, replace, or compensate all property owners for ORDINANCE NO. 2010-xxx 9 damages resulting from the cable operator’s installation, construction, service, or repair activities. 3. Except in the case of an emergency involving public safety or service interruption to a large number of customers, the cable operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that, in the case of planned construction operations, such notice shall be delivered or provided at least twenty four (24) hours prior to entry. All work done in the right-of-way shall be subject to time requirements of the permit. 4. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law. 5. For major construction or installation projects, the cable operator shall notify by mail or door hanger the adjacent property owners/legal tenants in advance of the right-of way work. In the case of an emergency, the cable operator shall attempt to contact the property owner or legal tenant in person, and in the event personal contact is not made, the cable operator shall leave a door hanger notice. 6. The cable operator shall clean all areas surrounding any work site of debris caused by the cable operator’s activities. (g) Services for Customers with Disabilities. 1. For any customer with a disability, the cable operator shall upon a customer request and at no charge deliver and/or pick up converters at the customer’s home. 2. The cable operator shall provide TDD/TYY service with trained operators who can provide assistance for hearing-impaired customers at no charge. 3. The cable operator shall comply with the Americans with Disabilities Act. (h) Customer Information. 1. The cable operator shall provide to customers an accurate, comprehensive service agreement and customer installation packet upon installation, including the following information: a. Products and services offered by the cable operator, including channel positions of programming carried on the cable system. b. The cable operator’s complete range of service options and the prices for those services and conditions of subscription to programming and other services. c. Installation and service maintenance policies, including the customer’s and cable operator’s responsibilities for equipment. d. Billing and complaint procedures for investigation and resolution of customer service complaints, including the address and telephone number of the cable operator’s office(s), the cable operator’s policies on deposits, credit balances, and returned check charges. e. Policies concerning protection of customer privacy as required under law. f. The availability of a parental control/lock out device and the procedures for channel blocking. g. Service termination procedure. ORDINANCE NO. 2010-xxx 10 h. A description of the manner that will be used to provide notice of changes in rates, services, or service terms and conditions. i. The phone number of the Customer Service Department that is responsible for handling cable questions and complaints for the cable operator. This information shall be prominently displayed in the installation packet. 2. The cable operator shall provide customers with written notification of any changes in rates, programming, services, or channel positions as soon as possible in writing. Customers shall be given a description of the changes, a phone number for questions, and the effective date. Notice must be given to customers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. 3. All officers, agents, and employees of the cable operator, its contractors, and subcontractors who are in personal contact with customers shall have visible identification cards bearing their name and photograph. 4. Every vehicle of the cable operator, its contractors, and subcontractors, shall be clearly identified to the public as a vehicle of the cable operator. (i) Safety. 1. The cable operator shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not endanger persons or property. 2. Whenever the cable operator receives notice that an unsafe condition exists with respect to its equipment, the cable operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition. (j) Complaints to the City. 1. Any customer shall be entitled to lodge any complaint directly with the City. The customer may lodge the complaint either by calling the City or by filing a written complaint by letter or in electronic form. 2. If the City decides that further action is warranted, the City may intercede and attempt to help reach a resolution and/or require the cable operator to address the inquiry in a timely manner. Upon request by the City, the cable operator shall notify the City of the status of the inquiry and any subsequent resolution. 3. The cable operator shall maintain, in a manner consistent with the privacy rights of customers, an accurate and comprehensive file of complaints regarding the cable system or the cable operator’s operation of the cable system, by number and type and their disposition; service requests, identifying the number and nature of the requests and their disposition; and outages, service interruptions and their disposition. (k) Remedying Violations. If the City has reason to believe that the cable operator has failed to comply with any of these standards, or has failed to perform in a timely manner, or if similar complaints repetitively arise, the City may require in writing that the cable operator remedy the noncompliance. If the noncompliance is not remedied to the satisfaction of the City, the City may opt to follow the liquidated damages procedures or seek other remedies set forth in the franchise, or pursue any other remedies at law or in equity. ORDINANCE NO. 2010-xxx 11 Franchisee shall comply with and obtain, at its own expense, all permits, licenses and other authorizations required by federal, state and local laws, rules, regulations and applicable resolutions and ordinances which are now existing or hereafter lawfully adopted. 21.04.140 Other Authorizations. In addition to the inherent powers of the City to regulate and control any franchise it issues, the authority granted to it by the Cable Act, and those powers expressly reserved by the City, or agreed to and provided for in a franchise, the right and power is reserved by the City to promulgate such additional rules and regulations as it may find necessary in the exercise of its lawful powers and in furtherance of the terms and conditions of a franchise and this chapter, and as permitted by applicable state and federal law. 21.04.150 Rules and Regulations of the City. Any right or power of the City may be delegated by the City to any officer, employee, department or board of the City or to such other person or entity as the City may designate to act on its behalf. 21.04.160 Delegation of Powers. (a) Franchisee shall design, construct and maintain its cable system to serve every residential dwelling unit in the franchise area, subject to any density requirements contained within the franchise. Commercial facilities shall be served in accordance with the provisions of the franchise. 21.04.170 Technical Standards. (b) Franchisee shall construct, install, operate and maintain its cable system in a manner consistent with all enacted and applicable federal, state and local laws and regulations, FCC technical standards and any other applicable standards set forth in the franchise. (a) All facilities constructed or operated under this chapter shall be installed and maintained at such places in or upon such rights-of-way and public places as shall not interfere with the free passage of traffic and the free use of adjoining property, and shall conform to federal standards, Washington requirements, and City regulations. 21.04.180 Construction Standards. (b) Franchisee shall be subject to any and all requirements established by the City with regard to the placement and screening of franchisee’s facilities and equipment located in the rights-of-way and on other public property. Such requirements may include, but are not limited to, the use of landscaping to screen pedestals and cabinets and a requirement that construction be flush with the natural grade of the surrounding area. (c) The franchisee shall comply with any applicable ordinances, resolutions, rules, regulations and policies of the City regarding geographic information systems mapping for users of the rights-of-way; provided that all similarly situated users of the rights-of- way must also accordingly comply. The franchisee shall guarantee the durability and structural integrity of any street cut or repair made by it or its agents which are necessary for the construction, installation, operation, repair or 21.04.190 Street Cut or Repair. ORDINANCE NO. 2010-xxx 12 maintenance of franchisee’s facilities for the life of the street; provided, that no action by a third party materially affects the integrity of franchisee’s street cut or repair. Franchisee shall repair or replace, at no expense to the City, any failed street cut or repair which was completed by franchisee or franchisee’s agent(s), as determined by the City engineer. The franchisee shall, at all times, employ professional care and install, maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. In furtherance thereof, the franchisee must comply with the City’s traffic control requirements, including, for example, but without limitation, the use of signal devices, warning signs and flaggers when appropriate. All of franchisee’s structures, cables, lines, equipment and connections in, over, under and upon the rights-of-way and public ways or other places in the franchise area, wherever situated or located, shall at all times be kept and maintained in a safe condition. 21.04.200 Safety Requirements. The City may regulate franchisee’s rates and charges to the full extent permitted by law. 21.04.210 Regulations of Rates and Charges. The franchisee will be bound by all of the provisions of applicable federal, state and local privacy laws. 21.04.220 Privacy Laws. (a) The franchisee shall not deny cable service or otherwise discriminate against subscribers or others on the basis of race, color, religion, national origin, sex, age, disability or other protected classes. 21.04.230 Discriminatory Practices Prohibited. (b) Access to cable service shall not be denied to any group of potential residential cable customers because of the income of the residents of the local area in which such group resides. The franchisee shall strictly adhere to and comply with the equal employment opportunity requirements of federal, state and local laws. 21.04.240 Equal Employment Opportunity. To the extent allowed by applicable law, the City may require a franchisee to reimburse the City for the City’s reasonable processing and review expenses in connection with a sale or transfer of a franchise or a change in control of a franchise or franchisee, including, without limitation, costs of administrative review, financial, legal and technical evaluation of the proposed transferee or controlling party, costs of consultants, notice and publication costs, and document preparation expenses. In connection with the foregoing, the City will send franchisee an itemized description of all such charges, and franchisee shall pay such amount within 30 days after the receipt of such description. 21.04.250 Reimbursement. 21.04.260 Special Rate Discounts. ORDINANCE NO. 2010-xxx 13 The City encourages franchisee to provide special rate discounts for certain senior subscribers and permanently disabled subscribers as follows: (a) The eligibility for the special rate considerations set forth in this section shall be limited to those subscribers who qualify as a “senior” or as “permanently disabled” under the City’s prevailing standards and procedures and who must also be eligible for utility discounts from the City. The subscriber must also be the owner-occupant of a single- family or multiple dwelling unit residence or the legally responsible lessee of a rental residential dwelling or unit. (b) Franchisee is encouraged to waive the standard installation fee for those dwellings or units within 125 feet of franchisee’s cable system for those subscribers who are eligible under subsection (1) of this section. Franchise renewals shall be conducted in accordance with applicable law. The City and franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of a franchise. 21.04.270 Franchise Renewal. Any franchise granted by the City may be revoked during the period of such franchise, as provided in the franchise, subject to the procedural requirements provided for therein. A failure by the franchisee to comply with any of the material provisions of this chapter shall be deemed a material violation of the City Code. 21.04.280 Franchise Revocation. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the same has become effective. Within 45 days after the adoption by the City Council of the ordinance awarding a franchise, or within such extended period of time as the City Council in its discretion may authorize, the franchisee shall file with the City clerk its written and unconditional acceptance of the franchise. 21.04.290 Effective Date of Franchise. (a) Where a franchise and this chapter conflict, both shall be liberally interpreted to achieve a common meaning or requirement. In the event that this is not possible within reasonable limits, the franchise shall prevail. 21.04.300 Miscellaneous Provisions. (b) This chapter shall be construed in a manner consistent with all applicable federal, state and local laws, and shall apply to any franchise hereafter accepted by a franchisee. (c) A franchisee shall not be relieved of its obligations to comply with any or all of the provisions of this chapter by reason of any failure of the City to demand prompt compliance. (d) The provisions of this chapter shall apply to all cable operators and cable systems to the greatest extent permissible under applicable law. If any section, subsection, paragraph, or provision of this chapter is determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction, such determination 21.04.310 Severability. ORDINANCE NO. 2010-xxx 14 shall have no effect on the validity of any other section, subsection, paragraph, or provision of this chapter, all of which will remain in full force and effect. Section 2. 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 3. 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