HomeMy WebLinkAbout_12-01-25 Council Meeting
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 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
1. Minutes of the November 17 and November 24, 2025 Council meetings ATTACHMENT A
2. Accounts Payable ATTACHMENT B
3. Interlocal Agreement with Snohomish County for Technology Services ATTACHMENT C
PUBLIC HEARING
1. Development Agreement with MJS Investors Acquisition, LLC ATTACHMENT D
for Lindsay Subarea Plan
Staff Presentation: Amy Rusko
Council Liaison: Debora Nelson
NEW BUSINESS
1. Settlement Agreement ATTACHMENT E
Staff Presentation: Paul Ellis
Council Liaison: Michele Blythe
2. Memorandum of Understanding with Stillaguamish Tribe of Indians ATTACHMENT F
Staff Presentation: Paul Ellis
Council Liaison: Heather Logan
Arlington City Council Meeting
Monday, December 1, 2025 at 6:00 pm
City Council Chambers – 110 E 3rd Street
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 711 (TDD only) prior to the meeting date if special accommodations are required.
3. Authorization to Apply for Snohomish County Hotel-Motel Grant ATTACHMENT G
Round 2 for 2026
Staff Presentation: Sarah Lopez
Council Liaison: Debora Nelson
4. Request for Permit Fee Waiver ATTACHMENT H
Staff Presentation: Sarah Lopez
Council Liaison: Rob Toyer
5. Department of Ecology Stormwater Grant Acceptance ATTACHMENT I
Staff Presentation: Jim Kelly
Council Liaison: Leisha Nobach
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
DRAFT
Page 1 of 3
Council Chambers 110 East 3rd Street Monday, November 17, 2025
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette.
Council Members Absent: None.
Staff Present: Mayor Don Vanney, Paul Ellis, Shawn Friang, Shelby Burke, Sheri Amundson, Jim Kelly, Kris Wallace, Amy Rusko, Thad Newport, Mike Gilbert, City Attorney Oskar Rey, and Chelsea Brewer.
Also Known to be Present: Kathy Vanney, Nathan Senff, Heather Watland, Tim Abrahamson, Dave Kraski, Steve Goforth, Shelby Kreminich, and others. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Leisha Nobach seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Leisha Nobach seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the November 3 and November 10, 2025 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #114562 through #114623, dated October 21, 2025, through November 3, 2025 in the amount of $829,233.17; Approval of Payroll EFT Payments and Check #30470 through #30474 dated October 1, 2025, through October 31, 2025, in the amount of $1,697,464.64.
PUBLIC HEARING None.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting November 17, 2025
Page 2 of 3
NEW BUSINESS
City Council’s Confirmation and Ratification of Directors’ Appointments City Administrator Paul Ellis requested Council confirm and ratify the appointment of three department directors Marty Wray was appointed to the position of Airport Director January 1, 2024. Amy Rusko was appointed to the position of Community and Economic Development Director July 1, 2025. Shelby Burke was appointed to the position of Finance Director November 3, 2025.
Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to confirm and ratify the appointments of Director Marty Wray, Director Amy Rusko, and Director Shelby Burke. The motion passed unanimously.
Change Order No. 2 for SR530 Utility Crossing City Administrator Paul Ellis requested Council approve the SR530 utility crossing fiber installation Change order No. 2 which includes Washington State Sales Tax. The original project amount was $149,959.60. A break in the conduit was found, so repairs were needed, and Change Order No. 1 ($11,798.70) was approved by Council. That price did not include Washington State Sales Tax. Councilmember Leisha Nobach moved, and Councilmember Michele Blythe seconded the motion to approve Change Order No. 2 for the SR530 Utility Crossing Fiber Installation and authorized the Mayor to sign the Change Order. The motion passed unanimously.
Change Order No. 4 for 211th Place Corridor Project Public Works Director Jim Kelly requested Council approve Change Order No. 4 for the 211th Place Corridor Project. As the 211th Place Corridor Improvement project finished up, unexpected conditions that were encountered and solved mutually with the contractor need to be finalized. Change Order No. 4 is a summary of the final four items, all unplanned project conditions (COP-10 through COP-13). Councilmember Jan Schuette moved, and Councilmember Debora Nelson seconded the motion to approve Contract Change Order No. 4 to the 211th Place Improvement Project and authorized the Mayor to sign it. The motion passed unanimously.
Ordinance Adopting Fire Sprinkler Code Community and Economic Development Director Amy Rusko requested Council approve the ordinance adopting fire sprinkler code. Adding new Section, 15.24.040-Fire Sprinkler Systems, to AMC Title 15 Fire Regulations will require fire sprinklers to be installed in all new construction, including Residential one- and two-family dwellings.
Minutes of the City of Arlington City Council Meeting November 17, 2025
Page 3 of 3
This is in anticipation of the upcoming development of single-family detached homes that will be built on 3600-4200 square foot lots with reduced separation and in locations having significant topography that may increase the response time of Fire/EMS apparatus due to the proposed grades of the roadways. The installation of sprinkler systems in all new construction also enables us to evaluate the reduction of roadway widths, substantially reducing the initial cost of installation by the developer and the overall maintenance cost incurred by the city in perpetuity. This item was discussed in detail at the May 27 Council workshop, June 2 Council meeting, and the June 9 Council workshop, where it was tabled for discussion until a later date.
Councilmember Debora Nelson moved, and Councilmember Yvonne Gallardo-Van Orman seconded the motion to approve the amended ordinance as recommended by staff and modified by the staff during the discussion of this meeting, for the inclusion of Section 15.24.040 to AMC Title 15 and authorized the Mayor to sign it. The motion passed 6-1, with Councilmember Leisha Nobach voting no.
COMMENTS FROM COUNCILMEMBERS Councilmember Debora Nelson thanked Public Works for the excellent work on Division and Broadway. Councilmember Yvonne Gallardo-Van Ornam thanked the staff and volunteers at the Stilly Valley Senior Center for the holiday bazaar.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT None.
EXECUTIVE SESSION City Attorney Oskar Rey announced the need for an executive session to review the performance of a public employee [RCW 42.30.110(1)(g)] for 10 minutes to last until 6:35 p.m. Council began the executive session at 6:25 p.m. Council returned at 6:35 with open session resuming.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:35 p.m. _________________________________________ Don E. Vanney, Mayor
DRAFT
Page 1 of 4
Council Chambers 110 East 3rd Street Monday, November 24, 2025
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe, Yvonne Gallardo-Van Ornam, Leisha Nobach, and Jan Schuette.
Council Members Absent: None.
Staff Present: Mayor Don Vanney, Paul Ellis, Shelby Burke, Bryan Terry, Jim Kelly, Kris Wallace, Amy Rusko, and Chelsea Brewer.
Also Known to be Present: Kathy Vanney, Heather Watland, Randy Nobach, and Tim Abrahamson.
Mayor Don Vanney called the special meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
SPECIAL MEETING – FINAL ACTION MAY BE TAKEN
Authorization to Apply for Drinking Water State Revolving Fund Grant/Loan Public Works Director Jim Kelly requested Council authorize staff to apply for the Drinking Water State Revolving Fund (DWSRF) Grant/Loan. Public Works is asking for authority to apply under the DWSRF Construction Loan program in the amount of $2.5 million to help fund the construction of the Water Treatment Plant (WTP) Expansion project. Mayor Pro Tem Michele Blythe moved, and Councilmember Heather Logan seconded the motion to authorize Caitlin Dwyer to submit a grant application to the Drinking Water State Revolving Fund Construction Loan program in the amount of $2,500,000.00 to help fund the construction of the WTP Expansion project. The motion passed unanimously. Councilmember Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to close the special meeting.
Minutes of the Arlington
City Council Special Meeting
and Workshop
Minutes of the City of Arlington City Council Workshop November 24, 2025
Page 2 of 4
Mayor Vanney opened the workshop.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Memorandum of Understanding with Stillaguamish Tribe of Indians City Administrator Paul Ellis reviewed a memorandum of understanding (MOU) with Stillaguamish Tribe of Indians to study the feasibility of utility service to the tribal property. The City and the Tribe have a mutual interest and intent to collaborate on exploring the potential for the Tribe to connect to the City's water and sewer system. Both the City and the Tribe agree this MOU will be in place until such time that both parties determine that the purpose of the MOU has been fulfilled or that further collaboration is no longer necessary. The parties agree to jointly work in conducting an engineering evaluation of how bring water and sewer services to the Tribe's property on 236th Street, including evaluation potential costs, time frames, and legal or regulatory requirements for establishing a connection. The parties agree to share information and technical data relevant to the infrastructure evaluation, and to work cooperatively to ensure transparency and communication between both parties. Discussion followed with Mr. Ellis answering Council questions.
Interlocal Agreement with Snohomish County for Technology Services IT Director Bryan Terry reviewed an interlocal agreement with Snohomish County for technology services. Staff is requesting Council authorize the Mayor to sign the 2026-2031 Interlocal Agreement. The City of Arlington partners with Snohomish County for technology services such as network rack space and connectivity in the County’s data center as well as GIS Services (CONNECTExplorer). The contract maximum will not exceed $40,000 over the five-year term. Discussion followed with Mr. Terry answering Council questions.
Development Agreement with MJS Investors Acquisition, LLC for Lindsay Subarea Plan Community and Economic Development Director Amy Rusko reviewed the development agreement with MJS Investors Acquisition, LLC. The City of Arlington is entering into a Development Agreement with MJS Investors Acquisition, LLC regarding specific aspects of the Lindsay Subarea Plan. The main reason is to vest the current Critical Area Ordinance regulations, along with the process of future code amendments, park requirements, roadway dedications, creek crossing improvements, phased utility improvements, potential utility credits, ability for cost recovery and/or latecomer agreements, development in multiple phases, SEPA review, conceptual site plan modifications, and term of agreement with periodic review. The new updated Critical Area Ordinance is scheduled to go forward at City Council after a decision is made on this development agreement. Discussion followed with Ms. Rusko answering Council questions.
Six-Year Transportation Improvement Plan for 2026 to 2031 Public Works Director Jim Kelly reviewed the Six-Year Transportation Improvement Plan (TIP) for years 2026-2031.
Minutes of the City of Arlington City Council Workshop November 24, 2025
Page 3 of 4
In accordance with state law, every municipality must annually update their TIP for the following six years. Any road construction project that is to be considered for Intermodal Surface Transportation Efficiency Act or Transportation Improvement Board funding must be listed on the TIP. To be eligible for allocation of 1/2-cent gas tax monies, projects must also be listed. The TIP represents projects that the City would like to have completed, or funded, over the next six years (2026 to 2031). Prior to adopting this plan, it must be presented for a public hearing which will be held on December 15, 2025. Discussion followed with Mr. Kelly answering Council questions.
Department of Ecology Stormwater Grant Acceptance Public Works Director Jim Kelly reviewed the Stormwater Capacity Grant Agreement for fiscal years 2025-2027 for July 2025 to March 2027 for $120,000 to fund Stormwater NPDES Phase II activities. The Stormwater Capacity Grant Program provides funding to municipalities for work and projects associated directly with the implementation of Phase II National Pollutant Discharge Elimination System (NPDES) stormwater permits. The Department of Ecology’s Municipal Stormwater Capacity Grants Program has again increased the award amount, for biennium 2025-2027 the City will receive $120,000.00. Due to delay by Ecology, the contract is late being sent for signatures, however the City will be reimbursed for eligible expenses incurred from July 2025 if it so chooses. There is no City match required for this grant. A budget amendment will be added to the 2026 stormwater budget if necessary. Discussion followed with Mr. Kelly answering Council questions.
October Financial Report Finance Director Shelby Burke reviewed the October financial report.
ADMINISTRATOR AND STAFF REPORTS None.
MAYOR’S REPORT Mayor Vanney provided a briefing on his trip to the National League of Cities conference.
COMMENTS FROM COUNCILMEMBERS None.
COUNCILMEMBER REPORTS Councilmembers Gallardo-Van Ornam and Blythe provided brief updates, while Councilmembers Logan, Toyer, Nelson, Schuette, and Nobach had nothing to report this evening.
PUBLIC COMMENT None.
Minutes of the City of Arlington City Council Workshop November 24, 2025
Page 4 of 4
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put item no. 2 Interlocal Agreement with Snohomish County for Technology Services on the consent agenda for the December 1, 2025 Council meeting.
EXECUTIVE SESSION City Administrator Paul Ellis announced the need for an Executive Session to discuss pending or potential litigation [RCW 42.30.110(1)(i)] to last 10 minutes until 6:45 p.m. Council began the executive session at 6:35 p.m. Council returned at 6:45 with open session resuming.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:48 p.m. _________________________________________ Don E. Vanney, Mayor
Item City of Arlington Council Agenda Bill CA #2 Attachment December 1, 2025 Accounts Payable Claims Approval
Claims Approval
Finance; Shelby Burke, Director 360-403-3423 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
City of Arlington
December 1st, 2025 Council Meeting
Claims Certification:
We, the undersigned City Council of the City of Arlington, Washington, do hereby certify that
the merchandise or services hereinafter specified have been received and that:
Approval of EFT Payments and Claims Checks #114624 through #114711, dated November
4th, 2025, through November 17th, 2025 - in the amount of $2,764,688.84
City of Arlington Council Agenda Bill
Item: CA #3 Attachment C
COUNCIL MEETING DATE: December 1, 2025
Interlocal Agreement with Snohomish County for Technology Services
Interlocal Agreement for 2026-3031
Information Technology; Bryan Terry, Director EXPENDITURES REQUESTED: Not to exceed $40,000 BUDGET CATEGORY: IT Services BUDGETED AMOUNT: LEGAL REVIEW:
Staff is requesting Council authorize the mayor to sign the 2026-2031 Interlocal Agreement with Snohomish County for Technology Services.
The City of Arlington partners with Snohomish County for technology services such as network rack space and connectivity in the County’s data center as well as GIS Services (CONNECTExplorer). The contract maximum will not exceed $40,000 over the five-year term.
Technology Services and authorize the Mayor to sign it.
Page 1 of 18
COUNTY DEPARTMENT: Department of Information Technology
CONTACT PERSON: Viggo Forde, Director
ADDRESS: 3000 Rockefeller Ave. Everett, WA 98201
TELEPHONE/EMAIL: (425) 388-3703 / viggo.forde@snoco.org
PUBLIC AGENCY: City of Arlington
AGENCY CONTACT PERSON: Bryan Terry, IT Director
ADDRESS: 238 North Olympic Avenue
Arlington, WA 98223
TELEPHONE/EMAIL: (425) 403-3426 / bterry@arlingtonwa.gov
PROJECT: Information Technology Services
AMOUNT: As specified in Work Orders
Not to exceed $40,000 for the five (5) year life
of the Agreement
FUND SOURCE: City of Arlington
CONTRACT DURATION: January 15, 2026 through January 14, 2031
INTERLOCAL AGREEMENT BETWEEN CITY OF ARLINGTON AND SNOHOMISH
COUNTY TO PROVIDE INFORMATION TECHNOLOGY SERVICES
THIS AGREEMENT is entered into by and between SNOHOMISH COUNTY, a political
subdivision of the State of Washington, through its Department of Information Technology
(hereinafter “County” or “SCIT”) and City of Arlington (hereinafter “Agency”) for the purpose of
SCIT providing information technology services to Agency.
WHEREAS, this Agreement is made pursuant to the authority granted by Chapter 39.34
RCW, the Interlocal Cooperation Act; and
WHEREAS, Chapter 2.350 of the Snohomish County Code (SCC) provides for SCIT to
provide for information services, information processing, software and purchased information
services to public agencies and cash-on-delivery customers; and
WHEREAS, Agency is a “public agency” as that term is defined in SCC 2.350.020(13)
and RCW 39.34.020; and
Page 2 of 18
WHEREAS, Agency requires information technology services, which may include
maintenance and support, assistance in the planning, management, control, operation, and use of
information services, network, telecommunications, information processing, equipment,
purchased services and proprietary software.
NOW, THEREFORE, and in consideration of the respective agreements set forth below
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County and Agency agree as follows:
1. Scope of Information Technology Services:
a. The County will provide information technology goods and information processing
services as agreed upon in Work Order (WO). Each WO shall be executed by the
County Executive, or designee, and an authorized agent for Agency, and subject to the
general terms and conditions of this Agreement. Each WO will include a description of
the specific services to be provided, the term, and the costs of such service from
quotation or from the published rate or fee schedule, and any other terms or conditions
applicable to that service. The scope of information technology goods and information
services to be provided are limited to the following:
A. Provide space in the Meet-Me-Room rack to mount Agency’s network
equipment in the SCIT data center;
B. Provide cross-connects to connect to other agencies or services located in the
SCIT data center;
C. Assist in the planning, management, control, operation and use of integrated
city, jurisdictional, government and County networks, telecommunications,
information processing, systems and equipment required by Agency; provide
Internet Service Provider (ISP) services;
D. Coordination of the planning, management, control, operation, and use of
information services, backbone network, telecommunications, information
processing, equipment, purchased services and proprietary software required by
Agency;
E. Provide Orthoimagery through Snohomish County’s agreement with
EagleView (Pictometry International Corp.);
F. Provide hourly Geographic Information Systems as requested by Agency.
2. Contract Maximum: All Work Orders executed under this ILA shall not exceed an aggregate
total of $40,000.00.
3. TREATMENT OF ASSETS: COMPUTER APPLICATION PROGRAMS AND
Page 3 of 18
OTHER SOFTWARE SYSTEMS FURNISHED TO AGENCY BY THE COUNTY
ARE FURNISHED ON AN “AS IS” BASIS WITH NO REPRESENTATIONS OR
WARRANTIES REGARDING USE OR RESULTS INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS INDICATED IN A WO FOR SERVICE.
Agency Data: “Agency Data” means the data provided or input by or on behalf of Agency,
and User or Affiliate of Agency or any authorized Third-Party User for use with the services.
Agency shall own all rights, title and interest in and be completely responsible for the Agency
Data, which shall never be deemed to be property of the County, even if delivered or
incorporated therewith into any custom software or service provided by the County. The
County shall have no responsibility whatsoever for the accuracy, quality, integrity, legality,
reliability, appropriateness, and intellectual property ownership of Agency Data, and the
County shall not review, monitor or check the Agency Data except as necessary to provide
the service to Agency. The County shall not be responsible for, or liable, in any way, for the
deletion, destruction, damage, breach or loss of any Agency Data through no fault of the
County or its providers.
Property: Title to all property furnished by the County shall remain in the County. Title to all
property purchased by Agency for which Agency is not reimbursed by the County shall
remain the property of Agency. Title to all property purchased by Agency for which Agency
is reimbursed by the County and is used as a component of services provided under this
Agreement shall pass to and vest in the County upon completion, termination, or cancellation
of the relevant WO or this Agreement.
Any property of the County furnished to Agency shall, unless otherwise provided in this
Agreement, or approved by the County, be used only for the performance of this Agreement
or a WO. Agency shall be responsible for any loss or damage to County property that County
furnishes to Agency.
If County property is lost, destroyed, or damaged, Agency shall immediately notify the
County and shall take all reasonable steps to protect the property from further damage.
Surrender of Property: Agency shall surrender to County all property belonging to County
upon completion, termination, or cancellation of this Agreement. Conversely, County shall
surrender to Agency all property of Agency upon completion, termination, or cancellation of
this Agreement.
4. Time of Performance: Pursuant to RCW 39.34.040 this Agreement shall become effective
upon signature by both parties and either (a) listing of the Agreement by subject on either
party’s web site or (b) recording of the Agreement with the Snohomish County Auditor. The
Agreement shall remain in force for a period up to five (5) years, unless terminated earlier by
either party upon ninety (90) days prior written notice to the other party.
5. Compensation: At no additional cost to Agency, Agency may request an estimate or quotation
Page 4 of 18
of cost for proposed information technology goods or information processing services from
County. Specific agreements addressing costs, term, schedules, and other factors will be
described in an associated WO developed from initial estimates or quotations.
Agency will pay County for services provided hereunder and as set out in WOs.
Charges for information technology, goods and information processing services under this
Agreement shall be based on the current published rate or fee schedule of the County in effect
on the date of execution of this Agreement, unless the specific quotation described in the WO
provides otherwise. Rate and Fee schedules are subject to change. The most current rate and
fee schedule supersedes and replaces all previous published rate and fee schedules.
For services provided on an ongoing basis, the County will submit an invoice or advice of
charge to Agency annually in advance. Payment is due in full 30 days after receipt of the
invoice by Agency and becomes delinquent sixty (60) days thereafter.
A late payment fee may be applied to any remaining balance sixty (60) days after receipt of
invoice. Late payment charges, if any, will be imposed on the unpaid balance at a rate of one
percent (1%) per month. If Agency fails to pay a WO invoice more than ninety (90) days
past due, and fails to cure the same within 5 days written notice of the County, the County
may terminate this Agreement or an applicable WO. Amounts disputed by Agency under
Section 8 of this Agreement are not subject to late payment charges.
6. Obligations of Agency are as follows: As to all new Agency acquisitions of any information
technology equipment, software or systems to be serviced under this Agreement, Agency
shall undertake such acquisitions in accordance with guidelines, standards or procedures
established by SCIT and shall secure written concurrence for any such procurement from the
County Executive or his/her designee.
7. Mutual Covenants: Agency will promptly notify the County in writing of issues regarding
invoices, or of services which Agency believes do not conform with the agreed upon terms
of this Agreement and/or WO, within thirty (30) days of receipt of invoice or performance of
services, whichever occurs later. Failure to give written notice within thirty (30) days after
receipt of invoice or performance of services constitutes waiver of any objection to services
or invoices.
Except as set forth in Section 5 of this Agreement, the parties shall attempt to resolve any
issues arising under this Agreement and/or any applicable WO through negotiation and
consultations. If that fails, the parties will seek to resolve disputes through the aid of a
mutually selected, independent third party.
This Agreement may only be modified by a written amendment executed with the same
formalities as are required for execution of this Agreement.
Both parties understand the County retains discretion regarding the operation and allocation
Page 5 of 18
of the aggregate information processing capacity at its disposal, including the capacity
covered by this Agreement. County agrees to allocate sufficient capacity to meet the existing
processing requirements of Agency during the term of this Agreement.
8. County Review and Approval: Upon submittal of any request to execute a WO or to perform
optional services under any executed WO, the County may, following review by the SCIT,
agree to perform such work or reject it, or request such modification or additions as it deems
appropriate.
At the outset of performance of each WO, or during performance of the WO to the extent the
same is modified by the Parties, the County will either accept or reject Agency’s systems and
services as listed in the WO. The County will not invoice Agency until the County has
accepted service and/or system delivery responsibility, and the WO has been approved per
Section 1 of this Agreement. Agency is not required to pay for services or systems until the
County accepts delivery responsibility for those services and/or systems.
9. Access to Books/Records: Each Party may, at reasonable times, and upon prior notification
inspect the records of the other party relating to performance of this Agreement. County and
Agency shall keep all records required by this Agreement in accordance with statutory
archival requirements.
10. Indemnification and Hold Harmless: Subject to the liability limitation stated in Section 11 of
this Agreement, Agency shall hold harmless, indemnify, and defend, at its own expense,
SCIT, its elected and appointed officials, officers, employees and agents, from any loss or
claim for damages of any nature whatsoever, arising out of Agency’s collection, disclosure,
maintenance, use or the breach of Agency Data, or its performance of this Agreement,
including claims by Agency’s employees or third parties, except for those losses or claims for
damages solely caused by the negligence or willful misconduct of the County, its elected and
appointed officials, officers, employees or agents.
Subject to the liability limitations stated in Section 11 of this Agreement, County shall hold
harmless, indemnify, and defend, at its own expense Agency, its elected and appointed
officials, officers, employees and agents, from any loss or claim for damages of any nature
whatsoever, except loss for data breach, arising out of County’s performance of this
Agreement, including claims by County employees or third parties, except for those losses or
claims for damages solely caused by the negligence or willful misconduct of Agency, its
elected and appointed officials, officers, employees or agents.
Subject to the liability limitations stated in Section 11 of this Agreement, in the event of
liability for damages of any nature whatsoever arising out of the performance of this
Agreement by Agency and County, including claims by Agency’s and County’s own officers,
officials, employees, agents, volunteers, or third parties, caused by or resulting from the
concurrent negligence of Agency and the County, their officers, officials, employees, agents
and volunteers, each party’s liability hereunder shall only be to the extent of that party’s
negligence.
Page 6 of 18
11. Limitation of Liability: In no event will County or Agency be liable for any special,
consequential, indirect, punitive or incidental damages, including but not limited to loss of
data, loss of revenue, or loss of profits, arising out of or in connection with the performance
of the County or Agency under this Agreement or any WO hereunder, even if the County or
Agency has been advised of the possibility of such damages. IN NO EVENT WILL THE
COUNTY BE LIABLE FOR ANY STATUTORY OBLIGATIONS,
CONSEQUENTIAL, INDIRECT, PUNITIVE OR INCIDENTAL DAMAGES,
INCLUDING BUT NOT LIMITED TO BREACH AND/OR LOSS OF DATA NOT
CAUSED BY THE COUNTY, LOSS OF REVENUE, LOSS OF GOODWILL OR LOSS
OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE
OF THE COUNTY UNDER THIS AGREEMENT OR ANY SUPPLEMENTAL WORK
ORDER HEREUNDER, WHETHER BASED IN CONTRACT, TORT, INTENDED
CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION COSTS
INCURRED AS A RESULT OF DECISIONS MADE IN RELIANCE ON THE SERVICES,
LOSS OF THE SERVICES, OR ANY OTHER LOSS OF DATA, THE COSTS OF
RECOVERING OR RECONSTRUCTION SUCH DATA OR CLAIMS BY THIRD
PARTIES.
12. Insurance:
12.1 Agency may self-insure against such risks in such amounts as are consistent with good
practice or shall obtain a coverage agreement through a Risk Pool authorized by Chapter
48.62 RCW, which shall provide liability coverage for the liabilities contractually assumed
by Agency in this Agreement. OR
12.2
a. Agency shall maintain continuously for the duration of this Agreement the following
insurance minimum limits of liability and meet the requirements below:
(i) Commercial General Liability written on an occurrence form at least as broad as
ISO CG 00 01 with minimum limits of liability of $1,000,000 each occurrence,
$2,000,000 General Aggregate, $2,000,000 Products/Completed Operations
Aggregate, $1,000,000 Personal/Advertising Injury Liability, $1,000,000 Damage
to Premises, $1,000,000 each accident/disease—policy limit/disease—each
employee stop gap/Employer’s Liability;
(ii) Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or
claim, $2,000,000 aggregate. Coverage shall include, but not be limited to, claims
involving security breach, system failure, data recovery, business interruption, cyber
extortion, social engineering, infringement of intellectual property, including but not
limited to infringement of copyright, trademark, trade dress, invasion of privacy
violations, information theft, damage to or destruction of electronic information,
release of private information, and alteration of electronic information. The policy
shall provide coverage for breach response costs, regulatory fines and penalties, as
well as credit monitoring expenses.
Page 7 of 18
b. Insurance Provisions and Requirements.
1. The insurance coverages required in this Agreement for all liability policies except
Professional Liability, if applicable, must contain, or must be endorsed to contain, the
following provisions:
(i) The County, its officers, officials, employees and agents are to be covered as
additional insureds as respects liability arising out of activities performed by or on
behalf of Agency in connection with this Agreement. Such coverage shall be primary
and non-contributory insurance as respects the County, its officers, officials,
employees and agents.
(ii) Agency's insurance coverage shall apply separately to each insured against whom a
claim is made and/or lawsuit is brought, except with respect to the limits of the
insurer's liability.
12.3.
a. The deductible and/or self-insured retention of the policies shall not limit or apply to
Agency's liability to the County and shall be the sole responsibility of Agency.
b. Agency’s maintenance of insurance or self-insurance as required by this Agreement shall
not be construed to limit the liability of Agency to the coverage provided by such insurance,
or otherwise limit the County’s recourse to any remedy available at law or in equity.
c. The insurance requirements contained herein shall not in any manner be deemed to limit or
qualify the liabilities or obligations assumed by Agency under this Agreement.
d. Agency shall insure that any Subcontractor and all others performing any work under this
Agreement shall obtain insurance appropriate to the services being provided and in
amounts sufficient to cover the risks posed by such work.
13. Compliance with Laws: The County and Agency shall comply with all applicable federal,
state, and local laws, rules, and regulations in performing this Agreement. Agency will
comply with SCIT procedures and policies related to technology management and use of
applicable County systems, applications and services, including but not limited to ensuring
all users complete annual cyber security training.
14. Non-assignment: The County and Agency shall not assign any of the rights, duties, or
obligations covered by this Agreement without the prior express written request and consent
of the other party.
15. Conflicts between Attachments and Text: Should any conflicts exist between any attached
exhibit or WO and the text of this Agreement, the text of this Agreement shall prevail.
16. Interlocal Cooperation Act (Chapter 39.34 RCW): The purpose of this Agreement is to allow
the County to provide a variety of information technology services to Agency as needed over
a five (5) year term. WOs will be executed by both parties as necessary and will describe the
services to be provided and their associated costs. The parties agree that no separate legal or
Page 8 of 18
administrative entities are necessary to carry out this Agreement. The parties agree that it is
not necessary to appoint an administrator or joint board to oversee the implementation of this
Agreement. However, should a court of competent jurisdiction deem such an administrator
or joint board necessary for purposes of the Interlocal Cooperation Act, Ch. 39.34 RCW, an
administrator or joint board will be established by mutual agreement of the parties. Except as
expressly provided to the contrary in this Agreement, any real or personal property used or
acquired by either party in connection with the performance of this Agreement will remain
the sole property of such party, and the other party shall have no interest therein.
17. Governing Law and Venue: This Agreement shall be governed by the laws of the State of
Washington and any lawsuit regarding this Agreement must be brought in Snohomish County
Superior Court, Washington.
18. Severability: Should any clause, phrase, sentence or paragraph of this Agreement be declared
invalid or void, the remaining provisions of this Agreement shall remain in full force and
effect.
19. Recording: The parties may file this Agreement with the Snohomish County Auditor
pursuant to RCW 39.34.040 or list the Agreement by subject on either party’s web site.
20. No Separate Legal Entity: To accomplish the purposes of this Agreement, the parties do not
create a separate legal entity nor do the parties form a joint board.
21. Public Records: This Agreement and all public records associated with this Agreement shall
be available from the County for inspection and copying by the public where required by the
Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then
in the custody of Agency are needed for the County to respond to a request under the Act, as
determined by the County, Agency agrees to make them promptly available to the County. If
Agency considers any portion of any record provided to the County under this Agreement,
whether in electronic or hard copy form, to be protected from disclosure under law, Agency
shall clearly identify any specific information that it claims to be confidential or proprietary.
If the County receives a request under the Act to inspect or copy the information so identified
by Agency and the County determines that release of the information is required by the Act
or otherwise appropriate, the County's sole obligations shall be to notify Agency (a) of the
request and (b) of the date that such information will be released to the requester unless
Agency obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If Agency
fails to timely obtain a court order enjoining disclosure, the County will release the requested
information on the date specified. To the extent that public records then in the custody of the
County are needed for Agency to respond to a request under the Act, as determined by
Agency, the County agrees to make them promptly available to Agency. If the County
considers any portion of any record provided to Agency under this Agreement, whether in
electronic or hard copy form, to be protected from disclosure under law, the County shall
clearly identify any specific information that it claims to be confidential or proprietary. If
Agency receives a request under the Act to inspect or copy the information so identified by
the County and Agency determines that release of the information is required by the Act or
Page 9 of 18
otherwise appropriate, Agency’s sole obligations shall be to notify the County (a) of the
request and (b) of the date that such information will be released to the requester unless the
County obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the
County fails to timely obtain a court order enjoining disclosure, Agency will release the
requested information on the date specified.
Neither the County nor Agency has, and by this section assumes, any obligation on behalf of
the other party to claim any exemption from disclosure under the Act. Each party shall not
be liable to the other for releasing records not clearly identified as confidential or proprietary.
Neither party shall be liable to the other for any records that it releases in compliance with
this section or in compliance with an order of a court of competent jurisdiction.
22. Non-discrimination. It is the policy of the County to reject discrimination which denies equal
treatment to any individual because of his or her race, creed, color, national origin, families
with children, sex, marital status, sexual orientation, age, honorably discharged veteran or
military status, or the presence of any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a person with a disability as provided in Washington’s
Law against Discrimination, Chapter 49.60 RCW, and the Snohomish County Human Rights
Ordinance, Chapter 2.460 SCC. These laws protect against specific forms of discrimination
in employment, credit transactions, public accommodation, housing, county facilities and
services, and county contracts.
Agency shall comply with the substantive requirements of Chapter 2.460 SCC, which are
incorporated herein by this reference. Execution of this Agreement constitutes a certification
by Agency of Agency’s compliance with the requirements of Chapter 2.460 SCC. If Agency
is found to have violated this provision, or to have furnished false or misleading information
in an investigation or proceeding conducted pursuant to this Agreement or Chapter 2.460
SCC, this Agreement may be subject to a declaration of default and termination at the
County's discretion. This provision shall not affect Agency’s obligations under other federal,
state, or local laws against discrimination.
23. Authorization: Each individual executing this Agreement represents that he/she has been
duly authorized to do so on behalf of the party by the governing body as required under RCW
39.34.030(2).
24. Prior Agreements: Any and all prior agreements of the parties related to the same subject
matter as this Agreement shall be replaced and superseded by this Agreement.
Signature page follows.
“County” “Agency”
SNOHOMISH COUNTY CITY OF ARLINGTON
Page 10 of 18
By: ______________________________ By:
County Executive Director Date Title: ____________________________ Date
Agency Attorney Date
___________________________________
Approved only as to form:
____________________________________
Deputy Prosecuting Attorney Date
Approved as to indemnification provisions:
____________________________________
Risk Management Date
Page 11 of 18
Exhibit A - Work Order (WO 26-01)
Network, Internet & GIS Support Services
This Work Order (WO) is executed between Snohomish County, through its Department of
Information Technology (the “County” or “SCIT”) and City of Arlington (“Agency”) pursuant to
the terms and conditions of that certain Interlocal Agreement (“ILA”) between Agency and
Snohomish County to Provide Information Services effective upon signature by both parties. The
parties acknowledge that they have read and understand the terms and conditions therein. All
rights and obligations of the parties shall be subject to and governed by the terms of the ILA. This
WO sets forth the obligations of the parties with respect to SCIT’s provision of information
services to Agency. This WO also serves as the Service Level Agreement, (See Section 9 Service
Levels and Designated Points of Contact and Escalation Points Table of this WO) between Agency
and SCIT.
1. Purpose: The purpose of this WO is for SCIT to provide to Agency information services as
specified in Appendix A. Specific services and services costs are consistent with SCIT’s
published services and rates and are detailed in Appendix A, and by this reference incorporated
herein.
2. Scope of Work: The specific services covered by this WO includes the “Primary” items listed
in Appendix A – Services Listing and any item directly “associated” with the Primary items
after acceptance by SCIT.
3. Rates and Adjustments: Rates under this WO shall be updated annually by the County, with
counts and rate cost data negotiated as part of Snohomish County’s annual budget and service
rate model. As required, County, in conjunction with Agency, will perform inventories of all
equipment, standard desktop software licenses, and services covered under this WO and the
inventories will be adjusted as necessary. The County will invoice Agency based on these
inventories unless additional equipment or services are added or deleted, in which case cost
adjustments may occur.
4. Payment for Services: County will invoice Agency for the Services per Section 5,
Compensation, of the Interlocal Agreement (ILA). Agency will be billed in full for Services
rendered up to and including the date County receives Agency’s cancellation or change
request.
5. Term and Termination: The term of this WO is effective upon the date of execution by both
parties unless terminated upon written notification to the other party. Either party may
terminate this WO upon ninety (90) day’s written notification to the other party. In the event
the ILA is terminated, this WO shall also terminate on the ILA termination date.
6. GIS Term, Termination, Payment: If the County’s agreement with the GIS provider is
terminated or otherwise not renewed, the GIS services provided to the Agency under this ILA
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shall also terminate on the same day. In all other cases, the County shall provide a minimum
of sixty (60) days written notice prior to termination of GIS services to the Agency. If the
Agency is invoiced by the County for services in advance on an annual basis and GIS services
are terminated at a time other than at annual renewal, the Agency may elect to 1) receive a
discount for the next annual invoice in the amount of the unused portion of pre-paid GIS
services or, 2) receive a refund for the unused portion of pre-paid GIS services.
7. Prohibited Use of Services:
a. Agency shall not use any Service in a manner that Snohomish County reasonably
determines may adversely affect Snohomish County systems, Snohomish County
customers, the integrity and operations of Snohomish County’s business, or
Snohomish County’s ability to provide services to Snohomish County customers.
b. By executing this WO, Agency acknowledges and agrees that Snohomish County may
monitor any activity and content associated with the use of the Services. Snohomish
County may cooperate with law enforcement agencies in any investigation related to
the use of a Snohomish County Service and investigate any complaint or reported
violation of law or Snohomish County policy. Snohomish County may take action in
response to requests Snohomish County reasonably deems to be legally enforceable.
Action may include, but is not limited to, issuing warnings, suspension, or termination
of a Service; removal of materials on a Snohomish County-hosted web site; or
disclosure of information agencies, such as user contact details, IP addressing and
traffic information, usage history, posted content, to law enforcement.
8. Resale of Snohomish County Services: Agency shall not resell or provide free of charge any
Service to any third party without first entering into a Contract for Service with Snohomish
County that permits these activities.
9. Service Levels and Designated Points of Contact and Escalation Points: SCIT’s designated
point of contact for Agency to request Support Services, contact Service personnel, request
problem status updates, and receive problem resolutions is via the SCIT Help Desk at (425)
388-3378, Monday – Friday, 8:00 a.m. – 5:00 p.m., excluding holidays. Schedule is subject to
change by written notice from SCIT.
SCIT Contacts and Escalation Points:
Customer & Workstation Supervisor 425-388-3899
Page 13 of 18
Agency’s designated point of contact for SCIT to send invoices, problem-solve and
otherwise conduct business shall be:
(360) 403-3426
bterry@arlingtonwa.gov
(360) 403-3536
kheim@arlingtonwa.gov
(360) 403-4610
Service Level Response Table
Level Condition Time Escalation Path
Emergency
Response
Network outage, multi-
user outage/ critical
event, or when Agency is
unable to conduct
business.
SCIT’s assigned primary response contact will make contact within
two (2) hours of receiving notification from either the Help Desk or
Management. If contact is not made within 2 hours the call receiver
will contact the secondary support contact. If still unable to contact,
the appropriate supervisor will be contacted. The assigned response
Priority
Problem
Response
Network is impaired,
Agency is still able to
conduct business, but no
practical workaround
exists.
designated primary contact. If contact is not made within three (3)
hours, the call receiver will contact the designated secondary contact.
If still unable to contact, the appropriate supervisor will be
contacted. The assigned response contact will schedule network
Routine
Response
User is inconvenienced,
or non-mission-critical
application is impaired.
Practical workaround
exists.
when all other service requests of higher priority have been
answered. Every effort will be made to respond within three (3)
business days. This category of call includes but is not limited to:
training issues, minor operational issues, and minor system
10. Declined Equipment: No equipment is provided by this WO. All equipment maintenance is
the responsibility of Agency.
11. Pricing and Service Fees: The pricing and fee schedule for services provided by SCIT are
outlined in Appendix A of this WO.
12. Modifications / Changes: Services may be modified at any time upon mutual written
agreement of the parties. Modifications that remain within the ILA Contract Maximum will
be made through the issuance of a new WO, which will take precedence over the original WO.
Page 14 of 18
13. Assignment: Neither party shall assign any of the rights, duties, or obligations covered by this
WO without the prior express written request and consent of each party.
14. Notices: Notices and other communications between Snohomish County and Agency where
delivery is not otherwise specified in the ILA may be delivered by electronic mail.
Communications related to the ILA may be directed to Snohomish County Department of
Information Technology at: DIS.Admin@snoco.org. Agency shall provide Snohomish County
with a valid email address to be used by the County for communications for the ILA and shall
update that address as needed. The County shall fulfill its obligations under the ILA providing
Agency with notice at the email address most recently provided to the County by Agency for
use in providing notices pursuant to the ILA.
15. Responsibilities:
a. SCIT Responsibilities:
i. Provide services listed in Appendix A.
ii. Configure, maintain, provide warranty and repair all County-owned equipment
and transports.
iii. Provide IT Service Desk (425-388-3378) as initial point of contact for suspected
problems or to request Data Center access.
iv. In the event SCIT determines a request for assistance is outside the scope of
this WO, SCIT will work with the Agency to develop and recommend
approaches to meet Agency requirements.
v. Provide Agency’s fiber vendor a termination point for a single pair of single
mode fiber.
vi. Provide Agency one (1) unit of rack space and UPS power in SCIT’s Data
Center for an ethernet switch.
vii. Provide path for fiber or single mode fiber between termination point and
Agency’s equipment.
viii. SCIT takes no ownership regarding the repair of Agency owned equipment.
ix. Provide escorted access to the Network Operations Center (NOC) between the
hours of 8:00 am and 5:00 pm Pacific Time, Monday through Friday, excluding
holidays. Access to Network Operations Center after hours will result in an
additional per-incident fee as detailed in Appendix A to Exhibit A. Contact
425-388-3378 for access to the facility.
x. Upon completion of the 2024, 2026 and 2028 EagleView regional aerial
imagery acquisition projects and receipt of imagery by County, County will
provide Agency with orthogonal imagery for Agency’s identified area of
interest, which includes aerial imagery within the Agency city limits and
additional surrounding area. County will deliver Orthogonal imagery tiles via
a hard drive or FTP. County will also provide to Agency up to ten (10)
EagleView CONNECTExplorer accounts based on staff names and emails
provided by the Agency. In order to obtain the CONNECTExplorer accounts
and the orthogonal imagery, Agency executed an Authorized Subdivision
Agreement with EagleView on March 22, 2021. County will maintain
Agency’s CONNECTExplorer accounts under this Agreement so long as
Page 15 of 18
Agency’s fully executed Authorized Subdivision Agreement between Agency
and EagleView remains in force.
b. Agency Responsibilities:
i. Provide fiber connectivity between Agency and County data facilities.
ii. Provide Ethernet Switching equipment for 1 unit of rack space within County
Data Center.
iii. Provide maintenance of Ethernet Switching equipment.
iv. Maintain and support all Agency equipment placed in their leased cabinet
space.
v. Comply with the Criminal Justice Information Services (CJIS) Security Policy
of the U.S. Federal Bureau of Investigation (FBI) and sign CJIS security
agreements, including allowing or performing any required employee
background checks according to the CJIS policy, and completing online CJIS
training and certification. Agency shall ensure that all staff working with the
County are CJIS certified.
vi. Provide to County a fully executed Subdivision Agreement between Agency
and EagleView.
16. Scheduled Maintenance: Each Saturday between 12:00 am and 12:00 pm and Wednesday
between 5:30 pm and 12:00 am Pacific Time are Snohomish County’s regularly scheduled
maintenance windows. Regular maintenance is essential to overall network health. If
maintenance that will disrupt contracted services is scheduled by Snohomish County, the
County will notify Agency two (2) business days prior to the scheduled action.
17. Work Order Management: Unless otherwise indicated, all correspondence regarding this
WO should be directed to:
Agency Primary Contact: Bryan Terry, IT Director
City of Arlington
238 North Olympic Avenue
Arlington, WA 98223
Supervisor
Snohomish County Dept. of Information Technology
3000 Rockefeller Avenue, M/S 709
Everett, WA 98201
(425) 388-7171
Page 16 of 18
SCIT Primary Contact: GIS
Support Services Snohomish County Dept. of Information Technology
3000 Rockefeller Avenue, M/S 709
Everett, WA 98201
(425) 262-2150
By their signatures, County and Agency hereby acknowledge and accept the terms and
conditions of this WO.
Approved
Approved
City of Arlington Snohomish County
Signature Snohomish County Executive Director
Print or Type Name Print or Type Name
Title Date Title Date
Page 17 of 18
Appendix A to Exhibit A
Work Order Services and Summary of Costs
SCIT will provide the following Services at the prepaid support rate identified below.
Annual invoice for all Services shall be issued in May.
Note: Access during normal business hours will be covered under the Network Equipment
Hosting service.
SCIT SERVICES AND RATES
Service 2026 Annual
Rate
Metric 2026
Annual Fee
Unit Space ($50/month)
NETWORK SERVICES TOTAL $630.00
GEOGRAPHIC INFORMATION SERVICES TOTAL $2,992.50
GRAND TOTAL $3,622.50
PER USE BILLABLE SUPPORT SERVICES
After Hours Access to Network Equipment
Includes 5% Administrative Fee
$100.00/hour
GIS Analyst Direct Support $87.00/hour
Senior GIS Analyst Direct Support $95.00/hour
Support Services:
Each after-hours request to access the Data Center has an hourly fee of $100, with a three-hour
minimum charge. The hourly fee will be assessed for each major portion of an hour that access is
needed, until the earlier of either 1) the incident resolution, or 2) resuming of County normal
business hours. Once the after-hours access has exceeded twelve hours in duration, an additional
$200 flat fee will be assessed. After-hours access that exceeds 12 hours in duration will continue
to incur a $100 per hour fee.
Page 18 of 18
Additional hardware and software requested by Agency may be acquired by the County under this
Agreement, and the actual costs will be passed along to Agency on their monthly invoice following
County payment for goods and/or services.
Per the SCIT enterprise service model adopted by Snohomish County for all central IT services,
the definition of the services are detailed in the 2024 IT Service catalog, located here:
https://snohomishcountywa.gov/DocumentCenter/View/113063
City of Arlington Council Agenda Bill PH #1 Attachment
December 1, 2025 Development Agreement with MJS Investors Acquisition, LLC for Lindsay Subarea Plan
Development Agreement, Exhibit A – Conceptual Site Plan, and Exhibit B – Stream Buffer Map
Community and Economic Development; Amy Rusko, Director EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: regarding specific aspects of the Lindsay Subarea Plan. The main reason is to vest the current Critical Area Ordinance regulations, along with the process of future code amendments, park requirements, roadway dedications, creek crossing improvements, phased utility improvements, potential utility credits, ability for cost recovery and/or latecomer agreements, development in multiple phases, SEPA review, conceptual site
The Community and Economic Development Department has been working with MJS Investors Acquisition, LLC on the proposed Lindsay Subarea Plan for 3 years and with the conceptional design for 2 years. The City of Arlington is required by State regulations to update the Critical Area Ordinance with the Comprehensive Plan. The city was unable to complete this update in 2024 due to staffing and budgetary constraints. The city started drafting the Critical Area Ordinance update in 2025. The updates to Best Available Science as recommended by Washington State Department of Fish and Wildlife regarding fish and wildlife habitat conservation areas around streams changed from a set buffer to a new formula that creates the buffer from site potential tree height for all fish bearing streams and doubles the buffer for non-fish bearing streams. The Critical Area Ordinance went through all public processes and a public hearing before Planning Commission. It was at this time that staff realized these updates would be detrimental to a project we had been working on for multiple years. The Critical Area Ordinance was placed on hold until staff could notify the applicant of the Lindsay Subarea Plan and discuss alternatives. The best alternative was to enter into a development agreement allowing the Lindsay Subarea Plan to be vested to the Critical Area Ordinance in place at the time of subarea plan design. The new updated Critical Area Ordinance is scheduled to go forward at City Council after a decision is made on this development agreement.
City of Arlington Council Agenda Bill PH #1 Attachment
Remand to staff for additional information.
with MJS Investors Acquisition, LLC and authorize the Mayor to sign it.”
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4917-3762-9561, v. 1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this ____
day of _____________, 2025, by and between the CITY OF ARLINGTON, a Washington municipal
corporation (“City”), and MJS INVESTORS ACQUISITION, LLC, a Washington limited liability
company (“MJS”) (together, the “Parties”, and individually, a “Party”).
I. RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of
development agreements between a local government and an individual or entity having ownership
or control of real property within its jurisdiction, pursuant to RCW 36.70B.170 through RCW
36.70B.210;
WHEREAS, Chapter 20.39 of the Arlington Municipal Code (“AMC” or “Code”) further
authorizes the City to enter into a development agreement pursuant to the regulations set forth therein;
WHEREAS, the City, in partnership with MJS, is in the process of creating the Lindsey
Subarea Plan to provide a policy and permitting framework to encourage development of housing,
investment of safe, multimodal connectivity, create a well-connected network of parks and open space,
and enhance the natural environment that will apply to an approximate 87.49 acres area bounded by
SR 531 (172nd St NE) on the north, the 84th Ave NE alignment on the east, the 168th St NE alignment
on the south, and the 75th Ave NE alignment on the west (“Lindsay Subarea Plan”);
WHEREAS, the City and MJS have expended significant time, effort, and financial investment
into the creation of the Lindsay Subarea Plan;
WHEREAS, the City anticipates the Lindsay Subarea Plan will be adopted into the
Comprehensive Plan and Code in early 2026;
WHEREAS, pursuant to the State Environmental Policy Act (“SEPA”), on September 26,
2025, the City published a Draft Environmental Impact Statement that evaluated all probable
significant adverse environmental impacts and recommended appropriate mitigation for the
development proposed by the Lindsay Subarea Plan (“DEIS”);
WHEREAS, MJS is under contract to purchase, has control of, and intends to develop the
real property located in the City of Arlington, within the future Lindsay Subarea and identified as
Snohomish County Parcel Nos. 31052600100200, 31052600102300, 31052600100100,
31052600102200, 31052600101700, 31052500200600, 31052600102000, and 31052600102100
(collectively the “Site”), with residential single-family homes and as further detailed below
(“Project”);
WHEREAS, the City and MJS desire to provide certainty with respect to development
standards and regulations that will apply to the Project in order to achieve the development
mandated by the Lindsay Subarea Plan;
WHEREAS, the City goals and benefits to the public from the development of the Project
include not wasting the significant public investments in creating the Lindsay Subarea Plan, as
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4917-3762-9561, v. 1
well as providing needed housing, producing positive economic impacts to the City, promoting
environmental quality, and mitigating financial risk for City funds;
WHEREAS, a development agreement must be approved by ordinance or resolution after
a public hearing;
WHEREAS, a public hearing for this Agreement was held on December 1, 2025, and the
City Council approved this Agreement by Ordinance No. 2025-000 on December 1, 2025;
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020 and is subject to review pursuant to RCW 36.70C.005 et seq; and
NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-
term benefit to both the City and MJS, the Parties hereby agree as follows.
II. AGREEMENT
A. Project. MJS proposes developing the Site with approximately 224 single-family homes,
as shown on the conceptual site plan attached hereto as Exhibit A (“Conceptual Site Plan”). MJS
estimates construction of the Project will be complete within 10 years, but this timeline is subject
to change.
B. Lindsay Subarea Plan Adoption and Application. The Parties agree the Project shall be
subject to and governed by the Lindsay Subarea Plan following Arlington City Council’s adoption
of the Lindsay Subarea Plan and it becoming effective. The Parties further agree the Project shall
be subject to all Code provisions concurrently adopted by the City Council to implement the
Lindsay Subarea Plan (“Adopted Lindsay Subarea Standards”).
C. Vesting. The Parties agree that notwithstanding the Project being subject to and vested to
the Adopted Lindsay Subarea Standards, the Project is otherwise vested to the Code in effect as of
the date of this Agreement and as modified by this Agreement (collectively, “Vested Standards”).
The Vested Standards specifically include Chapter 20.93 “Critical Areas Ordinance” of the Code,
as well as development regulations, policies, procedures and guidelines addressing zoning,
environmental review, building and site design, utilities, transportation, and other laws. Except
for the Adopted Lindsay Subarea Standards and as stated otherwise herein, any amendments to or
additions to the Code shall not apply to the Project. To the extent the Adopted Lindsay Subarea
Standards cross-reference a Code provision outside the Adopted Lindsay Subarea Standards, the
vested version of that cross-referenced Code provision shall apply.
D. Future Amendments to Code. MJS may request to be bound by future amendments to the
Vested Standards, which request shall be granted by the City’s Community and Economic
Development Director unless granting such request would create a serious threat to public health
and safety. In the event such vesting to codified amendments is requested and granted, MJS shall
vest to the regulations and standards set forth in the entirety of the applicable Chapter set forth in
Code.
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4917-3762-9561, v. 1
E. Vested Critical Areas Stream Buffer and Regulations. Consistent with Section 3.2.3 of the
DEIS and the planned Code amendments contemplated therein, the buffer of Edgecomb Creek/
Stream Z shall be 50 feet, as generally depicted on Exhibit B, and the following provisions
regarding wetland buffers shall apply to the Project:
1. A 25% wetland buffer reduction beyond the minimum wetland buffer requirements
identified in AMC Table 20.93-4 is allowed if the wetland is enhanced with native tree and
shrub plantings and non-native invasive plants are removed; and
2. Buffer averaging of wetlands beyond the minimum wetland buffer requirements
identified in AMC Table 20.93-4 and including reduced wetland buffers per Section II.D.1
above is allowed if the wetland is enhanced with native tree and shrub plantings and non-
native invasive plants are removed.
F. Park Requirement. In satisfaction of AMC 20.44.032(f)(3)(iv), it is understood that this
Code requirement will apply to the entirety of the Lindsay Subarea and to the extent any parks,
public or private, are provided in connection with the Project, such parks may be smaller than two
(2) acres but still count towards satisfaction of the Code requirement.
G. 79th Avenue NE Dedication. MJS agrees to dedicate and the City agrees to accept
dedication of that portion of 79th Avenue NE that is adjacent to the Site, unless otherwise mutually
agreed by the Parties.
H. 79th Avenue Creek Crossing. The City agrees that to the extent MJS is required to construct
a creek crossing along 79th Avenue over the portion of the creek between Snohomish County Parcel
Nos. 31052600100200 and 31052600101800, the crossing will not be required in connection with
the first phase of development of the Project and will instead be required during a subsequent
phase.
I. Utilities. Utilities infrastructure improvements shall be provided in connection with and
as necessary to satisfy the proportionate requirements of each respective phase of Project
development, as summarized in Section II.L.
J. Oversized Water, Sewer, and Stormwater Credits. MJS shall be entitled to utilize any
future reimbursement program implemented by the City to secure reimbursement of the cost to
construct oversized utilities that may be required by the City. Consistent with Section II.I, above,
oversized utilities shall include facilities with increased capacity and/or extensions of
infrastructure beyond what is necessary to satisfy the proportionate requirements of each
respective phase of Project development.
K. Cost Recovery/Latecomer Agreements. The City agrees to cooperate with MJS to timely
review and act on requests for cost recovery agreements in accordance with AMC Chapters 13.28
(stormwater), 13.02 (water), and 13.08 (sewer), and Ch. 35.91 RCW.
L. Development in Multiple Phases. MJS plans to construct the Project in multiple phases.
Phase 1 is anticipated to consist of lots 1-167 and Phase 2 is anticipated to consist of lots 168-224.
The aforementioned phasing is an estimate and MJS shall have the discretion to determine the
number of phases, units within each phase, and sequence of phased development based on market
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4917-3762-9561, v. 1
demand. As phases are completed, and consistent with the requirement of Section II.I, the City
will not delay certificates of occupancy for the current phase based on improvements required for
a future phase.
M. SEPA Review. The Parties agree that the SEPA review conducted for the Lindsay Subarea
Plan is expected to fully address all requirements mandated by SEPA for any future permit
applications to entitle and buildout the Project. Therefore, consistent with WAC 197-11-600, the
City, as SEPA lead agency, agrees to satisfy any future SEPA requirements for the Project by using
existing environmental documents to the maximum extent possible and provided for by law.
N. Modifications to Conceptual Site Plan. The Parties recognize MJS may modify aspects of
the Project to accommodate market demand, better situate the location of buildings and other
improvements, and otherwise respond to future development realities. These modifications are
expressly provided for within the scope of this Agreement and without vitiating the vested rights
established herein, provided that such modification qualifies as an “insignificant design deviation”,
“minor amendment”, or “major amendment” as set forth in AMC 20.16.370.
O. Term of Agreement and Periodic Review. The Agreement is effective as of the date it is
recorded. The term of the Agreement shall initially be five (5) years from the date the date of
Phase 1 preliminary plat approval and shall automatically extend an additional five (5) years upon
Phase 2 preliminary plat approval. The Parties may extend either the initial or total term for two
(2) years each, upon mutual agreement of MJS and the City’s Director of Community and
Economic Development. It is the intent of the Parties that the rights and obligations of this
Agreement shall apply to permits and/or approvals applied for during the term of this Agreement.
During the term, MJS shall provide an annual evaluation of the Project status. In the event the
Lindsay Subarea Plan is not adopted by the City Council by December 31, 2026, this Agreement
shall automatically terminate and be of no further legal force of effect.
P. General Terms.
1. City’s Reserved Rights. Notwithstanding any other provisions of this Agreement,
pursuant to RCW 36.70B.170(4), the City reserves authority to impose new or different
officially adopted regulations of general applicability to the extent required by a serious
threat to public health and safety, as determined by the Arlington City Council after written
notice and an opportunity to be heard has been provided by MJS.
2. Relationship of Parties. The Parties to this Agreement are independent and nothing
in this Agreement is intended to create a partnership, joint venture or other entity.
3. No third-party beneficiaries. This Agreement is solely for the benefit of the Parties
hereto, and no third-party shall be entitled to claim or enforce any rights hereunder except
as specifically provided herein.
4. Severability. In the event any part of this Agreement is declared void or invalid, the
remaining portions of this Agreement shall not be affected but shall remain in full force
and effect.
5. Modification. The obligations of the Parties to this Agreement may not be modified,
5
4917-3762-9561, v. 1
amended or waived except by written execution by all Parties.
6. Notices. All notices, demands or other communications required or permitted to be
given under the provisions of this Agreement shall be in writing and shall be considered as
properly given if delivered personally or sent by United States Postal Service first class or
overnight express mail or by overnight commercial courier service, postage and other
charges prepaid. Notices so sent shall be effective three (3) days after mailing, if mailed by
first class mail, and otherwise upon receipt at the address set forth below, provided,
however, that non- receipt of any communication as the result of any change of address of
which the sending Party was not notified or as a result of a refusal to accept delivery shall
be deemed receipt of such communication, if addressed as follows, or as later designated
in writing:
ATTN:
Community and Economic Development
City of Arlington
238 North Olympic Avenue
Arlington, WA 98223
ATTN: Rob Risinger
11400 SE 8th Street, Suite 200
Bellevue, WA 98004
7. Execution in Counterparts. This Agreement may be signed by one or more
counterparts, including by facsimile, scanned or electronic signatures, each of which shall
be considered an original, and all of which together shall constitute one instrument.
8. Entire Agreement. The Parties hereto agree that this Agreement constitutes the only
agreement between them regarding the issues addressed by this Agreement for the Project,
and no oral representation nor prior writing extrinsic to this instrument shall have any force
or effect.
9. Legal Review. This Agreement has been reviewed and revised by legal counsel for
all parties and no presumption or rule that ambiguity shall be construed against the party
drafting the document shall apply to the interpretation of reinforcement of this Agreement.
The Parties intend this Agreement to be interpreted to the full extent authorized by
applicable law.
10. Jurisdiction and Venue. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of Washington. Venue for any action
under this Agreement shall be Snohomish County, Washington.
11. Attachments. All attachments and exhibits to this Agreement are incorporated into
this Agreement.
12. Transfer of Ownership/Successors and Assigns. The City acknowledges the Project
may be constructed by a party other than MJS. In the event of a transfer of ownership of
all or any portion of the Site, the benefits accruing to, and the obligations placed upon MJS
under this Agreement shall run with the land and title to the Property and inure to the
benefit of, and be binding upon, each person or entity having any right or title or other legal
interest in the Site.
6
4917-3762-9561, v. 1
13. Recording. This Agreement shall be recorded against the Property as a covenant
running with the land and shall be binding on the Parties and their heirs, successors and
assigns for the Term of this Agreement. MJS shall record this Agreement, and exhibits
thereto, and shall pay the Snohomish County recording fee.
14. Effect of Expiration. Upon expiration of this Agreement, all rights and obligations
of the Parties under this Agreement shall terminate and be of no further effect. All
development applied for after expiration or termination of this Agreement shall be required
to satisfy any then applicable City codes, ordinances, regulations and requirements. It is
the intent of the Parties that the rights and obligations of this Agreement shall apply only
during its term and to any permits or approvals applied for during its term, and that once
this Agreement has expired, all rights created by the terms of this Agreement will expire.
[End of Agreement; signatures on the following page]
7
4917-3762-9561, v. 1
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF ARLINGTON
Name:
Title:
MJS INVESTORS ACQUISITION, LLC
Name:
Title:
8
4917-3762-9561, v. 1
STATE OF WASHINGTON )
) ss.
COUNTY OF _______ )
On this day personally appeared before me ________________, to me known to be the
mayor of CITY OF ARLINGTON, a Washington municipal corporation, that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said Washington municipal corporation for the uses and purposes therein mentioned,
and on oath stated that ____ is authorized to execute said instrument.
GIVEN under my hand and official seal this ____ day of _______________, 2025.
__________________________________________
__________________________________________
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at ______________________
My commission expires ______________________
9
4917-3762-9561, v. 1
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me ______________________, to me known to
be a member of the MJS INVESTORS ACQUISITION, LLC Limited Liability Company, the
limited liability company that executed the within and foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said limited liability company,
for the uses and purposes therein mentioned, and on oath stated that said individual is authorized
to execute said instrument.
GIVEN under my hand and official seal this ____ day of ___________________, 2025.
__________________________________________
__________________________________________
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at ______________________
My commission expires ______________________
10
4917-3762-9561, v. 1
EXHIBIT A
Conceptual Site Plan
[attached]
11
4917-3762-9561, v. 1
EXHIBIT B
Stream Buffer Map
[attached]
OHP OHP OHP OHP OHP OHP OHP OHP OHPOHPOHPOHPOHPOHP
OHP
OHP
OHP
OHPOHPOHPOHP OHP OHP OHP
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
OH
P
SDSDSDSDSDSDSDSDSD
SDSDSDSDSDSDSD
SDSD SD SD
T T T
T T T T
T T T
T T T T
T T T
T
24
25
23
26
W
W W W
W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W
W
SS
SS
W W W W W W W W W W W W W W W W W W W W W W W W W
N89° 15' 35"W331.12'
N86° 29' 57"W1275.23'
L5
L3
N87° 14' 13"W 2584.34'
N89° 10' 12"W 330.87'
N0
0
°
3
4
'
3
9
"
E
13
0
1
.
0
2
'
L4
RUOS-986
RUOS-985
Residential Usable
Open Space-983
RUOS-989
OS
-
9
6
9
OS
-
9
7
6
Lo
t
1
4
3
Lo
t
4
Lo
t
1
4
2
Lo
t
1
1
8
OS
-
9
7
9
Lo
t
7
3
Lo
t
1
3
7
Lo
t
2
1
Lo
t
1
2
2
Lo
t
6
1
Lo
t
1
2
3
Lo
t
1
4
1
Lo
t
3
7
Lot 131
Lo
t
1
0
2
Lo
t
8
Lo
t
6
Lo
t
1
2
6
Lo
t
3
5
Lo
t
1
8
Lo
t
7
2
Lo
t
1
0
5
Lo
t
1
2
7
Lo
t
2
0
Lot 14
Lo
t
1
3
2
Lo
t
1
6
0
Lo
t
3
4
Lo
t
1
4
6
Lo
t
7
4
Lo
t
5
4
Lot 43
Lo
t
1
1
4
Lo
t
1
5
4
Lo
t
1
5
9
Lo
t
5
9
Lo
t
1
4
5
Lo
t
9
0
Lo
t
1
3
9
Lot 42
Lo
t
1
0
Lo
t
1
5
8
Lo
t
1
4
8
Lo
t
9
1
Lo
t
9
9
Lo
t
1
1
6
Lo
t
3
1
Lo
t
5
Lo
t
3
0
Lo
t
6
4
OS
-
9
7
0
Lo
t
2
9
Lo
t
3
3
Lo
t
7
8
Lot 40
Lo
t
7
5
Lo
t
7
9
Lot 53
Lo
t
2
7
Lot 52
Lo
t
8
1
Lot 51
Lo
t
6
5
Lo
t
3
8
Lo
t
1
6
6
Lo
t
6
7
Lot 41
Lo
t
1
6
5
Lo
t
6
6
Lo
t
8
4
Lot 48
Lo
t
6
3
Lo
t
1
6
4
Lo
t
8
5
Lo
t
1
6
3
Lo
t
1
0
4
Lo
t
1
6
2
Lo
t
3
Lo
t
8
7
Lo
t
1
1
2
Lo
t
1
6
1
Lot 44
Lo
t
1
5
0
Lo
t
9
2
Lo
t
1
1
7
Lot 13
Lot 130
Lo
t
1
5
6
Lo
t
1
3
6
Lo
t
7
Lo
t
6
0
Lo
t
1
1
9
Lot 15
Lo
t
1
2
0
Lo
t
7
1
Lo
t
1
0
1
Lo
t
1
2
1
Lo
t
1
1
0
RUOS-987
Lo
t
7
7
Lo
t
1
2
Lo
t
1
0
9
Lo
t
5
7
Lo
t
5
5
Lo
t
1
4
9
Lo
t
9
6
Lo
t
1
3
8
Lo
t
1
2
4
Lo
t
9
8
Lo
t
1
2
5
Lo
t
3
6
Lo
t
1
1
RU
O
S
-
9
8
2
Lo
t
3
2
Lo
t
1
9
Lo
t
6
2
Lo
t
1
2
8
Lo
t
1
5
7
Lo
t
2
2
Lo
t
9
3
Lo
t
1
2
9
Lo
t
1
5
5
Lo
t
8
9
Lo
t
1
0
3
Lo
t
9
Lo
t
5
6
Lo
t
1
1
5
Lo
t
1
0
7
Lo
t
1
5
3
Lo
t
1
4
4
Lo
t
1
4
0
Lot 3
9
Lo
t
1
0
6
Lo
t
1
5
2
Lo
t
9
4
Lo
t
9
7
966
Lo
t
7
6
Lo
t
1
3
5
Lo
t
1
3
4
OS-978
Lo
t
1
0
0
Lo
t
2
8
Lo
t
1
5
1
Lo
t
2
Lo
t
7
0
Lo
t
8
0
Lo
t
2
6
Lo
t
1
0
8
Lot 16
Lo
t
6
9
Lo
t
2
5
Lo
t
1
6
7
Lo
t
6
8
Lo
t
8
2
Lot 50
Lo
t
2
4
Lo
t
8
3
Lot 49
Tract 999
Lo
t
5
8
Lot 47
Lo
t
1
3
3
Lo
t
9
5
Lo
t
8
6
Lot 46
Lot 45
Lo
t
1
4
7
Lo
t
8
8
Lo
t
1
1
3
Lo
t
1
Lo
t
2
3
RUOS-893
RUOS-892
Lot 17
Tr
a
c
t
9
9
8
Lo
t
2
2
4
Lo
t
2
1
8
Lo
t
2
0
2
OS-859
Lo
t
2
0
1
OS
-
8
7
7
Lo
t
2
1
9
Lo
t
1
6
8
RUOS-889
OS-876
848
Tract 895
OS-858
849
Tract 896
RUOS-891
Tract 897
Lo
t
1
9
7
Lo
t
2
1
3
Lo
t
1
7
9
Lo
t
2
0
8
Lot 1
8
1
Lot 1
7
3
Lo
t
2
0
7
Lot 225
Lo
t
2
0
9
Lo
t
1
9
6
Lot 304
Lo
t
2
2
3
Lot 189
Lot
1
7
7
Lo
t
1
6
9
Lot 1
8
2
Lot 1
8
4
Lot
1
8
0
Lo
t
1
9
2
Lo
t
2
1
2
Lo
t
2
1
5
Lo
t
2
1
1
Lot 190
Lo
t
2
1
7
Lo
t
2
0
4
Lo
t
2
2
1
Lo
t
1
9
3
Lot 226
Lot 188
Lot 1
8
6
Lo
t
1
9
5
Lot 303
Lo
t
1
7
8
Lo
t
1
7
0
Lo
t
2
0
5
Lot 228
Lo
t
2
1
6
Lot 1
8
5
Lo
t
1
9
1
Lo
t
2
1
4
Lo
t
2
1
0
Lot 18
7
Lo
t
1
9
4
Lo
t
2
2
2
Lot 1
7
5
Lot
1
7
1
Lo
t
2
2
0
Lo
t
1
9
8
Lo
t
2
0
0
Lot 229
Lo
t
2
0
3
Lo
t
2
0
6
Lot 227
Lot 17
4
Lot 1
7
6
Lot 1
7
2
Lot 305
Lot 1
8
3
Lo
t
1
9
9
Lot 23
0
322,983 sf
4,
1
7
4
s
f
19,081 sf
63,155 sf
19,248 sf
2,
3
4
2
s
f
1,368 sf
1,758 sf
1,758 sf
1,
7
6
0
s
f
1,799 sf
25,708 sf
54,603 sf
236,051 sf
1,
3
5
7
s
f
1,
2
1
8
s
f
10,007 sf
14,994 sf
Lo
t
1
1
1
OS
-
9
7
1
OS
-
9
7
3
OS
-
9
7
2
OS
-
9
7
4
OS
-
9
7
5
1,
2
1
9
s
f
1,
4
6
2
s
f
1,
2
3
9
s
f
1,
2
1
6
s
f
1,
2
1
8
s
f
OS
-
8
7
0
OS
-
8
7
1
RUOS-890
OS
-
8
7
3
OS
-
8
7
4
OS
-
8
7
5
13,917 sf
90
2
s
f
5,882 sf
12,718 sf
7,
9
3
4
s
f
10
,
4
4
1
s
f
10,158 sf
90
0
s
f
90
1
s
f
90
1
s
f
OS
-
8
7
2
90
5
s
f
1,
5
9
7
s
f
Tract 89415,042 sf
Tract 997
Tract 996
10,266 sf
7,290 sf
36,362 sf
49,679 sf
OS-9773,625 sf
Wetland Z
Type Ns
Ex. 30' Road and Utility Easement
A.F.N. 1423077
Ex. 30' Distribution Easement
A.F.N. 7708020302
Ex. 30' Ingress, Egress and Utility Easement
A.F.N. 7708180120, 9104290759 and 9006190629
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Wetland C
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Category III
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Category III
Wetland 1
Category III
City of Arlington
Snohomish County
OS-877
171st St NE
Road C
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A
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Wetland A & C
Combined
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RUOS-9851,758 sf
RUOS-988989 sf
OS-873902 sfRoad F
Road G
Road E
168th St. NE
Concept
Vault
Concept
Vault
Concept Vault
Bioretention (typ)
310526-001-018-00
Judith A Leger
7808 172nd St. N.E.
Arlington, WA 98223
310526-001-019-00Jonathan & Kaitlyn Rickseck
e
r
7807 168th St. N.E.
Arlington, WA 98223
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Approximate Location of
E
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.
5
0
'
Ex. 50' Stream
Buffer
Ex. 50' Stream
Buffer
CALL AT LEAST 2
BUSINESS DAYS
BEFORE YOU DIG
1-800-424-5555
00 100'200'
Scale: 1"=100'
EXHIBIT PROJECT AREA
Property in Contract
Existing Section Line
Existing Right-of-Way Line
Existing Lot Line
Existing Easement Line
Existing Road Centerline
Existing Edge of Asphalt
LEGEND
Existing Wetland
Wetland Addition
Existing Wetland
Removed
Existing Wetland Buffer
Existing Wetland
Excavation
Existing Wetland
Buffer Removed
Boundary Line
Residential Usable
Open Space (RUOS)
Private Open Space
Wetland Buffer Addition
Unqualified Open
Space (OS)
SUBAREA WITH
PENDING PROJECT
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A PORTION OF SECTION 25 & 26, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M.
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(0.24 ac)
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37
20
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21
9
19
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967222120
25 26
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36
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40
41
42
43
44
45
46
51
48
49
50
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188
189
190
175
183
182
184
180
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171
174
177
176
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16
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172
173
16
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170
187
185
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186
OR-891
OR-890
OR-889
868
867
Tract 999
18,393 sf
15,723 sf
10,907 sf
Tr
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t
9
9
8
Tract 997
4,
1
7
4
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10,266 sf
OR-892
OR-893
49,679 sf
36,362 sf
55 5459585756
12
8
12
9
18
OR
-
9
8
8
38
35
29
30
15
7
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31
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2
15
6
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Tract 897
322,190 sf
236,053 sf
969
121110987654
1
3
OR
-
9
8
5
15
9
16
7
16
0
16
1
16
2
16
3
16
4
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66
74
67
75
60
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61
69
62
70
63
71
64
72
65
73
11
2
12
3
11
3
11
4
11
5
11
6
11
7
11
8
11
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12
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94
12
4
12
6
80
13
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79
10
7
13
5
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4
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136
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93
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77
10
5
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9
13
8
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92
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137
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Onsite Recreation
Space-986
91
83
11
1
9710
1
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4
90
82
11
0
96
14
3
14
1
89
81
10
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2
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10
8
24,221 sf
20
,
0
4
2
s
f
2,3
4
2
s
f
OR 989
989 sf
OS 878
1,800 sf
OS 974
1,243 sf
OS 978
1,357 sf
OS 879
1,783 sf
X X X X
0
GRAPHIC SCALE
1"=
100 200 400
100'
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DATE:
SHEET:
BY:
SCALE:
10/28/2025
2419.0002
DS/ZY
AS SHOWN
JOB #:
RE
V
I
S
I
O
N
S
:
BY
DA
T
E
PROPOSED SITE PLAN & IMPACTS
M2.0
PLAN LEGEND
PROPERTY LINE
EXISTING WETLAND BOUNDARY
APPROXIMATED WETLAND BOUNDARY
(NOT SURVEYED)
STANDARD WETLAND BUFFER
STREAM CENTERLINE
STREAM ORDINARY HIGH WATER LINE (OHW)
STREAM BUFFER
DITCH CENTERLINE
STREAM Z
TYPE NS
50-FT BUFFER
City of Arlington Council Agenda Bill NB #1 Attachment
December 1, 2025 Settlement Agreement
None.
Administration; Paul Ellis, City Administrator / Legal; Emily Romanenko, Deputy City Attorney EXPENDITURES REQUESTED: $27,000 BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: amount of $27,000.
The settlement requires the City of Arlington to pay Jose Rodriguez $27,000 concerning public records requests regarding flock cameras.
ALTERNATIVES:
authorize the Mayor or City Administrator to sign the settlement agreement.
City of Arlington Council Agenda Bill NB #2 Attachment December 1, 2025 Memorandum of Understanding with Stillaguamish Tribe of Indians
Memorandum of Understanding
Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: and Stillaguamish Tribe of Indians to study the feasibility of utility service to the tribal property.
The City and the Tribe have a mutual interest and intent to collaborate on exploring the potential for the Tribe to connect to the City's water and sewer system. Both the City and the Tribe agree this MOU will be in place until such time that both parties determine that the purpose of the MOU has been fulfilled or that further collaboration is no longer necessary. The parties agree to jointly work in conducting an engineering evaluation of how bring water and sewer services to the Tribe's property on 236th St, including evaluation potential costs, time frames, and legal or regulatory requirements for establishing a connection. The parties agree to share information and technical data relevant to the infrastructure evaluation, and to work cooperatively to ensure ALTERNATIVES:
authorize the Mayor to sign.
11/12/2025
City of Arlington Council Agenda Bill NB #3 Attachment December 1, 2025 Authorization to apply for Snohomish County Hotel-Motel Grant-Round 2 for 2026 None. Administration, Sarah Lopez, Community Engagement Director
BUDGET CATEGORY: Community Engagement BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: projects: 1. Arlington Score & Explore promotion, May – July 2026, work with consultant to attract World Cup visitors. Request is $13,000, cash match $400, in-kind match $4,000. 2. Outdoor Recreation Visitor guide (5000 brochures and online). Request is $4,500, cash match $500, in-kind match $1,250 3. Downtown Arlington Speaker System. R
Applying for funding for tourism projects positions Arlington to bring in outside dollars for visitor-generating events and infrastructure, reduce General Fund pressure, leverage County marketing, and be ready for major 2026–2027 tourism opportunities—all within the allowable uses of
Do not authorize to apply for the County Tourism Grants.
I move to authorize Sarah Lopez to submit Hotel-Motel Grant applications to Snohomish County for tourism project funding in 2026.
City of Arlington Council Agenda Bill NB #4 Attachment
December 1, 2025 Request for waiver of fees for Hometown Holidays Operating Permit ATTACHMENTS: None. Administration, Sarah Lopez, Community Engagement Director
BUDGET CATEGORY: Community Engagement BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Fee is $175.00 (permit fee and processing fee).
Historically, permit fees have been waived for City projects.
Do not authorize the waiver.
I move to authorize the Mayor to waive permit fees for the Hometown Holidays Operating Permit.
City of Arlington Council Agenda Bill NB #5 Attachment December 1, 2025 Stormwater Capacity Grant Agreement for fiscal years 2025-2027
Grant Agreement from Department of Ecology
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $120,000 - Expenditures 100% reimbursed BUDGET CATEGORY: Stormwater Operating Fund 412 BUDGETED AMOUNT: $25,000 per year (Grant amount was increased) LEGAL REVIEW: DESCRIPTION: Stormwater Capacity Grant for July 2025 to March 2027 for $120,000 to fund Stormwater NPDES Phase II activities.
The Stormwater Capacity Grant Program provides funding to municipalities for work and projects associated directly with the implementation of Phase II National Pollutant Discharge Elimination System (NPDES) stormwater permits. The Department of Ecology’s Municipal Stormwater Capacity Grants Program has again increased the award amount, for biennium 2025-2027 the City will receive $120,000.00. Due to delay by Ecology, the contract is late being sent for signatures, however the City will be reimbursed for eligible expenses incurred from July 2025 if it so chooses. There is no City match required for this grant. A budget amendment will be added to the 2026 stormwater budget if necessary. ALTERNATIVES: Remand to staff for additional information.
I move to accept the Municipal Stormwater Capacity Grant in the amount of $120,000 and authorize the Mayor to sign the grant agreement.