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HomeMy WebLinkAbout08-01-2011_Council Meeting Packet Arlington City Council July 18, 2011 – 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 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 18 & 25, 2011 meetings ATTACHMENT A 2. Accounts Payable 3. Clock Donation from DABA ATTACHMENT B 4. Amendment to Appendix B of the Collective Bargaining Agreement ATTACHMENT C with Arlington Police Officers Association 5. Authorization to sign a renewal of the Interlocal Agreement ATTACHMENT D with Community Transit for the Commute Trip Reduction program PUBLIC HEARING 1. Ordinance Adopting Revisions to Water Comp Plan ATTACHMENT E 2. Surplus Equipment & Vehicles ATTACHMENT F UNFINISHED BUSINESS NEW BUSINESS 1. 67th Avenue Easements & Dedications ATTACHMENT G 2. Stormwater Wetland Amenities ATTACHMENT H 3. Stillaguamish Overlay Bid Award ATTACHMENT I 4. AMC Chapter 8.17 – Revisions for regulations for the keeping of livestock, ATTACHMENT J chickens and bees DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] RECONVENE ADJOURNMENT To download all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third July 18, 2011 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, Paul Ellis, Fire Chief Bruce Stedman, Jim Kelly, Eric Scott, Dallas Speed, Gary Schlagel, Kent Pruitt, Bill Cochinella, Don Smith, Kris Wallace, Mike Wolenak, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Ken Klein, Katie Ellis, Vickie Solla, Skip Smith, and Gale Fiege Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Washington State Department of Health Gold Certificate Award Presentation to Don Smith Public Works Director Jim Kelly introduced Jolyn Leslie, P.E. Regional Engineer and Mr. Robert James, P.E, Regional Manager of the Northwest Regional Office of the Washington State Department of Health, NW Drinking Water Operations. Mr. James then addressed the audience and stated that the city of Arlington has very healthy drinking water thanks in part to Don Smith and those who work with him. Mr. Don Smith was then presented a plaque in appreciation and briefly spoke. Mr. Smith and all present from the Water Plant shook hands with the Council and Staff. Chuck Morrison, Red Cross Chuck Morrison, Executive Director for Red Cross of America and Snohomish County, was introduced, and with the use of a power point presentation he gave an overview of the services the Red Cross will and have provided in Snohomish County and in the United States. Kent Pruitt Mr. Pruitt thanked City Staff for all of the maintenance of the parks from the ball players in the Arlington area. He presented Mayor Larson with a picture of her taken right after throwing out the first pitch. PUBLIC COMMENT There was no one in the audience who wished to speak to matters not on the Agenda. CONSENT AGENDA Steve Baker moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the July 5 and 11, 2011 meetings 2. Accounts Payable Electronic Payments and Claims Checks #74028 through #74158 dated July 6, 2011 through the amount of $388,007.49 Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT July 18, 2011 Page 2 of 3 PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS WWTP Project Dedication Plaque Public Works Director Jim Kelly noted that the WWTP Project is near completion and a dedication plaque has been prepared. He noted the two options available with the 8 different textures, and he asked for Council opinion. Discussion followed. The Council discussed and decided on vertical positioning and the rest to be decided by Mr. Kelly. Oosterwyck ROW Dedication Mr. Kelly noted that this is in the last phase of the project. Scott Solla moved that Council accept and approve the Oosterwyck Right-of-Way dedication and authorize the City Attorney to draft the appropriate easement document for signature by the property owner. Dick Butner seconded the motion which passed with a unanimous vote. First Amendment to Interlocal Agreement for Lobbying Services City Administrator Allen Johnson noted the goals to address the transportation issues in Washington, thus the ILA to jointly fund lobbying activities for SR 9. Linda Byrnes moved that the City Council approve the Amended Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9 Coalition. Sally Lien seconded the motion which passed with a unanimous vote. Approval of agreement with The Port Authority of New York and New Jersey re World Trade Center Steel Chief Bruce Steadman gave a history of the Trade Center memorial request. He stated that the piece is more than 13 feet long and weighs more than 4,000 pounds. The monies from this project will not be coming from City coffers. Sally Lien moved to authorize the Fire Chief Stedman to sign the Letter Agreement with the Port Authority of New York and New Jersey.” Dick Butner seconded the motion which passed with a unanimous vote. ADMINISTRATOR & STAFF REPORTS A letter of resignation from Vic Ericson was distributed to the Council. Mr. Johnson urged the Council to carefully read their yellow pages. Mr. Johnson asked Mr. Kelly to address the water supply study as a printed document distributed throughout the community and Mr. Kelly stated that the hard-copy distribution of this report is mandated by State law. Mr. Kelly also addressed the reasons that the City has continued to purchase water rights. MAYOR’S REPORT Mayor Larson gave a report of meetings and activities she had recently attended. COUNCIL MEMBER REPORTS – OPTIONAL Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, and Steve Baker gave brief reports, while Chris Raezer and Linda Byrnes had nothing to report at this time. EXECUTIVE SESSION City Attorney announced that there would be no need for an Executive Session. Minutes of the City of Arlington City Council Meeting DRAFT July 18, 2011 Page 3 of 3 With no further business to come before the Council, the meeting was adjourned at 8:13 PM. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street July 25, 2011 Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Steve Baker, Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Paul Ellis, and Jan Bauer Council Members Absent: Linda Byrnes (excused) Also Known to be Present: Sarah Arney – North County Outlook, Debora Nelson, Neil Knutson, Vickie Solla, Ken Klein, and Kari Ilonummi Mayor Larson called the meeting to order at 7:00PM. Steve Baker moved to approve the Agenda, and Sally Lien seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS ~ NO FINAL ACTION WAS TAKEN Clock Donation from DABA Capital Projects Manager Paul Ellis reviewed the Downtown Business Association proposal of a clock donation. The clock would be located on the grass strip at the south side of the city hall parking lot. Discussion followed with favorable comments from the Council. 67th Avenue Easements & Dedications Public Works Director Jim Kelly addressed the right-of-way acquisitions needed for the 67th Avenue project. Discussion and questions followed. Council requested that easement maps be available at the next presentation. Project Status of 173rd Street Improvements With the use of a power point presentation City Engineer Eric Scott gave updates of the 173rd Street improvements, an access to get around the existing thoroughfare of 172nd Street. Mr. Scott indicated that a transportation specialist, Kris Liljeblad, Diector of Transportation Planning at Perteet, also present, has been hired to help in the development planning. Throughout the presentation Mr. Scott answered Council questions. There will be another public outreach meeting on August 9. 6-year Transportation Improvement Plan Mr. Jim Kelly addressed the Transportation Improvement Plan and those projects which are now, or have been, worked on. A public hearing on this topic is scheduled for August 15. Mr. Kelly answered Council questions and noted project funding. Surplus Equipment/Vehicles Mr. Kelly addressed the surplus equipment, i.e., 4 pieces of equipment, and he then answered Council questions and concerns. Mr. Kelly explained some of the options for advertising to get the most money for the equipment sale. Transportation Benefit District Mr. Kelly gave information on the possibility of forming a Transportation Benefit District, and he offered this up again for Council consideration as an option to gain additional revenue. He and Finance Director Jim Chase then answered Council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT July 25, 2011 Page 2 of 2 Stormwater Wetland Amenities With the use of a power point presentation Mr. Kelly reviewed the Stormwater Wetland area. He included an area map and some of the proposed amenities. A lengthy discussion followed. Stillaguamish Overlay Bid Award Mr. Kelly stated that the Stillaguamish Avenue Paving Project bid opening is scheduled for July 28, and at this time there have been three bidders. Mr. Kelly answered Council questions. Ordinance Adopting Revisions to Water Comp Plan Mr. Kelly noted the water comprehensive plan update and from where comments have been received. A Public Hearing on the Plan is forthcoming. He then continued to explain next steps in the process. Mr. Kelly answered Council questions. A Public Hearing will take place on August 1. AMC Title 8 – Revisions for Livestock, Chickens, and Bee Assistant City Administrator Kristin Banfield addressed revisions to the Ordinance. Discussion and clarification followed. This will be addressed at the August 1 Council meeting. ADJOURNMENT The meeting was adjourned at 8:25PM. ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT B COUNCIL MEETING DATE: August 1, 2011 SUBJECT: Clock Donation from DABA DEPARTMENT OF ORIGIN: Executive Contact: Sarah Higgins, 360-403-3448 ATTACHMENTS: Letter from Debra Nelson, Downtown Arlington Business Association President EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: N/A DESCRIPTION: DABA is proposing to donate a street clock to the City of Arlington for downtown. Proposed location is in the grass median on the south side of the entrance to the City Hall parking lot. DABA will pay for the cost of the clock and the installation. HISTORY: A downtown clock has been a goal of the merchant group for many years. In 2009 DABA started a fund for future purchase of a clock. This was reviewed at the July 25th Council Workshop. ALTERNATIVES: Do not accept clock donation, or recommend alternate location. RECOMMENDED ACTION: I move the Council accept the clock donation from the Downtown Business Association and authorize the placement location. City of Arlington Council Agenda Bill AGENDA ITEM: Consent Agenda ATTACHMENT C COUNCIL MEETING DATE: August 1, 2011 SUBJECT: Authorize the Mayor to sign the amended Appendix B to the 2010-2012 Collective Bargaining Agreement with the Arlington Police Officers Association DEPARTMENT OF ORIGIN: Executive Kristin Banfield 360-403-3444 ATTACHMENTS: Amended Appendix B to the 2010-2012 Collective Bargaining Agreement with the Arlington Police Officers Association EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney revised Appendix B to the Collective Bargaining Agreement DESCRIPTION: Council previously authorized the Mayor to sign the CBA with the Arlington Police officers Association. Members of the bargaining unit approached the City to see if they could have the option to receive the $500 signing bonus as part of their payroll (previous language) or receive the funds in their HRA, once established. There is no additional cost to the City. HISTORY: The City and the APOA began negotiations on a successor Collective Bargaining Agreement in August 2009. Parties were unable to reach an agreement during negotiations and requested mediation. Mediation was unsuccessful and the parties were to begin arbitration proceedings in May 2011. Negotiations were reopened in April 2011 and the attached Tentative Agreement was reached. The agreement was signed in July. ALTERNATIVES: RECOMMENDED MOTION: I move Council authorize the Mayor to sign the amended Appendix B to the 2010-2012 Collective Bargaining Agreement with the Arlington Police Officers Association. City of Arlington/Arlington Police Officers Association Collective Bargaining Agreement January 1, 2010 through December 31, 2012 1 APPENDIX "B" to the AGREEMENT by and between THE CITY OF ARLINGTON, WASHINGTON and ARLINGTON POLICE OFFICERS ASSOCIATION (Representing the Law Enforcement Officers) January 01, 2010 through December 31, 2012 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF ARLINGTON, WASHINGTON, hereinafter referred to as the Employer, and ARLINGTON POLICE OFFICERS ASSOCIATION, hereinafter referred to as the Association. B.1 In recognition of the economic factors facing the City, the Association membership has accepted a 0% COLA for 2010 and 2011. In recognition of this sacrifice, the City agrees to pay the sum of $500 into each bargaining unit member’s Health Reimbursement Arrangement (HRA) account the sum of a $500 signing bonus. This bonus shall be payable in the first payrollwithin thirty (30) days after the contract and allamendment to this appendices appendix have has been ratified by all parties. Any association member may elect in writing to receive said sum as a cash distribution; however, such cash contributions shall be taxable and the distributions shall then be subject to usual and customary withholding requirements. ARLINGTON POLICE OFFICERS ASSOCIATION CITY OF ARLINGTON, WASHINGTON By _______________________________________ By ________________________________ Rory Bolter, President Margaret Larson, Mayor Date _____________________________________ Date ______________________________ City of Arlington Council Agenda Bill AGENDA ITEM: Consent Agenda #5 ATTACHMENT D COUNCIL MEETING DATE: August 1, 2011 SUBJECT: Commute Trip Reduction Interlocal Agreement DEPARTMENT OF ORIGIN: Community Development ATTACHMENTS: 1. Commute Trip Reduction (CTR) Interlocal Agreement EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A DESCRIPTION: For many years, the City has had an Interlocal Agreement with Snohomish County for County staff to administer the CTR plans and programs for major employers within the City (those with 100 or more employees). They have also provided the same service to other cities within the County. On November 5, 2007 the responsibility to provide those services in an Interlocal Agreement was transferred to Community Transit (Snohomish County Public Transit Benefit Area). This agreement was for the period of July 1, 2007 to June 30, 2011.City staff does not have the time or the expertise to be the lead agency responsible for implementing and administering the CTR plan for the major employers. In addition, it is more efficient and effective to implement the plans and programs in a common manner and have one designated lead agency responsible for coordinating their development and implementation for the County and Cities. There is no cost to the City; funds for CTR plans and programs come from the Washington State Department of Transportation. The attached Interlocal Agreement would extend the agreement until June 30, 2015. HISTORY: COMMITTEE REVIEW AND ACTION: N/A ALTERNATIVES: 1. Approve as recommended. 2. Remand to staff for further information. RECOMMENDED ACTION: Authorize the Mayor to sign the Commute Trip Reduction Interlocal Agreement for administering Commute Trip Reduction plans and programs. Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 1 of 10 INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE TRIP REDUCTION (CTR) PLANS AND PROGRAMS This AGREEMENT, entered into by and between Snohomish County Public Transit Benefit Area (hereinafter referred to as COMMUNITY TRANSIT), and City of Arlington, City of Bothell, City of Edmonds, City of Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake Terrace, (hereinafter referred to as the CITIES), and Snohomish County (hereinafter referred to as COUNTY), hereinafter collectively referred to as the PARTIES, WITNESS THAT: WHEREAS, RCW 70.94.527 requires counties containing urban growth areas and cities and towns with “major employers,” that are located within urban growth areas with a state highway segment exceeding the threshold of one hundred person hours of delay to develop ordinances, plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle-related air pollution, traffic congestion and energy use, and WHEREAS, COMMUNITY TRANSIT worked in partnership with the COUNTY and the CITIES to develop a common CTR plan and ordinance that has been adopted into law by the COUNTY and CITIES; and WHEREAS, the PARTIES believe that it is more efficient and effective to implement the plans and programs in a common manner and to designate COMMUNITY TRANSIT as the lead agency responsible for coordinating the development and implementation of the CTR plans and programs for the COUNTY and CITIES; and WHEREAS, the PARTIES agree that the COUNTY and CITIES will assist COMMUNITY TRANSIT through the enforcement of their respective CTR ordinances; and WHEREAS, the COUNTY and CITIES have determined that the funds to support the CTR base plans and programs for the COUNTY and CITIES from the Washington State Department of Transportation (hereinafter referred to as WSDOT) will be provided to and managed by COMMUNITY TRANSIT to support the implementation and administration of the CTR plans and programs within the COUNTY and CITIES; and WHEREAS, the COUNTY and CITIES determine that it is within the best interest of the public to enter into an interlocal agreement with COMMUNITY TRANSIT, whereby COMMUNITY TRANSIT will be the lead agency responsible for implementing and administering the COUNTY'S and CITIES' CTR plans and programs; and Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 2 of 10 NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the PARTIES hereto agree as follows: 1. RECITALS: The recitals set forth above, constituting a basis of the agreement of the PARTIES, are incorporated herein by references as if fully set forth. 2. SERVICE PROVISIONS: THE PARTIES shall perform the services specified in the "STATEMENT of WORK" attached as Exhibit A, which is made a part of this AGREEMENT by this reference. 3. FUNDING: COMMUNITY TRANSIT shall receive all funds provided by the Washington State Department of Transportation (WSDOT) allocated for the COUNTY and CITIES to support the administration of the CTR base plans and programs. 4. CHANGE IN FUNDING: This AGREEMENT is contingent upon COMMUNITY TRANSIT's receipt of funds from the WSDOT. If the WSDOT funds for CTR are reduced or eliminated, the PARTIES shall review this AGREEMENT to determine the course of future CTR activities in Snohomish County and any amendments to this AGREEMENT that may be required. 5. AGREEMENT PERIOD: This AGREEMENT is effective for COMMUNITY TRANSIT and each individual PARTY as of the date signed by COMMUNITY TRANSIT and each individual PARTY irregardless of the signatures of the other parties to the agreement. The term of this AGREEMENT shall be from the effective date until June 30, 2015. 6. TERMINATION: The COUNTY, CITIES and/or COMMUNITY TRANSIT may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by COMMUNITY TRANSIT, and not otherwise paid for by WSDOT prior to the effective date of such termination shall be paid as a pro rate portion of the applicable WSDOT allocation amount by WSDOT. 7. SEVERABILITY: The COUNTY or one or more CITIES may withdraw from this AGREEMENT by providing written notice of such intent, specifying the effective date thereof, at least thirty (30) days prior to such date. Such a withdrawal shall not affect other terms or conditions of this AGREEMENT between the remaining PARTIES. To this end, a withdrawal by a City from this AGREEMENT is declared severable. 8. AGREEMENT MODIFICATIONS: Any party may request changes to this AGREEMENT. Any such changes that are mutually agreed upon shall be incorporated herein by written amendment of this AGREEMENT. No variation Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 3 of 10 or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. 9. NONDISCRIMINATION: The PARTIES, in performance of this AGREEMENT, shall comply with all applicable local, state, and/or federal laws and ordinances, and agree that they shall not discriminate against any person who is paid, for work completed, by funds indicated in this AGREEMENT or against any applicant for such employment on the grounds of race, color, religion, national origin, age, veteran status, or the presence of any sensory, mental, or physical disability. The PARTIES shall make reasonable accommodations to the sensory, mental, or physical disabilities of applicants and employees throughout the personnel process. In determining the extent of reasonable accommodation, the following factors will be considered: the safe and efficient operation of the organization; feasible financial costs and expenses; and the overall type and size of the organization's operation. 10. INDEMNIFICATION: A. COMMUNITY TRANSIT shall protect, hold harmless, indemnify, and defend, at its own expense, the COUNTY and CITIES and their elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of Community Transit of this Agreement, including claims by the state, COMMUNITY TRANSIT's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the COUNTY or CITIES or their elected and appointed officials, officers, employees or agents. The COUNTY and CITIES shall protect, hold harmless, indemnify, and defend, at their own expense, COMMUNITY TRANSIT, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of the indemnifying party, City and/or County of this Agreement, including claims by the state, the COUNTY's or CITIES’ employees or third parties, except for those damages solely caused by the negligence or willful misconduct of COMMUNITY TRANSIT, its elected and appointed officials, officers, employees or agents. B. It is understood and agreed that this AGREEMENT is solely for the benefit of the PARTIES hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. C. This indemnification clause shall also apply to any and all causes of action arising out of performance of work activities under this AGREEMENT. Each contract for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the PARTIES are not liable for damages or claims for damages arising from any subcontractor's performance or activities under the terms of the contracts. Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 4 of 10 IN WITNESS WHEREOF, Snohomish County, City of Arlington, City of Bothell, City of Edmonds, City of Lynnwood, City of Marysville, City of Mukilteo, City of Monroe, City of Mountlake Terrace and Community Transit have executed this AGREEMENT as of the date and year written below. SNOHOMISH COUNTY COMMUNITY TRANSIT __________________________ ________________________ Authorized Signature Authorized Signature Name Joyce Olson Eleanor Title Chief Executive Officer __________________________ __________________________ Date Date CITY OF ARLINGTON CITY OF EDMONDS __________________________ ________________________ Authorized Signature Authorized Signature Name Name Title Title __________________________ __________________________ Date Date CITY OF LYNNWOOD CITY OF MARYSVILLE __________________________ ________________________ Authorized Signature Authorized Signature Name Name Title Title __________________________ __________________________ Date Date CITY OF MUKILTEO CITY OF MONROE __________________________ ________________________ Authorized Signature Authorized Signature Name Name Title Title __________________________ __________________________ Date Date Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 5 of 10 CITY OF MOUNTLAKE TERRACE CITY OF BOTHELL __________________________ ________________________ Authorized Signature Authorized Signature Name Name Title Title __________________________ __________________________ Date Date Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 6 of 10 EXHIBIT "A" Statement of Work ADMINISTERING COMMUTE TRIP REDUCTION PLANS 1. INTRODUCTION Snohomish County (COUNTY) and the Cities of Arlington, Bothell, Edmonds, Lynnwood, Marysville, Mukilteo, Monroe and Mountlake Terrace (CITIES) have all adopted a similar CTR ordinance. This STATEMENT OF WORK is incorporated into the Interlocal Agreement titled "INTERLOCAL AGREEMENT FOR ADMINISTERING COMMUTE TRIP REDUCTION (CTR) PLANS” and outlines the tasks and responsibilities for each of the PARTIES. COMMUNITY TRANSIT TASKS 2. GENERAL TASKS 2.1 Maintain and administer the COUNTY'S and CITIES' CTR Plans and programs according to the provisions of RCW 70.94.521-551. 2.2 Provide Washington State Department of Transit (WSDOT) with a public hearing notice and copies of any proposed amendments to the COUNTY'S and/or CITIES' CTR ordinance, plan, and/or administrative guidelines within the first week of the public review period, and final copies of such action within one (1) month of adoption. 2.3 Establish and maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this AGREEMENT. To facilitate the administration of the work described in this AGREEMENT, separate accounts shall be established and maintained within COMMUNITY TRANSIT'S existing accounting system or set up independentl y. Such accounts are referred to herein collectively as the "CTR Account". All costs charged to the CTR Account, including any approved services contributed by the COUNTY or the CITIES shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or products evidencing in proper detail the nature and propriety of the charges. Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 7 of 10 3. SERVICES PROVIDED TO EMPLOYERS Provide affected employers with access to information and services, which will enable them to plan, implement, and manage Commute Trip Reduction (CTR) programs in a way that implements the County and Cities’ CTR plans and ordinances and meets individual employer goals. 3.1 Organize the content and format of a comprehensive CTR educational program for employers and jurisdictions. 3.2 Ensure that the comprehensive CTR educational program in Snohomish County is consistent with that developed by the Washington State Technical Assistance Team. 3.3 The COUNTY and each of the CITY ordinances require employers to appoint an Employee Transportation Coordinator (ETC) who will coordinate the CTR program at that employment site. Personalized assistance to and on-site presentations will be provided to ETCs, managers and employees. 3.4 Offer free to affected employers complete ETC training at least once every six months with priority given to designated ETCs. 3.5 Provide opportunities for ETCs to network with the ETCs of other affected employers. 3.6 Continue to provide outreach assistance to affected employers, new affected employers, and potential affected employers. 3.7 Provide information and technical assistance to affected employers in preparing and revising individual trip reduction programs. Explain legal requirements and assist with initial survey and plan development. 3.8 Work with County and Cities to develop new transportation demand management (TDM) programs to implement CTR Plans such as Telework, Alternative Work Hours, Subsidy/Incentives, and Parking Management. 3.9 Coordinate and facilitate employer networking, employer peer reinforcement and employer recognition programs. 3.10 Produce two annual rideshare campaigns and distribute campaign materials. 3.11 Plan, promote and implement employer transportation events, including customized worksite carpool and vanpool events, and provide event prizes. 3.12 Design and distribute CTR marketing materials, including new employee orientation materials, which employers may use or copy to implement, promote and manage CTR programs. 3.13 Provide employers with access to information, materials and programs that will enable them to adequately promote CTR programs. Produce customized marketing materials for employees upon request. Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 8 of 10 3.14 Be available to attend at least one rideshare fair or employer promotion per year for each affected employer. Encourage emplo yers to work together and hold joint events. 3.15 Support CTR programs by offering supplemental services including a regional ride matching program, vanpool program and Guaranteed Ride Home program. 3.16 Take the lead in coordinating the survey process for employers. Provide survey workshops to employers during measurement years. Distribute and collect the state “CTR Employee Questionnaires” (survey forms). Work with the appropriate agencies to coordinate the processing of the employer surveys. Ensure that employers timely receive their survey results. Offer survey follow-up meetings to all employers. Return processed surveys to employers. 3.17 Send or deliver employer surveys for processing as instructed by WSDOT. Prior to sending or delivering any surveys, notify WSDOT of the name of the worksite(s) and the employer identification code(s) for any surveys being submitted for processing. The notification should be submitted via electronic mail, fax, or U.S. Postal Services. 4. ANNUAL EMPLOYER REPORTING & PROGRAM REVIEW 4.1 Notification of Newly Affected Sites as defined by COUNTY or CITY ordinance 4.1.1 Identify list of potential new sites and contact person and send notification inquiry to determine if affected. 4.1.2 Confirm status and secure state ID code. 4.1.3 Create timeline and legal file. 4.2 Site Analysis and Program Review 4.2.1 Notify affected employers when annual program reports are due and provide affected employers with limited direct assistance in preparing written program submissions. 4.2.2 Review program reports for completeness for new sites and for sites that made progress toward goal. 4.2.3 For sites that didn’t make progress, review survey results and recent programs and evaluate the potential for progress toward single occupant vehicle (SOV)/vehicle miles traveled (VMT) reduction. 4.2.4 Make recommendations to COUNTY and/or CITIES for program improvements for sites that did not make progress. 4.2.5 Generate approval/non-approval letter for COUNTY and/or CITIES signature. Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 9 of 10 4.2.6 Follow up with employers whose programs have not been approved and assist in modifying CTR program. 4.3 Exemptions & Modification 4.3.1 Receive employer requests for exemptions or modifications and send copy of request to COUNTY and/or CITIES. 4.3.2 Copy request to WSDOT for comment. 4.3.3 Review and analyze request and provide comments to COUNTY and/or CITIES; COUNTY and/or CITIES reviews analysis and provides directions to COMMUNITY TRANSIT. 4.3.4 Generate and send response if directed so by COUNTY and/or CITIES. 4.4 Records Maintenance 4.4.1 Maintain database and master file records on all affected worksites. 4.4.2 Provide WSDOT with electronic or hard copy of each employer program report approved within the quarter. 5. COORDINATION 5.1 Serve as a liaison between WSDOT and the COUNTY and CITIES for the purposes of RCW 70.94.521-551. 5.2. Coordinate CTR outreach and marketing efforts with the COUNTY, CITIES, and other transit agencies (including Metro CTR and Metro Rideshare) in order to create a comprehensive CTR program. 5.3 Collaborate directly with the CTR planning coordinators from the COUNTY and CITIES in working with affected employers to facilitate the timely development, submission, implementation, and revision of affected employer programs. 5.4 Coordinate and facilitate CTR coordinator’s group meetings consisting of the CTR planning coordinators from COUNTY and CITIES on a quarterly basis. This group functions as an information, coordination, and collaboration group for CTR activities. 5.5 Attend jurisdiction and regional meetings representing COUNTY’s and CITIES’ issues. 5.6 Work with COUNTY and CITIES to develop and fund new TDM programs to implement CTR Plans such as Telework, Alternative Work Hours, Subsidy/Incentives, and Parking Management. 5.7 Help jurisdictions monitor the progress of affected employers after CTR programs are implemented. 5.8 Meet at least annually with the COUNTY and each CITY to discuss employer CTR programs in each jurisdiction. Interlocal Agreement for Administering CTR Plans and Programs (2011-2015) Page 10 of 10 6. REPORTING 6.1 With an invoice voucher, submit to WSDOT quarterly progress reports in a format approved by WSDOT, that adequately and accurately assess the progress made by the COUNTY and CITIES in implementing RCW 70.94.521-551. These quarterly reports shall be submitted within forty- five (45) days of the end of each quarter for the first seven (7) quarters and within fifteen (15) days of the end of the final quarter. 6.2 Provide at least quarterly to WSDOT, updated employer information in the electronic format provided by WSDOT to satisfy the jurisdictions’ reporting requirement. 6.3 Provide the COUNTY and CITIES with quarterly progress reports including narrative summary of tasks performed. COUNTY AND CITIES TASKS 7. GENERAL TASKS 7.1 Provide COMMUNITY TRANSIT with copies of any proposed amendments to the CTR Plan and Ordinance. 7.2 Notify COMMUNITY TRANSIT of potential CTR-affected sites. Send notification letter to new sites. COMMUNITY TRANSIT will generate letter for COUNTY and CITIES signature. 7.3 Review business license procedure for ways that the COUNTY or CITIES can more effectively and efficiently provide Community Transit with information on potential newly affected employers. 7.4 Attend CTR coordinator group meetings at least twice annually. 7.5 Meet with COMMUNITY TRANSIT at least annually to discuss employer CTR programs. 7.6 Sign annual employer report approval/disapproval letters. 7.7 Attend mediation meetings with employers during program review process if necessary. 7.8 Review employer exemption/modification requests from analysis submitted by COMMUNITY TRANSIT. Provide direction to COMMUNITY TRANSIT draft response to employer (if desired by COUNTY and/or CITIES). 7.9 Report to COMMUNITY TRANSIT, at least annually, all activities made to implement the CTR Plan or Ordinance with an estimation of costs. City of Arlington Council Agenda Bill AGENDA ITEM: Public Hearing #1 ATTACHMENT E COUNCIL MEETING DATE: August 1, 2011 SUBJECT: Ordinance Adopting Revisions to the Water Comprehensive Plan DEPARTMENT OF ORIGIN: Public Works – Jim Kelly ATTACHMENTS: • Draft Ordinance EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: Public hearing on updates made to the Arlington Water Comprehensive Plan as required by WAC 246-290-100. HISTORY: As required by WAC 246-290-100, the City of Arlington updated its Water Comprehensive Plan (Plan) and adopted it in Sep 2010. The Plan details how the City will safely and efficiently operate and maintain the water system for the next six years (2010-2016). The Plan also includes a six year financial analysis of the Water Utility that examines the projected revenues and expenses required for the implementation of the Plan. A copy of the draft plan was provided to Marysville and the Snohomish County PUD for a concurrency review; their comments were addressed in the Sep 2010 adopted version. A copy of the plan was also provided to the Department of Health for their review and approval. However, due to lengthy review by DOH, the City was not able to address and incorporate DOH’s comments in time for the Sep 2010 adoption. This version includes all comments. ALTERNATIVES: • Do not adopt revisions. RECOMMENDED ACTION: • No action, public hearing on August 1, 2011 with action proposed for August 15, 2011 Council Meeting Ordinance XXXX adopting Water Comp Plan 1 ORDINANCE NO. XXXX AN ORDINANCE ADOPTING THE WATER COMPREHENSIVE PLAN WHEREAS, the City of Arlington engaged the services of RH2 Engineering to prepare an update to the City of Arlington’s Water Comprehensive Plan (Plan); and WHEREAS, City staff participated in the preparation of the Plan along with members of the public, and state and federal agencies; and WHEREAS, the draft comprehensive plan dated November 2010, has been amended after review by the Washington Department of Health, Snohomish County Planning and Development Services, City of Marysville Public Works Department, and the Snohomish County Public Utilities District; and WHEREAS, the Plan does contain in Appendix F, Water Use Efficiency Program, the following goals for efficient water use: • Achieve system-wide average water use reduction of two percent by 2014, and five percent by 2018, from 2008 levels; • While meeting the DSL standard of 10 percent or less based on a three-year rolling average, maintain 5 to 7 percent or lower DSL in the water system on an annual basis; and • Increase awareness among all water users of the value and importance of conserving water, and of the methods available to achieve reductions in water use. WHEREAS, the City Council finds that the plan should be adopted as the City of Arlington’s water comprehensive plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Adoption . The City of Arlington hereby adopts the Final Water Comprehensive Plan, and its water use efficiency goals, dated July 2011. A copy of said plan shall be attached to this ordinance in the Clerk’s office. Section 2. Severability . If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Ordinance XXXX adopting Water Comp Plan 2 Section 3. Effective Date . This ordinance shall take effect five (5) days after its publication as provided by law. PASSED BY THE CITY COUNCIL and approved by the mayor at a regular meeting thereof on the 1st day of August, 2011. CITY OF ARLINGTON, WASHINGTON ___________________________________ Margaret Larson, Mayor ATTEST/AUTHENTICATED: _______________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: Public Hearing #2 ATTACHMENT F COUNCIL MEETING DATE: August 1, 2011 SUBJECT: Public Hearing – Request to declare City Equipment Purchased by Utilities as Surplus and Authorize Sale at Auction DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • Resolution Authorizing Sale of Surplus Equipment • List of Surplus Equipment EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: Revenues from Auction would be distributed back to appropriate Departments LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: Council is being asked to declare the listed equipment as surplus and authorize it for sale at public auction. Because some of the items were purchased with Utility Funds a Public Hearing is required to allow public comment. HISTORY: City Staff has reviewed the status of the listed equipment and determined that it is no longer functioning or repairable and should be declared surplus and sold at auction. Please see the attached list for specifics. ALTERNATIVES: • Do not surplus equipment RECOMMENDED ACTION: No action, public hearing on August 1, 2011 with action proposed for August 15, 2011 Council Meeting RESOLUTION NO. A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE. WHEREAS, the City has purchased the equipment listed on the attached Exhibit “A”; and WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of the City; and WHEREAS, because the equipment was purchased with utility funds, a public hearing was held before the Arlington City Council on August 1, 2011 to review this request and allow public comment, NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. The equipment/property described on the attached Exhibit “A” is declared surplus to the needs to the City. 2. Staff is instructed to sell all items for the best available price at sealed bid auction or properly dispose of items that it is unable to sell. Passed by the City Council of the City of Arlington at a regular meeting on the 1st day of August, 2011 __________________________________ Mayor Margaret Larson ATTEST: ___________________________________ Kristin Banfield, City Clerk/Asst. City Administrator Attachment A 1. WWTP EMERGENCY GENERATOR and 500 GALLON FUEL TANK Generator: (Includes Enclosure) Model # = 250DFAC ONAN Serial # = H920481182 Diesel Tank: (500 gallons) Manufactured by ACE TANK in Seattle, WA No serial number or equipment tag number 2. LIFT STATION #11 EMERGENCY GENERATOR (includes trailer) City ID# = 02130 Serial # = 2D 6858J 4023359 Model # = 8800 3. AC UNIT Kenmore Model # = H29B33VABCX Serial # = 709109-1552-0 4. 1999 FORD RANGER, EQUIP ID: WW-99 VIN #: City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT G COUNCIL MEETING DATE: August 1, 2011 SUBJECT: 67th Avenue – Easements & Dedications DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: • 67th Ave Phase 3 project Right-of-Way, Easement, and Real Estate transaction documents for the Hatfilld, Bolser, Moya, C Taylor, Wishart, and Lee properties EXPENDITURES REQUESTED: $10, 450.00 (Transportation Improvement Fund) BUDGET CATEGORY: LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: Council will be presented with information on the latest and greatest easements and dedications for the 67th Ave Phase III project. HISTORY: As part of the 67th Ave, Ph III project, the City needs to acquire additional permanent right of way and easements for road and sidewalk construction and staging. The ROW procurement must follow WSDOT guidelines; in order to accomplish this by an independent third party facilitated discussions with property owners for the necessary ROW procurements. We have below six ROW agreements and are ready to have these signed by the mayor and appropriate payments made. Property Amount Property Amount Hatfield $ 700.00 C Taylor $ - Moya $ 200.00 Wishart $ 5,800.00 Bolser $ 3,750.00 Lee $ - Total these transactions $ 10,450.00 Total to date $ 10,450.00 ALTERNATIVES: • Remand to staff for additional information • Table pending additional discussion RECOMMENDED ACTION: Motion approving, and authorizing the mayor to sign, the 67th Ave Phase 3 project Right-of- Way, Easement, and Real Estate transactions negotiated by the City of Arlington and their real estate transaction agent, HDR, Inc., for the Hatfilld, Bolser, Moya, C Taylor, Wishart, and Lee properties, pending final review by the City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #2 ATTACHMENT H COUNCIL MEETING DATE: August 1, 2011 SUBJECT: Old Town Wetland Amenities DEPARTMENT OF ORIGIN: Public Works – Jim Kelly ATTACHMENTS: • Copy of Old Town Wetland Amenities presentation EXPENDITURES REQUESTED: $ 30,000 (not to exceed) BUDGET CATEGORY: Stormwater Capital – Wetland Project (409) LEGAL REVIEW: N/A DESCRIPTION: Presentation of amenities (picnic tables, shelters, benches, and kiosks) for the Stormwater Wetland that have been reviewed and approved by the PARC. HISTORY: Construction of the Old Town Wetland nearing completion and the wetland area is ready for park amenities to be installed. The City’s Park maintenance staff has reviewed the Old Town Wetland site, identified locations for amenities, and has selected amenities for consideration. The selected amenities are fabricated from recycled plastic, are very durable, are the same as park amenities elsewhere in the City, and are very low maintenance. These proposed amenities were presented to the PARC at the July 26, 2011 PARC Meeting. Following a discussion session, the PARC provided their approval of these amenities for use in the Old Town Wetland. ALTERNATIVES: • Defer to staff for additional ideas or designs. RECOMMENDED ACTION: • Authorize staff to purchase the amenities reviewed and recommended by the PARC for installation in the Old Town Wetland. OLD TOWN WETLAND AMENITIES JULY 2011 OLD TOWN WETLAND Site Amenities July 19, 2011 OLD TOWN WETLAND AMENITIES JULY 2011 OLD TOWN WETLAND AMENITIES JULY 2011 OLD TOWN WETLAND AMENITIES JULY 2011 OLD TOWN WETLAND AMENITIES JULY 2011 OLD TOWN WETLAND AMENITIES JULY 2011 OLD TOWN WETLAND AMENITIES JULY 2011 DISCUSSION OLD TOWN WETLAND AMENITIES JULY 2011 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT I COUNCIL MEETING DATE: August 1, 2011 SUBJECT: Stillaguamish Avenue Paving Project – Bid Results/Authority to Award DEPARTMENT OF ORIGIN: Public Works – Jim Kelly ATTACHMENTS: • Handout of Bid Tab at Council Meeting EXPENDITURES REQUESTED: $230,000 (a 2011 budgeted item; $60,000 of cost to be paid by Stillaguamish Tribe) BUDGET CATEGORY: Transportation Improvement Fund 310 LEGAL REVIEW: City Attorney will review all contract documents prior to Award DESCRIPTION: Bid Opening on this project is scheduled for July 28th at 11 AM. Staff will present a recommendation based on bid results for Council Action at the August 1, 2011 Council meeting. HISTORY: As part of a Memorandum of Understanding between the City of Arlington and the Cascade Valley Hospital, a City partner, the City agreed to rehabilitate Stillaguamish Ave after the Hospital’s expansion project was completed. The hospital project is complete and the City is now ready to rehabilitate Stillaguamish Ave between Highland and maple (grind, compact, and pave). Since this road section is listed on the Indian Reservation Road (IRR) inventory, the City contacted the Stillaguamish Tribe of Indians and inquired if they wanted to partner on this project. Casey Steven of the Stillaguamish Tribe agreed and the City and the Tribe began planning for this road repaving project. ALTERNATIVES: • Do not perform the Stillaguamish Avenue Paving Project RECOMMENDED ACTION: Motion to award the Stillaguamish Avenue Paving Project to ____________ and authorize the mayor to sign the construction contract, pending final review by the City City of Arlington Council Agenda Bill AGENDA ITEM: New Business #4 ATTACHMENT J COUNCIL MEETING DATE: August 1, 2011 SUBJECT: Ordinance amending Arlington Municipal Code Chapter 8.17 regarding the keeping of livestock, chickens, and bees DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance adopting amendments to AMC Chapter 8.17 in strikeout format - Ordinance adopting amendments to AMC Chapter 8.17 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: AMC Chapter 8.17 addresses the authorization for residents to keep livestock, chickens and bees and the regulations for doing so. Staff has prepared an ordinance reflecting the City Council’s direction that was provided at the June 13, 2011, June 27, 2011, and July 25, 2011 Council workshops. HISTORY: City Council reviewed its options at the Council Workshop on June 13, 2011 and recommended that an ordinance be developed for final adoption based upon its direction. Council requested additional review at the June 20, 2011 Council meeting with respect to the keeping of livestock and the regulations for doing so. This review took place on June 27, 2011 and July 25, 2011. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: I move Council adopt the proposed ordinance amending Arlington Municipal Code Chapter 8.17 regarding the keeping of livestock, chickens, and bees. ORDINANCE NO. 2011-xxx ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 8.17 OF THE ARLINGTON MUNICIPAL CODE REGARDING LIVESTOCK, CHICKEN AND BEE KEEPING 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 adopted some revisions to Arlington Municipal Code Title 8 in February 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 8; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 8.17.010 is amended to read as follows: 8.17.010 - Keeping animals in the city—General regulations. (a) Any person being the owner or entitled to the possession of any animal, be it livestock or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that the following conditions are adhered to. (1) Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120. (2) Livestock shall be kept by securely confining the same in a stable or other building; or an enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such animal therein; or the same may be securely staked out in a vacant lot in such manner that it cannot get upon any street, alley, or other public place within the city provided that the same is so confined or staked out as to effectively prevent it from getting within one hundred feet of any property line, dwelling or other building in which persons work or are accustomed to be, or near enough to the property of another to do damage thereto or commit any nuisance thereupon, specifically including bodies of water and wildlife corridors; and provided, further, that. Any such animal shall be considered as running at large when it breaks away from its fastenings or is herded or permitted to feed upon any public rights-of-way or public properties. ORDINANCE NO. 2011-xxx (3) All species of fowl, rabbit or pot bellied pigs shall be kept in an approved a building, pen or enclosure. All such structures must be set back at least ten (10) feet from any residential structure on an adjacent lot. Any building, pen or enclosure which houses such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. (64) All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. (75) All manure and other refuse must be kept in secure, tightly sealed containers and disposed of at least once a week in a manner approved by the animal control officer. (b) Chickens may be kept within the city limits of Arlington, provided: (1) No more than seven (7) hens, including chickens and chicks, may be kept per single-family residential lot. (2) No roosters are allowed. (3) Henhouses, coops and chicken tractors must be set back at least ten (10) feet from any residential structure on an adjacent lot. (4) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and maintained so that dust, manure and odors are not detectable beyond any property line. (5) Henhouses, coops and chicken tractors including chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure’s highest point. (bc) Hives or colonies of bees shall be kept in a manner in which they are inaccessible to the general public and so that bee movements to and from the hive do not interfere with the ordinary movements of persons on adjacent properties or the public right-of-way. Hives shall be located at least fifty feet from the nearest property line.may be kept within the city limits of Arlington, provided: (1) All colonies must be registered with the director of the department of agriculture of the state of Washington as provided in RCW 15.60.021. (2) All hives must be moveable frame hives. (3) A maximum of 2 hives are permitted if the lot is 15,000 square feet or less (4) A maximum of 5 hives are permitted if the lot is between than 15,000 square feet and 35,000 square feet (5) A maximum of 15 hives are permitted if the lot is more than 35,000 square feet. (6) Hives may not be located within 10 feet of the property line. Formatted: Normal, Justified, Space Before: 10 pt, No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers, Tab stops: 0.35", Left + 0.69", Left + 1.04", Left + 1.39", Left + 1.74", Left + 2.08", Left Formatted: Font: +Headings Formatted: Font: +Headings Formatted: Font: +Headings Formatted: Font: +Headings Formatted: Font: +Headings Formatted: Font: +Headings Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.34" + Indent at: 0.61" Formatted: Font: +Headings ORDINANCE NO. 2011-xxx (cd) If any and all premises whereon any such animals are confined or kept are not kept in the manner provided in this chapter, such officer or officers shall at once notify the persons owning, possessing, or using the premises for such purpose to place the same in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith comply with such order. (de) Any person violating any of the provisions of this section shall be deemed guilty of a civil infraction and upon conviction thereof shall be fined an amount as set by council resolution. Section 2. Severability. If any such 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 _____________________, 2011. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney ORDINANCE NO. 2011-xxx ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 8.17 OF THE ARLINGTON MUNICIPAL CODE REGARDING LIVESTOCK, CHICKEN AND BEE KEEPING 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 adopted some revisions to Arlington Municipal Code Title 8 in February 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 8; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 8.17.010 is amended to read as follows: 8.17.010 - Keeping animals in the city—General regulations. (a) Any person being the owner or entitled to the possession of any animal, be it livestock or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that the following conditions are adhered to. (1) Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120. (2) Livestock shall be kept by securely confining the same in a stable or other building; or an enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such animal therein; or the same may be securely staked in such manner that it cannot get upon any street, alley, or other public place within the city or near enough to the property of another to do damage thereto or commit any nuisance thereupon. Any such animal shall be considered as running at large when it breaks away from its fastenings or is herded or permitted to feed upon any public rights-of-way or public properties. (3) All species of fowl, rabbit or pot bellied pigs shall be kept in a building, pen or enclosure. All such structures must be set back at least ten (10) feet from any residential structure on an adjacent lot. Any building, pen or enclosure which houses ORDINANCE NO. 2011-xxx such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. (4) All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. (5) All manure and other refuse must be kept in secure, tightly sealed containers and disposed of at least once a week in a manner approved by the animal control officer. (b) Chickens may be kept within the city limits of Arlington, provided: (1) No more than seven (7) hens, including chickens and chicks, may be kept per single-family residential lot. (2) No roosters are allowed. (3) Henhouses, coops and chicken tractors must be set back at least ten (10) feet from any residential structure on an adjacent lot. (4) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and maintained so that dust, manure and odors are not detectable beyond any property line. (5) Henhouses, coops and chicken tractors including chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure’s highest point. (c) Hives or colonies of bees may be kept within the city limits of Arlington, provided: (1) All colonies must be registered with the director of the department of agriculture of the state of Washington as provided in RCW 15.60.021. (2) All hives must be moveable frame hives. (3) A maximum of 2 hives are permitted if the lot is 15,000 square feet or less (4) A maximum of 5 hives are permitted if the lot is between than 15,000 square feet and 35,000 square feet (5) A maximum of 15 hives are permitted if the lot is more than 35,000 square feet. (6) Hives may not be located within 10 feet of the property line. (d) If any and all premises whereon any such animals are confined or kept are not kept in the manner provided in this chapter, such officer or officers shall at once notify the persons owning, possessing, or using the premises for such purpose to place the same in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith comply with such order. (e) Any person violating any of the provisions of this section shall be deemed guilty of a civil infraction and upon conviction thereof shall be fined an amount as set by council ORDINANCE NO. 2011-xxx resolution. Section 2. Severability. If any such 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 _____________________, 2011. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney