HomeMy WebLinkAbout12-19-2011_Council Meeting PacketDRAFT
Page 1 of 3
Council Chambers
110 East Third
December 5, 2011
City Council Members Present by Roll Call: Dick Butner, Sally Lien, Debora Nelson, 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, Jim Chase, Fire Chief
Bruce Stedman, Doug Schmidt, Brian Price, Jim Kelly, Brian DeWitt, Rory Bolter, Dan Hargroves, Bob
Beam, Eric Scott, David Kuhl, Bill Blake, Lynne Bridges, Linda Taylor, Elizabeth Chamberlin, Seth
Kinney, Kris Wallace, Monica Schlagel, Roxanne Guenzler, Debbie Strotz, Julie Good, Cristy Brubaker,
Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: Terry Marsh, Bob Nelson, Barbara Tolbert, Bruce Angell, Gale Fiege –
Everett Herald, Sarah Arney – North County Outlook, Mike Hobson, Cory Duskin, and Kirk Boxleitner –
Arlington Times
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. Marilyn Oertle seconded the motion which passed with a
unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Cornerstone Award ~ Absolute Airpark
With the use of a power point presentation Assistant to the City Administrator for Special Projects Paul
Ellis introduced Absolute Airpark. There was no one in attendance from this indoor trampoline center.
Jim Barron, from the American Legion, spoke to the American Veterans’ memorial project which has now
been finished. He presented the extra $7293.75 project money to the City for project upkeep and
maintenance.
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 November 21 and 28, 2011 meetings
2. Accounts Payable
Electronic Payments and Claims Checks #75246 through #75343 dated November 22, 2011
through December 5, 2011 in the amount of $224,519.14 and
Payroll Checks #27404 through #27424 and Electronic Payments and Payroll Checks for the
period of November 1, 2011 through November 30, 2011 in the amount of $1,254,138.60
3. Request for Authorization to apply for tourism grant funds
4. 2011 AC Water Main Project Closeout
5. Appoint Jerrie Inman to Library Board
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT December 5, 2011
Page 2 of 3
PUBLIC HEARING
2012 Budget
With the use of a power point presentation City Administrator Allen Johnson spoke to the proposed 2012
Budget which was also distributed in hard copy prior to the presentation. He reviewed the budget process
history and noted that the budget is now balanced. It is a 10% reduction from the 2011 budget. Mr.
Johnson then reviewed Revenues and Expenditures, a breakdown of the 2012 Budget, a breakdown of
Tax Sources, and a distribution of the Revenues.
The Public Hearing was opened at 7:14PM.
Brian Price, 18617 Balmoral Drive, Arlington, introduced himself as a City of Arlington Fire Department
employee and an Arlington Resident. He urged the Council not to cut police and fire services. He also
noted that Police and Fire go only to mandatory training, while all other training is paid by the officers,
themselves.
The Public Hearing was closed at 7:16PM.
Marilyn Oertle asked if the health insurance cut includes the Council and the Mayor, as well, and it was
noted that it does.
No action was taken at this time. Discussion of this evening’s comments will be heard on December 12,
2011 with requested action taken on December 19, 2011.
UNFINISHED BUSINESS
Ordinance Adopting the Shoreline Management Plan
Natural Resources Manager Bill Blake stated that the Shoreline Master Plan now has been presented in
its new corrected form. Discussion followed.
Steve Baker moved to authorize the Mayor to sign the Ordinance adopting Chapter 20.93 regarding
Critical Areas. Sally Lien seconded the motion that passed with a unanimous vote.
Ordinance Adopting the FEMA Flood Plain Regulations
Mr. Blake spoke to the FEMA Floodplain Regulations, giving a background of the Ordinance and asking
for Council support of the Regulations adoption.
Steve Baker moved to approve the Council approve the proposed Ordinance adopting the Amended
Floodplain Regulations in AMC Chapter 20.64 Floodways, Floodplains, Drainage, and Erosion; and the
Riparian Habitat Zone map. Sally Lien seconded the motion that passed with a unanimous vote.
NEW BUSINESS
Interlocal Agreement with Stillaguamish Tribe of Indians Adopting a Framework for a Government-
to-Government Relationship
Bill Blake reviewed the purpose for the Interlocal Agreement.
Sally Lien moved to approve the proposed Interlocal Agreement between the City of Arlington and the
Stillaguamish Tribe of Indians Adopting a Framework for a Government-to-Government Relationship and
authorize the Mayor to sign. Dick Butner seconded the motion that passed with a unanimous vote.
Advanced Arlington Manufacturing Center Binding Site Plan
Community Development Director David Kuhl addressed the Arlington Manufacturing Center Binding Site
Plan, located on the former Bayliner site. Developer Brent Nickelson as present to answer questions any
questions that might arise. All of this is subject to final review by the City Attorney.
Steve Baker moved to accept the dedications and easements as shown on the Advanced Arlington
Manufacturing Center Binding Site Plan, subject to final review by the City Attorney. Dick Butner
seconded the motion that passed with a unanimous vote.
Minutes of the City of Arlington City Council Meeting DRAFT December 5, 2011
Page 3 of 3
Approval of 67th ROW, Package #3
Public Works Director Jim Kelly spoke to the Right of Way Package. Mr. Kelly then answered Council
questions regarding the number of parcels yet needing approval.
Debora Nelson moved to approve, and authorize 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 Alspach, the Stillaguamish Valley Pioneer Assn. and the Kjolso
properties, pending final review by the City Attorney. Chris Raezer seconded the motion that passed with
a unanimous vote.
2011 Centennial Trail Project Closeout
With the use of a power point presentation Mr. Kelly projected the Trail location, and with this answered
Council questions asked at the previous presentation.
Marilyn Oertle moved to approve and authorize the Mayor to sign the Construction Acceptance Letter for
the 2011 Centennial Trail Project. Sally Lien seconded the motion that passed with a unanimous vote.
Joint Resolution for Manufacturing Industrial Center
David Kuhl spoke to the proposed Manufacturing Industrial Center and asked for consideration of a
Resolution between the Cities of Arlington and Marysville and the Tribe. He distributed a revised
Resolution reducing the 737 Max and Boeing language. Discussion followed.
Steve Baker moved to approve the Joint Resolution between Marysville, the Tulalip Tribe and the City of
Arlington relating to the advancement of the planning and implementation of a regional Manufacturing and
Industrial Center in the Smokey Point and airport industrial areas, and to coordinate with regional partners
to facilitate supplier expansion in the area. Sally Lien seconded the motion which passed with a
unanimous vote.
ADMINISTRATOR & STAFF REPORTS
Orientation for the Mayor elect and Council members elect begins soon.
MAYOR’S REPORT
Mayor Larson reported on meeting and events she had recently attended.
COUNCIL MEMBER REPORTS – OPTIONAL
Dick Butner, Sally Lien, Debora Nelson, Marilyn Oertle, Linda Byrnes, and Steve Baker gave brief reports
while Chris Raezer had nothing to report at this time.
EXECUTIVE SESSION
City Attorney announced that there would be need for an Executive Session lasting approximately 15
minutes with no action taken during or after that meeting, to review collective bargaining negotiations,
grievances, or discussions regarding the interpretation or application of a labor agreement [RCW
42.30.140(4)].
The meeting was adjourned into Executive Session at 7:50PM, after a 5-minute break was taken.
The meeting was reconvened at 8:11PM, and with no further business to come before the Council, the
meeting was adjourned at
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
December 12, 2011
Dick Butner Sally Lien, Debora Nelson, Marilyn Oertle, Chris Raezer, Linda Byrnes, Steve Baker, Mayor
Larson, Allen Johnson, Kristin Banfield, Jim Chase, Police Chief Nelson Beazley, Officer Bolter, Fire Chief
Bruce Stedman, FF-PM Marty Ruffner, Firemen Daniel Hargroves, Doug Schmidt, and Brian Price, Jim
Kelly, Eric Scott, Kris Wallace, Linda Taylor, Lynn Bridges, Bill Blake, Bryan Terry, Julie Good, Roxanne
Guenzleer, Cristy Brubaker, Paul Ellis, Jan Bauer, Steve Peiffle – City Attorney
Council Members Absent: There were no Council members absent.
Also Known to be Present: Barbara Tolbert – Mayor Elect, Mike Hopson, Sarah Arney – North County
Outlook, and Terry Marsh
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
Steve Baker moved to approve the Agenda, and Marilyn Oertle seconded the motion, which passed with
a unanimous vote approving the Workshop Agenda.
WORKSHOP- NO ACTION WAS TAKEN
Cascade Valley Hospital Utility Easement Dedication
Public Works Director Jim Kelly noted that these easements would accompany the new hospital
expansion. There were no questions.
2COA-ASD Amendment to the 2002 Settlement Agreement & ROW Acceptance from Arlington
School District for 186th St NE
Mr. Kelly addressed the Amendment concerning the 186th Street overpass, which will not be built, as
initially planned. Mr. Kelly then answered Council questions. Funds for that project would be assigned to
safety improvement projects in the vicinity of the Arlington High School. Discussion and clarification
followed.
Presentation on PARC Recommended Block Wall for 67th Ave, Phase 3 Project
Engineer Eric Scott presented aspects of the retaining wall scheduled for 67th Avenue. Mr. Scott provided
input from the Arlington Parks, Arts, and Recreation Commission their recommendations, and he
discussed proposed insets which would accommodate artwork within the wall. He then answered Council
questions.
Interlocal with Dawson’s Place for Child Interview Specialist
Police Chief Nelson Beazley addressed the professional services contract, and then answered Council
questions.
Fifth Amendment to Interlocal Agreement for Municipal Court Services with Marysville
Chief Beazley briefly addressed the ILA.
Graafstra Annexation – Development Agreement
Natural Resources Manager Bill Blake addressed the Graafstra Agreement for Annexation, along with
Draft Urban Horticultural Zoning agreement. Discussion and explanation followed.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Meeting DRAFT December 12, 2011
Page 2 of 2
Review 2011 Budget Amendments
Finance Director Jim Chase spoke to the requested 2011 Budget Amendments, reviewing reasons for
some of the proposed changes. Mr. Chase then answered Council questions.
2012 Budget Workshop
At this time Assistant City Administrator Kristin Banfield distributed a hard copy of the Budget Revenues
and Expenditures review. Mr. Johnson and Mr. Chase addressed Council questions and comments.
Miscellaneous Council Items
Linda Byrnes noted that two Airport Board positions were being sought by individuals who had recently
applied for the City Council seats. Ms. Byrnes also noted the clarity of voices on a recorded City Council
meeting she had recently listened to.
The meeting was adjourned at 7:45PM.
____________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
CONSENT AGENDA #3
ATTACHMENT B
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Stillaguamish Avenue Overlay Project Acceptance
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Construction Acceptance Letter
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: Transportation Improvement Fund
LEGAL REVIEW: Pending Final review by City Attorney
DESCRIPTION: Project acceptance letter for the Stillaguamish Avenue Overlay Project.
HISTORY: Following a competitive bid, Lakeside Paving was award the Stillaguamish Avenue
Overlay Project. The project has been completed to the terms of the contract and to the satisfaction of
the City. A summary of the construction costs is as follows:
City Funding $ 225,000.00 (2011 Overlay Budget)
Stilly Tribe Funding $100,000.00 (IRR Funding from FHWA)
Total Funding $ 325,000.00
Engineer’s Estimate $ 230,000.00
Lakeside Paving Bid $ 277,777.25
Final Construction Cost $ 299,096.98
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED MOTION:
I move to accept the Stillaguamish Ave Overlay Project as complete and authorize the Mayor to sign
the Construction Acceptance Letter for the Stillaguamish Avenue Overlay Project, pending final
review by the City Attorney.
Construction Acceptance letter
DATE: December 12, 2011
TO: Mayor Margaret Larson and Arlington City Council
FROM: James X. Kelly, Public Works Director
SUBJECT: PROJECT ACCEPTANCE
Project Title
Stillaguamish Overlay Project 2011 PO2.337
Staff has certified the construction performed by Lakeside Industries as complete and in
compliance with the terms of the construction contract as awarded by the City Council.
The final accounting of the cost of the project is as follows:
Contract Award Amount $
277,777.25
Change Orders Added $
Change Orders Deducted $
Over-runs/Under-runs $
21,319.73*
Final Contract Cost $
299,096.98
*This project was bid using estimated quantities, payment was made based on actual quantities
used in the field.
Staff recommends official acceptance by the City. If you concur, please sign below:
On behalf of the City of Arlington, I accept the construction performed under the contract
awarded by the Arlington City Council for
Stillaguamish Overlay Project 2011.
Mayor Margaret Larson Date
cc: City Council
Jim Chase, Finance Director
City of Arlington
Council Agenda Bill
AGENDA ITEM:
CONSENT AGENDA #4
ATTACHMENT C
COUNCIL MEETING DATE:
December 19 , 2011
SUBJECT: Acceptance of Cascade Valley
Hospital Utility Easements
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
ATTACHMENTS:
• Utility Easement Exhibit Map
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending Final Review by City Attorney
DESCRIPTION – Acceptance of new Utility Easements that are associated with the Cascade
Valley Hospital Remodel and Expansion
HISTORY: The recent remodel and expansion at Cascade Valley Hospital upgraded several City
owned and operated utility services; as such, Utility Easements have to be dedicated to the City
in order to perform necessary maintenance and repairs.
ALTERNATIVES:
• Remand to Staff for Additional Information
• Table pending further discussion
RECOMMENDED MOTION:
I move to approve the acceptance of the Utility Easements associated with the Cascade Valley
Hospital Remodel and Expansion and authorize the City Attorney to draft the necessary
documents for the Mayor’s signature.
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Maps and GIS data are distribute d “AS-IS” without wa rranties of any kin d, e ither exp ress or implied,including but not limited to warranties of suitability for a particular purpos e or use . Map data are compiled from a va riety of so urces which ma y con tain errors an d users who rely upon the information do so at their own risk. Users agree to indemnify, defe nd, and hold harmles s the City of Arlington for any a nd all liability of any na ture arising out of or re sulting from the lac k of accuracy or correctness of the data, or the use of the data presented in the ma ps.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
CONSENT AGENDA #5
ATTACHMENT D
COUNCIL MEETING DATE:
December 19 , 2011
SUBJECT: Amendment to City of Arlington and
Arlington School District Settlement Agreement
Regarding Traffic Mitigation Fees
DEPARTMENT OF ORIGIN:
Public Works – Contact: James Kelly
ATTACHMENTS:
• Amendment to City of Arlington and Arlington School District Settlement Agreement
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending Final Review by City Attorney
DESCRIPTION – Amendment to COA-ASD 2002 Settlement Agreement that obligates expenditures
of fees for specific school district transportation improvement purpose and defers expenditure
requirement to 2021.
HISTORY: The City of Arlington (COA) and the Arlington School District (ASD) entered into an agreement
on May 28, 2002 whereby ASD released claims and agreed not to sue COA for the return of traffic mitigation
fees associated with the Arlington High School Land Use Permit, provided that the COA agreed to expend the
traffic mitigation fees for the construction of a pedestrian overpass. This agreement was extended on January
14, 2008 to allow additional time for the construction of the overpass.
The cost of the pedestrian overpass has grown so large that it is apparent that the mitigation funds cannot cover
the cost of the overpass and that obtaining additional funding, grant or otherwise, is very unlikely. As such,
ASD and COA have agreed extend the expenditure date to 2021 and obligate the funds for transportation and
safety improvement projects in the vicinity of the Arlington High School, including construction of the
District’s portion of ¾ street improvements for 186th St. NE frontage.
ALTERNATIVES:
• Remand to Staff for Additional Information
• Table pending further discussion
RECOMMENDED MOTION:
I move to approve the amendment to City of Arlington and Arlington School District 2002
Settlement Agreement regarding traffic mitigation fees and authorize the Mayor to sign, pending
final review by the City Attorney.
AGREEMENT AMENDING
SETTLEMENT AGREEMENT 1
(27-287/sjp)
AGREEMENT AMENDING SETTLEMENT AGREEMENT
The parties to this agreement are the CITY OF ARLINGTON, WASHINGTON, a
municipal corporation of the state of Washington (hereinafter "CITY"), and ARLINGTON
SCHOOL DISTRICT NO. 16, a municipal corporation of the state of Washington (hereinafter
"the District").
RECITALS
WHEREAS, both parties are parties to a settlement agreement dated May 28, 2002
entitled “SETTLEMENT AGREEMENT, RELEASE OF ALL CLAIMS, COVENANT NOT
TO SUE, AND HOLD HARMLESS AGREEMENT” (hereafter “the settlement agreement”)
arising out of the settlement of a lawsuit filed under Snohomish County Superior Court case #02-
2-04674-4;
WHEREAS, the parties amended the settlement agreement by agreement dated January
14, 2008, to allow additional time for the construction of the overpass, which is now
acknowledged to be unlikely to occur due to time and funding constraints;
WHEREAS, the settlement agreement, the January 14, 2008 amendment to the settlement
agreement, and the terms set forth herein are collectively referred to herein as the "Agreement";
and
WHEREAS, the parties wish to amend the Agreement and continue to work together to
assure that the funds paid in settlement, presently totaling $366,186.67 including interest, and
other funds paid for trip generation fees for Pioneer Elementary School, presently totaling
$115,095.19 with interest, are applied to transportation and safety improvement projects in the
vicinity of the Arlington High School, including construction of the District’s portion of ¾ street
improvements for 186th St. NE frontage;
NOW, THEREFORE, the parties do agree, as follows:
1. The funds currently held by the City in the sum of $481,281.86, shall continue to
be held by the City until expended for construction of the District’s portion of ¾ street
improvements for 186th St. NE frontage as provided by Permit No. MJ-01-017 or other
transportation and safety improvement projects in the vicinity of the Arlington High School
mutually agreed upon by the City and the District. The City and the District shall cooperate and
act jointly and in good faith to develop an interlocal agreement for the financing, design and
construction of such transportation and safety improvement projects serving the school site. If
any of these funds are not expended or encumbered by the City on or before December 31, 2021,
the remaining funds shall be transferred to the City's Transportation Improvement Fund and may
AGREEMENT AMENDING
SETTLEMENT AGREEMENT 2
(27-287/sjp)
be expended or encumbered for any project listed in the City's then-adopted Transportation
Improvement Plan. The District expressly waives any refund rights or claims to such fees if
expended, encumbered or transferred upon expiration of such term in accordance with this
Agreement.
2. The parties agree that in lieu of the construction of a pedestrian overpass as
originally contemplated by the parties, the City shall use the funds for any transportation and
safety improvement project in the vicinity of the Arlington High School. .
3. The invalidity or unenforceability of any portion or provision of this Agreement
shall in no way affect the validity or enforceability of any other portion or provision hereof. Any
invalid or unenforceable portion or provision shall be deemed severed from this Agreement, and
the balance of the Agreement shall be construed and enforced as if the Agreement did not
contain such invalid or unenforceable provision. If any such provision of this Agreement is so
declared invalid, the parties shall promptly negotiate in good faith new provisions to eliminate
such invalidity and to restore this Agreement as near as possible to its original intent and effect.
4. All other elements of the Agreement not modified by this amendment shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by their official representatives this ____ day of December, 2011.
CITY OF ARLINGTON ARLINGTON SCHOOL DISTRICT NO. 16
________________________ ________________________________
Margaret Larson, Mayor Jeff Huleatt, Board President
ATTEST:
________________________
Kristin Banfield, City Clerk
City of Arlington
Council Agenda Bill
AGENDA ITEM:
CONSENT AGENDA #6
ATTACHMENT E
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Memorandum of Understanding with the
IAFF Local No. 3728 regarding 2012 Budget
Concessions
DEPARTMENT OF ORIGIN:
Executive
ATTACHMENTS:
Memorandum of Understanding with the IAFF Local No. 3728
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney reviewed the MOU
DESCRIPTION:
Council is requested to authorize the Mayor to sign the attached Memorandum of
Understanding with the IAFF Local No. 3728. The MOU outlines concessions made to address
the constraints of the 2012 budget
HISTORY:
ALTERNATIVES:
.
RECOMMENDED MOTION:
I move to approve the Memorandum of Understanding with the IAFF Local No. 3728 regarding
2012 Budget concessions.
MEMORANDUM OF UNDERSTANDING
2012 Budget Mitigation
AGREEMENT
By and between
City of Arlington, Washington
And
IAFF, Local 3728
The City of Arlington (the City) and IAFF, Local 3728 (the Local) hereby enter into the
following Memorandum of Understanding:
BACKGROUND
1. The City’s Fire Department currently has a vacancy for a firefighter on B shift, and
this vacancy cannot be filled in the immediate future by hiring a new employee
because of the difficult economic circumstances that the City is currently facing.
2. This vacancy is therefore currently causing the City to incur a significant amount of
overtime cost due to the need to call back other bargaining unit members on
overtime in order to temporarily fill the vacancy.
3. The City is also experiencing additional difficulties in general with its Fire Budget
that go beyond the overtime costs currently associated with the B shift vacancy.
4. Both the City and the Local therefore want to relieve the financial burden on the
City that is associated with the circumstances that are set forth in paragraphs 1-3
above while also maintaining an effective workforce and the greatest extent of
service possible to the community during these difficult economic times.
5. Therefore, the parties are entering into this MOU in order to assist the City with
the above-referenced financial difficulties during 2012.
TERMS OF MOU
1. This MOU will be in effect between Jan. 1, 2012 and Dec. 31, 2012 and will then
expire absent any mutual agreement on the part of both parties to extend it.
2. In addition, this MOU will also immediately terminate if any member of Local
3728’s bargaining unit is laid-off from the City at any time during 2012 (other than
those conditions outside the city’s control such as significantly reduced
revenues resulting from future state and federal legislations). In this case all of
the extra shifts worked by Local 3728’s bargaining unit members during 2012
pursuant to the terms of this MOU will be paid back to those members by the City
at the applicable overtime rate.
3. This MOU is conditioned on the City Council giving up its Health Insurance in an
effort to reduce the City’s costs in these difficult times, and if that does not occur,
then this MOU will also terminate immediately and be null and void.
4. Furthermore, if the City gives back concessions that have been made by any other
City employees outside of the Local’s bargaining unit, then the City will also be
obligated to give back equivalent concessions to Local 3728 and its members as
well.
5. While in effect, this MOU will be incorporated into the parties’ current collective
bargaining agreement. While the MOU is in effect it will supersede any
contradictory provisions of the parties’ collective bargaining agreement, and will
be subject to the parties’ grievance procedure.
6. Upon the expiration of the MOU, the status quo that was in effect prior to the
commencement of the MOU will be restored unless specifically provided for
elsewhere in this MOU or otherwise agreed.
7. During 2012 only, the number of Kelly Days that the members of Local 3728’s
bargaining unit are entitled to receive will be reduced from 15 to 11.5 ( a reduction
of 3.5 Kelly Days).
8. This temporary reduction in Kelly Days will result in each one of the Local’s
bargaining unit members working 3.5 additional shifts during 2012. The number of
Kelly Days that the members of Local 3728’s bargaining unit are entitled to receive
will revert to 15 in 2013.
9. The additional 3.5 work shifts per bargaining unit member referenced above will
be scheduled in such a manner so as to make every reasonable effort to ensure
that the City will not incur any overtime expense in 2012 as a result of the
firefighter vacancy that currently exists on B shift.
10. Any remaining extra shifts will also be scheduled in a manner that is intended to
reduce the City’s overtime expense in other ways with respect to the City’s Fire
Budget.
11. Employees who are called for unscheduled overtime during 2012 may, at their sole
discretion, elect to use that occasion as one of their additional 3.5 shifts if, by
doing so, this will not cause the City to incur any additional overtime expense.
12. Local 3728 will have the initial responsibility to schedule the above-referenced
extra shifts in a manner that is consistent with the provisions of this MOU, and will
keep the Administration informed on an ongoing basis as this scheduling is
accomplished.
13. The Administration will retain oversight and approval rights regarding the
scheduling of the extra shifts, and may order an alteration in the scheduling if
necessary in order to be consistent with the intent of this MOU.
14. Extra shifts worked will be either 12 hours or 24 hours in duration. Backfill shifts of
24 hours will be encouraged as much as possible.
15. If extra shifts are scheduled in such a manner so as to result in a bargaining unit
member working 96 consecutive hours, this scheduling arrangement will need to
be specifically approved by the Administration on a case-by-case basis.
16. It will be up to the Captain of each shift to determine on each occasion what
position to assign to anyone who is working an extra shift pursuant to the
provisions of this MOU.
17. The parties also agree that the following designated holidays will be added to
Article 19.5 of the parties’ collective bargaining agreement on a permanent basis,
and will be treated in the same fashion as other designated holidays: Memorial
Day; Labor Day; Day After Thanksgiving.
18. The parties understand that, as a result of the reduction in Kelly Days for 2012 that
is being agreed to herein, the average work week for the Local’s bargaining unit
members will be increased for 2012 only. However, under the unique
circumstances presented, the parties agree that the hourly rates and overtime
rates of pay that are applicable to the members of the Local’s bargaining unit will
not be impacted by this increase in the average work week for 2012.
DATED___________, 2011.
_________________________________ _______________________________
IAFF, LOCAL 3728 CITY OF ARLINGTON
2012 IAFF Local No. 3728 Concessions
Kelly Day Reduction Savings: $100,000
IAFF Local members will each reduce the number of Kelly shifts from 15 to 11.5 in 2012.
These Kelly shifts will be used to fill the vacant position and keep the department at full
staffing for 2012. The savings is approximately $1,100 per shift for 91 shifts (26
bargaining unit members times 3.5 shifts).
2012 Savings: $100,000
City of Arlington
Council Agenda Bill
AGENDA ITEM:
CONSENT AGENDA #7
ATTACHMENT F
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Memorandum of Understanding with the
Arlington Police Officers Association
regarding 2012 Budget Concessions
DEPARTMENT OF ORIGIN:
Executive
ATTACHMENTS:
Memorandum of Understanding with the APOA
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney reviewed the MOU
DESCRIPTION:
Council is requested to authorize the Mayor to sign the attached Memorandum of
Understanding with the Arlington Police Officers Association. The MOU outlines concessions
made to address the constraints of the 2012 budget.
HISTORY:
ALTERNATIVES:
.
RECOMMENDED MOTION:
I move to approve the Memorandum of Understanding with Arlington Police Officers
Association regarding 2012 Budget concessions.
Apoa Concession Mou Final - Clean 12-16-111
AGREEMENT
By and between
THE CITY OF ARLINGTON, WASHINGTON
And
ARLINGTON POLICE OFFICERS’ ASSOCIATION
(Representing Law Enforcement Officers)
THIS AGREEMENT is entered into by and between the City of Arlington, Washington,
hereinafter referred to as the “City”, and the Arlington Police Officers’ Association, hereinafter
referred to as the “Association”.
The City and the Association are parties to a Collective Bargaining Agreement dated July 5,
2011 which covers wages, hours of work, and other working conditions from January 1, 2010
through December 31, 2012, hereinafter referred to as “the 2010-2012 Agreement”.
The Association recognizes that the City is continuing to experience significant reductions in
General Fund revenue due to the extended downturn in the economy. To address this revenue
shortfall, the parties wish to memorialize an agreement regarding holiday pay, overtime, vacation
cashout and vacation that will aid in filling the City’s General Fund revenue shortfall. Therefore,
the parties acknowledge and agree as follows:
1. The parties agree that in 2012, employees assigned to patrol shall receive one hundred
twenty (120) hours of pay in lieu of observing holidays.
2. The parties further agree that in 2012, employees will schedule and observe their personal
holidays (either two 12-hour shifts or three 8-hour shifts) in accordance with current
department policy, provided however that the scheduling of personal holidays shall not
create an overtime event. Personal holidays must be used by December 31, 2012 and will
not be cashed out if an employee separates from the City’s employ, as outlined in City
policies.
3. Monthly vacation and sick leave accrual reports provided to each member of the
Association by the City will also list each employee’s available personal holiday time for
usage.
4. The parties agree that Section 10.5 of the 2010-2012 Agreement is suspended until the
expiration of this MOU.
5. To address overtime, the parties agree that effective January 1, 2012 the first ten (10)
hours of overtime earned each month will be automatically accrued as compensatory time
at the rate of one and one-half (1-1/2) times the actual overtime hours worked. Any
overtime earned in excess of ten (10) hours may be either accrued as compensatory time
or paid out as overtime. Employees may accrue up to a maximum of two hundred (200)
hours of compensatory time. Compensatory time must be scheduled so as not to create an
overtime event and must be used in accordance with current department policy.
Apoa Concession Mou Final - Clean 12-16-112
Compensatory time earned in 2012 (maximum of 200 hours) can be carried over to 2013,
but must be used by December 31, 2013. It is understood that this section shall be
negotiated during discussions for a successor Collective Bargaining Agreement that are
to occur in 2012. This section does not apply to any overtime which is being reimbursed
in real dollars to the city through any state or federal agency as part of a grant and/or
reimbursement program. Should a member of the bargaining unit separate from the
City’s employ, compensatory time will be used prior to the final day of employment and
will not be cashed out.
6. Effective during the term of this MOU only bargaining unit members may accrue up to
four hundred (400) hours vacation. Vacation time earned in 2012 (maximum of 400
hours) can be carried over to 2013, but must be used by December 31, 2013. It is
understood that this section shall be negotiated during discussions for a successor
Collective Bargaining Agreement that are to occur in 2012.
7. This agreement is only valid if the Arlington City Council agrees to the utility tax rate
increases and the City Council & Mayor eliminate their health care budget as proposed at
the City Council public hearing on December 5, 2011 regarding the 2012 City of
Arlington budget.
8. This agreement is only valid if all other City of Arlington Employees (represented and
non-represented) agree to make like concessions as described at the December 5, 2011
City Council Public Hearing regarding the 2012 City of Arlington Budget.
9. Furthermore the city agrees that if furloughs are no longer needed for any group of
employees, due to a better than expected revenue outlook, all bargaining unit members
will be refunded a proportional amount of money during the 2012 year.
10. Furthermore the city agrees that the APOA concessions are a substantial step for the
APOA to make in an effort to help the city during the economic crisis. The City
recognizes that the Arlington Police Department commissioned officers are understaffed
This MOU will terminate if any member of APOA’s bargaining unit is laid off from the
City at any time during 2012 (other than those conditions outside the city’s control, such
as significantly reduced revenues from future state and federal legislation).
11. This Agreement amends the 2010-2012 Agreement, effective upon the date of signature
of both parties below. In all other respects and except as specifically amended herein, the
2010-2012 Agreement shall remain in full force and effect. This MOU will be in effect
between Jan. 1, 2012 and Dec. 31, 2012 and will then expire absent any mutual written
agreement to extend it.
Apoa Concession Mou Final - Clean 12-16-113
ARLINGTON POLICE OFFICERS’ CITY OF ARLINGTON, WASHINGTON
ASSOCIATION
By ___________________________________ By ___________________________________
Rory Bolter, President Margaret Larson, Mayor
Date ___________________________________ Date ________________________________
2012 APOA Concessions
Holiday Pay October 2012 Savings: $22,300
APOA members receive Holiday Pay annually in October in lieu of taking the City’s
observed holidays. The City observes 10 holidays and offers 2 floating holidays to be
taken at the employee’s discretion. The current Collective Bargaining Agreement calls
for all members of the APOA to be eligible to receive payment in lieu of observing their
floating holidays.
The proposed change is to prohibit members of the APOA from receiving payment for
the two floating holidays. Employees must use their floating holidays so as not to cause
an overtime event by December 31, 2012 or lose them.
This is the same concession made by APOA in 2009.
Vacation Cashout May 2012 Savings: $41,150
APOA members were slated to receive a one-time vacation cashout of 40 hours in May
2012. This was to bring vacation leave balances down to more manageable levels since
vacation is difficult to schedule without causing overtime events.
The proposed change is to strike Section 10.5 of the Collective Bargaining Agreement
that was adopted in July 2011, resulting in a savings to the City.
Overtime Pay January - December 2012 Savings: $80,000
Under the current Collective Bargaining Agreement, APOA members either receive
overtime or compensatory time for any hours worked that exceeds the standard set by
FLSA. Most of the APOA members elect to receive overtime pay.
The proposed change requires all members of the APOA to convert the first 10 hours of
overtime earned each month to compensatory time (Comp Time).
This is similar to a concession made by APOA in 2009.
2012 Savings: $143,450
City of Arlington
Council Agenda Bill
AGENDA ITEM:
PUBLIC HEARING #1
ATTACHMENT G
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
PUBLIC HEARING
Manufacturing/Industrial Center (MIC)
Comprehensive Plan Amendments
(PLN20110007)
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd Hall
ATTACHMENTS:
1. Staff Report
2. Amendments to Chapter 3: Goals and Policies (Land Use, Economic Development,
Transportation)
3. Amendments to Chapter 7: Land Use Element
4. Figure 2-21: MIC Boundary
5. Ordinance
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
The City Attorney has reviewed the proposed
amendments.
DESCRIPTION:
Draft Comprehensive Plan Amendments to Chapters 3, 7 and addition of Figure 2-21, adopting
the designation of a Manufacturing/Industrial Center.
HISTORY:
Planning staff discussed the Comp Plan Amendments at the November 15, 2011 Planning
Commission meeting and the November 28, 2011 City Council workshop. The Planning
Commission held a public hearing regarding the amendments at their December 6, 2011 meeting
and made a recommendation to City Council to approve the amendments as drafted.
ALTERNATIVES:
No action.
RECOMMENDED MOTION:
I move to adopt the ordinance approving the Manufacturing Industrial Center Comprehensive
Plan Amendments.
PLANNING DIVISION STAFF REPORT
To: Arlington City Council
From: David Kuhl, AICP, Community Development Director
Todd Hall, Associate Planner
Hearing Date: December 19, 2011
Project: Manufacturing/Industrial Center (MIC) Comprehensive Plan Amendments
(PLN20110007)
A. INTRODUCTION
The applicant, City of Arlington, propose amendments to Chapter 3: Goals and Policies, Chapter 7:
Land Use Element, and the addition of a map in support of designation of a
Manufacturing/Industrial Center (MIC).
B. GENERAL INFORMATION
Applicants/Owners: City of Arlington, 238 N. Olympic Ave., Arlington, WA 98223
Contact: Todd Hall, Associate Planner, City of Arlington, 238 N. Olympic Ave.,
Arlington, WA 98223
General Location: MIC-designated area (See attached map)
Project Description: The Manufacturing/Industrial Center (MIC) Comprehensive Plan
Amendments are City-initiated, City-wide text-amendments to the City of Arlington Comprehensive
Plan to amend goals and policies and chapter discussions related to the designation of a
Manufacturing/Industrial Center (MIC) overlay and adding a new map to the Comprehensive Plan
showing the specific boundaries of the MIC.
Requested Action: Hold a public hearing and adopt the ordinance approving the Manufacturing
Industrial Center Comprehensive Plan Amendments (PLN20110007)
Review Process: See Title 20 – Land Use Code of AMC, Chapter 20.96 Amendments
Exhibits: 1. Draft Amendments to Chapter 3: Goals and Policies (Land Use, Economic
Development, Transportation)
2. Draft Amendments to Chapter 7: Land Use Element
3. Draft Figure 2-21: MIC Boundary
Community Development
Planning Division
PLN20110007
Manufacturing/Industrial Center (MIC) Comprehensive Plan Amendments
December 19, 2011 – City Council
C. DETAILED PROJECT INFORMATION
The Manufacturing/Industrial Center (MIC) Comprehensive Plan Amendments are City-initiated,
City-wide text-amendments to the City of Arlington Comprehensive Plan to amend goals and
policies and chapter discussions related to the designation of a Manufacturing/Industrial Center
(MIC) overlay adding a new map to the Comprehensive Plan showing the specific boundaries of the
MIC.
The City is proposing text amendments in order to designate a MIC. The MIC designation would
identify the area as a major employment center that attracts manufacturing and industrial uses. By
having this area designated as an MIC, the City would be eligible for competitive transportation
infrastructure grant funding. MICs are designated by Snohomish County Tomorrow (SCT),
Snohomish County’s public inter-jurisdictional forum of cities and the Tribes; and by Puget Sound
Regional Council (PSRC), which is the Puget Sound’s regional planning body.
The Arlington-Smokey Point MIC is a future joint effort between the cities of Arlington and
Marysville. Each City is adopting their own comprehensive plan amendments and land use
regulations related to the MIC. The future regionally designated MIC would encompass both city
limits, with the majority (approximately 80%) of the land area within Arlington.
D. REGULATORY REQUIREMENTS
1. SEPA COMPLIANCE:
The amendment of a comprehensive plan is subject to provisions of the State
Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code
(AMC). The applicant submitted an environmental checklist on October 27, 2011. On
October 31, 2011, the City issued a Determination of Non-Significance (DNS) for the
proposal. No comments were received on the DNS.
2. PUBLIC NOTIFICATION/INVOLEVMENT:
a. A Notice of Public Hearing was issued for the December 6, 2011 Planning
Commission meeting and the December 19, 2011 City Council meeting. A notice was
posted at the Arlington and Smokey Point Post Offices, the Arlington Library and
City Hall. Notices were also published in the Arlington Times and Everett Herald on
November 23, 2011.
3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION:
On October 24, 2011, the Manufacturing/Industrial Center Comprehensive Plan
Amendments were submitted to the Washington State Department of Commerce (DOC)
for review. The DOC notified the City that it was in procedural compliance with RCW
36.70A.106, Material ID #17512 on October 27, 2011.
4. GROWTH MANAGEMENT ACT:
In accordance with RCW 36.70A.130, a city may revise its comprehensive plan, if
needed, on a yearly basis. This amendment is in accordance with this provision.
PLN20110007
Manufacturing/Industrial Center (MIC) Comprehensive Plan Amendments
December 19, 2011 – City Council
E. BACKGROUND INFORMATION
1. The City’s comprehensive plan was adopted on December 5, 2005 with
amendments approved on an annual basis since this time, the most recent of which
were approved in April 2011. The amendment as described above is part of the 2011
Comprehensive Plan Amendment docket.
F. ANALYSIS
1. The proposed amendments to the Comprehensive Plan, which includes an update two
chapters and the addition of a new map, are included in this proposal. No other
substantive changes to the Comprehensive Plan are proposed as part of this
amendment.
2. The proposed amendments are consistent with the overall intent of the goals the
Comprehensive Plan. Several new goals and policies have been added to the Land Use,
Transportation, and Economic Development sections of Chapter 3: Goals and Policies
and are summarized in the attachments.
3. The goals in the Growth Management Act (GMA) that specifically apply to these
amendments are: Urban Growth, Reducing Sprawl, Transportation and Economic
Development (RCW 36.70A.020, (1), (2), (3), and (5). These goals are reflected in the
City’s Comprehensive Plan.
The Urban Growth goal focuses on infill and developing where adequate public facilities
and urban services exist or can be provided in an efficient manner. The proposed
amendment to add an MIC map could continue to focus current and future
manufacturing and industrial development in an urban growth area near major
transportation centers and thus utilize existing public facilities rather than extending
into rural or unincorporated areas.
The Reducing Sprawl goal identifies the need to “Reduce the inappropriate conversion
of undeveloped land into sprawling, low-density development.” “Low-density”
development may be classified as commercial, industrial, or residential. An MIC
designation would concentrate development into a defined area rather than allowing
associated developments to outlying areas which would be less efficient in terms of
transportation and infrastructure.
The Transportation goal focuses on efficiency, including multi-modal transportation
options that are based on regional priorities and coordinated with county and city
comprehensive plans. The MIC will have priority for regional transportation funding,
and in the future, will qualify for federal transportation funding once regionally
designated by PSRC.
The Economic Development goal promotes “economic opportunity for all citizens of the
state….promote the retention and expansion of existing businesses and recruitment of
new businesses…” The MIC designation would be consistent with this goal in that it
promotes retention and growth of new manufacturing/industrial businesses and
includes improved regional transportation options.
PLN20110007
Manufacturing/Industrial Center (MIC) Comprehensive Plan Amendments
December 19, 2011 – City Council
4. The Snohomish County Countywide Planning Policies that specifically pertain to the
amendments are in the Economic and Employment chapter (specifically ED-5, 6 and 7).
These policies will be more applicable once the City moves forward with regional MIC
designation and requires the County’s and PSRC approval. At this time, the City is only
proposing local MIC designation.
G. FINDINGS AND CONCLUSIONS
1. The call for 2011 Comprehensive Plan amendments was conducted in January 2011.
The application for the Manufacturing/Industrial Center Comprehensive Plan
Amendments was received by the January 31, 2011 deadline.
2. Seven amendments were submitted for the 2011 docket, including the
Manufacturing/Industrial Center Comprehensive Plan Amendments (PLN20110007).
3. A Determination of Non-Significance (DNS) was issued for the Manufacturing/Industrial
Center Comprehensive Plan Amendments on October 31, 2011 (see above for details).
No comments were received.
4. The amendment was submitted to the DOC on October 24, 2011 in accordance with
RCW 36.70A.106 and the submittal met all DOC’s procedural requirements.
5. A Notice of Public Hearing was published in the November 23, 2011 Everett Herald and
Arlington Times for the December 6, 2011 Planning Commission public hearing and
December 19, 2011 City Council public hearing.
6. On November 23, 2011, a Notice of Public Hearing for the December 6, 2011 Planning
Commission public hearing and December 19, 2011 City Council public hearing was
posted at Arlington City Hall, Arlington Post Office, Smokey Point Post Office and the
Arlington Public Library.
7. The application for PLN20110007 has been reviewed for consistency with the Arlington
Comprehensive Plan and the Manufacturing/Industrial Center Comprehensive Plan
Amendments are consistent with, and internally consistent with, the Arlington
Comprehensive Plan.
8. The proposed Comprehensive Plan Amendment as described has been reviewed in
accordance with, and is consistent with, the Snohomish County Countywide Planning
Policies, as noted in Section F above.
9. The proposed Comprehensive Plan Amendment was prepared in accordance with the
Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act.
10. Documentation supporting the findings of fact is located in the file, which is adopted by
reference into this approval.
11. Adoption of the proposed Comprehensive Plan Amendment, as listed above, furthers the
public health, safety and general welfare.
PLN20110007
Manufacturing/Industrial Center (MIC) Comprehensive Plan Amendments
December 19, 2011 – City Council
H. RECOMMENDATION
Staff recommends that the Arlington City Council hold a public hearing and adopt the
ordinance approving the Manufacturing/Industrial Center Comprehensive Plan
Amendments (PLN20110007).
12/5/05 Land Use Page 10
Goal/Policy
PN
D SR
R-
L
M
D
R-
M
D
R-
H
D
OT
OT
B
D
-
1
OT
B
D
-
2
OT
B
D
-
3
NC GC HC BP LI GI
MS AF
P/
S
P
Applicable Land Use Designations
PL-12.5 Pursue the designation of the Arlington-Smokey Point Manufacturing Industrial Center (MIC)in
the Snohomish County Countywide Planning Policies and regional designation by Puget Sound
Regional Council (PSRC).
X X X X X X X
PL-12.6 Support the development and growth of the Arlington-Smokey Point MIC by supporting a
concentrated manufacturing and industrial base and by planning for future growth and
infrastructure improvements.
X X X X X X X
PL-12.7 Develop appropriate zoning, design review and landscaping regulations so that manufacturing
uses within the MIC are buffered from the impacts to residential uses.X X X X X X X
PL-12.8 Ensure at least a minimum of 80% of the property within the MIC is planned and zoned for
industrial and manufacturing uses. Compatible non-industrial uses shall be conditioned to
mitigate for potential conflicts with current and future industrial uses.
X X X X X X X
GL-13
PL-13.1 Explore and use economic or other incentive programs that would encourage appropriate
industrial development.X X X
PL-13.2 Encourage the development of planned industrial parks.X X X
Promote an active and diverse industrial district in order to promote economic growth.
12/5/05 Econonomic Development Page 4
PE-5.9 Promote the merchants’ involvement in ongoing economic development strategies.X X X
PE-5.10 The City should also become an active sponsor and promoter of new retail businesses that offer
a mix of goods and services that people in the area want and need, focusing on the balance of
factors that will result in an economically successful retail center with the prospects for long-term
economic health.
X X X
Smokey Point/SR-531 Corridor
PE-5.11 Work towards Smokey Point becoming a Subregional Center pursuant to PSRC's designation.X X
PE-5.12 We ought to do everything possible to get the SR-531 x I-5 interchange built so as to be able to
attract and handle the commercial capacity of the Smokey Point/SR-531 Commercial Corridor. X X X X X
Airport/Industrial Area
PE-5.13 Remember that the industrial zoning and uses were here long before most of the residential
areas were built around it.We need to protect the GI district from encroaching residential uses
and the complaints that follow.Embrace General Industrial uses within the existing GI district as
long as impacts are mitigated and performance standards adhered to.
X
PE-5.14 Accept the fact that GI uses are generally not always pretty.However,this doesn’t mean the
public views from rights-of-way (entrances and perimeters) can’t be spruced up and aesthetically
pleasing.
X
PE-5.15 As for our Light Industrial and Business Park areas,which tend to provide higher wage jobs and
higher number of jobs per acre,this district can be used as buffer between GI or airport and
residential districts where feasible.We should aim for cleaner uses than in the GI district and all
uses should be indoors.
X X
PE-5.16 Continue to diversify the City’s industrial base and protect our General Industrial area from
becoming so restrictive that traditional industrial businesses find it undesirable. X X
PE-5.17 Capitalize on the availability of rail transportation and the airport as a draw for high-wage paying
industrial businesses.X XPE-5.18 Seek a PSRC designation of Manufacturing/Industrial Center,perhaps jointlywiththeCityofMarysville,which is planning for additional industrial/businessparklandusedesignationsfortheareaofitsUGAthatabutsourindustrialarea.Such a designation would open up additional funding opportunities forinfrastructure.X X X
Kent Prairie
PE-5.19 Work with property owners to develop a plan,the goal of which would be to reduce the standard
ESA-buffers on some of the developable lands through which diked streams run in exchange for
larger buffers and improved habitat on parcels that are less developable
12/5/05 Econonomic Development Page 5
West Bluff Industrial Area
PE-5.20 The City should encourage and facilitate the annexation of the West Bluff subarea.X
Hilltop Neighborhood
PE-5.21 In the future, as the City grows,the properties around the SR-9 x SR-531 intersection will
become centralized around many residential neighborhoods. Commercial uses at this
intersection will become essential to serving these neighborhoods, and the commercial
designations should maintained, even if commercial development is not imminent.
X
Airport
GE-6
PE-6.1 Encourage the growth of the airport as an employment center by considering innovative
public/private partnerships,tax incentives, and economic development planning to promote this
growth.
X X X
PE-6.2 Promote Arlington Municipal Airport as Washington’s Premier General Aviation Airport.
Encourage development of the Flight Line property X X X
PE-6.3 Develop a strategy to market the Airport along with the rest of the City.X X X
PE-6.4 Bring recognition to Arlington by encouraging special events such as the NWEAA Fly-In and
others.X X X
Tourism
GE-7
PE-7.1 Encourage the development of the County trail system to Darrington and the Skagit County line
and promote Arlington as the hub for trail users. X X X X X X X X X X X X X X X X X X
PE-7.2 Capitalize on our riverfront, riverfront parks (existing and potential), and trail systems and
develop and promote Arlington as an outdoor recreation area.X X X X
PE-7.3 Implement other action items in the Economic Development plan aimed at achieving this goal.X X X X X X X X X X X X X X X X X X
Manufacturing/Industrial Center (MIC)
GE-8 Seek regional PSRC designation of the 'Arlington-Smokey Point Manufacturing/Industrial Center (MIC), jointly with the City of Marysville, which is planning
for additional manufacturing and industrial land uses south of the City of Arlington that abuts our industrial area. Such a designation would open up
additional funding opportunities for infrastructure.
As one of our economic development strategies, aim to increase the number of people coming to Arlington to contribute to the local economy.
Ensure that the airport remains a viable employment and economic engine for the City of Arlington.
12/5/05 Econonomic Development Page 6
PE-8.1 Provide adequate infrastruture, support existing facilities and services and protect the MIC area
against incompatible uses in order to maintain and attract new manufacturing and industrial
businesses and will help Arlington continue to be a place to live, work and play.
X X X X X X X
PE-8.2 Develop policies and regulations that are coordinated with economic development strategies to
encourage growth and sustain manufacturing and industrial businesses in Arlington. X X X X X X X
PE-8.3 The City should make every effort to provide up-front economic information, site development
data, and streamline permit processing in order to assist existing and help develop new
manufacturing and industrial businesses in the MIC.
X X X X X X X
12/5/05 Transportation Page 8
Goal/Policy
PN
D SR
R-
L
M
D
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M
D
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OT
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D
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1
OT
B
D
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2
OT
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D
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NC GC HC BP LI GI
MS AF
P/
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Applicable Land Use Designations
PT-12.5 If funding is unavailable, or if development is progressing beyond the ability to provide sufficient
transportation facilities, the City should consider development moratoriums, as necessary, until
the transportation facilities can be brought into alignment with approved LOS.
X X X X X X X X X X X X X X X X X X
PT-12.6 Direct resources to ensure that existing transportation system is maintained adequately.X X X X X X X X X X X X X X X X X X
Air Quality
GL-13
PT-13.1 The quality of air in and around the Puget Sound region is an important factor in the high quality
of life enjoyed by residents living in our community. To help enhance and maintain high air
quality standards, Arlington commits to meeting federal and state air quality requirements and
will work with the state, region and local agencies or jurisdictions to develop transportation
control measures and/or similar mobile source emission reduction programs that may be
warranted to attain or maintain air quality requirements.
X X X X X X X X X X X X X X X X X X
PT-13.2 The City's transportation system shall conform to the federal and state Clear Air Acts by
maintaining its conformity with the Metropolitan Transportation Plan of the Puget Sound Regional
Council and by following the requirements of Chapter 173-420 of the Washington Administrative
Code, which may include development of transportation control measures and air quality
programs.
X X X X X X X X X X X X X X X X X X
Manufacturing/Industrial Center (MIC)
GL-14
PT-14.1 Identify and implement short-term and long-range infrastructure improvements that supports
existing and helps stimulate the development of new manufacturing and industrial uses in the
MIC.
X X X X X X X
PT-14.2
Work collaboratively with the City of Marysville to develop a seamless and compatible road
network in order to efficiently move goods and services within and outside the MIC.X X X X X X X
PT-14.3
Develop a street design that incorporates low-impact development standards which reduces
surfacewater and enhances aesthetics of the area.X X X X X X X
PT-14.4
Implement a non-motorized network throughout the area that allows pedestiran and cyclists to
access adjoining businesses and neighborhoods.X X X X X X X
PT-14.5 Require landscaping along roadways and between properties that are adjacent to neigbhoroods
to reduce noise and visual impacts.X X X X X X X
PT-14.6
Achieve regional MIC designation with PSRC to allow access to state and federal transportation
infrastructure funding.X X X X X X X
Ensure that development of the MIC supports the movement of goods is compatible with adjacent neighborhoods and promotes a multi-modal transportation
Minimize air quality impacts caused by the transportation system.
12/5/05 Transportation Page 9
Goal/Policy
PN
D SR
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L
M
D
R-
M
D
R-
H
D
OT
OT
B
D
-
1
OT
B
D
-
2
OT
B
D
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3
NC GC HC BP LI GI
MS AF
P/
S
P
Applicable Land Use Designations
PT-14.7
Ensure that future roadway development allows for the movement of large trucks. Identify and
address areas that are deficient in design or hinders circulation and access.X X X X X X X
PT-14.8
Encourage existing and new businesses to utilize the BNSF railroad spur as useful resource to
move goods and services within and outside the MIC. X X X X X X X
PT-14.9 Design both motorized and non-motorized facilities in a manner that allows for the safe and
efficient movement of freight and people, while minimizing conflicts with railroad crossings.X X X X X X X
Chapter 7:
Land Use Element
7.1 PURPOSE OF THIS CHAPTER ........................................................................................ 7-1
7.2 MAJOR LAND USE CONSIDERATIONS ........................................................................... 7-1
7.3 EXISTING CONDITIONS ................................................................................................. 7-2
7.3.1 Land Use Designations .......................................................................................... 7-2
7.3.2 Residential Land Capacity Analysis (Buildable Lands) ......................................... 7-8
7.3.3 Residential Density .............................................................................................. 7-10
7.3.4 Household Size .................................................................................................... 7-10
7.3.5 Employment Land Capacity Analysis (Buildable Lands) .................................... 7-10
7.3.6 Jobs/Housing Ratio .............................................................................................. 7-10
7.4 PROJECTED NEEDS ................................................................................................... 7-10
7.4.1 2025 Population Target ....................................................................................... 7-10
7.4.2 Residential Land .................................................................................................. 7-10
7.4.3 Employment Land ................................................................................................ 7-11
7.4.4 Public Land .......................................................................................................... 7-12
7.5 W HAT W E W OULD LIKE TO ACHIEVE .......................................................................... 7-13
7.5.1 UGA Expansion ................................................................................................... 7-13
7.5.2 Revised Land Use Map ....................................................................................... 7-19
7.5.3 Protection of the Stillaguamish River Valley ....................................................... 7-19
7.5.4 Subarea Plans ..................................................................................................... 7-20
7.5.5 Manufacturing/Industrial Center Designation …………………………………….7-25
City of Arlington Comprehensive Plan Land Use Element
Background Materials
7 - 25 5 December 2005December 2011
7.1.1.337.5.4.12 Island Crossing
Subarea
The Council has long supported Island
Crossing being drawn into the UGA and an-
nexed to the City, and it is still their intent.
The plan has been, and remains, for it to be
designated and zoned as Highway Com-
mercial.
It is recognized that there are development
hurdles to overcome, most notably the fact
that much of the area is within the 100-year
floodplain. However, the City has adopted
FEMA‘s model flood ordinance and believes
we could better manage development of this
area than other agencies. There would also
have to be substantial infrastructure im-
provements made; but under the City‘s rules
these must be borne by the developers.
It should be noted that it is believed that if
Island Crossing does not become part of the
City, the Stillaguamish Tribe of Indians
could purchase it and lease it back to the
same people who are currently trying to de-
velop it. If it were placed in trust there would
be no local zoning, building, or other envi-
ronmental regulations with which the devel-
opment would have to adhere.
7.5.5 Manufacturing/Industrial
Center Designation
The Arlington-Smokey Point Manufactur-
ing/Industrial Center (MIC) is a locally-
designated area with which includes all in-
dustrially-zoned land, the Arlington Munici-
pal Airport, Airport Business Park, and
some limited areas of commercial along
172nd St. NE (SR 531). The boundaries of
this area are shown in Figure 2-21 of the
Comprehensive Plan.
The area encompasses approximately
2,291 acres, most of which is either zoned
General Industrial or Aviation Flightline.
The designation of this area as a MIC sup-
ports concentrated uses for high intensity
light and heavy manufacturing, while limiting
large areas of retail and residential. MIC‘s
are intended to accommodate a significant
amount of regional employment and should
be protected from incompatible uses. By
locally designating the area as a MIC, the
City will have access to Infrastructure Coor-
dinating Committee (ICC) funding, which
provides planning, funding and implementa-
tion of infrastructure and transportation sys-
tems.
A joint-MIC, including industrial areas within
the cities of Arlington and Marysville, may
be considered in the future for County and
regional designation once specific criteria
established by Puget Sound Regional
Council (PSRC) are met.
City of Arlington Comprehensive Plan Figures & Maps
2 - 22 December 2011
ATTACHMENT "1"
Figure 2-21: Arlington-Smokey Point Manufacturing/Industrial Center (MIC) (Arlington boundary only)
ORDINANCE NO. _____ 1
ORDINANCE NO. 2011-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE CITY’S COMPREHENSIVE PLAN FOR THE DESIGNATION OF A
MANUFACTURING INDUSTRIAL CENTER
WHEREAS, the City of Arlington, Washington has the authority to regulate land uses
within the City, and has gone through its periodic review and update of the Comprehensive Plan;
and
WHEREAS, included in the review of the Comprehensive Plan is an amendment to
designate a specified portion of the City as a Manufacturing Industrial Center, including text
amendments to Chapters 3 and 7 and a new Figure 2-21 which identifies the boundaries of the
Manufacturing Industrial Center; and
WHEREAS, the Manufacturing Industrial Center is intended to designate an area for
manufacturing and industrial uses and to create a major employment center that attracts a variety
of employers in manufacturing and industrial uses; and
WHEREAS, the Manufacturing Industrial Center will be an area that primarily
encourages manufacturing and industrial uses and discourages non-industrial uses to the best
extent possible; and,
WHEREAS, an Existing Conditions Report was drafted in support of the Manufacturing
Industrial Center designation which evaluates current land use, transportation, and employment
issues; and
WHEREAS, by designating the Manufacturing Industrial Center in the Comprehensive
Plan, the City would be eligible for competitive transportation infrastructure funding; and
WHEREAS, the City is locally designating the Manufacturing Industrial Center, and in
the future, will work collaboratively with the City of Marysville to help develop a regionally-
designated Manufacturing Industrial Center once benchmarks are achieved; and
WHEREAS, the City of Arlington has complied with the requirements of the State
Environmental Policy Act (SEPA); and
WHEREAS, on October 31, 2011, the Comprehensive Plan amendments were
determined to have no significant environmental impacts; and
WHEREAS, the Planning Commission considered these amendments at the November
15, 2011 meeting and the December 6, 2011 public hearing and recommended that the City
Council adopt the amendments. The City Council considered these amendments at their
November 28, 2011 workshop and December 19, 2011 public hearing and determined approving
ORDINANCE NO. _____ 2
the amendments was in the best interest of the City and its citizens; and
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Comprehensive Plan Chapter 3: Goals and Policies, shall be
amended to add the following policies under the Industrial Land Use section as part of
the Land Use Goals & Policies:
PL-12.5 Pursue the designation of the Arlington-Smokey Point Manufacturing
Industrial Center (MIC) in the Snohomish County Countywide Planning
Policies and regional designation by Puget Sound Regional Council
(PSRC).
PL-12.6 Support the development and growth of the Arlington-Smokey Point MIC
by supporting a concentrated manufacturing and industrial base and by
planning for future growth and infrastructure improvements.
PL-12.7 Develop appropriate zoning, design review and landscaping regulations so
that manufacturing uses within the MIC are buffered from the impacts to
residential uses.
PL-12.8 Ensure at least a minimum of 80% of the property within the MIC is
planned and zoned for industrial and manufacturing uses. Compatible non-
industrial uses shall be conditioned to mitigate for potential conflicts with
current and future industrial uses.
Section 2. Arlington Comprehensive Plan Chapter 3: Goals and Policies, shall be
amended to delete the following policy under the Airport/Industrial Area section as part
of the Land Use Goals and Policies:
PE-5.18 Seek a PSRC designation of Manufacturing/Industrial Center, perhaps
jointly with the City of Marysville, which is planning for additional
industrial/business park land use designations for the area of its UGA that
abuts our industrial area. Such a designation would open up additional
funding opportunities for infrastructure.
Section 3. Arlington Comprehensive Plan Chapter 3: Goals and Policies, shall be
amended to add a new section titled Manufacturing/Industrial Center (MIC) and shall
contain the following goal and policies under said section as part of the Economic
Development Goals an Policies:
GE-8 Seek regional PSRC designation of the 'Arlington-Smokey Point
Manufacturing/Industrial Center (MIC), jointly with the City of
Marysville, which is planning for additional manufacturing and industrial
ORDINANCE NO. _____ 3
land uses south of the City of Arlington that abuts our industrial area. Such
a designation would open up additional funding opportunities for
infrastructure.
PE-8.1 Provide adequate infrastructure, support existing facilities and services
and protect the MIC area against incompatible uses in order to maintain
and attract new manufacturing and industrial businesses and will help
Arlington continue to be a place to live, work and play.
PE-8.2 Develop policies and regulations that are coordinated with economic
development strategies to encourage growth and sustain manufacturing
and industrial businesses in Arlington.
PE-8.3 The City should make every effort to provide up-front economic
information, site development data, and streamline permit processing in
order to assist existing and help develop new manufacturing and industrial
businesses in the MIC.
Section 4. Arlington Comprehensive Plan Chapter 3: Goals and Policies shall be
amended to add the following policies under the Manufacturing/Industrial Center (MIC)
section as part of the Transportation Goals & Policies:
PT-14.1 Identify and implement short-term and long-range infrastructure
improvements that supports existing and helps stimulate the development
of new manufacturing and industrial uses in the
MIC.
PT-14.2 Work collaboratively with the City of Marysville to develop a seamless
and compatible road network in order to efficiently move goods and
services within and outside the MIC.
PT-14.3 Develop a street design that incorporates low-impact development
standards which reduces surfacewater and enhances aesthetics of the area.
PT-14.4 Implement a non-motorized network throughout the area that allows
pedestrian and cyclists to access adjoining businesses and neighborhoods.
PT-14.5 Require landscaping along roadways and between properties that are
adjacent to neighborhoods to reduce noise and visual impacts.
PT-14.6 Achieve regional MIC designation with PSRC to allow access to state and
federal transportation infrastructure funding.
ORDINANCE NO. _____ 4
PT-14.7 Ensure that future roadway development allows for the movement of large
trucks. Identify and address areas that are deficient in design or hinders
circulation and access.
PT-14.8 Encourage existing and new businesses to utilize the BNSF railroad spur
as useful resource to move goods and services within and outside the MIC.
PT-14.9 Design both motorized and non-motorized facilities in a manner that
allows for the safe and efficient movement of freight and people, while
minimizing conflicts with railroad crossings.
Section 5. Arlington Comprehensive Plan Chapter 7: Land Use Element shall be
amended to add the following:
7.5.5 Manufacturing/Industrial Center Designation. The Arlington-Smokey Point
Manufacturing/ Industrial Center (MIC) is a locally-designated area with which
includes all industrially-zoned land, the Arlington Municipal Airport, Airport
Business Park, and some limited areas of commercial along 172nd St. NE (SR
531). The boundaries of this area are shown in Figure 2-21 of the Comprehensive
Plan.
The area encompasses approximately 2,291 acres, most of which is either zoned
General Industrial or Aviation Flightline. The designation of this area as a MIC
supports concentrated uses for high intensity light and heavy manufacturing,
while limiting large areas of retail and residential. MIC‘s are intended to
accommodate a significant amount of regional employment and should be
protected from incompatible uses. By locally designating the area as a MIC, the
City will have access to Infrastructure Coordinating Committee (ICC) funding,
which provides planning, funding and implementation of infrastructure and
transportation systems.
A joint-MIC, including industrial areas within the cities of Arlington and
Marysville, may be considered in the future for County and regional designation
once specific criteria established by Puget Sound Regional Council (PSRC) are
met.
Section 6. Arlington Comprehensive Plan Chapter 2: Figures and Maps shall be
amended to add Figure 2-21: Arlington-Smokey Point Manufacturing
Industrial Center (MIC), as shown on Attachment “1”.
Section 7. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of the ordinance as a whole or any section, provision or part thereof not adjudged invalid
or unconstitutional.
ORDINANCE NO. _____ 5
Section 8. Effective Date. A summary of this Ordinance consisting of its title shall
be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this day of
________________, 2011.
CITY OF ARLINGTON
____________________________
Margaret Larson, Mayor
ATTEST:
_________________________
Kristin Banfield, City Clerk
APPROVED TO AS FORM:
__________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
PUBLIC HEARING #2
ATTACHMENT H
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Amending the 2011 budget
DEPARTMENT OF ORIGIN:
Contact:
Allen Johnson, Executive, 403-3443
Jim Chase, Finance, 403-3422
ATTACHMENTS:
1. Ordinance amending 2011 budget
2. Attachment – Exhibit A
3. Amendment Descriptions
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Breakdown attached
LEGAL REVIEW: Ordinance has been reviewed by City Attorney
DESCRIPTION:
Each year budget adjustments are proposed to reflect expenditures that were unforeseen and changes
that have occurred since the original budget was adopted. This is a housekeeping item in that revenues
have been received and expenditures have been approved throughout the year. This is the final budget
piece for 2011.
HISTORY: The major portion of the proposed amendments include the final remodel/construction
costs to Fire St. 46, adding Accounting and administrative services costs to the Sewer Fund that was
erroneously omitted in the original ordinance, increased fuel costs and repairs in the Equipment Rental
Maintenance & Operations Fund, transfers for capital projects and the closing of several funds and the
related transferring those fund balances. The remaining amounts of the amendment provide for variety
of items and are all listed in detail on the attachment to this document.
ALTERNATIVES
If the amendment s are not done by the end of the year, the related funds will exceed spending authority
and we will be out of compliance with state law.
RECOMMENDED MOTION:
I move to adopt the proposed ordinance amending the 2011 budget for the City of Arlington.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
UNFINISHED BUSINESS #1
ATTACHMENT I
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
A Resolution providing for the submission
to the qualified electors of the city at the
February 14, 2012 special election of a
proposition authorizing an additional sales
and use tax at the rate of 0.1 percent
pursuant to RCW 82.14.450 to be used
exclusively for police and fire protection
purposes; providing a form of the ballot
proposition; entering legislative findings;
and providing direction to staff.
DEPARTMENT OF ORIGIN:
Executive
Contact: Allen Johnson, 360-403-3441
ATTACHMENTS:
- Resolution for a ballot proposition for 0.1% sales tax increase to fund police and fire
protection services
- RCW 82.14.450 authorizing cities to ask for the 0.1% sales tax increase
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete
DESCRIPTION:
Council is requested to adopt the attached resolution to send a ballot proposition to the City’s
voters to institute a 0.1% sales tax increase to fund police and fire protection services.
If adopted by the voters in the February election, the 0.1% sales tax increase would be collected
by merchants starting in July 2012. The City would begin to see those collections in late
September 2012.
ALTERNATIVES:
RECOMMENDED MOTION:
I move to approve the proposed resolution providing for the submission to the voters of the city
at the February 14, 2012 special election of a proposition authorizing an additional sales and use
tax at the rate of 0.1 percent pursuant to RCW 82.14.450 to be used exclusively for police and fire
protection purposes; providing a form of the ballot proposition; entering legislative findings; and
providing direction to staff.
RESOLUTION NO. 2011-xxx
RESOLUTION NO. 2011-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY AT THE FEBRUARY 14, 2012 SPECIAL
ELECTION OF A PROPOSITION AUTHORIZING AN ADDITIONAL SALES
AND USE TAX AT THE RATE OF 0.1 PERCENT PURSUANT TO RCW
82.14.450 TO BE USED EXCLUSIVELY FOR POLICE AND FIRE
PROTECTION PURPOSES; PROVIDING A FORM OF THE BALLOT
PROPOSITION; ENTERING LEGISLATIVE FINDINGS; AND PROVIDING
DIRECTION TO STAFF.
WHEREAS, ensuring the protection and safety of the Arlington community is a
fundamental priority of the City of Arlington; and
WHEREAS, the recent economic downtown has significantly reduced the financial
resources available to the City, including the resources available for police and fire protection
activities; and
WHEREAS, the Washington Legislature has recently amended RCW 82.14.450 to
authorize cities to submit a proposition to local voters approving a sales and use tax increase, the
revenues from which may be utilized for police and fire protection purposes; and
WHEREAS, in accordance with RCW 82.14.450, the City Council desires to submit a
proposition to local voters authorizing an additional sales and use tax at the rate of 0.1 percent of
the selling price and 0.1 percent of the value of the article used, respectively, the revenues from
which will be used by the City exclusively for police and fire protection purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Findings. The above recitals are hereby adopted as legislative findings by the
City Council. The City Council further finds that the best interests and general welfare of the
City of Arlington would be served by imposing a 0.1 percent increase in the local sales and use
tax rate and utilizing the revenues collected from said tax for police and fire protection purposes.
Section 2. Election. The Snohomish County Auditor, as ex officio supervisor of elections,
is hereby requested to submit to the qualified electors of the City of Arlington the proposition set
forth in Section 3 of this resolution at the February 14, 2012 election to be held within the City.
Section 3. Ballot Proposition. The City Clerk is hereby authorized and directed, no later
than December 30, 2011, to certify the following proposition to the Snohomish County Auditor
in substantially the following form:
RESOLUTION NO. 2011-xxx
CITY OF ARLINGTON
PROPOSITION NO. ____
SALES AND USE TAX INCREASE FOR
POLICE AND FIRE PROTECTION PURPOSES
The City Council of the City of Arlington has adopted Resolution
No. 2011-xxx concerning a sales and use tax pursuant to RCW
82.14.450. If approved, this proposition would authorize an
additional sales and use tax at the rate of 0.1 percent to be used
exclusively for police and fire protection purposes. Should this
proposition be
APPROVED? ……………….
REJECTED? …………………
Section 4. Changes. The Mayor and City Attorney are authorized to make such minor
adjustments to the wording of such proposition as may be recommended by the Snohomish
County Auditor, provided that the intent of the proposition remains clear and consistent with the
intent of this resolution as approved by the City Council.
Section 5. Effective Date. This resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Arlington this _____ day of
__________________, 2011.
CITY OF ARLINGTON
___________________________
Margaret Larson, Mayor
Attest:
_____________________________
Kristin Banfield, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
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RCWs > Title 82 > Chapter 82.14 > Section 82.14.450
82.14.440 << 82.14.450 >> 82.14.455
RCW 82.14.450
Sales and use tax for counties and cities.
(1) A county legislative authority may submit an authorizing proposition to the county voters at a
primary or general election and, if the proposition is approved by a majority of persons voting, impose
a sales and use tax in accordance with the terms of this chapter. The title of each ballot measure must
clearly state the purposes for which the proposed sales and use tax will be used. The rate of tax under
this section may not exceed three-tenths of one percent of the selling price in the case of a sales tax,
or value of the article used, in the case of a use tax.
(2)(a) A city legislative authority may submit an authorizing proposition to the city voters at a
primary or general election and, if the proposition is approved by a majority of persons voting, impose
a sales and use tax in accordance with the terms of this chapter. The title of each ballot measure must
clearly state the purposes for which the proposed sales and use tax will be used. The rate of tax under
this subsection may not exceed one-tenth of one percent of the selling price in the case of a sales tax,
or value of the article used, in the case of a use tax. A city may not begin imposing a tax approved by
the voters under this subsection prior to January 1, 2011.
(b) If a county adopts an ordinance or resolution to submit a ballot proposition to the voters to
impose the sales and use tax under subsection (1) of this section prior to a city within the county
adopting an ordinance or resolution to submit a ballot proposition to the voters to impose the tax under
this subsection, the rate of tax by the city under this subsection may not exceed an amount that would
cause the total county and city tax rate under this section to exceed three-tenths of one percent. This
subsection (2)(b) also applies if the county and city adopt an ordinance or resolution to impose sales
and use taxes under this section on the same date.
(c) If the city adopts an ordinance or resolution to submit a ballot proposition to the voters to
impose the sales and use tax under this subsection prior to the county in which the city is located, the
county must provide a credit against its tax under subsection (1) of this section for the city tax under
this subsection to the extent the total county and city tax rate under this section would exceed three-
tenths of one percent.
(3) The tax authorized in this section is in addition to any other taxes authorized by law and must
be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW
upon the occurrence of any taxable event within the county.
(4) The retail sale or use of motor vehicles, and the lease of motor vehicles for up to the first
thirty-six months of the lease, are exempt from tax imposed under this section.
(5) One-third of all money received under this section must be used solely for criminal justice
purposes, fire protection purposes, or both. For the purposes of this subsection, "criminal justice
purposes" has the same meaning as provided in RCW 82.14.340.
(6) Money received by a county under subsection (1) of this section must be shared between the
county and the cities as follows: Sixty percent must be retained by the county and forty percent must
be distributed on a per capita basis to cities in the county.
(7) Tax proceeds received by a city imposing a tax under this section must be shared between the
county and city as follows: Fifteen percent must be distributed to the county and eighty-five percent is
retained by the city.
[2010 c 127 § 1; 2009 c 551 § 1; 2007 c 380 § 1; 2003 1st sp.s. c 24 § 2.]
Notes:
Legislature Home | Senate | House of Representatives | Contact Us | Search | Help
RCW 82.14.450: Sales and use tax for counties and cities.http://apps.leg.wa.gov/rcw/default.aspx?cite=82.14.450
1 of 2 12/14/2011 3:12 PM
Finding -- Intent -- 2003 1st sp.s. c 24: "The legislature finds that local governments in
the state of Washington face enormous challenges in the area of criminal justice and public
health. It is the legislature's intent to allow general local governments to raise revenues in
order to better protect the health and safety of Washington state and its residents. It is
further the intent of the legislature to provide such local governments relief from regulatory
burdens that do not harm the public health and safety of the citizens of the state as a
means of minimizing the need to generate new revenues authorized under this act." [2003
1st sp.s. c 24 § 1.]
Effective date -- 2003 1st sp.s. c 24: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect July 1, 2003." [2003 1st sp.s. c 24 § 6.]
Severability -- 2003 1st sp.s. c 24: "If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected." [2003 1st sp.s. c 24 § 7.]
RCW 82.14.450: Sales and use tax for counties and cities.http://apps.leg.wa.gov/rcw/default.aspx?cite=82.14.450
2 of 2 12/14/2011 3:12 PM
City of Arlington
Council Agenda Bill
AGENDA ITEM:
UNFINISHED BUSINESS #2
ATTACHMENT J
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Ordinance amending AMC 3.16 regarding
utility tax rates and adopting a sunset
clause
DEPARTMENT OF ORIGIN:
Executive
Contact: Allen Johnson, 360-403-3441
ATTACHMENTS:
- Utility Tax Ordinance
- AMC 3.16 in strikeout format
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete
DESCRIPTION:
The attached ordinance adopts amendments to AMC 3.16 regarding utility tax rates. In order to
balance the 2012 budget and prevent the further degradation of City services, the Mayor and
City staff are proposing increasing the following utility taxes:
Electricity from 5% to 6%
Cable Television from 5% to 8%
Garbage from 5% to 8%
The ordinance also contains a sunset clause for the rates to expire as of 12/31/2014 unless
otherwise amended, extended, or repealed by the City Council.
ALTERNATIVES:
RECOMMENDED MOTION:
I move to adopt the proposed ordinance amending Arlington Municipal Code Chapter 3.16
regarding utility tax rates and adopting a sunset clause.
ORDINANCE NO. 2011-XXX
ORDINANCE NO. 2011-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE ARLINGTON MUNICIPAL CODE CHAPTER 3.16
TO INCREASE THE RATE OF UTILITY TAXES FOR ELECTRICAL,
COAXIAL TELEVISION CABLE TELEVISION, AND GARBAGE
SERVICES AND ADOPTING A SUNSET CLAUSE
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
tax certain activities occurring within the City; and
WHEREAS, the City levies utility taxes upon providers of electrical, coaxial
cable television, and garbage services to the public; and
WHEREAS, the City Council believes it is in the best interest of its citizens to
increase the electrical, coaxial television cable, and garbage services utility taxes for the
purpose of ensuring the ability to continuing a reasonable level of services to the public;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain
as follows:
Section 1. Arlington Municipal Code section 3.16.040(1) shall be amended to
read as follows:
3.16.040 Business activities subject to tax – Amounts.
There shall be levied upon and shall be collected from all persons engaging in the
following utility business activities a utility gross receipts tax or license fee
measured by multiplying the rate specified times the gross income as follows:
(1) Upon every person engaged within the city in the business of selling or
supplying domestic water, sewer service, or stormwater service, a fee or
tax equal to five percent of the total gross income;
Section 2. Arlington Municipal Code section 3.16.040(2) shall be amended to
read as follows:
(2) Upon every person engaged within the city in or carrying on a coaxial
cable television business, a fee or tax equal to eight percent of the total gross
income from such business in the city during the current calendar year from
which the license is required;
ORDINANCE NO. 2011-XXX
Section 3. Arlington Municipal Code section 3.16.040(5) shall be amended to
read as follows:
(5) Upon every public utility district engaged in or carrying on the sale of
electricity within the city limits, a fee or tax equal to six percent of the total gross
revenue from such business in the city, except for revenues derived from the sale
of electricity for the purpose of resale;
Section 4. A new section Arlington Municipal Code section 3.16.040(6) shall
be added to read as follows:
(6) Upon every person engaged within the city in the business of collecting of
garbage and/or other wastes, a fee or tax equal to eight percent of the total gross
income.
Section 5. Severability. If any provision, section, or part of this ordinance shall
be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not adjudged
invalid or unconstitutional.
Section 6. Sunset Clause. This ordinance will automatically expire and sunset on
December 31, 2014 unless sooner extended, repealed, or amended by action of the
Arlington City Council.
Section 7. Effective Date. Section 3 of this ordinance shall be effective sixty-
one days from its adoption and publication as required by RCW 35.21.865. All other
sections of this ordinance shall be effective five days after adoption and publication.
PASSED BY the City Council and APPROVED by the Mayor this ________ day
of December, 2011.
CITY OF ARLINGTON
____________
Margaret Larson, Mayor
Attest:
______
Kristin Banfield, City Clerk
ORDINANCE NO. 2011-XXX
Approved as to form:
___________
Steven J. Peiffle, City Attorney
CURRENT CITY CODE
Arlington, Washington, Code of Ordinances >> Title 3 - REVENUE AND FINANCE >> Chapter
3.16.040 - OCCUPATION TAXES >>
Chapter 3.16 - OCCUPATION TAXES
3.16.040 - Business activities subject to tax—Amounts.
There is levied upon and shall be collected from all persons engaging in the following utility
business activities a utility gross receipts tax or license fee measured by multiplying the rate specified
times the gross income as follows:
(1)
Upon every person engaged within the city in the business of selling or supplying
domestic water, sewer service or collecting or disposing of garbage and/or sewage
or other wastes, a fee or tax equal to five percent of the total gross income;
(2)
Upon every person engaged within the city in or carrying on a coaxial television
cable distribution business, a fee or tax equal to six percent of the total gross
income from such business in the city during the current calendar year from which
the license is required;
(3)
Upon any telephone business there shall be levied a tax equal to six percent of the
total gross operating revenues, including revenues from intrastate toll, derived from
the operation of such business within the city;
(4)
Upon every person engaged within the city in or carrying on the sale, delivery,
distribution or furnishing of natural gas for domestic, business or industrial
consumption, a fee or tax equal to six percent of the total gross revenue from such
business in the city;
(5)
Upon every public utility district engaged in or carrying on the sale of electricity
within the city limits, a fee or tax equal to five percent of the total gross revenue from
such business in the city, except for revenues derived from the sale of electricity for
the purpose of resale.
PROPOSED CITY CODE
Arlington, Washington, Code of Ordinances >> Title 3 - REVENUE AND FINANCE >> Chapter
3.16.040 - OCCUPATION TAXES >>
Chapter 3.16 - OCCUPATION TAXES
3.16.040 - Business activities subject to tax—Amounts.
There is levied upon and shall be collected from all persons engaging in the following utility
business activities a utility gross receipts tax or license fee measured by multiplying the rate specified
times the gross income as follows:
(1)
Upon every person engaged within the city in the business of selling or supplying
domestic water, sewer service, or stormwater servicecollecting or disposing of
garbage and/or sewage or other wastes, a fee or tax equal to five percent of the
total gross income;
(2)
Upon every person engaged within the city in or carrying on a coaxial television
cable distribution business, a fee or tax equal to six eight percent of the total gross
income from such business in the city during the current calendar year from which
the license is required;
(3)
Upon any telephone business there shall be levied a tax equal to six percent of the
total gross operating revenues, including revenues from intrastate toll, derived from
the operation of such business within the city;
(4)
Upon every person engaged within the city in or carrying on the sale, delivery,
distribution or furnishing of natural gas for domestic, business or industrial
consumption, a fee or tax equal to six percent of the total gross revenue from such
business in the city;
(5)
Upon every public utility district engaged in or carrying on the sale of electricity
within the city limits, a fee or tax equal to five six percent of the total gross revenue
from such business in the city, except for revenues derived from the sale of
electricity for the purpose of resale.
(6)
Upon every person engaged within the city in the business of collecting or disposing
of garbage and/or other wastes, a fee or tax equal to eight percent of the total gross
income;
City of Arlington
Council Agenda Bill
AGENDA ITEM:
UNFINISHED BUSINESS #3
ATTACHMENT K
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Ordinance Adopting the 2012 Budget
DEPARTMENT OF ORIGIN:
Executive
Contact: Allen Johnson, 360-403-3441
ATTACHMENTS:
- Ordinance adopting the 2012 Budget
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete
DESCRIPTION:
Council is requested to adopt the ordinance setting the 2012 budget for the City of Arlington.
The budget includes all revenue adjustments and concessions made by all parties as outlined in
the December 5, 2011 Public Hearing presentation.
ALTERNATIVES:
RECOMMENDED MOTION:
I move to adopt the proposed ordinance adopting the 2012 Budget for the City of Arlington.
ORDINANCE NO. 2011-000
AN ORDINANCE ADOPTING THE CITY OF ARLINGTON BUDGET FOR THE YEAR 2012.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council of the City of Arlington has approved
the annual budget for the year 2012; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO ORDAIN AS FOLLOWS:
Section One.The following expenditures budget containing the totals set forth for each fund for the year 2012
is hereby adopted.
BEGINNING ENDING
FUND FUND
FUND BALANCES REVENUES EXPENDITURES BALANCES
GENERAL FUND -$ 12,999,825$ 12,861,547$ 138,278$
STREETS MAINTENANCE FUND 1,000 983,200 983,285 915
PROGRAM DEVELOPMENT FUND 10,000 100 0 10,100
GROWTH FUND 3,400,000 340,000 1,023,000 2,717,000
EMERGENCY MEDICAL SERVICES FUND 218,000 2,408,720 2,625,950 770
STREAM CORRIDOR RESTORATION FUND 20,000 250 17,000 3,250
LODGING TAX FUND 25,000 76,000 77,700 23,300
CEMETERY IMPROVEMENT FUND 15,000 193,675 200,925 7,750
LID #21 5,000 62,100 65,000 2,100
REET 1 FUND 10,000 126,100 102,700 33,400
REET 2 FUND 1,000 316,100 312,225 4,875
CAPITAL FACILITIES/BUILDING FUND 1,000 35,800 34,000 2,800
TRANSPORTATION IMPROVEMENT FUND 100,000 7,283,100 7,073,300 309,800
PARK IMPROVEMENT 100,000 55,600 152,000 3,600
CEMETERY CAPITAL IMPROVEMENTS FUND 0 10,100 0 10,100
WATER / SEWER FUND 1,850,000 8,631,500 9,097,821 1,383,679
AIRPORT FUND 5,000 2,982,955 2,947,404 40,551
WATER IMPROVEMENT FUND 2,675,000 861,000 1,943,050 1,592,950
SEWER IMPROVEMENT FUND 2,250,000 288,000 628,025 1,909,975
PUBLIC WORKS-UTILITIES ADMINISTRATION FUND 53,000 589,616 568,540 74,076
WWTP IMPROVEMENT 250,000 1,000 105,000 146,000
SURFACE WATER CIP FUND 110,000 182,250 167,000 125,250
AIRPORT RESERVE FUND 1,019,323 10,000 1,019,323 10,000
STORMWATER MANAGEMENT FUND 85,000 651,025 726,705 9,320
AIRPORT CIP 233,000 24,500 0 257,500
EQUIPMENT RENTAL MAINT & OPERATIONS FUND 10,000 425,710 429,400 6,310
EQUIP RENTAL DEPREC (REPLACEMENT) FUND 220,000 424,760 47,000 597,760
PUB WORKS MAINTENANCE & OPERATIONS FUND 130,000 949,100 1,061,150 17,950
CEMETERY ENDOWMENT FUND 190,000 8,000 2,500 195,500
CEMETERY PRE-NEED TRUST FUND 15,000 10,150 10,100 15,050
GRAND TOTAL ALL FUNDS 13,001,323$ 40,930,236$ 44,281,650$ 9,649,909$
Section Two.This Ordinance shall be in full force and effect on January 1, 2012.
PASSED by the City Council of the City of Arlington on this 5th day of December, 2011.
ATTEST:
Margaret Larson, Mayor
Kristin Banfield, City Clerk
Steve Peiffle, City Attorney
1
City of Arlington
Council Agenda Bill
AGENDA ITEM:
UNFINISHED BUSINESS #4
ATTACHMENT L
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Sub-lease Agreement with the Arlington Food
Bank
DEPARTMENT OF ORIGIN:
Executive/ Paul Ellis 4603
ATTACHMENTS:
Sublease agreement with the Arlington Food Bank, with Airport General Lease Conditions
attached
Map of property
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review has been completed
DESCRIPTION:
The new Food Bank facility is being proposed for construction at the site of the old animal
shelter. This site is leased to the City by the Airport with only a portion of the property being
used for the Police Impound facility. The concept is to continue holding the primary lease on
the property to maintain the use of the Police impound facility and sub-lease a portion of the
property to the Arlington Food Bank as the site for their new facility. The proposed sub-lease
with the Arlington Food Bank would be for 25 years.
The Police Impound function would remain on site and the Food Bank would be constructed in
an open unused area. The Food Bank would be responsible for all site improvements and
construction of the new facility.
HISTORY:
The Food Bank is in need of a new facility. They are currently housed in an old house on W.
Cox St. adjacent to Haller Park. The facility is too small to meet the growing needs of the Food
Bank and is in danger of flooding during the flood season. In 2010, the Food Bank applied for
CDBG funding to construct a new facility. They received $255,000 and have been planning a
new facility while working on a community capital campaign to rise additional funding.
ALTERNATIVES:
RECOMMENDED ACTION:
I move to authorize the Mayor to sign a Sublease agreement with the Arlington Food Bank for
shared use of Lot 107.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #1
ATTACHMENT M
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Professional Services Agreement with
Snohomish County Child Advocacy Center
d/b/a Dawson Place
DEPARTMENT OF ORIGIN:
Police – Nelson Beazley
ATTACHMENTS:
-Proposed Resolution
EXPENDITURES REQUESTED: $3,524.20
BUDGET CATEGORY: N/A
LEGAL REVIEW: Reviewed by City Attorney
DESCRIPTION:
A contractual agreement between the City of Arlington and the Snohomish County Child
Advocacy Center d/b/a Dawson Place for professional Child Interview Specialist services.
HISTORY:
Dawson Place Child Advocacy Center is a multi disciplinary center that provides a coordinated
network of intervention and education services for the treatment of child physical and sexual
abuse. The center provides a coordinated approach to the investigation, prosecution, and
treatment of child physical and sexual abuse in a child-centered environment. One component
of this multi disciplinary process is the utilization of a professional Child Interview Specialist to
facilitate investigations of child abuse and other crimes wherein children are victims or
witnesses. This service has previously been funded by Snohomish County and the City of
Everett but due to budgetary constraints these services now require financial support of all end
users on a proportional basis.
ALTERNATIVES:
-Bring back for additional discussion at a later date
RECOMMENDED MOTION:
I move to authorize the Mayor to sign a professional services agreement for Child Interview
Specialist services with Dawson Place.
1
PROFESSIONAL SERVICES AGREEMENT FOR CHILD INTERVIEW SPECIALIST
SERVICES
This Professional Services Agreement For Child Interview Specialist Services (this
“Agreement”) is made and entered into as of this _______ day of _________________, 2011,
by and among Snohomish County Child Advocacy Center d/b/a Dawson Place, a duly registered
Washington non-profit corporation (“DAWSON PLACE”) and Snohomish County, a political
subdivision of the State of Washington, the City of Arlington, a municipal corporation of the
State of Washington, the City of Bothell, a municipal corporation of the State of Washington, the
City of Lake Stevens, a municipal corporation of the State of Washington, the City of Lynnwood,
a municipal corporation of the State of Washington, the City of Marysville, a municipal
corporation of the State of Washington, the City of Granite Falls, a municipal corporation of the
State of Washington, the City of Edmonds, a municipal corporation of the State of Washington,
the City of Mill Creek, a municipal corporation of the State of Washington, the City of Everett, a
municipal corporation of the State of Washington, the City of Mukilteo, a municipal corporation
of the State of Washington, the City of Snohomish, a municipal corporation of the State of
Washington, the City of Brier, a municipal corporation of the State of Washington, and the
Stillaguamish Tribe of Indians (all such county, municipal and tribal entities collectively, the
“PARTICIPATING JURISDICTIONS”).
WITNESSETH:
WHEREAS, it is in the best interest of the PARTICIPATING JURISDICTIONS to
utilize professional Child Interview Specialist (hereinafter referred to as “CIS”) services to
facilitate investigations of child abuse and other crimes wherein children are victims or
witnesses; and
WHEREAS, DAWSON PLACE has agreed to provide trained professional CIS Services
to the PARTICIPATING JURISDICTIONS for investigations;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1.0 TERM
The term of this Agreement (the “Term”) shall commence on January 1, 2012 (the
“Commencement Date”), and shall expire on December 31, 2014 (the “Expiration
Date”); PROVIDED, however, that Snohomish County’s obligations are contingent upon
local legislative appropriation of the necessary funds for this specific purpose in
accordance with the Snohomish County Charter and applicable law.
2
2.0 SERVICES TO BE PERFORMED
2.1 DAWSON PLACE shall provide CIS services to the PARTICIPATING
JURISDICTIONS on an as needed basis during the term of this Agreement. All
cases of PARTICIPATING JURISDICTIONS will be given equal priority.
2.2 “CIS Services” include the following:
2.2.1 Interview child victims of sexual assault and physical abuse as requested.
2.2.2 Document interviews; maintain detailed records of all interviews and
statistics.
2.2.3 Assist detectives on assigned cases working with victim’s family.
2.2.4 Assist investigators in interviewing victims and witnesses of other crimes
involving children as requested; conduct courtesy interviews for police
agencies in other states; work with interpreters to gather information from
disabled children; interview children and adults who are developmentally
delayed and/or physically disabled as requested.
2.2.5 Testify in court as requested; provide agencies with a DVD of the
interviews; provide assistance to the Prosecuting Attorney’s Office, as
requested for child interview DVD transcriptions.
2.2.6 Provide training to public and to detectives on child sex abuse issues.
2.2.7 Network with community agencies to maintain compatible working
relationships.
2.3 DAWSON PLACE shall provide a quarterly report to the PARTICIPATING
JURISDICTIONS that summarizes CIS Services performed on the
PARTICIPATING JURISDICTIONS’ behalf during the previous quarter.
3.0 DAWSON PLACE OBLIGATIONS
3.1 DAWSON PLACE shall provide a CIS to the PARTICIPATING
JURISDICTIONS.
3.2 DAWSON PLACE shall be responsible for coordinating daily operations related
to the provision of CIS Services pursuant to this Agreement.
3.3 CIS interviews will be conducted at DAWSON PLACE, located at 1509
California Street, Everett, WA 98201, unless another location is agreed to by the
PARTICIPATING JURISDICTIONS and DAWSON PLACE.
3
3.4 DAWSON PLACE shall ensure that any professional providing CIS Services
pursuant to this Agreement has completed all required training.
3.5 DAWSON PLACE shall provide all equipment and training necessary to support
the CIS Services, consistent with recognized and recommended practices within
the field. Nothing in this section shall restrict the ability of the parties to mutually
agree to changes in equipment or training necessary to maintain best practices, or
to informally agree to share equipment or training costs in unforeseen
circumstances.
3.6 All products of interviews conducted under this Agreement, which includes
original recordings (audio and video), reports and statements, will be promptly
provided to and remain under the control of the PARTICIPATING
JURISDICTION that requested the interview.
3.7 DAWSON PLACE agrees that any professional who is providing CIS services
pursuant to this Agreement shall not be considered for any purpose to be an
employee or agent of any PARTICIPATING JURISDICTION.
3.8 SICK LEAVE TEMPORARY REPLACEMENT. If CIS Services are not
available due to illness or injury for longer than ten (10) days, DAWSON PLACE
shall make arrangements for temporary replacement CIS Services beginning on
the eleventh (11th) work day until such time as regular CIS Services resume.
3.9 DISCIPLINARY TEMPORARY REPLACEMENT. If CIS Services are not
available due to disciplinary action for a period in excess of one (1) work day,
DAWSON PLACE shall make arrangements for replacement CIS Services during
the remaining term of the discipline.
3.10 TEMPORARY REPLACEMENT; UNPLANNED OR ANNUAL LEAVE. If
CIS Services are not available due to annual leave or any unplanned reason for a
period of ten (10) consecutive work days, DAWSON PLACE shall make
arrangements for replacement CIS Services beginning on the eleventh (11th) work
day until such time as regular CIS Services resume.
3.11 TEMPORARY REPLACEMENT; PLANNED ABSENCE. If CIS Services are
not available because of any pre-planned reason other than annual leave (example:
attendance at a long term work-related training), for a period in excess of ten (10)
consecutive work days, DAWSON PLACE shall make arrangements for
replacement CIS Services beginning on the first day of the planned absence.
4.0 PARTICIPATING JURISDICTION OBLIGATIONS
4.1 After the items referenced in Section 3.6 above are provided to a
PARTICIPATING JURISDICTION, it shall be the sole responsibility of that
4
PARTICIPATING JURISDICTION to properly secure, maintain, distribute,
transcribe or dispose of said items. DAWSON PLACE may maintain a working
copy of all CIS recordings, reports and/or documents. Each PARTICIPATING
JURISDICTION acknowledges that transcriptions of audio/video CIS interviews
are frequently required by the Prosecuting Attorney, the Defense or the Court, and
each PARTICIPATING JURISDICTION agrees to complete any required
transcribing of CIS interviews conducted under this Agreement.
4.2 A PARTICIPATING JURISDICTION shall attend and observe CIS interviews
that the PARTICIPATING JURISDICTION requests, and shall control, maintain
and retain the original DVD recording of such CIS interviews for evidentiary
purposes, and shall be solely liable for third party arrest, prosecution and
evidentiary issues, such as admissibility arising from or as a result of the interview
contents of the DVD. The PARTICIPATING JURISDICTION shall indemnify
and hold harmless DAWSON PLACE for such liability.
4.3 The PARTICIPATING JURISDICTIONS will coordinate scheduling interviews
conducted under this Agreement with DAWSON PLACE.
4.4 In consideration of DAWSON PLACE providing the CIS Services as set forth in
Section 2.0 and 3.0 herein, the PARTICIPATING JURISDICTIONS will pay
DAWSON PLACE as set forth in Section 6.0.
5.0 INTENTIONALLY OMITTED
6.0 COMPENSATION, INVOICING AND PAYMENT
6.1 The PARTICIPATING JURISDICTIONS agree to pay the following amounts to
DAWSON PLACE for providing CIS services set forth in this Agreement:
6.1.1 In consideration for the CIS Services provided by DAWSON
PLACE from January 1, 2012 to December 31, 2012, the
PARTICIPATING JURISDICTIONS shall, upon receipt of invoices in
accordance with this Section 6, collectively pay to DAWSON PLACE a
total amount of eighty three thousand seven hundred seventy three dollars
($83,773.00).
6.1.2 In consideration for the CIS Services provided by DAWSON
PLACE from January 1, 2013 to December 31, 2013, the
PARTICIPATING JURISDICTIONS shall, upon receipt of invoices in
accordance with this Section 6, collectively pay to DAWSON PLACE a
total amount to be determined at a later date, but which will equal the total
amount due for 2012 plus an increase in that amount equal to 100% of the
June to June Seattle, Tacoma, Bremerton CPI-W published in June 2012,
but not to exceed 3%.
5
6.1.3 In consideration for the CIS Services provided by DAWSON
PLACE from January 1, 2014 to December 31, 2014, the
PARTICIPATING JURISDICTIONS shall, upon receipt of invoices in
accordance with this Section 6, collectively pay to DAWSON PLACE a
total amount to be determined at a later date, but which will equal the total
amount due for 2013 plus an increase in that amount equal to 100% of the
June to June Seattle, Tacoma, Bremerton CPI-W published in June 2013,
but not to exceed 3%.
6.2 Each PARTICIPATING JURISDICTION’S portion of the amount due to
DAWSON PLACE will be calculated and paid as follows:
6.2.1 Payments due for 2012 are set forth in Exhibit B to the Interlocal
Agreement Establishing Cooperative Financial Support for Dawson Place
of even date herewith, attached hereto. Each PARTICIPATING
JURISDICTION shall pay 2% of the base salary, plus a portion of the
remaining amount due, calculated based on the number of interviews
performed for each PARTICIPATING JURISDICTION during the
previous year. Payments due for 2013 and 2014 will be calculated at a
later date, and will be based on the provisions of Section 6.1, above, and
the number of interviews performed for each PARTICIPATING
JURISDICTION the previous year. While the payments due from each
PARTICIPATING JURISDICTION will be calculated based on the
number of interviews performed for them during the previous year, the
payments made are intended to cover the costs of the work performed
during the current year. It is anticipated that Exhibit B will be updated
when the 2013 and 2014 costs are calculated, and may also be updated
from time to time if and when the makeup of the PARTICIPATING
JURISDICTIONS changes. Such an update, when made in accordance
with this Section 6.1, is a clerical update to Exhibit B and is not an
amendment to this Agreement.
6.2.2 In order to receive payment under this Section 6, DAWSON PLACE shall
submit an invoice to each PARTICIPATING JURISDICTION each
quarter, which invoice shall contain that PARTICIPATING
JURISDICTION’S portion of the amount due to DAWSON PLACE for
the CIS Services provided under this Agreement, as set forth in Exhibit B.
Each PARTICIPATING JURISDICTION shall pay its invoice in full,
within thirty (30) days after the PARTICIPATING JURISDICTION
receives same. Should a PARTICIPATING JURISDICTION object to all
or any portion of any invoice, the PARTICIPATING JURISDICTION
shall notify DAWSON PLACE of its objection in writing within twenty
(20) days after receiving the invoice at issue. Invoices shall be mailed to
the persons specified in Exhibit A to this Agreement.
6
6.3 DAWSON PLACE agrees that payment of the sums listed in Sections 6.1
constitute full compensation for services provided under this Agreement and
Dawson Place may, at its discretion, use such funds for all CIS Service-related
costs incurred. Should a professional who is providing CIS Services pursuant to
this Agreement be required to travel out of Snohomish County for work on a
PARTICIPATING JURISDICTION investigation or to testify in court on behalf
of a case, all travel costs, including conveyance, lodging and per diem, shall be
paid by the requesting PARTICIPATING JURISDICTION. In order to be
eligible for reimbursement, all travel must be pre-approved by that
PARTICIPATING JURISDICTION and reimbursement for travel will not exceed
that PARTICIPATING JURISDICTION’S reimbursement rates.
7.0 DIRECTION AND CONTROL
DAWSON PLACE agrees that DAWSON PLACE will perform the services under this
Agreement as an independent contractor and not as an agent, employee, or servant of the
any PARTICIPATING JURISDICTION. The parties agree that DAWSON PLACE is
not entitled to any benefits or rights enjoyed by employees of any PARTICIPATING
JURISDICTION. DAWSON PLACE specifically has the right to direct and control
DAWSON PLACE’S own activities in providing the agreed services in accordance with
the specifications set out in this Agreement. The PARTICIPATING JURISDICTIONS
shall only have the right to ensure performance. Nothing in this Agreement shall be
construed to render the parties partners or joint venturers.
8.0 REMOVAL/REPLACEMENT OF CIS
Notwithstanding anything to the contrary contained elsewhere in this Agreement, the
PARTICIPATING JURISDICTIONS shall have the right, at any time during the Term, to
demand removal of the professional performing CIS Services under this Agreement. In
order to exercise this right, the PARTICIPATING JURISDICTIONS must deliver to
DAWSON PLACE a written notice, signed by authorized representatives of
PARTICIPATING JURISDICTIONS that have collectively paid at least 50% of amounts
paid to DAWSON PLACE since the effective date of this Agreement, demanding that
DAWSON PLACE remove the professional providing CIS Services under this
Agreement and outlining the basis for such demand (“Demand for Removal”). Within
fifteen (15) days of receiving such Demand for Removal, DAWSON PLACE shall
remove the individual performing CIS Services under this Agreement.
Within fifteen (15) days of removal of the professional providing CIS Services under this
Section, DAWSON PLACE shall make arrangements for replacement CIS Services to be
provided to the PARTICIPATING JURISDICTIONS. If CIS Services are not replaced
within thirty (30) days after the date on which DAWSON PLACE received the Demand
for Removal, then this Agreement shall automatically terminate.
9.0 HOLD HARMLESS
7
Each party to this Agreement shall save, indemnify, defend and hold every other party
and its agents, employees and contractors harmless from and against any and all costs,
liabilities, suits, losses, damages, claims, expenses, penalties or charges, including,
without limitation, reasonable attorneys’ fees and disbursements, that the other parties
may incur or pay out by reason of any accidents, damages or injuries to persons or
property, including claims by third parties or employees against which the parties would
otherwise be immune under Title 51 RCW or other law, arising from the performance of
this Agreement, but only to the extent the same are caused by any negligent or wrongful
act of the indemnifying party.
The provisions of this Section 9.0 shall survive the expiration or earlier termination of
this Agreement.
10.0 WITHDRAWAL
Any PARTICIPATING JURISDICTION may withdraw from participation in this
Agreement effective January 1st for any reason or for no reason by providing written
notice of such withdrawal to all parties no later than November 1st of the preceding
calendar year. Withdrawal shall not affect the rights of the PARTICIPATING
JURISDICTIONS under any other section or paragraph herein.
If after November 1st there are fewer than five (5) PARTICIPATING JURISDICTIONS
that have not given notice of withdrawal, then the PARTICIPATING JURISDICTIONS
that have not given notice of withdrawal shall meet no later than November 15th. At the
meeting, these PARTICIPATING JURISDICTIONS will have another option to
withdraw from the Agreement effective January 1st, which may be exercised by giving
notice of withdrawal at the meeting. If by the end of the meeting no PARTICIPATING
JURISDICTION desires to remain in the Agreement, then this Agreement may be
terminated effective January 1st by delivery of written notice to DAWSON PLACE no
later than December 1st.
11.0 INSURANCE REQUIREMENTS
DAWSON PLACE shall obtain and maintain continuously during the Term of this
Agreement the following insurance:
Commercial General Liability Insurance with a minimum limit of $1,000,000 per
occurrence, $2,000,000 general aggregate, and endorsed to include all
PARTICIPATING JURISDICTIONS and their officers, elected officials, agents,
and employees as an additional insured with respect to the work performed for the
PARTICIPATING JURISDICTIONS. Insurance shall be written on ISO
occurrence form CG 00 01 or a substitute form providing equivalent coverage.
Workers’ Compensation Coverage as required by the Industrial Insurance laws of
the State of Washington. DAWSON PLACE’S obligation shall extend to all
personnel performing work on behalf of DAWSON PLACE pursuant to this
8
Agreement and must be obtained before performing any work under this
Agreement. The PARTICIPATING JURISDICTIONS will not be responsible for
payment of workers’ compensation premiums or for any other claim or benefit for
any individuals performing work on behalf of DAWSON PLACE that might arise
under the Washington State Industrial Insurance laws.
Professional Technical Liability insurance appropriate to the CIS’s profession with limits of $1,000,000 per claim and $1,000,000 policy aggregate limit. 12.0 DISPUTES
In the event of a dispute between the parties that cannot be resolved to each party’s
satisfaction, the issue shall be submitted to mediation through the Snohomish County
Dispute Resolution Center. All parties agree to utilize this process prior to the institution
of any legal action to enforce the terms and conditions of this Agreement. The cost of
mediation shall be borne equally by the parties.
13.0 RECORDS
DAWSON PLACE shall maintain adequate records to support billings for services set
forth in this Agreement. Said records shall be maintained for a period of six (6) years
after completion of this Agreement. The PARTICIPATING JURISDICTIONS or their
authorized representatives shall have access, during normal working hours, to any
DAWSON PLACE books, documents, papers or records, which relate to this Agreement.
14.0 CONFIDENTIALITY
DAWSON PLACE shall not disclose, transfer, sell or otherwise release any client
information gained by reason of performance under this Agreement to any person or
entity. DAWSON PLACE may use such information solely for the purposes necessary to
meet the requirements under this Agreement.
15.0 PUBLIC DISCLOSURE LAWS
The parties acknowledge, agree and understand that the county and municipal
PARTICIPATING JURISDICTIONS are public agencies subject to certain disclosure
laws, including, but not limited to Washington’s Public Records Act, chapter 42.56
RCW. Each party understands that records related to this Agreement and DAWSON
PLACE’s performance of Services under this Agreement may be subject to disclosure
pursuant to the Public Records Act or other similar law. In order to comply with
disclosure laws, a PARTICIPATING JURISDICTION may require records generated
pursuant to this Agreement from DAWSON PLACE. DAWSON PLACE covenants that
it shall cooperate with the PARTICIPATING JURISDICTIONS in the event records
generated pursuant to this Agreement are requested. DAWSON PLACE agrees to
provide such records to the PARTICIPATING JURISDICTION in a timely manner and
in a format requested by the PARTICIPATING JURISDICTION, so long as it is
reasonably feasible to provide such records in the format requested.
9
16.0 LEGAL REQUIREMENTS
All parties shall comply with all applicable federal, state and local laws in performing
their duties under this Agreement. 17.0 APPLICABLE LAW AND VENUE
This Agreement shall be construed under the laws of the State of Washington. Venue of
any legal action brought to enforce any of the terms and conditions of this Agreement
shall be Snohomish County, Washington.
18.0 NON-DISCRIMINATION
DAWSON PLACE shall comply with the Snohomish County Human Rights Ordinance,
Chapter 2.460 SCC, which is incorporated herein by this reference. Execution of this
Agreement constitutes a certification by DAWSON PLACE of its compliance with the
requirements of Chapter 2.460 SCC. If DAWSON PLACE is found to have violated this
provision, or furnished false or misleading information in an investigation or proceeding
conducted pursuant to 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 DAWSON PLACE’S obligations under other federal, state, or local laws against
discrimination.
19.0 PREVAILING PARTY ATTORNEY'S FEES
In any legal action brought to enforce any of the terms and conditions of this Agreement,
the prevailing party in said legal action shall be entitled to reasonable attorney's fees and
costs incurred.
20.0 INDEPENDENT CONTRACTOR
DAWSON PLACE agrees that any professional providing CIS Services under this
Agreement shall not be considered for any purpose an agent, employee, or servant of any
PARTICIPATING JURISDICTION. The parties agree that professionals providing CIS
Services under this Agreement are not entitled to any benefits or rights enjoyed by
employees of the PARTICIPATING JURISDICTIONS. DAWSON PLACE specifically
has the right to direct and control the activities of any professional providing the agreed
CIS Services in accordance with the specifications set out in this Agreement. The
PARTICIPATING JURISDICTIONS shall only have the right to ensure performance. 21.0 NOTICE
Any notice to be given to a PARTICIPATING JURISDICTION under this Agreement
shall be either mailed or personally delivered to the Notice Address shown in Exhibit A.
Any notice to DAWSON PLACE shall be mailed or personally delivered to:
Dawson Place Child Advocacy Center
1509 California Street
10
Everett, WA 98201
Any party may, by reasonable written notice to the other parties, designate a different
contact person, or otherwise alter its contact information for the giving of notices. All
notices shall be deemed given on the day each such notice is personally delivered,
transmitted by facsimile (with evidence of receipt), or delivered by overnight courier
service, or on the third business day following the day such notice is mailed if mailed in
accordance with this Section. Exhibit A may be updated from time to time to reflect
current addresses. Such an update, when made in accordance with this Section 21, is a
clerical update to Exhibit A and is not an amendment to this Agreement.
22.0 AMENDMENT
The parties reserve the right to amend this Agreement in the future from time to time as
may be mutually agreed upon. No such amendment shall be effective unless written and
signed with the same formality of this Agreement.
23.0 ENTIRE AGREEMENT
This Agreement constitutes the whole and entire agreement among the parties as to CIS
Services and no other understandings, oral or otherwise, regarding CIS Services shall be
deemed to exist or bind the parties
24.0 SEVERABILITY
If any part of this Agreement is unenforceable for any reason the remainder of the
Agreement shall remain in full force and effect.
25.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERPARTS
This Agreement may be reproduced in any number of original counterparts. Each party
need sign only one counterpart and when the signature pages are all assembled with one
original counterpart, that compilation constitutes a fully executed and effective agreement
among all the PARTICIPATING JURISDICTIONS.
26.0 WARRANTY OF AUTHORITY
Each of the signatories hereto warrants and represents that he or she is competent and
authorized to enter into this Agreement on behalf of the party for whom he or she
purports to sign this Agreement.
IN WITNESS WHEREOF the PARTICIPATING JURISDICTIONS and DAWSON PLACE have executed this Agreement as of the date first above written.
DAWSON PLACE
By:
Mary Wahl, Executive Director
As Approved by Dawson Place Board of
Directors through Resolution
Dated _______________.
SNOHOMISH COUNTY
By:
Aaron Reardon, County Executive
Dated: _____________________
RECOMMENDED FOR APPROVAL
By:
John Lovick, Sheriff
Dated:
APPROVED AS TO FORM:
By:
Deputy Prosecuting Attorney
Dated:
CITY OF EVERETT
By:
Ray Stephanson, Mayor
Dated: _____________________
ATTEST:
By: _____
Sharon Marks, City Clerk
Dated:
APPROVED AS TO FORM:
By:
James D. Iles, City Attorney
Dated:
CITY OF ARLINGTON
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF BOTHELL
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF LAKE STEVENS
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF LYNNWOOD
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF MARYSVILLE
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF GRANITE FALLS
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF EDMONDS
By:
Mike Cooper, Mayor
Dated: _____________________
ATTEST:
By: _____
Sandra S. Chase, City Clerk
Dated:
APPROVED AS TO FORM:
By:
Sharon E. Cates
Office of the City Attorney
Dated:
CITY OF MILL CREEK
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF MUKILTEO
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF SNOHOMISH
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF BRIER
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
STILLAGUAMISH TRIBE OF
INDIANS
By:
Title:_______________________
Dated: _____________________
EXHIBIT A
PARTICIPATING
JURISDICTION
INVOICE ADDRESS NOTICE ADDRESS
Snohomish County Snohomish County Sheriff’s Office
Attn: Jill Iversen
3000 Rockefeller Ave M/S 606
Everett, WA 98201
Snohomish County Sheriff’s Office
Attn: Jeff Miller
3000 Rockefeller Ave M/S 606
Everett, WA 98201
Stillaguamish Police Chief Joe Orford
Stillaguamish Police Department
22714 6th Ave NE
Arlington, WA 98223
Chief Joe Orford
Stillaguamish Police Department
22714 6th Ave NE
Arlington, WA 98223
City of Arlington Debbie Strotz
City of Arlington Finance Dept.
238 N. Olympic
Arlington, WA 98223
Chief Nelson Beazley
City of Arlington Police Department
110 E. Third St.
Arlington, WA 98223
City of Bothell Captain Drew Nielsen
Bothell Police Department
18410 101st Ave NE
Bothell, WA 98011
Captain Drew Nielsen
Bothell Police Department
18410 101st Ave NE
Bothell, WA 98011
City of Lake Stevens Finance Director
City of Lake Stevens
P.O. Box 259
Lake Stevens, WA 98258
Chief of Police
City of Lake Stevens
2211 Grade Road
Lake Stevens, WA 98258
City of Lynnwood Administrative Assistant to Chief of Police
Lynnwood Police Department
P.O. Box 5008
Lynnwood, WA 98046-5008
Deputy Chief Investigations/Services
Lynnwood Police Department
P.O. Box 5008
Lynnwood, WA 98046-5008
City of Marysville Margaret Vanderwalker
Marysville Police Department
1635 Grove Street
Marysville, WA 98270
Commander Ralph Krusey
Marysville Police Department
1635 Grove Street
Marysville, WA 98270
City of Granite Falls Chief Dennis Taylor
Granite Falls Police Department
205 S. Granite Avenue P.O. Box 64
Granite Falls, WA 98252
Chief Dennis Taylor
Granite Falls Police Department
205 S. Granite Avenue P.O. Box 64
Granite Falls, WA 98252
City of Edmonds Marlene Eager
Edmonds Police Department
250 5th Ave. N.
Edmonds, WA 98020
Gerry Gannon, Assistant Chief
Edmonds Police Department
250 5th Ave. N.
Edmonds, WA 98020
City of Mill Creek Jodie Gunderson
City of Mill Creek Finance Department
15728 Main St.
Mill Creek, WA 98012
Det. Sgt. Kate Hamilton
Mill Creek Police Department
15728 Main St.
Mill Creek, WA 98012
City of Everett Tracey Versteeg
Everett Police Department
3002 Wetmore Avenue
Everett, WA 98201
Deputy Chief Mike Campbell
Everett Police Department
3002 Wetmore Avenue
Everett, WA 98201
City of Mukilteo Mukilteo Police Department
10500 47th Pl. W
Mukilteo, WA 98275
Chief Rex Caldwell
Mukilteo Police Department
10500 47th Pl. W
Mukilteo, WA 98275
City of Snohomish Chief John Turner
City of Snohomish PD
230 Maple Avenue
Snohomish, WA 98290
Chief John Turner
City of Snohomish PD
230 Maple Avenue
Snohomish, WA 98290
City of Brier Mickie Halverson
Support Services Supervisor
Brier Police Department
2901 228th St. SW
Brier, WA 98036
Chief Donald E. Lane
Brier Police Department
2901 228th St. SW
Brier, WA 98036
EXHIBIT B
2012 Expenses *
Salary / Benefits $62,273.12
Operating Expenses
Computers $2,000.00
Equipment Maintenance $500.00
Supplies / Training $3,000.00
Office Space $16,000.00
Total $83,773.12
Participating Jurisdiction 2% of Salary Number of
Interviews
Cost
Based
On Use
($253.1933
per
interview)
Total
Arlington Police Department $1,245.46 9 $2,278.74 $3,524.20
Brier Police Department $1,245.46 0 $0.00 $1,245.46
Bothell Police Department $1,245.46 4 $1,012.77 $2,258.24
Edmonds Police Department $1,245.46 10 $2,531.93 $3,777.40
Everett Police Department $1,245.46 53 $13,419.24 $14,664.71
Granite Falls Police Department $1,245.46 2 $506.39 $1,751.85
Lake Stevens Police Department $1,245.46 23 $5,823.45 $7,068.91
Lynnwood Police Department $1,245.46 11 $2,785.13 $4,030.59
Marysville Police Department $1,245.46 38 $9,621.35 $10,866.81
Mill Creek Police Department $1,245.46 12 $3,038.32 $4,283.78
Mukilteo Police Department $1,245.46 2 $506.39 $1,751.85
Snohomish County Sheriff** $1,245.46 91 $23,040.59 $24,286.05
Snohomish Police Department $1,245.46 7 $1,772.35 $3,017.82
Stillaguamish Police Department $1,245.46 0 $0.00 $1,245.46
Total $17,436.47 262 $66,336.64 $83,773.12
* 2013 and 2014 Expenses and amounts due from each Participating Jurisdiction to be determined at a later date.
** The total amount due from the Snohomish County Sheriff's Office includes $8,286.05 for interview services,
plus the $16,000 due for Office Space, listed above.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #2
ATTACHMENT N
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Fifth Amendment to the Interlocal Agreement
for Municipal Court Services between the City
of Marysville and the City of Arlington
DEPARTMENT OF ORIGIN:
Police
Contact: Nelson Beazley
ATTACHMENTS:
- Proposed 5th Amendment to the ILA for Municipal Court Services
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: Criminal Justice
LEGAL REVIEW: City Attorney’s review is complete
DESCRIPTION:
The City of Marysville is requesting an amendment to its interlocal agreement with us for
Court Services. The amendment changes the renewal of the agreement to an automatic renewal
unless a party provides termination notification at least 180 days in advance.
HISTORY:
The City of Arlington has contracted with Marysville for Court Services since 2002. The last
amendment to the Court ILA was executed in January 2011, which amended the court filing
fees.
ALTERNATIVES:
RECOMMENDED MOTION:
I move to approve the proposed Fifth Amendment to the Interlocal Agreement for Municipal
Court Services between the City of Marysville and the City of Arlington.
M-02-033/Arlington agt amend 5 CS renewal 2011
1
FIFTH AMENDMENT TO
INTERLOCAL AGREEMENT FOR
MUNICIPAL COURT SERVICES
BETWEEN THE CITY OF MARYSVILLE
AND THE CITY OF ARLINGTON
PROVIDING FOR
RENEWAL OF THE AGREEMENT
COMMENCING JANUARY 1, 2012;
AUTOMATIC ONE YEAR RENEWAL;
AND REVISING THE NOTICE PERIOD FOR TERMINATION.
THIS AMENDMENT to Interlocal Agreement for Municipal Court Services is made and
entered into this day by and between the City of Marysville ("Marysville"), a municipal
corporation in the State of Washington, and the City of Arlington ("Arlington"), a municipal
corporation in the State of Washington.
WHEREAS, Marysville and Arlington entered into an Interlocal Agreement for
Municipal Court Services recorded at the Snohomish County Auditor’s office on April 4, 2003;
and
WHEREAS, Marysville and Arlington entered into the First Amendment to Interlocal
agreement for municipal court services between the City of Marysville and the City of Arlington
and First Renewal for Three year term January 1, 2005 to May 30, 2008, which was recorded on
11/12/2005; and
WHEREAS, Marysville and Arlington entered into the Second Amendment to Interlocal
Agreement for Municipal Court Services between the City of Marysville and the City of
Arlington, which was recorded on 08/24/2007; and
WHEREAS, Marysville and Arlington entered into the Third Amendment to the
Interlocal Agreement for Municipal Court Services on May 11, 2009; and
WHEREAS, Marysville and Arlington entered into the Fourth Amendment to the
Interlocal Agreement for Municipal Court Services on February 14, 2011; and
WHEREAS, the parties wish to amend Paragraph 10 of the Agreement and renew the
agreement for an additional one year period from January 1, 2012 through December 31, 2012
and to provide for automatic one year renewals from January 1 through December 31 of each
year unless terminated by the parties; and
WHEREAS, the parties wish to amend Paragraph 11 of the Agreement to provide for 180
days written notice by either party to terminate the agreement; and
M-02-033/Arlington agt amend 5 CS renewal 2011
2
WHEREAS, the parties wish to agree to certain amendments and revisions to the
agreement;
NOW, THEREFORE,
IN CONSIDERATION OF the terms and provisions hereof, Arlington and Marysville
agree to amend the Interlocal Agreement for Municipal Court Services recorded at Snohomish
County Auditor’s office on April 4, 2003, as amended by the First Amendment to Interlocal
agreement for municipal court services between the city of Marysville and the city of Arlington
and the First Renewal for Three year term January 1, 2005 to May 30, 2008, recorded on
11/12/2005, and by the Second Amendment to Interlocal Agreement for Municipal Court
Services between the city of Marysville and the city of Arlington recorded on 08/24/2007; and by
the Third Amendment to the Interlocal Agreement for Municipal Court Services on May 11,
2009; and by the Fourth Amendment to the Interlocal Agreement for Municipal Court Services
on February 14, 2011, the parties do hereby agree as follows:
1. Paragraph 10 is amended to read as follows:
10. DURATION. In addition to the initial terms set forth in the original
agreement and amendments, the term of this agreement is renewed for the period
of one year from January 1, 2012 through December 31, 2012. Further the
agreement shall automatically renew for additional one year periods from January
1 through December 31 of each year, unless a party provides Notice of
Termination as set forth in Paragraph 11. The Fee as set forth in Section 3 shall
remain the same for the renewal period unless the parties agree to amend the
schedule of fees as set forth in Section 3. The Fee as set forth in Section 3 may be
amended at any time by agreement of the parties. The parties may also agree to
additional renewal terms.
2. Paragraph 11 is amended to read as follows:
11. TERMINATION OF AGREEMENT. Either party shall provide 180 days
written notice of its intent either to terminate or not to renew this agreement. In the event
of termination or non-renewal of the agreement cases filed prior to the termination date in
Marysville Municipal Court will remain in Marysville Municipal Court until either
dismissed or formal closure.
3. Except as provided herein, all other provisions of the Interlocal Agreement for Municipal
Court Services entered into on April 4, 2003, as amended by the First Amendment to Interlocal
agreement for municipal court services between the city of Marysville and the city of Arlington
and the First Renewal for Three year term January 1, 2005 to May 30, 2008, recorded on
M-02-033/Arlington agt amend 5 CS renewal 2011
3
11/12/2005, and by the Second Amendment to Interlocal Agreement for Municipal Court
Services between the city of Marysville and the city of Arlington recorded on 08/24/2007, and by
the Third Amendment to the Interlocal Agreement for Municipal Court Services on May 11,
2009; and by the Fourth Amendment to the Interlocal Agreement for Municipal Court Services
on February 14, 2011 shall remain in full force and effect, unchanged.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed.
CITY OF ARLINGTON CITY OF MARYSVILLE
By________________________________ By________________________________
MARGARET LARSON, Mayor JON NEHRING, Mayor
DATE:_____________________________ DATE:_____________________________
APPROVED as to form: APPROVED as to form:
__________________________________ __________________________________
STEVEN PEIFFLE, City Attorney GRANT K. WEED, City Attorney
DATE:________________________ DATE:______________________
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS # 3
ATTACHMENT O
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Graafstra Agreement for Annexation
DEPARTMENT OF ORIGIN:
Community Development – Bill Blake
ATTACHMENTS:
1. Amended Agreement regarding the Conditions of Annexation
2. DRAFT Urban Horticulture land use code
3. Map – see Parcel #4
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
City Attorney developed the agreement
DESCRIPTION: The adoption of this document establishes an agreement between the City of
Arlington and Graafstra Family to fulfill listed obligations as a condition of annexation.
HISTORY: There has been a verbal agreement between the City of Arlington and Graafstra
family that following the City acquisition of the bottomland the entire “Graafstra” area would be
annexed in to the City. The area has been in the Arlington UGA for a number of years. The
zoning of the bottomland parcels was changed in 2011 from residential to Public/Semi-Public in
support of the park use. The upland is pre-zoned High Density residential. The proposed
agreement identifies the need to change the upland zoning from High Density to Urban
Horticulture (UH). A sentence was added following the workshop stating the Graafstra’s can
withdraw the application to annex if the UH zoning is not approved. The proposed UH zoning
will allow the Graafstra upland property to continue to function as an Incubator business site
supporting local economic development.
ALTERNATIVES:
1. Approve as written
2. Do not approve
3. Approve with conditions
RECOMMENDED MOTION:
I move to approve the Amended Agreement regarding the Conditions of Annexation with Hank
and Betty Graafstra
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 1
AMENDED AGREEMENT REGARDING CONDITIONS OF ANNEXATION
The parties to this agreement are HENRY GRAAFSTRA and BETTY
GRAAFSTRA, husband and wife (hereinafter “GRAAFSTRA”) and the CITY OF
ARLINGTON, a municipal corporation of the state of Washington (hereinafter “CITY”).
RECITALS
A. GRAAFSTRA is the owner of certain real property, legally described on
the attached Exhibit “A”, which has been designated by Snohomish
County to be in the CITY’s urban growth area (UGA) (hereafter “the
Property”). GRAAFSTRA previously conveyed approximately 128.53
acres of property to the CITY by deed dated April 1, 2010.
B. GRAAFSTRA wishes to petition to the CITY to have the Property
annexed to the CITY under certain terms and conditions.
NOW, THEREFORE, the parties do agree as follows:
COVENANTS
1. Agreement to Annex. Subject to applicable legal requirements, the CITY has agreed
to annex the Property, subject to the following additional conditions:
a. GRAAFSTRA shall take all steps necessary to submit an initial (10%) petition for
annexation to the City of Arlington within thirty (30) days of the date of this
agreement, and shall proceed to complete the annexation in due course thereafter
following all necessary legal requirements.
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 2
b. The CITY shall expeditiously docket a comprehensive plan amendment for
consideration at the next Growth Management Act (GMA) docketing process the
consideration of zoning and development standards for the Property, which will
include the adoption of development and zoning standard permitting urban
horticultural or other agricultural-related enterprises.
c. Should the CITY be unsuccessful in amending the comprehensive plan to adopt
zoning and development standards for the Property as set forth above,
GRAAFSTRA shall be allowed to withdraw their request for annexation.
2. Obligations of the Parties. GRAAFSTRA and the CITY agree to execute whatever
additional documents may be reasonably required to fully implement this agreement,
including, but not limited to, those petitions for annexation, notices, or other
documents necessary to effectuate the annexation and the processing of docketing
requests contemplated by this agreement.
3. Covenant on Property. This agreement shall be a covenant on the Property and shall
bind the heirs, executors, assigns, and successors in interest of the undersigned
relating to the Property.
4. Relationship To Existing Laws And Statutes. This Agreement in no way modifies or
supersedes existing laws and statutes. In meeting the commitments encompassed in
this Agreement, all parties shall comply with the requirements of the Growth
Management Act, State Environmental Policy Act, Annexation Statutes, and other
applicable federal, state or local law.
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 3
5. Severability. Should a court of competent jurisdiction declare any clause, phrase,
sentence or paragraph of this AGREEMENT invalid or void, the remaining
provisions of this AGREEMENT not so declared shall remain in full force and effect.
6. Exercise Of Rights Or Remedies. Failure of either party to exercise any rights or
remedies under this AGREEMENT shall not be a waiver of any obligation by either
party and shall not prevent either party from pursuing that right at any future time.
Dated this ____ day of __________________, 2011.
CITY OF ARLINGTON GRAAFSTRA:
_____________________________ ______________________________
Margaret Larson Henry Graafstra
Mayor
Date: ________________________ ______________________________
Betty Graafstra
ATTEST:
_____________________________
Kristin Banfield
City Clerk
Approved as to form:
_____________________________
Steven J. Peiffle
City Attorney
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 4
STATE OF WASHINGTON )
: ss
COUNTY OF SNOHOMISH )
On this _____ day of __________________, 2011, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Margaret Larson and Kristin Banfield, to me known to be the Mayor and City
Clerk, respectively, of the City of Arlington, the municipal corporation that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary
act and deed of said municipal corporation, for the uses and purposes herein mentioned,
and on oath stated that they are authorized to execute the said instrument and that the seal
affixed (if any) is the corporate seal of said municipal corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
________________________________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________________
My commission expires: ____________________
Name: ___________________________________
STATE OF WASHINGTON)
:ss
COUNTY OF SNOHOMISH)
On this day personally appeared before me HENRY GRAAFSTRA and BETTY
GRAAFSTRA, to me known to be the persons who executed the within and foregoing
instrument, and acknowledged that they signed the same as their free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of __________________, 2011.
___________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at _________________.
My commission expires:________
Name: ________________________
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 5
EXHIBIT “A”
Parcel 4 of Boundary Line Adjustment Dated September 22, 2009 under Recording
Number 200909225008, Records of Snohomish County, Washington.
DRAFT Arlington Comprehensive Plan
URBAN HORTICULTURE LAND USE
GOAL LU 10: Maintain a standard that designates areas located within the City limits
adjacent to agricultural areas for low density, low impact uses which will
not adversely impact the adjacent agricultural uses.
Policies:
UH XX.1: Maintain a practice that the Urban Horticulture area will allow uses which do not
require extensive structures or development and require large land areas; these
include intensive agriculture operation, processing and sale of agriculture products, sale of added value
products, sales of landscaping materials and supplies, farmer's markets, outdoor recreation activities
and log and lumber storage. A minimum of 60% of the building square footage must be used to support
the activities associated with the planting, harvesting, processing and managing the distribution of food or
added value products. These areas are intended to act as areas of less intense
development between the urban areas in the City and adjacent Agricultural areas.
Comprehensive Plan
Land Use
UH XX.2: Maintain a practice that the Urban Horticulture areas shall be within the City limits
which are adjacent to Open space and Agriculture areas and are either currently in agriculture uses,
seasonal agriculture farm retail uses, produce markets, produce vendor, resource processing, open space
recreation or tourism related attractions.
UH XX.3: Maintain a practice that Development of the Urban Horticulture area should be done
with a minimum of permanent structures requiring that at least 60 percent of a parcel
remain unbuilt and no additional pervious surfaces be created. Uses which may negatively impact
adjacent Agricultural uses will be discouraged.
UH XX.4 These areas may be identified as locations for incubator businesses that may request from the
Director of Community Development the ability to not meet the 60% square footage requirement for a
specified period of time not to exceed 24-months.
To be added to Arlington Municipal Code
XX.XXX.XX Urban Horticulture
Designation. The Urban Horticulture designation provides a buffer between the urban areas of
the City and adjacent agricultural lands. Lands uses within this designation will be low density
and will have low impact to adjacent agricultural and open space areas. The following general
criteria shall govern development in this designation:
1. Land uses are allowed that do not
require extensive structures or
development and that do require large
land areas, such as intensive agriculture
operation, sales of agriculture products,
processing of food products, processing
of added value products sales of landscaping
materials and supplies, farmer’s markets,
outdoor recreation activities, and log and lumber
storage.
2. This designation shall be for lands that
are within the City limits, are adjacent to
agriculture areas and open space areas , and
are either currently in agricultural uses or vacant.
3. Minimal structures shall be allowed for
development, and 60 percent of a lot
shall be left unbuilt and unpaved with no
additional impervious surface added.
4. Uses which negatively impact adjacent
agricultural uses shall be discouraged.
Incubator businesses including the sales of goods not produced on the premises
or other ancillary business may
be allowed with the condition that 60% of
the gross building square footage must meet
urban horticulture use criteria.
6. Single-family residences shall be
allowed at a density of no more than one
(1) unit per (5) acres.