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Home My WebLink About02-22-2011_Council Meeting Packet Arlington City Council *Tuesday February 22, 2011 – 7 PM City Council Chambers 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS -Eagle Festival Environmental Stewardship Award to Marty and Myrtle Rausch and the Stillaguamish Valley Pioneer Association PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes CONSENT AGENDA 1. Minutes of the February 7 & 14, 2011 meetings ATTACHMENT A 2. Accounts Payable 3. Agreement Resolving Grievance re Holiday Pay ATTACHMENT B Accounting/Reimbursement PUBLIC HEARING UNFINISHED BUSINESS NEW BUSINESS 1. TPA Interlocal ATTACHMENT C 2. Country Charm Fish Habitat Project ATTACHMENT D 3. Ordinance adding a new AMC 3.xxx regarding Court Cost Recovery ATTACHMENT E 4. Ordinance amending AMC 5.12 – Vehicles for Hire ATTACHMENT F 5. Ordinance amending AMC 5.16 – Cabarets ATTACHMENT G 6. Ordinance adding a new section to AMC 5.44 requiring film permits ATTACHMENT H under certain circumstances 7. Adoption of the City’s Fee Resolution ATTACHMENT I DISCUSSION ITEMS INFORMATION -Wendy McClure ~ re: Youth Suicide Awareness. ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION -Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] RECONVENE ADJOURNMENT To download all attachments, click here DRAFT Page 1 of 4 Council Chambers 110 East Third February 7, 2011 City Council Members Present by Roll Call: Dick Butner Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Police Chief Nelson Beazley, Officer Brian DeWitt, Dennis Kelly, Fire Chief Bruce Steadman, Tom Cooper, Jim Kelly, Bryan Terry, David Kuhl, Todd Hall, Jan Bauer, and Steve Peiffle – City Attorney Also Known to be Present: Bruce Angell – Planning Commission Chair, Sarah Arney – North County Outlook, Ralph Monty, Neil Knudson, Gale Fiege – Everett Herald, and Distinguished Senior Citizen Ray Harman Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Cornerstone Award – Arlington Vision, Neil Eberhardt, O.D. Assistant to the City Administrator for Special Projects Paul Ellis introduced Dr. Neil Eberhardt of the Arlington Vision Center. Mayor Larson then presented Dr. Eberhardt his Cornerstone Award. Recognition of Photo Contest Winners Sarah Higgins gave a brief description of the Arlington Eagle Fest photograph contest, and with an overhead projection showed pictures of the photo categories as she presented awards to Sarah Arney and Sheri Wiederspohn; she also mentioned winners Austin Smith and Bob Kuest who were not present. Recognition of Dennis Kelly, Arlington Police Department Volunteer Coordinator Officer Brian DeWitt introduced police Volunteer Coordinator Dennis Kelly and gave a description of his position. Mr. Kelly was honored with a plaque for his well appreciated work. Mr. and Mrs. Morse were also introduced and honored. PUBLIC COMMENT There was no one in the audience who wished to speak to matters not on the Agenda. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT February 5, 2011 Page 2 of 4 CONSENT AGENDA Steve Baker moved and Sally Lien seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the January 18 and 24, 2011 meetings 2. Accounts Payable Electronic Payments and Claims Checks #72358 through #72522 dated January 19, 2011 through February 7, 2011 in the amount of $1,726,525.04, and Electronic Payments and Payroll Checks #27100 through #27125 for the period of January 1, 2011 through January 31, 2011 in the amount of $1,132,748.45 3. Proclamation – Career & Technical Education Month At the request of Mayor Larson, Councilmember Linda Byrnes read the Careers & Technical Education Proclamation, and Program Advisor Bret Sarver, introduced students in attendance who represent many of the clubs associated with Arlington High School. PUBLIC HEARING Ordinance Adopting 2008 Comp Plan Amendments (Water, Storm & Graafstra Comp Plans) Associate Planner Todd Hall reviewed the Comp Plan Amendments noting that these had been addressed in the past, and with the use of an overhead projection he located the Graafstra property on a site map. The Public Hearing was opened for public comment at 7:18PM and with no one wishing to speak, the public hearing was closed. Mr. Hall then answered Council questions. Steve Baker moved to adopt the Ordinance for the 2008 Comprehensive Plan Amendments (PLN20080006, PLN20080007, PLN20080023, PLN20080024, PLN20080025), including the Stormwater Management Plan, Sewer System Plan, Comprehensive Water System Plan, Graafstra Lowlands and Concurrent Rezone, and to postpone the adoption of the Transportation CPA (PLN20080022) until the Transportation Plan Update is completed. Scott Solla seconded the motion that passed with a unanimous vote. Ordinance Adopting Land Use Code Amendments on Electrical Vehicle Infrastructure Associate Planner Todd Hall gave an explanation of the requested Electric Vehicle Infrastructure. The Public Hearing was opened at 7:24PM, and with no one wishing to speak, the Public Hearing was closed immediately. Steve Baker moved to adopt the Ordinance for the Proposed Land Use Code Amendments – Electric Vehicle Infrastructure (PLN20110003), which shall amend Chapters 20.08, 20.40, 20.44, 20.72 and 20.98 of the Arlington Municipal Code, as presented by Community Development staff and recommended for approval by the Planning Commission. Sally Lien seconded the motion that passed with a unanimous vote. Ordinance Adopting Comprehensive Plan Amendment for 2010 – West Arlington Sub- Area Plan Associate Planner Todd Hall addressed the West Arlington Sub Area Plan, giving a brief description of the Amendment. Minutes of the City of Arlington City Council Meeting DRAFT February 5, 2011 Page 3 of 4 The Public Hearing was opened at 7:29PM. Scott Whippo who lives in Smokey Point voiced concern that he was unable to open the Comp Plan on the City’s website. He also spoke regarding 173rd which is located to the north of 172nd, and wondered if this West Arlington Sub Area Plan adoption would include the road (173rd) which residents do not want. Associate Planner Todd Hall and Community Development Director David Kuhl answered Mr. Whippo’s questions about 173rd Street and stated that indeed, a road that has been approved for several years and is designed as stated. Mr. Whippo is concerned that the road is being put in against the wish of those nearby residents and mostly for the support of company corporations. Mr. Whippo then asked for reconsideration of the proposed plan. The Public Hearing was closed at 7:36PM. Scott Solla thanked those involved in the project and Dick Butner noted that the proposed road would relieve some of the Smokey Point traffic congestion. Todd Hall then answered Council questions. Steve Baker moved to adopt the Ordinance for the West Arlington Sub Area Plan, 2010 Comprehensive Plan Amendment (PLN20100002) as presented by Community Development staff and recommended for approval by the Planning Commission. Marilyn Oertle seconded the motion that passed with a unanimous vote. UNFINISHED BUSINESS There was no Unfinished Business NEW BUSINESS 67th Ave Phase III – Supplement #3 to Obligate Right of Way Funding Public Works Director Jim Kelly addressed the Supplemental Agreement for the 67th Avenue Phase III Project. Scott Solla moved to authorize the Mayor to sign the WSDOT Local Agency Supplement Agreement #3 obligating $390,000.00 of STP grant funding to the 67th Ave, Phase III right-of- way acquisition process, pending final review by the City Attorney. Dick Butner seconded the motion that passed with a unanimous vote. 67th Ave. Phase III – Right of Way Plan and Administrative Offers Mr. Kelly reviewed the request and answered Council questions. Scott Solla moved to approve the 67th Ave Rehabilitation Project, Phase 3 right of way Preliminary Funding Estimate and authorize staff to move forward with the ROW acquisition in accordance ROW acquisition procurement policy and procedure approved by Council Oct 18, 2010. Marilyn Oertle seconded the motion that passed with a unanimous vote. WWTP Change Order # 8 Mr. Kelly addressed the requested Change Order #8 and answered several Council questions. Dick Butner moved to approve Change Order No. 8 to the IMCO WWTP Upgrade and Expansion construction contract, pending final review by City Attorney. Sally Lien seconded the motion that passed with a unanimous vote. Minutes of the City of Arlington City Council Meeting DRAFT February 5, 2011 Page 4 of 4 Resolution Adopting the City’s Revised Financial Management Policies Finance Director Jim Chase spoke to the City’s Revised Financial Management Policies. There were no Council questions. Steve Baker moved to adopt the proposed Resolution adopting Revised Financial Management Policies for the City of Arlington. Sally Lien seconded the motion that passed with a unanimous vote. INFORMATION With the use of an overhead demonstration Information Services Manager Bryan Terry gave an introduction of the City’s newly developed website which is scheduled to go live on February 10, 2011. ADMINISTRATOR & STAFF REPORTS City Administrator Allen Johnson introduced Paul Ellis who then noted the likelihood for the Hogan building to be used by Dr. Cartwright. He went on to discuss clinic parking as it relates to the nearby Centennial Trail. MAYOR’S REPORT Mayor Larson gave a report of activities and meetings she had recently attended. COUNCIL MEMBER REPORTS – OPTIONAL Steve Baker, Linda Byrnes, Chris Raezer, Marilyn Oertle, Scott Solla, Sally Lien, and Dick Butner gave brief reports. EXECUTIVE SESSION City Attorney announced the need for an Executive Session lasting approximately 30 minutes to review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)] and for the discussion of pending or potential litigation [RCW 42.30.110(1)(i)]. No action would be taken during or after the Session. The Council adjourned into Executive Session at 8:24PM with a 5-minute break beforehand. At 9:03PM Mayor Larson announced to the audience that the Executive Session would be extended 10 minutes. At 9:11PM the meeting was reconvened and with no further action to be taken, the meeting was immediately adjourned. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street February 14, 2011 Dick Butner Sally Lien, Scott Solla, Chris Raezer, Linda Byrnes, Steve Baker, Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Fire Chief Bruce Steadman, David Kuhl, Bill Blake, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: Marilyn Oertle Also Known to be Present: Sarah Arney – North County Outlook and MaryAnn Monty. Mayor Larson called the meeting to order at 7:00PM. Steve Baker moved to approve the Agenda, and Sally Lien seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS – NO ACTION WAS TAKEN TPA Interlocal Discussion Wendy Becker, with the assistance of Anthony Tift, both from the Snohomish County Economic and Cultural Development, gave a brief overview of the Snohomish County Tourism Strategic 2010 Plan. Ms. Becker and Mr. Tift then answered many Council questions. MaryAnn Monty, 16750 Smokey Point Blvd, Arlington, also addressed Council questions stating that if this were to be adopted she would like to see Arlington gets its fair share; also she would like a provision which would allow for an easier opt out of any contract that would be made. Arlington Valley Land Boundary Line Adjustment Natural Resources Manager Bill Blake identified the location of the Arlington Valley Land, gave a brief history of the area, and then answered Council questions. Country Charm Fish Habitat Project Mr. Blake introduced Bob Aldrich, Paul DeVries, John Engel, and Debbie Terwilleger Snohomish County. Bob Aldrich distributed information, and spoke to the proposed design changes in the project to restore salmon habitat. The team answered Council questions. Mr. Blake offered to bring this forth for public information and scrutiny which the Council agreed would be a good idea. Annexation of Right-of-Ways on SR 531 and SR 9. Community Development Director David Kuhl verbally located the property and briefly spoke to this and other project properties yet needing to be annexed. He then answered Council questions. Mr. Peiffle also answered Council questions. AMC 3.xxx – Court Cost Recovery Assistant City Administrator Kristin Banfield briefly defined and spoke to Cost Recovery. AMC 5.12 – Vehicles for Hire Ms. Banfield continued with her presentation, addressing the Vehicles for Hire in the Municipal Code. She then answered Council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT February 14, 2011 Page 2 of 2 AMC 5.16 – Cabarets She addressed the changes to the cabarets portion of the code. AMC 5.44.025 – Film Permit Required Ms. Banfield noted that this Permit would be under the Special Event portion of the AMC and answered Council questions. AMC 12.52 – Grading Permits Ms. Banfield introduced the new code and explained the reasons for this addition. Ms. Banfield answered several Council questions and discussion followed. This and the AMC 13.36 – Pre-treatment will be discussed at the next workshop with Public Works Director Jim Kelly present to provide additional information. Fee Resolution (Building Permits, Grading Permit, Add Dog Licenses, Reduce Headstone Cleaning Fee, EMS Fee for Specialty Transports – Airlift) Ms. Banfield reviewed the fee schedule changes, excluding the grading permits. Finance Director Jim Chase and Fire Chief Bruce Steadman also answered Council questions. Miscellaneous Council Items. Mayor Larson noted this Tuesday’s 3:30:PM grand opening of Arlington’s new Velo Sport store, at the corner of 4th and Olympic Avenue. She also noted that John Miller executive director of the Tribes has requested a joint City Council / Tribes meeting. The meeting was adjourned at 8:34PM. ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: Consent #3 ATTACHMENT B COUNCIL MEETING DATE: February 22, 2011 SUBJECT: Authorize the Mayor to sign a settlement agreement resolving a grievance with the IAFF Local No. 3728 regarding Holiday Pay Accounting and Reimbursement DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: - Settlement Agreement EXPENDITURES REQUESTED: BUDGET CATEGORY: LEGAL REVIEW: Complete DESCRIPTION: Council is requested to authorize the mayor to sign a settlement agreement resolving a grievance filed by the IAFF Local No. 3728 regarding the accounting and reimbursement of holiday pay. HISTORY: The City and the Local have a Collective Bargaining Agreement covering the years 2008-2010 as well as a number of Memorandum of Understandings addressing specific topics. ALTERNATIVES: Do not authorize the Mayor to sign the settlement agreement. RECOMMENDED ACTION: I move Council authorize the Mayor to sign the settlement agreement resolving a grievance with the IAFF Local No. 3728 regarding Holiday Pay Accounting and Reimbursement. SETTLEMENT AGREEMENT 1 SETTLEMENT AGREEMENT This Agreement is entered into this ______ day of ______________, 2011 by and between the CITY OF ARLINGTON, WASHINGTON, hereinafter referred to as “City,” and IAFF LOCAL 3728, hereinafter referred to as “Local 3728”. WHEREAS, the City and Local wish to resolve a grievance filed by the Local on or about December 13, 2010 relating to holiday pay (“the Grievance”); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits each party will receive from this agreement, the parties do agree as follows: Section 1. Holiday Pay. The issues raised in the Grievance shall be resolved in accordance with the agreement contained in the exchange of correspondence between the Local and Fire Chief Stedman dated December 30, 2010 and January 6, 2011, copies of which are attached hereto. Section 2. Resolution of Grievance. Upon execution by all parties of this Agreement, the Grievance dated December 13, 2010, together with all appeals presently pending, shall be considered withdrawn. Section 3. Release And Hold Harmless. Each party accepts the covenants contained in this agreement as complete and total settlement of all claims, known or unknown, which each might have against the other, including any statutory, contractual or tort claims arising from the facts set out in the Grievance, and each party agrees to release and hold harmless the other party from said claims. Section 4. Miscellaneous. 4.1 This agreement constitutes the entire agreement between the City and Local 3728 and all parties acknowledge there are no other agreements, oral or otherwise, which have not been fully set forth in this agreement. The parties agree that this agreement shall not be amended or modified without the written consent of all parties. 4.2 The City and Local 3728 have been represented by counsel during the drafting of this agreement. Each party executes the same knowingly, voluntarily and with full awareness of the consequences of the agreement. IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be signed and executed as of this ________ day of _______________, 2011. CITY OF ARLINGTON _________________________________ Margaret Larson, Mayor SETTLEMENT AGREEMENT 2 Attest: __________________________ Kristin Banfield, City Clerk IAFF LOCAL 3728 __________________________________ Greg Koontz, President Date: 1/6/11 To: Chief Stedman From: Greg Koontz Re: Holiday Pay Chief Stedman, The members of Local 3728 have agreed to settle the grievance originally filed on December 10th 2010 and subsequently filed with you on December 13th 2010. We are agreeing to settle the grievance pursuant with the stipulations outlined in the settlement offer issued by the city on December 30th 2010. If all parts of the proposal are not met the Local retains the right to continue the grievance as outlined in article 11.4 of the current CBA. The members of the Local are pleased to have reached a settlement and look forward to continuing a productive labor/management relationship. Greg Koontz, President IAFF Local 3728 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT C COUNCIL MEETING DATE: February 22, 2011 SUBJECT: Interlocal Agreement authorizing establishment of the Snohomish County Tourism Promotion Area DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: - Interlocal Agreement authorizing establishment of the Snohomish County Tourism Promotion Area EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Complete DESCRIPTION: The attached Interlocal Agreement with Snohomish County would confirm the City’s approval of the formation of a Tourism Promotion Area (TPA) in Snohomish County. The TPA is being requested by the Snohomish County Lodging Association with support from the Snohomish County Tourism bureau. The TPA is authorized by RCW 35.101 and does not impact the city’s budget in any way. The TPA authorizes the collection of lodging charges from lodging businesses located within the Snohomish County TPA to fund tourism promotion. The cost will be $1.00 per occupied room, per day. HISTORY: The Snohomish County Lodging Association, in conjunction with the Snohomish County Tourism Bureau, requested the formation of a TPA in December 2008. The lodging association has spent the past two years gaining support and approvals from the lodging industry throughout Snohomish County, in accordance with the steps outlined in Chapter 35.101 RCW. The Council has reviewed this item at the January 10, 2011, January 24, 2011, and February 14, 2011 Council Workshop. ALTERNATIVES: Do not authorize the Mayor to sign the Interlocal Agreement authorizing the establishment of the Snohomish County TPA RECOMMENDED ACTION: I move Council authorize the Mayor to sign the Interlocal Agreement authorizing the establishment of the Snohomish County Tourism Promotion Area. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #2 ATTACHMENT D COUNCIL MEETING DATE: February 22, 2011 SUBJECT: Country Charm Fish Habitat Project DEPARTMENT OF ORIGIN: Community Development ATTACHMENTS: 1. Design Drawings EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: None DESCRIPTION: Snohomish County is proposing to install engineered log jams upstream of the beach access area at Country Charm to restore important habitat for endangered South Fork Stillaguamish Chinook. The project will also install flood fencing along the river channel that will reduce the potential for the river to cut into the main field areas of Country Charm. An access road will be created and remain after the project completion for access to the beach and kayak launching. HISTORY: The City purchased the Country Charm property with the assistance of a Salmon Recovery Funding Board grant. Snohomish County received a SRFB grant several years ago to construct Engineered Log Jams in the South Fork Stillaguamish. The County did a study that showed the upstream area of Country charm is a priority location for the installation of the structures to improve Chinook Habitat. The project will improve habitat by creating pools, protect the field through flood fencing, capture flood debris preventing damage to the park and provide a better beach access and kayak launch. ALTERNATIVES: Ask the County to consider changes to the design RECOMMENDED ACTION: No Action necessary, this is an informational presentation to maintain good communication with the Council and Public in regards to restoration activities occurring at Country Charm. Comments on the design are welcome. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT E COUNCIL MEETING DATE: February 22, 2011 SUBJECT: Creation of a new Chapter in the Municipal Code to recoup court costs - AMC Chapter 3.86 – Crime Prevention Funding DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance creating a new Chapter 3.86 in the Arlington Municipal Code allowing Arlington to recoup court costs. EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: General Fund – Criminal Justice LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: Staff is proposing adding a new chapter to AMC Title 3 which will allow the City to recoup some of the court filing fees. The City of Marysville currently has a similar ordinance in place that generates some income to offset court filing fees and costs currently borne by the City alone. In any case where an accused has been convicted of a misdemeanor or gross misdemeanor crime in Arlington Municipal Court (operated by Marysville Municipal Court), there will be, in addition to any fine levied, a penalty in the amount of fifty dollars ($50.00) per charge. The penalty is non-suspendable and will be deposited into the General Fund to offset criminal justice and policing costs. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past year. The project should be complete and the AMC completely updated in a searchable format on the City’s website. The City has contracted with Marysville for Municipal Court services since 2002. The City Council reviewed the suggested code language at the February 14, 2011 Council Workshop and recommended placement on the February 22, 2011 Council meeting agenda for formal action. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED MOTION: I move Council adopt the proposed Ordinance creating a new Chapter 3.86 in the Arlington Municipal Code allowing Arlington to recoup court costs. ORDINANCE NO. 2011--xxx ORDINANCE NO. 2011 – xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON CREATING A NEW CHAPTER 3.86 OF THE ARLINGTON MUNICIPAL CODE RELATING TO CRIME PREVENTION FUNDING WHEREAS, in connection with the City's enforcement of criminal violations of the Arlington Municipal Code, the City expends substantial resources on police services and crime prevention activities; and WHEREAS, because of the substantial costs incurred by the City as a result of persons violating the law, it is appropriate that those individuals who have been convicted of criminal misdemeanor and gross misdemeanor violations of the Municipal Code be responsible for the costs incurred by the City's taxpayers because of such criminal conduct; and WHEREAS, it is appropriate that the City provide for a cost funding mechanism, to be imposed on individual convicted of criminal misdemeanor and gross misdemeanor violations of the Municipal Code to help pay for the police services involved in crime prevention. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The purpose of this ordinance is to create a new chapter in the Arlington Municipal Code Purpose establishing Crime Prevention Funding as a line-item in the General Fund budget. Section 2. Creation of Chapter 3.86 of the Arlington Municipal Code A new chapter 3.86 of the Arlington Municipal Code is hereby created to read as . follows: Chapter 3.86 CRIME PREVENTION FUNDING Sections: 3.86.010 Fund Created 3.86.020 Sources of Crime Prevention Funding – Contribution Required 3.86.030 Expenditures 3.86.010 Fund Created. There is created and established within the General Fund budget of the City of Arlington a separate line-item to be known as CRIME PREVENTION FUNDING. 3.86.020 Source of Crime Prevention Funding - Contribution Required. 1. In any case where an accused has been convicted of a misdemeanor or gross misdemeanor crime in Arlington Municipal Court, there shall be, in addition to any fine ORDINANCE NO. 2011--xxx levied, a penalty in the amount of fifty dollars ($50.00) per charge, which penalty shall be non-suspendable, and which shall be deposited into the Crime Prevention Fund line-item. The fact that this penalty is imposed on each charge shall not in any way reduce the obligation of the accused to pay any other cost, fine or penalty prescribed by the court. 2. For the purposes of subsection (1) of this section a conviction shall include a deferred prosecution, deferred sentence or guilty finding. 3.86.030 Expenditures. Monies deposited in to this line item fund shall be used for funding Police and administration of justice projects and activities geared towards crime prevention, including but not limited to: publications and dissemination of crime prevention information and for funding of other crime prevention projects and purposes, and for general police activities responding to and addressing the effects of crime within the community, and for any other purposes geared to improve administration of the criminal justice system, as determined and approved by the City Council. Section 3. Severability . If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. Section 4. Effective Date . A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk ORDINANCE NO. 2011--xxx APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #4 ATTACHMENT F COUNCIL MEETING DATE: February 22, 2011 SUBJECT: Proposed Ordinance adopting revisions to AMC Chapter 5.12 relating to the operation of Vehicles for Hire DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Proposed Ordinance adopting revisions to AMC Chapter 5.12 relating to the operation of Vehicles for Hire EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney review is pending. DESCRIPTION: Staff is proposing a revision of the current AMC Chapter 5.12 which addresses vehicles for hire operating in the City. The rewrite provides for a clear process for application, issuance, denial, and revocation of licenses issued to those operating vehicles for hire. This chapter was originally adopted in 1950 and was last revised in 1959. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past year. The project should be complete and the AMC completely updated in a searchable format on the internet. The City Council reviewed the suggested revisions at the February 14, 2011 Council Workshop and recommended placement on the February 22, 2011 Council meeting agenda for formal action. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: I move Council adopt the proposed Ordinance making revisions to AMC Chapter 5.12 relating to the operation of Vehicles for Hire. ORDINANCE NO. 2011-xxx 1 ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS OF CHAPTER 5.12 OF THE ARLINGTON MUNICIPAL CODE RELATING TO THE OPERATION OF VEHICLES FOR HIRE WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions to Chapter 5.12; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 5.12.020 is amended to read as follows: 5.12.020 - Taxicab operation—Compliance with conditions—License required. It is unlawful to operate any taxicab upon the streets of Arlington until any person owning or operating said taxicab has first complied with the following conditions: 1. Comply with all the laws of the state relating to the operation of taxicabs, and obtain a permit from the director of licenses of the state for the operation of said taxicab; 2. File the required bond or liability insurance with the director of licenses of the state, as is now or may hereafter be required by law; 3. Have on file with the city clerk of the city a receipt from the insurance company showing payment of the premium upon such bond or liability insurance required to be filed with the director of licenses of the state, together with a copy of such bond; 4. Have paid all license fees due to the state or city; providing this section shall not apply to any taxicab entering the city for the purpose of discharging passengers who have entered said taxicab at points outside the corporate limits of the city; 5. A person owning or operating any of the vehicles defined in Section 5.12.010 (a) and (c) shall first secure a license to do so from the city clerk, obtained in the following manner: a. The applicant shall upon blanks provided for the purpose by the city clerk, furnish full information concerning ownership; the number and classification of vehicles to be operated; the name, fictitious or otherwise, under which the ORDINANCE NO. 2011-xxx 2 applicant intends to operate; and such other information as may be deemed necessary for proper supervision and the public good, b. If it appears from the information obtained that the applicant has met all of the requirements of this chapter, that the vehicles are equipped with valid state licenses, and that they are properly bonded or insured for the protection of the public as required by the motor vehicle laws of the state, a license may be issued upon payment of the license fee herein provided for in Section 5.12.030, c. All licenses shall expire one year from the date the same is granted; 6. The person, firm or corporation owning or operating such taxicab shall file with the city clerk a true, accurate, and detailed statement of its rates, fares or charges in current use by such taxicab, and shall also post said rates in a conspicuous place in said taxicab where the same can be readily observed and read by a passenger for hire therein and it is unlawful to charge any higher or greater fare than that set forth in said schedule of rates. 7. The provisions of this chapter shall not apply to motor vehicles operated by any municipal or privately owned nonprofit transit system. Section 2. Arlington Municipal Code section 5.12.030 is amended to read as follows: 5.12.030 - License fee. The annual fee for a vehicle for hire license is established by the City’s fee resolution. The fee shall be paid at the time of application and is nonrefundable. Section 3. Arlington Municipal Code section 5.12.040 is hereby repealed in its entirety. Section 4. Arlington Municipal Code section 5.12.050 is amended to read as follows: 5.12.050 - Inspection of vehicles. 1. All for hire vehicles may be inspected from time to time and determined by the chief of police or designee in response to complaints received or observations that such is desirable, for the purpose of determining proper equipment , safety and sanitation of such vehicle. The scope of for-hire vehicle inspections includes but is not limited to standards regarding cleanliness, brakes, lights, tires, glass, seat belts and any other special equipment that may be required. 2. If the chief of police or designee determines during inspection that the condition of any for-hire vehicle needs correction, he/she may issue to the operator or driver thereof a notice in writing specifying such defects and the same shall be remedied immediately or by a later date determined at the time of inspection. It is unlawful to fail to comply with any written notice to make corrections on the vehicle for hire. ORDINANCE NO. 2011-xxx 3 Section 5. Arlington Municipal Code section 5.12.060 is amended to read as follows: 5.12.060 - Driver's license requirement. It is unlawful for any person owning, controlling, or engaged in the business of operating taxicabs or for hire cars to employ as a driver of any such vehicle, or permit any such vehicle to be driven by, a driver who does not possess a valid and subsisting Washington state driver's license. Section 6. Arlington Municipal Code section 5.12.070 is amended to read as follows: 5.12.070 - Allowing felon or intoxicated person to drive unlawful. It is unlawful for any person engaged in the business of operating a taxicab or for hire car to knowingly permit any person to drive the same who has been convicted of any felony or of driving while under the influence. Section 7. Arlington Municipal Code section 5.12.120 is amended to read as follows: 5.12.120 - Revocation of license. 1. All licenses issued shall be subject to revocation by the City if the holder thereof or any person employed by him in the operation of any such vehicle fails or neglects to comply with or violates any of the terms and provisions of this chapter, or who violates any of the terms or provisions of any of the ordinances of the city relative to the operation or use of vehicles upon the public highways, or relating to traffic upon the same, or who directly, or indirectly, either himself or by or through his agent, driver or servant, sells, gives away, or in any manner disposes of narcotic drugs or intoxicating liquor in connection with the use of any such vehicle in the transaction of the business for which such license has been issued, or uses or permits the use of any such vehicle to carry or transport such drugs or liquor, or causes or permits to be kept therein any such drugs or liquor, or uses or permits the same to be used for transporting any person or persons who may be contributing to or attempting to or having the design of contributing to the delinquency of any minor or who violates any of the ordinances of the city or the laws of the state in or by the use or operation of any such vehicle. 2. Upon complaint being made to the City Clerk of any of the acts or omissions herein set forth, notice shall be given to the holder of such license thereof, and that at a time and place to be fixed therein the City’s Hearing Examiner will conduct a hearing upon the question of whether or not the license shall be revoked, at which time and place, or the time and place to which said hearing may be adjourned, the licensee shall have the right to be heard and produce evidence in his behalf. If upon such hearing, the Hearing Examiner is satisfied that the licensee, or the driver of any vehicle covered by such license, is or has been guilty of the act or omission complained of and that by reason thereof the license should be revoked, he/she may thereupon revoke such license. The notice provided for herein shall be provided to the licensee not less than ten days before the date of such hearing. The said license may also be revoked upon like notice being given if it appears to the City Clerk that a ORDINANCE NO. 2011-xxx 4 license or bond or insurance issued to any licensee under the laws of the state has been canceled or revoked. Section 8. Arlington Municipal Code section 5.12.130 is amended to read as follows: 5.12.130 - Operator—Qualifications. No city driver's license shall be required, but any person driving a taxicab or for hire car must be at least eighteen years of age and duly licensed to drive a motor vehicle under the laws of the state. It is unlawful for any driver of a taxicab or for hire car to operate such vehicle on the streets of the city if he/she has been convicted of violating any ordinance of the city or law of the state, and it shall be the duty of the holder of any taxicab license to discharge any such driver upon learning of any such conviction. Section 9. Arlington Municipal Code section 5.12.140 is amended to read as follows: 5.12.140 - Operator—Identification. Each driver of any taxicab or for hire car shall provide for himself in duplicate a picture of himself of recent date, fingerprints and pertinent information as to age, address, number of Washington State Driver's License, and such other information as may be required by the City. This information shall be assembled upon a card, shall be validated by the city clerk, and one of said duplicate cards shall be hung or attached to the inside of each taxi in a conspicuous place, and shall be left in such taxi at all times when operated by such driver. The other duplicate card shall be placed on file with the city clerk. Section 10. Arlington Municipal Code section 5.12.150 is hereby added to read as follows: 5.12.150 – Fare Payment. It shall be unlawful for any person to refuse to pay the regular fare for a taxicab after having hired the same. Section 11. Arlington Municipal Code section 5.12.160 is hereby added to read as follows: 5.12.160 – Violations - Penalty. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished as provided in AMC 1.04.010. Section 12. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 13. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ORDINANCE NO. 2011-xxx 5 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #5 ATTACHMENT G COUNCIL MEETING DATE: February 22, 2011 SUBJECT: Ordinance Adopting revisions to AMC Chapter 5.16 relating to the operation of Cabarets DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Proposed Ordinance revising AMC Chapter 5.16 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney review is complete. DESCRIPTION: Staff is proposing a revision of the current AMC Chapter 5.16 which addresses licensing and operating regulations for cabarets operating in the City. The rewrite provides for a clear process for application, issuance, denial, and revocation of licenses issued to those operating cabarets. This chapter was originally adopted in 1971 and has never been revised. HISTORY: The City has been updating the Arlington Municipal Code over the course of the past year. The project should be complete and the AMC completely updated in a searchable format on the internet. This chapter was reviewed by the City Council at the February 14, 2011 Council Workshop and Council requested it be placed on the February 22, 2011 Council agenda for action. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED MOTION: I move Council adopt the proposed Ordinance making revisions to AMC Chapter 5.16 relating to the operation of Cabarets. ORDINANCE NO. 2011-xxx 1 ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING, REPEALING, AND ADDING CERTAIN SECTIONS OF CHAPTER 5.16 OF THE ARLINGTON MUNICIPAL CODE RELATING TO THE OPERATION OF CABARETS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions to Chapter 5.16; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 5.16.010 is amended to read as follows: 5.16.010 Definitions. 1. "Cabaret" means any room or space whatsoever in the city in which any dancing is permitted in connection with the selling, serving or providing the public, with or without charge, liquor. 2. "Liquor" means all beverages defined in RCW 66.04.010(16). 3. "Person" means one or more natural persons of either sex, firms, associations, co- partnerships and corporations, whether acting by themselves or by servant, agent or employee. Section 2. Arlington Municipal Code section 5.16.030 is amended to read as follows: 5.16.030 Qualifications of licensees. No license shall be issued to: 1. A person who has been convicted of a felony within five years prior to his application for a license; 2. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee; 3. A co-partnership, unless all of the members thereof are qualified to obtain a license, as provided in this section; 4. A corporation, unless all officers and directors thereof are qualified to obtain a license, as provided in this section. The license shall be issued to the same person whose name appears on, or the person responsible to the Washington State Liquor Control Board for, the license issued by that board for the premises. ORDINANCE NO. 2011-xxx 2 Section 3. Arlington Municipal Code section 5.16.060 is amended to read as follows: 5.16.060 Application for license—Investigation and report—Issuance or denial. 1. Applicants for a license under this chapter must file with the City Clerk a sworn application in writing on a form to be furnished by the City. 2. All applications shall provide the following information on the application, a. The name, home address, home telephone number, date and place of birth, and Social Security number of the applicant, if the applicant is an individual; b. The names, home addresses, home telephone numbers, dates and places of birth, and Social Security numbers of the officers and directors of the applicant, if the applicant is a partnership. If the applicant is any other type of business entity, then the applicant shall provide the same information requested in this subsection for all managers or other persons who control the business decisions of that entity; c. The name, address, and telephone number of the cabaret, and the names of all on-site managers of the cabaret; and d. The name, address, and telephone number of the owner of the property on which the cabaret is located. e. Each application must be completed in full and signed by the applicant in affidavit or declaration form wherein the applicant certifies under penalty of perjury that the applicant has personal knowledge of all matters asserted in said application and that the statements contained therein are true and complete. 3. Duty to Supplement Application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate, an applicant or license holder promptly shall notify the clerk in writing and provide current information. 4. Process for Completed Applications. A completed application shall be submitted to the city clerk. An application shall not be considered to be completed unless accompanied by a receipt or other notation from the city showing payment of the required license fee. The city clerk shall refer a completed application to the following city department heads for investigation and report as follows: a. The chief of police shall provide a criminal history record of the applicant; b. The director of the department of community development shall provide a report stating whether or not the application or premises of the business reflect any actual or potential violations of the city zoning code; and c. The building official shall provide a report indicating whether or not said premises are in compliance with all applicable health, safety and building statutes and regulations d. The fire marshal shall provide a report indicating whether or not said premises are in compliance with all applicable fire prevention statutes and regulations. Section 4. Arlington Municipal Code section 5.16.065 is hereby added to read as follows: 5.16.065 – Approval or denial of application. ORDINANCE NO. 2011-xxx 3 Upon receipt of a completed application and reports from the above-named officials, a license application shall be approved by the city clerk, except that said application shall be denied for any one or more of the following reasons: 1. Application form is incomplete; or 2. Purpose of business sought to be licensed does not comply with the requirements of any city ordinance(s) relating to fire, buildings, health and sanitation or is, or will be if licensed, in violation of the city zoning code as determined by the reports from the above-named officials; or 3. The license was procured by fraud or any false statement or misrepresentation of fact in the application or in any report or record filed with the city clerk. In all events, the city clerk shall issue the license, or the reason(s) for nonissuance as soon as possible, but in no event more than 30 days after receipt of a completed application. Section 5. Arlington Municipal Code section 5.16.070 is amended to read as follows: 5.16.070 - Fee for license—Expiration and renewal. The annual fee for a cabaret license is established by the City’s fee resolution. The fee shall be paid at the time of application and is nonrefundable. All licenses issued pursuant to this chapter are non-transferable and are valid for the calendar year in which issued. License fees shall not be prorated for any portion of the year. Section 6. Arlington Municipal Code section 5.16.080 is hereby repealed in its entirety. Section 7. Arlington Municipal Code section 5.16.090 is amended to read as follows: 5.16.090 - Maintenance of order. At all times while any dancing shall be conducted or be taking place at any premises for which a cabaret license is issued, where the music for such dancing is provided wholly or in part by one or more than one actual "live" musician rather than by means of electrical transcriptions, radio, tape, records or other similar means, a person capable of maintaining order on the premises shall be in attendance on said premises, and such person in attendance shall be employed by the licensee solely for the purposes of, and said person shall perform the duties of, refusing admission to intoxicated or underage persons, maintaining order, and removing unruly, disorderly and/or intoxicated persons from the premises. Such person shall at said times not be employed as a bartender, waiter, musician or in any other capacity and shall have no other duties than those hereinabove specified in this section. At all times while any dancing shall be conducted or be taking place at any premises for which a cabaret license is issued, on nights or on days when the music for said dancing is provided wholly by means of electrical transcriptions, radio, tape, records or other similar means, a person capable of maintaining order shall be in attendance at all times on the premises, who shall be responsible for refusing admission to intoxicated and underage persons, maintaining order, and removing unruly, disorderly and/or intoxicated persons from the premises, but such person need not be solely employed for such purposes. No member of the police department or any reserve police officer of this city shall ever be employed as such a person in attendance. ORDINANCE NO. 2011-xxx 4 Section 8. Arlington Municipal Code section 5.16.110 is amended to read as follows: 5.16.110 - Revocation or suspension of license. The city clerk may revoke any license under this chapter, or may suspend any such license for a period of time not to exceed one year, where one or more of the following conditions exist: 1. The license was procured by fraud or by any false statement or misrepresentation of fact in the application or in any report or record required to be filed with the clerk; 2. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of this code; or 3. The license holder, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter. Upon determination that grounds for revocation or suspension of a license exist, the city clerk or designee shall send by first class mail, postage prepaid, to the license holder a notice of revocation or suspension. The notice shall set forth the grounds for revocation or suspension. Section 9. Arlington Municipal Code section 5.16.115 is hereby added to read as follows: 5.16.115 – Appeals and hearing. 1. Any person aggrieved by the action of the city clerk in refusing to issue or renew any license under this chapter or in suspending or revoking any license under this chapter shall have the right to appeal such action to the city hearing examiner, or to such other hearing body as may hereafter be established by the city council for the hearing of such appeals, by filing a notice of appeal with the city clerk within 10 days of receiving notice of the action from which appeal is taken. 2. The hearing examiner, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 20 days from the date of such receipt, except when extenuating circumstances exist. The hearing shall be de novo. The hearing examiner shall hear testimony, take evidence and may hear oral argument and receive written briefs. The filing of such appeal shall stay the action of the city clerk, pending the decision of the hearing body. 3. The decision of the hearing examiner on an appeal from a decision of the city clerk shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. 4. The decision of the hearing examiner shall be final unless appealed to the superior court within 20 days of the date the decision is entered. Section 10. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity ORDINANCE NO. 2011-xxx 5 of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 11. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ____________________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #6 ATTACHMENT H COUNCIL MEETING DATE: February 22, 2011 SUBJECT: Ordinance adding a new section 5.44 in the Arlington Municipal Code to require a permit for filming of motion pictures DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance adding a new section 5.44 in the Arlington Municipal Code to require a permit for filming of motion pictures EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney review is pending DESCRIPTION: Staff is proposing adding a new section to AMC Title 5 which will require those in the business or activity of the filming, videotaping or otherwise producing motion pictures for television, internet or public exhibition within City limits to obtain a permit. The film permit will be issued in the same manner that special event permits are requested. HISTORY: The City is receiving approximately one filming request a month and needs to have a permit process in place to ensure that filming activities do not unreasonably interfere with the public health and safety of our citizens or unreasonably endanger any property within the City. The City Council reviewed the suggested code language at the February 14, 2011 Council Workshop and recommended placement on the February 22, 2011 Council meeting agenda for formal action. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED MOTION: I move Council adopt the proposed Ordinance adding a new section 5.44 in the Arlington Municipal Code to require a permit for filming of motion pictures. ORDINANCE NO. 2011-xxx 1 ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADDING A NEW SECTION 5.44.025 TO THE ARLINGTON MUNICIPAL CODE REQUIRING FILM PERMITS UNDER CERTAIN CIRCUMSTANCES WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested a new section be added to Chapter 5.44, requiring film permits under certain circumstances; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. A new Section 5.44.025 is hereby added to the Arlington Municipal Code, as follows: 5.44.025 – Production of Motion Pictures – Permit Required. 1. Except as otherwise provided herein, it shall be unlawful for any person to engage in the business or activity of the filming, videotaping or otherwise producing motion pictures for television, internet, or public exhibition at any place within the City, other than at or in an established motion picture, television or photography studio, unless such person has first been issued a film production permit by the City Clerk. 2. The provisions of this section shall not apply to the filming, videotaping, or the photographing or otherwise preserving of motion pictures: a. Solely for private or family use; b. For use in a criminal investigation or civil proceeding; c. For news purposes; d. For charitable or government purposes. Section 2. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ORDINANCE NO. 2011-xxx 2 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #7 ATTACHMENT I COUNCIL MEETING DATE: February 22, 2011 SUBJECT: Proposed Resolution to revise the City’s Fee Schedule and repeal Resolution No. 2010-002 and Resolution No. 2010-006. DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: - Proposed Revised Resolution amending the current City fee schedule for Building Permit fees, Cemetery Fees, Licensing Fees for specific types of businesses, EMS fees and incorporating Dog Licensing Fees previously adopted EXPENDITURES REQUESTED: BUDGET CATEGORY: General Fund, EMS Fund, Cemetery Fund LEGAL REVIEW: City Attorney review is complete. DESCRIPTION: City staff is proposing revisions to the City fee schedule for Building Permit Fees, Cemetery Fees, Licensing Fees for specific types of businesses, EMS fees and incorporating Dog Licensing Fees previously adopted. Included in the proposed revisions are revised cemetery fees, as recommended by the City’s Cemetery Board, Licensing fees for specific types of businesses, and incorporating the dog licensing fees adopted in June 2010 into the fee schedule. The new additions to the fee schedule under the category of Licensing fees for specific types of business are a result of the Municipal Code cleanup project. HISTORY: On March 1, 2010, the City Council approved Resolution No. 2010-002 updating the City’s fee schedule. The City Council adopted licensing fees for dogs on June 14. 2010 through Resolution No. 2010-006. Council reviewed the proposed resolution to revise the City’s Fee Schedule at the February 14, 2011 workshop. Council requested that the proposed grading permit fees be removed to be considered at a later time. This leaves the 2010 grading permit fees in place. ALTERNATIVES: Do not adopt the proposed Resolution. Remand to staff with specific direction. RECOMMENDED MOTION: I move Council adopt the proposed Resolution revising the City’s Fee Schedule and repealing Resolution No. 2010-002 and Resolution No. 2010-006. Page 1 RESOLUTION NO. 2011-xxx A RESOLUTION REPLACING RESOLUTION NOS.2010-002 AND 2010-006, AND ADOPTING A REVISED FEE SCHEDULE WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain actions and services; and, WHEREAS, these various ordinances set forth that fees shall be set by resolution; and, WHEREAS, the cost of providing these various services consistent with applicable codes, regulations, and policies periodically increase or decrease, or certain services or practices are discontinued and fees are no longer needed; and, WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges that are consistent with the services provided and to cover the public cost of providing these various services so that the public is not subsidizing individual benefits derived therefrom; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON AS FOLLOWS: The following rates, fees, and charges for various services provided, actions performed, or items sold by the city and/or its contract service providers, and fines levied against code violators, are hereby adopted: Section 1. Fees and Charges—General. 1.1 Fees. Fees are intended to cover the normal, recurring costs associated with providing a given service. Fees are non-refundable. 1.2 Prices. In some instances, the City provides certain goods and merchandise for sale. Prices for these goods may be included in this resolution. 1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of application) or occurs (e.g., prior to a specific action). An applicant may pay all fees of a multi-phased project in advance; however, doing so does not vest applicable fees due. Fees due are those in effect at the time the specific action or phase of an action is requested or occurs. 1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the fees, or portions thereof, for any non-profit organization or government agency. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 2 Section 2. Land Use Fees. Fees for various services, actions, and permits regarding land use, as per AMC Title 20 Land Use Code, shall be as listed in Table 1: Land Use Fees Table 1: Land Use Fees Action Fee ($) Land Use Permits Zoning Permit 2,222 Special Use Permit 3,306 plus actual cost of Hearing Examiner (if req’d) Conditional Use Permit 3,862 plus actual cost of Hearing Examiner Administrative Conditional Use Permit Seasonal/Special Event Homeless Encampment 102 508 Preliminary Plats and Binding Site Plans Conditional Use Permit for a Long Plat 6,983 plus actual cost of Hearing Examiner Zoning Permit for a Short Plat 3,068 Final Plats and Binding Site Plans Long Plat 3,389 Short Plat 1,823 Development Agreements 3,862 plus actual cost of Hearing Examiner (if req’d) Master Plan 12,500 Design Review Administrative 212 Design Review Board 423 Forest Practices Permits Permit Review 423 Forest Practices Permit Application Fee 106 plus 106 per acre Review Fee for Conversion Option Harvest Plan Approval 106 plus 106 per acre Review Fee To Lift Moratorium 300 Inspection Fee 127 per hour plus 106 per acre Appeals To City Council 212 To Planning Commission 212 To Hearing Examiner 582 plus actual cost of Hearing Examiner To Shoreline Hearings Board 582 Reconsideration of Decision by: Community Development Director and/or a designee 79 Planning Commission 106 Hearing Examiner 212 plus actual cost of Hearing Examiner City Council 132 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 3 Action Fee ($) Permit Extension Extension 53 Amendment to or Modification of Permit Insignificant Design Deviations 53 Minor Amendment 317 Major Amendment 1,067 plus cost of Hearing Examiner (if req’d) Binding Site Plans Text and/or Design Deviation 741 Lot Line Adjustment or Changes to Number of Lots 1,323 Development Agreement 741 plus actual cost of Hearing Examiner (if req’d) Boundary Line Adjustment Boundary Line Adjustment 1,664 Land Use Ordinance Amendment Amendment to Text of Land Use Ordinance 741 Amendment to Zoning Map (rezone) < 5 acres 1,111 > or = 5 acres 1,957 Comprehensive Plan Amendment Minor Amendment (annual cycle) 1,428 Major Amendment (5-year cycle) 2,116 Annexations Submission of 10% Petition 106 Submission of 60% Petition 1,058 If it goes to BRB hearing 794 Shoreline Development Permit SDP in conjunction with a Land Use Permit 529 SDP not in conjunction with a Land Use Permit 1,058 Variance Administrative 635 If it goes to hearing (fee in addition to that paid for Admin. Decision) 1,217 plus actual cost of Hearing Examiner Miscellaneous Actions/Items Zoning Interpretation 106 Pre-Application Meetings 1st two hours 0 Subsequent meetings 317 per meeting SEPA Review (note: review of checklist included in Land Use Permit fee ) SEPA Only (no land use permit required) 529 Review of requested studies (i.e. traffic, wetland, etc) 159 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 4 Action Fee ($) Review of requested studies (i.e. drainage, geo-tech, etc) 711 Environmental Impact Statement (EIS) 1,058 plus actual cost of consultant Request of Utility Services Outside City Single-Family Residence/Duplex 212 Other Development 635 Section 3. Public Works Fees. Fees for various services, actions and permits shall be as listed in Tables 2-1: Review Fees, 2-2: Grading Plan Review Fees and 2-3: Grading Permit Fees. Table 2-1: Review Fees Action Fee ($) Site Civil Review 6% E.E.C.C* with a minimum charge of 1,587 Additional Plan Review Fee 212 each Miscellaneous Engineering Fee 529 each As-Built Review Fee Included in the site civil review fee Final Plat Review Fee Included in the site civil review fee Inspection Fee 127 per hour-1/2 hour minimum Outside Consultant Review Fee Actual cost Simple Site Plan Review 265 per lot Right of Way 6% E.E.C.C* or maximum 1,058 with a minimum charge of 106 plus inspection fees Right of Way Vacation 1,058 Miscellaneous Staff Time 127 per hour per person-1/2 hour minimum Engineering Meetings-after 2 hours 317 per meeting Water Availability Certificate SFR 32 – Non-SFR 106 Recovery Contract 1,058 plus actual cost GIS Zoning and Land Use Maps 10.00 11x17 5.00 2x3 13.00 3x3 19.00 3x4 25.00 Map CD 26.00 Data CDs/FTP 26.00 per client Hourly Rate for Custom Work 127 per hour, ½ hour minimum Laminating 3/sq ft Shipping 5.00 Fee none * E.E.C.C Engineer’s Estimated Cost of Construction-Includes labor, equipment, material, overhead and profit. Prices shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if not included in the RS Means database. * Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots. * Additional plan review applies when there is a change, addition or revision to the plan. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 5 * Additional plan review fees will be charged at any point in the project when more than 2 reviews are required. * Inspection Fee - commercial and residential plats (storm drainage, landscape, right-of-way and bond inspections). * Outside Consultant Review Fee. * Water Availability Certificate Fee. * Engineering Meetings (first 2 hours are no charge). * Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house. Table 2-2: Grading Plan Review Fees 2009 Fee ($) 2010 Fee ($) 50 Cubic Yards or less No fee No fee 51 to 100 cubic yards 25.00 25.50 101 to 1,000 cubic yards 39.25 40.00 1,001 to 100,000 cubic yards First 1,000 cubic yards Plus - for each additional 10,000 yards or fraction thereof 52.30 26.00 53.35 26.50 100,001 to 200,000 cubic yards For the first 100,000 cubic yards Plus - for each additional 10,000 yards or fraction thereof 286.25 14.10 292.00 14.40 200,001 cubic yards or more For the first 200,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 426.90 7.70 435.45 7.85 Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge – 1/2 hour) 53.60* Per hour 54.70* Per hour *Or the total hourly cost to the City, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Table 2-3: Grading Permit Fees 2009 Fee ($) 2010 Fee ($) 50 cubic yards or less 25.00 25.50 51 to 100 cubic yards 39.25 40.00 101 to 1,000 cubic yards First 100 cubic yards Plus – for each additional 100 cubic yards or fraction thereof 39.25 18.55 40.00 18.90 1,001 to 10,000 cubic yards For the first 1,000 cubic yards Plus - for each additional 1,000 yards or fraction thereof 206.40 15.40 210.50 15.70 10,001 to 100,000 cubic yards CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 6 For the First 10,000 cubic yards Plus - for each additional 10,000 yards or fraction thereof 344.90 70.00 351.80 71.40 100,001 or more cubic yards or more For the first 100,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 975.30 38.75 994.80 39.50 Section 4. Building Permit Fees. For determining the value of a structure, the most current issue of the Building Safety Journal Magazine, which offers the legacy building valuation data fee schedule as published by the International Code Council, is adopted by reference. Fees shall be as listed in Tables 3-1: Building Permit Fees, 3-2: Miscellaneous Building Inspection Fees and 3-3: Miscellaneous Building Permit Fees. Table 3-1: Building Permit Fees Total Valuation($) 2009 2010 2011 2012 Fee ($) 1.00 – 500.00 28.50 29.00 29.50 30.00 0.00 to 500.00 501.00 – 2,000.00 28.50 3.75 29.00 3.75 29.50 3.83 30.00 3.90 For the first 500.00 plus For each additional 100.00, or fraction thereof, to and including 2,000.00 2001.00 – 25,000.00 84.75 17.00 86.00 17.25 86.95 17.60 88.50 17.95 For the first 2,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 25,000.00 25,001.00 – 50,000.00 475.75 12.25 482.75 12.50 491.75 12.75 501.35 13.01 For the first 25,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 50,000.00 50,001.00 – 100,000.00 782.00 8.50 795.25 8.70 810.50 8.87 820.10 9.05 For the first 50,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 100,000.00 100,001.00 – 500,000.00 1,207.00 6.80 1,230.25 6.90 1,254.00 7.04 1,272.60 7.18 For the first 100,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 500,000.00 500,001.00 – 1,000,000.00 3,927.00 5.75 3,990.25 5.90 4,070.00 6.02 4,144.60 6.14 For the first 500,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 1,000,000.00 1,000,001.00 and up 6,80 2.00 6,94 0.25 7,08 0.00 7,21 4.60 For the first 1,000,000.00 plus For each additional 1,000.00, or CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 7 4.45 4.50 4.59 4.68 fraction thereof Total Valuation($) 2013 2014 2015 2016 Fee ($) 1.00 – 500.00 30.50 31.00 31.50 32.00 0.00 to 500.00 501.00 – 2,000.00 30.50 3.98 31.00 4.06 31.50 4.14 32.00 4.22 For the first 500.00 plus For each additional 100.00, or fraction thereof, to and including 2,000.00 2001.00 – 25,000.00 90.20 18.31 91.90 18.67 93.60 19.05 95.30 19.43 For the first 2,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 25,000.00 25,001.00 – 50,000.00 511.33 13.27 521.31 13.53 531.75 13.80 542.19 14.08 For the first 25,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 50,000.00 50,001.00 – 100,000.00 843.08 9.23 859.56 9.42 876.75 9.61 894.19 9.80 For the first 50,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 100,000.00 100,001.00 – 500,000.00 1,304.58 7.32 1,330.56 7.47 1,357.25 7.62 1,384.19 7.77 For the first 100,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 500,000.00 500,001.00 – 1,000,000.00 4,232.58 6.26 4,318.56 6.39 4,405.25 6.51 4,492.19 6.64 For the first 500,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 1,000,000.00 1,000,001.00 and up 7,36 2.58 4.78 7,51 3.56 4.87 7,66 0.25 4.97 7,81 9.19 5.07 For the first 1,000,000.00 plus For each additional 1,000.00, or fraction thereof Total Valuation($) 2017 2018 2019 2020 Fee ($) 1.00 – 500.00 32.50 33.00 33.50 34.00 0.00 to 500.00 501.00 – 2,000.00 32.50 4.31 33.00 4.39 33.50 4.48 34.00 4.57 For the first 500.00 plus For each additional 100.00, or fraction thereof, to and including 2,000.00 2001.00 – 25,000.00 95.17 19.81 98.85 20.21 100.70 20.62 102.55 21.03 For the first 2,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 25,000.00 25,001.00 – 552.78 563.68 574.96 586.24 For the first 25,000.00 plus CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 8 50,000.00 14.36 14.65 14.94 15.24 For each additional 1,000.00, or fraction thereof, to and including 50,000.00 50,001.00 – 100,000.00 911.78 9.99 929.93 10.19 948.46 10.40 967.24 10.61 For the first 50,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 100,000.00 100,001.00 – 500,000.00 1,411.28 7.93 1,439.43 8.08 1,468.46 8.25 1,497.74 8.41 For the first 100,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 500,000.00 500,001.00 – 1,000,000.00 4,583.28 6.78 4,671.43 6.91 4,768.46 7.05 4,861.74 7.19 For the first 500,000.00 plus For each additional 1,000.00, or fraction thereof, to and including 1,000,000.00 1,000,001.00 and up 7,973.28 5.17 8,126.43 5.27 8,293.46 5.38 8,456.74 5.49 For the first 1,000,000.00 plus For each additional 1,000.00, or fraction thereof Table 3-2: Miscellaneous Building Inspection Fees Action Fee ($) Inspections outside of normal business hours 50.00 per hour1 (minimum charge 1 hour) Reinspection fees assessed under provisions of the current IBC 50.00 per hour1 Inspection for which no fee is specifically indicated 50.00 per hour1 (minimum charge—1 hour) Additional plan review required by changes, additions or revised plans 50.00 per hour1 (minimum charge—1 hour) For use of outside consultants for plan review and inspections, or both. Actual costs2 Stop work order (working without permit) 3 1 Or the total hourly cost to the City, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and benefits of the employees involved. 2 Actual costs include administrative and overhead costs. 3 Stop work order (SWO): failure to obtain a valid permit within 48 hour of a SWO will result in double permit fees or a fine of $500 whichever is less. A permit applied for within the 48 hour timeframe may be subject to a fine and/or fee at the discretion of the building official. Table 3-3: Miscellaneous Building Permit Fees Action Fee ($) Change lot after plan review completed 100.00 Change plans during or after plan review. New Plan Review Fee Change or revise plans after issuance of permit. Current hourly rate per IBC or new plan review fee CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 9 Action Fee ($) Commercial or industrial re-roof IBC value or bid amount Demolitions 100.00 Espresso carts (portable and stand alone) 250.00 Fences over 6 feet in height Current hourly rate per IBC for plan review plus 20.00 permit fee Mobile homes 500.00 Modular offices (job shacks) 350.00 Moved buildings 100.00 prior to moving together with a building permit fee based on the IBC valuation for new building and cost of moved building. Residential re-roofs 0 if plan review required 50.00 Retaining walls (permit not required under four (4) feet 100.00 or IBC valuation, whichever is greater Signs IBC valuation, using permit fee only 4.2 Plumbing Fees. Plumbing fees shall be as listed in Table 3-4: Plumbing Fees. Table 3-4: Plumbing Permit Fees Action Fee ($) PERMIT ISSUANCE Plumbing Permit Base Fee 25.00 Medical Gas Systems 100.00 Fixtures and Vents For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection thereof) 12.00 Sewers, Disposal Systems and Interceptors For each industrial waste pretreatment interceptor, including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps 25.00 Water Piping and Water Heaters For each water heater including vent 25.00 Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices For each lawn sprinkler system on any one meter, including backflow protection devices thereof 25.00 Swimming Pools For each swimming pool or spa: Public pool 90.00 Public spa 90.00 Private pool 60.00 Private spa 30.00 Miscellaneous For each appliance or piece of equipment regulated by the Plumbing Code but not classed in other appliance categories, or for which no other fee is listed in this code 12.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 10 4.3 Mechanical Permit Fees. Mechanical permit and inspection shall be as listed in Table 3-5: Mechanical Permit and Inspection Fees. Table 3-5: Mechanical Permit & Inspection Fees Action Fee ($) PERMIT ISSUANCE AND HEATERS Mechanical Permit Base Fee 25.00 Furnaces 25.00 Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit 10.00 Boilers 25.00 AHU’s and Condensing Units 100.00 Evaporative Coolers & Heat Pumps 25.00 Ventilation and Exhaust For each ventilation fan connected to a single duct 10.00 Refrigeration Systems 50.00 For each gas piping system of 1 to 5 outlets 10.00 For each additional outlet over 5, each 1.00 Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which the fee is listed in the table 25.00 Table 3-6: Plumbing & Mechanical Plan Review Fees < THAN $500.00 ROUND DOWN TO NEAREST $1,000. > THAN $500.00 ROUND UP TO NEAREST $1,000.00 Total Valuation Fee ($) Less than $1,000.00 150.00 $1,000.00 to $9,999.99 200.00 $10,000 to $19,999.99 250.00 $20,000.00 to $29,999.99 300.00 $30,000.00 to $39,999.99 350.00 $40,000.00 to $49,999.99 400.00 $50,000.00 to $59,999.99 450.00 $60,000.00 to $69,999.99 500.00 $70,000.00 to $79,999.99 550.00 $80,000.00 to $89,999.99 600.00 $90,000.00 to $99,999.99 650.00 $100,000.00 to $199,999.99 700.00 $200,000.00 to $299,999.99 800.00 $300,000.00 to $399,999.99 900.00 $400,000.00 to $499,999.99 1,000.00 $500,000.00 to $599,999.99 1,100.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 11 $600,000.00 to $699,999.99 1,200.00 $700,000.00 to $799,999.99 1,300.00 $800,000.00 to $899,999.99 1,400.00 $900,000.00 to $999,999.99 1,500.00 $1,000,000.00 to $1,999,999.99 1,600.00 $2,000,000.00 to $2,999,999.99 1,700.00 $3,000,000.00 to $3,999,999.99 1,800.00 $4,000,000.00 to $4,999,999.99 1,900.00 5 Million and Up 2,000.00 for the first $5M plus $1.00 for each additional $1,000.00 or fraction thereof Table 3-7: Fire Permit Fees Action Fee ($) Fire Sprinklers Plan Review Fee 100.00 Permit Fee Based on Valuation Fire Alarms Plan Review Fee 100.00 Permit Fee Based on Valuation Commercial Hoods (Type I & Type II) Plan Review Fee 100.00 Permit Fee Based on Valuation Other Fire Safety System Plan Review Fee 100.00 Permit Fee Based on Valuation Section 5. Cemetery Fees. Fees and prices for various services, actions, and merchandise for cemetery use shall be as listed in Table 4: Cemetery Fees and Prices. Table 4: Cemetery Fees and Prices Product / Service / Action Fee ($) Traditional Burial Burial Lot $1,500 Opening & Closing (during business hours) $1,000 Opening & Closing (after business hours) $1,300 Concrete Grave Liner $800 Vaults Monticello $1,595 Continental $1,895 Venetian $2,295 Cameo Rose / SST Triune $2,995 Vault Internment System $350 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 12 Inurnment Cremation Lot / Urn Garden $650 Second Right Inurnment $500 Opening & Closing (during business hours) $445 Opening & Closing (after business hours) $695 Liner $310 Childrens Garden Babyland Lot $397 Opening & Closing (all times) $488 Babyland Liner $658 Niche Niche Wall I and II, rows 1-3 top half $1,142 Niche Wall I and II, rows 4-6 bottom half $1,089 Opening & Closing (during business hours) $445 Opening & Closing (after business hours) $695 Second Right Niche Wall $545 Niche Inscription – Single $363 Niche Inscription – Double $563 Tent and Chairs for Inurnment $163 Flower Vase for Niche Wall $205 Headstones and Monuments Headstone Setting - 28 x16 or smaller $275 Headstone Setting - 32 x 20 or larger $375 Setting Fee - vase block or garden marker $60 Setting Fee - upright monument (single) $575 Setting Fee - upright monument (double) $675 Headstone Final Inscription (off site) $550 Headstone Final Inscription (on site) $363 Headstone Sales - varies Call Inspection Fee (outside sales only) $375 Memorial Marker - varies Call Other Services Memorial Tree w/ garden marker $800 Disinterment / Traditional Burial $1,995 Disinterment / Cremation $650 Pressure Washing $ 40 for first headstone $25 for each additional headstone Section 6. Fees for the Use of City Owned Facilities. Fees for various services, actions, and permits regarding use of City owned facilities shall be as listed in Table 5: Fees for the Use of City Owned Facilities. Table 5: Fees for the Use of City Owned Facilities CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 13 Use/Activity Fee ($) Hadley Hall at the Arlington Community Youth Center Without Kitchen One to three hours 15 per hour Over three hours 75 With Kitchen One to three hours 20 per hour Over three hours 125 Athletic Fields League Baseball Youth, resident team 7.50 per youth per season Youth, non-resident team 10 per team per use Adult 25 per use Softball Youth, resident team 7.50 per youth per season Youth, non-resident team 10 per team per use Adult 25 per use Soccer Youth, resident team 7.50 per youth per season Youth, non-resident team 10 per team per use Adult 25 per use Other Youth, resident team 7.50 per youth per season Youth, non-resident team 10 per team per use Adult 25 per use Tournament Baseball Youth, resident team 7.50 per youth per tournament Youth, non-resident team 10 per team per use Adult 25 per use Softball Youth, resident team 7.50 per youth per tournament Youth, non-resident team 10 per team per use Adult 25 per use Soccer Youth, resident team 7.50 per youth per tournament Youth, non-resident team 10 per team per use Adult 25 per use Other Youth, resident team 7.50 per youth per season Youth, non-resident team 10 per team per use Adult 25 per use Lighting Youth 3 per hour CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 14 Adult 6 per hour Scheduling Fee for League and Tournament League 15 per team Tournament 15 per tournament Concession Sales League 50 per season Tournament 25per day 6.1 Definitions. A. “Youth” is defined as any person 18 years of age or younger. B. “Resident” is defined as any team composed of at least 51% Arlington residents. Section 7. Appeal Fees for Violations and Abatement. Fees for various services and actions regarding violations and abatement as per Chapter 11.01 of the Arlington Municipal Code shall be as listed in Table 6: Appeal Fees for Violations and Abatement. Table 6: Appeal Fees for Violations and Abatement Action Fee ($) Appeals To Hearing Examiner 582 plus actual cost of Hearing Examiner Fines Forest Practice Violation Fine 317 Section 8. Licensing Fees. Licensing fees for various licenses issued under various sections of the Arlington Municipal Code shall be as listed in Table 7:- Licensing Fees. Table 7: Licensing Fees License/Activity Fee ($) Annual/renewal business license under AMC Chapter 5.28 60.00 Late payment penalty for each month of delinquency of business license under AMC Chapter 5.28 5.00 per month of delinquency For new applications applied for between October 1st through December 30th the new business license applications pay the following fee of $45. 45.00 For new applications applied for between January 1st through March 30th new business license applications pay the following fee of $30 . 30.00 For new applications applied for April 1st through June 30th new business license applications pay the following fee. Note: $15 for the remainder of the current business license year and $60 for the new business license year for a total of $75, making the business 75.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 15 license valid thru June 30th of the following year. Businesses with offices located outside of city limits but conducting business within city limits (AMC Chapter 5.28) 20.00 Peddlers & Solicitors License under AMC Chapter 5.04 25.00 Vehicles for Hire License under AMC Chapter 5.12 - First vehicle - Each vehicle thereafter 35.00 15.00 Cabaret License under AMC Chapter 5.16 (annual) 75.00 Section 9. EMS Fees and Charges. 9.1 Fees and Mileage Charges Established. For purposes of AMC Chapter 3.06, fees and mileage for EMS services shall be set as set forth in Table 8: Emergency Medical Services Rates and Charges. 9.2 EMS Transport Fees. In accordance with the requirements of 42 Code of Federal Regulations (CFR) Parts 410 and 414, which provides that Medicare fees and charges shall apply to Medicare recipients; A. Unmet (excess fee) Part B Deductible and Part B coinsurance amounts. In accordance with the provisions of 42 CFR Parts 410 and 414, the City shall bill the patient for any unmet or excess fee to the extent authorized by federal law. B. Inability to Pay Excess Fee. Individuals who are on fixed or low incomes or do not have the ability to pay the differential because of financial difficulties may submit a request to waive the differential to the City with supporting documentation of the inability to pay. Table 8: Emergency Medical Services Rates and Charges Service Rate ($) BLS Non-emergent 476.00 BLS Emergent 476.00 ALS Emergent 741.00 ALS 2 846.00 ALS Response Fee 265.00 Specialty Care Transport Fee 846.00 Mileage (all categories) 16.00 per mile Section 9. Dog Licensing Fees. License Annual Fee ($) Dog - unaltered $ 20 Dog – altered $ 10 Dog – altered (senior citizen owner) $ 5 Dog – altered & micro-chipped $ 5 Replacement Tag fee $ 5 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION #2011-XXX Page 16 Late Fee – for failure to purchase annual license before March 1 $ 10 Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her guide dog, or a request by a physically disabled person not to be charged a fee to license his or her service animal. All dogs require proof of current Rabies vaccination to be licensed. Proof is also required for alteration and micro-chip to be eligible for the reduced fee. Section 10. Repeal of Previous Fee Resolutions. Resolutions 2010-002 and Resolution 2010-006 are hereby repealed. Section 11. Effective Date. This resolution will become effective immediately upon passage. 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 AS TO FORM: _______________________________ Steve Peiffle, City Attorney