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HomeMy WebLinkAbout07-25-2011_Council Workshop Packet 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 WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN 1. (5 min) Clock Donation from DABA ATTACHMENT A 2. (5 min) 67th Avenue Easements & Dedications ATTACHMENT B 3. (20 min) Project Status of 173rd Street Improvements ATTACHMENT C 4. (5 min) 6-year TIP ATTACHMENT D 5. (5 min) Surplus Equipment/Vehicles ATTACHMENT E 6. (15 min) Transportation Benefit District ATTACHMENT F 7. (10 min) Stormwater Wetland Amenities ATTACHMENT G 8. (5 min) Stillaguamish Overlay Bid Award ATTACHMENT H 9. (5 min) Ordinance Adopting Revisions to Water Comp Plan ATTACHMENT I 10. (5 min) AMC Title 8 – Revisions for Livestock, Chickens, and Bees ATTACHMENT J 11. Miscellaneous Council items ADJOURNMENT To open all attachments, click here Arlington City Council Workshop July 25, 2011 – 7 PM City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT A COUNCIL MEETING DATE: July 25, 2011 SUBJECT: Clock Donation from DABA DEPARTMENT OF ORIGIN: Executive Contact: Sarah Higgins, 360-403-3448 ATTACHMENTS: Letter from Debra Nelson, Downtown Arlington Business Association President EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: N/A DESCRIPTION: DABA is proposing to donate a street clock to the City of Arlington for downtown. Proposed location is in the grass median on the south side of the entrance to the City Hall parking lot. DABA will pay for the cost of the clock and the installation. HISTORY: A downtown clock has been a goal of the merchant group for many years. In 2009 DABA started a fund for future purchase of a clock. ALTERNATIVES: Do not accept clock donation, or recommend alternate location. RECOMMENDED ACTION: No action at this time. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT B COUNCIL WORKSHOP DATE: July 25, 2011 SUBJECT: 67th Avenue – Easements & Dedications DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: • Handout Packages at Council Workshop EXPENDITURES REQUESTED: None BUDGET CATEGORY: LEGAL REVIEW: City Attorney will prepare the dedication and easement documents upon Council Approval DESCRIPTION: Council will be presented with information on the latest and greatest easements and dedications for the 67th Ave Phase III project. HISTORY: As part of the 67th Ave, Ph III project, the City needs to acquire additional permanent right of way for road and sidewalk construction, and temporary right or way for construction staging. The City obtained $ 1,977,447 in grant funding for the 67th Ave, Phase III project; $390,000 of this funding is for right of way acquisition costs. The ROW procurement must follow WSDOT guidelines; in order to accomplish this an independent third party facilitated discussions with property owners for the necessary ROW procurements. We have completed the first six ROW agreements and are ready to have these signed by the mayor and appropriate payments made. ALTERNATIVES: • Remand to staff for additional information • Table pending additional discussion RECOMMENDED ACTION: • No Action at this time – discussion only. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT C COUNCIL WORKSHOP DATE: July 25, 2011 SUBJECT: Project status of 173rd Street Improvements DEPARTMENT OF ORIGIN: Public Works – Eric Scott ATTACHMENTS: PowerPoint presentation at the Council Workshop EXPENDITURES REQUESTED: $ 0 BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: Discussion of project status for improvements to 173rd Street corridor between Smokey Point Blvd and 43rd Avenue, to provide secondary access to transportation in the Smokey Point area. HISTORY: The City has been engaged in the planning and design of a new roadway in West Arlington (Smokey Point) to provide secondary transportation access to the area, to mitigate growth in the 172nd Street Corridor. The City is in the process of completing several planning studies, and is at a milestone point of presenting findings to both Council and the public prior to moving forward to complete the design process. A public outreach meeting will be held August 9, 2011 with a follow-up Council discussion on August 15, 2011 to present comments received from residents. ALTERNATIVES: N/A RECOMMENDED ACTION: No action requested – discussion only. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT D COUNCIL MEETING DATE: July 25, 2011 Workshop SUBJECT: Six Year Transportation Improvement Plan 2012-2017 DEPARTMENT OF ORIGIN: Public Works Administration James Kelly ATTACHMENTS: • Six Year Transportation Improvement Plan - Draft • Schedule for Adoption of 2012 -2017 Plan EXPENDITURES REQUESTED: N/A BUDGET CATEGORY N/A LEGAL REVIEW: N/A DESCRIPTION: Council will review the draft Six Year Transportation Improvement Plan. No action is requested and a public hearing is scheduled for August 15, 2011. HISTORY: Attached is a draft Six Year Transportation Improvement Plan for Council review. This draft reflects what the council adopted in 2010 for 2011 through 2016 with updates to reflect any work that has been completed in the last year. This annual process requires a Public Hearing and adoption by resolution, once adopted the plan is sent to the Washington State Department of Transportation and the Puget Sound Regional Council and compiled with other agency’s information as a tool for statewide planning. Funding agencies also use the information during their evaluation processes. Currently the City is in the process of developing a new Transportation Comprehensive Plan which will be brought forward in the fall of 2011 for review and adoption by Council. One component of this plan will support the Capital Planning which will serve as the basis for future Six Year Transportation Plans. ALTERNATIVES: • N/A RECOMMENDED ACTION: No action is requested. Project No.Transportation Capital Project Total Project Cost Est 6-Year Program Cost Est 2012 2013 2014 2015 2016 2017 2018-2026 Comments 1 Annual Striping $300,000 $300,000 $45,000 $47,000 $49,000 $51,000 $53,000 $55,000 $0 Annual Maintenance of Striping and Pavement Markings 2 Annual Traffic Control Sign Replacement $69,000 $69,000 $15,000 $15,000 $15,000 $8,000 $8,000 $8,000 $0 Inventory and replacement of traffic control signage as required by the adopted MUTCD 3 Annual Road Rehab/Pavement Mgmt $1,500,000 $1,500,000 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 $0 Repairs and Maintenance of existing city streets 4 Annual Sidewalk Program $30,000 $30,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $0 Repair, Maintenance and Upgrades to sidewalks 5 Arlington Trail Construction Program $850,000 $850,000 $150,000 $150,000 $150,000 $200,000 $200,000 $0 Design and construct pedestrian trails per the City's Trail Plan (non-motorized transportation facilities) 6 Transportation Comprehensive Plan $45,000 $45,000 $5,000 $5,000 $5,000 $25,000 $5,000 Annual Updates to Transportation Plan Adopted in 2011. Program of Complete Update in 2016. 7 WSDOT - SR531; 43rd Ave to 67th Ave $57,000,000 $3,000,000 $3,000,000 $54,000,000 Preliminary planning complete, working on design pending additional funding. 8 WSDOT - SR531; 67th Ave to SR-9 $50,000,000 $15,000 $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 $49,985,000 Work with WSDOT on preliminary planning activities - widen to 5 lanes, 6' sidewalk on the south and an 8' non-motorized path on the north connecting to the Centennial Trail at the intersection of 67th and SR531 9 WSDOT - SR531/SR9 Intersection improvements WSDOT funded with nickel gas tax $15,600,000 $12,000,000 $12,000,000 $3,600,000 Project fully funded by Nickel Gas Tax 10 WSDOT - SR9/Burke Signalization $924,000 $924,000 $924,000 $0 Installation of Signal at Burke and SR9 - recommended by the SR9 Coalition 11 SNOCO - 172nd Corridor - SR9 to McElroy Road $7,231,000 $7,231,000 $7,231,000 $0 Potential Alternative Route to TDR Receiving Area. Snohomish County Project. 12 Community Transit Bus Transfer Station - Smokey Point $0 Design and construct a bus transfer station on Smokey Point Drive near 174 St. 13 211th Pl NE - 67th Ave NE to SR530 - $3,900,000 $25,000 $25,000 $3,875,000 Planning phase - to examine proposed alignment to reroute 211th to SR530 via 59th City of Arlington 2012 - 2017 Six Year Transportation Improvement Program (TIP) 14 Airport Blvd. - Extend 51st Ave to 188th Street $3,400,000 $3,400,000 $942,000 $2,458,000 $0 Phase 1 funding received in 2011 for Construction in 2012 - $952,000. Seeking funding for Phase II. New Arterial extending from SR531 North to 188th Street. 15 67th Ave, Ph 3 - 204th St to Lebanon St $8,600,000 $8,600,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 $600,000 $0 Widening and Rehabilitation of existing roadway with addition of pedestrian trail and sidewalks. Final Design Complete fall of 2011. Seeking Construction Funding. 16 186th St NE - SR9 to City Limits $2,000,000 $2,000,000 $500,000 $1,000,000 $500,000 $0 New 2 lane connection with sidewalks both sides. The total project estimate is $5M and was prepared by Snoh. County. The City's portion (SR9 to CL) is $2M. 17 Arlington Valley Road - 67th Ave NE to 204th St NE $3,600,000 $3,600,000 $100,000 $50,000 $5,000 $3,000,000 $445,000 $0 New 3 lane industrial standard road connecting 67th Ave NE to 204th St NE. Low impact design 18 SR9/Eaglefield Pedestrian Improvements $752,000 $752,000 $752,000 $0 Pedestrian Safety Improvements in two phases Grant approved - waiting re-allocation 19 173rd St ROW Procurement and Street Construction. $1,440,000 $1,440,000 $500,000 $440,000 $500,000 $0 Procure ROW for construction of 173rd Street connection to Smokey Point Blvd 20 Smokey Point Blvd 175th PL to 200th St NE PLANNING $16,060,000 $25,000 $12,500 $12,500 $16,035,000 Planning and Coordination with West Arlington Plan to determine improvements. 21 Smokey Point Blvd 200th St NE to SR530 PLANNING $3,400,000 $25,000 $12,500 $12,500 $3,375,000 Planning and Coordination with West Arlington Plan to determine improvements. TOTAL $176,701,000 $45,831,000 $20,685,500 $5,447,500 $3,506,500 $6,521,500 $2,088,500 $7,581,500 $130,870,000 Total WSDOT Funded $123,509,000 $15,924,000 $15,924,000 $0 $0 $0 $0 $0 $107,585,000 Total Grant Funded $2,652,000 $2,652,000 $2,652,000 $0 Total Other Funding (SnoCo)$7,231,000 $7,231,000 $0 $0 $0 $0 $0 $7,231,000 $0 Total City Funds $43,309,000 $20,024,000 $2,109,500 $5,447,500 $3,506,500 $6,521,500 $2,088,500 $350,500 $23,285,000 NOTES 1. Project completion dependant on funding availability. 2. City funding includes City Transportation funds and grants. Schedule for Adoption of 6 Year Transportation Plan 2012-2017 Action Date Deadline for Materials Review at Executive Status Meeting for Engineering and Maintenance & Operations 8/11/2011 Discussion at Council Workshop 7/25/2011 7/25/2011 Public Hearing at City Council 8/15/2011 8/4/2011 Discussion at Council Workshop 8/22/2011 8/18/2011 Adoption by Council 9/6/2011 8/21/2011 City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT E COUNCIL WORKSHOP DATE: July 25, 2011 SUBJECT: Public Hearing – Request to declare City Equipment Purchased by Utilities as Surplus and Authorize Sale at Auction through Adoption of Resolution DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • Resolution • List of Surplus Equipment EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: Revenues from Auction would be distributed back to appropriate Departments LEGAL REVIEW: Pending Review by City Attorney DESCRIPTION: Council is being asked to declare the listed equipment as surplus and authorize it for sale at public auction. Because some of the items were purchased with Utility Funds a Public Hearing is required to allow public comment. HISTORY: City Staff has reviewed the status of the listed equipment and determined that it is no longer functioning or repairable and should be declared surplus and sold at auction. Please see the attached list for specifics. ALTERNATIVES: • No Action at this Time RECOMMENDED ACTION: • No Action at this time – a Public Hearing has been scheduled for August 1, 2011. RESOLUTION NO. A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE. WHEREAS, the City has purchased the equipment listed on the attached Exhibit “A”; and WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of the City; and WHEREAS, because the equipment was purchased with utility funds, a public hearing was held before the Arlington City Council on August 1, 2011 to review this request and allow public comment, NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. The equipment/property described on the attached Exhibit “A” is declared surplus to the needs to the City. 2. Staff is instructed to sell all items for the best available price at sealed bid auction or properly dispose of items that it is unable to sell. Passed by the City Council of the City of Arlington at a regular meeting on the 1st day of August, 2011 __________________________________ Mayor Margaret Larson ATTEST: ___________________________________ Kristin Banfield, City Clerk/Asst. City Administrator Attachment A 1. WWTP EMERGENCY GENERATOR and 500 GALLON FUEL TANK Generator: (Includes Enclosure) Model # = 250DFAC ONAN Serial # = H920481182 Diesel Tank: (500 gallons) Manufactured by ACE TANK in Seattle, WA No serial number or equipment tag number 2. LIFT STATION #11 EMERGENCY GENERATOR (includes trailer) City ID# = 02130 Serial # = 2D 6858J 4023359 Model # = 8800 3. AC UNIT Kenmore Model # = H29B33VABCX Serial # = 709109-1552-0 4. 1999 FORD RANGER, EQUIP ID: WW-99 VIN #: City of Arlington Council Agenda Bill AGENDA ITEM: COUNCIL MEETING DATE: July 25, 2011 SUBJECT: Surplus of City Vehicle – Support 46 DEPARTMENT OF ORIGIN: Fire Contact: Bruce Stedman, 360-403-3601 ATTACHMENTS: - Proposed Resolution EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: City Attorney reviewed the proposed resolution DESCRIPTION: The Arlington Fire Department has a 2002 Ford Crown Victoria that is no longer in service with Support 46. The vehicle was passed down from the police department and the value of the vehicle is less than the required repair costs. ALTERNATIVES: Do not approve the proposed resolution. RECOMMENDED ACTION: No action. RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE WHEREAS, the City has purchased, or acquired through lawful forfeiture, the equipment listed on the attached Exhibit “A”; and WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of the City; and NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. The equipment/property described on the attached Exhibit “A” is declared surplus to the needs of the City. 2. Staff is instructed to sell all items for the best available price or properly dispose of items that it is unable to sell. Passed by the City Council of the City of Arlington at a regular meeting on the ____ day of _______, 2011. ________________________________ Margaret Larson, Mayor ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ______________________ Steven J. Peiffle, City Attorney Exhibit “A” Surplus Items Year/Make/Model/VIN Motor Vehicle 2002 Ford Crown Victoria /2FAFP71W32X143696 City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT F COUNCIL WORKSHOP DATE: July 25, 2010 SUBJECT: Discussion of Transportation Benefit District DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: No attachments – handout at meeting EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: Proposal to establish a Transportation Benefit District is a means to develop secure, long term funding for Arlington’s transportation infrastructure system. HISTORY: A Transportation Benefit District (TBD) is a quasi-municipal corporation and independent taxing district created for the sole purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the defined district. Cities, towns and counties may establish TBDs to fund capital improvements and operation of city streets, county roads and state highways, high capacity transportation systems, public transportation, and other transportation programs of regional or statewide significance including transportation demand management. Statutory authority for TBDs has existed for 20 years. However, until 2007, to establish a TBD required a vote of the people; in 2007 the law was amended to allow a City or County to form a TDB by ordinance following the procedures set forth in Chapter 36.73; however, before a county can form a TBD, it must first attempt to for a TBD with its cities. The main reason many municipalities have formed TBDs is to keep pace with the rising costs of maintaining transportation infrastructure. Funds generated by a TBD can be used for maintenance and improvements to city streets, investments in high capacity transportation, public transportation, transportation demand management and other transportation projects identified in a regional transportation planning organization plan. Please see handout for additional information. ALTERNATIVES: - Bring back for additional discussion at August, 2011Council Workshop RECOMMENDED ACTION: - Discussion only – no action is being requested at this time. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT G COUNCIL WORKSHOP DATE: July 25, 2011 SUBJECT: Stormwater Wetland Amenities Presentation DEPARTMENT OF ORIGIN: Public Works – Jim Kelly ATTACHMENTS: • PowerPoint Presentation EXPENDITURES REQUESTED: $ 26,000 (Estimate) BUDGET CATEGORY: Stormwater Capital – Wetland Project (409) LEGAL REVIEW: N/A DESCRIPTION: Presentation of amenities (picnic tables, shelters, benches, and kiosks) for the Stormwater Wetland. HISTORY: Construction of the Old Town Wetland nearing completion and the wetland area is ready for park amenities to be installed. The City’s Park maintenance staff has reviewed the Old Town Wetland site, identified locations for amenities, and has selected amenities for consideration. The selected amenities are fabricated from recycled plastic, are very durable, are the same as park amenities elsewhere in the City, and are very low maintenance. The purpose of this presentation is to apprise Council of proposed type, style and location of amenities for the Old Town Wetland. This same presentation will be made at the July 26, 2011 PARC for their input and recommendations. This item will return again for Council’s approval to procure and install the amenities. ALTERNATIVES: • Defer to staff for additional ideas or designs. RECOMMENDED ACTION: • No action requested – discussion only. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT H COUNCIL WORKSHOP DATE: July 25, 2011 SUBJECT: Stillaguamish Avenue Paving Project – Bid Results/Authority to Award DEPARTMENT OF ORIGIN: Public Works – Jim Kelly ATTACHMENTS: • None EXPENDITURES REQUESTED: $230,000 (a 2011 budgeted item; costs to be shared with Stillaguamish Tribe) BUDGET CATEGORY: Transportation Improvement Fund 310 LEGAL REVIEW: City Attorney will review all contract documents prior to Award DESCRIPTION: Bid Opening on this project is scheduled for July 28th at 11 AM. Staff will present a recommendation based on bid results for Council Action at the August 1, 2011 Council meeting. HISTORY: As part of a Memorandum of Understanding between the City of Arlington and the Cascade Valley Hospital, a City partner, the City agreed to rehabilitate Stillaguamish Ave after the Hospital’s expansion project was completed. The hospital project is complete and the City is now ready to rehabilitate Stillaguamish Ave between Highland and maple (grind, compact, and pave). Since this road section is listed on the Indian Reservation Road (IRR) inventory, the City contacted the Stillaguamish Tribe of Indians and inquired if they wanted to partner on this project. Casey Steven of the Stillaguamish Tribe agreed and the City and the Tribe began planning for this road repaving project. ALTERNATIVES: No Action at this time. RECOMMENDED ACTION: No Action at this time. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT I COUNCIL WORKSHOP DATE: July 25, 2011 SUBJECT: Ordinance Adopting Revisions to the Water Comprehensive Plan DEPARTMENT OF ORIGIN: Public Works – Jim Kelly ATTACHMENTS: • Handout at Council Workshop EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: HISTORY: As required by WAC 246-290-100, the City of Arlington updated its Water Comprehensive Plan (Plan) and adopted it in Sep 2010. The Plan details how the City will safely and efficiently operate and maintain the water system for the next six years (2010-2016). The Plan also includes a six year financial analysis of the Water Utility that examines the projected revenues and expenses required for the implementation of the Plan. A copy of the draft plan was provided to Marysville and the Snohomish County PUD for a concurrency review; their comments were addressed. A copy of the plan was also provided to the Department of Health for their review and approval. However, due to extensive review by DOH and additional work , the City was not able to address and incorporate DOH’s comments in time for the Sep 2010 adoption. ALTERNATIVES: • Do not adopt revisions. RECOMMENDED ACTION: • No action requested – discussion only. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT J COUNCIL MEETING DATE: July 25, 2011 SUBJECT: Ordinance amending Arlington Municipal Code Chapter 8.17 regarding the keeping of livestock, chickens, and bees DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance adopting amendments to AMC Chapter 8.17 in strikeout format - Ordinance adopting amendments to AMC Chapter 8.17 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: AMC Chapter 8.17 addresses the authorization for residents to keep livestock, chickens and bees and the regulations for doing so. Staff has prepared an ordinance reflecting the City Council’s direction that was provided at the June 13, 2011 and June 27, 2011 Council workshops. HISTORY: City Council reviewed its options at the Council Workshop on June 13, 2011 and recommended that an ordinance be developed for final adoption based upon its direction. Council requested additional review at the June 20, 2011 Council meeting with respect to the keeping of livestock and the regulations for doing so. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: No action at this time. ORDINANCE NO. 2011-xxx ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 8.17 OF THE ARLINGTON MUNICIPAL CODE REGARDING LIVESTOCK, CHICKEN AND BEE KEEPING REGULATIONS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington adopted some revisions to Arlington Municipal Code Title 8 in February 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 8; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 8.17.010 is amended to read as follows: 8.17.010 - Keeping animals in the city—General regulations. (a) Any person being the owner or entitled to the possession of any animal, be it livestock or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that the following conditions are adhered to. (1) Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120. (2) Livestock shall be kept by securely confining the same in a stable or other building; or an enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such animal therein; or the same may be securely staked out in a vacant lot in such manner that it cannot get upon any street, alley, or other public place within the city provided that the same is so confined or staked out as to effectively prevent it from getting within one hundred feet of any property line, dwelling or other building in which persons work or are accustomed to be, or near enough to the property of another to do damage thereto or commit any nuisance thereupon, specifically including bodies of water and wildlife corridors; and provided, further, that. Any such animal shall be considered as running at large when it breaks away from its fastenings or is herded or permitted to feed upon any public rights-of-way or public properties. ORDINANCE NO. 2011-xxx (3) All species of fowl except chickens, rabbit or pot bellied pigs shall be kept in an approved a building, pen or enclosure. All such structures must be set back at least ten (10) feet from any residential structure on an adjacent lot. Any building, pen or enclosure which houses such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. (64) All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. (75) All manure and other refuse must be kept in secure, tightly sealed containers and disposed of at least once a week in a manner approved by the animal control officer. (b) Chickens may be kept within the city limits of Arlington, provided: (1) No more than seven (7) hens, including chickens and chicks, may be kept per single-family residential lot. (2) No roosters are allowed. (3) Henhouses, coops and chicken tractors must be set back at least ten (10) feet from any residential structure on an adjacent lot. (4) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and maintained so that dust, manure and odors are not detectable beyond any property line. (5) Henhouses, coops and chicken tractors including chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure’s highest point. (bc) Hives or colonies of bees shall be kept in a manner in which they are inaccessible to the general public and so that bee movements to and from the hive do not interfere with the ordinary movements of persons on adjacent properties or the public right-of-way. Hives shall be located at least fifty feet from the nearest property line.may be kept within the city limits of Arlington, provided: (1) All colonies must be registered with the director of the department of agriculture of the state of Washington as provided in RCW 15.60.021. (2) All hives must be moveable frame hives. (3) A maximum of 2 hives are permitted if the lot is 15,000 square feet or less (4) A maximum of 5 hives are permitted if the lot is between than 15,000 square feet and 35,000 square feet (5) A maximum of 15 hives are permitted if the lot is more than 35,000 square feet. (6) Hives may not be located within 10 feet of the property line. ORDINANCE NO. 2011-xxx (cd) If any and all premises whereon any such animals are confined or kept are not kept in the manner provided in this chapter, such officer or officers shall at once notify the persons owning, possessing, or using the premises for such purpose to place the same in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith comply with such order. (de) Any person violating any of the provisions of this section shall be deemed guilty of a civil infraction and upon conviction thereof shall be fined an amount as set by council resolution. Section 2. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney ORDINANCE NO. 2011-xxx ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 8.17 OF THE ARLINGTON MUNICIPAL CODE REGARDING LIVESTOCK, CHICKEN AND BEE KEEPING REGULATIONS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington adopted some revisions to Arlington Municipal Code Title 8 in February 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 8; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 8.17.010 is amended to read as follows: 8.17.010 - Keeping animals in the city—General regulations. (a) Any person being the owner or entitled to the possession of any animal, be it livestock or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that the following conditions are adhered to. (1) Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120. (2) Livestock shall be kept by securely confining the same in a stable or other building; or an enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such animal therein; or the same may be securely staked in such manner that it cannot get upon any street, alley, or other public place within the city or near enough to the property of another to do damage thereto or commit any nuisance thereupon. Any such animal shall be considered as running at large when it breaks away from its fastenings or is herded or permitted to feed upon any public rights-of-way or public properties. (3) All species of fowl except chickens, rabbit or pot bellied pigs shall be kept in a building, pen or enclosure. All such structures must be set back at least ten (10) feet from any residential structure on an adjacent lot. Any building, pen or enclosure which ORDINANCE NO. 2011-xxx houses such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. (4) All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. (5) All manure and other refuse must be kept in secure, tightly sealed containers and disposed of at least once a week in a manner approved by the animal control officer. (b) Chickens may be kept within the city limits of Arlington, provided: (1) No more than seven (7) hens, including chickens and chicks, may be kept per single-family residential lot. (2) No roosters are allowed. (3) Henhouses, coops and chicken tractors must be set back at least ten (10) feet from any residential structure on an adjacent lot. (4) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and maintained so that dust, manure and odors are not detectable beyond any property line. (5) Henhouses, coops and chicken tractors including chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure’s highest point. (c) Hives or colonies of bees may be kept within the city limits of Arlington, provided: (1) All colonies must be registered with the director of the department of agriculture of the state of Washington as provided in RCW 15.60.021. (2) All hives must be moveable frame hives. (3) A maximum of 2 hives are permitted if the lot is 15,000 square feet or less (4) A maximum of 5 hives are permitted if the lot is between than 15,000 square feet and 35,000 square feet (5) A maximum of 15 hives are permitted if the lot is more than 35,000 square feet. (6) Hives may not be located within 10 feet of the property line. (d) If any and all premises whereon any such animals are confined or kept are not kept in the manner provided in this chapter, such officer or officers shall at once notify the persons owning, possessing, or using the premises for such purpose to place the same in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith comply with such order. (e) Any person violating any of the provisions of this section shall be deemed guilty of a civil infraction and upon conviction thereof shall be fined an amount as set by council ORDINANCE NO. 2011-xxx resolution. Section 2. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2011. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor ATTEST: ___________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney