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Home My WebLink About06-20-2011_Council Meeting Packet Arlington City Council June 20, 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 -Chuck Morrison, Red Cross 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 June 6 & 13, 2011 meetings ATTACHMENT A 2. Accounts Payable 3. Ordinance effecting the Thompson Annexation ATTACHMENT B 4. Ordinance effecting the Hilltop Sports Annexation ATTACHMENT C PUBLIC HEARING 1. Ordinance adopting new sections in AMC 20.96 regarding the process for ATTACHMENT D adopting an annual Comprehensive Plan docket by the City UNFINISHED BUSINESS NEW BUSINESS 1. Approval of Contract for 2011 Airport Roofing Projects ATTACHMENT E 2. Authorizing the Mayor to sign an MOU with the Employee ATTACHMENT F Representation Board 3. Ordinance - Revisions to various sections of AMC Title 9 as requested ATTACHMENT G by City Prosecutor 4. Ordinance - Adding a new chapter to AMC Title 2 – Volunteer Firefighters’ ATTACHMENT H and Reserve Police Officers’ Relief and Compensation Fund 5. Ordinance – Adding a new chapter to AMC Title 2 -- Public Records Index ATTACHMENT I 6. Ordinance amending AMC Chapter 8.17 regarding Chicken & Bee ATTACHMENT J Keeping Regulations DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To download all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third June 6, 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: Everyone was present tonight. City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Police Officer Rory Bolter, Cristy Brubaker, Jan Bauer, and Steve Peiffle – City Attorney Also Known to be Present: Neil Knutson, The Family of Eric Scott, Jim Rankin, Mike Hopson, Sarah Arney – North County Outlook, Chris Trujillo – The Arlington Times Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Steve Baker moved to approve the Agenda. Sally Lien seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Presentation to Kaitlyn Scott for Girl Scout Bronze Award Mayor Larson introduced Girl Scott Katilyn Scott who then addressed her project of taking care of pets, earning her Girl Scout badges, and her latest achievement, the Girl Scout Bronze Award. Mayor Larson presented her a certificate and a pin and she shook hands with each Council member. PUBLIC COMMENT Kari Ilonummi, mayoral candidate, addressed the nation’s recession. Deborah Nelson President, Downtown Arlington Business Association, spoke regarding the lack of parking in downtown Arlington, and she made specific suggestions, distributing ideas that would allow for additional parking. Eyleen McCluskey-Shouman, 7607 West Country Club Drive, Arlington, spoke in favor of allowing golf carts on streets in the Gleneagle area. 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 May 16 and 23, 2011 meetings 2. Accounts Payable Approval of EFT Payments and Claims Checks #73533 through #73742 dated May 17, 2011 through June 6, 2011 in the amount of $1,641,692.40 and Approval of EFT Payments and Payroll Checks #27210 through #27253 for the period of May 1, 2011 through May 31, 2011 in the amount of $1,177,033.78 PUBLIC HEARING There was no Public Hearing. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT June 6, 2011 Page 2 of 3 UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Authority to Contract with Snohomish County for Road Striping Special Projects Manager Paul Ellis to the quotes received for 2011 road striping. He distributed a new resolution, slightly different than the one distributed earlier. Mr. Ellis then answered Council questions. Scott Solla moved to approve the City to issue a Work Order to Snohomish County for the 2011 scheduled City road stripping. Marilyn Oertle seconded the motion that passed with a unanimous vote. Resolution to Surplus Equipment Mr. Ellis asked for the sale of surplus of equipment no longer in use with proceeds to go to the equipment replacement budget. He then answered Council questions. Discussion and additional information followed. Scott Solla moved to approve the proposed resolution to surplus vehicles and equipment. Sally Lien seconded the motion that passed with a unanimous vote. Ordinance Adopting Revisions to AMC Title 8 Assistant City Administrator Kristin Banfield noted that revisions have been made to the regulations regarding dogs. She then answered Council questions. City Attorney Steve Peiffle also clarified Council questions regarding the total number of pets allowed, which is 7. Steve Baker moved to adopt the proposed Ordinance amending, repealing, and adding sections to AMC Title 8 regarding Animals. Sally Lien seconded the motion that passed with a unanimous vote. Ordinance to Correct a Typographical Error in AMC 2.32.040 Ms. Banfield addressed the typographical error. Steve Baker moved to approve the proposed Ordinance revision AMC Sections 2.32.040 to correct a typographical error. Dick Butner seconded the motion that passed with a unanimous vote. Collective Bargaining Agreement with the Arlington Police Officers Association City Administrator Allen Johnson distributed and then addressed changes in the agreement regarding the health insurance issues. He gave a background of the negotiations. City Attorney Steve Peiffle then clarified the proposed motion. Dick Butner moved to authorize the Mayor to sign the 2010-2012 Collective Bargaining Agreement with the Arlington Police Officers Association, as revised, and subject to review by the City Attorney. Sally Lien seconded the motion that passed with a unanimous vote. Collective Bargaining Agreement with the IAFF Local No. 3728 ATTACHMENT G Mr. Johnson addressed the negotiations and distributed changes that have been made. Mr. Peiffle asked that this motion be revised, as well. Sally Lien moved to authorize the Mayor to sign the 2011-2013 Collective Bargaining Agreement with IAFF Local No. 3728, as revised, and subject to review by the City Attorney. Dick Butner seconded the motion that passed with a unanimous vote. AMINISTRATOR’S REPORT Completion of the new Fire station has been delayed, and the ribbon cutting ceremony will take place on Saturday August 13. MAYOR’S REPORT Mayor Larson gave a brief report. Minutes of the City of Arlington City Council Meeting DRAFT June 6, 2011 Page 3 of 3 COUNCIL MEMBER REPORTS – OPTIONAL Dick Butner, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker gave brief reports, while Sally Lien had nothing to report at this time. EXECUTIVE SESSION City Attorney announced that there would be need for an Executive Session to discuss pending or potential litigation [RCW 42.30.110(1)(i)] to last for approximately 15 minutes with no action to be taken during or after the Session. The meeting was adjourned into Executive Session at 8:10 PM, after a 5-minute break. RECONVENE The meeting was reconvened at 8:27PM, and with no further business to come before the Council, the meeting was immediately adjourned. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street June 13, 2011 Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, Steve Baker, Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Police Officer Rory Bolter, Rob Putnam, Bill Blake, Cristy Brubaker, Kurt Patterson, Sherri Phelps, Julie Good, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: There were no Council members absent. Also Known to be Present: Neil Knutson, Mike Hopson, and Jim Rankin Mayor Larson called the meeting to order at 7:00PM. Steve Baker moved to approve the Agenda, and Sally Lien seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS ~ NO FINAL ACTION WAS TAKEN Authorize the Mayor to Sign an MOU with the Employee Representation Board City Administrator Allen Johnson addressed the Employee Representative Board Memorandum of Understanding, when he then presented. He em phasized the importance of the document, and positive Council comments followed. The Board should include 5 members. Shoreline Master Plan Update Natural Resources Manager Bill Blake addressed the Council on the Shoreline Master Plan Update, for which he would seek approval in July. He then went through the adoption process and addressed the use matrix. At the conclusion of his presentation Mr. Blake answered Council questions. Airport Master Plan Update Airport Manager Rob Putnam addressed the Airport Master Plan Update. He gave a brief history of the Master Plan Update and some of the items that have been changed or added. These are ready for final approval. He answered Council questions and reviewed some of the issues that have now been resolved. Approval of Contract for 2011 Airport Roofing Projects Mr. Putnam reviewed the roofing projects on two buildings and spoke to the bids that have been received for both of the roofs. The request for Council approval will allow for a 5% contingency fund. Mr. Putnam then answered Council questions. AMC Chapter 8.17 – Chicken & Bee Keeping Regulations Assistant City Administrator Kristin Banfield presented the Regulations for Chickens and Bees. She addressed the regulations for bee keeping, also for keeping chickens and also asked for direction regarding chickens and bees. A lengthy discussion followed, also questions and answers. Revisions to Various AMC Sections - Requested by City Prosecutor Ms. Banfield presented Amendments, as requested by the City Prosecutor, briefly addressing some of the requested changes. These changes will now be put into Ordinance form for Council review. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT June 13, 2011 Page 2 of 2 Adding a New Section to AMC Title 2 – Volunteer Firefighters’ and Reserve Police Officers’ Relief and Compensation Fund Ms. Banfield presented and briefly discussed the formation of this local Board. Public Records Index Ordinance Ms. Banfield briefly presented the requested Ordinance regarding the maintenance of City records. She then answered Council questions. Miscellaneous Council Items Scott Solla stated that he intends to teleconference at the next meeting, as he will be on the road and unable to physically attend the next Council meeting. Discussion followed. It was suggested that the ability to vote while teleconferencing be discussed by the Council. A Council Retreat will take place on June 24. The meeting was adjourned at 8:14PM. ____________________________ Margaret Larson, Mayor Community Development City Council Agenda Bill AGENDA ITEM: Consent Agenda #3 ATTACHMENT B COUNCIL MEETING DATE: June 20, 2011 SUBJECT: Consideration of Ordinance for the Thompson Annexation (File No. PLN20100015) DEPARTMENT OF ORIGIN: Community Development ATTACHMENTS: 1. Proposed Ordinance for the Thompson Annexation 2. Boundary Review Board Decision Summary, BRB No. 07-2010, Thompson Annexation 3. Tax Parcel/Vicinity Map 4. Legal Description EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A DESCRIPTION: This is a proposal to annex approximately 14.04 acres located on the northeast corner of 172nd Street NE/SR 531 and SR 9. The property is within the City Urban Growth Area, and the current City limits abut the proposed annexation area on the west. The City’s Comprehensive Plan designates the area as General Commercial, and the zoning map pre-zones this area as General Commercial. HISTORY: Jim Thompson, submitted an application for annexation/Annexation 10% Petition form on June 14, 2010. On July 12, 2010 Council approved the 10% Petition to Annex. Since that time, staff has worked with the applicant and the County to determine the amount of right-of-way to include in the proposed annexation. The attached maps show the current area proposed for annexation. On November 15, 2010 the Council approved the 60% Petition to Annex. On April 11, 2011 the County Council invoked the jurisdiction of the Boundary Review Board and public hearings were held on May 17, 2011 and June 7, 2011. The Boundary Review Board approved the annexation on June 7th. ALTERNATIVES: 1. Approved the annexation as recommended. 2. Remand the issue to staff for further information. 3. Deny the annexation. RECOMMENDED ACTION: Approve proposed Ordinance for the Thompson Annexation (File No. PLN20100015). ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ANNEXING TO THE CITY OF ARLINGTON A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON WHEREAS, the matter of the passage of this ordinance came regularly before the City Council of the City of Arlington, Washington this day; and WHEREAS, the annexation commonly known as the Thompson Annexation was referred to the Snohomish County Boundary Review Board; WHEREAS, the Boundary Review Board’s jurisdiction was invoked by the Snohomish County Council; and WHEREAS, the Snohomish County Boundary Review Board has returned said annexation to the City of Arlington for further proceedings; and WHEREAS, the City Council wishes to formally annex the area pursuant to the request from the property owners; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS: Section 1. The following described property shall be and is hereby annexed to and included within the corporate limits of the City of Arlington, Snohomish County, State of Washington: See legal description attached hereto as Exhibit A, said property to be annexed and taxed at the same general rate and on the same general basis as the property in the City of Arlington is assessed and taxed to pay for any presently outstanding indebtedness of the City of Arlington which has been contracted prior hereto, or exists at, the date of this annexation. Section 2. The property shall have a land use designation of General Commercial pursuant to the Arlington Comprehensive Plan, and shall be zoned General Commercial (GC) in accordance with the provisions of the Arlington Municipal Code Title 20 (Land Use Code) and the Official City Zoning Map applicable to this annexation. Section 3. The resident population of the annexed area shall be determined by or under the direction of the Mayor, and the certificate shall be submitted, all in accordance with the RCW 35A.14.700; the City Clerk or his/her designee shall submit one certified copy of this ordinance to the County Council of Snohomish County, through the Snohomish County Boundary Review Board; the City Clerk shall submit a certified copy of this ordinance to the Washington Survey and Rating Bureau; and the City Clerk shall take such other action as is required by law as a result of this annexation. Section 4. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. PASSED by the City Council and APPROVED by the Mayor, at a regular meeting thereof held on this 20th day of June 2011. CITY OF ARLINGTON _________________________________ Margaret Larson, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: _________________________________ Steven J. Peiffle, City Attorney Community Development City Council Agenda Bill AGENDA ITEM: Consent Agenda #4 ATTACHMENT C COUNCIL MEETING DATE: June 20, 2011 SUBJECT: Consideration of Ordinance for Hilltop Sports Annexation (File No. PLN20100004) DEPARTMENT OF ORIGIN: Community Development ATTACHMENTS: 1. Proposed Ordinance for the Hilltop Sports Annexation 2. Boundary Review Board Decision Summary, BRB No. 06-2010, for Hilltop Sports 3. Tax Parcel/vicinity map 4. Legal Description EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: Steve Peiffle DESCRIPTION: This is a request to annex approximately 29.07 acres located on the southwest corner of 172nd Street NE/SR 531 and SR 9. The property is within the City Urban Growth Area, and the current City limits abut the proposed annexation area on the north. The City’s Comprehensive Plan designates the area as General Commercial, and the zoning map pre-zones this area as General Commercial. HISTORY: Thomas Barry on behalf of S. Jay Lee and Hilltop Sports, LLC, submitted an application for annexation/Annexation 10% Petition form on February 17, 2010. On April 5, 2010 Council approved the 10% Petition to Annex. Since that time, staff has worked with the County and the applicant to determine the amount of right-of-way to annex on 172nd and on SR 9. In addition, one additional signature was requested by the County to complete the 60% Petition. The 60% Petition was approved by Council on November 15, 2010. On April 11, 2011 the County Council invoked jurisdiction of the Boundary Review Board and hearings were held on May 17, 2011 and June 7, 2011. The Boundary Review Board approved the annexation on June 7th. ALTERNATIVES: 1. Approve the annexation as recommended. 2. Remand the issue to staff for further information. 3. Deny the annexation. RECOMMENDED ACTION: Approve the proposed Ordinance for the Hilltop Sports Annexation (File No. PLN20100004). ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ANNEXING TO THE CITY OF ARLINGTON A PORTION OF THE NORTHWEST QUARTER OF SECTION 25 AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON WHEREAS, the matter of the passage of this ordinance came regularly before the City Council of the City of Arlington, Washington this day; and WHEREAS, the annexation commonly known as the Hilltop Sports Annexation was referred to the Snohomish County Boundary Review Board; WHEREAS, the Boundary Review Board’s jurisdiction was invoked by the Snohomish County Council; and WHEREAS, the Snohomish County Boundary Review Board has returned said annexation to the City of Arlington for further proceedings; and WHEREAS, the City Council wishes to formally annex the area pursuant to the request from the property owners; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS: Section 1. The following described property shall be and is hereby annexed to and included within the corporate limits of the City of Arlington, Snohomish County, State of Washington: See legal description attached hereto as Exhibit A, said property to be annexed and taxed at the same general rate and on the same general basis as the property in the City of Arlington is assessed and taxed to pay for any presently outstanding indebtedness of the City of Arlington which has been contracted prior hereto, or exists at, the date of this annexation. Section 2. The property shall have a land use designation of General Commercial pursuant to the Arlington Comprehensive Plan, and shall be zoned General Commercial (GC) in accordance with the provisions of the Arlington Municipal Code Title 20 (Land Use Code) and the Official City Zoning Map applicable to this annexation. Section 3. The resident population of the annexed area shall be determined by or under the direction of the Mayor, and the certificate shall be submitted, all in accordance with the RCW 35A.14.700; the City Clerk or his/her designee shall submit one certified copy of this ordinance to the County Council of Snohomish County, through the Snohomish County Boundary Review Board; the City Clerk shall submit a certified copy of this ordinance to the Washington Survey and Rating Bureau; and the City Clerk shall take such other action as is required by law as a result of this annexation. Section 4. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. PASSED by the City Council and APPROVED by the Mayor, at a regular meeting thereof held on this 20th day of June 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: Public Hearing ATTACHMENT D COUNCIL MEETING DATE: June 20, 2011 SUBJECT: PUBLIC HEARING - Minor Land Use Code Amendments – Annual Docketing Process for Comp Plan Amendments (PLN20110023) DEPARTMENT OF ORIGIN: Community Development – David Kuhl, Todd Hall ATTACHMENTS: 1. City Council Staff Report. 2. Proposed text amendments to Chapter 20.96. EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Reviewed by City Attorney. DESCRIPTION: Minor land use code amendments to AMC Chapter 20.96 Amendments to establish the annual docketing process for Comprehensive Plan Amendments. HISTORY: Planning Commission reviewed the amendments at their meeting on May 3, 2011. City Council reviewed the amendments at their workshop on May 9, 2011. Planning Commission held a public hearing on June 7, 2011 and recommended that the City Council approve the proposed amendments. ALTERNATIVES: No action. RECOMMENDED MOTION: Move to adopt the ordinance approving the amendments to AMC 20.96 Amendments (PLN20110023) as presented by Community Development staff and recommended for approval by the Planning Commission. PLANNING DIVISION STAFF REPORT To: Arlington City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Hearing Date: June 20, 2011 Project: PUBLIC HEARING - Proposed Amendments to Title 20, Land Use Code, Chapter 20.96 Amendments (PLN20110023) A. INTRODUCTION The proposed amendments to Chapter 20.96, Title 20, Land Use Code of the Arlington Municipal Code (AMC) include new regulations to establish formal annual docketing procedures for Comprehensive Plan amendments. The amendments include review procedures, selection and decision criteria, and minor correction exemptions. The procedures have been modeled from similar procedures established by other local jurisdictions. B. GENERAL INFORMATION Applicant/Owner: City of Arlington, 238 N. Olympic Ave., Arlington, WA 98223 Contact: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner General Location: City-wide Project Description: Proposed Amendments to Title 20, Land Use Code, Chapter 20.96 Amendments (PLN20110023) Requested Action: Hold public hearing and make a motion to approve the ordinance adopting the Proposed Amendments to Title 20, Land Use Code, Chapter 20.96 Amendments (PLN20110023) Review Process: See Title 20 – Land Use Code of AMC, Chapter 20.96 Amendments Exhibits: Draft Land Use Code Chapters 20.96 Community Development Planning Division PLN20110023, AMC Chapter 20.96 Land Use Code Amendments June 20, 2011 2 C. BACKGROUND INFORMATION The Comprehensive Plan is a document which guides the nature and intensity of development in the City of Arlington. An amendment to the plan is a mechanism by which the City may periodically modify its land use, development, or growth policies to reinforce the role of the plan in guiding growth in our community. A Comprehensive Plan amendment may involve a related change in development regulations or the City’s official zoning map. Any proposal for a related development regulation or zoning map amendment should be included on the comprehensive plan amendment application and is subject to the same procedures and timeline. In order for a citizen and/or the City to propose a Comprehensive Plan amendment, an application is required to be submitted by the applicant. Per RCW 36.70a.130, applications for amendments shall be considered no more than once per year. The City of Arlington has established the annual due date for amendments as January 31st. Projects that are submitted by the deadline are placed on a preliminary list called a “docket.” The docket is reviewed by both the Planning Commission and City Council and public hearings are held prior to adoption. The City Council approves the “final docket” by resolution. Regulations defining the Comprehensive Plan amendment process are found in Chapter 20.96 Amendments in Title 20, Land Use Code. However, currently there is no formal process for docketing. These proposed regulations establish that process in the code. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendments to development regulations are subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). The City’s SEPA official has determined that the proposed Land Use Code Amendments will not have a probable adverse impact on the environment. Therefore, an Environmental Impact Statement (EIS) was not required. On April 22, 2011, a Determination of Non-Significance (DNS) was issued for the Minor Land Use Code Amendments – AMC 20.96 Amendments (PLN20110023). No comments were received on the DNS. PLN20110023, AMC Chapter 20.96 Land Use Code Amendments June 20, 2011 3 2. PUBLIC NOTIFICATION/INVOVEVMENT: a. Presentations and/or updates were given to the Planning Commission on May 3, 2011 and City Council workshop on May 9, 2011. A public hearing was held at Planning Commission on June 7, 2011. b. A Notice of Public Hearing for the June 7, 2011 Planning Commission meeting and June 20, 2011 City Council meeting was posted at the Arlington and Smokey Point Post Offices, the Arlington Library and City Hall on May 25, 2011. The Notice was also published in the Everett Herald and Arlington Times. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION: On April 19, 2011, the Minor Land Use Code Amendments – AMC 20.96 Amendments was submitted to the Washington State Department of Commerce (DOC), Material ID #16877 and the DOC notified the City on April 19, 2011 that it was in procedural compliance with RCW 36.70A.106. 4. GROWTH MANAGEMENT ACT: In accordance with RCW 36.70A.130, a city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter. In addition, per AMC 20.96.010, amendments to the text of the Land Use code or the zoning map may be made in accordance with the provisions of AMC 20.96. The proposed amendments are in accordance with this provision. D. ANALYSIS The proposed amendments include changes to Chapter 20.96 Amendments of Title 20, Land Use Code. These amendments will establish the annual docketing procedures for Comprehensive Plan amendments. F. FINDINGS AND CONCLUSIONS 1. Chapter 20.96 of Title 20, Land Use Code include regulations for Comprehensive Plan and zoning map amendments. 2. It is in the best interest of the City to adopt such regulations in order to establish formal annual docketing procedures for Comprehensive Plan amendments. 3. On May 3, 2011, the Planning Commission briefly reviewed the draft amendments to AMC Chapter 20.96 their regular meeting. PLN20110023, AMC Chapter 20.96 Land Use Code Amendments June 20, 2011 4 5. On May 9, 2011, the City Council reviewed the draft amendments to AMC Chapters 20.96 at their workshop. 6. A Determination of Non-Significance (DNS) for PLN20110023 was issued on April 22, 2011. No comments were received. 7. The draft amendments were submitted to the DOC in accordance with RCW 36.70A.106 and the submittal met all DOC’s procedural requirements. 8. Notice of public hearing was published in the May 25, 2011 Everett Herald and Arlington Times for the June 7, 2011 Planning Commission public hearing and the June 20, 2011 City Council public hearing. 9. On May 25, 2011, a Notice of Public Hearing for the June 7, 2011 Planning Commission public hearing and the June 20, 2011 City Council public hearing was posted at Arlington City Hall, Arlington Post Office, Smokey Point Post Office and the Arlington Public Library. 10. The application for PLN20110023 has been reviewed for consistency with the Title 20, Land Use Code of the Arlington Municipal Code and the proposed amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 11. PLN20110023 has been reviewed in accordance with, and is consistent with, the Arlington Municipal Code. 12. The proposed Minor Land Use Code Amendments were prepared in accordance with the Revised Code of Washington (RCW) 35A.70a.130. 13. Documentation supporting the findings of fact is located in the file PLN20110023, which is adopted by reference into this approval. 14. Adoption of the proposed Land Use Code Amendments, PLN20110023, furthers the public health, safety and general welfare. G. RECOMMENDATION Staff recommends that the Arlington City Council hold a public hearing and make a motion to approve the ordinance adopting the proposed amendments to Title 20, Land Use Code – 20.96 Amendments, PLN20110023. Title 20—Land Use Code Chapter 20.96: Am endm ents City of Arlington 20.96 - 1 1/31/2011June 2011 Chapter 20.96 AMENDMENTS Sections: 20.96.010 Amendments in General. 20.96.020 Initiation of Amendments. 20.96.022 Docketing Procedures - Comprehensive Plan Amendments. 20.96.024 Selection and Decision Criteria - Comprehensive Plan Amendments. 20.96.026 Selection and Decision Criteria - Text and Zoning Map Amendments. 20.96.030 Public Hearings on Amendments. 20.96.050 Planning Commission Consideration of Proposed Amendments. 20.96.060 Council Action on Amendments. 20.96.070 Ultimate Issue Before Council on Amendments. 20.96.080 Minor Corrections Exempt. 20.96.010 Amendments in General. (a) Amendments to the text of this Title or to the zoning map may be made in acco rdance with the provisions of this chapter. (b) The term major map amendment shall refer to an amendment that addresses the zoning district classification of five or more tracts of land in separate ownership or any parcel of land (regardless of the number of lots or owners) in excess of 50 acres. All other amendments to the zoning district map shall be referred to as minor map amendments. (c) Amendments to the text of the Comprehensive Plan or to the Land Use Map may be made in accordance with provisions of this chapter. (d) W ith the exception to those instances listed in AMC 20.96.010(e), Tthe Comprehensive Plan may not be amended more than once a year (RCW 36.70A.130) and therefore requests for amendments will be deferred to the time of an annual public hearing. Only amendments submitted no later than the last working day of January each calendar year will be reviewed for the annual cycle. (e) Exceptions to Annual Cycle. Amendments to the Comprehensive Plan may be considered more frequently than once per year in any of the following circumstances: 1. Resolution of an emergency condition or situation. Council shall confirm the Director’s f inding that such an emergency exists. 2 Resolution of a decision by an administrative agency or court of competent jurisdiction. (d) 3. For any reasons specif ied in RCW 36.70A.130(2), as hereinafter amended. (Amended by Ord. xxx, x/x/11) 20.96.020 Initiation of Amendments. (a) W henever a request to amend this Title is initiated by the City Council, the Planning Commission, or the City Administration, the City Attorney in consultation with the planning staff shall draft an appropriate ordinance and schedule a public hearing before the Planning Commission, unless the code amendment is of an emergency nature, in which case a public hearing can be scheduled before the City Council without Planning Commission consideration. (b) Any other person may also petition the Council to amend this Title by submitting an application f or a Code Amendment, signed by both the applicant and the property owner. The application shall be filed with the Community Development Department and shall Title 20—Land Use Code Chapter 20.96: Am endm ents City of Arlington 20.96 - 2 1/31/2011May 2011 include, among the information deemed relevant by the Community Development Director or his or her designee: (Amended by Ord. 1312, 11/17/03; and by Ord. 1365, 6/13/05) 1. The name, address, and telephone number of the applicant, 2. A description of the land affected by the amendment if a change in zoning district classif ication is proposed, 3. Public Notice Materials as required by §20.24.020 (Public Notice), 4. A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this Title, and, 5. If necessary, an environmental checklist and any other documentation needed to comply with SEPA (including but not limited to special studies). (c) Upon receipt of a petition as provided in Subsection (b), the Community Development Director shall either: (Amended by Ord. 1312, 11/17/2003) 1. Treat the proposed amendment as one initiated by the city administration and proceed in accordance with Subsection (a) if he believes that the proposed amendment has significant merit and would benef it the general public, or 2. Forward the petition to the appropriate hearing body for a public hearing. (d) Comprehensive Plan amendments shall comply with the procedures as required by §20.96.030 and §20.96.040. (Amended by Ord. xxx, x/x/11) 20.96.022 Docketing Procedures – Comprehensive Plan Amendments. (a) The City shall compile and maintain a list, known as a ―docket,‖ of all City-initiated and privately-initiated proposed Comprehensive Plan amendments. The list shall be organized as to amendment type and include a description of the amendment in nontechnical terms, as well as the name of the applicant and date of submission to the City. The preliminary docket shall be made available to the public for review and comment for at least 15 days prior to consideration by the Planning Commission. W ritten comments that are submitted by the end of the comment period shall be added to the preliminary docket. The final docket will be determined as described in AMC 20.96.030(b). (b) Preliminary review – Determination of Final Docket. 1. Staff Evaluation. The Community Development Director shall conduct a brief initial evaluation of all privately-initiated proposed Comprehensive Plan amendments to ascertain whether the proposals meet the preliminary review criteria in AMC 20.96.030(c) and to assess the extent of review that would be required under the State Environmental Policy Act (SEPA). The Director shall make a recommendation to the Planning Commission as to which proposed amendments should be included in the final docket, along with any City- initiated proposed amendments. 2. Joint W orkshop. During each annual amendment cycle, the City Council and Planning Commission may, at the City Council’s discretion, hold a noticed joint workshop to serve as an informational meeting between the two governmental bodies. 3. Planning Commission Hearing. The Planning Commission shall hold a noticed hearing on selection of proposed amendments for the final docket. 4. City Council Decision. The City Council shall consider the Planning Commission’s recommended final docket. Council may adopt the proposed final docket without a public hearing; however, in the event that a majority of the Council decides to add or subtract amendments, it shall f irst hold a public hearing. No additional amendments may be considered after Council adoption of the docket for that year, except as provided in AMC 20.96.010(e). The final docket shall be approved by resolution. (Amended by Ord. xxx, x/x/11) Title 20—Land Use Code Chapter 20.96: Am endm ents City of Arlington 20.96 - 3 1/31/2011May 2011 20.96.024 Selection and Decision Criteria – Comprehensive Plan Amendments. Considering that the Comprehensive Plan was developed after significant study and public participation, the principles, goals, objectives, and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof f or j ust if ying a proposed amendment r est s wit h t he applicant . T he Cit y Council’s approval, modif ication, deferral, or denial of an amendment proposal shall be based on the f ollowing criteria: (a) Proposed amendments that meet one of the following criteria may be included in the final docket: 1. If the proposed amendment is site specific, the subject property is suitable for development in general conf ormance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classif ications. 2. State law requires or a decision of a court or administrative agency has directed such a change. 3. There exists an obvious technical error in the pertinent Comprehensive Plan provision. (b) Proposed amendments that do not meet one of the criteria in subsection (1) of this section shall meet all of the following criteria: 1. The amendment represents a matter appropriately addressed through the Comprehensive Plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety and welfare of the City. 2. The amendment does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by the City Council. 3. The proposed amendment addresses significantly changed conditions since the last time the pertinent Comprehensive Plan map or text was amended. ―Significantly changed conditions‖ are those resulting from unanticipated consequences of an adopted policy, or changed conditions on the subject property or its surrounding area, or changes related to the pertinent Comprehensive Plan map or text, where such change has implications of a magnitude that need to be addressed for the Comprehensive Plan to function as an integrated whole. 4. The proposed amendment is consistent with the Comprehensive Plan and other goals and policies of the City, the Countywide Planning Policies, the Growth Management Act, other State or Federal law, and the W ashington Administrative Code and other applicable law. (Amended by Ord. xxx, x/x/11) 20.96.026 Selection and Decision Criteria – Text and Zoning Map Amendments. (a) The City Council’s approval, modif ication, deferral, or denial of an amendment proposal shall be based on the following criteria: 1. The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan; 2. The proposed amendment is consistent with the scope and purpose of the City’s zoning ordinances and the description and purpose of the zone classification applied for; 3. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; 4. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; 5. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classif ication; Title 20—Land Use Code Chapter 20.96: Am endm ents City of Arlington 20.96 - 4 1/31/2011May 2011 6. Adequate public services could be made available to serve the full range of proposed uses in that zone. (Amended by Ord. Xxx, x/x/11) 20.96.030 Public Hearings on Amendments. (a) Except as provided by Subsection (b), an open record public hearing before either the Planning Commission or City Council is required for all amendments to this Title or the Comprehensive Plan. In addition, on text, or major map amendments or Comprehensive Plan amendments, a hearing before the City Council may also be held if the Council so chooses. (b) Emergency ordinances may go to the City Council directly pursuant to and in compliance with the RCW governing emergency ordinances. (c) The City shall give public notice as required per §20.24.020 (Public Notice). 20.96.050 Planning Commission Consideration of Proposed Amendments. (a) The Planning Commission shall endeavor to review the proposed amendment in a timely fashion. However, if the Planning Commission is not prepared to make recommendations at conclusion of the public hearing, the Community Development Director may forward the matter to City Council without a Planning Commission recommendation. (Amended by Ord. 1312, 11/17/2003) (b) The Council need not await the recommendations of the Planning Commission before taking action on a proposed amendment, nor is the Council bound by any recommendations of the Planning Commission that are bef ore it at the time it takes action on a proposed amendment. 20.96.060 Council Action on Amendments. (a) On text or minor map amendments, the Council shall hold a closed record hearing prior to rendering a f inal decision. For text, or major map amendments or Comprehensive Plan amendments, the Council may, at their discretion, hold either a closed or open record hearing prior to rendering a f inal decision. (b) At the conclusion of its consideration on a proposed amendment, the cCouncil may proceed to vote on the proposed ordinance, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure. (c) The cCouncil is not required to take final action on a proposed amendment within any specif ic period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs. (d) Voting on amendments to this Title or the Comprehensive Plan shall proceed in the same manner as other ordinances. 20.96.070 Ultimate Issue Before Council on Amendments. In deciding whether to adopt a proposed amendment to this tTitle or the Comprehensive Plan, the central issue before the council is whether the proposed amendment advances the public health, safety, or welf are. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the presiding official and excluded. In particular, when considering proposed minor map amendments: (a) The cCouncil shall not consider any representations made by the petitioner that if the change is granted the rezoned property will be used for only one of the possible range of uses permitted in the requested classif ication. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classif ication. Title 20—Land Use Code Chapter 20.96: Am endm ents City of Arlington 20.96 - 5 1/31/2011May 2011 (b) The cCouncil shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large. (c) The Council shall consider Comprehensive Plan Amendments and Text and Zoning Map Amendments as recommended by the Planning Commission using the criteria established in AMC 20.96.040 and AMC 20.96.050, respectively. If there are substantial changes to the proposed amendments after the public hearing by the Planning Commission, a second public hearing before the Council is required. If there are no substantial changes, the Council may choose whether or not to hold another public hearing. The City shall transmit a copy of the Comprehensive Plan amendments to Department of Commerce within 10 days of the City Council’s f inal adoption. (Amended by Ord. xxx, x/x/11). 20.96.080 Minor Corrections Exempt. An amendment that does not result in any substantive change to the content or meaning of a development regulation, such as a correction to punctuation or numbering or a typographical or technical error, shall be exempt f rom the notice and hearing requirements of this chapter. In such cases, the Director may make a recommendation directly to the City Council. (Amended by Ord. xxx, x/x/11). ORDINANCE NO. _____ 1 ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.96 OF TITLE 20 OF THE ARLINGTON MUNICIPAL CODE WHEREAS, the City of Arlington, Washington has the authority to regulate land uses within the City; and WHEREAS, the City of Arlington has adopted a land use code and development design guidelines; and WHEREAS, following adoption of said land use code, various technical corrections or amendments are necessary to provide for internal consistency and to improve the code; and WHEREAS, the Planning Commission considered these amendments at a public hearing on June 7, 2011, in which the Planning Commission recommended to the City Council to adopt the amendments. The City Council considered these amendments at their May 9, 2011 workshop and at a public hearing on June 20, 2011 and determined approving the amendments was in the best interest of the City and its citizens; and NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code §20.96.010(d) shall be amended to read as follows: (d) With the exception to those instances listed in AMC 20.96.010(e), the Comprehensive Plan may not be amended more than once per year (RCW 36.70A.130) and therefore requests for amendments will be deferred to the time of an annual public hearing. Only amendments submitted no later than the last working day of January each calendar year will be reviewed for the annual cycle. Section 2. A new Arlington Municipal Code section 20.96.010(e) shall be added to read as follows: (e) Exceptions to Annual Cycle. Amendments to the Comprehensive Plan may be considered more frequently than once per year in any of the following circumstances: 1. Resolution of an emergency condition or situation. Council shall confirm the Director’s finding that such an emergency exists. 2. Resolution of a decision by an administrative agency or court of competent jurisdiction. 3. For any reasons specified in RCW 36.70A.130(2), as hereafter amended. ORDINANCE NO. _____ 2 Section 3. A new subsection (d) shall be added to Arlington Municipal Code §20.96.020 to read as follows: (d) Comprehensive Plan amendments shall comply with the procedures as required by §20.96.030 and §20.96.040. Section 4. A new Arlington Municipal Code §20.96.022 shall be added to read as follows: 20.96.022 Docketing Procedures – Comprehensive Plan Amendments. (a) The City shall compile and maintain a list, known as a “docket,” of all City-initiated and privately-initiated proposed Comprehensive Plan amendments. The list shall be organized as to amendment type and include a description of the amendment in nontechnical terms, as well as the name of the applicant and date of submission to the City. The preliminary docket shall be made available to the public for review and comment for at least 15 days prior to consideration by the Planning Commission. Written comments that are submitted by the end of the comment period shall be added to the preliminary docket. The final docket will be determined as described in AMC 20.96.030(b). (b) Preliminary review – Determination of Final Docket. 1. Staff Evaluation. The Community Development Director shall conduct a brief initial evaluation of all privately-initiated proposed Comprehensive Plan amendments to ascertain whether the proposals meet the preliminary review criteria in AMC 20.96.030(c) and to assess the extent of review that would be required under the State Environmental Policy Act (SEPA). The Director shall make a recommendation to the Planning Commission as to which proposed amendments should be included in the final docket, along with any City-initiated proposed amendments. 2. Joint Workshop. During each annual amendment cycle, the City Council and Planning Commission may, at the City Council’s discretion, hold a noticed joint workshop to serve as an informational meeting between the two governmental bodies. 3. Planning Commission Hearing. The Planning Commission shall hold a noticed hearing on selection of proposed amendments for the final docket. 4. City Council Decision. The City Council shall consider the Planning Commission’s recommended final docket. Council may adopt the proposed final docket without a public hearing; however, in the event that a majority of the Council decides to add or subtract amendments, it shall first hold a public hearing. No additional amendments may be considered after Council adoption of the ORDINANCE NO. _____ 3 docket for that year, except as provided in AMC 20.96.010(e). The final docket shall be approved by resolution. Section 5. A new Arlington Municipal Code §20.96.024 shall be added to read as follows: 20.96.024 Selection and Decision Criteria – Comprehensive Plan Amendments. Considering that the Comprehensive Plan was developed after significant study and public participation, the principles, goals, objectives, and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant. The City Council’s approval, modification, deferral, or denial of an amendment proposal shall be based on the following criteria: (a) Proposed amendments that meet one of the following criteria may be included in the final docket: 1. If the proposed amendment is site specific, the subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications. 2. State law requires or a decision of a court or administrative agency has directed such a change. 3. There exists an obvious technical error in the pertinent Comprehensive Plan provision. (b) Proposed amendments that do not meet one of the criteria in subsection (1) of this section shall meet all of the following criteria: 1. The amendment represents a matter appropriately addressed through the Comprehensive Plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety and welfare of the City. 2. The amendment does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by the City Council. 3. The proposed amendment addresses significantly changed conditions since the last time the pertinent Comprehensive Plan map or text was amended. “Significantly changed conditions” are those resulting from unanticipated consequences of an adopted policy, or changed conditions on the subject property or its surrounding area, or changes related to the pertinent Comprehensive Plan map or text, where such change has implications of a ORDINANCE NO. _____ 4 magnitude that need to be addressed for the Comprehensive Plan to function as an integrated whole. 4. The proposed amendment is consistent with the Comprehensive Plan and other goals and policies of the City, the Countywide Planning Policies, the Growth Management Act, other State or Federal law, and the Washington Administrative Code and other applicable law. Section 6. A new Arlington Municipal Code §20.96.026 shall be added to read as follows: 20.96.026 Selection and Decision Criteria – Text and Zoning Map Amendments. (a) The City Council’s approval, modification, deferral, or denial of an amendment proposal shall be based on the following criteria: 1. The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan; 2. The proposed amendment is consistent with the scope and purpose of the City’s zoning ordinances and the description and purpose of the zone classification applied for; 3. Circumstances have changed substantially since the establishment of the current zoning map or district to warrant the proposed amendment; 4. The proposed zoning is consistent and compatible with the uses and zoning of surrounding property; 5. The property that is the subject of the amendment is suited for the uses allowed in the proposed zoning classification; 6. Adequate public services could be made available to serve the full range of proposed uses in that zone. Section 7. Arlington Municipal Code §20.96.030(a) shall be amended to read as follows: (a) Except as provided by Subsection (b), an open record public hearing before either the Planning Commission or City Council is required for all amendments to this Title or the Comprehensive Plan. In addition, on text, major map amendments or Comprehensive Plan amendments, a hearing before the City Council may also be held if the Council so chooses. ORDINANCE NO. _____ 5 Section 8. Arlington Municipal Code §20.96.060 shall be amended to read as follows: (a) On text or minor map amendments, the Council shall hold a closed record hearing prior to rendering a final decision. For text, major map amendments or Comprehensive Plan amendments, the Council may, at their discretion, hold either a closed or open record hearing prior to rendering a final decision. (b) At the conclusion of its consideration on a proposed amendment, the Council may proceed to vote on the proposed ordinance, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure. (c) The Council is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs. (d) Voting on amendments to this Title or the Comprehensive Plan shall proceed in the same manner as other ordinances. Section 9. Arlington Municipal Code §20.96.070 shall be amended to read as follows: In deciding whether to adopt a proposed amendment to this Title or the Comprehensive Plan, the central issue before the council is whether the proposed amendment advances the public health, safety, or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the presiding official and excluded. In particular, when considering proposed minor map amendments: (a) The Council shall not consider any representations made by the petitioner that if the change is granted the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification. (b) The Council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large. (c) The Council shall consider Comprehensive Plan Amendments and Text and Zoning Map Amendments as recommended by the Planning Commission using the criteria established in AMC 20.96.040 and AMC 20.96.050, respectively. If there are substantial changes to the proposed amendments after the public hearing by the Planning Commission, a second public hearing before the Council is required. If there are no substantial changes, the Council may choose whether or not to hold another public hearing. The City shall transmit a copy of the ORDINANCE NO. _____ 6 Comprehensive Plan amendments to Department of Commerce within 10 days of the City Council’s final adoption. Section 10. A new Arlington Municipal Code §20.96.080 shall be added to read as follows: 20.96.080 Minor Corrections Exempt. An amendment that does not result in any substantive change to the content or meaning of a development regulation, such as a correction to punctuation or numbering or a typographical or technical error, shall be exempt from the notice and hearing requirements of this chapter. In such cases, the Director may make a recommendation directly to the City Council. Section 11. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 12. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and this ordinance shall take effect and be in full force five (5) days after the date of publication. PASSED BY the City Council and APPROVED by the Mayor this day of ________________, 2011. CITY OF ARLINGTON ____________________________ Margaret Larson, Mayor ATTEST: _________________________ Kristin Banfield, City Clerk APPROVED TO AS FORM: __________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT E COUNCIL MEETING DATE: June 20, 2011 SUBJECT: Approval of Contract for 2011 Airport Roofing Project DEPARTMENT OF ORIGIN: Airport ATTACHMENTS: Memo from Dale Carman, Airport Supervisor Location Map EXPENDITURES REQUESTED: $73,172 BUDGET CATEGORY: Capital Expenditures LEGAL REVIEW: None DESCRIPTION: The project involves the removal of the existing roofing materials, flashing and gutters on buildings 57A (former Bayliner hangar) and 41 (Point Church), and the installation of new roofing material, flashing and gutters. Both buildings are owned by the airport. Building 57A is having the existing metal roof replaced with a new metal roof and insulation; building 41 is having the existing metal roof replaced with a new laminated composition shingle roof. The work on building 41 was bid as an alternate in the event the airport did not have enough funds to replace both roofs. Of the two, the roof on building 57A is in the worst shape. The airport contacted five companies off of the small works roster to bid on the project. Four companies provided bids with OK Roofing coming in as low bidder with a bid of $69,687.54 to replace both roofs and gutter systems. OK Roofing also bid a per hour rate of $65 to replace any damaged roof sheeting and/or materials that may be found during the project. HISTORY: The roofs on both buildings are at the end of their useful life and are starting to develop leaks. In addition, building 57A does not have a gutter system on the Northeast side of the building, and the gutter system on building 41 is in constant need of repair. In 2011 the airport has budgeted $40,000 for building repairs. Based on the bids received, the cost to do just the roof on Building 57A exceeds the budgeted amount. There is however adequate funds carried over from 2010 to complete both roofs. ALTERNATIVES: Approve Airport Commission’s Recommendation with Modifications Table Airport Commission’s Recommendation Deny Airport Commission’s Recommendation RECOMMENDED ACTION: The Airport Commission recommends City Council approve a total project amount not to exceed $73,172 for the 2011 Airport Roofing Project to include an initial contract with OK Roofing Inc. in the amount of $69,687.54 MEMO City of Arlington Airport To: City Council From: Dale Carman, Airport Supervisor Date: June 14, 2011 Subject: Approval of Contract for 2011 Airport Roofing Project ISSUE: The project involves the removal of the existing roofing materials, flashing and gutters on buildings 57A and 41, and the installation of new roofing material, flashing and gutters. Refer to the attached location map for the building locations. Building 57A is having the existing metal roof replaced with a new metal roof and insulation; building 41 is having the existing metal roof replaced with a new laminated composition shingle roof. The work on building 41 was bid as an alternate in the event the airport did not have enough funds to replace both roofs. Of the two, the roof on building 57A is in the worst shape. The airport contacted five companies off of the small works roster to bid on the project. BACKGROUND: The roofs on both buildings are at the end of their useful life and are starting to develop leaks. In addition, building 57A does not have a gutter system on the Northeast side of the building, and the gutter system on building 41 is in constant need of repair. In 2011 the airport has budgeted $40,000 for building repairs. Based on the bids received, the cost to do just the roof on Building 57A exceeds the budgeted amount. There is however adequate funds carried over from 2010 to complete both roofs; which is staff’s preference. Conservatively, the airport has approximately $104,000 in extra funds carried over from 2010 to apply to the project. DISCUSSION & ANALYSIS: Staff solicited bids off of the city’s small works roster and four companies provided bids. The four bids received are shown below, and are broken up into Building 57A Bid, Building 41 Bid, and total bid. All amounts shown include sales tax. MEMO City of Arlington Airport Contractor Building 57A Bid Building 41 Bid Total Bid OK Roofing $44,519.49 $25,168.05 $69,687.54 Crest Northwest $56,472.00 $33,826.73 $90,298.73 T&E Intl, Inc. $68,451.07 $28,988.70 $97,439.77 Esary Roofing $83,402.63 $41,919.60 $125,322.23 In addition to providing a bid for overall replacement of the roofing material and gutters, contractors were asked to bid a per hour rate for the removal, disposal and replacement of any and all damaged roof sheeting and/or other materials that may be found while in the process of replacing the roofing, flashing and capping. The per hour rates that were bid ranged from $60 to $146. OK Roofing came in as the low bidder. OK Roofing has previously done work for the airport and has done a good job. The previous project included re-roofing one of the airport owned aircraft maintenance shop buildings and one of the rental houses. The per hour rate bid by OK Roofing was $65. OK Roofing’s bid amount shown above does not include the per hour cost and therefore staff is requesting approval up to $73,172 to provide for a 5% contingency. ALTERNATIVES: Approve Airport Commission’s Recommendation with Modifications Table Airport Commission’s Recommendation Deny Airport Commission’s Recommendation RECOMMENDATION: The Airport Commission recommends City Council approve a total project amount not to exceed $73,172 for the 2011 Airport Roofing Project to include an initial contract with OK Roofing Inc. in the amount of $69,687.54. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #2 ATTACHMENT F COUNCIL MEETING DATE: June 20, 2011 SUBJECT: Authorize the Mayor to sign a Memorandum of Understanding with the Employee Representation Board (ERB) DEPARTMENT OF ORIGIN: Executive ATTACHMENTS: Memorandum of Understanding with the Employee Representation Board EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: City Attorney reviewed the MOU with the ERB DESCRIPTION: Council is requested to authorize the Mayor to sign the attached Memorandum of Understanding with the City’s Employee Representation Board. The purpose of the board is to Promote the relationship between the non-represented employees and City management by providing the non-represented employees a pathway of communication to City management; and to act on behalf of all non-represented employees in partnership with the City management to foster communication regarding employee-related issues such as compensation, benefits and policies that affect non-represented employees. HISTORY: ALTERNATIVES: Do not authorize the Mayor to sign the attached Memorandum of Understanding with the City’s Employee Representation Board. RECOMMENDED MOTION: I move to authorize the Mayor to sign the Memorandum of Understanding with the Employee Representation Board. Memorandum of Understanding by and between the City of Arlington Employee Representation Board and the City of Arlington The City of Arlington non-represented employees shall create a Board to represent them. The Board shall be referenced herein as the Employee Representation Board (“Board”). PURPOSE: At the request of the non-represented employees, it is the purpose of this Board to: 1. Promote the relationship between the non-represented employees and City management by providing the non-represented employees a pathway of communication to City management; 2. To act on behalf of all non-represented employees in partnership with the City management to foster communication regarding employee-related issues such as compensation, benefits and policies that affect non-represented employees. COMPOSITION OF EMPLOYEE REPRESENTATION BOARD: 1. The Board will be composed of one representative for approximately every 15 employees. In the case of a fraction, the number of representatives will be rounded up. 2. Employees who occupy positions in City management or who are department heads will not be eligible to serve on the Board. These positions include: City Administrator, Assistant City Administrator, Assistant to the City Administrator for Special Projects, Fire Chief, Deputy Fire Chief, Medical Services Administrator, Police Chief, Police Commander, Airport Manager, Community Development Director, Finance Director, Public Works Director, Assistant Community Development Director, and Assistant Finance Director. 3. Employees who are currently covered by a collective bargaining agreement with the City of Arlington will not be eligible to serve on the Board. 4. Officers of the Board shall include Chair, Vice-Chair, and Secretary. PROCEDURE FOR SELECTING EMPLOYEE REPRESENTATION BOARD: 1. All employees eligible to serve on the Board will be eligible to vote in the selection of Board members. 2. Each employee eligible to vote may cast only one completed ballot. 3. Selection of Board members will be conducted in June, 2011. 4. For the first year, Jimmy Downing will serve as election officer. His duty will be to supervise the conduct of the voting. He will be supplied with a list of eligible voters and ballots with ample blanks to allow each eligible voter to cast his or her vote for the employees to represent him/her. 5. The election official will determine the employees having the greatest number of ballots cast. A majority of votes will be decisive. The official will then declare and certify the selected Board members. In the event of a tie, a special runoff election will be held. 6. Each selected Board member will hold office for one year. Prior to the expiration of the one year term of office, the Board will hold an election so that new elected representatives will be able to take office at the expiration of the preceding term. FUNCTIONS OF THE EMPLOYEE REPRESENTATION BOARD: 1. Each member of the Board will represent the non-represented employee body as a whole. 2. The Board of employees will meet quarterly, or as often as they deem necessary. 3. The chairperson of the Board may also request a meeting with City management as circumstances may require. 4. Meetings of the Employee Representation Board and the City’s management representative will serve as a method for discussing citywide problems including, but not limited to matters relating to the administration of employee compensation and benefit programs, sharing information on present and future personnel policies, the City’s financial/budget status, cost-savings ideas, issues of management, and to promote better understanding, communication, and good will between City management and non- represented employees. 5. The Board, at its first meeting, will elect the officers from among its Board members, who will serve for a one year term. The officers may stand for reelection. The officers will be elected by a majority vote of the representatives in attendance at the meeting. The Chair will preside at all meetings of the Board and serve as chief spokesperson for the Board. 6. Revisions to this Memorandum of Understanding may be implemented each June by agreement of the majority of the non-represented employees and City management. 7. All issues brought to the Board by non-represented employees must be submitted on the Non-Represented Employee Comment Form and submitted to the Board by email, or via the Employee Representation Board suggestion box, for review at the next meeting of the Employee Representation Board. CONDUCT OF THE EMPLOYEE REPRESENTATION BOARD AND CITY MANAGEMENT: All parties are encouraged to approach each situation with an open mind and to give each and every issue that may arise fair consideration. Every effort should be made by all parties involved to make a settlement of the matter without becoming involved in lengthy debates, discussions, or meetings that would disrupt the operations of the City. Signed this ________ day of ______________________, 2011. CITY OF ARLINGTON ARLINGTON EMPLOYEE REPRESENTATION BOARD By: ____________________________ By: __________________________ Allen Johnson, City Administrator Jimmy Downing, Chair CITY OF ARLINGTON By: _____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT G COUNCIL MEETING DATE: June 20, 2011 SUBJECT: Ordinance Adopting Amendments to AMC Title 9 as requested by City prosecutor DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance adopting amendments to AMC Title 9 in strikeout format - Ordinance adopting amendments to AMC Title 9 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: AMC Title 9 discusses peace, morals, and safety. This is the primary title cited by the City’s Police Officers. The City’s prosecutor is requesting amendments to Title 9 to align with the state RCWs. HISTORY: City Council reviewed the proposed changes requested by the City’s prosecutor at the Council Workshop on June 13, 2011 and recommended that an ordinance be developed for final adoption. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED MOTION: I move that Council approves the proposed ordinance amending AMC Title 9 as requested by the City’s prosecutor. ORDINANCE NO. 2011-xxx ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REPEALING, AMENDING, AND ADDING CERTAIN SECTIONS TO TITLE 9 OF THE ARLINGTON MUNICIPAL CODE REGARDING PEACE, MORALS, AND SAFETY 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 9 in March 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 9; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 9.12.010 is amended to read as follows: 9.12.010 - Statute adopted. The following state statutes, including all future amendment additions or deletions, are adopted by reference: (1) RCW 9.68A.090, Communicating with a minor for immoral purposes. (2) RCW 9A.42.037, Criminal mistreatment in the fourth degree. (3) RCW 13.32A.080, Unlawful harboring of a minor-Penalties-Defense-Prosecution of adult for involving child in commission of offense. Section 2. Arlington Municipal Code section 9.28.010 is amended to read as follows: 9.28.010 - Theft, unauthorized issuance of bank checks and possession of stolen property. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9A.56.010, Definitions. (2) RCW 9A.56.020, Theft—Definition, defense. (3) RCW 9A.56.050, Theft in third degree. (4) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts. (5) RCW 9A.56.063, Making or possessing motor vehicle theft tools. (6) RCW 9A.56.096, Theft of rental, leased, lease-purchased, or loaned property. (7) RCW 9A.56.140, Possessing stolen property—Definition—Presumption. (8) RCW 9A.56.170, Possessing stolen property in the third degree. ORDINANCE NO. 2011-xxx (9) RCW 9A.56.220, Theft of cable television services. (10) RCW 9A.56.230, Unlawful sale of cable television services. (11) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation. (12) RCW 9A.56.270, Shopping cart theft. Section 3. Arlington Municipal Code section 9.36.030 is amended to read as follows: 9.36.030 - Obstructing justice, criminal assistance, introducing contraband and related offenses. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.69.100, Duty of witness of offense against child or any violent offense— Penalty. (2) RCW 9A.72.010, Definitions. (3) RCW 9A.72.040, False swearing. (4) RCW 9A.72.060, Perjury and false swearing—Retraction. (5) RCW 9A.72.070, Perjury and false swearing—Irregularities no defense. (6) RCW 9A.72.080, Statement of what one does not know to be true. (7) RCW 9A.72.140, Jury tampering. (8) RCW 9A.72.150, Tampering with physical evidence. (9) RCW 9A.76.010, Definitions. (10) RCW 9A.76.020, Obstructing a law enforcement officer. (11) RCW 9A.76.030, Refusing to summon aid for a peace officer. (12) RCW 9A.76.040, Resisting arrest. (13) RCW 9A.76.050, Rendering criminal assistance—Definition of terms. (14) RCW 9A.76.060, Relative defined. (15) RCW 9A.76.080, Rendering criminal assistance in the second degree. (16) RCW 9A.76.090, Rendering criminal assistance in the third degree. (17) RCW 9A.76.100, Compounding. (18) RCW 9A.76.160, Introducing contraband in the third degree. (19) RCW 9A.76.170(1), (2), 3(d), Bail jumping. (20) RCW 9A. 76.175, Making a false or misleading statement to a public servant. (20)(21) RCW 9A.84.030, Disorderly conduct. (21)(22) RCW 9A.84.040, False reporting. Section 4. Arlington Municipal Code section 9.40.010 is amended to read as follows: 9.40.010 – Statutes adopted. The following state statues, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 69.50.101, Definitions. (2) RCW 69.50.102, Drug paraphernalia – Definitions. (3) RCW 69.50.201, Authority to control. (22)(4) RCW 69.50.202, Nomenclature. ORDINANCE NO. 2011-xxx (23)(5) RCW 69.50.204(d)(14), Schedule I – MarijuanaMarijuana defined as a controlled substance. (24)(6) RCW 69.50.309, Containers. (25)(7) RCW 69.50.401(e), Prohibited acts: A—PenaltiesPossession of 40 grams or less of marijuana prohibited. (26)(8) RCW 69.50.412, Prohibited acts: E—Penalties. (27)(9) RCW 69.50.505, Seizure and forfeiture. (28)(10) RCW 69.50.506, Burden of proof; liabilities (29)(11) RCW 69.50.509, Search and seizure of controlled substances Section 5. Arlington Municipal Code section 9.44.010 is amended to read as follows: 9.44.010 - Adoption of statutes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 66.04.010, Definitions. (2)RCW 66.20.200, Unlawful acts relating to card of identification and certification card. (3)RCW 66.20.210, Licensee's immunity to prosecution or suit—Certification card as evidence of good faith. (4)RCW 66.28.090, Licensed premises or banquet permit premises open to inspection— Failure to allow, violation. (5)RCW 66.44.010, Local officers to enforce law—Authority of board—Liquor enforcement officers. (6)RCW 66.44.040, Sufficiency of description of offenses in complaints, information, process, etc. (7)RCW 66.44.050, Description of offense in words of statutes—Proof required. (8)RCW 66.44.060, Proof of unlawful sale establishes prima facie intent. (9)RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content. (10) RCW 66.44.080, Service of process on corporation. (11) RCW 66.44.090, Acting without license. (12) RCW 66.44.100, Opening or consuming liquor in public—Penalty. (13) RCW 66.44.120, Unlawful use of seal. (14) RCW 66.44.130, Sale of liquor by drink or bottle. (15) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal—Unlawful operation, possession of still or mash. (16) RCW 66.44.150, Buying liquor illegally. (17) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages. (18) RCW 66.44.170, Illegal possession of liquor with intent to sell—Prima facie evidence, what is. (19) RCW 66.44.175, Violations of law. (20) RCW 66.44.180, General penalties—Jurisdiction for violation. (21) RCW 66.44.200, Sales to persons apparently under the influence of liquor. (22) RCW 66.44.210, Obtaining liquor for ineligible person. (23) RCW 66.44.240, Drinking in public conveyance—Penalty against carrier— Exception. (24) RCW 66.44.250, Drinking in public conveyance—Penalty against individual— ORDINANCE NO. 2011-xxx Restricted application. (25) RCW 66.44.270, Furnishing liquor to minors – Possession, use—Penalties— Exhibition of effects—Exceptions. (26) RCW 66.44.280, Minor applying for permit. (2627) RCW 66.44.290, Minor purchasing or attempting to purchase liquor. (2728) RCW 66.44.300, Treating minor, etc, in public place where liquor sold. (2829) RCW 66.44.310, Minor frequenting off-limits area—Misrepresentation of age— Penalty—Classification of licenses. (2930) RCW 66.44.325, Unlawful transfer to a minor of an identification of age. (3031) RCW 66.44.328, Preparation or acquisition and supply to persons under age twenty-one of facsimile or official identification card—Penalty. (3132) RCW 66.44.340, Employees eighteen years and over allowed to sell and handle beer and wine for Class E and/or Class F employers. (3233) RCW 66.44.350, Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employers. (3334) RCW 66.44.370, Resisting or opposing officers in enforcement of title. Section 6. Arlington Municipal Code section 9.44.020 is hereby repealed in its entirety. Section 7. Arlington Municipal Code section 9.52.010 is amended to read as follows: 9.52.010 - Conduct prohibited. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.91.010, Denial of civil rights—Terms defined. (2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated. (3) RCW 9.91.025, Unlawful bus conduct. (4) RCW 9.91.110, Meal buyers—Records of purchases—Penalty. (5) RCW 9.03.010, Abandoning, discarding refrigeration equipment. (6) RCW 9.03.020, Permitting unused equipment to remain on premises. (7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020. (8) RCW 9.03.040, Keeping or storing equipment for sale. (9) RCW 16.52.011, Definitions—Principles of liability. (10) RCW 16.52.080, Transporting or confining in unsafe manner—Penalty. (11) RCW 16.52.085, Removal of animals for feeding—Examination—Notice— Euthanasia. (12) RCW 16.52.095, Cutting ears—Misdemeanor. (13) RCW 16.52.100, Confinement without food and water—Intervention by others. (14) RCW 16.52.110, Old or diseased animals at large. (15) RCW 16.52.117, Animal fighting—Owners, trainers, spectators—Exceptions. (16) RCW 16.52.165, Punishment—Conviction of misdemeanor. (17) RCW 16.52.180, Limitations on application of chapter. (18) RCW 16.52.185, Exclusions from chapter. (19) RCW 16.52.190, Poisoning animals. (20) RCW 16.52.193, Poisoning animals—Strychnine sales—Records—Report on ORDINANCE NO. 2011-xxx suspected purchases. (21) RCW 16.52.195, Poisoning animals—Penalty. (22) RCW 16.52.200, Sentences—Forfeiture of animals—Liability for costs—Civil penalty—Education, counseling. (23) RCW 16.52.207, Animal cruelty in the second degree. (24) RCW 9.46.196, Cheating—Defined. (25) RCW 9.46.1962, Cheating in the second degree. (26) RCW 9.61.260, Cyberstalking. Section 8. 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 9. 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 REPEALING, AMENDING, AND ADDING CERTAIN SECTIONS TO TITLE 9 OF THE ARLINGTON MUNICIPAL CODE REGARDING PEACE, MORALS, AND SAFETY 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 9 in March 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 9; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 9.12.010 is amended to read as follows: 9.12.010 - Statute adopted. The following state statutes, including all future amendment additions or deletions, are adopted by reference: (1) RCW 9.68A.090, Communicating with a minor for immoral purposes. (2) RCW 9A.42.037, Criminal mistreatment in the fourth degree. (3) RCW 13.32A.080, Unlawful harboring of a minor-Penalties-Defense-Prosecution of adult for involving child in commission of offense. Section 2. Arlington Municipal Code section 9.28.010 is amended to read as follows: 9.28.010 - Theft, unauthorized issuance of bank checks and possession of stolen property. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9A.56.010, Definitions. (2) RCW 9A.56.020, Theft—Definition, defense. (3) RCW 9A.56.050, Theft in third degree. (4) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts. (5) RCW 9A.56.063, Making or possessing motor vehicle theft tools. (6) RCW 9A.56.096, Theft of rental, leased, lease-purchased, or loaned property. (7) RCW 9A.56.140, Possessing stolen property—Definition—Presumption. (8) RCW 9A.56.170, Possessing stolen property in the third degree. ORDINANCE NO. 2011-xxx (9) RCW 9A.56.220, Theft of cable television services. (10) RCW 9A.56.230, Unlawful sale of cable television services. (11) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation. (12) RCW 9A.56.270, Shopping cart theft. Section 3. Arlington Municipal Code section 9.36.030 is amended to read as follows: 9.36.030 - Obstructing justice, criminal assistance, introducing contraband and related offenses. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.69.100, Duty of witness of offense against child or any violent offense— Penalty. (2) RCW 9A.72.010, Definitions. (3) RCW 9A.72.040, False swearing. (4) RCW 9A.72.060, Perjury and false swearing—Retraction. (5) RCW 9A.72.070, Perjury and false swearing—Irregularities no defense. (6) RCW 9A.72.080, Statement of what one does not know to be true. (7) RCW 9A.72.140, Jury tampering. (8) RCW 9A.72.150, Tampering with physical evidence. (9) RCW 9A.76.010, Definitions. (10) RCW 9A.76.020, Obstructing a law enforcement officer. (11) RCW 9A.76.030, Refusing to summon aid for a peace officer. (12) RCW 9A.76.040, Resisting arrest. (13) RCW 9A.76.050, Rendering criminal assistance—Definition of terms. (14) RCW 9A.76.060, Relative defined. (15) RCW 9A.76.080, Rendering criminal assistance in the second degree. (16) RCW 9A.76.090, Rendering criminal assistance in the third degree. (17) RCW 9A.76.100, Compounding. (18) RCW 9A.76.160, Introducing contraband in the third degree. (19) RCW 9A.76.170, Bail jumping. (20) RCW 9A. 76.175, Making a false or misleading statement to a public servant. (21) RCW 9A.84.030, Disorderly conduct. (22) RCW 9A.84.040, False reporting. Section 4. Arlington Municipal Code section 9.40.010 is amended to read as follows: 9.40.010 – Statutes adopted. The following state statues, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 69.50.101, Definitions. (2) RCW 69.50.102, Drug paraphernalia – Definitions. (3) RCW 69.50.201, Authority to control. (4) RCW 69.50.202, Nomenclature. (5) RCW 69.50.204Marijuana defined as a controlled substance. ORDINANCE NO. 2011-xxx (6) RCW 69.50.309, Containers. (7) RCW 69.50.401Possession of 40 grams or less of marijuana prohibited. (8) RCW 69.50.412, Prohibited acts: E—Penalties. (9) RCW 69.50.505, Seizure and forfeiture. (10) RCW 69.50.506, Burden of proof; liabilities (11) RCW 69.50.509, Search and seizure of controlled substances Section 5. Arlington Municipal Code section 9.44.010 is amended to read as follows: 9.44.010 - Adoption of statutes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 66.04.010, Definitions. (2)RCW 66.20.200, Unlawful acts relating to card of identification and certification card. (3)RCW 66.20.210, Licensee's immunity to prosecution or suit—Certification card as evidence of good faith. (4)RCW 66.28.090, Licensed premises or banquet permit premises open to inspection— Failure to allow, violation. (5)RCW 66.44.010, Local officers to enforce law—Authority of board—Liquor enforcement officers. (6)RCW 66.44.040, Sufficiency of description of offenses in complaints, information, process, etc. (7)RCW 66.44.050, Description of offense in words of statutes—Proof required. (8)RCW 66.44.060, Proof of unlawful sale establishes prima facie intent. (9)RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content. (10) RCW 66.44.080, Service of process on corporation. (11) RCW 66.44.090, Acting without license. (12) RCW 66.44.100, Opening or consuming liquor in public—Penalty. (13) RCW 66.44.120, Unlawful use of seal. (14) RCW 66.44.130, Sale of liquor by drink or bottle. (15) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal—Unlawful operation, possession of still or mash. (16) RCW 66.44.150, Buying liquor illegally. (17) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages. (18) RCW 66.44.170, Illegal possession of liquor with intent to sell—Prima facie evidence, what is. (19) RCW 66.44.175, Violations of law. (20) RCW 66.44.180, General penalties—Jurisdiction for violation. (21) RCW 66.44.200, Sales to persons apparently under the influence of liquor. (22) RCW 66.44.210, Obtaining liquor for ineligible person. (23) RCW 66.44.240, Drinking in public conveyance—Penalty against carrier— Exception. (24) RCW 66.44.250, Drinking in public conveyance—Penalty against individual— Restricted application. (25) RCW 66.44.270, Furnishing liquor to minors – Possession, use—Penalties— Exhibition of effects—Exceptions. ORDINANCE NO. 2011-xxx (26) RCW 66.44.280, Minor applying for permit. (27) RCW 66.44.290, Minor purchasing or attempting to purchase liquor. (28) RCW 66.44.300, Treating minor, etc, in public place where liquor sold. (29) RCW 66.44.310, Minor frequenting off-limits area—Misrepresentation of age— Penalty—Classification of licenses. (30) RCW 66.44.325, Unlawful transfer to a minor of an identification of age. (31) RCW 66.44.328, Preparation or acquisition and supply to persons under age twenty-one of facsimile or official identification card—Penalty. (32) RCW 66.44.340, Employees eighteen years and over allowed to sell and handle beer and wine for Class E and/or Class F employers. (33) RCW 66.44.350, Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employers. (34) RCW 66.44.370, Resisting or opposing officers in enforcement of title. Section 6. Arlington Municipal Code section 9.44.020 is hereby repealed in its entirety. Section 7. Arlington Municipal Code section 9.52.010 is amended to read as follows: 9.52.010 - Conduct prohibited. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.91.010, Denial of civil rights—Terms defined. (2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated. (3) RCW 9.91.025, Unlawful bus conduct. (4) RCW 9.91.110, Meal buyers—Records of purchases—Penalty. (5) RCW 9.03.010, Abandoning, discarding refrigeration equipment. (6) RCW 9.03.020, Permitting unused equipment to remain on premises. (7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020. (8) RCW 9.03.040, Keeping or storing equipment for sale. (9) RCW 16.52.011, Definitions—Principles of liability. (10) RCW 16.52.080, Transporting or confining in unsafe manner—Penalty. (11) RCW 16.52.085, Removal of animals for feeding—Examination—Notice— Euthanasia. (12) RCW 16.52.095, Cutting ears—Misdemeanor. (13) RCW 16.52.100, Confinement without food and water—Intervention by others. (14) RCW 16.52.110, Old or diseased animals at large. (15) RCW 16.52.117, Animal fighting—Owners, trainers, spectators—Exceptions. (16) RCW 16.52.165, Punishment—Conviction of misdemeanor. (17) RCW 16.52.180, Limitations on application of chapter. (18) RCW 16.52.185, Exclusions from chapter. (19) RCW 16.52.190, Poisoning animals. (20) RCW 16.52.193, Poisoning animals—Strychnine sales—Records—Report on suspected purchases. (21) RCW 16.52.195, Poisoning animals—Penalty. (22) RCW 16.52.200, Sentences—Forfeiture of animals—Liability for costs—Civil ORDINANCE NO. 2011-xxx penalty—Education, counseling. (23) RCW 16.52.207, Animal cruelty in the second degree. (24) RCW 9.46.196, Cheating—Defined. (25) RCW 9.46.1962, Cheating in the second degree. (26) RCW 9.61.260, Cyberstalking. Section 8. 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 9. 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 #4 ATTACHMENT H COUNCIL MEETING DATE: June 20, 2011 SUBJECT: Addition of a new chapter 2.108 to the Arlington Municipal Code 2 to form a local Board of Volunteer Firefighters and Reserve Officers DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance adding a new chapter 2.108 to the Arlington Municipal Code 2 to form a local Board of Volunteer Firefighters and Reserve Officers EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: City Council is requested to adopt a new section to AMC Title 2 forming a local Board for Volunteer Firefighters and Reserve Officers. The State Board for Volunteer Firefighters and Reserve Officers administers the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Act (RCW 41.24). The State Board is requiring the City to form a board and initially process claims prior to their review, approval, and payment of claims. HISTORY: The City Council reviewed the draft code language at the June 13, 2011 Council Workshop and requested an ordinance be prepared for adoption at the June 20, 2011 Council meeting. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: I move that Council approves the proposed ordinance adding a new Chapter 2.108 to the Arlington Municipal Code to form a local Board of Volunteer Firefighters and Reserve Officers. ORDINANCE NO. 2011-007 1 ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON CREATING AN ARLINGTON BOARD OF TRUSTEES OF THE VOLUNTEER FIREFIGHTERS’ AND RESERVE OFFICERS’ RELIEF AND PENSION FUND WHEREAS, Title 41, Chapter 24, of the Revised Code of Washington (hereinafter referred to as RCW), states that municipalities may create a local board of trustees of the volunteer firefighters’ and reserve officers’ relief and pension fund; and WHEREAS, the state Board for Volunteer Firefighters and Reserve Officers has requested the city form a unified Board of Trustees to administer claims and benefits for the City’s volunteer firefighters’ and reserve police officers. WHEREAS, the city wishes to comply with the request from the state Board for Volunteer Firefighters and Reserve Officers; and NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. A new chapter 2.108 of the Arlington Municipal Code is hereby created to read as follows: Chapter 2.108 VOLUNTEER FIREFIGHTERS’ AND RESERVE POLICE OFFICERS’RELIEF AND COMPENSATION FUND Sections: 2.108.010 Conformance with statute. 2.108.020 Membership limited. 2.108.030 Board of Trustees – Establishment – Composition. 2.108.040 Board of Trustees – Powers and duties. 2.108.050 Participation in program. 2.108.060 Finance Director’s duties. 2.108.010 Conformance with statute. The City of Arlington elects to participate in the volunteer firefighters’ and reserve police officers’ relief and pension system in conformity with the provisions of Chapter 41.24 RCW. 2.108.020 Membership limited. Membership in the Volunteer Firefighters’ and Reserve Police Officers’ Relief and Pension Fund is limited to the following: ORDINANCE NO. 2011-007 2 A. Volunteer Fire Department. The membership of the regularly organized Volunteer Fire Department of the City is limited to 20 firefighters for each 1,000 population of the City. Duly enrolled members of the Volunteer Fire Department of the City are eligible for participation in the Volunteer Firefighters’ and Reserve Police Officers’ Relief and Pension Fund. B. Reserve Police Officer. Duly enrolled members of the police reserve unit as defined and set forth in Chapter 2.32 AMC are eligible for participation in the Volunteer Firefighters’ and Reserve Police Officers’ Relief and Pension Fund. 2.108.030 Board of Trustees – Establishment – Composition. There is created a unified Board of Trustees to administer claims and benefits under this chapter for the benefit of volunteer firefighters and police reserve officers, to be known as the Arlington Board of Trustees of the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Fund. Such Board shall consist of: A. Mayor. B. City Clerk. C. One Councilmember chosen by the City Council. D. Chief of the Fire Department. E. Chief of the Police Department. F. One member of the Volunteer Fire Department selected by the members of the Volunteer Fire Department for an annual term of one year. G. One member of the police reserves who is selected by the members of the reserve police unit for an annual term of one year. The Mayor, or his designee, shall be chair of the Board of Trustees, and the City Clerk shall be the Secretary-Treasurer of the Board of Trustees. 2.108.040 Board of Trustees – Powers and duties. The Board of Trustees shall have all of the powers and duties conferred and imposed pursuant to Chapter 41.24 RCW, as now existing or hereafter amended, which statute is by reference incorporated in and made a part of this chapter. 2.108.050 Participation in program. Any member of the Volunteer Fire Department, and any member of the police reserve unit, is permitted to enroll under the pension provisions of this chapter, otherwise known as the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Fund, for the purpose of enabling any such member so electing to avail himself of the retirement provisions of Chapter 41.24 RCW. The City of Arlington shall pay the entire annual fee for each participating member in the retirement provisions of Chapter 41.24 RCW, plus the annual premium for disability coverage for each participating member, all as set forth in Chapter 41.24 RCW. ORDINANCE NO. 2011-007 3 2.108.060 Finance Director’s duties. The Finance Director will pay the City’s portion of the annual retirement premium for each member electing to participate in the pension plan provided by Chapter 41.24 RCW, and submit a list of all participating members, and the birth date of each, to the State Board for Volunteer Firefighters and Reserve Officers, together with the total annual pension premium and the additional $10.00 disability fee for each member reported. 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 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #5 ATTACHMENT I COUNCIL MEETING DATE: June 20, 2011 SUBJECT: Adoption of an Ordinance adding a new chapter 2.112 to the Arlington Municipal Code to declare the development and maintenance of an index of all city records as unduly burdensome DEPARTMENT OF ORIGIN: Executive Contact: Kristin Banfield, 360-403-3444 ATTACHMENTS: - Ordinance adding a new chapter 2.112 to the AMC EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: LEGAL REVIEW: City Attorney has completed his review. DESCRIPTION: RCW 42.56.070 requires local agencies to maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973, unless the local agency determines that this would be unduly burdensome to the agency. The City’s insurance authority, WCIA, is recommending that the City adopt a formal chapter in our municipal code that states that the City finds this directive unduly burdensome. HISTORY: The City Council reviewed the draft code language at the June 13, 2011 Council Workshop and requested an ordinance be prepared for adoption at the June 20, 2011 Council meeting ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED MOTION: I move that Council approves the proposed ordinance adding a new Chapter 2.112 to the Arlington Municipal Code to declare the development and maintenance of an index of all city records as unduly burdensome. ORDINANCE NO. 2011-007 1 ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING A FORMAL POSITION AND DECLARING THE MAINTENANCE OF AN ALL-INCLUSIVE INDEX OF EVERY PUBLIC RECORD TO BE UNDULY BURDENSOME, AS REQUIRED BY RCW 42.56; AND DIRECTING THAT ALL INDEXES MAINTAINED FOR INTERNAL CITY USE BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING WHEREAS, Title 42, Chapter 56, of the Revised Code of Washington (hereinafter referred to as RCW), requires all cities and public agencies to maintain and make available a current index of public records; and WHEREAS, the RCW also states that if maintaining such an index would be unduly burdensome or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome; and WHEREAS, the RCW further provides that in spite of such an unduly burdensome order, all indexes maintained by the city must be made available to provide identifying information on those records which are to be made available for public inspection; and WHEREAS, the City of Arlington is a municipal corporation of the State of Washington which provides general municipal and utility services to its residents and others; and WHEREAS, the magnitude and diversity of seven City departments with an even greater number of divisions/subdivisions, has resulted in the creation and use of many different computer systems, programs and information retaining systems which would be extremely difficult, if not physically impossible, to compile into a single index; and WHEREAS, the performance of the City’s overall mission does not allow for the addition to, or the revision or reassignment of duties for existing personnel so that a current index may be developed and maintained without additionally-required staff; and WHEREAS, anticipated City revenues do not allow for additional staff members for the sole purpose of creating and maintaining such an all-inclusive index; and WHEREAS, the City has a longstanding and recognized policy of assisting people who request public information and of providing public records upon request, and does not plan to deviate from that policy; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: ORDINANCE NO. 2011-007 2 Section 1. A new chapter 2.112 of the Arlington Municipal Code is hereby created to read as follows: Chapter 2.112 Public Records Indexes and Records Requests Under the Public Disclosure Act 2.112.010 Findings 2.112.020 Order Regarding Public Records Index 2.112.010 Findings A. The Revised Code of Washington (RCW) requires all cities and public agencies to maintain and make available a current index of all public records. B. The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome. C. When such an order is made, all indexes maintained by that city must be made available to provide identifying information on those records which are available for inspection and/or copying. D. The City of Arlington is comprised of seven (7) departments, their divisions and subdivisions, which maintain separate databases and/or record-keeping systems for the indexing of records and information. E. Because the City has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records. F. The City will fully comply with the provisions of the RCW as they relate to the Public Disclosure Act, under RCW Chapter 42.56. 2.112.020 Order Regarding Public Records Index Based upon the findings set forth in AMC 2.112.010 and pursuant to RCW 42.56.070(4)(a), the City Council orders the following: A. The City of Arlington is not required to maintain an all-inclusive index of public records, due to findings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain. B. The City of Arlington shall make available all public records and any indexes created for internal use upon request by any citizen. Said indexes shall be maintained and released in order to obtain those records which are public and not protected by the exemption portions of the public records act. ORDINANCE NO. 2011-007 3 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 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #6 ATTACHMENT J COUNCIL MEETING DATE: June 13, 2011 SUBJECT: Ordinance amending Arlington Municipal Code Chapter 8.17 regarding the keeping of 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 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 Council meeting. Bee keeping will be allowed under the following conditions: Maximum of 2 hives if lot is 15,000 sq. ft. or less; Maximum of 5 hives if lot is 15,000sq. ft to 35,000 sq. ft.; Maximum of 15 hives if more than 35,000 sq. ft.; Moveable frame hives; Registered with state Dept of Agriculture, Hives cannot be located within 10 ft of property line. Chickens (and other fowl) will be allowed under the following conditions: Up to 7 hens, no roosters; Hen house, coop, chicken tractor or other such structure must be located at least 10 ft away from any residential structure on an adjacent lot; Henhouses, coops and chicken tractors, including chicken runs, shall not exceed 200 sq. ft. in size and shall not exceed 7ft in height. 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. ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific guidance should further revision be requested. RECOMMENDED ACTION: I move that Council approves the proposed ordinance amending Arlington Municipal Code Chapter 8.17 regarding the keeping of chickens and bees. ORDINANCE NO. 2011-xxx ORDINANCE NO. 2011-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 8.17 OF THE ARLINGTON MUNICIPAL CODE REGARDING CHICKEN AND BEE KEEPING REGULATIONS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington adopted some revisions to Arlington Municipal Code Title 8 in February 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 8; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 8.17.010 is amended to read as follows: 8.17.010 - Keeping animals in the city—General regulations. (a) Any person being the owner or entitled to the possession of any animal, be it livestock or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that the following conditions are adhered to. (1) Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120. (2) Livestock shall be kept by securely confining the same in a stable or other building; or an enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such animal therein; or the same may be securely staked out in a vacant lot in such manner that it cannot get upon any street, alley, or other public place within the city provided that the same is so confined or staked out as to effectively prevent it from getting within one hundred feet of any property line, dwelling or other building in which persons work or are accustomed to be, or near enough to the property of another to do damage thereto or commit any nuisance thereupon, specifically including bodies of water and wildlife corridors; and provided, further, that any such animal shall be considered as running at large when it breaks away from its fastenings or is herded or permitted to feed upon any public rights-of-way or public properties. ORDINANCE NO. 2011-xxx (3) All species of fowl, rabbit or pot bellied pigs shall be kept in an approved a building, pen or enclosure. (4) All such structures shall be located a minimum of twenty-five feet from any property line or adjacent residence or building, and fifty feet from any rights-of-way, public or private. (5) Any building, pen or enclosure which houses such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. (6) All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. (7) 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 ORDINANCE NO. 2011-xxx (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. (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: ORDINANCE NO. 2011-xxx ___________________________________ 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 CHICKEN AND BEE KEEPING REGULATIONS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington adopted some revisions to Arlington Municipal Code Title 8 in February 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 8; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 8.17.010 is amended to read as follows: 8.17.010 - Keeping animals in the city—General regulations. (a) Any person being the owner or entitled to the possession of any animal, be it livestock or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that the following conditions are adhered to. (1) Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120. (2) Livestock shall be kept by securely confining the same in a stable or other building; or an enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such animal therein; or the same may be securely staked out in a vacant lot in such manner that it cannot get upon any street, alley, or other public place within the city provided that the same is so confined or staked out as to effectively prevent it from getting within one hundred feet of any property line, dwelling or other building in which persons work or are accustomed to be, or near enough to the property of another to do damage thereto or commit any nuisance thereupon, specifically including bodies of water and wildlife corridors; and provided, further, that any such animal shall be considered as running at large when it breaks away from its fastenings or is herded or permitted to feed upon any public rights-of-way or public properties. ORDINANCE NO. 2011-xxx (3) All species of fowl, rabbit or pot bellied pigs shall be kept in a building, pen or enclosure. (4) All such structures shall be located a minimum of twenty-five feet from any property line or adjacent residence or building, and fifty feet from any rights-of-way, public or private. (5) Any building, pen or enclosure which houses such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. (6) All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. (7) 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 ORDINANCE NO. 2011-xxx 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 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