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Home My WebLink About11-21-2011_Council Meeting Packet Arlington City Council November 21, 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 SWEARING IN -Debora Nelson, new City Council member INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 1. Eagle Scout Kennedy Englert recognition for installation of 24 fire rings and 2 picnic tables at Country Charm Park & Conservation Area. 2. Cornerstone Award ~ Donnnelson Building 3. Presentation by Christine Betchley, Stillaguamish River Clean Water District Board 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 November 7, 14 & 16, 2011 meetings ATTACHMENT A 2. Accounts Payable 3. Waste Management Northwest Contract Amendment #2 ATTACHMENT B PUBLIC HEARING 1. 2012 Budget – WILL BE CONTINUED TO MONDAY, DECEMBER 5, 2011 AT 7PM UNFINISHED BUSINESS NEW BUSINESS 1. Shoreline Management Plan ATTACHMENT C 2. FEMA Flood Plain Regulations Adoption ATTACHMENT D 3. Legion Park Restroom Bids ATTACHMENT E 4. Lease Agreement with the Arlington Food Bank ATTACHMENT F 5. EMS Contracts for Fire Districts #21, #24, & #25 ATTACHMENT G 6. Resolution adopting Property Taxes for 2012 ATTACHMENT H DISCUSSION ITEMS 1. 2012 Budget INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION 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. RECONVENE ADJOURNMENT To download all attachments, click here DRAFT Page 1 of 5 Council Chambers 110 East Third November 7, 2011 City Council Members Present by Roll Call: Dick Butner, Sally Lien, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Police Chief Nelson Beazley, Fire Chief Bruce Stedman, Doug Schmidt, Jim Kelly, Rob Putnam, David Kuhl, Bill Blake, Julie Good, Roxanne Guenzler, Elizabeth Chamberlain, Bryan Terry, Monica Schlagel, Phil Nepper, Dan Hargroves, Kris Wallace, Lisa Teter, Dan Cone, Rory Bolter, Seth Kinney, Stephanie Ambrose, Scott Hillis, Peter Barrett, Fred Rapelyea, Mike Phillips, Dave Kraski, Tom Cooper, Brandon Asher, Greg Koontz, Jon Ventura, Jason Abrahamson, Kirk Normand Greg Anderson, Jeff Pitman, Linda Taylor, Eric Scott, Debbie Strotz, Lynn Bridges, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Vickie Solla, Walt Riebe, Mike Hopson, Debora Nelson, Sarah Arney – North County Outlook, Barbara Tolbert, Gale Fiege – Everett Herald, Tom Barry, Bea Randall, and Ken Klein, Kirk Boxleitner – Arlington Times Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Steve Baker moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Ryan Guentz who worked on the flagpole mounts around Legion Park With the help of a power point presentation Assistant City Administrator Kristin Banfield showed the flagpole project and then introduced Ryan Guentz, an Eagle Scout who had worked on the placement of flagpole mounts around Legion Park. He was congratulated for his service and presented a certificate of appreciation by Mayor Larson. Also present was the father of Ryan Guentz who briefly spoke. American Legion’s Jim Barron was also recognized. Scout Guentz then met each Council member. PUBLIC COMMENT Walt Riebe addressed the budget numbers, averaging the cost for his family, an additional $113 for the year. He then stated that the budgeting job does not belong to the Council, but to City Staff. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT November 7, 2011 Page 2 of 5 Mike Shaw addressed the Council regarding Fire and EMS, urging the Council to remember that lives are important and that these teams deal with lives and emergencies, and he asked that they not be cut short. CONSENT AGENDA Steve Baker moved to approve the Consent Agenda with changes to the June 24, 2011 minutes noting that the 2012 budget minutes stated a deficit of $2 million, which should read $ 1.3 million, and noting that the meeting was adjourned at 2:00PM, rather than 2:30PM. Marilyn Oertle seconded the motion to approve the Consent Agenda, as amended, and the motion was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the October 17 and 24, 2011 meetings and June 24, 2011 retreat (amended) 2. Accounts Payable Electronic Payments and Claims Checks #74968 through #75114 dated October 18, 2011 through November 7, 2011 in the amount of $574,106.71 and EFT Payments and Payroll Checks #27380 through #27403 for the period of October 1, 2011 through October 31, 2011in the amount of $1,334,955.59 3. Appointment of Kendra Ferrier as Student Representative to PARC PUBLIC HEARING Shoreline Management Plan With the use of a power point presentation Natural Resources Manager Bill Blake addressed the Shoreline Management Plan, giving a basic outline of the Plan history, and a timeline of required steps that have been taken. He then projected the proposed map area and gave the next required steps. The Public Hearing was opened at 7:20PM. John Miller Stillaguamish Tribe Executive Director, gave praise to Arlington’s staff for a job well done. Craig Smith, Island Crossing Property owner voiced support of the proposed Shoreline Management Plan. The Public Hearing was closed at 7:23PM. No action was taken at this time, and the item is scheduled for decision on November 21, 2011. FEMA Flood Plain Regulations With the use of a power point presentation Bill Blake noted an endangered species lawsuit which gave birth to these new protective Regulations. He then briefly reviewed the Regulations’ history, then projected and explained the proposed flood plain map. The Public Hearing was opened at 7:28PM. Tom Barry, Metron and Associates, pointed out a section regarding the change of water flow direction. Mr. Barry suggested a modification in the Ordinance. Mr. Blake and Mr. Barry will meet to discuss the pertinent issue. The Public Hearing was closed at 7:30PM. No action was taken at this time, and the item is scheduled for decision on November 21, 2011. Minutes of the City of Arlington City Council Meeting DRAFT November 7, 2011 Page 3 of 5 2012 Property Tax (Resolution) With the use of a power point presentation Finance Director Jim Chase spoke to the 2012 proposed Property Tax Levies, giving a history of the taxes, reasons for revenue decline, and the resultant requested tax increase. The Public Hearing was opened at 7:44PM. Phillip Lane, 18016 Graywalls Drive, Arlington, expressed his disappointment in the state of the economy as a whole, and voiced his concern about tax increases. He stated that collected monies often don’t seem to be put toward that for which they were collected. He suggested an eagle feeding station that might work as a money generating project for the City. Bea Randall, 427 South French, Arlington, is concerned about the increasing cost of living and the difficult effect additional taxes would have on her family, as well as the community. Donna Larson, 135 North Dunham Avenue, Arlington, is confused about North County Outlook newspaper Arlington tax article, and she asked exactly which taxes would be increased. Tom Barry, noted that budget items to be cut should be prioritized. The Public Hearing was closed at 7:54PM. No action was taken at this time. Proposed Utility Tax Increase With the use of a power point presentation Assistant City Administrator Kristin Banfield spoke to the 2012 budget process and timelines. She reviewed the history of the budget deficit and referred to the proposed Revenue Package which includes a Utility Tax increase, the formation of a TBD, and Sales Tax increase all of which would help to make up the $740,000 deficit. She also reviewed the effect increased taxes would have on residents and businesses. The Public Hearing was opened at 8:07PM Dave McDonald, 315 5th Street, Arlington, asked why the proposed raise would be from 5 - 8% and why is it proposed to be done all at once. Chad Schmidt, 17415 Osprey Rd. Arlington, asked that the increases be used properly, expecting that police and fire personnel would not be decreased. He asked to replace vacated positions and requested that Council continue to fund those positions. Donna Larson noted that a tax increase from 5 to 8% is not slight, as stated. Ms. Banfield spoke to Ms. Larson’s questions. Phil Lane spoke to the slides presented, and asked the Council to scrutinize the accuracy of information presented this evening. Steve Saunders owner Rocket Alley Bar and Grill, stated that although he has a business that is doing well, however he is overwhelmed with the business taxes he must pay. He wonders where it will end, and he spoke in favor of police and fire support. Minutes of the City of Arlington City Council Meeting DRAFT November 7, 2011 Page 4 of 5 Ted Lowness, new to Arlington, noted the increase in revenue, but hasn’t seen a cut in City costs. He stated that fire and safety are important. The Public Hearing was closed at 8:19PM. In response to Mr. Lowness, Councilperson Linda Byrnes spoke to the numerous cuts that have already been made by the City over the last couple of years. No action was taken at this time. Formation of a Transportation Benefit District With the use of a power point presentation Kristin Banfield spoke to the proposed formation of a Transportation Benefit District, giving a description of the TBD, reasons for its creation, how it would be created, the projected cost to a family of 4, and an upcoming timeline of actions by the Council. The Public Hearing was opened at 8:28PM. Walt Riebe, Arlington, concerned about Transportation Benefit District costs, asked about specifics within the TBD. Donna Larson stated that she now understands the newspaper article. Bea Randal, 427 South French Street, Arlington, asked about the extent of vehicles that would be affected by a license tax. Mary McDonald, 319 East 5th Street, Arlington, asked what would be purchased by this TBD tax. Phil Lane, voiced concern about increased taxes, stating that the burden should not always be placed on residents. The Public Hearing was closed at 8:33PM. Assistant City Administrator Kristin Banfield addressed questions of Arlington regarding the formation of a TBD. A lengthy time of questions, answers, and clarification followed. Mr. McDonald noted that this appears to be a new tax that would serve government employees only, with no benefit to the public. No action was taken at this time. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Comcast Franchise Amendments Finance Director Jim Chase spoke to the Franchise Amendments. Minutes of the City of Arlington City Council Meeting DRAFT November 7, 2011 Page 5 of 5 Steve Baker moved to approve the proposed ordinance amending the City’s Franchise Agreement with Comcast and authorize the Mayor to sign the Amendment. Sally Lien seconded the motion that passed with a unanimous vote. Approval of the Snohomish County Cities Legislative Agenda City Administrator Allen Johnson spoke to the slate of items proposed for the Snohomish County Legislative Agenda. Steve Baker moved to adopt the Snohomish County Legislative Agenda, as presented. Sally Lien seconded the motion that passed with a unanimous vote. MAYOR’S REPORT Mayor Larson noted activities and meetings she had recently attended COUNCIL MEMBER REPORTS – OPTIONAL Marilyn Oertle, Linda Byrnes, and Steve Baker gave brief reports, while Dick Butner, Sally Lien, Chris Raezer had nothing to report at this time. EXECUTIVE SESSION City Attorney Steve announced that there would be need for an Executive Session to review the performance of a public employee [RCW 42.30.110(1)(g)] 8:53PM. The Session should 5 to 10 minutes with a 5 minute break beforehand, and no action to be taken during or after the meeting. The meeting was adjourned into Executive Session at 8:53PM. RECONVENE The meeting was reconvened at 9:07PM. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 9:07PM. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street November 14, 2011 Dick Butner Sally Lien, Marilyn Oertle, Chris Raezer, Linda Byrnes, Steve Baker, Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Police Chief Nelson Beazley, Rory Bolter, Fire Chief Bruce Stedman, Doug Schmidt, Jim Kelly, Eric Scott, David Kuhl, Linda Taylor, Lynn Bridges, Bryan Terry, Roxanne Guenzler, Julie Good, Paul Ellis, Kurt Patterson, Sherry Amundson, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: All Council members were present. Also Known to be Present: Walt Riebe, Neil Knutson, Sarah Arney – North County Outlook, Jim Rankin, Ken Klein, Vickie Solla, Debora Nelson, Mike Hopson, Kirk Boxleitner – Arlington Times, Randy Tendering, and Craig Christiansen Mayor Larson called the meeting to order at 7:00PM. Steve Baker moved to approve the Agenda, and Marilyn Oertle seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS -- NO FINAL ACTION WAS TAKEN Waste Management Northwest Contract Amendment #2 Public Works Director Jim Kelly addressed the charge to include a 1.5 cubic yard recycle container. Mr. Kelly then answered Council questions. This item will be presented at the November 21, 2011 meeting. Legion Park Depot (Restroom) Bids Special Projects Manager Paul Ellis addressed the Depot bids, all of which had come in within budget. He noted the bid winner, Lone B Construction, and then answered Council questions. This will be presented at the November 21, 2011 meeting. Fire Department EMS Contracts for Districts #21, #24, & #25 Fire Chief Bruce Stedman spoke to the renewal of the EMS contracts. Discussion followed. This will be presented at the November 21, 2011 meeting. Distribution of Applications for Council Vacancy Assistant City Administrator distributed the list of 8 applicants for the Council Vacancy. Interviews will begin at 6:00PM on Wednesday, November 16 at 6:00PM. The same questions would be asked to each of the candidates. Sample questions used in the past will be distributed for Council scrutiny before the interviews. The time with each candidate is scheduled for 20 minutes. Discussion regarding scheduling and candidate interviews followed. 2012 Budget Workshop & Review of Public Comments on: 2012 Property Tax, Utility Tax, and TBD Formation With the use of a display board, City Administrator Allen Johnson, along with Assistant City Administrator Kristin Banfield, and Finance Director Jim Chase, reviewed the background of the Budget deficit beginning with the year 2009, and included 2010 and 2011. He then reviewed the 2 million dollar deficit for the 2012 budget. A lengthy discussion followed containing suggestions for options closing the budget deficit. These included cutting Council medical insurance, forfeiting step increase, cutting all employees Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT November 14, 2011 Page 2 of 2 by a certain % across the board. Also discussed were other possible cuts with fire and police giving up their COLAS, 1 day/month furlough, also fire and police matching the other city employee furlough days, Also discussed at length was overtime charges by City employees. Also .1% sales tax proposed to voters for public safety, .2% sales tax for TBD / transportation, and improvements for specific projects. A lengthy discussion followed. ADJOURNMENT The meeting was adjourned at 8:47PM. ____________________________ Margaret Larson, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third November 16, 2011 City Council Members Present by Roll Call: Dick Butner, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker City Council Members Absent: Sally Lien City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Police Chief Nelson Beazley, Fire Chief Bruce Stedman, Deputy Chief Tom Cooper, MSA Doug Schmidt, Julie Good, Steve Peiffle – City Attorney Also Known to be Present: Debora Nelson, Jim Rankin, Andy Tift, Vickie Solla, Barbara Tolbert, Michael Rexford, Kurt Hecla, Ruth Gonzales, Maxine Jenft, Marcia Smothers, Craig Christianson, Ken Klein, Sarah Arney – North County Outlook, Kirk Boxleitner – Arlington Times. Mayor Larson called the meeting to order at 6:10PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Steve Baker moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a unanimous vote. INTERVIEWS TO FILL COUNCIL VACANCY The following candidates were interviewed by the mayor and city council to fill the vacant council seat: 1. Jim Rankin 2. Vickie Solla 3. Michael Rexford 4. Debora Nelson 5. Anthony Tift 6. Ruth Gonzales 7. Marcia Smothers 8. Craig Christianson EXECUTIVE SESSION City Attorney Steve Peiffle announced that there would be need for an Executive Session to evaluate qualifications of a candidate for appointment to elective office [RCW 42.30.110(1)(h)]. The Session should last approximately 30 minutes with a 5 minute break beforehand, and no action to be taken during the Executive Session. The meeting was adjourned into Executive Session at 7:46 PM. At 8:13PM City Attorney Steve Peiffle announced that the Council would be extending the Executive Session for an additional 15-18 minutes. RECONVENE The meeting was reconvened at 8:28 PM. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT November 16, 2011 Page 2 of 2 Councilmember Oertle noted the great appreciation of the entire Council for the excellent pool of candidates that the Council has to select from. All eight candidates have an incredible amount of dedication. Councilmember Butner moved to appoint Debora Nelson to the vacant seat on the City Council. Councilmember Byrnes seconded the motion. The motion passed unanimously. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:31 PM. ____________________________ Margaret Larson, Mayor City of Arlington Council Agenda Bill AGENDA ITEM: Consent Agenda #3 ATTACHMENT B COUNCIL MEETING DATE: November 21, 2011 SUBJECT: Waste Management Northwest Contract Amendment #2. DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: Contract Amendment #2 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: Contract Amendment #2 with Waste Management to update the rate schedule to include the charge for a 1.5 cubic yard Commercial Single Stream Recycling container. HISTORY: City of Arlington entered into a new contract with Waste Management Northwest on September 2010 for the refuse and recycling franchise within the City limits. And though Waste Management was providing service to Arlington customers for a 1.5 cubic yard Commercial Single Stream Recycling container, this item was never included in the contract rate schedule (Exhibit B). There is no increase in fee for this on-going service; it will be added to the rate schedule as a correction. ALTERNATIVES: • None RECOMMENDED ACTION: • Motion to authorize the Mayor to sign Contract Amendment #2 with Waste Management Northwest, pending final review by City Attorney. ADDENDUM TO CONTRACT FOR SOLID WASTE, RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL BETWEEN THE CITY OF ARLINGTON, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. THIS ADDENDUM TO CONTRACT FOR SOLID WASTE, RECYCLING, AND COMPOSTABLE ORGANICS COLLECTION, AND DISPOSAL BETWEEN THE CITY OF ARLINGTON, WASHINGTON AND WASTE MANAGEMENT OF WASHINGTON, INC. (this “Addendum”) is made as of November __, 2011 by and between the City of Arlington, a Washington municipal corporation (the “City”), and Waste Management of Washington, Inc., a Washington corporation (“Contractor”). Each of Company and Contractor is sometimes referred to herein as a “Party” and together as the “Parties ”. Capitalized terms used in this Addendum and not otherwise defined shall have the meanings ascribed to such terms in the Agreement. RECITALS WHEREAS City and Contractor are parties to that certain Contract for Solid Waste, Recycling, and Compostable Organics Collection, and Disposal, dated effective as of September 7, 2010 (the “Agreement ”); and WHEREAS City and Contractor recently entered into the Agreement and have since discovered certain errors and omissions in the Service Rate Schedule, which is attached to the Agreement as Exhibit B; and WHEREAS City and Contractor now desire to correct these errors and omissions and amend the Service Rate Schedule attached to the Agreement as Exhibit B, upon the terms set forth herein. ADDENDUM NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties mutually agree as follows: 1. Revised Service Rate Schedule. The Service Rate Schedule attached to the Agreement as Exhibit B is hereby amended to include the following rate schedule for 1.5 cubic yard Commercial Single Stream Recycling: 2010 2011 2012 1.5 cu yd container $ 11.41 $ 11.82 $ 12.25 For years following 2012, and each year thereafter, the rate shall increase per the CPI as stated in Article IX of the AGREEMENT 2. Full Force and Effect. Except as otherwise provided in this Addendum, all other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Addendum as of the date set forth above. CITY OF ARLINGTON WASTE MANAGEMENT OF WASHINGTON, INC. ____________________________ ___________________________________ Margaret Larson, Mayor Name - Signature ___________________________________ Name – Printed ___________________________________ Title - Printed Attest: ____________________________________ Kristin Banfield, City Clerk City of Arlington Council Agenda Bill AGENDA ITEM: New Business #1 ATTACHMENT C COUNCIL MEETING DATE: November 21, 2011 SUBJECT: Shoreline Master Plan Adoption DEPARTMENT OF ORIGIN: Community Development – Bill Blake ATTACHMENTS: 1. Ordinance to adopt the Updated SMP EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Ordinance in review DESCRIPTION: This meeting will be to adopt the updated SMP and appendices A Maps, B Shoreline Critical Areas Regulations and C Shoreline Restoration Plan. The adoption by Ordinance will also include approval to amend the Comprehensive Plan as identified in the 2011 docket. HISTORY: The City was on schedule with submitting a draft Master Plan to Ecology on January 31, 2011. The Department of Ecology completed their review and submitted the comments to the City on July 28, 2011. Staff has discussed the comments with Ecology and developed this updated draft and list of policy discussion items. We submitted the SMP to Dept. of Commerce on Sept. 16 for their required 60-day GMA review period. The Planning Commission held a public hearing October 4, and there were no requested changes from the citizens attending or the Planning Commission. The City Council held a Public Hearing on November 7 and two people testified in favor of adoption. Once approved by Council we submit to Ecology and they have an additional 60-day review period and potential second Public Hearing held by Ecology if requested. ALTERNATIVES: 1. No action. 2. Approve as written. 3. Approve with changes. RECOMMENDED MOTION: Authorize the Mayor to sign the Ordinance adopting the updated Shoreline Master Plan, Appendix A Environment Designation Maps, Appendix B Shoreline Critical Areas, Appendix C Shoreline Restoration plan, and amend the City Comprehensive Plan Section 12.7 to reference the updated SMP. Ordinance No. 1475 1 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, MAKING AMENDMENTS TO TITLE 20 OF THE ARLINGTON MUNICIPAL CODE and COMPREHENSIVE PLAN TO ADOPT AN UPDATED SHORELINE MASTER PLAN AND APPENDICES WHEREAS, the City of Arlington has the authority to regulate land uses within the City; and WHEREAS, the City of Arlington has adopted a land use code and shoreline management regulations pursuant to the updated Comprehensive Plan; and WHEREAS, the city wishes to amend provisions of the land use code relating to the management of the shorelines; and WHEREAS, environmental review has been completed as required by SEPA and consistent with the requirements of the State Growth Management Act; WHEREAS, the City Planning Commission considered these amendments at their October 04, 2011 public hearing and the City Council considered the same, along with the Planning Commission recommendations, at a public hearing conducted on November 7, 2011 and determined approving the amendments was in the best interest of the City and its citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 20.92 shall be and hereby is amended to read as referenced in the City Comprehensive Plan, and found in Exhibit A: Shoreline Master Plan, Appendix A Environment Designation Maps, Appendix B Shoreline Critical Areas and Appendix C Shoreline Restoration Plan. Section 2. Section 12.7 of Chapter 12 of the Comprehensive Plan shall be amended as found in Exhibit B: Chapter 12: Other Related Plans Adopted by Reference. Section 2. 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 3. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The 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 November, 2011. CITY OF ARLINGTON ___________________________ Ordinance No. 1475 2 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 #2 ATTACHMENT D COUNCIL MEETING DATE: November 21, 2011 SUBJECT: FEMA Floodplain Regulations Adoption DEPARTMENT OF ORIGIN: Community Development – Bill Blake ATTACHMENTS: 1. Ordinance adopting the Amended Chapter 20.64 Floodplain 2. Amended 20.64 Floodways, Floodplains, Drainage, and Erosion 3. Riparian Habitat Zone map EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: Ordinance in Review DESCRIPTION: The adoption of this document will fulfill the FEMA requirements to amend our floodplain regulations in regards the FEMA Biological Opinion (BiOp). Once adopted the Ordinance will be submitted to FEMA for final concurrence. HISTORY: The National Marine Fisheries Service issued a Biological Opinion in 2008 that the current National Flood Insurance Program (NFIP) was causing the take of ESA listed species including Chinook Salmon and Orca whales. We amended our existing ordinance to meet the requirements according to the checklist provided by FEMA. Council authorized staff to send to FEMA. This draft was approved by FEMA. We will receive full concurrence from FEMA once they have received a copy of our adopted ordinance. We had one request during the public hearing for further clarification on section 20, 64.100.d. The issue was discussed and no changes were necessary. ALTERNATIVES: 1. Adopt the Ordinance. 2. Do not adopt. 3. Adopt with changes. 1. Authorize the Mayor to sign the Ordinance adopting the amended Floodplain Ordinance 20.64 Floodways, Floodplains, Drainage, and Erosion and Riparian Habitat Zone map. Ordinance No. 1475 1 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, MAKING AMENDMENTS TO TITLE 20 OF THE ARLINGTON MUNICIPAL CODE TO ADOPT AN UPDATED 20.64 FLOODWAYS, FLOODPLAIN, DRAINAGE AND EROSION WHEREAS, the City of Arlington has the authority to regulate land uses within the City; and WHEREAS, the City of Arlington has adopted a land use code and Floodplain regulations pursuant to the updated Comprehensive Plan; and WHEREAS, the city wishes to amend provisions of the land use code relating to the management of the floodplain; and WHEREAS, environmental review has been completed as required by SEPA and consistent with the requirements of the State Growth Management Act; WHEREAS, the City Planning Commission considered these amendments at their October 04, 2011 public hearing and the City Council considered the same, along with the Planning Commission recommendations, at a public hearing conducted on November 7, 2011 and determined approving the amendments was in the best interest of the City and its citizens; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 20.64 shall be and hereby is amended to read as referenced in Exhibit A: 20.64 Floodways, Floodplain, Drainage and Erosion and Riparian Habitat Zone map. Section 2. 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 3. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the dat e of publication. PASSED BY the City Council and APPROVED by the Mayor this ____ day of November, 2011. CITY OF ARLINGTON ___________________________ Margaret Larson, Mayor Ordinance No. 1475 2 Attest: _____________________________ Kristin Banfield, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 1 July 2011 Chapter 20.64 FLOODWAYS, FLOODPLAINS, DRAINAGE, AND EROSION Sections: Part I. Floodways and Floodplains 20.64.010 Statutory Authorization. 20.64.020 Findings of Fact. 20.64.030 Statement of Purpose. 20.64.040 Methods of Reducing Flood Losses. 20.64.050 Definitions 20.64.060 Basis for Establishing the Areas of Special Flood Hazard 20.64.070 Abrogation and Greater Restrictions 20.64.080 Interpretation 20.64.090 Warning and Disclaimer of Liability 20.64.100 Supplementary Information Required with a Permit Application. 20.64.110 Conformance with Chapter 20.88 (Environmentally Critical Areas 20.64.120 Location of Boundaries of Floodplain, Riparian Habitat Zone 20.64.130 Setbacks from Streams Outside Designated Floodplains. 20.64.140 Artificial Obstructions Within Floodways Prohibited. 20.64.150 Permissible Uses Within Floodways. 20.64.160 Construction Within Floodways and Floodplains Restricted, Habitat Protection. 20.64.180 Specific Standards for Zones A1-30, AH, and AE 20.64.190 Specific Standards for Designated Regulatory Floodways. 20.64.200 Specific Standards For Shallow Flooding Areas (AO Zones) 20.64.210 Encroachments 20.64.220 Special Provisions for Subdivisions. 20.64.230 Utility Systems in Floodways and Floodplains. 20.64.240 Critical Facility. 20.64.250 Additional Duties of Administrator Related to Flood Insurance and Flood Control. 20.64.260 Variances from Requirements. Part II. Drainage, Erosion Control, Storm Water Management 20.64.300 Stormwater Management. Part I. Floodways and Floodplains 20.64.010 Statutory Authorization. The Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Arlington does ordain as follows: 20.64.020 Findings of Fact. (a) The flood hazard areas of Arlington are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, and when inadequately anchored, Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 2 July 2011 damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 20.64.030 Statement of Purpose. (a) It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (b) To protect human life and health; (c) To manage development in a manner reducing impacts to floodplain processes; (d) To minimize expenditure of public money and costly flood control projects; (e) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (f) To minimize prolonged business interruptions; (g) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; (h) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (i) To ensure that potential buyers are notified that property is in an area of special flood hazard; and, (j) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 20.64.040 Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural flood plains, stream channels, wetlands and natural protective barriers, which help accommodate or channel flood waters; (d) Controlling filling, grading, dredging, and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or may increase flood hazards in other areas. 20.64.050 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. “Appeal” means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. “Area of Shallow Flooding” means a designated AO, or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. “Area of Special Flood Hazard” means the land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 3 July 2011 “Base Flood” means the flood having a 1% chance of being equaled or exceeded in any given year (also referred to as the “100-year flood”). Designated on Flood Insurance Rate Maps by the letters A or V. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides. “Channel Migration Zone” means the lateral extent of likely movement along a stream reach during the next one hundered years with evidence of active stream channel movement over the past one hundered years. “Critical Facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations that produce, use or store hazardous materials or hazardous waste. “Development” means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials , subdivision of land, removal of substantial amounts of vegetation, or alteration of natural site characteristics. “Elevated Building” means for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. “Existing Manufactured Home Park Or Subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. “Expansion To An Existing Manufactured Home Park Or Subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). “Flood” or “Flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters and/or (b) The unusual and rapid accumulation of runoff of surface waters from any source. “Flood Insurance Rate Map (Firm)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. “Floodplain Administrator.” The Director of Community Development is hereby deemed to be the City’s Floodplain Administrator. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. “Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements found in §20.64.180(a)2 (Specific Standards for Zones A1-30, AH, and AE). “Manufactured Home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 4 July 2011 when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” “Manufactured Home Park Or Subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “New Construction” means structures for which the “start of construction” commenced on or after the effective date of this ordinance. “New Manufactured Home Park Or Subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. “Recreational Vehicle” means a vehicle that is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (e) “Riparian Habitat Zone” an area identified on the approved map that provides the necessary protection perpendicularly from, 1. The ordinary high water mark 2. The Channel Migration Zone, 3. The mapped Floodway. “Start Of Construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. “Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground. “Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. “Substantial Improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (c) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 5 July 2011 (d) Any alteration of a “historic structure,” provided that the alteration would not preclude the structure’s continued designation as a “historic structure.” “Variance” means a grant of relief from the requirements of this ordinance that permits construction in a manner that would otherwise be prohibited by this ordinance. “Water Dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water because of the intrinsic nature of its operations. 20.64.060 Basis for Establishing the Areas of Special Flood Hazard. (a) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Snohomish County” (in which the City of Arlington is incorporated) dated September 29, 2006, or as amended, with an accompanying Flood Insurance Rate Map (FIRM), as amended, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at Arlington City Hall, 238 North Olympic, Arlington, Washington. The best available information for flood hazard area identification as outlined in Subsection (b) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under Subsection (b). (b) When base flood elevation data has not been provided (A and V Zones) in accordance with Subsection (a), the administrator shall use any base flood elevation and floodway data available from a Federal, State or other source, in order to comply with §20.64.180 (Specific Standards for Zones A1-30, AH, and AE) and §20.64.190 (Specific Standards for Designated Regulatory Floodways). (Amended by Ord. 1365, 6/13/05) (c) If such data are not already available, the administrator may rely on a licensed surveyor to provide such information as necessary to reasonably ascertain said zones. 20.64.070 Abrogation and Greater Restrictions This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 20.64.080 Interpretation In the interpretation and application of this ordinance, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and, (c) Deemed neither to limit nor repeal any other powers granted under State statutes. 20.64.090 Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of City of Arlington, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 6 July 2011 20.64.100 Supplementary Information Required with a Permit Application. In addition to the standard information required with a permit application (§20.16.040, Applications To Be Complete), the following information is also required for any permits proposing development within a floodway or floodplain: (a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (b) Elevation in relation to mean sea level to which any structure has been flood-proofed; (c) Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Subsection 20.64.180(b) (Specific Standards for Zones A1-30, AH, and AE); and (d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 20.64.110 Conformance with Chapter 20.88 (Environmentally Critical Areas). Wherever this section allows uses within a floodway or floodplain, that use must also be consistent with 20.88 (Environmentally Critical Areas) and Chapter 20.92 (Shoreline Management) in terms of both allowable use and location of use. In any case, wherever regulations in these two Chapters conflict, the more restrictive shall prevail. The explicit intent of this section is to not allow development that is inconsistent with 20.88 Critical Areas or Chapter 20.92 to occur in the restricted areas or buffers required by that Chapter, even though it may seem permissible according to the regulations of this chapter. 20.64.120 Location of Boundaries of Floodplain ,Floodway Districts and Riparian Habitat Zone.. (a). As used in this chapter, the terms floodplain and floodway refer in the first instance to certain areas whose boundaries are determined and can be located on the ground by reference to the specific fluvial characteristics set forth in the definitions of these terms. These terms also refer to overlay zoning districts whose boundaries correspond to the actual physical location of floodways and floodplains as shown on FEMA’s Flood Insurance Rate Map (FIRM) and should be shown on the map identified in the Master Plan). (These overlay districts thus differ from other zoning districts whose boundaries are established solely according to planning or policy, rather than physical, criteria.) Therefore, the administrator is authorized to make necessary interpretations as to the exact location of the boundaries of floodways or floodplains if there appears to be a conflict between a mapped boundary and actual field conditions. Such interpretations, like other decisions of the administrator, may be appealed pursuant to §) 20.20 Appeals, Variances, Interpretations.. (b). As used in this chapter the term Riparian Habitat Zone (RHZ) is identified on the approved RHZ map. The RHZ is an overlay zone that encompasses lands as defined above on either side of all stream, and for all other watercourse including off channel areas within the Special Flood Hazard Areas. The RHZ is a no new disturbance zone, other than for activities that will not adversely affect the existing habitat function. Any property or portion thereof that lies within the RHZ is subject to the restrictions of the RHZ, as well as any zoning restriction that apply to the parcel in the underlying zoning. Unless shown otherwise the RHZ on a channel migration zone is 50 feet. Other areas not identified on the RHZ, but are located in the floodplain areas will be subject to the Shoreline Master Plan Critical Areas Appendix B. (c). When updating the maps the City must consider future conditions and the cumulative effect from the future land-use changes. Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 7 July 2011 (d). When updating the maps the City must consider identifying and evaluating the risk of flooding behind 100-year levees within the City jurisdiction based on future conditions and cumulative effects. (e). When evaluating risk it may be determined that an individual project will conduct an ESA consultation with the services. 20.64.130 Setbacks from Streams Outside Designated Floodplains. In any area that is located outside a designated floodplain but where a stream is located, no building or fill may be located within the buffer as specified in Chapter 20.88 (Environmentally Critical Areas). 20.64.140 Artificial Obstructions Within Floodways Prohibited. (a) No artificial obstruction may be located within any floodway, except as provided in §20.64.150 (Permissible Uses Within Floodways). (b) For purposes of this section, an artificial obstruction is any obstruction, other than a natural obstruction, that is capable of reducing the flood carrying capacity of a stream or may accumulate debris and thereby reduce the flood-carrying capacity of a stream. A natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodway by a non-human cause. 20.64.150 Permissible Uses Within Floodways. (a). Notwithstanding Chapter 20.40 (Permissible Uses) of this Title, no permit to make use of land within a floodway may be issued unless the proposed use is listed as permissible in the Table of Permissible Uses, Chapter 20.88, Environmentally Critical Areas, and in the following list: 1. General habitat restoration, farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife, and related uses. 2. Ground-level loading areas, parking areas, boat launch, rotary aircraft ports, and other similar ground-level area uses. 3. Lawns, gardens, play areas, and other similar uses. 4. Golf courses, driving ranges, archery ranges, picnic grounds, parks, hiking or horseback- riding trails, open space, and other similar private and public recreational uses. As indicated in §20.36.060 (Floodplain), the floodplain and floodway districts are established as overlay districts. (b) General Development standards to be followed in Special Flood Hazard Area include: 1. If a lot has a buildable site out of the Special Flood Hazard Area, all new structures shall be located there, when feasible. If the lot is fully in the floodplain, structures must be located to have the least impact on salmon. 2. Stormwater and drainage features shall incorporate low impact development techniques that mimic pre-development hydrologic conditions, when technically feasible. 3. Creation of new impervious surfaces shall not exceed 10 percent of the surface area of the portion of the lot in the floodplain unless mitigation is provided and maintained that functions as “10% effective impervious surface”. Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 8 July 2011 4. Any loss of floodplain storage shall be avoided, rectified or compensated for as identified in (20.88.530) 5. Uses that are not permitted in the Protected Area unless shown not to adversely affect water quality, habitat, etc., include septic tanks and drain fields, dumping of any material, hazardous or sanitary waste landfills: receiving area for toxic or hazardous waste or other contaminants. 6. The proposed action must be designed and located so that new structural flood protection is not needed. 7. New road crossing over ESA listed streams within the special flood hazard area are prohibited unless a concurrence letter from NMFS or a habitat assessment demonstrating “no adverse affect” is received. 8. Uses that are allowed in the existing or equivalent zoning and do not require an up-zoning increasing floodplain development densities, or participate in a TDR program that results in an equivalent or greater area of Stillaguamish floodplain to be protected from development in perpetuity. 20.64.160 Construction Within Floodways and Floodplains Restricted, Habitat Protection Standards. Any development occurring in the Floodway or Floodplain will require the issuance of a “Flood Hazard permit”. A development permit shall be obtained before construction or development begins within any area of special flood hazard area. The permit shall be for all structures including manufactured homes, and for all development including fill and other activities as set forth in this ordinance. (a) No land use or building permit may be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans for any such development to assure that: 1. The proposed development is consistent with the need to minimize flood damage, and 2. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and 3. Adequate drainage is provided to minimize or reduce exposure to flood hazards, and 4. All necessary permits have been received from those agencies from which approval is required by federal or state law, and 5. The application for a permit to develop in the affected area must include the elevations of the 10-, 50-, and 100-year floods, where such data are available, and 6. The applicant must record a notice on the title that the property contains land within the RHZ and/or 100-year floodplain before a permit may be issued, and 7. Any improvements or repairs to existing structures that result in a greater than 10 percent increase of the structure footprint must mitigate for any adverse effects, and 8. Removal of native vegetation must leave 65 percent of the surface area of the portion of the property in the floodplain with native vegetation in an undeveloped state, and 9. Development in the floodway, RHZ, and CMZ will not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmon, and 10. Development outside the protected area must mitigate for adverse indirect effects on stormwater, riparian vegetation, bank stability, channel migration, hyporheic zone, wetland and large woody debris functions, and Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 9 July 2011 (b) No building may be constructed and no substantial improvement of an existing building may take place within any floodway. This includes a prohibition on installing new mobile homes in an existing mobile home park located in a floodway, even if the park is nonconforming. (Amended by Ord. 1365, 6/13/05) (c) Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source the applicant shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source (§20.64.060(b) Basis for Establishing the Areas of Special Flood Hazard), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. (d) No new residential building may be constructed and no substantial improvement of a residential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated to one foot above the base flood level. 1. Residential accessory structures shall be allowed within floodplains provided they are firmly anchored to prevent flotation. 2. Anchoring of any accessory buildings may be done by bolting the building to a concrete slab or by over-the-top ties. When bolting to a concrete slab, one-half inch bolts six feet on center with a minimum of two per side shall be required. If over-the-top ties are used, a minimum of two ties with a force adequate to secure the building is required. (e) No new non-residential building may be constructed and no substantial improvements of a nonresidential building may take place within any floodplain unless the lowest floor (including basement) of the building or improvement is elevated or flood-proofed to one-foot above the base flood level. Where flood proofing is used in lieu of elevation, a registered professional engineer or architect shall certify that any new construction or substantial improvement has been designed to withstand the flood depths, pressure, velocities, impact, and uplift forces associated with the base flood at the location of the building and that the walls below the base flood level are substantially impermeable to the passage of water. (Amended by Ord. 1365, 6/13/05) (f) For purposes of this section, “substantial improvement” means for a building constructed prior to the effective date of this title, any repair, reconstruction, or improvement of a building the cost of which equals or exceeds 50 percent of the market value of the structure either (i) before the improvement or repair is started or (ii) if the structure has been damaged and is being restored, before the damage occurred. “Substantial improvement” occurs when the first alteration on any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The ter m does not, however, include either (i) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to insure safe living conditions, or (ii) any alteration of a building listed on the National Register of Historic Places or a State Inventory of Historic Places. (g) No land use or building permit may be issued for any development within a floodplain until the permit-issuing authority has reviewed the plans to assure that any new construction or substantial improvements shall be: 1. Designed (or modified) and adequately anchored to prevent flotation collapse, or lateral movement of the structure. 2. Constructed with materials and utility equipment resistant to flood damage. 3. Constructed by methods and practices that minimize flood damage. Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 10 July 2011 (h) Notwithstanding any other provision of this title, no mobile home may be located or relocated within that portion of the floodplain outside of the floodway, unless the following criteria are met: 1. Ground anchors for tie downs are provided. 2. The following tie-down requirements are met: i. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. ii. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over- the-top or frame ties to ground anchors (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques). (Amended by Ord. 1365, 6/13/05) 3. Lots or pads are elevated on compacted fill or by any other method approved by the administrator so that the lowest habitable floor of the mobile home is at or above the base flood level. 4. Adequate surface drainage and easy access for mobile home hauler is provided. 5. Load-bearing foundation supports such as piers or pilings must be engineered. (i) Whenever any portion of a floodplain is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood. 20.64.170 General Standards. In all areas of special flood hazards, the following standards are required: (a) Anchoring 1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. 2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques). (b) AH Zone Drainage—Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. (c) Construction Materials and Methods 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 20.64.180 Specific Standards for Zones A1-30, AH, and AE In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE on the community’s FIRM) as set forth in §20.64.060 (Basis for Establishing the Areas of Special Flood Hazard), the following provisions are required: (a) Residential Construction 1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 11 July 2011 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b. The bottom of all openings shall be no higher than one foot above grade. c. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (b) Nonresidential Construction—New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be flood-proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Floodplain Administrator or Building Official. 4. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in 20.64.180(a)(2) (Specific Standards for Zones A1-30, AH, and AE—Residential Construction); 5. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g. a building flood-proofed to the base flood level will be rated as one foot below). (c) Manufactured Homes 1. All manufactured homes to be placed or substantially improved on sites: a. Outside of a manufactured home park or subdivision, b. In a new manufactured home park or subdivision, c. In an expansion to an existing manufactured home park or subdivision, or d. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood; e. Shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. 2. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either: a. The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation, or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement. (d) Recreational Vehicles—Recreational vehicles placed on sites are required to either: 1. Be on the site for fewer than 180 consecutive days, Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 12 July 2011 2. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the requirements of Subsection 20.64.180(c) Specific Standards for Zones A1-30, AH, and AE—Manufactured Homes) above and the elevation and anchoring requirements for manufactured homes. 20.64.190 Specific Standards for Designated Regulatory Floodways. Located within areas of special flood hazard established in §20.64.060 (Basis for Establishing the Areas of Special Flood Hazard) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent. 3. If Subsection 1 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §20.64.180 through §240. 20.64.200 Specific Standards For Shallow Flooding Areas (AO Zones) Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: 1. New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community’s FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified). 2. New construction and substantial improvements of nonresidential structures within AO zones shall either: a. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or b. Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 13 July 2011 buoyancy. If this method is used, a registered professional engineer or architect as in Subsection 20.64.180(b)3 Specific Standards for Zones A1-30, AH, and AE) shall certify compliance. 3. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. 4. Recreational vehicles placed on sites within AO Zones on the community’s FIRM either: a. Be on the site for fewer than 180 consecutive days, b. Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or c. Meet the requirements of Subsections 1 and 3 above and the anchoring requirements for manufactured homes (Subsection 20.64.170(a)2, General Standards). 20.64.210 Encroachments In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 20.64.220 Special Provisions for Subdivisions. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments that contain at least 50 lots or 5 acres (whichever is less). (e) All subdivisions are subject to use and construction restrictions contained in §20.64.140 (Artificial Obstructions Within Floodways Prohibited), §20.64.150 (Permissible Uses Within Floodways), §20.64.160 (Construction Within Floodways and Floodplains Restricted), and §20.64.230 (Utility Systems in Floodways and Floodplains) if any portion of the land to be subdivided lies within a floodway or floodplain. (f) Final plat approval for any subdivision containing land that lies within a floodway or floodplain may not be given unless the plat shows the boundary of the floodway or floodplain and contains in clearly discernible print the following statement: “Use of land within a floodway or floodplain is substantially restricted by Title 20, Chapter 20.64 of the Arlington Municipal Code.” (g) Subject to the following sentence, a conditional use permit or final plat approval for any subdivision may not be given if: 1. The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots, and 2. Any portion of one or more of the proposed lots lies within a floodway or floodplain, and 3. It reasonably appears that one or more lots described in Subdivisions (1) and (2) of this subsection could not practicably be used as a residential building site because of the Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 14 July 2011 restrictions set forth in §20.64.160 (Construction Within Floodways and Floodplains Restricted), §20.64.170 (General Standards), and §20.64.180 (Specific Standards for Zones A1-30, AH, and AE). 20.64.230 Utility Systems in Floodways and Floodplains. Whenever any portion of a proposed development is located within a floodway or floodplain, the agency or agencies responsible for certifying to the city the adequacy of the utility systems for the development (as set forth in Chapter 20.60) shall be informed by the developer that a specified area within the development lies within a floodway or floodplain. Thereafter, said agency shall certify, prior to approval of the proposed system, that: 1. All new and replacement water supply systems are designed to minimize or eliminate infiltration of flood waters into the systems; 2. Any proposed water wells are located on high ground that is not in the floodway (WAC 173-160-171); 3. New and replacement sanitary sewage systems are designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and, 4. On-site waste disposal systems are located to avoid impairment to them or contamination from them during flooding; and, 5. All new utilities would be located outside of the Channel Migration Zone. 20.64.240 Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 20.64.250 Additional Duties of Administrator Related to Flood Insurance and Flood Control, including information to be obtained and maintained The administrator shall: (a) For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on the city’s Flood Insurance Rate Map provided by the U.S. Federal Emergency Management Agency: 1. Obtain and record the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures including to which level it was flood-proofed; and (Amended by Ord. 1365, 6/13/05) 2. Obtain, for all structures that have been flood-proofed (whether or not such structures contain a basement) the elevation (in relation to mean sea level in the FEMA datum) to which the structure was flood-proofed; and 3. Maintain the floodproofing certifications found in others sections of this ordinace; and 4. For development that occurs outside of the protected area the city will track projects which have been issued floodplain development permits, including effects to flood storage and fish habitat and mitigation provided. 5. Maintain a record of all such information for public inspection. Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 15 July 2011 (b) Notify, in riverine situations, adjacent communities, the U.S. Army Corps of Engineers, the Washington State Department of Fish and Wildlife, and any effected diking or drainage districts prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Insurance Administrator. (c) Ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained and within the same sub-basin so carrying capacity is not diminished. (d) Maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 20.64.260 Variances from Requirements. (a) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one- half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1-11) in Subsection (i) have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases. (b) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (c) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result, or the development may eventually require additional structural flood protection. (d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. The submittal, review and approval of a Biological Assessment; 3. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 4. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (f) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except Subsection (i)1, and otherwise complies with §20.64.170(a) General Standards), 20.64.170(c), and §20.64.230 (Utility Systems in Floodways and Floodplains). (h) Any applicant to whom a variance is granted is hereby notified that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (i) In granting a variance, in addition to the findings of §20.20.030 (Variances), the decision- maker shall consider and make findings concerning all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and (including the degree to which the applicant proposes to mitigated impacts to) the following: Title 20—Land Use Code Chapter 20.64: Flooding, Drainage, & Erosion City of Arlington 20.64 - 16 July 2011 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The impact to ESA listed species; 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 5. The importance of the services provided by the proposed facility to the community; 6. The necessity to the facility of a waterfront location, where applicable; 7. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 8. The compatibility of the proposed use with existing and anticipated development; 9. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; 10. The safety of access to the property in times of flood for ordinary and emergency vehicles; 11. The expected heights, velocity, duration, rate of rise, debris and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, 12. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (j) Upon consideration of the factors of Subsection (b) and the purposes of this ordinance, the decision-maker may attach such conditions to the granting of a waiver, as it deems necessary to further the purposes of this chapter. Legend Riparian Boundary Channel Subject to Migration* FEMA Floodplain FEMA Floodway !"`$ ?Ó )g Arlington EverettC| ?Ó ?Ó South Fork Stillaguamish River E DIVISION ST W BURKE AVE N OLYMPIC AVE N WEST AVE E DIVISION ST SR 9 SR 530 SR 530 SR 530 City of Arlington Floodplain/FEMA Streams,Riparian Habitat Zone,Floodplain and Floodway:Old Town and Island Crossing Maps and GIS data are distributed “AS-IS” withoutwarranties of any kind, either express or implied,including but not limited to warranties of suitability fora particular purpose or use. Map data are compiledfrom a variety of sources which may contain errorsand users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability ofany nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of thedata presented in the maps. ´ RiparianHZ_11x17_10.mxd 05/24/2011 Date: File: Cartographer: DRAFT kdk 0 0.1 0.20.05 Miles ?Ó !"`$ Portage Creek South Slough SR 530 PIONEER HWY E SMOKEY POINT BLVD SMOKEY POINT BLVD SMOKEY POINT BLVD ´0 0.1 0.20.05 Miles City Limits City UGA Local roads Streams Rivers Ponds DRAFT *'Channels subject to migration' recieved from Snohomish County, 2010.Draft dFIRM floodplain and floodway data provided by FEMA, 2009 Streams and waterbodies courtesy of Snohomish County Dept of InformationSystems, June 2009. Aerials taken in June 2009. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #3 ATTACHMENT E COUNCIL MEETING DATE: November 21, 2011 SUBJECT: Legion Park Restrooms DEPARTMENT OF ORIGIN: Executive Paul Ellis ATTACHMENTS: -Bid Tab EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: N/A DESCRIPTION: Legion Park Restrooms Bid Tab HISTORY: The City has planned to put in permanent restrooms at Legion Park since the park was redone a few years ago. The design for the building is a train station similar to what was there for the railroad many years ago. We have $159,000 in grant money to cover the costs. The Bid Tab was distributed at the November 14th Council Workshop, indicating low bidder as Lone B. Construction, Inc. COMMITTEE REVIEW AND ACTION: ALTERNATIVES: -Do not approve Lone B. Construction, Inc. to construct the Legion park Restroom project. RECOMMENDED MOTION: I move that the Council authorize the Mayor to sign a contract with Lone B. Construction for the Legion Park Restroom project. City of Arlington Council Agenda Bill AGENDA ITEM: New Business #4 ATTACHMENT F COUNCIL MEETING DATE: November 21, 2011 SUBJECT: Lease Agreement with the Arlington Food Bank DEPARTMENT OF ORIGIN: Executive/ Paul Ellis 4603 ATTACHMENTS: Lease EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: Yes DESCRIPTION: The new Food Bank facility is being proposed for construction at the site of the old animal shelter. This site is leased to the City by the Airport with a portion of the property being used for the Police Impound. The Police Impound function would remain on site and the Food Bank would be constructed in an open unused area. The food bank would be responsible for all site improvements and construction of the new facility. The proposed lease would be for 25 years. HISTORY: The Food Bank is in need of a new facility. They are currently housed in an old house on West Cox near Haller Park. The facility is too small to meet the growing needs of the Food Bank and is in danger of flooding during the flood season. In 2010, the Food Bank applied for CDBG funding to construct a new facility. They received $255,000.00 and have been planning a new facility while working on a community capital campaign to rise additional funding. COMMITTEE REVIEW AND ACTION: ALTERNATIVES: -Table for future discussion. RECOMMENDED ACTION: I move to authorize the Mayor to sign the lease agreement with the Arlington Food Bank. City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT G COUNCIL MEETING DATE: November 21, 2011 SUBJECT: Renewal of EMS contracts with Fire Districts 21, 24, 25 DEPARTMENT OF ORIGIN: Fire ATTACHMENTS: Proposed EMS Interlocal Agreements for Fire District 21, 24 and 25 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: Emergency Medical Services LEGAL REVIEW: Completed on all 3 contracts DESCRIPTION: The attached 3 agreements will renew current contracts in place (with some concessions) that allows for Arlington to continue providing Emergency Medical Services to Fire Districts 21, 24, 25. Fire Districts 24 (Darrington) and District 25 (Oso) will extend by a contracted period of six (6) years. Fire District 21 (Arlington Rural) will extend for a period of two (2) years, thus aligning with current Fire contract that expires Dec. 31, 2013. HISTORY: The City of Arlington Fire Department has provided BLS and/or ALS services to Fire District 21 (Arlington Rural), Fire District 24(Darrington) and Fire District 25 (Oso) since May 1, 1999. These contracts have proven to be very beneficial to all agencies and allow us to continue to provide these services to all of our communities. ALTERNATIVES 1. Do not authorize Mayor to sign agreements and direct Fire Chief to continue negotiations with one or more of the Fire Districts. RECOMMENDED MOTION: I move to authorize the Mayor to sign the agreements with Districts #21, #24, & #25 for EMS services. INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES (1) Parties. The Parties to this Agreement (the “Agreement”) are the City of Arlington, State of Washington (“Arlington”), a municipal corporation, and Snohomish County Fire Protection District No. 21, a Washington municipal corporation, hereinafter referred to as the “District.” (2) Purpose. Arlington maintains and operates emergency medical services (EMS) vehicles in accordance with Chapters 18.71 and 18.73 RCW and Chapter 246-976 WAC. Said vehicles are staffed by emergency medical technicians and other Personnel by law. The purpose of this Agreement is to provide the services of emergency medical technicians and other personnel as needed by the persons within the boundaries of the District. (3) Term. The term of this agreement shall be for two years, commencing January 1, 2012, and terminating on December 31, 2013; provided, however, that any party to this agreement may terminate its participation in this agreement by giving written notice of such termination to the other Party to this agreement, said termination to be effective eighteen (18) months after the giving of such notice. (4) EMS Duties of Arlington. During the term of this Agreement, Arlington shall furnish emergency medical services, including ambulance, basic life support services, and advance life support services, to all persons within the geographical boundaries of the District. The emergency medical services shall be rendered on the same basis as such services are rendered to persons within the city limits of Arlington, but Arlington assumes no liability for failure to provide such services by reason of any circumstances beyond its control. (5) Arlington to Comply with Statutes. It shall be the duty of Arlington during the Agreement to provide vehicles and personnel conforming to the statutory and regulatory requirements of Chapter 18.71 and 18.73 RCW and Chapter 246-976 WAC. (6) State Certification Required. In the event for any reason Arlington shall lose its required state certification of its medical services vehicles and personnel and therefore become unable to perform the services required of it under this Agreement, it shall immediately notify the District. During the period of such discontinuance of service, the annual payment to be made by the District under Paragraph 15, below, shall be reduced by 1/365th for each day or portion thereof that Arlington is unable to perform such services. (7) Arlington as Administrator. Arlington shall provide the administration necessary to supervise the services provided under this Agreement, subject to its duties to report to the District and Advisory Board as set forth below. (8) Assignment of Personnel and Equipment. Arlington shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment performing under this Agreement, including the restocking of supplies to the District actually used during the provision of EMS service under this Agreement. A list of allowable items for restocking is attached to this agreement as Exhibit “A”. Arlington shall consult with the Advisory Board so that an appropriate level of service is provided within the geographical boundaries of the District. (9) Advisory Board. The operations necessary to carry out the purpose of this Agreement shall be subject to periodic review by representatives of the District and representatives of other Snohomish County Fire Protection Districts and municipalities contracting with Arlington for emergency medical services, acting as an Advisory Board. To be a voting member to the Advisory Board, contributions of EMS levy dollars collected by the District or municipality must be paid to Arlington for EMS services provided, shall be required. Each of the eligible District parties with voting status shall appoint one member and one alternate member to the Advisory Board. The Advisory Board shall have the authority and powers granted it by this agreement and such additional authority and power as may from time to time be conferred on it by written agreement of all Parties. (10) Advisory Board-Meetings. The Advisory Board shall meet regularly at such times and locations as may be set by the Board and shall follow such rules for the conduct of its meetings as may be established by the Board. All actions of the Board shall require the affirmative vote of a majority of the members of the Board. (11) Advisory Board Authority. The Advisory Board shall have no authority to modify or revise the terms of this Agreement. (12) Advisory Board-Review and Evaluation. The Advisory Board shall, from time to time, periodically review and evaluate the services which are provided pursuant to this Agreement. It may recommend rules and regulations to govern the provision of services under this Agreement, and may recommend revisions to this Agreement to the Parties hereto. The advisory Board shall also investigate and make recommendation to the Arlington City Council regarding issues of additional geographical areas of proposed service and cost of service for non-membership. (13) Budget Process. Arlington shall adopt an operating budget for the provision of services under this Agreement. Said budget shall be prepared in accordance with the Budgeting, Accounting and Reporting System (BARS) established by the Washington State Auditor’s Office, establishing the income and expense requirements and capital expenditures required to provide the services required by this Agreement. Arlington shall provide the proposed budget to the Advisory Board and District each year sufficiently in advance of Arlington’s budget hearings in order to enable the District to consider the budget and testify concerning the budget at the time the same is considered by Arlington. (14) Special Fund. Arlington shall create a special operating fund which shall be used for the payment of operating expenses related to services required under this Agreement. Arlington shall be responsible for the proper management and accounting of said funds in accordance with state law and this agreement. (15) The District shall transfer to Arlington for the services provided by Arlington, 94.5% of all EMS tax levy receipts received by the District. These receipts reflect 100 % of all EMS levy monies collected from that portion of the District south of the South Fork of the Stillaguamish river and 90% of the EMS levy monies collected from that portion of the District north of the South Fork of the Stillaguamish river. Payment shall be by monetary payments by said District on June 15 and December 15 of each year. (16) Liability. Each of the Parties to this Agreement shall, at all times, be solely responsible for the acts or failure to act of its personnel only, and shall save and hold the other Parties and their personnel harmless from all costs, expenses, losses, and damages, including costs of defense, incurred as a result of any acts or omissions or the Party’s personnel relating to the performance of this Agreement. (17) Insurance. Arlington shall provide insurance coverage for operations conducted under this Agreement. This agreement shall include all risk property insurance, insuring Arlington’s equipment and building required for the provision of services under this Agreement; general liability insurance, including errors and omissions coverage, with policy limit of $5,000,000.00; complete auto insurance, including comprehensive and collision coverage; and liability coverage with policy limits of $5,000,000.00. Arlington shall furnish upon request of any Party documentation showing that said coverage is in effect. (18) Reports. Arlington shall provide the District with a report not less than quarterly indicating the number, nature, and time of responses by Arlington, together with such other reports as may be necessary to advise the Advisory Board of operational issues. Upon request Arlington shall provide a representative to attend Fire District Commissioner meetings. (19) Modification. This Agreement represents the entire agreement between the Parties. No notice of termination or attempted waiver of any of the provisions of this Agreement shall be binding on any Party unless executed in writing by an authorized representative of said Party. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the Parties, and shall only be modified by written agreement of all Parties. (20) Benefits. This Agreement is entered into for the benefit of the Parties hereto only and shall confer no benefits, direct or implied, on any third persons. (21) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing, and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the receiving Party at the address as stated below or at such address as any Party may designate at any time in writing. (22) Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed counterparts shall be kept on file in the Arlington City Clerk’s office. . DATED this ______day of ______________, 2011. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor ATTEST: Address for notice purposes: 238 N. Olympic Avenue Arlington, WA. 98223 ______________________________ Kristin Banfield, City Clerk SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO.21 By:______________________________ James Strago, Commissioner By:______________________________ John Jacobson, Commissioner By:______________________________ Dan Britton, Commissioner Address for notice purposes: 12131 228th St. NE Arlington, WA 98223 INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES (1) Parties. The Parties to this Agreement (the “Agreement”) are the City of Arlington, State of Washington (“Arlington”), a municipal corporation, and Snohomish County Fire Protection District No. 24, a Washington municipal corporation, hereinafter referred to as the “District.” (2) Purpose. Arlington maintains and operates emergency medical services (EMS) vehicles in accordance with Chapters 18.71 and 18.73 RCW and Chapter 246-976 WAC. Said vehicles are staffed by emergency medical technicians and other Personnel by law. The purpose of this Agreement is to provide the services of emergency medical technicians and other personnel as needed by the persons within the boundaries of the District. (3) Term. The term of this agreement shall be for six years, commencing January 1, 2012, and terminating on December 31, 2117; provided, however, that any party to this agreement may terminate its participation in this agreement by giving written notice of such termination to the other Party to this agreement, said termination to be effective eighteen (18) months after the giving of such notice. (4) EMS Duties of Arlington. During the term of this Agreement, Arlington shall furnish emergency medical services, including ambulance and advance life support services, to all persons within the geographical boundaries of the District. The emergency medical services shall be rendered on the same basis as such services are rendered to persons within the city limits of Arlington, but Arlington assumes no liability for failure to provide such services by reason of any circumstances beyond its control. (5) Arlington to Comply with Statutes. It shall be the duty of Arlington during the Agreement to provide vehicles and personnel conforming to the statutory and regulatory requirements of Chapter 18.71 and 18.73 RCW and Chapter 246-976 WAC. (6) State Certification Required. In the event for any reason Arlington shall lose its required state certification of its medical services vehicles and personnel and therefore become unable to perform the services required of it under this Agreement, it shall immediately notify the District. During the period of such discontinuance of service, the annual payment to be made by the District under Paragraph 15, below, shall be reduced by 1/365th for each day or portion thereof that Arlington is unable to perform such services. (7) Arlington as Administrator. Arlington shall provide the administration necessary to supervise the services provided under this Agreement, subject to its duties to report to the District and Advisory Board as set forth below. (8) Assignment of Personnel and Equipment. Arlington shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment performing under this Agreement. Arlington shall consult with the Advisory Board so that an appropriate level of service is provided within the geographical boundaries of the District. (9) Advisory Board. The operations necessary to carry out the purpose of this Agreement shall be subject to periodic review by representatives of the District and representatives of other Snohomish County Fire Protection Districts and municipalities contracting with Arlington for emergency medical services, acting as an Advisory Board. Each of the eligible District parties shall appoint one member and one alternate member to the Advisory Board. The Advisory Board shall have the authority and powers granted it by this agreement and such additional authority and power as may from time to time be conferred on it by written agreement of all Parties. (10) Advisory Board-Meetings. The Advisory Board shall meet regularly at such times and locations as may be set by the Board and shall follow such rules for the conduct of its meetings as may be established by the Board. All actions of the Board shall require the affirmative vote of a majority of the members of the Board. (11) Advisory Board Authority. The Advisory Board shall have no authority to modify or revise the terms of this Agreement. (12) Advisory Board-Review and Evaluation. The Advisory Board shall, from time to time, periodically review and evaluate the services which are provided pursuant to this Agreement. It may recommend rules and regulations to govern the provision of services under this Agreement, and may recommend revisions to this Agreement to the Parties hereto. The advisory Board shall also investigate and make recommendation to the Arlington City Council regarding issues of additional geographical areas of proposed service and cost of service for non-membership. (13) Budget Process. Arlington shall adopt an operating budget for the provision of services under this Agreement. Said budget shall be prepared in accordance with the Budgeting, Accounting and Reporting System (BARS) established by the Washington State Auditor’s Office, establishing the income and expense requirements and capital expenditures required to provide the services required by this Agreement. Arlington shall provide the proposed budget to the Advisory Board and District each year sufficiently in advance of Arlington’s budget hearings in order to enable the District to consider the budget and testify concerning the budget at the time the same is considered by Arlington. (14) Special Fund. Arlington shall create a special operating fund which shall be used for the payment of operating expenses related to services required under this Agreement. Arlington shall be responsible for the proper management and accounting of said funds in accordance with state law and this agreement. (15) Payment for Services. The District shall transfer to Arlington for the services provided by Arlington to the District seventy percent (70%) of all EMS tax levy receipts received by said District. The remaining thirty percent (30%) of all EMS tax levy receipts received by said District shall be used to provide BLS services to the community. Payment shall be by monetary payments by said District on June 15 and December 15 of each year. (16) Liability. Each of the Parties to this Agreement shall, at all times, be solely responsible for the acts or failure to act of its personnel that occur or arise out of the performance of this agreement only, and shall save and hold the other Parties and their personnel harmless from all costs, expenses, losses, and damages, including costs of defense, incurred as a result of any acts or omissions or the Party’s personnel relating to the performance of this Agreement. (17) Insurance. Arlington shall provide insurance coverage for operations conducted under this Agreement. This agreement shall include all risk property insurance, insuring Arlington’s equipment and building required for the provision of services under this Agreement; general liability insurance, including errors and omissions coverage, with policy limit of $5,000,000.00; complete auto insurance, including comprehensive and collision coverage; and liability coverage with policy limits of $5,000,000.00. Arlington shall furnish upon request of any Party documentation showing that said coverage is in effect. (18) Reports. Arlington shall provide the District with a report not less than quarterly indicating the number, nature, and time of responses by Arlington, together with such other reports as may be necessary to advise the Advisory Board of operational issues. Upon request Arlington shall provide a representative to attend Fire District Commissioner or Town Council meetings. (19) Modification. This Agreement represents the entire agreement between the Parties. No notice of termination or attempted waiver of any of the provisions of this Agreement shall be binding on any Party unless executed in writing by an authorized representative of said Party. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the Parties, and shall only be modified by written agreement of all Parties. (20) Benefits. This Agreement is entered into for the benefit of the Parties hereto only and shall confer no benefits, direct or implied, on any third persons. (21) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing, and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the receiving Party at the address as stated below or at such address as any Party may designate at any time in writing. (22) Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed counterparts shall be kept on file in the Arlington City Clerk’s office. . DATED this ______day of ______________, 2011. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor ATTEST: Address for notice purposes: 238 N. Olympic Avenue Arlington, WA. 98223 ______________________________ Kristin Banfield, City Clerk SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO.24 By:______________________________ Dennis Vincent, Commissioner By:______________________________ Steve Ekstrand, Commissioner By:______________________________ Rich Dahl, Commissioner Address for notice purposes: P.O. Box 1238 Darrington, WA 98241 INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL SERVICES (1) Parties. The Parties to this Agreement (the “Agreement”) are the City of Arlington, State of Washington (“Arlington”), a municipal corporation, and Snohomish County Fire Protection District No. 25, a Washington municipal corporation, hereinafter referred to as the “District.” (2) Purpose. Arlington maintains and operates emergency medical services (EMS) vehicles in accordance with Chapters 18.71 and 18.73 RCW and Chapter 246-976 WAC. Said vehicles are staffed by emergency medical technicians and other Personnel by law. The purpose of this Agreement is to provide the services of emergency medical technicians and other personnel as needed by the persons within the boundaries of the District. (3) Term. The term of this agreement shall be for six years, commencing January 1, 2012, and terminating on December 31, 2117; provided, however, that any party to this agreement may terminate its participation in this agreement by giving written notice of such termination to the other Party to this agreement, said termination to be effective eighteen (18) months after the giving of such notice. (4) EMS Duties of Arlington. During the term of this Agreement, Arlington shall furnish emergency medical services, including ambulance, basic life support services, and advance life support services, to all persons within the geographical boundaries of the District. The emergency medical services shall be rendered on the same basis as such services are rendered to persons within the city limits of Arlington, but Arlington assumes no liability for failure to provide such services by reason of any circumstances beyond its control. (5) Arlington to Comply with Statutes. It shall be the duty of Arlington during the Agreement to provide vehicles and personnel conforming to the statutory and regulatory requirements of Chapter 18.71 and 18.73 RCW and Chapter 246-976 WAC. (6) State Certification Required. In the event for any reason Arlington shall lose its required state certification of its medical services vehicles and personnel and therefore become unable to perform the services required of it under this Agreement, it shall immediately notify the District. During the period of such discontinuance of service, the annual payment to be made by the District under Paragraph 15, below, shall be reduced by 1/365th for each day or portion thereof that Arlington is unable to perform such services. (7) Arlington as Administrator. Arlington shall provide the administration necessary to supervise the services provided under this Agreement, subject to its duties to report to the District and Advisory Board as set forth below. (8) Assignment of Personnel and Equipment. Arlington shall be responsible for the supervision, employment, termination, assignment and stationing of all personnel and equipment performing under this Agreement, including the restocking of supplies to the District actually used during the provision of EMS service under this Agreement. A list of allowable items for restocking is attached to this agreement as Exhibit “A”. Arlington shall consult with the Advisory Board so that an appropriate level of service is provided within the geographical boundaries of the District. (9) Advisory Board. The operations necessary to carry out the purpose of this Agreement shall be subject to periodic review by representatives of the District and representatives of other Snohomish County Fire Protection Districts and municipalities contracting with Arlington for emergency medical services, acting as an Advisory Board. Each of the eligible District parties with voting status shall appoint one member and one alternate member to the Advisory Board. The Advisory Board shall have the authority and powers granted it by this agreement and such additional authority and power as may from time to time be conferred on it by written agreement of all Parties. (10) Advisory Board-Meetings. The Advisory Board shall meet regularly at such times and locations as may be set by the Board and shall follow such rules for the conduct of its meetings as may be established by the Board. All actions of the Board shall require the affirmative vote of a majority of the members of the Board. (11) Advisory Board Authority. The Advisory Board shall have no authority to modify or revise the terms of this Agreement. (12) Advisory Board-Review and Evaluation. The Advisory Board shall, from time to time, periodically review and evaluate the services which are provided pursuant to this Agreement. It may recommend rules and regulations to govern the provision of services under this Agreement, and may recommend revisions to this Agreement to the Parties hereto. The advisory Board shall also investigate and make recommendation to the Arlington City Council regarding issues of additional geographical areas of proposed service and cost of service for non-membership. (13) Budget Process. Arlington shall adopt an operating budget for the provision of services under this Agreement. Said budget shall be prepared in accordance with the Budgeting, Accounting and Reporting System (BARS) established by the Washington State Auditor’s Office, establishing the income and expense requirements and capital expenditures required to provide the services required by this Agreement. Arlington shall provide the proposed budget to the Advisory Board and District each year sufficiently in advance of Arlington’s budget hearings in order to enable the District to consider the budget and testify concerning the budget at the time the same is considered by Arlington. (14) Special Fund. Arlington shall create a special operating fund which shall be used for the payment of operating expenses related to services required under this Agreement. Arlington shall be responsible for the proper management and accounting of said funds in accordance with state law and this agreement. (15) Payment for Services. The District shall transfer to Arlington for the services provided by Arlington 90% of all EMS tax levy receipts received by District. Payment shall be by monetary payments by said District on June 15 and December 15 of each year. (16) Liability. Each of the Parties to this Agreement shall, at all times, be solely responsible for the acts or failure to act of its personnel only, and shall save and hold the other Parties and their personnel harmless from all costs, expenses, losses, and damages, including costs of defense, incurred as a result of any acts or omissions or the Party’s personnel relating to the performance of this Agreement. (17) Insurance. Arlington shall provide insurance coverage for operations conducted under this Agreement. This agreement shall include all risk property insurance, insuring Arlington’s equipment and building required for the provision of services under this Agreement; general liability insurance, including errors and omissions coverage, with policy limit of $5,000,000.00; complete auto insurance, including comprehensive and collision coverage; and liability coverage with policy limits of $5,000,000.00. Arlington shall furnish upon request of any Party documentation showing that said coverage is in effect. (18) Reports. Arlington shall provide the District with a report not less than quarterly indicating the number, nature, and time of responses by Arlington, together with such other reports as may be necessary to advise the Advisory Board of operational issues. Upon request Arlington shall provide a representative to attend Fire District Commissioner meetings. (19) Modification. This Agreement represents the entire agreement between the Parties. No notice of termination or attempted waiver of any of the provisions of this Agreement shall be binding on any Party unless executed in writing by an authorized representative of said Party. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the Parties, and shall only be modified by written agreement of all Parties. (20) Benefits. This Agreement is entered into for the benefit of the Parties hereto only and shall confer no benefits, direct or implied, on any third persons. (21) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing, and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the receiving Party at the address as stated below or at such address as any Party may designate at any time in writing. (22) Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed counterparts shall be kept on file in the Arlington City Clerk’s office. . DATED this ______day of ______________, 2011. CITY OF ARLINGTON ______________________________ Margaret Larson, Mayor ATTEST: Address for notice purposes: 238 N. Olympic Avenue Arlington, WA. 98223 ______________________________ Kristin Banfield, City Clerk SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO.25 By:______________________________ Lisa Lamie, Commissioner By:______________________________ Syd Nerland, Commissioner By:______________________________ Tim Ward, Commissioner Address for notice purposes: 21824 S.R. 530 NE Arlington, WA 98223 City of Arlington Council Agenda Bill AGENDA ITEM: New Business #6 ATTACHMENT H COUNCIL MEETING DATE: November 21, 2011 SUBJECT: Resolution setting the 2012 Property Tax Levies DEPARTMENT OF ORIGIN: Executive, Allen Johnson 403-3443 Finance, Jim Chase 403-3422 ATTACHMENTS: Proposed Resolution for setting property tax levies Information regarding tax levy history, 2012 calculation EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: Resolution language is from Snohomish County Assessor’s Office and State Dept. of Revenue DESCRIPTION: Per the Snohomish County Assessor’s Office, the Assessed Value of property within the city limits of Arlington dropped in value by approx. 9.5%. Based in this information, the proposed General property tax levy rate for 2012 will increase to $ 1.31 (from $1.17) per $ 1,000 of assessed valuation and the EMS levy maximum is $0.50 per $1,000 of AV. The proposed levy includes the tax from new construction, annexations, the amount we are allowed to recoup from refunds and abated taxes due to destroyed property and a 1% increase (the lesser of 1% or Implicit Price Deflator (IPD). IPD for this calculation is 2.755%. Property taxes are used to provide basic city services. HISTORY: The City Council is required, following public hearing, to set an annual property tax levy by November 30th of each year. ALTERNATIVES: Increase the General property tax levy by 1%, plus tax on new construction, annexations and refunds. Don’t increase the General property tax levy. RECOMMENDED MOTION: I move that Council adopt the proposed Resolution setting the property tax levies for 2012. RESOLUTION NO. 2011-xxx RESOLUTION NO. 2011-xxx A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON TO INCREASE THE 2011 PROPERTY TAX LEVY WHEREAS, the City Council of the City of Arlington has met and considered its budget for the calendar year 2012; and WHEREAS, the City’s actual levy amount from the previous year (2011) was $2,360,662 for regular property taxes and $937,875 for Emergency Medical Services (EMS) property taxes. WHEREAS, the population of the City of Arlington is more than 10,000, and WHEREAS, the City Council of the City of Arlington after hearing and after duly considering all relevant evidence and testimony, determined that the City of Arlington requires a 2012 regular property tax levy in the amount of $ 2,391,761 (includes refunds), and an EMS tax levy in the amount of $913,804 (includes refunds) and includes estimated amounts resulting from the addition of new construction and improvements to property, any increases in the value of state- assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington, Washington: Section 1. That an increase in the regular property tax levy is hereby authorized for the 2012 levy in the amount of $ 23,606, which is a percentage increase of 1% from the previous year. Section 2. That a decrease in the EMS property tax levy is hereby calculated for the 2012 levy in the amount of $24,072, which is a result of a reduction in Assessed Value of 9.46% from the previous year and a maximum levy rate of 50 cents per $1,000 of Assessed Value. Section 3. These increases are exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increases in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made, also known as “add-ons”. Section 4. If any provision, section, or part of this resolution shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Passed by the City Council of the City of Arlington at a regular meeting on the 21st day of November , 2011. RESOLUTION NO. 2011-xxx ________________________________ Margaret Larson, Mayor ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ______________________ Steven J. Peiffle, City Attorney