HomeMy WebLinkAbout10-03-2011_Council Meeting Packet
Arlington City Council
October 3, 2011 – 7 PM
City Council Chambers
110 E. Third
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
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 September 19 & 26, 2011 meetings ATTACHMENT A
2. Accounts Payable
3. Fire Prevention Week Proclamation ATTACHMENT B
PUBLIC HEARING
1. Medical Marijuana Moratorium ATTACHMENT C
UNFINISHED BUSINESS
NEW BUSINESS
1. Centennial Trail Award ATTACHMENT D
2. 67th Avenue Project Phase III, Contract Supplement #6 ATTACHMENT E
3. 67th Avenue Phase 3 Easements & Dedications ATTACHMENT F
4. Land Use Code Amendments – AMC Chapters 20.08, 20.40, 20.44 ATTACHMENT G
DISCUSSION ITEMS
1. 2012 Budget
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To download all attachments, click here
DRAFT
Page 1 of 3
Council Chambers
110 East Third
September 19, 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, Fire Chief
Bruce Stedman, Jim Kelly, Eric Scott, David Kuhl, Todd Hall, Cristy Brubaker, Jan Bauer, Steve Peiffle –
City Attorney
Also Known to be Present: Walt Riebe, Vic and Connie Ericson, Ken Klein, Neil Knutson, Mike
Hobson, Fred Owyen, Jeannine and Alan Lish, Kirk Boxleitner
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
APPROVAL OF THE AGENDA
moved to approve the Agenda. seconded the motion which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Recognition of Scouts Ryan Winder who painted Fire Station; Ryan Guentz who worked on the
flagpole mounts around Legion Park; and Tanner Swanson who installed Kiosks on the Trail
Assistant City Administrator Kristin Banfield introduced the Scouts who have been working to earn an
Eagle Scout Award. Each Scout, Ryan Winder and Tanner Swansond were in attendance, was
recognized individually by the City and presented a certificate awarded by the Mayor and City Council.
Chief Bruce Stedman spoke to the fire station painting project by Ryan Winder and presented him an
Arlington Fire Fighter’s sweatshirt, as well.
Recognition of Vic Ericson
City Administrator Allen Johnson spoke to the many accomplishments that Vic Ericson was associated
with, and he then introduced Mr. Ericson who received a plaque and heard special words from Mayor
Larson. Vic and his wife then shook Council and Staff hands, and Mr. Ericson spoke.
PUBLIC COMMENT
There was no one in the audience who wished to speak on items not on the agenda.
CONSENT AGENDA
Steve Baker moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1. Minutes of the September 6 and 12, 2011 meetings
2. Accounts Payable
Electronic Payments and Claims Checks #74588 through #74686 dated September 1, 2011
through September 19, 2011 in the amount of $207,799.53
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT September 19, 2011
Page 2 of 3
PUBLIC HEARING
Proposed Amendments to AMC Title 20, Land Use Code
Associate Planner Todd Hall presented the Land Use Code Amendment. He addressed changes that
had been made regarding home occupations, and a proposed change regarding the minimum acreage
requirement.
The Public Hearing was opened at 7:25PM.
Vernon Beach, 9111 Tveit Road, Arlington, spoke to the Council, voicing his support to the proposed
change in minimum acrege to 20 acres, as proposed.
City Attorney Steve Peiffle noted that the form of the Ordinance presented to the Council needs a slight
change which would then be reviewed by the City Attorney.
The Public Hearing was closed at 7:27PM.
Steve Baker moved to present the item for consideration at the next Council meeting. Dick Butner
seconded the motion which passed with a unanimous vote.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
186th Street ROW Dedication from Arlington School District
Public Works Director Jim Kelly asked for Council questions that could be directed toward School District
Facilities and Operations Assistance person Fred Owyen, and there were none.
Dick Butner moved to accept the Right of Way for 186th Street from the Arlington School District and
authorize the City Attorney to prepare the required dedication documents for signature by the Mayor and
the Arlington School District. Sally Lien seconded the motion that passed with a unanimous vote.
74th Street ROW Dedication from Enviro Propane
Mr. Kelly noted the dedication from Environ Propane.
Dick Butner moved to approve the acceptance of Right of Way for future construction of 74th Avenue
through the Arlington Industrial Park from Enviro Propane and authorize the City Attorney to prepare the
required dedication documents for signature by the Mayor and Enviro Propane. Sally Lien seconded the
motion that passed with a unanimous vote.
Authority to Bid Centennial Trail Gap South using Small Works Roster
Mr. Kelly spoke to both of the South and the Central sections of the Centennial Trail.
Marilyn Oertle moved to authorize the staff to advertise the 2011 Centennial Trail Improvements Project
for bid to select contractors from the City’s Small Works Roster. Sally Lien seconded the motion that
passed with a unanimous vote.
WWTP Change Order #10
Mr. Kelly addressed the close out of the Water Reclamation Facility, a simple change order that would
cost no money.
Dick Butner moved to accept Change Order No. 6 to the IMCO WWTP Upgrade and Expansion
construction contract and authorize the Mayor to sign the change order pending final approval by the City
Attorney. Marilyn Oertle seconded the motion that passed with a unanimous vote.
Dick Butner moved to amend the motion to reflect the correct change order number from 6 to 10. Sally
Lien seconded themotion which passed with a unanimous vote.
Minutes of the City of Arlington City Council Meeting DRAFT September 19, 2011
Page 3 of 3
WWTP Project Final Acceptance Letter
Mr. Kelly spoke to the Final Acceptance and Close Out letter. He then answered Council questions.
Dick Butner moved to acknowledge that IMCO General Contractors have met the contractual
requirements for construction of the WWTP Upgrade and Expansion project and authorize the Mayor to
sign a Letter of Final Acceptance to that effect, pending final review by the City Attorney. Sally
seconded the motion which passed with a unanimous vote.
Approval of Proposed Timeline for Filling Council Vacancy
Assistant City Administrator Kristin Banfield reviewed the timeline created for filling the vacancy of
Councilman Solla.
With Council conflicts occurring on some dates, it was decided that deliberation would occur on
November 28th, with the option for another meeting to be scheduled after that, if necessary.
Steve Baker moved to adopt the proposed timeline, with discussed changes,for filing the Council
vacancy. Sally Lien seconded the motion that passed with a unanimous vote.
ADMINISTRATOR’S REPORT
City Administrator Allen Johnson stated that a freeze will be initiated on this year’s budget. The budget
will be addressed at the next Council Workshop.
MAYOR’S REPORT
Mayor Larson noted activities and meetings she had recently attended.
COUNCIL MEMBER REPORTS – OPTIONAL
Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker gave brief reports while Dick Butner and
Sally Lien had nothing to report at this time.
EXECUTIVE SESSION
Mr. Peiffled stated that there was no need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:01PM.
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 1
Council Chambers
110 East Third Street
September 26, 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, Fire Chief Bruce Stedman, Jim Kelly,
David Kuhl, Jeff Pitman, Bryan Terry, Tony Harrell, Sherri Phelps, Linda Taylor, Cristy Brubaker, Paul
Ellis, Monica Schlagel, Josie Griffiths, David Kraski, Ray Drake, Rory Bolter, Dan Hargrove, Julie Good,
Roxanne Guenzler, Katie Kelleher, Traci Gunderson, Jason Abrahamson, Mike Wolanek, Eric Scott, Ken
Clarke, Tom Cooper, Jan Bauer, Steve Peiffle – City Attorney
Council Members Absent: All Council members were present.
Also Known to be Present: Sarah Arney – North County Outlook, Jim Rankin, Mike Hopson, Ken Klein,
David Mathieson – Planning Commission, Debora Nelson, Barbara Tolbert, and Gale Fiege – Everett
Herald.
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 – NO ACTION WAS TAKEN
2012 BUDGET - DISCUSSION
With the use of a power point presentation Finance Director Jim Chase reviewed the 2011 – 2012 Budget
distributed earlier in the evening. He gave the Budget Options including suggested Short Time Revenue
Increases and Immediate Expenditure Decreases, Employee Count, and the 2011 – 2012 Revenue
Timeline. At the conclusion of his presentation Mr. Chase answered Council questions. Assistant City
Administrator Kristin Banfield, City Attorney Steve Peiffle, Jim Kelly Paul Ellis, and City Administrator
Allen Johnson also answered Council questions. A lengthy discussion followed.
BRIEF REVIEW OF COUNCIL AGENDA ITEMS FOR THE OCTOBER 3RD COUNCIL MEETING:
Public Works Director Jim Kelly briefly reviewed the following items:
Centennial Trail Award
Mr. Kelly asked for Council approval as long as the bid comes under the estimate. He then answered
Council questions.
67th Avenue Phase 3 Contract Amendment
This is Supplement #6, and Mr. Kelly announced that the BNSF approval has been granted.
67th Avenue Phase 3 Easements & Dedications
Mr. Kelly discussed the City’s request for easements along 67th Avenue, and throughout the presentation
he answered Council questions.
ADJOURNMENT
The meeting was adjourned at 8:14PM.
____________________________
Margaret Larson, Mayor
Minutes of the Arlington
City Council Workshop
Fire Prevention Week 2011
It’s Fire Prevention Week. Protect your Family from Fire!
WHEREAS, the City of Arlington is committed to ensuring the safety and security of all
those living in and visiting our City; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes
are the locations where people are at greatest risk from fire; and
WHEREAS, home fires killed more than 2,500 people in the United States in 2009,
according to the latest research from the nonprofit National Fire Protection Association (NFPA),
and fire departments in the United States responded to more than 360,000 home fires; and
WHEREAS, cooking equipment is the leading cause of home structure fires and
associated injuries, and the third leading cause of home fire deaths; and
WHEREAS, heating and electrical equipment and smoking materials are among the
leading causes of all reported home fires; and
WHEREAS, home candle fires are reported to a US fire department every 30 minutes, on
average; and
WHEREAS, the risk of dying in a home structure fire caused by smoking materials rises
with age; and
WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half;
and
WHEREAS, automatic fire sprinkler systems cut the risk of dying in a home fire by about
80%; and
WHEREAS, Arlington’s first responders are dedicated to reducing the occurrence of
home fires and home fire injuries through prevention and protection education; and
WHEREAS, Arlington’s residents are responsive to public education measures and are
able to take personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, residents who have planned and practiced a home fire escape plan are more
prepared and will therefore be more likely to survive a fire; and
WHEREAS, the 2011 Fire Prevention Week theme, “It’s Fire Prevention Week. Protect
your Family from Fire!” effectively serves to remind us all of the simple actions we can take to
keep our homes and families safe from fire during Fire Prevention Week and year-round.
THEREFORE, I, Margaret Larson, Mayor of Arlington, do hereby proclaim October 9-
15, 2011 as
Fire Prevention Week
throughout this City, and I urge all the people of Arlington to protect their homes and families by
heeding the important safety messages of Fire Prevention Week 2011, and to support the many
public safety activities and efforts of Arlington’s fire and emergency services.
In official recognition whereof, I hereby affix my signature this the 3rd day of October, 2011.
____________________________________
Margaret Larson
Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Public Hearing
ATTACHMENT C
COUNCIL MEETING DATE:
October 3, 2011
SUBJECT:
Medical Marijuana Moratorium
DEPARTMENT OF ORIGIN:
Community Development
Police Department
ATTACHMENTS:
-Work Program
-Ordinance
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
DESCRIPTION:
State Law requires a public hearing to be held within 60-days of Council action on a
moratorium. Council approved a six-month moratorium for medical marijuana on August 15,
2011. This is a request to adopt findings in an ordinance and extend the current moratorium to
a full-year.
HISTORY:
Council approved the moratorium on August 15, 2011 and today’s date is the last regular
meeting date available prior to the sixty-day requirement for holding a public hearing. During
this time period, staff has met with the Community Development and Police Departments of
Lake Stevens and Marysville to review options on regulating medical marijuana operations. We
are currently working to establish regulations that would be consistent between the three
jurisdictions to ensure consistency in our approach.
COMMITTEE REVIEW AND ACTION:
An advertisement was done for the public hearing on Monday, September 26, 2011 to meet the
seven-day advance notice requirement. During the timeline outlined in the attached work
program, we will conduct research, hold meetings and develop regulations that pertain to the
regulation of collective gardens. Collective Gardens were authorized by the Legislature in 2011.
This action today would extend the medical marijuana moratorium for a full twelve months
from the date of original adoption.
ALTERNATIVES:
-Do not approve the medical marijuana moratorium.
RECOMMENDED ACTION:
-Approve the ordinance relating to a medical marijuana moratorium, establishing findings and
extending the time period to a full twelve months from the original date of adoption.
Ordinance No. 2011-xxx 1
ORDINANCE NO. 2011-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON,
ADOPTING FINDINGS OF FACT IN SUPPORT OF A MORATORIUM
ON THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES, COLLECTIVE GARDENS AND THE LICENSING AND
PERMITTING THEREOF AND ADOPTING A WORK PLAN TO
EXTEND THE MORATORIUM FOR A FULL YEAR
WHEREAS, the City Council on August 15, 2011 imposed a moratorium on the
acceptance of certain development applications relating to medical marijuana gardens for a
period of up to six months and further conducted a public hearing on the proposed regulations on
October 3, 2011 in accordance with RCW 35A.63.220 and RCW 36.70A.390; and
WHEREAS, the City Council, after considering the public comment taken and
information provided by staff, deems it to remain in the public interest to have a moratorium
related to medical cannabis collective gardens until the City can consider all of the land use
impacts of collective gardens, draft regulations, hold hearings and adopt regulations on the
subject in light of the new legislation; and
WHEREAS, the City Council wishes to adopt a work plan and extend the moratorium for
a full twelve months from the date of the original adoption;
NOW, THEREFORE, the City Council of the City of Arlington, Washington, do
ordain as follows:
Section 1. Findings. The City Council makes the following findings:
1. Initiative Measure No. 692, approved November 3, 1998, created an affirmative
defense for “qualifying patients” to the charge of possession of marijuana.
2. The initiative and current Chapter 69.51A RCW are clear that nothing in its provisions
are to be “construed to supersede Washington state law prohibiting the acquisition, possession,
manufacture, sale or use of marijuana for non-medical purposes”.
3. The Washington State Department of Health opines that it is “not legal to buy or sell”
medical marijuana and further opines that “the law [Chapter 69.51.A RCW] does not allow
dispensaries”, leaving enforcement to local officials.
4. The City Council finds that the sale of marijuana, no matter how designated by
dispensaries, is prohibited by federal and state law.
5. ESSB 5073 – Chapter 181, Laws of 2011 (“the bill”) was adopted with a partial veto
of the Governor and becomes effective July 22, 2011.
Ordinance No. 2011-xxx 2
6. Section 404 of the bill effectively eliminates medical marijuana dispensaries as a
legally viable model of operation under State law.
7. Section 403 of the bill provides that qualifying patients may create and participate in
collective gardens for the purpose of producing, processing, transporting and delivering cannabis
for medical use subject to compliance with specific statutory conditions.
8. The City acknowledges the right of qualified health care professionals to prescribe the
medical use of marijuana as well as the right of patients to designate a “designated provider”
who can “provide” rather than sell marijuana to “only one patient at any one time”.
9. As part of the process for the adoption of zoning regulations, the land use impacts of
medical marijuana or cannabis collective gardens, dispensaries, processing facilities and
production facilities must be identified.
10. Many jurisdictions around the country that have approved medical marijuana uses
have experienced numerous land use impacts, such as:
• conversion of residential uses into marijuana cultivation and processing facilities,
removing valuable housing stock in a community;
• degrading neighborhood aesthetics due to shuttered up homes, offensive odors,
increased night-time traffic, parking issues, and loitering from potential purchasers
looking to buy from a collective member;
• environmental damages from chemicals being discharged into surrounding and off-
site soil and storm and sanitary sewer systems;
• serious risk of fire hazard due to overloaded service connections used to operate grow
lights and fans;
• improper ventilation leading to high levels of moisture and mold;
• illegal structural modifications; and
• criminal issues such as home invasions, burglaries of medical marijuana facilities,
theft and property damage.
11. Pursuant to Section 1102 of the bill and under their general zoning and police powers
cities are authorized to adopt and enforce zoning requirements, business licensing requirements,
health and safety requirements and business taxes on the production, processing or dispensing of
cannabis or cannabis products.
12. Unless a moratorium is imposed, collective gardens may be established within the
City of Arlington while the City lacks the necessary tools to ensure that the location is
appropriate and that the secondary impacts of such facilities are minimized and mitigated.
Section 2. The work plan attached hereto as Exhibit “A” is hereby adopted in support of
the moratorium. In light of the adoption of the work plan, the City Council further elects
pursuant to RCW 36.70A.390 to extend the moratorium for a full year from the date of original
adoption, or until August 14, 2012.
Ordinance No. 2011-xxx 3
Section 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 4. Publication. This ordinance shall be published by an approved summary
consisting of the title.
Section 5. Effective Date. This ordinance shall take effect and be in full force and effect
within five days after publication as provided by law.
CITY OF ARLINGTON:
______________________________________
Margaret Larson, Mayor
ATTEST:
______________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
______________________________________
Steve Peiffle, City Attorney
Work Program
Medical Marijuana Zoning Ordinance Development
Project Objective: Research and develop an ordinance to implement the safe and
legal approach to collective marijuana gardens as allowed under Washington State
Law.
Staff Involved: •Community Development – David Kuhl, Director and Todd
Hall, Associate Planner
•Police – Nelson Beazley, Chief
•Executive – Allen Johnson, City Administrator, Kristin
Banfield, Assistant City Administrator
•Legal – Steve Peiffle, City Attorney
Budget and General Fund 2011 and 2012
Schedule:
August 15, 2012 Ordinance Effective
July 10-15, 2012 Publish Ordinance
July 2nd, 2012 Public Hearing City Council
June 5th, 2012 Public Hearing Planning Commission
May 2012 Advertise Public Hearings
May 2012 Work Sessions City Council, Planning Commission
March-April, 2012 Draft Codes including revisions
Jan-March, 2012 Code Development with Lake Stevens and Marysville
Oct-Dec, 2011 Research to include:
Land-use studies, American Planning Association (APA)
reports, APA Washington reports, MRSC background, taxes,
existing operations, legal issues, health and safety concerns,
building code issues, business license approaches.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT D
COUNCIL MEETING DATE:
October 3, 2011
SUBJECT:
Authority to Award the 2011 Centennial
Trail Improvements Project
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• No attachments
EXPENDITURES REQUESTED: $136,000
BUDGET CATEGORY: Snohomish County Parks ($36,000) and
Transportation Improvement Fund (100,000)
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: Authorization to award construction contract for the 2011 Centennial Trail
Improvements Project as long as bidder is qualified and bid amount is less that requested
expenditure.
HISTORY: The Centennial Trail is a 17.5 mile paved hiking trail that runs on the right-of-way of
the Sumas Branch of the former Seattle, Lake Shore and Eastern Railway which connected
Seattle with Canada. The Centennial Trail has become a very popular recreational trail for
walking, bicycling, hiking, and horseback riding accessible to persons of all levels of physical
ability.
There are still sections of the trail that remain incomplete; two of these sections include a
segment from 168th St to a72nd St and a segment between 3rd St and 4th St. Staff has prepared
plans and specifications for completion of the above two trail segments and we are now ready to
go to bid using the Small Works Roster. Cost estimate is as follows:
Trail Seg 1 $ 72,000
Trail Seg 2 $ 40,000
CM & Testing $ 10,000
Contingency $ 14,000
Total $136,000
ALTERNATIVES:
• Do not authorize award
• Defer construction until next year
RECOMMENDED MOTION:
Motion authorizing the mayor to award construction of the 2011 Centennial Trail Improvements
Project to the lowest qualified bidder and sign the construction contract as long as accepted bid
is lower than the engineers project estimate, and pending final approval by City Attorney.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT E
COUNCIL MEETING DATE:
October 3, 2011
SUBJECT: HDR Engineering Contract for 67th
Avenue Reconstruction Project Phase III,
Supplement #6
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• Scope of Work and Fee estimate
EXPENDITURES REQUESTED: $66,085.99
BUDGET CATEGORY: Transportation Improvement and STP Grant
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: The City has contracted with HDR Engineering for design for Phase III
reconstruction of 67th Avenue. There are nine additional Right-of Way parcels than what was
estimated in the original scope and fee estimate.
HISTORY: In May of 2009 Council authorized staff to contract with HDR Engineering for
Completion of a 30% design for Phase III reconstruction of 67th Avenue NE from 204th Street NE to
Olympic Avenue and West Avenue; after the completion of the 30% design, the City extended the
contract to include final design (100%) in September of 2010.
As part of the final design, the City has to prepare a Right-of-Way acquisition program in accordance
with WSDOT regulations. The original proposal for final design estimated acquisition of ROW from
10 parcels – final design has ROW required from 19 parcels. Supplement #5 provides a scope and fee
for needed to accommodate the extra nine parcels.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
Motion authorizing the mayor to sign Supplement #6 to the City of Arlington – HDR contract,
pending final approval by the City Attorney.
September 19, 2011
James X. Kelly
238 N. Olympic Avenue
Arlington, WA 98223
Re: 67th Ave NE Phase III
Supplement Request
Dear Jim,
Per our discussion, this letter documents key project
schedule and budget on the 67
required to address these issues was not anticipated in our scope of services and is
being documented here to justify our recent request for ad
and their impacts are described below:
Issue 1 – BNSF Easement Negotiations
• It is desirable to obtain an
BNSF property adjacent to the trail.
the trail and road.
• Pursuing this easement has been difficult and time consuming.
declined our request without reviewing the merits of our proposal, stating that
their new policy was to
• We still made several attempts
since it provided the preferred project outcome with no apparent negative
consequence to BNSF.
them in a discussion about the merits of our proposal
• As a last resort, you contact
with our efforts to engage BNSF. This
now discussing the project with us.
analyze how future rail expansion may or may not be restricted if they do grant
this easement. This has required us to provide preliminary designs for various
track alignments which was not considered a part of the origina
estimate. The related work has
significant impact on the project design budget
answer from BNSF.
Issue 2 – ROW Agreements
67th Ave NE Phase III
Supplement Request #6
Per our discussion, this letter documents key project issues impacting our scope,
schedule and budget on the 67th Ave NE Phase III project. The extra time and effort
required to address these issues was not anticipated in our scope of services and is
being documented here to justify our recent request for additional fee. The key issues
and their impacts are described below:
BNSF Easement Negotiations
It is desirable to obtain an easement from BNSF to extend a retaining wall on
BNSF property adjacent to the trail. The less desirable alternative is
Pursuing this easement has been difficult and time consuming. Initially, BNSF
declined our request without reviewing the merits of our proposal, stating that
their new policy was to reject any request for easements parallel to their rail lines.
still made several attempts to get BNSF to review and consider our proposal
since it provided the preferred project outcome with no apparent negative
consequence to BNSF. Unfortunately, BNSF ignored all our attempts
m in a discussion about the merits of our proposal.
contacted Congressman Rick Larson to request his support
with our efforts to engage BNSF. This led to a positive outcome and
now discussing the project with us. As a result, BNSF has required that we
analyze how future rail expansion may or may not be restricted if they do grant
has required us to provide preliminary designs for various
which was not considered a part of the original scope and fee
related work has been very time consuming and has had a
significant impact on the project design budget. We still do not have a final
issues impacting our scope,
The extra time and effort
required to address these issues was not anticipated in our scope of services and is
The key issues
easement from BNSF to extend a retaining wall on
The less desirable alternative is to realign
Initially, BNSF
declined our request without reviewing the merits of our proposal, stating that
to their rail lines.
our proposal
since it provided the preferred project outcome with no apparent negative
attempts to engage
to request his support
a positive outcome and BNSF is
required that we
analyze how future rail expansion may or may not be restricted if they do grant
has required us to provide preliminary designs for various
l scope and fee
had a
e still do not have a final
Page 2
• The project requires right of way agreements from 19 property owners. City
council has directed us to leave condemnation out of the process and attempt to
amicably negotiate all agreements with property owners. We discussed this
approach with city staff and noted that it could result in a more costly, and time
consuming acquisition effort.
• The project team has spent the last five months pursuing right of way
agreements. Unfortunately, there are six property owners that have refused to
sign an agreement and/or have made requests for compensation that exceed the
appraised impacts to their properties. These owners include the Myricks, the
Alspachs, the Taylors (Marion), the Bradleys, STC Properties, and Twin City
Foods.
• Without condemnation authority, there is no legally mandated end to the
negotiations, and we are forced to continue negotiating until the property owners
are completely satisfied. This open-ended process requires a significantly
increased effort on the part of our right of way agents. It also increases the city’s
compensation to property owners in order to satisfy property owner requests.
Issue 3 – Changes to FHWA Reporting Requirements
• Recent FHWA staff changes have resulted in a more strict interpretation of right
of way regulations. In response WSDOT has revised many of their right of way
procedures. WSDOT and FHWA require that our project use these new
procedures. The end result for local agencies is considerably more time spent
documenting discussions and negotiations by right of way staff. FHWA has also
severely restricted right of way actions that can be performed by City staff,
requiring cities to increase hours for certified consultant right of way agents.
Issue 4 – Utility Potholing
• The City requested that the sanitary sewer trunk line adjacent to 67th Ave NE be
upsized as a part of the project. We have been able to absorb the additional
design fees, but will need to subcontract for the potholing of existing utilities.
Issue 5 – Retaining Walls and Street Amenities
• In order to facilitate discussions with the Council, we were asked to prepare
Council presentations showing options for retaining wall design and street
amenities (benches, trash receptacles, bike racks, etc.). Our scope of services
assumed a standard cast-in-place concrete wall and City Standard street
amenities.
The key issues discussed above have significantly increased our level of effort with
respect to BNSF coordination, ROW acquisition tasks, utility design, and wall and street
amenities appearance. Our current design budget is not sufficient to absorb this extra
Page 3
level of effort. I would appreciate the opportunity to discuss a fee supplement with you
to cover these extra project costs.
The table below highlights the work, value and completion date of the original contract
and contract supplements for the project to date.
Supplement # Amount Work Authorized
Completion
Date
Original
Contract $558,566.29 30% Design 12/31/2009
1 $66,319.17 Trail Alternatives Analysis 6/30/2010
2 $0.00 Scope change for new trail alignment 12/31/2010
3 $570,629.46 Final Design 9/30/2011
4 -$13,483.06
Air-Noise Analysis; credit of remaining
30% fee to City 9/30/2011
5 $45,773.21
Increase right of way parcels from 10
to 19; add constructability review 9/30/2011
6 (pending) $66,085.99
Increased right of way negotiations,
phasing analysis, BNSF alignment
shift, Council presentations 6/30/2012
Sincerely,
Eric Dawson, PE
Project Manager
Enclosures
cc: Cristy Brubaker, City of Arlington
Eric Scott, City of Arlington
Rob Gorman, HDR
Attachment A, Scope of Services
Supplement 6 Page 1
Attachment A
67th Avenue Phase III Reconstruction
City of Arlington, Washington
Supplement 6 Scope of Services
Introduction
During the term of this Supplement, HDR Engineering, Inc., (CONSULTANT) will
perform professional services for the City of Arlington (CITY) in connection with the
67th Avenue Phase III Reconstruction Project (PROJECT). This Scope of Services will be
used to plan, conduct, and complete the work on the PROJECT as described herein or as
amended by additional supplement between the CONSULTANT and CITY.
This supplement addresses the need for additional right of way services, additional
coordination with BNSF, utility potholing, and Council Presentations.
Task A - Project Management
1. Meetings and Project Reporting
Progress meetings with the CITY will be conducted on bi-weekly basis.
CONSULTANT will provide the CITY with an agenda before each progress
meeting. CONSULTANT will be responsible for taking minutes at progress
meetings and will supply the CITY with a copy of the meeting notes.
CONSULTANT will prepare and submit a Progress Report with each invoice.
The Progress Report will summarize:
• Work accomplished during the billing period
• Work planned during the next billing period
• Meetings attended
• Issues encountered and recommendations for addressing issues
• Potential impacts to scope, schedule or budget
Monthly invoices for work completed will be submitted to the CITY.
CONSULTANT will discuss project issues or potential project issues, and will
present alternatives or make recommendations to address the issues.
An Earned Value Worksheet will be updated and submitted by CONSULTANT
with each invoice. The purpose of the Earned Value Worksheet is to help
effectively manage and track schedule and budget. An assessment of the
percentage of work completed for each task will be made by CONSULTANT for
each invoice.
Assumptions:
• Project duration for this supplement will be 7 months
• 14 1-hour progress meetings will occur (4 in-person, 10 conference call)
Attachment A, Scope of Services
Supplement 6 Page 2
Deliverable(s):
• Monthly invoices and progress reports (1 hard copy)
• Meeting minutes from progress meetings (1 electronic PDF copy)
3. Sub-Consultant Management
It is the responsibility of CONSULTANT to manage the consultant team.
Subconsultants will report directly to CONSULTANT for PROJECT direction
and management. CONSULTANT will:
• Establish, maintain, and administer agreements with subconsultants, and
ensure contractual requirements are met.
• Provide regular direction to CONSULTANT team.
• Conduct internal coordination meetings between PROJECT team
members as appropriate to control the work.
• Monitor the planned versus actual rate of expenditure and progress for
each Task and take corrective actions, if and when necessary.
• Inform the PROJECT team of issues to be resolved, the schedule for
resolution, and the potential impacts to the successful completion of the
PROJECT.
• Monitor in-house and subconsultant work for adherence to scope,
schedule, budget, and quality standards.
• Manage integration of the Subconsultant’s work.
• Monitor and confirm that PROJECT work is being performed and
prepared in compliance with the stated PROJECT standards.
• Verify that the documents and electronic files generated for the PROJECT
are being documented and retained in PROJECT files consistent with
CITY and CONSULTANT requirements.
Task G - Right of Way
Consultant will provide the following right-of-way services
General Right of Way Assumptions:
• CONSULTANT will follow the Uniform Relocation Act, WSDOT LAG
manual guidelines, applicable State and local laws and CITY
administrative rules for right of way acquisition and real estate services
provided for this project. The WSDOT regulations have recently changed
due to stricter interpretation of Uniform Relocation Act regulations by
FHWA, necessitating additional reporting effort.
• Condemnation may be pursued on two parcels if elected by the CITY.
CONSULTANT involvement in the condemnation process will be
considered extra work.
3. Appraisal, Appraisal Review and Appraisal Management
• Up to three additional appraisals will be provided
4. ROW Acquisitions and Negotiations
Attachment A, Scope of Services
Supplement 6 Page 3
• If after a maximum of four (4) additional meaningful contacts
(meaningful contact being an in-person meeting or detailed phone
conversation, email or written correspondence with landowner) with
each of the 10 remaining property owners who have yet to sign
property agreements have been made without reaching settlement then
CITY and CONSULTANT agree to meet and develop an appropriate
acquisition strategy for any unsettled parcel.
Task H - Public Involvement
2. Public Open House
A. Meeting Logistics
Supplement 3 authorized one additional open house. That additional open house
will not be held and budget reallocated to Task G. A project fact sheet will be
prepared that can be posted on the project website but also mailed to interested
stakeholders and nearby property owners announcing the final design, explaining
how past input was used to shape the final design and the process since the last
public meeting to develop the final design.
Assumptions:
• CONSULTANT will coordinate printing of fact sheet, to be paid for
directly by the CITY
Deliverables:
• Draft and final project fact sheet (1 hard copy and 1 electronic PDF copy
each)
3. Stakeholder Interviews
At the CITY’s request, stakeholder interviews authorized in Supplement 5 will not be
performed and are removed from the scope as part of this supplement. Budget
associated with this task is being reallocated to Task S.
Assumptions:
• No specific stakeholder interviews will be performed. Right of way
negotiations are accomplishing the data gathering previously assumed for
the stakeholder interviews.
Deliverables:
• None
Task J - BNSF Coordination
1. Coordination Activities
A. Provide 2 conceptual track expansion layout options for BNSF consideration.
B. Provide conceptual layout of 67th Ave NE Phase III project alignment shift if
BNSF easement near 211th Pl NE is not granted.
Attachment A, Scope of Services
Supplement 6 Page 4
Assumptions:
• Track layout concept requirements to be provided by BNSF
• Right of way plans will be not be impacted by the alignment shift at 211th
Pl NE
Deliverables:
• Exhibit with plan and section view of BNSF track layout (1 PDF copy)
• Roll plot of 67th Ave NE shifted to avoid BNSF property (1 PDF copy)
Task P - Structures
3. Council Presentations
A. Prepare two Powerpoint presentations for City Council showing wall design
options and street amenities
Assumptions:
• Presentation of Powerpoint to be done by the CITY
Deliverables:
• Powerpoint presentation showing wall design options (1 electronic copy)
• Powerpoint presentation showing street amenities options (1 electronic
copy)
Task S - Plans, Specifications, and Estimate
1. Plans
• CONSULTANT will analyze phasing the project into two separate
construction projects. One phase will construct only the Centennial Trail and
the second phase will construct the remaining items.
3. Estimate
• CONSULTANT will prepare a conceptual level cost estimate of the two
construction phases
6. Driveway/Edge Conditions Design
• CONSULTANT will prepare design alternatives to assist the CITY in
determining whether or not to grant property owner requests for various
design changes. Two design alternatives will be prepared for 10 parcels, for a
total of 20 alternatives.
Assumptions:
• None
Deliverables:
• Roll plot of 67th Ave NE showing phased construction (1 PDF copy)
• Conceptual level construction cost estimates for phased construction (1
PDF copy)
Attachment A, Scope of Services
Supplement 6 Page 5
• Up to 20 Exhibits for property owner requests (1 PDF copy)
Task W - Constructability Review
A constructability review has been performed on the 60% design submittal.
Based on the results of the 60% constructability review, no further
constructability review will be necessary on the 90% submittal as authorized in
Supplement 5. Unused budget for this task is being shifted to Task S as part of
this supplement
Assumptions:
Deliverables
Supplement 6
Project Name City of Arlington 67th Ave. Phase III Reconstruction Extra Work Firm:HDR
OH Rate:164.22%
Fee Rate:30.0%
Fee Estimate
Labor Category (Hours)65.97 44.75 40.5 32 54.81 61.85 67.12 38.47 26.39 26.52 38.37
Rob Gorman Eric Dawson Todd Livingston Brian Gardner Cary Stewart Rob Richardson Jim Prossick Teresa WeaverCarleen BrunelleMaureen Finn
Liya Huang-
Bardley
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SCOPE OF SERVICES
Task A Project Management
1 Meetings and Project Reporting 2 24 1 18 45
2 Schedule 2 2
3 Sub-Consultant Management 6 6
0
Total Task hrs 2 32 0 0 0 0 0 0 0 1 18 53
amount 131.94 1,432.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 26.52 690.66 $2,281.12
Task G Right of Way
1 ROW Acquisitions and Negotiations 24 160 16 200
0
Total Task hrs 0 0 0 0 0 0 24 160 16 0 0 200
amount 0.00 0.00 0.00 0.00 0.00 0.00 1,610.88 6,155.20 422.24 0.00 0.00 $8,188.32
Task J BNSF Coordination
1 Agency Coordination 8 8
2 Track Layout Options 1 4 16 8 29
3 BNSF Alignment Shift 16 40 40 96
0
Total Task hrs 1 28 56 48 0 0 0 0 0 0 0 133
amount 65.97 1,253.00 2,268.00 1,536.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $5,122.97
Task P Structures
1 Wall Design Options 16 8 8 32
2 Council Presentation 1 8 4 2 15
3 Amenities Options and Council Presentation 12 4 16
0
Total Task hrs 1 36 8 4 0 12 0 0 0 2 0 63
amount 65.97 1,611.00 324.00 128.00 0.00 742.20 0.00 0.00 0.00 53.04 0.00 $2,924.21
Task S Plans, Specifications, and Estimate
1 Phasing Analysis 2 20 16 20 58
2 Phasing Cost Estimate 8 8 6 22
3 Project Delays/Start-Stop 16 16 20 52
4 Driveway/Edge Conditions Design 52 24 16 92
0
Total Task hrs 2 96 64 62 0 0 0 0 0 0 0 224
amount 131.94 4,296.00 2,592.00 1,984.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $9,003.94
Grand Total Project Hrs 6 192 128 114 0 12 24 160 16 3 18 673
Grand Total Project Amount $395.82 $8,592.00 $5,184.00 $3,648.00 $0.00 $742.20 $1,610.88 $6,155.20 $422.24 $79.56 $690.66 $27,520.56
395.82 8592 5184 3648 0 742.2 1610.88 6155.2 422.24 79.56 690.66 27,521
26112.2454 384492 209952 116736 0 45905.07 108122.2656 236790.544 11142.9136 2109.9312 26500.6242 1,167,864
Total labor cost for Right of Way 8,188.32 143,499.86$ overhead 42,657
Overhead Rate 164.22%13,446.86 222,424.783 #REF!
Total Direct labor and overhead 21,635.18 #REF!total 70,177
Fee Rate on Direct labor 30%2,456.50
Sub-Total Extra Work Right of Way 24,091.68 222,424.783 direct Exp 2,490
Mileages 1,000.00 1,000
Total labor cost and Direct Exp for ROW 25,091.68 3,490
total 73,668
Total labor cost for Design 19,332.24 143,499.86$ fee 81,971
Overhead Rate 164.22%31,747.40 222,424.783 #REF!
Total Direct labor and overhead 51,079.64 #REF!profit 8,303
Fee Rate on Direct labor 30%5,799.67 10.13%
56,879.32 222,424.783
Utility Potholing (APS)9,115.00
Sub Total Extra Work Design 65,994.32
91,085.99
Subconsultant Fees
Appraisal NW ($4,000.00)
EnviroIssues ($12,140.80)
Tim Ryan ($900)
Bill Ott ($7,959.20)
Sub-Total ($25,000.00)
Total Supplement #6 $66,085.99
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT F
COUNCIL MEETING DATE:
October 3, 2011
SUBJECT: 67th Avenue – Easements &
Dedications
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Payment Voucher and Acquisition Documents for the following properties:
o S & S Diversified
o Sturgeon
EXPENDITURES REQUESTED: $35,982.00
BUDGET CATEGORY: Transportation Improvement Fund (reimbursed
through the 67th Ave STP grant)
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION: ROW acquisition documents for the Sturgeon Property and the S&S Property
to support Phase 3 of the 67th Ave rehabilitation project.
HISTORY: As part of the 67th Ave, Ph III project, the City needs to acquire additional
permanent right of way for road and sidewalk construction, and temporary right or way for
construction staging. The City obtained $ 1,977,447 in grant funding for the 67th Ave, Phase III
project; $390,000 of this funding is for right of way acquisition costs.
The ROW procurement must follow WSDOT guidelines; in order to accomplish this an
independent third party facilitated discussions with property owners for the necessary ROW
procurements. Previously the Council approved the first six ROW agreements and now the
Sturgeon and S&S properties are ready for signature by the Mayor and to have appropriate
payments made.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED ACTION:
Motion approving and authorizing the mayor to sign the 67th Ave Phase 3 project Right-of-Way,
Easement, and Real Estate transactions negotiated by the City of Arlington and their real estate
transaction agent, HDR, Inc., for the S & S Diversified and the Sturgeon properties, pending
final review by the City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #4
ATTACHMENT G
COUNCIL MEETING DATE:
October 3, 2011
SUBJECT:
Land Use Code Amendments – AMC
Chapters 20.08, 20.40, 20.44
DEPARTMENT OF ORIGIN:
Community Development – David Kuhl, Todd Hall
ATTACHMENTS:
1. Ordinance adopting amendments to AMC Chapters 20.08, 20.40 & 20.44
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
Reviewed by City Attorney.
DESCRIPTION: Land use code amendments to AMC Chapters 20.08 Basic Definitions and
Interpretations, 20.40 Permissible Uses, and 20.44 Supplemental Use Regulations.
HISTORY: Planning Commission reviewed the amendments at their meeting on August 16,
2011. City Council reviewed the amendments at workshops held on August 22, 2011 and
September 12, 2011. Planning Commission held a public hearing on September 8, 2011 and
recommended the amendments for approval. City Council held a public hearing on September
19, 2011.
ALTERNATIVES: Remand to staff for further revision. Council is requested to provide specific
guidance should further revision be requested.
RECOMMENDED MOTION:
Move to adopt the ordinance approving the amendments to Title 20 of AMC, Chapters 20.08,
20.40, and 20.44 (PLN20110037) presented by Community Development staff and recommended
for approval by the Planning Commission.
ORDINANCE NO. _____ 1
ORDINANCE NO. 2011-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTERS 20.08, 20.40, AND 20.44 OF TITLE 20 OF THE ARLINGTON
MUNICIPAL CODE
WHEREAS, the City of Arlington, Washington has the authority to regulate land uses
within the City; and
WHEREAS, the City of Arlington has adopted a land use code and development design
guidelines; and
WHEREAS, following adoption of said land use code, various technical corrections or
amendments are necessary to provide for internal consistency and to improve the code; and
WHEREAS, the Planning Commission considered these amendments at their September
8, 2011 public hearing and recommended that the City Council adopt the amendments. The City
Council considered these amendments at their August 22, 2011 and September 12th, 2011
workshops and at a public hearing on September 19, 2011 and determined approving the
amendments was in the best interest of the City and its citizens; and
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code §20.08.010 shall be amended to add the
following definitions:
20.08.010 Definitions of Basic Terms.
Adult Family Home. A regular family abode in which a person or persons provides
personal care, special care, room, and board to more than one but not more than six (6)
adults who are not related by blood or marriage to the person or persons providing the
services.
Critical Area Protection Easement (CAPE). See Native Growth Protection Easement
(NGPE).
Native Growth Protection Easement (NGPE). An easement granted to the City for the
protection of native vegetation within a critical area or its associated buffer.
Lot Coverage. That percentage of a lot which would be covered by a structure or
structures, excluding allowed projecting eaves. Paved areas, such as driveways, patios,
and walkways at or below grade level shall not be calculated. Decks exempted by the
building code are also not calculated. Lot coverage shall not exceed maximum allowance
ORDINANCE NO. _____ 2
per Chapter 20.48, Table 20-48.1 Density and Dimensional Standards. If lot coverage
exceeds maximum allowance, development may need additional drainage improvements
as required by City Engineer.
Section 2. The definition of Home Occupation in Arlington Municipal Code
§20.08.010 shall be amended to read as follows:
Home Occupation. An occupation, enterprise, activity, or profession which results in a
product or service for profit and is conducted in whole or in part on residential premises
and is clearly subordinate to use of the premises as a residence.
Section 3. Arlington Municipal Code §20.40, shall be amended to delete the
following to Table 20.40-1:
Table 20.40-1: Table of Permissible Uses.
USE DESCRIPTIONS ZONES
SR RLMD RMD RHD OTR N
C
OTBD
1
OTBD
2
OTBD
3 GC H
C BP L
I
G
I
AF
MS P/SP
1.000 RESIDENTIAL
1.415 Adult Family Homes (6 or fewer
adults) Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
1.425 Adult Family Homes (6 or fewer
adults) Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
1.800 Home Occupations Z Z Z Z Z Z Z Z Z Z Z
20.000 FUNERAL HOME Z
S ZS ZS ZS ZS Z
S ZS Z
S
Z
S
21.200 Crematorium C C C C C Z
S ZS ZS ZS ZS Z
S ZS Z
S
Z
S
ZS10
Section 4. Arlington Municipal Code §20.44.032(c) shall be amended to read as
follows:
(c) No area of less than 20 contiguous acres may be planned through a MPN
approval process, and then only (i) upon the request of the owner or majority of
owners of all the property intended to be covered by such an overlay zone, or (ii) by the City Council in implementing the MPN land use designation pursuant to subsection (d).
Approval of MPNs is achieved through a rezone process.
Section 5. Arlington Municipal Code §20.44.070(b) shall be amended to read as
follows:
(b) In addition to other applicable standards, no 1.400 use class, with the exception
of adult family homes, shall be located closer than one-thousand, two-hundred (1,200)
feet, measured from property lines, from another such use. For the purpose of this
section, a development shall be defined as a building or group of buildings on a single
parcel of land. This provision is intended to prevent the creation of a de facto social
service district.
ORDINANCE NO. _____ 3
Section 6. A new Arlington Municipal Code §20.44.072 shall be added to read as
follows:
20.44.072 Reasonable Accommodation.
(a) Any person claiming to have a handicap, or someone acting on his or her behalf, who
wishes to be excused from an otherwise applicable requirement of this Land Use Code
under the Fair Housing Amendments Act of 1988 (“FHA”), 42 USC 3604(f)(3)(b), or the
Washington Law Against Discrimination (“WLD”), Chapter 49.60 RCW, must provide
the Director of the Department of Planning and Community Development with verifiable
documentation of handicap eligibility and need for accommodation. The Director shall
act promptly on the request for accommodation. If handicap eligibility and need for
accommodation are demonstrated, the Director shall approve an accommodation which
may include granting an exception to the provisions of this Code. The Director shall not
charge any fee for responding to such a request. The Director’s decision shall constitute
final action by the City on the request for accommodation, and review of that decision
will be available only in court. An action seeking such review must be filed not more
than 21 days after the Director’s decision.
(b) The accommodation provided shall be personal to the applicant and shall not run with
the land; provided, however, that a change in a residential structure necessary to
accommodate the operation of a residential care provider to the disabled may be
continued by future operations of similar facilities at the site who establish the same use
within six months of the date the prior use by disabled person or residential care provider
ceases. The Community Development Director may therefore direct that any physical
change in the structure which would otherwise be illegal under the use or bulk
requirements of Title 20, Land Use Code, and be brought into compliance six months
after the date of sale or transfer of a residential structure to a person or entity not
qualifying for the protections of the Americans with Disabilities Act (“ADA”), FHA and
WLAD.
Section 7. A new Arlington Municipal Code §20.44.082 shall be added to read as
follows:
20.44.082 Home Occupations.
(a) Purpose: The purpose of this section is to allow limited commercial activity
incidental to residential use of a dwelling unit while ensuring all residents freedom from
excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of
commercial uses being conducted in residential neighborhoods.
(b) Applicability: Home occupations are allowed as an accessory use to the residential
use of a single-family, multifamily, or accessory dwelling unit, subject to the
requirements of this chapter. A business license shall be required for all home
occupations.
(c) Residency: The location of the home occupation must be the principal residence of
the person(s) conducting the home occupation.
ORDINANCE NO. _____ 4
(d) Standards for Home Occupations: A home occupation may be conducted if it:
(i) Is carried on by residents of the dwelling unit and, in addition, involves no more than
two (2) other business participants visiting the dwelling unit (or, for properties that
contain an accessory dwelling unit, visiting the property) per day. “Other business
participants” shall include non-family employees and independent contractors;
(ii) Has no outside storage;
(iii) Requires no alteration to the interior or exterior of the dwelling that changes its
residential character;
(iv) Does not involve activities, including but not limited to the use of heavy equipment,
power tools, power sources, hazardous materials, or other equipment or materials that
result in noise, vibration, smoke, dust, odors, heat, traffic, parking, or other conditions
that exceed, in duration or intensity, such conditions normally produced by a residential
use;
(v) Has, in addition to daily mail service, no more than a combined total of three (3)
commercial and courier pickups and deliveries at the dwelling unit (or, for properties
that contain an accessory dwelling unit, the property) per day, and no more than 10 such
pickups and deliveries per week. Said pickups and deliveries shall occur between the
hours of 8:00 a.m. and 6:00 p.m.;
(vi) Occupies no more than 25 percent of the total gross floor area or no more than 500
square feet of floor area (whichever is less), including any space in an accessory
structure;
(vii) No stock-in-trade or any other material associated with the home occupation shall
be visible on the site;
(viii) Includes no more than six (6) clients/customers per day and no more than two (2)
clients/customers at any time visiting the dwelling unit (or, for properties that contain an
accessory dwelling unit, visiting the property) for goods or services. A family arriving in
a single vehicle shall be considered one (1) client. Client/customer visits to a home
occupation shall be between the hours of 8:00 a.m. and 8:00 p.m;
(ix) Operates no more than one (1) vehicle, van, truck or similar vehicle. The vehicle
shall not exceed any of the following:
1) A gross vehicle weight of 10,000 pounds;
2) A height of ten (10) feet; and/or
3) A length of twenty-four (24) feet;
The measurement of vehicle height and length shall include bumpers and any other
elements that are required by federal or state law for the operation of the vehicle on
public roads; and
(x) Shall conform to all performance standards as regulated in Part III. Performance
Standards, Chapter 20.44 Supplemental Use Regulations.
ORDINANCE NO. _____ 5
(e) The application for a home occupation shall be reviewed under the business license
process. An application for a home occupation under this section may be approved if the
home occupation:
(i) Will not harm the character of the surrounding neighborhood; and
(ii) Will not include outdoor storage and/or operation of building materials, machinery,
commercial vehicles, or tools, except if it meets the following criteria:
1) Is appropriately screened from other properties;
2) Does not emit noise, odor, or heat; and
3) Does not create glare; and
(iii) Does not create a condition which injures or endangers the comfort, repose, health or
safety of persons on abutting properties or streets; and
(iv) Will not generate excessive traffic or necessitate excessive parking; and
(v) Will locate and screen any required or proposed site improvement in a manner that
minimizes its view from surrounding properties or adjacent streets.
(f) Enforcement – Upon determination that there has been a violation of any provision of
this section, the City may pursue code enforcement in accordance with the provisions of
AMC Chapter 11.01 Enforcement Provisions.
Section 8. 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 9. Effective Date. A summary of this Ordinance consisting of its title shall
be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this day of
________________, 2011.
CITY OF ARLINGTON
____________________________
Margaret Larson, Mayor
ORDINANCE NO. _____ 6
ATTEST:
_________________________
Kristin Banfield, City Clerk
APPROVED TO AS FORM:
__________________________
Steven J. Peiffle, City Attorney