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HomeMy WebLinkAbout04-02-2012_Council Meeting Arlington City Council April 2, 2012 – 7 PM City Council Chambers 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 1. Amy Spain -- Snohomish County Tourism Bureau Annual Report 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 March 19 and March 26, 2012 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Arbor Day Proclamation ATTACHMENT B 4. Reappointment of Board/Commission members - Cheri Carlson (Airport), AJ Chase (Airport), Maxine Jenft (Cemetery), & Skip Smith (Cemetery) ATTACHMENT C 5. Extension of SR9 Coalition agreement through December 31, 2012 ATTACHMENT D 6. Acceptance of Public Art Donation from Arlington Arts Council ATTACHMENT E PUBLIC HEARING 1. 43rd Ave NE / 172nd St. NE CPA and Concurrent Rezone ATTACHMENT F 2. 43rd Ave NE - 51st Ave NE (National Food) CPA ATTACHMENT G NEW BUSINESS 1. Award of Biosolids Hauling Contract ATTACHMENT H 2. Hotel-Motel Grant Awards ATTACHMENT I 3. Ordinance Temporarily Suspending Transportation Impact Fee & Hook-up Fee for specific development projects ATTACHMENT J 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. 4. Interlocal Agreement with Snohomish County Department of Emergency Management ATTACHMENT K DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION To review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)] RECONVENE ADJOURNMENT DRAFT Page 1 of 3 Council Chambers 110 East Third March 19, 2012 City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Police Chief Nelson Beazley, Police Officers Bolter, Phillips, Cone, Mc Quoid, and Ventura, Monica Schlagel, Elizabeth Chamberlin, Jim Kelly, Eric Scott, Rob Putnam, Todd Hall, Bill Blake, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Maxine Jenft – Cemetery Board, Mike Hopson – Airport Commission, Josh Herschlip – Aces General Manager, and Ron Thomas Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Marilyn Oertle moved to approve the Agenda. Chris Raezer seconded the motion which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Recognition of Detective Rory Bolter Police Chief Nelson Beazley spoke to the recognition recently received by Detective Bolter, and he gave an account of the drug case background in which Officer Bolter had been involved. Officer Bolter was introduced and Chief Beazley showed the plaque that had been presented to Officer Bolter. He was then congratulated by the Council. PUBLIC COMMENT There was no one in the audience who wished to speak to matters not on the Agenda. CONSENT AGENDA Marilyn Oertle moved and Chris Raezer seconded the motion to approve the Consent Agenda, which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the March 5 and 12, 2012 Council Meetings 2. Accounts Payable Electronic Payments and Claims Checks #76118 through #76254 dated March 6, 2012 through March 19, 2012 in the amount of $642,187.41 3. Participation in NWF and FEMA Lawsuit PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT March 19, 2012 Page 2 of 3 NEW BUSINESS Star Annexation 60% Petition Acceptance With the use of a power point presentation Associate Planner Todd Hall located the property. He gave a brief overview of those who had past spoken regarding the property and staff involvement in the Petition. Acceptance of signatures should occur by the end of this week. He and City Attorney Steve Peiffle then answered Council questions. Marilyn Oertle moved to accept the 60% Petition to Annex for Star Annexation and approve the resolution directing staff to prepare and forward the 60% Petition and related materials to the Snohomish County Boundary Review Board for review when staff receives the documents confirming the authority of the bank’s signature on the petition. Debora Nelson seconded the motion that passed with a unanimous vote. Cemetery Name Change Babyland to Children’s Garden Public Works Director Jim Kelly introduced Maxine Jenft who gave a description of the proposed cemetery name change. She answered Council questions. Randy Tendering moved to authorize the Arlington Municipal Cemetery to rename the section of the cemetery known as “Babyland” to “Children’s Garden.” Chris Raezer seconded the motion that passed with a unanimous vote Settlement Agreement with Marion Taylor Regarding Stormwater Jim Kelly gave a brief background of the Settlement Agreement with the Taylors. Dick Butner moved to approve the Stormwater Agreement between the City of Arlington and Marion and Patricia Taylor and authorize the mayor to sign the agreement, pending final review by the City Attorney. Randy Tendering seconded the motion that passed with a unanimous vote 67th Ave Phase III Right of Way Procurement Package #6 City Engineer Eric Scott presented Package #6, the last individually owned piece of property for the process. The remaining signatures needed are from BNSF Railroad. Mr. Scott then answered Council questions. Debora Nelson moved to approve 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 Taylor and Limantzakis Properties, pending final review by the City Attorney. Chris Raezer seconded the motion that passed with a unanimous vote Acceptance of Transportation Improvement Board Grant for 67th Ave NE Phase III Reconstruction Project Jim Kelly asked for Council acceptance of the TIB Grant from the 67th Avenue Project. He then answered Council questions. Debora Nelson moved to accept the TIB grant agreement in the amount of $6,049,731 for the construction of 67th Ave Phase 3 and authorize the Mayor to sign the grant agreement, pending final review by the City Attorney. Marilyn Oertle seconded the motion that passed with a unanimous vote Additional Environmental Consulting Services on Airport Lot 108 Airport Manager Rob Putnam spoke to the requested lot clean-up. Debora Nelson moved to approve the $49,368 that has been contracted to Shaw Environmental for environmental consulting services on Lot 108. This includes the attached change order for $16,070. Dick Butner seconded the motion that passed with a unanimous vote Minutes of the City of Arlington City Council Meeting DRAFT March 19, 2012 Page 3 of 3 Approval of Short Term Interfund Loans for February 2012 Finance Director Jim Chase spoke to the request for approval of the Loans. He then answered Council questions. Marilyn Oertle moved to approve the Short Term Interfund Loans made at the end of February 2012, as presented by the Finance Director and direct those loans be paid as soon as there are sufficient fund to do so. Chris Raezer seconded the motion that passed with a unanimous vote ADMINISTRATOR & STAFF REPORTS City Administrator Allen Johnson called attention to the Yellow Pages. MAYOR’S REPORT Mayor Tolbert gave a brief review of meetings she had recently attended. COUNCIL MEMBER REPORTS – OPTIONAL Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker gave brief reports, while Dick Butner had nothing to report. EXECUTIVE SESSION City Attorney announced that there would not be need for an Executive Session, ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:52PM. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street March 26, 2012 Dick Butner Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker, Mayor Tolbert, Allen Johnson, Kristin Banfield, Jim Chase, Police Chief Nelson Beazley, Fire Chief Bruce Stedman, Firemen Stuart, Dickison, Brisson, Beam, Wetzel, Hunsaker, Carver, Cooper, Bradfield, Abrahamson and Mitchell, Jim Kelly, Eric Scott, Rob Putnam, Paul Ellis, Cristy Brubaker, Jan Bauer, and Steve Peiffle – City Attorney Council Members Absent: All Council members were present. Also Known to be Present: Mike Hopson – Airport Commission, Sarah Arney – North County Outlook, Gale Fiege – Everett Herald, and Josh Herschlip – Aces Casino General Manager Mayor Tolbert called the meeting to order at 7:00PM. Marilyn Oertle moved to approve the Agenda, and Randy Tendering seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. Cristy Brubaker spoke to the flyer distributed earlier soliciting funds to benefit Team Arlington’s Relay for Life team. Several Arlington firemen presented each Council member with a gift for participating in yesterday’s controlled burn. Biosolids Hauling Contract Public Works Director Jim Kelly noted that the City is unable to process all of their biosolids, thus the remaining must be hauled to another property for processing. The lowest bidder has been found as Cascade Materials & Aggregate. Mr. Kelly then answered Council questions. Airport Master Plan Update Comprehensive Plan Amendment With the use of a power point presentation Airport Manager Rob Putnam reviewed the Airport Master Plan Update noting some of the changes that had been made through the years including 1995, 2002, and on to 2012. His presentation included information and suggestions for Airport future use. Throughout the presentation Mr. Putnam answered Council questions. February Financial Report With the use of a power point presentation Finance Director Jim Chase reviewed the February financial report. His report included General Fund Revenues, and the General Fund Operating Statement through February 2012 and other Funds Statements. Throughout the presentation Mr. Chase answered Council questions. At this time Mayor Tolbert recused herself from the meeting and Mayor Pro Tem Marilyn Oertle stepped in as Mayor. Hotel – Motel Grant Awards Jim Chase presented the 13 applications requested for the Motel Grant. Discussion followed. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT March 26, 2011 Page 2 of 2 At this time Mayor Tolbert joined the meeting. Emergency Management Update Assistant to the City Administrator for Special Projects Paul Ellis distributed his Emergency Management Update report for March 26, 2011. He reviewed the update and answered Council questions throughout the presentation. Interlocal Agreement with Snohomish County Department of Emergency Management Paul Ellis noted that this is an annual agreement, and he requested approval of this Agreement, which has not changed significantly from last year. Economic Development Update Paul Ellis distributed the Economic Development Update report and then reviewed the report information. Throughout the presentation Mr. Ellis answered Council questions and addressed Council concerns. Impact Fee & Hook-up Fee Moratorium / Temporary Suspension Paul Ellis noted that this is a draft ordinance which would serve as a recruitment incentive for prospective Arlington businesses. He then reviewed the parameters for the Ordinance and answered Council questions. Miscellaneous Council Items City Administrator Allen Johnson distributed information on the SR-9 Coalition Group and briefly spoke to the benefits of this Group. He also noted that the Planning Commission had no objection to its members residing within the UGA, rather than only within the City limits. PUBLIC COMMENT Sarah Arney thanked the committee on Tourism Grants. Ken Klein, Steve Baker, Randy Tendering, Marilyn Oertle, and Debora Nelson gave brief reports while Dick Butner and Chris Raezer had nothing to report at this time. EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an Executive Session for consideration of real estate lease or purchase or price [RCW 42.30.110(1)(b)-(c)], and to review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)]. The Executive Session was scheduled to last approximately 30 minutes with no action taken during or after the meeting. The Council adjourned into Executive Session at 8:50PM. The Council reconvened out of Executive Session at 9:27PM and with no further business to be addressed by the Council, the meeting was immediately adjourned. ____________________________ Barbara Tolbert, Mayor Arbor Day Proclamation Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and Whereas, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal, and Whereas, Arlington has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting practices NOW, THEREFORE, I, Barbara Tolbert, Mayor of the City of Arlington, do hereby proclaim April 9th, 2011 as Arbor Day In the City of Arlington, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations Dated this 2nd day of April, 2012 __________________________________________ Mayor Barbara Tolbert City of Arlington Council Agenda Bill Item: CA #4 Attachment C COUNCIL MEETING DATE: April 2, 2012 SUBJECT: Reappointment of Board / Commission members – Cheri Carlson (Airport), AJ Chase (Airport), Maxine Jenft (Cemetery), and Skip Smith (Cemetery) ATTACHMENTS: None DEPARTMENT OF ORIGIN Executive EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: These are reappointments for the Airport Commission and the Cemetery Advisory Board for persons who are currently serving but whose terms expired April 1, 2012. HISTORY: Cheri Carlson has served on Airport Commission since 2001. AJ Chase was appointed to the Airport Commission in 2005. Maxine Jenft has served on the Cemetery Advisory Board since 2006. Skip Smith was appointed to the Cemetery Advisory Board in 2004. ALTERNATIVES RECOMMENDED MOTION: I move to reappoint Cheri Carlson and AJ Chase to the Airport commission, and Maxine Jenft and Skip Smith to the Cemetery Advisory Board. City of Arlington Council Agenda Bill Item: CA#5 Attachment D COUNCIL MEETING DATE: April 2, 2012 SUBJECT: Extension of the SR9 Coalition Agreement through December 31, 2012 ATTACHMENTS: Scope of Work DEPARTMENT OF ORIGIN Executive EXPENDITURES REQUESTED: $3,937.50 BUDGET CATEGORY: GF - Other General Government Services LEGAL REVIEW: DESCRIPTION: As previously discussed with the Council, the City entered into an Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9 Coalition. The parties to the agreement are the cities of Arlington, Lake Stevens, Marysville, and Snohomish. The parties wish to extend the agreement and the contract with Strategies 360 through December 31, 2012. The costs of the agreement will not change. The City budgeted for a full year of the agreement so there is no budget impact. HISTORY: The City has been a participant in the SR9 Coalition since its formation. The Council approved an amendment to the agreement in July 2011. The SR 9 Coalition was formed in order to secure funding for the necessary improvements to SR 9 and ensure that our best interests are represented in the decision-making processes of the Washington State Legislature and the Washington State Department of Transportation. Council member Nelson and Public Works Director Jim Kelly serve on the SR 9 Coalition. ALTERNATIVES Do not authorize the extension. RECOMMENDED MOTION: I move to extend the SR9 Coalition Agreement through December 31, 2012. Proposed Scope of Work – SR 9 Coalition April thru December 2012 1. Build on the momentum of getting $650,000 in the 2012 supplemental Transportation budget to perform geotechnical work on the planned new bridge on SR 9 over the Snohomish River. Attend SR 9 Coalition and Steering Committee meetings (one or the other each month) through the remainder of 2012. 2. Continue to attend meetings of SCCIT , WHUF and other transportation groups to monitor events and continue to position SR 9 widening and the work on the new bridge as important and top-tier work. 3. Prepare a news or feature story on the budget item, how that relates to the progress on SR 9 and seek placement in the Herald and/or weekly newspapers. Include quotes from prominent SR 9 Coalition leaders and others. 4. Participate, to the extent possible, in Transportation Partnership meetings and activities. 5. Meet with key members of the Legislature, including Sen. Haugen, Rep. Clibborn, Rep. Liias, Rep. Armstrong, and Rep. Billig to both advocate for SR 9 funding and to stay abreast of discussions regarding a potential funding package for transportation, which we expect to be a key subject during the 2013 Legislative session. 6. Meet with legislators from districts that include SR 9. 7. Advise SR 9 Coalition of timing for federal appropriations requests, review draft of funding proposals. 8. Provide monthly written summary. 9. Provide preview as we approach the 2013 Legislative session. City of Arlington Council Agenda Bill Item: CA #6 Attachment E COUNCIL MEETING DATE: April 2, 2012 SUBJECT: Public Art Donations from Arlington Arts Council ATTACHMENTS: Description and photos DEPARTMENT OF ORIGIN Recreation EXPENDITURES REQUESTED: $200 for concrete footings BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: The AAC is requesting to donate an outdoor musical instrument, with the plan to add additional donated instruments in the future to create a “sound garden”. The proposed location is next to the Centennial Trail between the labyrinth and Legion Park. In addition they would create a musical themed mural to attach to the building at that location (permission from owner has been given). They also are requesting to donate a “spider” bike rack created by local artist Mike Nordine. Requested locating is at the Arlington Skate Park at Quake Park. HISTORY: These projects were presented at the AAC auction Oct. 2011. The sound garden was voted as a favorite among attendees. The projects have been reviewed and approved by the city’s Public Art Committee and PARC. ALTERNATIVES Do not accept donations. RECOMMENDED MOTION: I move to accept the donation of public art from the Arlington Arts Council as presented. Proposed Art Donations from Arlington Arts Council April 2012 Sound Garden Proposal Harmony Park outdoor musical instrument- “Swirl” Value $5320. http://www.freenotesharmonypark.com/instruments The idea is to create a “sound garden” by eventually adding other of the Harmony Park musical instruments to the area just north of the labyrinth on the Centennial Trail. As part of the “sound garden” theme, AAC would install the above painting as a mural on the back of the building at the location. Permission has been granted from the property owner. “Spider” bike rack proposal Created by Mike Nordine. Value $1000. Proposed location: Quake Park at the Skate Park. City of Arlington Council Agenda Bill Item: PH #1 Attachment F COUNCIL MEETING DATE: April 2, 2012 SUBJECT: PUBLIC HEARING - 43rd Avenue NE / 172nd Street Comprehensive Plan Amendment (CPA) and Concurrent Rezone (PLN20120004) ATTACHMENTS: 1. Staff Report 2. 43rd / 172nd CPA and Concurrent Rezone – Proposed Land Use and Zoning Maps DEPARTMENT OF ORIGIN Community Development – David Kuhl, 360-403-3445; Todd Hall, 360-403-3436 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Planning staff is recommending a change to the land use designation and zoning of approximately 4 acres of a City-owned property, a portion of parcel #31052100400100, which is located at the NE corner of 43rd Avenue NE and 172nd St. NE (SR 531). The site is currently designated and zoned Public/Semi-Public (P/SP) and is proposed to change to Highway Commercial (HC) to accommodate future commercial development. The site was previously reserved for the development of a fire station, which is no longer proposed for that location. HISTORY: This item is listed on the 2012 Comprehensive Plan Amendments Final Docket, which was approved by City Council on March 5, 2012. ALTERNATIVES 1. No action. 2. Remand to staff to clarify any issue that Council deems appropriate. RECOMMENDED MOTION: None at this time. Council should hold a public hearing to hear public testimony regarding the 43rd Avenue NE / 172nd Street NE Comprehensive Plan Amendment and Concurrent Rezone. PLANNING DIVISION STAFF REPORT To: Arlington City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Hearing Date: April 2, 2012 Project: 43rd Avenue NE / 172nd Street NE Comprehensive Plan Amendment and Concurrent Rezone (PLN20120004) A. INTRODUCTION The City is initiating an amendment to change the land use designation of a portion of a City-owned parcel (approximately 4 acres), located on the northeast corner of the 43rd Avenue NE / 172nd Street NE intersection. The corner was previously reserved for a future fire station and is now being designated to accommodate commercial development. The City will also initiate a rezone of the property to the same designation. Staff is recommending the City Council hold a public hearing to hear public testimony regarding the comprehensive plan amendment. Staff also recommends that the City Council consider the comprehensive plan amendment for adoption at the May 7, 2012 meeting. B. GENERAL INFORMATION Applicants/Owners: Applicant: City of Arlington Contact: Todd Hall, Associate Planner, 238 N. Olympic Ave., Arlington, WA 98223 General Location: NE corner of 43rd Avenue NE and 172nd Street NE (SR 531) Project Description: Change land use and zoning designation from Public/Semi-Public (P/SP) to Highway Commercial (HC). Requested Action: Hold public hearing to hear public testimony regarding the comprehensive plan amendment and to consider adoption at the May 7, 2012 City Council meeting. Review Process: See Title 20 – Land Use Code of AMC, Chapter 20.96 Amendments Exhibits: 43rd Avenue NE / 172nd Street NE Comprehensive Plan Amendment– Proposed Land Use and Zoning Maps Community Development Planning Division PLN20120004 43rd Avenue NE / 172nd Street NE Comp Plan Amendment and Concurrent Rezone April 2, 2012 – City Council 2 C. DETALIED PROJECT INFORMATION This is a City-initiated amendment to change the land use designation of a portion of a City-owned parcel (approximately 4 acres), located on the northeast corner of the 43rd Avenue NE / 172nd Street NE intersection. The corner was previously reserved for a future fire station and is now being designated to accommodate commercial development. The City will also initiate a rezone of the property to the same designation. The request is as follows: Parcel # 31052100400100 - Change land use and zoning designations of the NE corner of 43rd Avenue NE / 172nd Street NE from Public-Semi Public (P/SP) to Highway Commercial (HC). D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment of a comprehensive plan is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). The applicant submitted an environmental checklist on March 6, 2012. On March 8, 2012, the City issued a Determination of Non-Significance (DNS) for the proposal. No comments were received on the DNS. 2. PUBLIC NOTIFICATION/INVOLEVMENT: b. A Notice of Public Hearing was issued for the April 2, 2012 City Council meeting. Notices were mailed to property owners within 500 feet of the subject properties. Notices were posted at the site along each right-of-way, as well as the Arlington and Smokey Point Post Offices, the Arlington Library and City Hall. Notices were also published in the Arlington Times and Everett Herald on March 6 & 7, 2012. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION: On February 28, 2012, the 43rd Avenue NE / 172nd Street NE Comprehensive Plan Amendment and Concurrent Rezone was submitted to the Washington State Department of Commerce (DOC) for review. The DOC notified the City that it was in procedural compliance with RCW 36.70A.106, on March 8, 2012, Material ID #17887. 4. GROWTH MANAGEMENT ACT: In accordance with RCW 36.70A.130, a city may revise its comprehensive plan, if needed, on a yearly basis. This amendment is in accordance with this provision. E. BACKGROUND INFORMATION 1. The City’s comprehensive plan was adopted on December 5, 2005 with amendments approved on an annual basis since this time, the most recent of which were approved in January 2012. The amendment as described above is part of the 2012 Comprehensive Plan Amendment docket. PLN20120004 43rd Avenue NE / 172nd Street NE Comp Plan Amendment and Concurrent Rezone April 2, 2012 – City Council 3 F. ANALYSIS 1. The proposed amendment to the Comprehensive Plan, which includes an update to the City’s Land Use Map, is included in this proposal. No other substantive changes to the Comprehensive Plan are proposed as part of this amendment. G. FINDINGS AND CONCLUSIONS 1. The call for 2012 Comprehensive Plan amendments was conducted in January 2012. The application for the 43rd Avenue NE / 172nd Street NE Comprehensive Plan Amendment and Concurrent Rezone received by the January 31, 2011 deadline. 2. Five amendments were submitted for the 2012 docket, including the 43rd Avenue NE / 172nd Street NE Comprehensive Plan Amendment and Concurrent Rezone (PLN20120004). 4. A Determination of Non-Significance (DNS) was issued for the 43rd Avenue NE / 172nd Street NE Comprehensive Plan Amendment and Concurrent Rezone on March 8, 2012 (see above for details). No comments were received. 5. The amendment was submitted to the DOC on February 28, 2012 in accordance with RCW 36.70A.106 and the submittal met all DOC’s procedural requirements. 6. A Notice of Public Hearing was published in the March 6, 2012 Everett Herald and the March 7, 2012 Arlington Times for the March 20, 2012 Planning Commission public hearing and April 2, 2012 City Council public hearing. 7. On March 6, 2012, a Notice of Public Hearing for the March 20, 2012 Planning Commission public hearing and April 2, 2012 City Council public hearing was posted at Arlington City Hall, Arlington Post Office, Smokey Point Post Office, the Arlington Public Library and on-site. 8. The application for PLN20120004 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the 43rd Avenue NE/ 172nd Street NE Comprehensive Plan Amendment and Concurrent Rezone is consistent with, and internally consistent with, the Arlington Comprehensive Plan. 9. The proposed Comprehensive Plan Amendment as described has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 10. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. 11. Documentation supporting the findings of fact is located in the file, which is adopted by reference into this approval. 12. Adoption of the proposed Comprehensive Plan Amendment, as listed above, furthers the public health, safety and general welfare. PLN20120004 43rd Avenue NE / 172nd Street NE Comp Plan Amendment and Concurrent Rezone April 2, 2012 – City Council 4 H. RECOMMENDATION Staff recommends that the Arlington City Council hold public hearing to hear public testimony regarding the 43rd Avenue NE / 172nd Street NE Comprehensive Plan Amendment and Concurrent Rezone. UV9 !"`$ ?Ó ?Ô SR 530 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 51ST AVE NE TVEIT RD 188TH ST NE E BURKE AVE PIONEER HWY E N OLYMPIC AVE E HIGHLAND DR 47TH AVE NE 172ND ST NE 204TH ST NE 67TH AVE NE 172ND ST NE MCELROY RD 59TH AVE NE SMOKEY POINT BLVD SMOKEY POINT BLVD SR 9 SR 9 N WEST AVE BURN RD City ofMarysville City of Arlington Cartographer: File Name: LandUseAmendNF_24x26_12.mxd Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or im plied, including but not lim ited to w arranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indem nify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracyor correctness of the data, or the use of the data presented in the maps. Proposed HighwayCommercial Land UseAmendment Date: Stream courses, waterbo dies (2009) Snoho mish C ounty Dept of In formation Syste ms GIS d ata se t. Pa rce ls d ownlo aded from Snoh omish County Assessor's FTPsite 201 1. Legend 172ND ST NE SR 531 HC RMD BP GC BPP/SP 172ND ST NE SR 531 HC HC RMD BP GC BP Curr ent C ity a nd U G A L and U se Existing P/SP land use SR = S urbur ban R esidentia l RLM D = Lo w t o M oder ate D ensity R esidentia l RM D = M ode rate Density Residen tial RH D = H igh D ensity R esidential OT RD = O ld Tow n R esidential Distr ict NC = N eighbo rhood Com m er cia l !!!!! !!!!! !!!!! !!!!!OT BD - 1 = O ld Town Busine ss Distr ict 1 OT BD - 2 = O ld Town Busine ss Distr ict 2 D D D D D D D D D D D D D D D D D D D D OT BD - 3 = O ld Town Busine ss Distr ict 3 GC = G ene ral C om m ercial HC = H ighw ay C om m ercial BP = Business P ark LI = L ight In dustrial GI = G ener al Indust rial P/S P = P ublic/S em i-P ublic MS = Me dical Se rvices AF = Aviation F lightline kdk 01/30/2012 Proposed H C land use Proposed HC = Hig hway Comm ercia l City of Arlington Council Agenda Bill Item: PH #2 Attachment G COUNCIL MEETING DATE: April 2, 2012 SUBJECT: PUBLIC HEARING - 43rd Avenue NE – 51st Avenue NE (National Food) Comprehensive Plan Amendment (CPA) (PLN20120005) ATTACHMENTS: 1. Staff Report 2. 43rd Avenue NE – 51st Avenue NE (National Food) CPA - Proposed Land Use Map DEPARTMENT OF ORIGIN Community Development – David Kuhl, 360-403-3445; Todd Hall, 360-403-3436 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Planning staff is recommending a change to the land use designation of parcel #s 31052800100400, 31052800100500, 31052800100100, 31052800100101, 31052800100300, 31052800101300 and portion of 31052700200201 from General Commercial (GC) to Highway Commercial (HC). This is change is to be consistent with the existing zoning designation for the properties. HISTORY: This item is listed on the 2012 Comprehensive Plan Amendments Final Docket, which was approved by City Council on March 5, 2012. ALTERNATIVES 1. No action. 2. Remand to staff to clarify any issue that Council deems appropriate. RECOMMENDED MOTION: None at this time. Council should hold a public hearing to hear public testimony regarding the 43rd Avenue NE – 51st Avenue NE (National Food) Comprehensive Plan Amendment. PLANNING DIVISION STAFF REPORT To: Arlington City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Hearing Date: April 2, 2012 Project: 43rd Avenue NE – 51st Avenue NE (National Food) Comprehensive Plan Amendment (PLN20120005) A. INTRODUCTION The City is initiating an amendment to change the land use designation of multiple parcels located along 172nd Street NE between 43rd Avenue NE and 51st Avenue NE, with one portion located on the SE corner of the 51st Avenue NE and 172nd Street NE intersection (Aces Casino/motel/gas station). The majority of the parcels (approximately 80 acres) are owned by National Food (egg farm). This amendment is essentially a paper change to make the land use map consistent with the existing zoning map. Staff is recommending the City Council hold a public hearing to hear public testimony regarding the comprehensive plan amendment. Staff also recommends that the City Council consider the comprehensive plan amendment for adoption at the May 7, 2012 meeting. B. GENERAL INFORMATION Applicants/Owners: Applicant: City of Arlington Contact: Todd Hall, Associate Planner, 238 N. Olympic Ave., Arlington, WA 98223 General Location: Between 43rd Avenue NE and 51st Avenue NE along 172nd Street NE (SR 531) (National Food); and SE corner of 51st Avenue NE and 172nd Street NE (SR 531) (Aces/motel/gas station). Project Description: Change land use designation of parcels from General Commercial (GC) to Highway Commercial (HC). Requested Action: Hold public hearing to hear public testimony regarding the comprehensive plan amendment and to consider adoption at the May 7, 2012 City Council meeting. Review Process: See Title 20 – Land Use Code of AMC, Chapter 20.96 Amendments Community Development Planning Division PLN20120005 43rd Avenue NE – 51st Avenue NE (National Food) Comp Plan Amendment April 2, 2012 – City Council 2 Exhibits: 43rd Avenue NE – 51st Avenue NE Comprehensive Plan Amendment– Proposed Land Use Map C. DETALIED PROJECT INFORMATION This is a City-initiated amendment to change the land use designation of multiple parcels located along 172nd Street NE between 43rd Avenue NE and 51st Avenue NE, with one portion located on the SE corner of the 51st Avenue NE and 172nd Street intersection (Aces/motel/gas station). The majority of the parcels (approximately 80 acres) are owned by National Food (egg farm). This amendment is essentially a paper change to make the land use map consistent with the existing zoning designation. The request is as follows: Parcel #s 31052800100400, 31052800100500, 31052800100100, 31052800100101, 31052800100300, 31052800101300 and portion of 31052700200201 – Change land use designation from General Commercial (GC) to Highway Commercial (HC). D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment of a comprehensive plan is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). The applicant submitted an environmental checklist on March 6, 2012. On March 8, 2012, the City issued a Determination of Non-Significance (DNS) for the proposal. No comments were received on the DNS. 2. PUBLIC NOTIFICATION/INVOLEVMENT: b. A Notice of Public Hearing was issued for the April 2, 2012 City Council meeting. Notices were mailed to property owners within 500 feet of the subject properties. Notices were posted at the site along each right-of-way, as well as the Arlington and Smokey Point Post Offices, the Arlington Library and City Hall. Notices were also published in the Arlington Times and Everett Herald on March 6 & 7, 2012. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION: On February 28, 2012, the 43rd Avenue NE – 51st Avenue NE (National Food) CPA was submitted to the Washington State Department of Commerce (DOC) for review. The DOC notified the City that it was in procedural compliance with RCW 36.70A.106, on March 8, 2012, Material ID #17887. 4. GROWTH MANAGEMENT ACT: In accordance with RCW 36.70A.130, a city may revise its comprehensive plan, if needed, on a yearly basis. This amendment is in accordance with this provision. PLN20120005 43rd Avenue NE – 51st Avenue NE (National Food) Comp Plan Amendment April 2, 2012 – City Council 3 E. BACKGROUND INFORMATION 1. The City’s comprehensive plan was adopted on December 5, 2005 with amendments approved on an annual basis since this time, the most recent of which were approved in January 2012. The amendment as described above is part of the 2012 Comprehensive Plan Amendment docket. F. ANALYSIS 1. The proposed amendment to the Comprehensive Plan, which includes an update to the City’s Land Use Map, is included in this proposal. No other substantive changes to the Comprehensive Plan are proposed as part of this amendment. G. FINDINGS AND CONCLUSIONS 1. The call for 2012 Comprehensive Plan amendments was conducted in January 2012. The application for the 43rd Avenue NE – 51st Avenue NE (National Food) Comprehensive Plan Amendment was received by the January 31, 2011 deadline. 2. Five amendments were submitted for the 2012 docket, including the 43rd Avenue NE – 51st Avenue NE (National Food) Comprehensive Plan Amendment (PLN20120005). 4. A Determination of Non-Significance (DNS) was issued for the 43rd Avenue NE – 51st Avenue NE (National Food) Comprehensive Plan Amendment on March 8, 2012 (see above for details). No comments were received. 5. The amendment was submitted to the DOC on February 28, 2012 in accordance with RCW 36.70A.106 and the submittal met all DOC’s procedural requirements. 6. A Notice of Public Hearing was published in the March 6, 2012 Everett Herald and the March 7, 2012 Arlington Times for the March 20, 2012 Planning Commission public hearing and April 2, 2012 City Council public hearing. 7. On March 6, 2012, a Notice of Public Hearing for the March 20, 2012 Planning Commission public hearing and April 2, 2012 City Council public hearing was posted at Arlington City Hall, Arlington Post Office, Smokey Point Post Office, the Arlington Public Library and on-site. 8. The application for PLN20120005 has been reviewed for consistency with the Arlington Comprehensive Plan and for internal consistency and the 43rd Avenue NE – 51st Avenue NE (National Food) Comprehensive Plan Amendment is consistent with, and internally consistent with, the Arlington Comprehensive Plan. 9. The proposed Comprehensive Plan Amendment as described has been reviewed in accordance with, and is consistent with, the Snohomish County Countywide Planning Policies. 10. The proposed Comprehensive Plan Amendment was prepared in accordance with the Washington State Enabling Legislation (RCW 35A.63) and the Growth Management Act. PLN20120005 43rd Avenue NE – 51st Avenue NE (National Food) Comp Plan Amendment April 2, 2012 – City Council 4 11. Documentation supporting the findings of fact is located in the file, which is adopted by reference into this approval. 12. Adoption of the proposed Comprehensive Plan Amendment, as listed above, furthers the public health, safety and general welfare. H. RECOMMENDATION Staff recommends that the Arlington City Council hold public hearing to hear public testimony regarding the 43rd Avenue NE – 51st Avenue NE (National Food) Comprehensive Plan Amendment. UV9 !"`$ ?Ó ?Ô SR 530 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 51ST AVE NE TVEIT RD 188TH ST NE E BURKE AVE PIONEER HWY E N OLYMPIC AVE E HIGHLAND DR 47TH AVE NE 172ND ST NE 204TH ST NE 67TH AVE NE 172ND ST NE MCELROY RD 59TH AVE NE SMOKEY POINT BLVD SMOKEY POINT BLVD SR 9 SR 9 N WEST AVE BURN RD City ofMarysville City of Arlington Cartographer: File Name: LandUseAmendNF_24x26_12.mxd Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or im plied, including but not lim ited to w arranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may contain errors and users who rely upon the information do so at their own risk. Users agree to indem nify, defend, and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracyor correctness of the data, or the use of the data presented in the maps. Proposed HighwayCommercial Land UseAmendment Date: Stream courses, waterbo dies (2009) Snoho mish C ounty Dept of In formation Syste ms GIS d ata se t. Pa rce ls d ownlo aded from Snoh omish County Assessor's FTPsite 201 1. Legend 172ND ST NE 51ST AVE NE SR 531 HC RMD RMD GC GI LI AFBP GC BPP/SP 51ST AVE NE 172ND ST NESR 531 HC HC RMD RMD GC GI LI AF BP BPP/SP GC Curr ent C ity a nd U G A L and U se Existing GC land use SR = S urbur ban R esidentia l RLM D = Lo w t o M oder ate D ensity R esidentia l RM D = M ode rate Density Residen tial RH D = H igh D ensity R esidential OT RD = O ld Tow n R esidential Distr ict NC = N eighbo rhood Com m er cia l !!!!! !!!!! !!!!! !!!!!OT BD - 1 = O ld Town Busine ss Distr ict 1 OT BD - 2 = O ld Town Busine ss Distr ict 2 D D D D D D D D D D D D D D D D D D D D OT BD - 3 = O ld Town Busine ss Distr ict 3 GC = G ene ral C om m ercial HC = H ighw ay C om m ercial BP = Business P ark LI = L ight In dustrial GI = G ener al Indust rial P/S P = P ublic/S em i-P ublic MS = Me dical Se rvices AF = Aviation F lightline kdk 01/30/2012 Proposed H C land use Proposed HC = Hig hway Comm ercia l City of Arlington Council Agenda Bill Item: NB #1 Attachment H COUNCIL MEETING DATE: April 2, 2012 SUBJECT: Contract with Cascade Materials & Aggregate for the hauling and land application of biosolids. ATTACHMENTS: Contract between City of Arlington and Cascade Materials & Aggregate DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: Annual expenditure varies, minimum cost is $13,394.00 with a not to exceed cost of $81,000.00 per year. BUDGET CATEGORY: Fund 401 – Sewer Operating Fund LEGAL REVIEW: DESCRIPTION: The City must contract with a Department of Ecology (DOE) licensed contractor for the hauling and land application of biosolids in excess of what the City’s Biosolids Compost Facility (BCF) can process. HISTORY: The City has been under contract with Parker Ag, Inc. for the hauling and land application of biosolids in excess of what the City’s Biosolids Compost Facility (BCF) can process. Parker Ag has ceased business operations and the City must find another contractor for hauling biosolids. Staff issued a Request for Proposal to six DOE licensed contractors and Cascade Materials is the lowest qualified bidder. ALTERNATIVES - Do not Contract with Cascade Materials & Aggregate - Reissue Request for Proposal RECOMMENDED MOTION: “I move to authorize the mayor to sign the contract with Cascade Materials & Aggregate for the hauling and land application of biosolids, pending final review by the City Attorney”. SERVICES CONTRACT FOR THE TRANSPORTATION AND LAND APPLICATION OF BIOSOLIDS AND OTHER RELATED SERVICES This agreement is made March ___, 2012 by and between Cascade Materials and Aggregate LLC (Cascade), a Washington limited liability company, and City of Arlington, Washington (City). WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by Cascade, the City hereby agrees with Cascade to commence and complete the following work:  Haul Class B Biosolids to Cascade’s beneficial use facility.  Land apply Class B Biosolids in accordance with Washington Department of Ecology, and EPA Region 10 rules and regulations. RECITALS: The City owns and operates wastewater treatment facilities in Arlington, WA that generate biosolids as part of their normal business practices. Cascade provides a service of transporting and land applying biosolids to permitted sites according to permits issued by Washington State Department of Ecology. The City and Cascade desire to enter into an agreement whereby Cascade transports and land applies biosolids from the facility using its own equipment in a manner consistent with applicable regulations. The City will dewater the biosolids at their own cost using their own equipment and properly load the end dumps provided by Cascade for the purposes of transporting the biosolids to land application sites operated and managed by Cascade. ARTICLE I — SUMMARY WORK; Cascade shall provide and furnish at Cascade’s own proper cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide the services in strict accordance with the conditions and prices stated in this Contract. Cascade’s proposal is made a part of this Contract; and other documents herein mentioned are a part of this Contract. Cascade shall do everything required by this Contract and the other documents constituting a part thereof. ARTICLE 2—TERM: The term of this contract shall be for one year from the date it is executed. This contract is subject to annual funding. This contract may be extended based upon mutual written agreement. ARTICLE 3 - PRICE: Cascade will incur and pay all costs for mobilization, demobilization, transportation, and land application of biosolids. These costs include fuel, labor, repairs, maintenance, permit fees, insurance and other associated costs to perform services. Cascade will provide all of the services outlined herein for the following fee:  $44.98 per scale ton Invoices will be sent with specific load documentation and data required for Department of Ecology reporting at a minimum of every month for payment. Payment will be made within 30 days or a late fee of 2.0% will be charged for each 30 days period the payment is late. ARTICLE 4— CONTRACT: The Contract Documents, which constitute the entire agreement between the City and Cascade consist of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, or if not attached, as If hereto attached: 1. This Services Contract. 2. Cascade Proposal Dated December 20, 2011 3. Certificate of Insurance. ARTICLE 5—SERVICE OF NOTICES: All notices required to be given hereunder shall be deemed to have been validly given if delivered in person to the individual named below or delivered at or sent by registered or certified mail, postage prepaid, to the following addresses: CONTRACTOR: CITY: (360) 403-3515 ARTICLE 6— SAFETY: Cascade shall comply with all applicable safety rules and regulations adopted by the United States Department of Labor Occupational Safety and Health Administration (OSHA) or Washington State Department of Labor and Industries, whichever is most restrictive. The City assumes no duty to insure that Cascade follows the safety regulations issued by OSHA. ARTICLE 7—FEDERAL AND STATE REGULATIONS: Cascade will abide by all Federal and State of Washington laws which are applicable to the performance of work under this Contract, specifically State of Washington 173-308 WAC, Federal Regulations at 40 CFR Part 503 and the Beneficial Use Facility Permit issued our sites. Cascade shall further provide the City with assistance in compliance with state and federal regulations which controls all biosolids management activities, including hauling and land application reports and data necessary for the City to file compliance reports with the Washington state Department of Ecology. ARTICLE 8— INSURANCE: Cascade shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Cascade, its agents, representatives, or employees. 8.1 Minimum Scope of Insurance. Cascade shall obtain insurance of the types described below: a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under Cascade ‘s Commercial General Liability insurance policy with respect to the work performed for the City. c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 8.2 Minimum Amounts of Insurance. Cascade shall maintain the following insurance limits: a. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. b. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 8.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: a. Cascade 's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Cascade 's insurance and shall not contribute with it. b. The Cascade 's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 8.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 8.5 Verification of Coverage. Cascade shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Cascade before commencement of the work. ARTICLE 9—SPECIAL CONDITIONS: Cascade shall be solely responsible for applying for any State, Federal, or local permits for land application of biosolids to the extent that such permits are required by law or regulation, and compliance therewith. Any change in regulations and business practices required hereunder that change the originally outlined assumptions of this contract shall allow either party to request a modification to this contract. The parties shall negotiate any such requested modifications in good faith; however any modifications of this contract shall be only by mutual agreement of both parties. ARTICLE 10—TERMINATION: In the event that there has been a breach by the other party of any material term of this agreement, the non-breaching party, shall give a ten day notice to the breaching party informing the breaching party of the wrongful act or breach. The offending party shall then have ten days to cure the breach or problem, and if the offending party does not do so, then this agreement shall terminate in not less than 30 days from the issue date of the notice of breech. If the alleged offending party does not agree that the wrongful act or breach of the agreement has occurred, the parties agree to mediate the problem and give their best effort to resolve the differences. ARTICLE 11 - SCOPE OF SERVICES: Cascade Services will provide for the entire management and operation of the biosolids land application program. All operational activities will be coordinated through the local Cascade representative; their contact information is as follows: Kurt Bartelheimer ManagerCascade Materials & Aggregate, LLC PO Box 1716Snohomish WA 98291 425-238-3437 ca_ma@ymail.com Cascade will provide the following management services in a timely and proper manner: 1. Provide equipment (trailers and yard truck) for the express purposes of the City staff loading biosolids for transport by Cascade. 2. Collect and test soil samples on application sites. 3. Complete all required biosolids reports, annual or otherwise, related to land application as required by the State of Washington Department of Ecology and the United States Environmental Protection Agency. 4. Permit through the Washington Department of Ecology the required land application sites. 5. Comply with all applicable state and federal laws and regulations regarding its services hereunder. 6. Provide copies of the above data, tests and reports to City to document compliance. The City will provide the following: 1. Sampling and testing of the biosolids according to the standards set forth by Washington State Department of Ecology. 2. Certifying that the biosolids meet, at a minimum, Class B standards and vector attraction reduction standards as set forth by the WDE and USEPA. 3. All cost and time associated with dewatering the biosolids using its own equipment. 4. Loading of transport units within legal loading limits. ARTICLE 12— INDEMNIFICATION Cascade will defend, protect, indemnify and hold harmless the City its officers, directors, agents, employees and invitees from and against any and all liability, claims, demands, losses and expenses of every kind and description including, without limitation, attorney’s fees, caused by arising out of, resulting from, or in any way incidental to the performance of this contract, provided that any such liability, claim, demand, damage, loss or expense is attributable to or caused in whole or in part by any wrongful intentional act or by the negligent act or omission of Cascade, anyone directly or indirectly employed by or otherwise associated with Cascade or is caused in whole or in part by Cascade’s failure to perform its obligations under this contract. City will defend, protect, indemnify and hold harmless Cascade, its officers, directors, agents, employees and invitees from and against any and all liability, claims, demands, losses and expenses of every kind and description including, without limitation, attorney’s fees, caused by, arising out of, resulting from, or in any way incidental to the performance of this contract, provided that any such liability, claim, demand, damage, loss or expense is attributable to or caused in whole or in part by any wrongful intentional act or by the negligent act or omission of City, anyone directly or indirectly employed by or otherwise associated with City or is caused in whole or in part by City’s failure to perform its obligations under this contract. To the extent of any liability, claim, demand, loss or expense caused by, arising out of, resulting from, or in any way incidental to the wrongful intentional or negligent acts of both parties, each party shall indemnify the other proportionately in accordance with Washington law. ARTICLE 13- PERMITS AND REPORTS Cascade Services will be responsible for the preparation of all reports for this project including both the annual Washington Department of Ecology and United States Environmental Protection Agency report. The City will provide the proper certification statements to Cascade for these reports. Copies of all reports, both the formal annual reports arid periodic performance reports will be provided to the City. According to the Washington Department of Ecology and Federal regulations, biosolids are to be tested regularly. As part of Cascade’s effort to assure compliance, Cascade will collect and analyze samples quarterly. This makes it easier on both parties so that the data does not have to be tracked down and makes Cascade more effective at recalculating application rates. Cascade shall keep for five years such test results to document that the biosolids from the Generator meet the state and federal requirements for land applied biosolids. ARTICLE 14—VOLUMES The basis for this bid is the removal of approximately 25-150 wet tons per month of biosolids.. The minimum annual amount of biosolids to be provided to Cascade for hauling will be 600 wet tons. ARTICLE 15— EXECUTION This contract has been accepted and has been executed between the two parties on this date of March _____, 2012. CITY: SERVICE PROVIDER: CITY OF ARLINGTON CASCADE MATERIALS AND AGGREGATE LLC Barbara Tolbert, Mayor Date Service Provider Official Date Title Attest: . Kristin Banfield, City Clerk Date City of Arlington Council Agenda Bill Item: NB #2 Attachment I COUNCIL MEETING DATE: April 2, 2012 SUBJECT: Hotel Motel Tax Distributions for 2012 ATTACHMENTS: 1) Spreadsheet listing applications and funding recommendations 2) Sample Contract DEPARTMENT OF ORIGIN Finance EXPENDITURES REQUESTED: $85,277 BUDGET CATEGORY: Hotel-Motel Tax Fund LEGAL REVIEW: DESCRIPTION: For the 2012 funding process, 13 applications were received totaling $162,696. The Lodging Tax Committee met on March 8th to review and make recommendations for funding. 9 applications were approved for funding totaling $85,277. The City will also be providing funds, approved in 2011, to complete the restroom/visitor information center project at Legion Park. Organizations who are awarded the funds will be required to enter into a contract with the City and abide by the terms. There should be approximately $25,000 left in the Hotel-Motel Tax fund to carryover to 2013. HISTORY: The City began collecting a 2% Hotel-Motel Tax in 2005. Revenues generated from the tax are to be used for tourism promotion and tourism-related facilities. ALTERNATIVES 1) Table for additional Review 2) Take no action RECOMMENDED MOTION: I move to approve the funding applications as recommended by the Lodging Tax Advisory Committee. Hotel / Motel Project Project Total Sponsor Tax 66.6% Limit Committee Sponsor/Contractor Title Project Match Request or requested Recommends Arlington EAA Fly-in Promotion/advertising fly-in 57,200.00$ 32,200.00$ 25,000.00$ 25,000.00$ 25,000.00$ Arlington Arts Council AAC's popular music concert's at BPAC 22,500.00$ 7,500.00$ 15,000.00$ 14,985.00$ 14,985.00$ D.A.B.A.Brochures,advertising, marketing, web-site 23,000.00$ 8,000.00$ 15,000.00$ 15,000.00$ 10,000.00$ Arlington/Smokey Point C of C Visitor Information Center 9,380.00$ 4,690.00$ 4,690.00$ 4,690.00$ 4,960.00$ Arlington/Smokey Point C of C 2012 4th of July Events, Peddle Paddle Puff Triathlon and Fireworks Show 8,190.00$ 3,190.00$ 5,000.00$ 5,000.00$ 5,000.00$ Olympic Ballet Theatre The Nutcracker in Arlington 75,700.00$ 71,700.00$ 4,000.00$ 4,000.00$ 4,000.00$ City of Arlington Video Promotion equipment 8,500.00$ 2,200.00$ 6,300.00$ 5,661.00$ City of Arlington Eagle Festival 8,772.00$ 3,572.00$ 5,200.00$ 5,200.00$ 5,200.00$ City of Arlington City Limit Entrance Signs 26,400.00$ 8,400.00$ 18,000.00$ 17,582.40$ City of Arlington Display Art Banners 20,976.00$ 11,520.00$ 9,456.00$ 9,456.00$ City of Arlington Summer Events in the Parks 13,072.00$ 4,572.00$ 8,500.00$ 8,500.00$ 8,500.00$ City of Arlington Improvements to Country Charm Park 51,000.00$ 13,000.00$ 38,000.00$ 33,966.00$ Red Rooster Route Red Rooster Route Days 11,460.00$ 2,910.00$ 8,550.00$ 7,632.36$ 7,632.00$ TOTALS 336,150.00$ 173,454.00$ 162,696.00$ 156,672.76$ 85,277.00$ 2012 Beginning Balance available 90,000.00$ Restroom Project from 2011 (48,000.00) Projected H/M Taxes to be rec'd in 2012 70,000.00 Fund Reserve (12,000.00) Amount available for award in 2012 100,000.00$ Hotel / Motel Funding Applications for 2012 1 (27-415 SJP/pb) CONTRACTOR: ADDRESS: PROJECT: AMOUNT: $ FUND SOURCE: City of Arlington Hotel Motel Tax TERMINATION: December 31, 2012 CONTRACT FOR HOTEL/MOTEL FUND PROJECTS THIS AGREEMENT between the City of Arlington (“City”) and Xxxxxx (“Contractor”); WITNESSETH, that the parties agree as follows: 1. Scope of Services to be Performed by Contractor. As defined in Attachment A appended hereto. 2. Time of Performance. The Contractor is to complete the work required by this Contract no later than December 31, 2012. 3. Compensation. The City will pay the Contractor for services as set forth in Attachment A, appended hereto. On completion of the work, the Contractor will submit properly executed invoices indicating hours expended and/or work performed as appropriate and consistent with the schedule of work outlined in Attachment A, “Scope of Work”. Total charges on this project shall not exceed $. 4. Credit. Any publications or advertising produced as a result of this project will prominently feature the following credit: MADE POSSIBLE IN PART BY ASSISTANCE FROM THE CITY OF ARLINGTON HOTEL-MOTEL TAX FUND. 5. Copyrights. Where activities supported by this contract produce original books, articles, manuals, films, computer programs or other materials, the Contractor may copyright such materials upon obtaining the prior written approval of the City: PROVIDED that the City receives a royalty-free, non-exclusive and irrevocable license to reproduce, publish or use such material. Where such license is exercised, appropriate acknowledgment of Contractor's contribution will be made. 6. Changes. This Contract may be modified as to terms of performance, terms relating to compensation, or other matters upon mutual agreement of the parties, and shall become effective only upon written amendment to this Contract, such amendment to be executed by both parties. 2 (27-415 SJP/pb) 7. City Review/Approval. Upon submittal of any report or other information required by the scope of the work, the City may, following review by the City, accept such work or reject it, or request such modification or additions as it deems appropriate. Payment for such work will not be made until the work is accepted by the City. 8. Access to Books/Records. The City may, at reasonable times, inspect the books and records of the Contractor relating to the performance of this Contract. 9. Hold Harmless. The Contractor shall protect, save harmless, indemnify and defend, at its own expense, the City, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of this Contract, including claims by Contractor's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the City, its elected and appointed officials, officers, employees or agents. 10. Legal Requirements. The Contractor shall comply with all applicable federal, state and local laws in performing this Contract. 11. Termination. a. If the Contractor breaches any of its obligations hereunder, and fails to cure the same within ten (10) days of written notice to do so by the City, the City may terminate this Contract, in which case the City shall pay the Contractor only for the costs of services accepted by the City prior to the City's notice of termination, in accord with the schedule referenced in section 3. b. The City may terminate this Contract upon thirty (30) days written notice to the Contractor for any reason other than stated in subsection (a) of this section, in which case the City shall pay the Contractor for all costs incurred by the Contractor in performing the Contract in accord with the schedule referenced in section 3. c. Termination shall not affect the rights of the City under section 4, 5, 7, 8 and 9 hereunder. 12. Exercise of Rights or Remedies. Failure of either party to exercise any rights or remedies under this Contract shall not be a waiver of any obligation by either party and shall not prevent either party from pursuing that right at any future time. 13. Records. Contractor must maintain adequate records to support billings. Said records shall be maintained for a period of five (5) years after completion of this Contract by the Contractor. The City or any of its duly authorized representatives shall have access to any books, documents or papers and records of the Contractor which are directly related to this Contract for the purposes of audit examinations, excerpts or transcripts. Expenditures under this Contract which are determined by audit to be ineligible for reimbursement and for which payment has been made to the Contractor shall be refunded to the City by the Contractor. 3 (27-415 SJP/pb) 14. Independent Contractor. Contractor agrees that Contractor will perform the services under this agreement as an independent contractor and not as an agent, employee or servant of the City. The parties agree that the Contractor is not entitled to any benefits or rights enjoyed by employees of the City. Contractor specifically has the right to direct and control Contractor's own activities in providing the agreed services in accordance with the specifications set out in this agreement. 15. Consent to Delegate. The Contractor shall not subcontract, assign or delegate any of the rights, duties or obligations covered by this agreement without the prior express written consent of the City. 16. Entire Agreement. This document constitutes the entire agreement between the parties. CONTRACTOR: _____________________________________ Date: _________________________ CITY OF ARLINGTON _____________________________________ Date: _________________________ James W. Chase, Finance Director 4 (27-415 SJP/pb) ATTACHMENT A ______________________________ PROJECT SCOPE OF WORK AND BUDGET CONTRACTOR: PROJECT: SCOPE OF WORK 1. Xxxxx (“Contractor”) will receive from City of Arlington (“City”) the amount of $ . Funds will reimburse the Contractor for eligible expenses incurred in executing the project more fully described in Attachment B appended hereto. Funds will reimburse the Contractor for eligible expenses incurred in executing the project more fully described in Attachment B appended hereto. 2. The period of this Contract shall run through December 31, 2012. 3. The Contractor will ensure that a substantial amount of any promotional materials underwritten in whole or in part by City funds will be directed at recipients outside of City of Arlington to ensure that out-of-city visitors are attracted. This will be accomplished by mailing materials out of the city and/or by placing appropriate materials with the Snohomish County Tourism Bureau. Any electronic advertising funded by this contract will be substantially directed at audiences outside of City of Arlington. 4. For the purposes of this project, expenses eligible for reimbursement are defined as those listed in the “CITY” column of the budget below. Invoices to the City from the Contractor will include itemized receipts for all eligible expenditures for which the Contractor seeks reimbursement. In addition, if City funds underwrite in whole or in part any printed materials, print advertising or broadcast medium advertising, the Contractor will submit with the Contractor's reimbursement request for associated costs incurred: three (3) copies of printed materials; one copy of each print advertisement as printed; and one copy of the text of each broadcast medium advertisement. City funds will not be used to reimburse any expenses incurred by the Contractor which provide direct promotional benefit to a specific private business entity. In order to ensure timely closeout of this project, the Contractor will submit final invoicing to the City for this project no later than December 31, 2012. Also, by December 31, 2012, the Contractor will provide to City a final report summarizing project activity and summarize how grant funds have enhanced cultural tourism in the City of Arlington. City of Arlington Council Agenda Bill Item: NB #3 Attachment J COUNCIL MEETING DATE: April 2, 2012 SUBJECT: Ordinance adopting incentives for Economic Development ATTACHMENTS: Draft Ordinance DEPARTMENT OF ORIGIN Executive- Paul Ellis EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: DESCRIPTION: The draft ordinance would temporarily suspend transportation impact fees and utility hookup fees created when a commercial building changes uses. The smaller retail spaces change uses more frequently that the larger anchor spaces. Each change of use triggers an evaluation of hookup fees and traffic mitigation; this would provide an incentive to potential businesses who locate in Arlington. It is limited to change of use of commercial businesses when the tenant improvements will not exceed 60% of the building value and are customers of Arlington utilities. HISTORY: Historically, we have charged about four ERU’s per year for change of use commercial businesses. ALTERNATIVES Table for further discussion Remand to Staff for Additional Information RECOMMENDED MOTION: I move to approve the proposed ordinance temporarily suspending transportation impact fees and utility hookup fees relating to changes in use, and containing a sunset provision for the effective term of the ordinance. ORDINANCE 2012-XXX 1 CITY OF ARLINGTON ORDINANCE NO. 2012-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON TEMPORARILY SUSPENDING TRANSPORTATION IMPACT FEES AND UTILITY HOOKUP FEES RELATING TO CHANGES IN USE, AND CONTAINING A SUNSET PROVISION FOR THE EFFECTIVE TERM OF THE ORDINANCE WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens; and WHEREAS, the City of Arlington wishes to encourage commercial development that is consistent with the City’s Comprehensive Plan while recognizing the unusual financial climate that exists currently; and WHEREAS, the City municipal code contains provisions assessing transportation impact fees and utility connection fees relating to changes in use which the City Council wishes to suspend temporarily for a period of time from the adoption of the ordinance until December 31, 2013; and WHEREAS, the City Council finds that suspension of the usual and customary fees is desirable for the specific purpose of attracting redevelopment and commercial growth in certain locations within the City; NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as follows: Section 1. Notwithstanding any other provision of the Arlington Municipal Code, the City temporarily suspends the imposition of transportation impact fees and utility connection fees under AMC 20.90.040 and AMC Chapter 13.12, respectively, when the following circumstances apply: (a) The assessment of the fee is solely the result of a change to a land use category that results in a higher fee; (b) The project will not add, increase or expand the gross floor area of an existing building, or increase water meter size (c) The project is only a change in use, renovation or remodeling of an existing structure or structures; (d) The project is not a redevelopment project or other project in which existing structures are replaced or substantially redeveloped by dollar amounts greater than 60% of the building value; (e) For utility connection fees only, the property is serviced by City of Arlington utilities and is located in areas zoned General Commercial (GC), Highway Commercial (HC), or Old Town Business District (CBD); and ORDINANCE 2012-XXX 2 (f) The project is one for which a complete building application is filed with the City between May 1, 2012 and December 31, 2013. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. 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; provided, however, that unless extended by act of the City Council, this ordinance shall automatically expire on December 31, 2013. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____ DAY OF _____________, 2012. CITY OF ARLINGTON By___________________________________ Barbara Tolbert, Mayor Attest: ________________________________ Kristin Banfield, City Clerk Approved as to form: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #4 Attachment K COUNCIL MEETING DATE: April 2, 2012 SUBJECT: Interlocal Agreement with Snohomish County Department of Emergency Management ATTACHMENTS: ILA with Snohomish County Department of Emergency Management DEPARTMENT OF ORIGIN Executive- Paul Ellis EXPENDITURES REQUESTED: $19,390 BUDGET CATEGORY: Emergency Management LEGAL REVIEW: DESCRIPTION: Snohomish County Department of Emergency Management provides coordinated emergency management county wide. This is the 2012 update to the interlocal agreement for DEM services. HISTORY: DEM assist the city by providing many services that enhance our emergency operations function. Staff training, Mystate communications and web software are among some of the services we take advantage of. DEM also provides some materials such as sand and bags during flooding events. We serve as members on the DEM Advisory Board to develop the objectives for the county. ALTERNATIVES Table for further discussion Remand to Staff for Additional Information RECOMMENDED MOTION: I move to approve the Interlocal Agreement with Snohomish County Department of Emergency Management as presented.