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HomeMy WebLinkAbout01-17-2012_Council Meeting Arlington City Council January 17, 2012 – 7PM City Council Chambers 110 E Third Street Due to inclement weather, the Arlington City Council meeting for Tuesday, January 17, 2012 has been cancelled. The meeting will be reconvened on Monday, January 23, 2012 at 7pm. Arlington City Council January 17, 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 SELECTION OF MAYOR PROTEM APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 1. Shawn Yanity, Stillaguamish Tribe of Indians 2. 2011 Santa Run – Chief Stedman and Firefighter/Paramedic Hargroves 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 January 3, 2012 and January 9, 2012 Council Meetings 2. Accounts Payable 3. Public Art donation acceptance 4. Acceptance of FEMA A.F.G. grant and approval to purchase Hose & Nozzles from LN Curtis PUBLIC HEARING NEW BUSINESS 1. Adoption of an Interlocal Agreement with Snohomish County regarding Annexation of a Portion of SR 9 and SR 531 2. Ordinance adopting SR9 ROW Annexation 3. Ordinance adopting SR531 ROW Annexation 4. Consideration of Notification of Intention to Annex - 10% Petition for Star Annexation 5. Acceptance of Dedications and Easements from the Sapphire Partners Final Short Plat 6. Settlement offer from Donald W. Wright regarding Public Records Act claim DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT 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. COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To review all attachments, click here. DRAFT Page 1 of 3 Council Chambers 110 East Third January 3, 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 no Council members absent. City Staff Present: Mayor, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Police Commander DeWitt, Police Officer Davis, Police Personnel Chamberlin and Schlagel, Fire Chief Bruce Stedman, Deputy Chief Cooper, MSA Schmidt, Captains Hillis, Kraski, Knepper, Asher, and Stuart, and Firemen Dagget, Carver, Normand, Mitchell, Burgess, Smith, Dickison, Abrahamson, Brisson, and Bradfield; David Kuhl, Kurt Patterson, Linda Taylor Lynne Bridges, Eric Scott, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Bruce Angell, Katie Ellis, Terry Marsh, Walt Riebe, Mike Hopson, Vickie Solla, Shirley and Paul Nyenhuis, Kirk Boxleitner – Arlington Times, Gale Fiege – Everett Herald and Sarah Arney – North County Outlook Barbara Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. SWEARING IN City Attorney Steve Peiffle swore in Barbara Tolbert as Arlington’s new Mayor, and she was welcomed. He then also swore in Council members Dick Butner, Marilyn Oertle, Randy Tendering, and Ken Klein. APPROVAL OF THE AGENDA Steve Baker moved and Chris Raezer seconded the motion to approve the Revised Agenda which passed with a unanimous vote. PUBLIC COMMENT Stewart Battle and JoRye Fugate both spoke in opposition to the Obama Administration. CONSENT AGENDA Steve Baker moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following items: 1. Minutes of the December 19 2011 City Council meeting 2. Accounts Payable Approval of EFT Payments and Claims Checks #75465 through #75566 dated December 20, 2011 through December 30, 2011 in the amount of $493,145.50, and Approval of EFT Payments and Claim Checks #75567 through #75570 dated January 3, 2012 for $18,103.50, and Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT January 3, 2012 Page 2 of 3 Approval of EFT Payments and Payroll Checks #27425 through #27444 for the period of December 1, 2011 through December 31, 2011 for $1,146,491.81 PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS Ordinance Adopting Comprehensive Plan Amendments for the Manufacturing Industrial Center With the use of a power point projection Community Development Director David Kuhl located the MIC area of discussion, and he then spoke to the Manufacturing Industrial Center. Mr. Kuhl answered Council questions Steve Baker moved to adopt the Ordinance approving the Manufacturing Industrial Center Comprehensive Plan Amendments. Marilyn Oertle seconded the motion that passed with a unanimous vote. NEW BUSINESS Selection of Dianne White, Mayor, City of Stanwood, to Serve on Snohomish Health District Board of Health Representative for all Small Cities in County Council District #1 Mayor Tolbert briefly addressed the Snohomish Health District Board of Health. Randy Tendering moved to approve the selection Dianne White, Mayor, City of Stanwood to serve as Snohomish Health District Board of Health representative for all small cities in County Council District #1. Chris Raezer seconded the motion that passed with a unanimous vote. Selection of Councilmember Debora Nelson to Serve as the City’s Representative to Community Transit Mayor Tolbert briefly addressed the Community Transit Board of Directors. Steve Baker moved to appoint Debora Nelson to serve as the City’s representative to Community Transit. Dick Butner seconded the motion that passed with a unanimous vote. Selection of Mayor Barbara Tolbert as Delegate to the Snohomish County Tomorrow Steering Committee & Councilmember Marilyn Oertle as Alternate Mayor Tolbert briefly addressed the Snohomish County Tomorrow Steering Committee. Steve Baker moved to appoint Mayor Barbara Tolbert as Delegate to the Snohomish County Tomorrow Steering Committee and Councilmember Marilyn Oertle as Alternate. Chris Raezer seconded the motion that passed with a unanimous vote. Confirmation to Appointments to Lodging Tax Advisory Committee Mayor Tolbert briefly addressed the Advisory Committee. Ken Klein moved to confirm the appointments of Jessica Stickles and Councilmember Chris Raezer to serve on the Lodging Tax Advisory Committee. Steve Baker seconded the motion that passed with a unanimous vote. Minutes of the City of Arlington City Council Meeting DRAFT January 3, 2012 Page 3 of 3 Resolution Rescinding Resolution No. 2011-020 City Administrator Allen Johnson stated that the requested Resolution is being presented because more time is needed to educate the voters of Arlington in regard to the proposed request for an increase in the sales tax for police and fire protection. Steve Baker moved and Marilyn Oertle seconded the motion to adopt the proposed Resolution rescinding Resolution No. 2011-020. The motion was approved with a unanimous vote. INFORMATION Allen Johnson reminded the Council of the Saturday morning January 21 mini-retreat in the City Council Chambers. He also pointed out changes in the Yellow Pages report. COUNCIL MEMBER REPORTS – OPTIONAL Neither Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, nor Steve Baker reported at this time. ADJOURNMENT With no more business to come before the Council, the meeting was adjourned at 7:28PM. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street January 9, 2012 Those Present: Dick Butner Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker, Mayor Tolbert, Allen Johnson, Kristin Banfield, Jim Chase, Fire Chief Bruce Stedman, Eric Scott, Sarah Lopez, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: There were no Council members absent tonight. Also Known to be Present: Sarah Arney – North County Outlook, Terry Marsh, Mike Hopson, and Ron Thomas Mayor Tolbert called the meeting to order at 7:00PM. Steve Baker moved to approve the Agenda, and Marilyn Oertle seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS ~ NO FINAL ACTION WAS TAKEN Interlocal Agreement with Snohomish County regarding Annexation of a Portion of SR 9 and SR 531 City Attorney Steve Peiffle discussed the Interlocal Agreement regarding future annexations. Adjustments of rights-of-way will be made according to the State Law and Local Laws. Mr. Peiffle noted that he concurs with the ILA. SR9 ROW Annexation AND SR531 ROW Annexation Associate Planner Todd Hall discussed the corrected legal description and map for both SR9 and SR531 Rights of Way. There were no questions. Action will be taken on both of these January 17, 2012 Consideration of Notification of Intention to Annex - 10% Petition for Star Annexation With the use of a power point presentation Todd Hall located the Star properties and then spoke to the 10% annexation Petition and the timeline in regard to the Annexation. Mr. Hall then answered Council questions. This will be presented at the January 17, 2012 Council meeting Sapphire Partners Final Short Plat - Dedications and Easements Mr. Hall noted the Sapphire Partners plat location and information regarding the zoning. A 12-foot section along 188th Street would be dedicated to the City. Mr. Hall then answered Council questions. Acceptance of FEMA A.F.G. Grant and Approval to Purchase Hose & Nozzles from LN Curtis Fire Chief Bruce Stedman stated that in a critical review of fire equipment, it was found that nozzles needed to be replaced. He spoke to the AFG equipment grant and asked for the City’s 5% contribution to the overall project purchase cost. Chief Stedman then answered Council questions. Public Art dedications Recreation Manager Sarah Lopez reviewed the two art pieces presented for Council approval. They have been through the necessary lines prior to the request. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT January 9 , 2012 Page 2 of 2 Selection of Mayor Pro Tem City Administrator Allen Johnson spoke to the Rules of Procedure for the Selection of a Mayor Pro Tem. Action will be taken at the next Council meeting. Debora Nelson addressed the need to build positive relations within the Council. Discussion followed regarding the selection history. Resolution on Public Safety Sales Tax – April Ballot Finance Director Jim Chase stated that resolution for a Public Safety Sales Tax will be placed on the August ballot, rather than on the April 17, 2012, as planned, because it must be presented on a primary or general election. EXECUTIVE SESSION City Attorney Steve Peiffle requested an Executive Session lasting approximately 15 minutes with no action to be taken during or after the meeting. The meeting was adjourned into Executive Session at 7:37PM. At 7:53PM the meeting was reconvened, and with no further business to come before the Council, the meeting was immediately adjourned. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 COUNCIL MEETING DATE: January 17, 2012 SUBJECT: Request for acceptance of art donations ATTACHMENTS: Example of Art donations DEPARTMENT OF ORIGIN Recreation – Contact Sarah Lopez, 360-403-3448 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Requesting approval to accept two donated pieces of art to add to the public art collection. 1. “Into the Stilly Valley” painting by Cheri O’Brien, donated by DABA, value $1500 To be located in the Council Chambers. 2. “Stilly River in the Early Morning Fog” photograph by Camelia Nahlik, donated by Arlington Arts Council, value $475. To be located in the Executive office. HISTORY: Both pieces of art have been through the public art process; the public art committee and PARC have both reviewed and recommended the pieces for acceptance. ALTERNATIVES Do not accept, or accept partially. RECOMMENDED MOTION: I move to accept the following two pieces of art into the City’s Public Art Collection: “Into the Stilly Valley” painting by Cheri O’Brien, donated by DABA, and “Stilly River in the Early Morning Fog” photograph by Camelia Nahlik, donated by the Arlington Arts Council. City of Arlington Council Agenda Bill Item: CA #4 COUNCIL MEETING DATE: January 17, 2012 SUBJECT: Acceptance of FEMA A.F.G. grant and approval to purchase Hose and Nozzles from LN Curtis ATTACHMENTS: Grant Award from FEMA and Department of Homeland Security Bid Proposal Bid process summary memo from Captain Kraski DEPARTMENT OF ORIGIN Fire Department EXPENDITURES REQUESTED: $43,616.00 BUDGET CATEGORY: 522-10-31-20 LEGAL REVIEW: DESCRIPTION: The Fire Department received an equipment grant in the amount of $ 41,436 from FEMA/Department of Homeland Security to replace aging nozzles and hoses. The City’s matching requirement is 5% of the overall project cost of $43,616.00 or $2, 180.00. The replacement of this vital equipment will enhance our ability to provide for firefighter safety, improve our fire suppression capability and reduce liability to the city. HISTORY: The Fire Department has been striving to make improvements to its fire suppression equipment and was able to secure a grant to purchase new hand-line attack nozzles and supply hoses. The process to obtain this grant began in 2010, was awarded on March 15, 2011, and the bid notice was properly published in The Herald on December 7, 2011 and December 14, 2011. Two bid proposals were submitted to the City Clerk with the proposal from LN Curtis being the only one that met the specifications. ALTERNATIVES Deny request. RECOMMENDED MOTION: I move to accept the FEMA grant and authorize the Fire Chief to purchase identified equipment from LN Curtis. City of Arlington Council Agenda Bill Item: NB #1 COUNCIL MEETING DATE: January 17, 2012 SUBJECT: Interlocal Agreement with Snohomish County regarding Annexation of a Portion of SR9 and SR531 ATTACHMENTS: - Interlocal Agreement including SR 531 Exhibits A-1 and A-2 and SR 9 Exhibits B-1 and B-2 DEPARTMENT OF ORIGIN Community Development – Contact: David Kuhl, 360-403-3445 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: An Interlocal Agreement (ILA) is proposed between the City of Arlington and Snohomish County for the purpose of annexation of Certain Unincorporated Public Right-of-Ways. State Law (RCW 35.21.790), and RCW Chapter 39.34, the Interlocal Cooperation Act, requires a city to propose annexation of right-of-ways through an ILA. The purpose of this agreement is to set forth terms that will govern the orderly and logical transfer of governmental services from the County to the City. The rights-of-way are held by the State of Washington and there is no transfer of any interest in the property from the County to the City. HISTORY: During recent annexations near the intersection of SR 9 and SR 531 (Hilltop Sports and Thompson Annexations) we found small portions of the right-of-way that required annexation. In order to promote consistency and close gaps in jurisdiction, we annexed portions of right-of- way along SR 9, just north of the Thompson Annexation as well as along SR 531, just east of the Hilltop Annexation. Council will consider two different ordinances to reflect corrected legal descriptions of both the areas along SR 9 and SR 531. After approval of the ILA, the documents will be signed and sent to the County for signature and recording. ALTERNATIVES N/A RECOMMENDED MOTION: I move to approve the Interlocal Agreement with Snohomish County regarding Annexation of a Portion of SR9 and SR531. City of Arlington Council Agenda Bill Item: NB #2 COUNCIL MEETING DATE: January 17, 2012 SUBJECT: Annexation of a Portion of SR 9 (SR9 Right-of-Way) ATTACHMENTS: - Ordinance - SR 9 Exhibits B-1 and B-2 DEPARTMENT OF ORIGIN Community Development – Contact: David Kuhl, 360-403-3445 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: During a recent annexation near the intersection of SR9 and SR531 (Hilltop Sports and Thompson Annexations) we found small portions of the right-of-way that required annexation. In order to promote consistency and close gaps in jurisdiction, we annexed portions of right-of-way along SR9, just north of the Thompson Annexation. After approval of the ordinance, the County and the surveyor proposed a corrected legal description and map that is shown as Exhibits B-1 and B-2. Approval of this ordinance would provide a correct legal description of the annexation of a portion of SR 9. HISTORY: State law (RCW 35.21.790) allows a city to propose annexation of right-of-ways. The City would like to annex a portion of SR9 to help bring consistency in maintenance and enforcement on these stretches of roadway, once the City reaches the population threshold for these activities to commence. ALTERNATIVES N/A RECOMMENDED MOTION: I move to approve the proposed ordinance providing for the Annexation to the City of Arlington of certain unincorporated right of way situated within Snohomish County, and repealing ordinance 2011-010. ORDINANCE NO. 2011-XXX 1 ORDINANCE NO. 2012-XXX AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF ARLINGTON OF CERTAIN UNINCORPORATED RIGHT OF WAY SITUATED WITHIN SNOHOMISH COUNTY, AND REPEALING ORDINANCE 2011-010 WHEREAS, the City Council of the City of Arlington, Washington, requested that certain right-of way be annexed; and WHEREAS, RCW 35.21.790 provides for the of corporate boundary within street, road, or highway right-of-way; and WHEREAS, RCW 35.21.790 provides that the governing bodies of a county and any city or town located therein may by agreement revise any part of the corporate boundary of the city or town which coincides with the centerline, edge, or any portion of a public street, road or highway right-of-way by substituting therefore a right-of-way line of the same public street, road or highway so as fully to include that segment of the public street, road or highway into the corporate limits of the city or town; and WHEREAS, the revision of a corporate boundary as authorized under RCW 35.21.790 shall become effective when approved by ordinance of the city or town council or commission and by ordinance or resolution of the county council. Such a boundary revision is not subject to potential review by a boundary review board; and WHEREAS, said property is composed of incorporated land, situated within Snohomish County, Washington, which is surrounded by said city; NOW, THEREFORE, be it ordained by the City Council of the City of Arlington, as follows: Section 1. There is hereby annexed to the City of Arlington the following described property: Commonly known as: described below and shown on Exhibits “B-1” and “B-2”: All that portion of the Northwest quarter of the Southwest quarter of Section 24, Township 31 North, Range 5 East, W.M., described as follows: ORDINANCE NO. 2011-XXX 2 COMMENCING at the Northwest corner of said subdivision; thence S 89° 06’ 43” E along the North line thereof a distance of 663.82 feet to a point on the Westerly margin of State Route 9 and the TRUE POINT OF BEGINNING; thence continue S 89° 06’ 43” E a distance of 157.85 feet to a point on the Easterly margin of State Route 9, Right-of- Way of State Route 9 being 150.00 feet, thence S 17° 15’ 08” E along said Easterly margin a distance of 1295.75 feet to the beginning of a spiral curve to the right where A=1, L=1.0 and DE=0°30’; thence following the chord length S 17° 13’ 45” E a distance of 103.09 feet to the South line of the Northwest quarter of the Southwest quarter of said Section 24; thence N 89° 11’ 05” W along said South line a distance of 157.76 feet to the Westerly margin of State Route 9, said point being in a spiral curve; thence N 17° 13’ 45” W along the chord of said spiral curve a distance of 54.16 feet; thence N 17° 15’ 08” W a distance of 1344.89 feet to the TRUE POINT OF BEGINNING. Situate in the County of Snohomish, State of Washington. Section 2. City of Arlington Ordinance 2011-010 shall be and hereby is repealed. Section 3. That this Ordinance shall take effect and be in full force after being approved by the County Council of Snohomish County as provided for under RCW 35.21.790. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2012. CITY OF ARLINGTON ____________________________________ 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 #3 COUNCIL MEETING DATE: January 17, 2012 SUBJECT: Annexation of a Portion of SR 531 (SR531 Right-of-Way) ATTACHMENTS: - Ordinance - SR 531 Exhibits A-1 and A-2 DEPARTMENT OF ORIGIN Community Development – Contact: David Kuhl, 360-403-3445 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: During a recent annexation near the intersection of SR9 and SR531 (Hilltop Sports and Thompson Annexations) we found small portions of the right-of-way that required annexation. In order to promote consistency and close gaps in jurisdiction, we annexed portions of right-of- way along SR9, just east of the Hilltop Sports Annexation. After approval of the ordinance, the County and the surveyor proposed a corrected legal description and map that is shown as Exhibits A-1 and A-2. Approval of this ordinance would provide a correct legal description of the annexation of a portion of SR 531. HISTORY: State law (RCW 35.21.790) allows a city to propose annexation of right-of-ways. The City would like to annex a portion of SR531 to help bring consistency in maintenance and enforcement on these stretches of roadway, once the City reaches the population threshold for these activities to commence. ALTERNATIVES N/A RECOMMENDED MOTION: I move to approve the proposed ordinance providing for the annexation to the City of Arlington of certain unincorporated right of way situated within Snohomish County, and repealing ordinance 2011-009. ORDINANCE NO. 2012-XXX 1 ORDINANCE NO. 2012-XXX AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF ARLINGTON OF CERTAIN UNINCORPORATED RIGHT OF WAY SITUATED WITHIN SNOHOMISH COUNTY, AND REPEALING ORDINANCE 2011-009 WHEREAS, the City Council of the City of Arlington, Washington, requests that certain right-of way be annexed; and WHEREAS, RCW 35.21.790 provides for the of corporate boundary within street, road, or highway right-of-way; and WHEREAS, RCW 35.21.790 provides that the governing bodies of a county and any city or town located therein may by agreement revise any part of the corporate boundary of the city or town which coincides with the centerline, edge, or any portion of a public street, road or highway right-of-way by substituting therefore a right-of-way line of the same public street, road or highway so as fully to include that segment of the public street, road or highway into the corporate limits of the city or town; and WHEREAS, the revision of a corporate boundary as authorized under RCW 35.21.790 shall become effective when approved by ordinance of the city or town council or commission and by ordinance or resolution of the county council. Such a boundary revision is not subject to potential review by a boundary review board; and WHEREAS, said property is composed of incorporated land, situated within Snohomish County, Washington, which is surrounded by said city. Section 1. That there is hereby annexed to the City of Arlington the following described property: Commonly known as: described below and shown on Exhibits “A-1” and “A-2”: All that portion of the Northeast quarter of the Northeast quarter and of the Northwest quarter of the Northeast quarter, all in Section 26, Township 31 North, Range 5 East, W.M., described as follows: BEGINNING at the Northeast corner of the Northeast quarter of said Section 26; thence N 87° 24’ 46” W along the North line of the Northeast quarter of said Section 26 a distance of 2169.62 feet; thence S 76° 29’ 49” E a distance of 12.23 feet to the beginning of a tangent curve to the left having a radius of 1530.00 feet; thence along the arc of said curve through a central angle of ORDINANCE NO. 2012-XXX 2 10° 54’ 57” a distance of 291.49 feet to a point 30.00 feet South of, as measured perpendicular to, the North line of said subdivision; thence S 87° 24’ 26” E parallel to said North line a distance of 1869.44 feet to the East line of said subdivision; thence N 0° 24’ 10” W a distance of 30.04 feet to the Northeast corner of said subdivision and the TRUE POINT OF BEGINNING. TOGETHER WITH, the North 30.00 feet of the West half of the Northwest quarter of the Northwest quarter of Section 25, Township 31 North, Range 5 East, W.M. TOGETHER WITH, the South 30.00 feet of the West half of the Southwest quarter of the Southwest quarter of Section 24, Township 31 North, Range 5 East, W.M. All Situate in the County of Snohomish, State of Washington. Section 2. City of Arlington Ordinance 2011-010 shall be and hereby is repealed. Section 3. That this Ordinance shall take effect and be in full force after being approved by the County Council of Snohomish County as provided for under RCW 35.21.790. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day of _____________________, 2012. CITY OF ARLINGTON ____________________________________ 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 COUNCIL MEETING DATE: January 17, 2012 SUBJECT: Consideration of Notification of Intention to Annex – 10% Petition for Star Annexation (PLN20110047) ATTACHMENTS: 1. Staff Memorandum 2. 10% Petition for Annexation to City of Arlington 3. Vicinity and Zoning Maps of Proposed Annexation DEPARTMENT OF ORIGIN Community Development – Todd Hall, 360-403-3436 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: A 10% Petition for Annexation form has been submitted for approximately 52.28 acres located near the corner of 172nd Street NE/SR 531 and SR 9, of which approximately 30.80 acres are owned by the proponents. The properties are within the City Urban Growth Area (UGA), and the current City limits abut the proposed annexation area to the west. The City’s Comprehensive Plan designates the area as both General Commercial (GC) and High Density Residential (RHD), and the zoning map pre-zones this area with the same designations. HISTORY: Ron Thomas, on behalf of Equity Funding LLC and Gray1 Washington LLC, are the proponents for the annexation request. They submitted an application for annexation/Annexation 10% Petition form on December 14, 2011. The proposed annexation had been applied for in 2006 by previous owners, but was put on indefinite hold by the City due to water/sewer incapacities at the time. The current applicants applied in 2010, but the annexation was put on hold by the City of Arlington due to review by Boundary Review Board requesting the remaining properties within UGA to be included in annexation. This came about during the recent Hilltop and Thompson Annexations which were approved in 2011. At the next City Council meeting, staff will recommend that City Council move to accept the 10% Petition form for the Star Annexation (File No. PLN20110047), to include the assumption of their proportionate share of the City’s bonded indebtedness and the assumption of the Comprehensive Plan Land Use Designation of General Commercial and High Density Residential and zoning of General Commercial and High Density Residential. City Council discussed the 10% Petition at the January 9, 2012 workshop. ALTERNATIVES 1. Approve. 2. Deny with or without prejudice. 3. Geographically modify. RECOMMENDED MOTION: I move to schedule a meeting with the initiating parties for the Star Annexation at the February 6, 2012 City Council meeting to decide whether to accept the 10% Petition for Annexation, whether the area will assume proportionate share of debt, whether zoning will be assumed for the annexed area, and, if approved, the proponents would be able to circulate the 60% Petition for signatures. City Council Memorandum Date: January 17, 2012 To: Mayor and City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Re: Consideration of Notification of Intention to Annex - 10% Petition for Star Annexation (PLN20110047) BACKGROUND Ron Thomas, on behalf of Equity Funding LLC and Gray1 Washington LLC, are the proponents for the annexation request. They submitted an application for annexation/Annexation 10% Petition form on December 14, 2011. The annexation area consists of approximately 52.28 acres located near the corner of 172nd Street NE/SR 531 and SR 9, of which approximately 30.80 acres are owned by the proponents. The properties are within the City Urban Growth Area (UGA), and the current City limits abut the proposed annexation area. The City’s Comprehensive Plan designates the area as both General Commercial (GC) and High Density Residential (RHD), and the zoning map pre-zones this area with the same designations. The 30 acres owned by the proponents went through a Comprehensive Plan Amendment (CPA) to change the land use designations. The CPA, along with a concurrent zoning map amendment, was approved by City Council in April 2011. The reason for the annexation request is to allow the applicant to connect to the City’s sewer and water systems for future development. Staff has reviewed the request and no major issues with the annexation have been identified. The site is adjacent to the proposed roundabout that will be constructed by WSDOT beginning in April. Any environmental impacts from future development would be identified and mitigated at the time of application for land use development permits. Community Development Planning Division January 17, 2012 City Council Meeting COMPREHENSIVE PLAN The annexation is consistent with the following Comprehensive Plan Policies:  Growth Policy (PL-4.3) – concentrate new growth within the Urban Growth Area.  Growth Policy (PL-4.7) – encouraging urban development only on land where the City can provide urban services as required by GMA.  Growth Policy (PL-6.2) – providing urban services in a logical manner and within a reasonable period of time.  Growth Policy (PL-6.4) – annexation areas should be pre-designated and pre-zoned so that interested parties know what they will be once annexed. NEXT STEPS If City Council decides to accept the 10% Petition, the applicant may begin to circulate a 60% petition for annexation and submit the signed petition to the City. City Council will hold a public hearing for the 60% petition, and then tentatively approve at the following meeting. Upon approval, staff will forward the 60% petition and related materials to the County for review. Once County reviews and Boundary Review Board approves, Council may set a date for a public hearing for approval of the annexation. See attached timeline for details. Tentative timeline is as follows:  February 6 10% petition to be considered for acceptance at a City Council public meeting. Upon approval, proponents may begin 60% petition process.  March 5 60% petition public hearing at City Council meeting  March 19 60% petition decision at City Council meeting  March – May Snohomish County will review annexation materials by end of May  May – June City Council will approve ordinance adopting the annexation 10% PETITION FOR ANNEXATION TO THE CITY OF ARLINGTON, WASHINGTON ANNEXATION NAME STAR ANNEXATION File No. PLN20110047 TO: City Council of the City of Arlington 238 North Olympic Avenue Arlington, Washington 98223 WE THE UNDERSIGNED, being the owners of not less than 10% in value, according to the assessed valuation for general taxation, of the real property described on the reverse, or any portion thereof, lying contiguous to the City of Arlington, Washington, do hereby petition that such territory be annexed to and made a part of the City of Arlington, Washington under the provisions of RCW 35A.14.120, et. seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Snohomish County, Washington and is described on Exhibit “A” (legal description) attached herein. WHEREFORE the undersigned respectfully petition the Honorable City Council and ask: a) That appropriate action be taken to entertain this Petition, fixing a date for a public hearing, causing notice to be published and posted specifying the time and place of such hearing and inviting all persons interested to appear and voice approval or disapproval of such annexation; and b) That following such hearing, and subsequent to approval by the Snohomish County Boundary Review Board, if such is convenient, the City Council determine by ordinance that such annexation shall be effective and that property to be annexed shall become a part of the City of Arlington, Washingto n subject to its laws and ordinances then and thereafter in force, including a Comprehensive Plan to become effective upon annexation if the same is provided pursuant to RCW 35A.14.330. The undersigned hereby petition the Arlington City Council to annex the property described in Exhibit “A” attached herein into the City of Arlington, with that property assuming the proportionate share of the City’s bonded indebtedness and assuming the land use designation of General Commercial and High Density Residential in the Comprehensive Plan and zoning designation of General Commercial and High Density Residential in the Arlington Municipal Code Official Zoning Map in accordance with the requirements of the City Council of said City, as noted in the minutes of entry of the records of the City Council meeting. This Petition is accompanied and has attached herein as Exhibit “B” a diagram that outlines the boundaries of the property sought to be annexed. These pages are a group of pages containing an identical text and prayer intended by the signers of this Petition to be presented and considered as one Petition and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Petition. PRAYER OF PETITION: 1. Annexation of area described in Exhibits “A” and “B;” and 2. Assumption of a proportionate share of indebtedness of the City of Arlington; and 3. Assumption of the City of Arlington Comprehensive Plan and the Unified Development Code and Official Zoning Map land use designations and zoning districts for the subject area. INSTRUCTIONS TO SIGNERS AND VOLUNTEER SOLICITORS 1. Sign your name as you sign on legal documents; married women sign “Mary D . Jones” not “Mrs. John D. Jones.” 2. Only property owners should sign. 3. The signature of a record owner, as determined by the records of the County Auditor, shall be sufficient without the signature of his or her spouse. 4. In case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse. STAR ANNEXATION CITY OF ARLINGTON, WA ADDENDUM TO LAND USE APPLICATION / ANNEXATION FORM Land Use Application references to “See Attached Addendum” as stated on the application form. The signed applicants and proponents for this annexation request are Gray1 Washington LLC and Equity Funding LLC. List all property Parcel Numbers (all 14 digits) 31052400300800 31052400300700 31052400300900 31052400301000 31052500103400 31052500102200 31052500200100 Applicant – Gray1 Washington LLC 31052500201800 Applicant – Equity Funding LLC 31052500201900 Applicant – Equity Funding LLC 31052500201600 Applicant – Equity Funding LLC Points of Access to Property The subject parcels are accessed by two intersecting roads. 172nd Street NE provides direct access to the northern four parcels and to the parcel along its southern boundary. These parcels are owned by Zahradnik and Allen along the north side of 172nd and Gray1 Washington LLC along the south side of 172nd. 91st Avenue NE provides direct frontage access to the parcels owned by Gray1 Washington LLC, Equity Funding, Tanis and Lindell. Four of the western most parcels front SR 9 and according to the Washington State Department of Transportation, direct site access from this state highway will not be allowed. Street or known address of property The proposed annexation includes ten tax parcels. The addresses are as follows; Owner Address Parcel Number Zahradnik, Evelyn 8911 172nd St. NE 31052400300800 Zahradnik, Evelyn 8905 172nd St. NE 31052400300700 Allen, Charlene Unknown 31052400300900 Allen, Charlene 8927 172nd St NE 31052400301000 Addendum to the application for the Star annexation to the City of Arlington, WA 1 of 3 Street or known address of property (cont.) Owner Address Parcel Number Tanis, Frank 17007 91st Ave NE 31052500103400 Lindell, Bill 1702791st Ave NE 31052500102200 Gray1 Washington LLC 9010 172nd St. NE 31052500200100 Equity Funding LLC 17020 91st Ave NE 31052500201800 Equity Funding LLC 16914 91st Ave NE 31052500201900 Equity Funding LLC 16828 91st Ave NE 31052500201600 Legal Description of Property – (source is Snohomish County Assessor’s profiles) 31052400300800 SEC 24 TWP 31 RGE 05 RT-14A-15A) W1/2 E1/2 SE1/4 SW1/4 EXC S1/2 E1/2 THOF SUBJ ESE PUD 31052400300700 SEC 24 TWP 31 RGE 05 RT-14 & 15) E1/2 E1/2 SE1/4 SW1/4 LESS S1/2 OF W1/2 THOF REFER TO 243105-3-007-0106 FOR MH ONLY 31052400300900 SEC 24 TWP 31 RGE 05 RT-15B) S1/2 W1/2 E1/2 E1/2 SE1/4 SW1/4 31052400301000 SEC 24 TWP 31 RGE 05 RT-15C S1/2 E1/2 W1/2 E1/2 SE1/4 SW1/4 EXC CO RD SUBJ ESE PUD IF ANY 31052500103400 SEC 24 TWP 31 RGE 05 RT-15B) S1/2 W1/2 E1/2 E1/2 SE1/4 SW1/4 31052500102200 SEC 25 TWP 31 RGE 05 S 69.5FT OF W 330FT OF FDT - N 264FT OF W 660FT OF NW1/4 NE1/4 EXC W 30FT FOR CO RD AKA PTN OF TR 1 OF SP307(7-77) AF NO 7709090208 31052500200100 Section 25 Township 31 Range 05 Quarter NW N1/2 N1/2 NE1/4 NW1/4 EXC PTN LY W OF SR 9 AS CONVYD TO ST OF WA REC AFN 790468 & 1206146 & ALSO EXC CO RDS ALG N & E SIDES & LESS RD R/W TO ST OF WA PER WD REC AFN 201105040323 31052500201800 Section 25 Township 31 Range 05 Quarter NW LOT 1 OF SNO CO PFN 00-100817 SP REC UND AFN 200012145001 BEING PTN NE1/4 NW1/4 SD SEC 25 LY ELY SR 9 EXC WLY PTN TO STATE OF WA FOR R/W PER WD REC UND AFN 201108190182 31052500201900 Section 25 Township 31 Range 05 Quarter NW LOT 2 OF SNO CO PFN 00-100817 SP REC UND AFN 200012145001 BEING PTN S1/2 NE1/4 NW1/4 SD SEC 25 LY ELY SR 9 EXC WLY PTN TO STATE OF WA FOR R/W PER WD REC UND AFN 201108190182 31052500201600 Section 25 Township 31 Range 05 Quarter NW S 300FT NE1/4 NW1/4 SD SEC 25 LY E SSH 9 AS EST BY AFN 1213644 EXC CO RD AKA LOT 2 OF SP NO ZA9004213SP REC UND AFN 9107190354 EXC WLY PTN TO STATE OF WA FOR R/W PER WD REC UND AFN 201108190182 Applicant’s legal description is attached from recent survey performed by Orca Land Surveying. Addendum to the application for the Star annexation to the City of Arlington, WA 2 of 3 Addendum to the application for the Star annexation to the City of Arlington, WA 3 of 3 Approximate acreage AND square footage of property Parcel Number Acreage Square Footage 31052400300800 7.5 326,7000 31052400300700 7.5 326,700 31052400300900 2.5 108,900 31052400301000 2.5 108,900 31052500103400 .48 20,909 31052500102200 1.0 43,560 31052500200100 7.2766 316,696 31052500201800 9.42 410,335 31052500201900 7.04 306,662 31052500201600 7.06 307,534 Existing zoning of property Parcel Number Zoning 31052400300800 LDMR 31052400300700 R-7200 31052400300900 R-7200 31052400301000 LDMR 31052500103400 R-7200 31052500102200 R-7200 31052500200100 PCB 31052500201800 LDMR 31052500201900 R-7200 31052500201600 R-7200 Existing comprehensive plan designation of property 31052400300800 UMDR 31052400300700 ULDR 31052400300900 ULDR 31052400301000 UMDR 31052500103400 ULDR 31052500102200 ULDR 31052500200100 UCOM 31052500201800 UMDR 31052500201900 ULDR 31052500201600 ULDR SR 531172nd St NE 172nd St NE Portage Creek Star Annexation± City of Arlington Date: File: Cartographer: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but notlimited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources whichmay contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend,and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of the data presented in the maps. Airpo rtOff rampsRail lineRest are aInterstateState Rou te sMajor R oad sPrimary Ro ad s StreetsparcelsCLIP selectionArlington_UGAENTITYCity LimitsUGA Scale:Star_Annex_8.5x11_092611.mxd 09/26/11 TH 1 inch = 477 fe et Legend City of Arlington Council Agenda Bill Item: NB #5 COUNCIL MEETING DATE: January 17, 2012 SUBJECT: Sapphire Final Short Plat – Dedications and Easements (PLN20110045) ATTACHMENTS: Final Plat Map received by the City on January 9, 2012 (2 pages) DEPARTMENT OF ORIGIN Community Development – Todd Hall, 360-403-3436 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The applicant requests final short plat approval for the development of a 5-lot single-family residential short plat. The existing single-family residence on the property has been demolished. The property is located at 3620 188th Street NE. The site is zoned Residential Moderate Density (RMD), and the minimum lot size is 7,200 square feet for a single-family residence. The decision for City Council is regarding the dedication of 12-feet of right-of-way along 188th Street NE. HISTORY: The final short plat application was received on November 28, 2011. The Sapphire Partners Preliminary Short Plat (Z-05-081-SP) for 5 lots received a zoning permit on February 9, 2006. The City Council reviewed the final short plat at the January 9, 2012 workshop. ALTERNATIVES No action. RECOMMENDED MOTION: I move to accept the dedication of rights-of-way, easements, sidewalks or other public facilities for the Sapphire Final Short Plat, as shown on the site plan received by the City on January 9, 2012, subject to minor changes in the descriptive language on the plat map. City of Arlington Council Agenda Bill Item: NB #6 COUNCIL MEETING DATE: January 17, 2012 SUBJECT: Donald Wright – Public Records Act settlement offer ATTACHMENTS: DEPARTMENT OF ORIGIN Legal - Contact Steve Peiffle EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Mr. Wright brought a Public Records Act lawsuit against the City, alleging that the City failed to timely respond to a public records request he had made in 2010. The request had to do with copies of police reports involved in his convictions for child rape in 2005-06. Redactions of the case reports were required to comply with state and federal laws. Mr. Wright originally offered to settle his case for $8,000 and has recently offered to settle the case for $500. HISTORY: Mr. Wright’s original case was dismissed by order of the Superior Court on 12/16/11. Mr. Wright has filed an “appeal” to the Court of Appeals of at least part of the dismissal. ALTERNATIVES RECOMMENDED MOTION: I move that the City reject Donald W. Wright’s offer to settle the Public Records Act lawsuit filed under Snohomish County Superior Court case #11-2-07068-7 and all related appeals by payment of $500.00, and authorize the City Attorney to defend the case through all necessary appeals.”