HomeMy WebLinkAbout01-23-2012_Council Workshop
Arlington City Council
January 23, 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
1. (10 min) Overview of City Website
2. (5 min) Public Art Donation Acceptance
3. (10 min) Request to Rescind Water Rate CPI Adjustment for 2012
4. (5 min) Snohomish County CPG Agreement (Utilities)
5. (5 min) Blue Marble Environmental Contract Amendment
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.
6. (5 min) Memorandum of Understanding Between Stilly Valley Little League and City of Arlington
7. (15 min) 4th Quarter 2011 & 2011 Year end financials
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
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.”
City of Arlington
Council Agenda Bill
Item:
DI #2
COUNCIL MEETING DATE:
January 23, 2012
SUBJECT:
Public Art Donation- Dave Tremko, 10 ft. wood eagle/bear sculpture
ATTACHMENTS:
Photos of wood eagle / bear sculpture
DEPARTMENT OF ORIGIN: Executive, Recreation
Recreation: Contact Sarah Lopez, 360-403-3448
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Dave Tremko (Studio Tremko, 315. West Ave) has applied to donate a 10 ft. wood
eagle/bear sculpture to the City of Arlington during the Eagle Festival. Value of
artwork is $2500. He is requesting the sculpture be placed in the east round-about on
Division Street. The Arts Council has agreed to pay for the concrete footing for the
piece. We would need city crews to excavate and install the sculpture.
HISTORY:
As part of the public art procedure, this piece has been reviewed and approved by the
Public Art Committee. The PARC commission has previewed the piece and will be
making their recommendation at the PARC meeting on Tuesday, January 24.
ALTERNATIVES
Deny donation request of this piece, or recommend alternate location.
RECOMMENDED MOTION:
No action. Council will be asked to accept the donation at the February 6, 2012 meeting.
City of Arlington
Council Agenda Bill
Item:
DI #3
COUNCIL WORKSHOP DATE:
January 23, 2012
SUBJECT:
Amend AMC 13.12 Deferring the scheduled 2012 CPI increase to the water rates
ATTACHMENTS:
Handout at Council Meeting
DEPARTMENT OF ORIGIN
Public Works - Utilities
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: Water 401
LEGAL REVIEW:
DESCRIPTION:
Amend Arlington Municipal Code (AMC) 13.12 allowing the City to differ implementation of
the 2012 mandatory Consumer Price Increase to the current 2011 water rates.
HISTORY:
AMC 13.12 040 states that the current water rates shall be increased annually by the October
reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-
Bremerton area. Given the costs saving realized by increased production from the City owned
wells and less purchased water from the Snohomish County PUD, the 2012 Water Utility
budget forecast does not necessitate the rates be increased by the CPI.
ALTERNATIVES
- Table for further discussion
- Do not renew contract.
RECOMMENDED MOTION:
No action, discussion only.
ORDINANCE 2012-XXX 1
CITY OF ARLINGTON
ORDINANCE NO. 2012-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
DEFERRING 2012 CPI INCREASES TO CITY WATER RATES AND CHARGES
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 continues to examine equitable rates for water and
sewer service; and
WHEREAS, the City’s water rate contains a CPI adjustment factor which the City
Council wishes to defer for 2012;
NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as
follows:
Section 1. The two prefatory subparagraphs of Arlington Municipal Code section 13.12.040
shall be and hereby are amended to read as follows:
13.12.040 Water rates and charges. State and city utility taxes are included in the
following rates and charges for water service. The water charges shall include a base charge by
meter size, and a consumption rate, as set forth below.
Beginning on January 15, 2011, the rates set forth for the year 2010 shall be increased
annually by the October reported percentage increase of the Consumer Price Index (CPI) for the
Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly used by
the city should it change; provided, however, that no CPI adjustment shall be made for the period
from January 15, 2012 to January 14, 2013; and provided further, however, that notwithstanding
any reduction in the CPI, rates shall not decrease.
Section 2. Arlington Municipal Code section 13.12.040(4)(B) shall be and hereby is amended
to read as follows:
(B) The usage rates set forth for temporary water service shall be increased annually
by the October reported percentage increase of the Consumer Price Index (CPI) for the
Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure commonly
used by the city should it change; provided, however, that notwithstanding any reduction
in the CPI, rates shall not decrease.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
Formatted: Left: 1", Right: 1", Top: 1",
Bottom: 1"
ORDINANCE 2012-XXX 2
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 4. Effective Date. The title of this ordinance, which summarizes the contents of this
ordinance, shall be published in the official newspaper of the City. The ordinance shall take
effect and be in full force five (5) days after the date of publication.
PASSED BY THE CITY COUNCIL 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:
DI #4
COUNCIL WORKSHOP DATE:
January 23, 2012
SUBJECT:
Snohomish County Coordinated Prevention Grant for Waste Reduction and Recycling FY 2012-
2013
ATTACHMENTS:
DRAFT Coordinated Prevention Grant Sub-recipient Agreement between Snohomish County and the
City of Arlington
DEPARTMENT OF ORIGIN
Public Works - Utilities
EXPENDITURES REQUESTED: $4,837 (over two year period 2012-2013)
BUDGET CATEGORY: Recycling Budget
LEGAL REVIEW:
DESCRIPTION:
Council is being requested to approve acceptance of the above noted grant originating from the
Department of Ecology and being administered by Snohomish County Solid Waste Division for
the amount of $19,347 ($14,510 State Share and $4,837 City Match) to continue to fund the City’s
refuse and recycling program for fiscal years 2012-2013.
HISTORY:
The City has been a recipient of the CPG Grant for several years. This grant has allowed the
City to provide information and outreach to Arlington’s citizens, business and schools about
improved waste management practices – all of which not only reduce waste tonnage sent to
landfills but reduces waste disposal costs.
The funding cycle is for a two year grant, years 2012-2013. This cycle the Department of
Ecology is funding Snohomish County as a whole and the City of Arlington will be a sub-
recipient of Snohomish County distributions based on population levels. Snohomish County
will be the administrator of our CPG Grant Funding for 2012-2013. The total amount of funds
for Arlington over the two year period is $19,347.
ALTERNATIVES
- Table for further discussion
- Do not renew contract.
RECOMMENDED MOTION:
No action, discussion only.
COORDINATED PREVENTION GRANT
SUBSUBRECIPIENT AGREEMENT
BETWEEN
SNOHOMISH COUNTY
AND
THE CITY OF ARLINGTON
THIS AGREEMENT is made and entered into by and between Snohomish County, a
political subdivision of the State of Washington, hereinafter referred to as the "COUNTY”, and the
city of Arlington, a Washington municipal corporation, hereinafter referred to as the
"SUBRECIPIENT" utilizing Coordinated Prevention Grant funds provided by the Department of
Ecology, hereinafter referred to as “ECOLOGY” .
In consideration of the mutual benefits and covenants contained herein, the parties
agree as follows:
JURISDICTION:
MAILING ADDRESS:
CITY, STATE, ZIP:
Snohomish County
3000 Rockefeller Ave.
Everett, WA 98201
COUNTY GRANT COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
Sego Jackson
425-388-6490
425-388-6490
sego.jackson@snoco.org
SUBRECIPENT GRANT OFFICER:
TELEPHONE:
FAX:
E-MAIL:
Kris Wallace
360-403-3538
360-435-7944
kwallace@arlingtonwa.gov
FUNDING SOURCE
MAXIMUM ELIGIBLE COST
STATE GRANT SHARE
LOCAL SHARE
STATE MAXIMUM GRANT PERCENT
FEDERAL TAX IDENTIFICATION NO.
Local Toxics Control Account
$ 19,347
$ 14,510
$ 4,837
75 %
91-6001401
EFFECTIVE DATE OF THE AGREEMENT January 1, 2012
EXPIRATION DATE OF THE AGREEMENT June 30, 2013
PART 1: SCOPE OF WORK
A. Task Description: The SUBRECIPIENT and a consultant to be contracted by the
SUBRECIPIENT, will provide waste reduction and recycling (WR&R) assistance and
information to businesses, multi-family properties, the Arlington School District, and at public
events & festivals. The SUBRECIPIENT will identify and target city businesses, multi-family
properties and schools that are not currently recycling. The outreach materials and
assistance will focus on increasing recycling efforts as well as preventing contamination in
the recycling and organics waste streams. The SUBRECIPIENT will develop, print and
distribute letters, flyers and newsletters to promote the WR&R program to this targeted
audience. The SUBRECIPIENT will approach 70 of the largest waste generating non-
recycling businesses and expects 18 businesses (25%) will increase or start new waste
reduction and/or recycling programs. WR&R outreach efforts may coincide with city
environmental efforts/programs such as water conservation, storm water management and
hazardous waste management. The SUBRECIPIENT will provide recycling outreach
assistance to multi-family properties including on-site assistance to the 25 largest and/or
non-recycling multi-family properties and expects 10 properties (40%) will start new
recycling programs, resulting in an estimated multi-family recycling participation increase
from 83% to 95-100%. The SUBRECIPIENT will continue providing WR&R assistance to
the Arlington School District. New and/or expanded recycling programs will occur in 4
schools. The SUBRECIPIENT will provide recycling coordination and support, including
design setup and temporary recycling containers at 5 City sponsored public events such as
the Arlington Fly-Inn, the Street Fair, spring/summer concerts in parks, and other public
venues. To support City WR&R activities, a limited supply of bins and bags may be
purchased.
B. Goal Statement: The goal of this task is to increase waste reduction and recycling programs
at businesses, multi-family properties, schools and at public events in the City of Arlington.
C. Outcome Statement: Over the 18-month grant period, the SUBRECIPIENT expects 18 new
business WR&R programs, 10 new multi-family recycling programs, 4 new and/or expanded
recycling programs in the Arlington School District, and 5 recycling programs designed and
setup at public events. As a result, approximately 75 tons of recyclable material will be
diverted from the waste stream.
D. Work Plan, Deliverables and Activities Timeline:
Quarter Activity
Q1 Identify target audience for business, multi-family and
schools sectors. Mail promotional WR&R information to
mf/business sectors. Meetings with school district and 4
schools.
Q2 Outreach to business & multi-family sectors and 4 schools.
Identify spring/summer public events & plan recycle needs.
Q3 Outreach to business & multi-family sectors. Recycling
support to summer public events.
Q4 On-going outreach & follow-up WR&R for business & multi-
family. Meetings with school district to assess WR&R
needs for new starting school year.
Q5 On-going outreach & follow-up WR&R for business & multi-
family. Follow-up assistance to school district/schools as
needed.
Q6 On-going outreach & follow-up WR&R for business & multi-
family. Setup for recycling needs at spring/summer public
events. Final reporting on all sectors.
E. Method of Evaluation: The SUBRECIPIENT will track and report quarterly on number of new
programs started or expanded, number of participants involved, and tonnage of recyclables
collected. The SUBRECIPIENT will also track the total number of outreach & follow-up
contacts/visits.
PART 2: BUDGET
TASK Maximum Eligible Cost
City of Arlington WR&R Outreach Assistance &
Education
$ 19,347
TOTAL MAXIMUM ELIGIBLE COST $ 19,347
STATE SHARE (75%) $ 14,510
LOCAL CASH MATCH (25%) $ 4,837
PART 3: BUDGET CONDITIONS
A. The COUNTY and ECOLOGY require the SUBRECIPIENT to provide a match of 25
percent of the maximum eligible cost with cash.
B. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time
spent on tasks outlined in this Agreement. Salaries and benefits to administer the grant
agreement are eligible (excluding time spent to write a grant application).
C. The SUBRECIPIENT must submit a written request to the COUNTY to amend budgets
between grant tasks, to modify a scope of work, or for a budget increase or decrease. To
increase or decrease the Agreement’s total maximum eligible cost or change the scope of
work for any tasks as outlined in this Agreement, the COUNTY requires a formal
amendment.
D. The SUBRECIPIENT must provide the COUNTY with an updated Spending Plan when
requested by the COUNTY.
E. Any work performed or costs incurred prior to the effective date or after the expiration date
of this Agreement will be at the sole expense of the SUBRECIPIENT.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING
1. Unless otherwise approved in writing by the COUNTY, the SUBRECIPIENT shall submit
a payment request to the COUNTY quarterly (by calendar year).
2. The SUBRECIPIENT must submit payment requests on approved State Invoice Voucher
forms: A19-1A, B1/B2, C1/C2. The SUBRECIPIENT must submit an A-19 signed in blue
ink by an authorized person. The B2 and C2 forms are acceptable in electronic format.
The SUBRECIPIENT must also include all backup documentation to support items listed
on Form C1/C2. The budget is organized by task and therefore, the SUBRECIPIENT
shall itemize costs by task on Form C1/C2 and Form B1/B2. Forms B1 and C1 are used
only when interlocal costs are used towards the 25% match.
3. Any income directly generated as a result of the activities funded by this grant shall be
reported as a credit against the expenses of that activity, as required by ECOLOGY’S
Administrative Requirements for SUBRECIPIENTs of ECOLOGY Grants and Loans,
ECOLOGY Publication #91-18.
B. REPORTING
1. The SUBRECIPIENT shall submit a progress report with each payment request quarterly
unless otherwise approved by the COUNTY. These reports shall include activities that
support incurred costs shown on the C1 or C2 of the payment request, and must be
submitted on-line through the Solid Waste Information Clearinghouse. The quarterly
report must be submitted before the COUNTY can process a payment request.
2. SUBRECIPIENT must submit a final report of task outcomes through the Solid Waste
Information Clearinghouse. The final report must be submitted before the COUNTY can
process a final payment request.
C. DOCUMENTATION
1. The SUBRECIPIENT shall submit supporting documents with each payment request.
This includes cancelled checks, invoices, purchase receipts, payroll records, time and
attendance records, contract award documents, and any document deemed relevant by
the COUNTY to establish the approval of an expense listed on Form C1/C2.
Documentation shall be clear and legible and organized by task in the order in which it is
itemized on Form C1/C2.
2. The SUBRECIPIENT shall maintain grant related material and supporting documents
including invoice vouchers sent to the COUNTY in a common file. The SUBRECIPIENT
shall keep all supporting documents for audit purposes for at least three years from the
date the Agreement is closed by the COUNTY.
3. The SUBRECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time
accounting document approved by the COUNTY, to record staff hours being charged to
the grant.
D. TRAINING
The SUBRECIPIENT agrees to participate in any ECOLOGY or COUNTY recommended
trainings related to managing a CPG agreement.
E. MINORITY AND WOMEN’S BUSINESS PARTICIPATION
The SUBRECIPIENT is encouraged to solicit and recruit, to the extent possible, certified
minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts
initiated after the effective date of this Agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
M/WBE participation is encouraged, however, and the SUBRECIPIENT and all prospective
bidders or persons submitting qualifications should take the following steps, when possible,
in any procurement initiated after the effective date of this Agreement:
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they
are potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) Use the services and assistance of the State Office of Minority and Women's
Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of
the U.S. Department of Commerce, as appropriate.
f) The SUBRECIPIENT should report payments made to qualified firms to the COUNTY
at the time of submitting each invoice. Please include the following information on
ECOLOGY provided form (Form D):
1) Name and state OMWBE certification number (if available) of any qualified
firm receiving funds under the invoice, including any sub-and/or sub-
subcontractors.
2) The total dollar amount paid to qualified firms under this invoice.
F. PROCUREMENT AND CONTRACTS
a) The SUBRECIPIENT shall provide written certification that it will follow its standard
procurement procedures and/or applicable state law in awarding contracts;
SUBRECIPIENTS with no formal procurement procedures must certify that they have
complied with the "Standards for Competitive Solicitation," found in Part V of the
Administrative Requirements for Recipients of Ecology Grants and Loans – Yellow
Book, ECOLOGY Publication #91-18 (Revised September 2005).
b) Upon issuance, the SUBRECIPIENT shall submit a copy of all requests for
qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to
this Agreement to the COUNTY’S grant officer.
c) Prior to contract execution, the SUBRECIPIENT shall submit all draft documents and
a copy of the draft proposed contract to the COUNTY’S grant officer for review.
Following the contract execution, the SUBRECIPIENT shall submit a copy of the final
contract to the COUNTY’s assigned grant officer.
d) Unless a specific purchase of equipment or real property is already written into the
grant agreement, the SUBRECIPIENT must submit a written request to the COUNTY
to purchase any equipment or real property (Property) with a single unit purchase
price of $5,000 or more. The request shall include the justification for the purchase of
the property, the total cost, the intended use, and the anticipated useful life of the
property. The request must be approved in writing by the COUNTY prior to the
purchase.
G. USE OF EXISTING CONTRACTS
The SUBRECIPIENT may use existing contracts that conform to adopted procurement
procedures and applicable state laws. The SUBRECIPIENT shall notify the COUNTY if
it used contracts entered into prior to the execution of this Agreement for performance of
grant-funded activities. The SUBRECIPIENT shall submit a copy of the contract to its
assigned the COUNTY grant officer. The grant eligibility of products or services secured
by the SUBRECIPIENT under existing contracts used to perform the scope of work in
this Agreement must be deemed allowable and reasonable by the COUNTY prior to cost
reimbursement.
H. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION
The SUBRECIPIENT must develop an inventory control system, including physical
inventory to document the ongoing use, a serial or vehicle identification number (VIN)
and location of the equipment. The inventory shall be submitted to the COUNTY
annually while the equipment is in use. The SUBRECIPIENT shall investigate,
document, and report to the COUNTY any loss, theft or damage upon discovery of such
conditions. The SUBRECIPIENT will follow manufacturer recommended maintenance
procedures to keep the property in good operating condition.
The SUBRECIPIENT shall submit a written request to the COUNTY for any intent to
change the use of the equipment as outlined in this Agreement, including uses past the
expiration date of this Agreement. Disposition of the equipment shall be determined by
the COUNTY and documented in writing. A copy of the determination will be provided to
the SUBRECIPIENT upon the COUNTY’s closure of this Agreement.
o If the equipment is necessary for the continued operation of the project or
other projects administered through the COUNTY, the grant officer may
instruct the SUBRECIPIENT to retain the equipment with no further
compensation to the COUNTY.
o If the project has no further significant use for the equipment, the grant
officer may instruct the SUBRECIPIENT to retain or sell the equipment
and pay the COUNTY an amount equal to the COUNTY’s share of the
current fair market value, sale proceeds or other price agreed upon by the
grant officer.
o The grant officer may instruct the SUBRECIPIENT to transfer title to the
COUNTY or to a third party named by the COUNTY who is eligible under
existing statutes.
I. ALL WRITINGS CONTAINED HEREIN
This Agreement, including the “General Terms and Conditions,” Program Guidelines –
Coordinated Prevention Grants 2012-2013, and ECOLOGY’S Administrative
Requirements for Recipients of Ecology Grants and Loans, ECOLOGY Publication #91-
18, contain the entire understanding between the parties, and there are no other
understandings or representations except as those set forth or incorporated by reference
herein. No subsequent modification(s) or amendment(s) of this Agreement shall be of
any force or effect unless in writing, signed by authorized representatives of the
SUBRECIPIENT and the COUNTY and made part of this Agreement.
J. ARCHEOLOGICAL AND CULTURAL RESOURCES
The SUBRECIPIENT shall take reasonable action to avoid, minimize, or mitigate
adverse effects to the archeological or cultural resources. SUBRECIPIENT shall
immediately cease work and notify the COUNTY if any archeological or cultural
resources are found while conducting work under this Agreement. In the event that
historical or cultural artifacts are discovered at the project site, the SUBRECIPIENT shall
also notify the state historic preservation officer at the Department of Archaeology and
Historic Preservation at (360) 586-3065. Applicability of the National Historic
Preservation Act (NHPA) may require the SUBRECIPIENT to obtain a permit pursuant to
Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact
historic properties (such as invasive sampling, dredging, or cleanup actions).
K. ENVIRONMENTALLY PREFERRABLE PURCHASING
In a joint effort to save costs, produce energy savings and prevent waste, the
SUBRECIPIENT agrees to use both sides of paper sheets for copying and printing. The
SUBRECIPIENT also agrees to purchase paper products with a high level of post
consumer recycled content whenever it is comparable in quality, availability and price.
PART 5: GENERAL TERMS AND CONDITIONS
A. SUBRECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
SUBRECIPIENT and SUBRECIPIENT's employees. The SUBRECIPIENT shall only use
contractor/consultant assistance if that has been included in the Agreement’s final scope of
work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The SUBRECIPIENT must ensure that all contractors comply with the terms and conditions
of this Agreement.
C. THIRD PARTY BENEFICIARY
The state of Washington is named as an express third-party beneficiary of this Agreement
with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State
law. The SUBRECIPIENT shall retain copies of all bids received and contracts awarded, for
inspection and use by the the COUNTY or ECOLOGY.
E. ASSIGNMENTS
No right or claim of the SUBRECIPIENT arising under this Agreement shall be transferred or
assigned by the SUBRECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The SUBRECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the SUBRECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the
project, provide assurance to the COUNTY that all approvals and permits have been
secured, and make copies available to the COUNTY upon request.
2. Discrimination. The COUNTY and the SUBRECIPIENT agree to be bound by all Federal
and State laws, regulations, and policies against discrimination. The SUBRECIPIENT
further agrees to affirmatively support the program of the Office of Minority and Women's
Business Enterprises to the maximum extent possible.
3. Wages and Job Safety. The SUBRECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect
wages and job safety.
4. Industrial Insurance. The SUBRECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the SUBRECIPIENT fails to comply with such
laws, the COUNTY shall have the right to immediately terminate this Agreement for
cause as provided in Section K.1, herein.
G. KICKBACKS
The SUBRECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he/she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The SUBRECIPIENT shall maintain complete program and financial records relating to
this Agreement. Such records shall clearly indicate total receipts and expenditures by
fund source and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and
inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this Agreement shall be maintained by the SUBRECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the COUNTY or by any
duly authorized audit representative of the State of Washington for a period of at least
three years after the final grant payment/loan repayment or any dispute resolution
hereunder. If any such audits identify discrepancies in the financial records, the
SUBRECIPIENT shall provide clarification and/or make adjustments accordingly.
3. All work performed under this Agreement and any equipment purchased, shall be made
available to the COUNTY and to any authorized state, federal or local representative for
inspection at any time during the course of this Agreement and for at least three years
following grant/loan termination or dispute resolution hereunder.
4. SUBRECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States,
Local Governments & Non Profit Organizations), including the compliance Supplement
to OMB Circular A-133, if the SUBRECIPIENT expends $500,000 or more in a year in
Federal funds. The $500,000 threshold for each year is a cumulative total of all federal
funding from all sources. The SUBRECIPIENT must forward a copy of the audit along
with the SUBRECIPIENT’S response and the final corrective action plan to the COUNTY
within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The SUBRECIPIENT shall submit progress reports to the COUNTY with each payment
request or such other schedule as set forth in the Special Conditions. The SUBRECIPIENT
shall also report in writing to the COUNTY any problems, delays or adverse conditions which
will materially affect its ability to meet project objectives or time schedules. This disclosure
shall be accompanied by a statement of the action taken or proposed and any assistance
needed from the COUNTY to resolve the situation. Payments may be withheld if required
progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June
30, July 1 through September 30, and October 1 through December 31. Reports shall be
due within twenty (20) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once quarter. Each request for
payment will be submitted by the SUBRECIPIENT on State voucher request forms
provided by ECOLOGY along with documentation of the expenses. Payments shall be
made for each task/phase of the project, or portion thereof, as set out in the Scope of
Work when completed by the SUBRECIPIENT and approved as satisfactory by the
COUNTY and ECOLOGY Project Officers.
The payment request form and supportive documents must itemize all allowable costs
by major elements as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Recipients of Ecology
Grants and Loans", part IV, published by ECOLOGY. A copy of this document shall be
furnished to the SUBRECIPIENT. When payment requests are approved by the
COUNTY and ECOLOGY, payments will be made to the mutually agreed upon
designee.
Payment requests shall be submitted to the COUNTY and directed to the Project Officer
assigned to administer this Agreement.
2. Period of Compensation. Payments shall only be made for actions of the
SUBRECIPIENT pursuant to the grant/loan agreement and performed after the effective
date and prior to the expiration date of this Agreement, unless those dates are
specifically modified in writing as provided herein.
3. Final Request(s) for Payment. The SUBRECIPIENT should submit final requests for
compensation within thirty (30) days after the expiration date of this Agreement and
within ten (10) days after the end of a fiscal biennium. Failure to comply may result in
delayed reimbursement.
4. Performance Guarantee. The COUNTY may withhold an amount not to exceed ten
percent (10%) of each reimbursement payment as security for the SUBRECIPIENT's
performance. Monies withheld by the COUNTY may be paid to the SUBRECIPIENT
when the project(s) described herein, or a portion thereof, have been completed if, in the
COUNTY's sole discretion, such payment is reasonable and approved according to this
Agreement and, as appropriate, upon completion of an audit as specified under section
J.6 herein.
5. Unauthorized Expenditures. All payments to the SUBRECIPIENT may be subject to
final audit by the COUNTY or ECOLOGY and any unauthorized expenditure(s) charged
to this grant/loan shall be refunded to the COUNTY by the SUBRECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
SUBRECIPIENT or other public entities, it shall not exceed the amount allowed under
state law for state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work herein.
K. TERMINATION
1. For Cause. The obligation of the COUNTY to the SUBRECIPIENT is contingent upon
satisfactory performance by the SUBRECIPIENT of all of its obligations under this
Agreement. In the event the SUBRECIPIENT unjustifiably fails, in the opinion of the
COUNTY, to perform any obligation required of it by this Agreement, the COUNTY may
refuse to pay any further funds thereunder and/or terminate this Agreement by giving
written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data
studies, surveys, drawings, maps, models, photographs, and reports or other materials
prepared by the SUBRECIPIENT under this Agreement, at the option of the COUNTY,
shall become COUNTY property and the SUBRECIPIENT shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such documents
and other materials.
Despite the above, the SUBRECIPIENT shall not be relieved of any liability to the
COUNTY for damages sustained by the COUNTY and/or the State of Washington
because of any breach of agreement by the SUBRECIPIENT. The COUNTY may
withhold payments for the purpose of setoff until such time as the exact amount of
damages due the COUNTY from the SUBRECIPIENT is determined.
2. Insufficient Funds. The obligation of the COUNTY to make payments is contingent on
the availability of state and federal funds through legislative appropriation and state
allotment. When this Agreement crosses over state or COUNTY fiscal years, the
obligation of the COUNTY is contingent upon the appropriation of funds during the next
fiscal year. The failure to appropriate or allot such funds shall be good cause to
terminate this Agreement as provided in paragraph K.1 above.
When this Agreement crosses the SUBRECIPIENT's fiscal year, the obligation of the
SUBRECIPIENT to continue or complete the project described herein shall be
contingent upon appropriation of funds by the SUBRECIPIENT's governing body;
provided, however, that nothing contained herein shall preclude the COUNTY from
demanding repayment of ALL funds paid to the SUBRECIPIENT in accordance with
Section O herein.
3. Failure to Commence Work. In the event the SUBRECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this
Agreement, or by any date mutually agreed upon in writing for commencement of work,
the COUNTY reserves the right to terminate this Agreement.
L. WAIVER
Waiver of any SUBRECIPIENT default is not a waiver of any subsequent default. Waiver of
a breach of any provision of this Agreement is not a waiver of any subsequent breach and
will not be construed as a modification of the terms of this Agreement unless stated as such
in writing by the authorized representative of the COUNTY.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the SUBRECIPIENT creates any copyrightable materials
or invents any patentable property, the SUBRECIPIENT may copyright or patent the
same but the COUNTY and ECOLOGY retain a royalty-free, nonexclusive and
irrevocable licenses to reproduce, publish, recover or otherwise use the material(s) or
property and to authorize others to use the same for federal, state or local government
purposes.
2. Publications. When the SUBRECIPIENT or persons employed by the SUBRECIPIENT
use or publish information of the COUNTY or ECOLOGY; present papers, lectures, or
seminars involving information supplied by the COUNTY or ECOLOGY; use logos,
reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc.,
appropriate credit shall be given to the COUNTY or ECOLOGY.
3. Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements
for Recipients of Ecology Grants and Loans", Part V, shall control the use and
disposition of all real and personal property purchased wholly or in part with funds
furnished by the COUNTY in the absence of state, federal statute(s), regulation(s), or
policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of
Work.
4. Personal Property Furnished by the COUNTY. When the COUNTY provides personal
property directly to the SUBRECIPIENT for use in performance of the project, it shall be
returned to the COUNTY prior to final payment by the COUNTY. If said property is lost,
stolen or damaged while in the SUBRECIPIENT's possession, the COUNTY shall be
reimbursed in cash or by setoff by the SUBRECIPIENT for the fair market value of such
property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
Agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this Agreement, the SUBRECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The SUBRECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this Agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or
claim which would impair the uses contemplated by this Agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
SUBRECIPIENT shall not at any time convert any equipment, property or facility
acquired or developed pursuant to this Agreement to uses other than those for which
assistance was originally approved without prior written approval of the COUNTY. Such
approval may be conditioned upon payment to the COUNTY of that portion of the
proceeds of the sale, lease or other conversion or encumbrance which monies granted
pursuant to this Agreement bear to the total acquisition, purchase or construction costs
of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington’s natural resources and ecosystems, the SUBRECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices
include use of clean energy, and purchase and use of sustainably produced products (e.g.
recycled paper). For more information, see www.ecy.wa.gov/sustainability.
O. RECOVERY OF PAYMENTS TO SUBRECIPIENT
The right of the SUBRECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this Agreement including the satisfactory
completion of the project described in the Scope of Work. In the event the SUBRECIPIENT
fails, for any reason, to perform obligations required of it by this Agreement, the
SUBRECIPIENT may, at the COUNTY's sole discretion, be required to repay to the
COUNTY all grant/loan funds disbursed to the SUBRECIPIENT for those parts of the project
that are rendered worthless in the opinion of the COUNTY by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per year from the time the COUNTY
demands repayment of funds. If payments have been discontinued by the COUNTY due to
insufficient funds as in Section K.2 above, the SUBRECIPIENT shall not be obligated to
repay monies which had been paid to the SUBRECIPIENT prior to such termination. Any
property acquired under this Agreement, at the option of the COUNTY, may become the
COUNTY'S property and the SUBRECIPIENT'S liability to repay monies shall be reduced by
an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this Agreement by
the SUBRECIPIENT shall be subject to the review and approval of the COUNTY through the
Project Officer or other designated official to whom the SUBRECIPIENT shall report and be
responsible. In the event there is a dispute with regard to the extent and character of the
work to be done, the determination of the Project Officer or other designated official as to
the extent and character of the work to be done shall govern. The SUBRECIPIENT shall
have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning a question of fact
arising under this Agreement which is not disposed of in writing shall be decided by the
Project Officer or other designated official who shall provide a written statement of decision
to the SUBRECIPIENT. The decision of the Project Officer or other designated official shall
be final and conclusive unless, within thirty days from the date of receipt of such statement,
the SUBRECIPIENT mails or otherwise furnishes to the Director of the COUNTY’S Solid
Waste Division, Department of Public Works, a written appeal.
In connection with appeal of any proceeding under this clause, the SUBRECIPIENT shall
have the opportunity to be heard and to offer evidence in support of this appeal. The
decision of the Director or duly authorized representative for the determination of such
appeals shall be final and conclusive. Appeals from the Director's determination shall be
brought in the Superior Court of Snohomish County. Pending final decision of a dispute
hereunder, the SUBRECIPIENT shall proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this Agreement who exercises any
function or responsibility in the review, approval, or carrying out of this Agreement, shall
participate in any decision which affects his/her personal interest or the interest of any
corporation, partnership or association in which he/she is, directly or indirectly interested;
nor shall he/she have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
S. INDEMNIFICATION
1. The COUNTY shall in no way be held responsible for payment of salaries, consultant's
fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or
all injuries to persons or property arising from the negligent act or omission of that party
or that party's agents or employees arising out of this Agreement.
T. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of this
Agreement which can be given effect without the invalid provision, and to this end the
provisions of this Agreement are declared to be severable.
PART 6: DEPARTMENT OF ECOLOGY/SNOHOMISH COUNTY GRANT
Exhibit A, Grant No. G1200_______, is attached hereto and incorporated into this Agreement
herein. The SUBRECIPENT shall comply with all provisions of Exhibit A as applicable to the tasks
to be performed by the SUBRECIPENT described herein, except as revised by this Agreement.
PART 7: ORDER OF PRECEDENCE
In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein,
the inconsistency shall be resolved by giving precedence in the following order:
1. The Terms and Conditions contained in this Agreement;
2. Exhibit A, Grant No. G1200_______;
3. Any other provisions of the Agreement, whether incorporated by reference or otherwise.
PART 8: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the parties hereto.
The parties signing below warrant that they have read and understand this Agreement and have
the authority to enter into this Agreement.
Snohomish County City of Arlington
Mathew Zybas, Director Date ______________________, Date
Solid Waste Division [Title]
APPROVED AS TO FORM: APPROVED AS TO FORM:
Civil Deputy Prosecuting Attorney Date City Attorney Date
Exhibit A – Grant No. G1200_______
City of Arlington
Council Agenda Bill
Item:
DI #5
COUNCIL WORKSHOP DATE:
January 23, 2012
SUBJECT:
Amendment to existing contract with Blue Marble Environmental for continuing support of the
City refuse and recycling program through 2012-2013
• ATTACHMENTS:
Contract Amendment #3 to Professional Services Agreement
DEPARTMENT OF ORIGIN
Public Works - Utilities
EXPENDITURES REQUESTED: $4,837
BUDGET CATEGORY: 2012-2013 Recycling Budget
LEGAL REVIEW:
DESCRIPTION:
Staff is requesting Council approve an amendment to the existing Blue Marble Environmental
contract to provide refuse and recycling services through 2012-2013 in accordance with the
program details contained in the current Coordinated Prevention Grant (CPG).
HISTORY:
The City has applied for and received a Department of Ecology CPG grant for several years for
coordinated refuse and recycling outreach and education efforts. The City has a contract with
Blue Marble Environmental to provide technical assistance with completing the CPG grant
funded recycling program, this assistance includes education and outreach efforts for
commercial recycling, multi-family recycling, and working with the school district. This
amendment to the existing contract will authorize those services for the 2012-2013 CPG grant
term.
ALTERNATIVES
- Table for further discussion
- Do not renew contract
RECOMMENDED MOTION:
No action, discussion only.
01/19/12 10:00 AM \\arlington\city\PW_Admin\Meetings\Council Meetings\2012\2012-01-23 (Mtg & Workshop)\DRAFT Blue Marble Contract Amend 4 (1-05-11).doc
Contract Amendment No. 4
to
Professional Services Agreement
Between Blue Marble Environmental, LLC and City of Arlington
for
City of Arlington Waste Prevention Recycling Program
In accordance with our Professional Services Agreement between the City of Arlington and Blue
Marble Environmental, LLC dated January 3, 2006, this is an authorization to revise and amend the
original contract as described below effective this _____ day of ___________, 2012. The work will be
performed and invoiced in accordance with the terms and conditions listed in the Original Agreement.
It is mutually agreed that the above referenced agreement is amended as follows:
AMENDMENT
Section 1.1: Contractor shall perform services in accordance with the “Coordinated Prevention
Grant SubSubRecipient Agreement between Snohomish County and The City of Arlington”, which
is included with this amendment as Attachment A, and considered the revised Scope of Work for
the City of Arlington 2012-2013 Waste Prevention and Recycling Program.
Section 2.1: City shall pay Contractor an hourly rate of $80.00, plus verified expenses, for a total
authorized amount not to exceed $19,347.00.
Section 4.3: Contractor’s work authorized by this amendment shall be performed in accordance
with the Coordinated Prevention Grant that the City received from the Department of Ecology for
years 2012-2013, being administered by Snohomish County for a total eligible cost of $19,347.00
with State Grant Share of $14,510 (75%) and City of Arlington share of $4,837 (25% match).
Section 6.1: The Public Works Director’s Designee shall be Kris Wallace, Public Works Staff
Accountant.
EXECUTION
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above
written. Except as modified herein, the contract between the parties dated January 3, 2006 shall remain in full
force and effect.
Blue Marble Environmental, LLC.
City of Arlington
Signature: Signature:
Title: Title:
Date: Date:
City of Arlington
Council Agenda Bill
Item:
DI #6
COUNCIL WORKSHOP DATE:
January 23, 2012
SUBJECT:
Memorandum of Understanding (MOU) between the Stillaguamish Valley Little League and
the City of Arlington
ATTACHMENTS:
Draft MOU between the Stillaguamish Valley Little League and City of Arlington
DEPARTMENT OF ORIGIN
Public Works – M&O
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: None
LEGAL REVIEW:
DESCRIPTION:
Memorandum of Understanding (MOU) between the Stillaguamish Valley Little League and
the City of Arlington regarding ball field maintenance requirements and ball field use fees.
HISTORY:
The Stillaguamish Valley Little League (SVLL) and the City have established a positive working
partnership over the past years and have jointly worked to develop the Arlington ball fields
into a premier facility that it is today. In light of the current economic times and current City
budget constraints, the SVLL and the City wish to continue this positive working partnership
and also provide mutual assistance to each other. The SVLL and the City have drafted a
Memorandum of Understanding (MOU) outlining field maintenance activities that the SVLL
will undertake in exchange for maintaining the ball field use fees at the 2011 level.
ALTERNATIVES
- Table for further discussion
- Do not renew contract.
RECOMMENDED MOTION:
No action, discussion only.
Memorandum of Understanding
The parties hereto are the Stillaguamish Valley Little League, a nonprofit corporation of
the State of Washington (hereinafter referred to as “SVLL”) and the City of Arlington,
Washington (hereinafter referred to as “City”)
Whereas the SVLL and the CITY have established a positive working partnership and
have jointly developed the Arlington ball fields into a premier facility that it is today, and
Whereas the Arlington ball fields are used by both the young ball players from the City of
Arlington and by young ball players Northwest Region, and
Whereas the SVLL and the CITY wish to continue this positive working partnership and
not let the City’s current budget constraints deter the ability to make improvements to these
fields and bring tournaments to the City, and not place an undue hardship on the SVLL programs
and its participants ; therefore these two agencies hereby agree as follows:
Mutual Covenants
1. Responsibilities of SVLL
a. SVLL agrees to comply with adopted City Athletic Field Scheduling Policies and
Procedures, and all rules and requirements of City ordinances and resolutions,
including, but not limited to payment of fees and provision of participant waivers,
except as otherwise provided in this agreement.
b. SVLL shall coordinate, in cooperation with the CITY, the following volunteer
work during the schedule year for the SVLL :
i. Mowing of fields 2-3 times per week during the hours of 8AM to 3PM,
Monday through Friday, subject to supervision by City Staff.
ii. Daily grooming of field and as SVLL needs require
iii. Striping/chalking of the fields as needed for SVLL use, including the cost
of the striping/chalking materials
iv. Weeding along fence line as needed
v. Maintenance of dugouts
vi. All volunteers shall be a minimum of 18 years of age and must go through
a training session with City Staff prior to use of City Equipment.
c. SVLL shall make payment to the CITY for the following:
i. Electric Bills for the cost of Field Lighting
ii. Concession Stand Fees
iii. League and Tournament Fees based on a 2011 field use rates
d. SVLL shall provide Insurance Coverage that covers their Volunteers while using
City Equipment to maintain fields and fully indemnifies and protecting the CITY.
e. SVLL shall continue to partner with the CITY for installation of significant field
Amenities such as Score Boards, signage and fencing.
2. Responsibilities of CITY
a. CITY will provide training to appropriate SVLL volunteers for the operation of
all CITY owned equipment that will be used to maintain the ball fields, including
but not limited to:
i. Kubota zero turn riding lawn mower
ii. Weed eaters
iii. Field Groomer
iv. Field Striper – wheel striper
b. CITY will clean restrooms and maintain all amenities of the park outside the
Baseball field areas
c. CITY will maintain and keep in working order all elements of the irrigation
systems.
d. CITY shall continue to partner with the SVLL for installation of significant field
Amenities such as Score Boards, signage and fencing.
e. CITY shall maintain the league and tournament fees at the 2011 rates for all uses
by the SVLL for the Calendar year 2012. This reduction is predicated on the
volunteerism of the SVLL to complete field maintenance duties as outlined above
which will enable the CITY to focus existing CITY staff on other areas of
responsibility for the City of Arlington Parks system and generally reduce staffing
costs to the City.
CITY: STILLAGUAMISH VALLEY
CITY OF ARLINGTON LITTLE LEAGUE
_________________________ _________________________
Barbara Tolbert Mike Levitt
Mayor SVLL President
General Fund Revenue Charts
Property Taxes
2008 2009 2010 2011
Jan 2,065$ 9,953$ 10,730$ 43,863$
Feb 16,522 6,463 4,965 6,939
March 31,263 47,312 50,930 36,300
April 62,724 89,039 180,793 121,892
May 866,220 1,006,203 874,964 1,021,034
June (28,443) (15,120) 56,580 24,760
July 6,881 14,530 12,989 8,241
Aug 5,477 7,679 (68,052) 9,543
Sept 11,808 44,029 18,000 37,485
Oct 73,330 79,762 94,000 318,247
Nov 818,761 894,923 878,989 743,089
Dec 22,633 8,876 50,453 17,201
1,889,242 2,193,649 2,165,341 2,388,594
2011 Budget 2,354,000
101.47%
Retail Sales Taxes - 1%
2008 2009 2010 2011
Jan 271,640$ 221,227$ 226,180$ 231,246$
Feb 356,148 280,181 271,533 327,957
March 268,175 224,708 200,501 198,195
April 274,578 206,233 240,071 236,714
May 317,981 240,634 258,531 276,830
June 281,195 236,531 252,005 244,488
July 311,099 251,301 252,678 250,540
August 325,121 302,202 284,617 277,164
Sept 290,051 287,843 256,168 250,027
October 258,291 241,080 250,811 247,503
Nov 293,780 276,283 270,709 250,547
Dec 248,057 237,530 211,020 242,434
3,496,116 3,005,753 2,974,824 3,033,645
2011 Budget 3,500,000
86.68%
Criminal Justice Sales Tax - Snoh. Co - 0.1%
2008 2009 2010 2011
Jan 20,604$ 17,595$ 17,577$ 18,911$
Feb 28,899 23,312 23,396 23,935
March 18,577 16,671 15,746 16,203
April 18,891 16,111 16,622 15,930
May 22,927 18,775 18,464 18,149
June 19,611 16,809 16,923 19,007
July 20,296 17,565 17,595 18,988
Aug 22,768 20,156 20,382 20,627
Sept 20,611 18,447 19,363 19,160
Oct 20,663 18,646 18,608 19,420
Nov 21,947 19,417 20,368 20,147
Dec 19,304 17,356 18,100 18,477
255,099 220,861 223,144 228,954
2011 Budget 260,000
88.06%
$2,700,000
$2,800,000
$2,900,000
$3,000,000
$3,100,000
$3,200,000
$3,300,000
$3,400,000
$3,500,000
2008 2009 2010 2011
Retail Sales Taxes
$200,000
$210,000
$220,000
$230,000
$240,000
$250,000
$260,000
2008 2009 2010 2011
Crim. Justice Sales Tax
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
2008 2009 2010 2011
Property Taxes
Streamlined Sales Tax Mitigation Payments
2008 2009 2010 2011
Jan -$ -$ -$ -$
Feb - - - -
March - 32,850 29,743 25,024
April - - - -
May - - - -
June - 14,024 29,860 25,161
July - - - -
Aug - - - -
Sept - 23,290 29,672 25,321
Oct - - - -
Nov - - - -
Dec 46,329 29,911 25,000 25,266
46,329 100,074 114,275 100,771
2011 Budget 120,000
83.98%
Utility Tax - Water
2008 2009 2010 2011
Jan 11,792$ 12,919$ 13,013$ 15,779$
Feb 11,863 10,737 13,288 15,103
March 11,773 14,718 15,760 16,090
April 13,015 12,023 15,815 16,578
May 12,045 13,328 18,173 15,477
June 11,410 12,398 19,322 15,690
July 15,058 13,207 18,713 15,706
Aug 14,794 15,319 19,145 16,400
Sept 13,006 16,481 18,250 18,282
Oct 15,154 16,890 15,748 19,126
Nov 13,470 18,323 16,826 15,220
Dec 12,919 16,399 16,765 14,819
156,299 172,744 200,818 194,270
2011 Budget 215,000 Tax is currently at 5%.
90.36%
Utility Tax - Sewer
2008 2009 2010 2011
Jan 12,708$ 15,610$ 15,073$ 18,513$
Feb 14,944 10,737 15,058 17,132
March 12,642 17,565 17,034 20,022
April 15,185 13,377 18,369 18,484
May 13,278 16,063 19,702 20,239
June 13,756 13,970 23,506 18,908
July 15,212 16,063 18,734 19,883
Aug 16,220 15,480 17,617 19,567
Sept 15,538 16,445 18,174 19,744
Oct 15,467 14,719 16,143 21,101
Nov 13,055 16,854 18,069 18,874
Dec 15,610 15,368 18,097 20,577
173,617 182,252 215,576 233,044
2011 Budget 225,000 Tax is currently at 5%.
103.58%
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
2008 2009 2010 2011
Streamlined Sales Tax
$0
$50,000
$100,000
$150,000
$200,000
$250,000
2008 2009 2010 2011
Utility Tax - Water
$0
$50,000
$100,000
$150,000
$200,000
$250,000
2008 2009 2010 2011
Utility Tax - Sewer
Utility Tax - Natural Gas
2008 2009 2010 2011
Jan 84,677$ 76,095$ -$ 36,179$
Feb - - 78,413 41,081
March - - - 30,449
April 111,768 154,007 94,519 39,426
May 5,289 - - 25,634
June 6,260 - - 23,779
July 73,721 67,871 - 13,874
Aug 5,430 - 62,496 9,629
Sept 3,700 - - 8,946
Oct 27,851 17,739 31,198 8,717
Nov - 8,348 12,042 12,464
Dec - - 21,772 22,809
318,696 324,061 300,440 272,987
2011 Budget 320,000 Tax currently at 6%. Highest allowed without a
85.31%public vote.
Utility Tax - Cable TV
2008 2009 2010 2011
Jan 41,789$ -$ 57,070$ 19,754
Feb - 54,091 - 20,393
March - - - 20,296
April 42,778 - - 19,945
May - 53,136 56,981 20,130
June - - - 19,714
July 51,202 53,857 59,413 19,761
Aug - - - 20,146
Sept - - - 19,641
Oct 52,392 55,308 59,514 19,687
Nov - - 20,979 20,862
Dec - - 20,345 20,360
188,160 216,392 274,302 240,689
2011 Budget 220,000 Tax currently at 6%.
109.40%
Utility Tax - Telephone
2008 2009 2010 2011
Jan 95,152$ 88,965$ 86,694$ 49,514$
Feb 46,408 37,525 30,381 47,162
March 51,524 35,359 39,877 47,001
April 93,367 86,993 88,806 49,593
May 45,557 36,626 38,157 48,868
June 40,653 36,283 39,605 47,980
July 86,661 85,034 84,164 49,151
Aug 47,545 38,005 29,395 47,501
Sept 37,072 36,847 30,590 48,418
Oct 85,747 84,934 91,407 48,145
Nov 38,811 37,066 49,004 46,999
Dec 37,031 35,740 51,966 47,294
705,529 639,376 660,046 577,626
2011 Budget 640,000 Tax currently at 6%. Highest allowed without a
90.25%public vote.
$240,000
$250,000
$260,000
$270,000
$280,000
$290,000
$300,000
$310,000
$320,000
$330,000
2008 2009 2010 2011
Utility Tax - Nat. Gas
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
2008 2009 2010 2011
Utility Tax - Cable TV
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
2008 2009 2010 2011
Utility Tax - Telephone
Utility Tax - Electricity
2008 2009 2010 2011
Jan 68,584$ 85,254$ 89,193$ 85,675$
Feb 42,022 45,564 47,266 45,924
March 74,167 88,361 84,004 85,151
April 39,848 46,327 49,177 52,943
May 76,806 74,454 73,938 78,401
June 37,999 35,509 38,623 42,306
July 66,617 63,927 62,864 66,532
Aug 35,593 32,027 35,312 33,892
Sept 62,350 61,434 61,005 66,854
Oct 31,897 33,812 34,659 30,989
Nov 69,761 68,237 68,018 70,805
Dec 33,238 33,372 44,113 39,772
638,882 668,279 688,172 699,244
2011 Budget 680,000 Tax is currently at 5%.
102.83%
Utility Tax - Solid Waste (Garbage)
2008 2009 2010 2011
Jan 8,198$ 8,266$ 9,204$ 10,912$
Feb 8,594 8,165 8,907 10,495
March 9,084 8,696 9,912 10,794
April 9,532 9,914 9,901 10,148
May 9,604 10,282 10,132 10,848
June 9,353 9,786 10,013 10,104
July 9,613 10,497 10,452 10,781
Aug 9,169 10,088 9,906 9,984
Sept 9,447 10,936 10,477 10,419
Oct 9,346 9,556 9,959 10,586
Nov 9,678 9,912 10,754 11,150
Dec 8,722 9,929 10,178 10,479
110,340 116,028 119,795 126,700
2011 Budget 125,000 Tax is currently at 5%.
101.36%
Gambling Taxes
2008 2009 2010 2011
Jan 6,096$ 1,665$ 2,141$ 9,892$
Feb - 38,202 26,034 4,270
March - - - 12,809
April 5,597 4,988 5,619 7,503
May - 43,661 22,153 5,894
June - - - 8,238
July 3,760 2,020 2,081 8,521
Aug - 49,602 26,093 7,435
Sept - - 1,580 6,790
Oct 2,435 1,787 22,631 7,403
Nov 7,559 39,154 9,846 7,689
Dec - - 9,517 8,479
25,447 181,077 127,695 94,923
2011 Budget 110,000 Tax was reduced on card games in 2010.
86.29%Will increase 1% in 2012.
$600,000
$620,000
$640,000
$660,000
$680,000
$700,000
2008 2009 2010 2011
Utility Tax - Electricity
$100,000
$105,000
$110,000
$115,000
$120,000
$125,000
$130,000
2008 2009 2010 2011
Utility Tax - Garbage
$0
$50,000
$100,000
$150,000
$200,000
2008 2009 2010 2011
Gambling Taxes
Cable Franchise Fees
2008 2009 2010 2011
Jan -$ 704$ 45,192$ 51,054$
Feb - - - -
March - - - -
April - 1,205 411 50,673
May - - 44,678 -
June - 11,900 - -
July - 14,364 48,158 50,190
Aug - - - -
Sept - - - -
Oct - 44,951 50,810 50,403
Nov - - - -
Dec - - - -
- 73,124 189,249 202,320
2011 Budget 200,000 Franchise tax rate is 5%.
101.16%
Building Permits
2008 2009 2010 2011
Jan 15,461$ 21,462$ 82,320$ 9,672$
Feb 45,893 21,621 1,380 5,597
March 35,278 34,857 12,071 52,830
April 4,790 9,617 5,181 8,303
May 20,828 3,742 1,206 5,445
June 18,487 7,216 4,784 4,461
July 41,661 12,029 7,256 15,101
Aug 11,464 9,805 6,351 14,043
Sept 18,356 7,988 2,072 16,703
Oct 32,983 3,603 10,989 50,782
Nov 5,845 6,569 10,118 56,511
Dec 54,010 9,594 8,687 15,540
305,055 148,103 152,415 254,988
2011 Budget 180,000
141.66%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
2008 2009 2010 2011
Building Permits
$0
$50,000
$100,000
$150,000
$200,000
$250,000
2008 2009 2010 2011
Cable Franchise Fees
GENERAL FUND OPERATING STATEMENT
THROUGH DECEMBER 2011
YTD % OF YTD TOTAL % OF
2011 2011 ANNUAL 2010 2010 TOTAL
ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL
REVENUE SOURCES
TAXES:
-PROPERTY 2,388,594$ 2,354,000$ 101.47%2,165,341$ 2,165,341$ 100.00%
-SALES - 1% City 3,033,645 3,500,000 86.68%2,974,824 2,974,824 100.00%
-SALES - 0.1% SnoCo Crim Just.228,954 260,000 88.06%223,144 223,144 100.00%
-UTILITY 2,390,609 2,445,000 97.78%2,468,676 2,468,676 100.00%
-LEASEHOLD EXCISE 94,239 - 0.00%- - 0.00%
-GAMBLING 94,923 110,000 86.29%127,695 127,695 100.00%
LICENSES & PERMITS 534,711 519,000 103.03%399,981 399,981 100.00%
INTERGOV REVENUE 810,683 725,800 111.70%1,505,381 1,505,381 100.00%
CHARGES FOR SERVICES 2,732,811 2,461,825 111.01%1,761,327 1,761,327 100.00%
FINES & FORFEITURES 266,759 336,000 79.39%326,256 326,256 100.00%
MISC REVENUE 41,883 27,950 149.85%35,067 35,067 100.00%
OTHER FIN SOURCES 406,673 265,100 153.40%4,043,353 4,043,353 100.00%
NON-REVENUES 187,810 119,900 156.64%255,083 255,083 100.00%
TOTAL REVENUES 13,212,294 13,124,575 100.67%16,286,128 16,286,128 100.00%
BEGINNING CASH BALANCE 198,573 1,016,700 199,797 199,797
TOTAL SOURCES 13,410,867 14,141,275 16,485,925 16,485,925
EXPENDITURES
LEGISLATIVE 198,536 198,845 99.84%226,200 226,200 100.00%
EXECUTIVE 1,031,707 1,039,550 99.25%965,412 965,412 100.00%
FINANCE 756,294 753,405 100.38%785,925 785,925 100.00%
LEGAL 89,822 45,000 199.60%71,903 71,903 100.00%
INFORMATION TECHNOLOGY 307,510 313,070 98.22%305,767 305,767 100.00%
MISC - DUES & ASSESSMENTS 248,740 285,495 87.13%81,254 81,254 100.00%
LAW ENFORCEMENT 4,650,869 4,790,955 97.08%4,831,077 4,831,077 100.00%
FIRE CONTROL 2,328,489 2,384,175 97.66%2,343,854 2,343,854 100.00%
ENGINEERING 501,959 526,720 95.30%- - 0.00%
RECYCLING 10,270 24,900 41.24%- - 0.00%
COMMUNITY DEVEL 852,779 944,620 90.28%829,361 829,361 100.00%
LIBRARY SERVICES 36,970 39,625 93.30%40,269 40,269 100.00%
PARKS & RECREATION 141,366 150,060 94.21%153,826 153,826 100.00%
NON-EXPENDITURES 211,087 260,300 81.09%267,288 267,288 100.00%
DEBT SERVICE 811,425 598,020 135.69%4,059,123 4,059,123 100.00%
INTERFUND TRANSACTIONS 1,232,967 1,499,485 82.23%1,326,093 1,326,093 100.00%
TOTAL EXPENSES 13,410,790 13,854,225 96.80%16,287,352 16,287,352 100.00%
ENDING FUND BALANCE 287,050 198,573
TOTAL EXPEND & FUND BALANCE 14,141,275$ 16,485,925$
AVAILABLE CASH BALANCE 77$ 198,573$
GENERAL FUND OPERATING STATEMENT
DECEMBER
CURRENT CURRENT
MONTH MONTH 2010
2011 2010 BUDGET
REVENUE SOURCES
TAXES:
-PROPERTY 17,201$ (49,749)$ 1,900,452$
-SALES - 1% City 242,434 211,019 3,049,381
-SALES - 0.1% SnoCo Crim Just.18,477 18,099 255,000
-UTILITY 180,508 185,945 2,142,751
-LEASEHOLD EXCISE 21,470 - -
-GAMBLING 8,479 9,517 100,000
LICENSES & PERMITS 19,373 9,696 316,225
INTERGOV REVENUE 91,631 113,263 661,832
CHARGES FOR SERVICES 223,167 298,233 1,601,910
FINES & FORFEITURES 20,459 22,269 287,000
MISC REVENUE 3,779 6,469 9,400
OTHER FIN SOURCES 10,000 - 114,250
NON-REVENUES 15,080 17,240 219,600
TOTAL REVENUES 872,058 842,001 10,657,801
BEG FUND BAL 940,000
11,597,801
EXPENDITURES
LEGISLATIVE 13,664 18,667 211,178
EXECUTIVE 80,479 72,613 866,911
FINANCE 61,608 63,923 734,190
LEGAL 16,121 7,395 50,500
INFORMATION TECHNOLOGY 20,620 21,207 385,960
MISC - DUES & ASSESSMENTS 5,113 18,095 105,000
LAW ENFORCEMENT 451,453 468,558 5,495,578
FIRE CONTROL 182,661 218,871 2,302,036
ENGINEERING 38,454 - -
RECYCLING - - -
COMMUNITY DEVEL 76,877 80,150 1,026,100
LIBRARY SERVICES 191 3,345 40,074
PARKS & RECREATION 10,237 10,729 144,319
NON-EXPENDITURES 21,741 40,101 160,000
DEBT SERVICE - 1,249 -
INTERFUND TRANSACTIONS 36,750 62,042 759,481
TOTAL EXPENSES 1,015,969 1,086,945 12,281,327
Current Mo. Cash Flow (143,911)$ (244,944)$ ENDING FUND BAL 94,974
12,376,301$
OTHER FUNDS OPERATING STATEMENTS
DECEMBER BUDGET
FUND NAME 2011 2011 %
SPECIAL REVENUE FUNDS (100 - 199)
- to account for the proceeds of specific revenue sources (other than for major capital projects)
that are legally restricted to expenditure for specified purposes.
FUND 101 STREET FUND
Begin Fund Balance 2,069 1,000
YTD Revenues 993,617 1,079,300 92.1%
YTD Expenditures 995,250 1,054,800 94.4%
End Fund Balance 436 25,500
FUND 104 PROGRAM DEVELOPMENT FUND
Begin Fund Balance 38,346 100,000
YTD Revenues - 1,000 0.0%
YTD Expenditures 15,532 40,025 38.8%
End Fund Balance 22,814 60,975
FUND 107 GROWTH FUND
Begin Fund Balance 3,301,313 4,311,000
YTD Revenues 325,158 450,000 72.3%
YTD Expenditures 710,812 711,000 100.0%
End Fund Balance 2,915,659 4,050,000
FUND 108 EMERGENCY MEDICAL SERVICES FUND
Begin Fund Balance 203,873 200,000
YTD Revenues 2,598,201 2,449,720 106.1%
YTD Expenditures 2,564,015 2,567,120 99.9%
End Fund Balance 238,059 82,600
FUND 109 STREAM COORIDOR RESTOR. FUND
Begin Fund Balance 20,747 20,000
YTD Revenues 8,723 12,250 71.2%
YTD Expenditures 2,066 17,000 12.2%
End Fund Balance 27,404 15,250
FUND 112 AIRPORT IMPROVEMENT FUND
Begin Fund Balance 207,743 208,000
YTD Revenues 100 - 0.0%
YTD Expenditures 207,843 208,000 99.9%
End Fund Balance - -
FUND 114 LODGING TAX FUND
Begin Fund Balance 95,240 110,000
YTD Revenues 74,694 62,000 120.5%
YTD Expenditures 79,163 102,210 77.5%
End Fund Balance 90,771 69,790
Page 1 of 6
DECEMBER BUDGET
FUND NAME 2011 2011 %
SPECIAL REVENUE FUNDS (100 - 199) - continued Continued
FUND 116 CEMETERY IMPROVEMENT FUND
Begin Fund Balance 5,842 20,000
YTD Revenues 272,019 223,575 121.7%
YTD Expenditures 209,675 214,770 97.6%
End Fund Balance 68,186 28,805
DEBT SERVICE FUNDS (200 - 299)
- to account for the accumulation of resources for, and the payment of, general long-term debt
principal and interest.
FUND 206 2001 LTGO BOND-THOMAS/MINA FUND
fund will be closed
Begin Fund Balance 885 887
YTD Revenues 1 - 0.0%
YTD Expenditures 886 887 99.9%
End Fund Balance - -
FUND 212 LID #21 FUND
Begin Fund Balance 43,004 34,000
YTD Revenues 119,739 121,100 98.9%
YTD Expenditures 153,000 153,000 100.0%
End Fund Balance 9,743 2,100
Page 2 of 6
DECEMBER BUDGET
FUND NAME 2011 2011 %
CAPITAL PROJECTS FUNDS (300 - 399)
- to account for financial resources to be used for the acquisition or construction of major capital
facilities (other than those financed by proprietary funds and trust funds).
FUND 303 REAL ESTATE EXCISE TAX 1 FUND
Begin Fund Balance 262,617 345,000
YTD Revenues 119,079 152,000 78.3%
YTD Expenditures 364,252 364,270 100.0%
End Fund Balance 17,444 132,730
FUND 304 REAL ESTATE EXCISE TAX 2 FUND
Begin Fund Balance 82,582 31,000
YTD Revenues 303,553 356,000 85.3%
YTD Expenditures 381,254 382,160 99.8%
End Fund Balance 4,881 4,840
FUND 305 CAPITAL FACILITIES/BUILDING FUND
Begin Fund Balance 1,195,729 1,352,417
YTD Revenues 488,385 429,783 113.6%
YTD Expenditures 1,684,097 1,689,250 99.7%
End Fund Balance 17 92,950
FUND 310 TRANSPORTATION IMPROVEMENT
Begin Fund Balance 21,998 141,000
YTD Revenues 1,584,633 1,553,600 102.0%
YTD Expenditures 1,473,426 1,549,800 95.1%
End Fund Balance 133,205 144,800
FUND 311 PARK IMPROVEMENT FUND
Begin Fund Balance 237,303 225,000
YTD Revenues 34,701 20,500 169.3%
YTD Expenditures 161,523 172,000 93.9%
End Fund Balance 110,481 73,500
FUND 312 LIBRARY CAPITAL FUND
Begin Fund Balance 13,275 -
YTD Revenues 171 - 0.0%
YTD Expenditures - - 0.0%
End Fund Balance 13,446 -
Page 3 of 6
DECEMBER BUDGET
FUND NAME 2011 2011 %
ENTERPRISE FUNDS (400 - 499)
- an enterprise fund may be used to report activity for which a fee is charged to external users for
goods or services. An enterprise fund is also required for any activity whose principal revenue
sources meet any of the following criteria.
- Debt backed solely by fees and charges
- Legal requirement to recover costs
- Policy decision to recover costs
FUND 401 WATER/SEWER FUND
Begin Fund Balance-Water 1,336,570 1,090,000
YTD Revenues-Water 3,892,994 3,922,900 99.2%
YTD Expenditures-Water 3,779,307 3,855,270 98.0%
End Fund Balance-Water 1,450,257 1,157,630
Begin Fund Balance - Sewer 1,086,978 1,303,235
YTD Revenues-Sewer 4,660,578 4,408,600 105.7%
YTD Expenditures-Sewer 4,239,796 4,486,570 94.5%
End Fund Balance-Sewer 1,507,760 1,225,265
FUND 402 AIRPORT FUND
Begin Fund Balance 666,974 620,000
YTD Revenues 3,377,830 3,129,050 108.0%
YTD Expenditures 3,689,503 3,706,945 99.5%
End Fund Balance 355,301 42,105
FUND 404 WATER/SEWER BOND REDEMPT FUND
Begin Fund Balance 48,814 -
YTD Revenues - - 0.0%
YTD Expenditures - - 0.0%
End Fund Balance 48,814 -
FUND 405 WATER IMPROVEMENT FUND
Begin Fund Balance 5,446,249 3,700,000
YTD Revenues 1,068,879 861,000 124.1%
YTD Expenditures 1,210,445 1,887,550 64.1%
End Fund Balance 5,304,683 2,673,450
FUND 406 SEWER IMPROVEMENT FUND
Begin Fund Balance 2,834,584 2,600,000
YTD Revenues 619,958 278,000 223.0%
YTD Expenditures 555,811 755,525 73.6%
End Fund Balance 2,898,731 2,122,475
FUND 407 PUBLIC WORKS-UTILITIES ADMIN FUND
Begin Fund Balance 53,409 52,000
YTD Revenues 588,722 590,500 99.7%
YTD Expenditures 517,292 558,150 92.7%
End Fund Balance 124,839 84,350
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DECEMBER BUDGET
FUND NAME 2011 2011 %
ENTERPRISE FUNDS (400 - 499) CONTINUED
FUND 408 WWTP IMPROVMT & EXPANSION FUND
Begin Fund Balance 1,071,046 1,000,000
YTD Revenues 2,890,317 2,350,000 123.0%
YTD Expenditures 2,899,357 3,177,500 91.2%
End Fund Balance 1,062,006 172,500
FUND 409 SURFACE WATER CIP FUND
Begin Fund Balance 122,664 76,800
YTD Revenues 597,799 635,665 94.0%
YTD Expenditures 596,917 632,500 94.4%
End Fund Balance 123,546 79,965
FUND 410 AIRPORT RESERVE FUND
Begin Fund Balance 286,253 321,330
YTD Revenues 737,583 734,070 100.5%
YTD Expenditures - - 0.0%
End Fund Balance 1,023,836 1,055,400
FUND 411 WATER/SEWER BOND RESERVE FUND
Begin Fund Balance 479,248 479,250
YTD Revenues - - 0.0%
YTD Expenditures - - 0.0%
End Fund Balance 479,248 479,250
FUND 412 STORM WATER MANAGEMENT FUND
Begin Fund Balance 199,221 193,500
YTD Revenues 587,944 641,074 91.7%
YTD Expenditures 662,104 663,450 99.8%
End Fund Balance 125,061 171,124
FUND 413 AIRPORT CIP (FAA) FUND
Begin Fund Balance 747,873 748,800
YTD Revenues 31,420 786,500 4.0%
YTD Expenditures 389,435 797,700 48.8%
End Fund Balance 389,858 737,600
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DECEMBER BUDGET
FUND NAME 2011 2011 %
INTERNAL SERVICE FUNDS (500 - 599)
- to account for the financing of goods or services provided by one department or agency to other
departments or agencies of the governmental unit, or to other governmental units, on a cost-
reimbursement basis.
FUND 501 EQUIPMENT RENTAL MAINTENANCE AND OPERATIONS FUND
Begin Fund Balance 28,515 30,000
YTD Revenues 501,698 525,760 95.4%
YTD Expenditures 483,621 516,460 93.6%
End Fund Balance 46,592 39,300
FUND 503 EQUIPMENT RENTAL REPLACEMENT FUND
Begin Fund Balance 109,041 220,000
YTD Revenues 397,452 345,350 115.1%
YTD Expenditures 75,840 103,050 73.6%
End Fund Balance 430,653 462,300
FUND 504 PUBLIC WORKS MAINTENANCE AND OPERATIONS FUND
Begin Fund Balance 144,078 130,000
YTD Revenues 1,163,631 1,258,810 92.4%
YTD Expenditures 1,181,495 1,209,060 97.7%
End Fund Balance 126,214 179,750
TRUST FUND (601 - 610)
- to report all trust arangements under which principal and interest benefit individual, private
organizations and other government.
FUND 622 CEMETERY PRE-NEED TRUST FUND
Begin Fund Balance 15,832 14,000
YTD Revenues 204 20,100 1.0%
YTD Expenditures - 10,000 0.0%
End Fund Balance 16,036 24,100
FUND 702 CEMETERY ENDOWMENT FUND
Begin Fund Balance 184,186 180,000
YTD Revenues 16,431 29,630 55.5%
YTD Expenditures - 2,500 0.0%
End Fund Balance 200,617 207,130
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