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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 Page 4 of 6 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 Page 5 of 6 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 Page 6 of 6