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HomeMy WebLinkAbout07-02-2012_Council Meeting Arlington City Council July 2, 2012 – 7 PM City Council Chambers 110 E. Third SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF THE AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 1. Presentation from Arlington Lions Club PROCLAMATIONS 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 June 18 and June 25, 2012 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Resolution authorizing the surplus and sale of a ballistic vest to the Stillaguamish Tribal Police Department ATTACHMENT B PUBLIC HEARING 1. Ordinance extending moratorium on medical cannabis collective gardens for six months ATTACHMENT C NEW BUSINESS 1. Ordinance approving Land Use Code Amendments for Gambling Establishments ATTACHMENT D 2. Award of bid for 2012 Asbestos Concrete Water Main Replacement project ATTACHMENT E 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. DISCUSSION ITEMS 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 June 18, 2012 City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker Council Members Absent: There were no Council members absent. City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Jim Kelly, Eric Scott, David Kuhl, Bryan Terry, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Maxine Jenft – Cemetery Board, Kay Duskin – Civil Service Board candidate, and Mike Hopson – Airport Commission Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed. APPROVAL OF THE AGENDA Marilyn Oertle moved to approve the Agenda. Chris Raezer seconded the motion which passed with a unanimous vote. PUBLIC COMMENT Kari Ilonummi spoke to his political concerns for the nation. CONSENT AGENDA Marilyn Oertle moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the June 4 and 11, 2012 meetings 2. Accounts Payable Electronic Payments and Claims Checks #76952 through #77046 dated June 5, 2012 through June 18, 2012 in the amount of $250,591.04 3. Resolution Updating the City’s Purchasing Policy PUBLIC HEARING Amendments to AMC 20.40 – Zoning for Gambling Establishments Community Development Director David Kuhl gave an update of the request to relocate Aces Casino to the Buzz Inn building. He discussed code changes, also some of the concerns, should the request be granted. He stated that the Planning Commission has recommended approval of the request. The Public Hearing was opened at 7:08PM and with no one wishing to speak, was immediately closed. No action was taken at this time. Council was asked to receive public testimony on the Draft Ordinance. UNFINISHED BUSINESS There was no Unfinished Business Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT June 18, 2012 Page 2 of 3 NEW BUSINESS Ratification of Appointment of Kay Duskin to the Civil Service Commission Assistant City Administrator Kristin Banfield reviewed the request to ratify Kay Duskin to serve on the Civil Service Commission. She asked for approval of the appointment. Steve Baker moved to ratify the appointment of Kay Duskin to the City of Arlington Civil Service Commission. Marilyn Oertle seconded the motion which passed with a unanimous vote. Ordinance Approving the Star Annexation Community Development Director David Kuhl located and described the property also the proposal for Annexation. He gave a history of the proceedings to date and asked for Council approval. Mr. Kuhl noted that the person who had voiced concern at the Council meeting regarding her ability to keep animals had, indeed, been spoken with. Marilyn Oertle moved to adopt the Ordinance approving the Star Annexation. Debora Nelson seconded the motion which passed with a majority vote, with Randy Tendering casting a vote in opposition. Ordinance Suspending Impact Fees for Transportation and Connection Fees for Utilities in the Neighborhood Commercial Zone David Kuhl briefly reviewed the request of the Ordinance suspending some fees in the Neighborhood Commercial Zone, noting that this is would be development incentive for those who wish to bring their business to the City. Chris Raezer moved to adopt the Ordinance temporarily suspending transportation impact fees and utility connection fees relating to changes in use in the Neighborhood Commercial Zone, and containing a sunset provision for the effective term of the Ordinance. Marilyn Oertle seconded the motion which passed with a unanimous vote. Authorize the Mayor to Sign the Plat Completion Agreement with Cornerstone Development for the Eagle Heights Plat City Engineer Eric Scott located the Eagle Heights Plat and gave a history of that development. He noted that this request would be at no cost to the city. Debora Nelson moved to accept the Plat Completion Agreement for Eagle Heights between the City and Cornerstone Development and authorize the Mayor to sign the agreement, subject to review by the City Attorney. Dick Butner seconded the motion which passed with a unanimous vote. Authorize Staff to Bid a Project to Install the Final Lift in the Magnolia Meadows Subdivision Public Works Director Jim Kelly gave a history of Magnolia Meadows Subdivision and the reason for the Final Lift request, that is, a risk for the City, and he noted that there is money to proceed with this project. Mr. Kelly then answered Council questions. Debora Nelson moved to grant City staff the authority to bid the Magnolia Meadows Final Lift, subject to final review by the City Attorney. Marilyn Oertle seconded the motion which passed with a unanimous vote. Authorize Staff to Bid a Property that will Lower the Burn Road Water 12-inch Main to Accommodate a Snohomish County Culvert Replacement Project Jim Kelly gave a background of the Burn Road Water Main request. The expense would be covered by monies in hand. Dick Butner moved to grant City Staff the authority to bid the Burn Road Water Main Lowering Project, subject to final review by the City Attorney. Randy Tendering seconded the motion which passed with a unanimous vote. Minutes of the City of Arlington City Council Meeting DRAFT June 18, 2012 Page 3 of 3 DISCUSSION ITEMS Phone System Replacement City Administrator Allen Johnson briefly spoke to the request by some of the Council to address other issues at the shorter City Council meetings. Information Services Manager Bryan Terry gave an update of the phone system request and discussed the perks for building on the system which is now in place. He recommended moving forward with this update. Finance Director Jim Chase then spoke to the way in which this proposed replacement could occur. Mr. Terry and Mr. Chase answered Council questions. Cerium Network representatives were in the audience and they addressed Council questions. Debora Nelson moved to allow staff to move forward in preparing scope of work and professional services agreement with Cerium Networks to replace current telephone system with a Microsoft Lync unified communication system and authorize the Mayor to sign the Interlocal Agreement for joint purchasing of telephone equipment and services with the City of Bellevue, subject to review by the City Attorney. Ken Klein seconded the motion which passed with a unanimous vote. COUNCIL MEMBER REPORTS – OPTIONAL Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve Baker gave brief reports. With no further business to come before the Council, the meeting was adjourned at 7:59PM. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street June 25, 2012, 2012 Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker, Mayor Tolbert, Allen Johnson, Kristin Banfield, Jim Chase, Paul Ellis, Police Chief Nelson Beazley, Jim Kelly, Eric Scott, David Kuhl, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: There were no Council members absent. Also Known to be Present: Mike Hopson – Airport Commission and Sarah Arney – North County Outlook Mayor Tolbert called the meeting to order at 7:00PM. Marilyn Oertle moved to approve the Agenda, and Chris Raezer seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. Presentation: Taking Arlington Municipal Cemetery forward with Geodatabase Tracking With the use of a power point presentation GIS Analyst Lynn Bridges gave a history of the cemetery and the way in which that area has changed. She addressed geographic organization, purpose of the study, sources used to obtain information, method of identifying plots, software currently used, the state of the cemetery today, and aspirations for future additions. Throughout the presentation Ms. Bridges answered questions and addressed Council concerns. 2012 A/C Water Main Replacement Project – Apparent Low Bidder City Engineer Eric Scott distributed the 2012 AC Watermain Replacement Bid Results and then addressed the replacement project. He stated that the bids had been opened this morning, and he identified the apparent low bidder, E&D Construction. Tomorrow a check of the company will begin. Mr. Scott then answered Council questions. Surplus & Sale of Ballistic Vest to Stillaguamish Tribal Police Department Police Chief Nelson Beazley spoke to the request of surplus and sale for the vest of an officer who would now be serving with the Stillaguamish Tribal Police Department. Chief Beazley answered Council questions. May Financial Report to Council With the use of a power point presentation Finance Director Jim Chase gave an update on the City’s financial status. Throughout the presentation Mr. Chase answered Council questions. Economic Development Update Community Development Director and Special Projects Manager Paul Ellis distributed and then gave an update on the recent economic study that had been conducted resulting in statistical data to improve Arlington’s retail. Mr. Ellis talked about competitive data. Mr. Kuhl stated that retail Committee will be formed with the City which will include information from outside retailers and local retail personnel. Both Mr. Ellis and Mr. Kuhl then shared information, also speaking about the Biwer property, form based code, Food Pavilion property lease prospect, the new Best Western project that has been approved by the design review board for the Smokey Point area, that the Arlington Advanced Manufacturing has run out of room, the investigation of housing a tech school within the Arlington area, business recruitment Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting June 25, 2012 Page 2 of 2 incentives, business reception that would occur in the fall, quarterly tours of the area businesses, flooding in the Jensen Business Park area, working regionally through partnerships, tourism, a new enhanced Centennial Trail map granted, and the requested addition of gateway signs. Also noted was a slight drop of business licenses, businesses new to the city, and new building permits for homes. Addressing the Council, Sarah Arney asked that we consider adding “Visit Historic Arlington” to area signage. PUBLIC COMMENT There were no members of the Public who wished to speak on matters on the Agenda EXECUTIVE SESSION City Attorney Steve Peiffle stated that there was need for an executive session to review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)], also to discuss with legal counsel representing the agency litigation or potential litigation to which the agency is a party RCW 42.30.110 (i). There was a 5-minute break before the requested 40 minute session with no action taken during or after the meeting. The Council recessed into Executive Session at 8:23PM. The meeting was reconvened at 8:59PM, and with no further action to be taken, it was immediately adjourned. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: July 2, 2012 SUBJECT: Resolution to Surplus City Equipment and authorize its sale ATTACHMENTS: Resolution DEPARTMENT OF ORIGIN Police – Contact: Chief Nelson Beazley 360-403-3400 EXPENDITURES REQUESTED: None BUDGET CATEGORY: Police LEGAL REVIEW: DESCRIPTION: The Police Department has a ballistic vest that is used and was custom fitted for an employee that will be ending employment with the City as of June 30, 2012. This vest is no longer viable for current or future use due to the nature of the custom fit and hygienic condition, and needs to be sold as surplus. The employee will be commencing employment with the Stillaguamish Police Department in July and they have shown interest in purchasing the ballistic vest for the employee’s use for the remaining useful life of the vest. HISTORY: The vest was purchased in January 2009 for a specific employee as a full-time patrol uniform/equipment item at a cost of $834.91 and has a 5-year manufacturer’s warranty. The vest has been used for 42 of its 60 month warranty period and is currently valued at $250.47. The vest has been worn by only one person for this duration and subject to a variety of conditions. These vests must be custom fitted to function correctly and only the cloth carriers can be thoroughly cleaned. ALTERNATIVES Take no action. RECOMMENDED MOTION: I move to approve the resolution to surplus the ballistic vest and deposit any proceeds into the Police Department budget for equipment. RESOLUTION NO. 2012-xxx 1 RESOLUTION NO. _2012-xxx_ A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE WHEREAS, the City has purchased the equipment listed on the attached Exhibit “A”; and WHEREAS, the equipment identified on Exhibit “A” is surplus to the needs of the City; and NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby resolve as follows: 1. The equipment/property described on the attached Exhibit “A” is declared surplus to the needs of the City. 2. Staff is instructed to sell all items for the best available price or properly dispose of items that it is unable to sell. Staff is further authorized to dispose of the property via an intergovernmental transfer pursuant to RCW 39.33.010. Passed by the City Council of the City of Arlington at a regular meeting on this ____ day of ____________, 2012. ________________________________ Barbara Tolbert Mayor ATTEST: ___________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ___________________________ Steven J. Peiffle, City Attorney RESOLUTION NO. 2012-xxx 2 EXHIBIT A Year Item Serial # / Asset # 2009 Ballistic Vest Vest Manufactured for and Assigned to Officer #1642 City of Arlington Council Agenda Bill Item: PH #1 Attachment C COUNCIL MEETING DATE: July 2, 2012 SUBJECT: PUBLIC HEARING - Medical Cannabis Collective Gardens ATTACHMENTS 1. Ordinance DEPARTMENT OF ORIGIN Community Development/Police EXPENDITURES N/A BUDGET CATEGORY N/A LEGAL REVIEW: DESCRIPTION: Staff is recommending the extension of the moratorium on medical marijuana dispensaries for another 6 months until additional direction is provided by the State legislature. HISTORY: Collective Gardens were authorized by the Legislature in 2011. Council approved a moratorium on August 15, 2011 and followed-up with a public hearing within 60-days as required by State Law. On October 3, 2011 Council held the public hearing and adopted findings of fact in an ordinance to extend the moratorium to a full year. A work program was established to review proposed regulations between Lake Stevens, Marysville and Arlington to ensure consistency between the jurisdictions. Lake Stevens developed the draft regulations found in this report and prepared for public hearings. They changed course and recently decided to pursue an additional moratorium. Marysville decided to pursue an additional moratorium as well. ALTERNATIVES 1. Develop language that would extend the current moratorium beyond August 15, 2012. 2. Do not develop language that would extend the current moratorium beyond August 15, 2012. 3. Continue research and development leading to the proposal of regulations in the Land- Use Code that would govern medical cannabis collective gardens, prior the moratorium deadline of August 15, 2012. RECOMMENDED MOTION: Council is requested to hold a public hearing on the ordinance extending the moratorium on the establishment of medical marijuana dispensaries, collective gardens, and the licensing permitting thereof. Action by the Council would be requested no later than the August 6, 2012 meeting. Ordinance No. 2012-xxx 1 ORDINANCE NO. 2012-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, ADOPTING FINDINGS OF FACT IN SUPPORT OF A MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES, COLLECTIVE GARDENS AND THE LICENSING AND PERMITTING THEREOF AND EXTEND THE MORATORIUM FOR SIX MONTHS WHEREAS, the City Council on August 15, 2011 imposed a moratorium on the acceptance of certain development applications relating to medical marijuana gardens for a period of up to six months and further conducted a public hearing on the proposed regulations on October 3, 2011 in accordance with RCW 35A.63.220 and RCW 36.70A.390, and at that meeting, extended the moratorium for a full year; and WHEREAS, the City Council adopted a work plan in October 2011; and WHEREAS, the Planning Commission held a public hearing on June 19, 2012 to consider amendments to Title 20 – Land Use Code, with regards to new regulations for medical cannabis collective gardens; and WHEREAS, the City Council on July 2, 2012, after considering the public comment taken and information provided by staff, and due to continued uncertainty from the State Legislature regarding such uses deems it to remain in the public interest to have the moratorium related to medical marijuana dispensaries, collective gardens and permitting extended for six months until the City can consider all of the land use impacts of collective gardens, draft regulations, hold hearings and adopt regulations on the subject in light of the new legislation; and NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. Findings. The City Council makes the following findings: 1. Initiative Measure No. 692, approved November 3, 1998, created an affirmative defense for “qualifying patients” to the charge of possession of marijuana. 2. The initiative and current Chapter 69.51A RCW are clear that nothing in its provisions are to be “construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale or use of marijuana for non-medical purposes”. 3. The Washington State Department of Health opines that it is “not legal to buy or sell” medical marijuana and further opines that “the law [Chapter 69.51.A RCW] does not allow dispensaries”, leaving enforcement to local officials. Ordinance No. 2012-xxx 2 4. The City Council finds that the sale of marijuana, no matter how designated by dispensaries, is prohibited by federal and state law. 5. ESSB 5073 – Chapter 181, Laws of 2011 (“the bill”) was adopted with a partial veto of the Governor and becomes effective July 22, 2011. 6. Section 404 of the bill effectively eliminates medical marijuana dispensaries as a legally viable model of operation under State law. 7. Section 403 of the bill provides that qualifying patients may create and participate in collective gardens for the purpose of producing, processing, transporting and delivering cannabis for medical use subject to compliance with specific statutory conditions. 8. The City acknowledges the right of qualified health care professionals to prescribe the medical use of marijuana as well as the right of patients to designate a “designated provider” who can “provide” rather than sell marijuana to “only one patient at any one time”. 9. As part of the process for the adoption of zoning regulations, the land use impacts of medical marijuana or cannabis collective gardens, dispensaries, processing facilities and production facilities must be identified. 10. Many jurisdictions around the country that have approved medical marijuana uses have experienced numerous land use impacts, such as: • conversion of residential uses into marijuana cultivation and processing facilities, removing valuable housing stock in a community; • degrading neighborhood aesthetics due to shuttered up homes, offensive odors, increased night-time traffic, parking issues, and loitering from potential purchasers looking to buy from a collective member; • environmental damages from chemicals being discharged into surrounding and off- site soil and storm and sanitary sewer systems; • serious risk of fire hazard due to overloaded service connections used to operate grow lights and fans; • improper ventilation leading to high levels of moisture and mold; • illegal structural modifications; and • criminal issues such as home invasions, burglaries of medical marijuana facilities, theft and property damage. 11. Pursuant to Section 1102 of the bill and under their general zoning and police powers cities are authorized to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements and business taxes on the production, processing or dispensing of cannabis or cannabis products. 12. Unless a moratorium is imposed, collective gardens may be established within the City of Arlington while the City lacks the necessary tools to ensure that the location is appropriate and that the secondary impacts of such facilities are minimized and mitigated. Ordinance No. 2012-xxx 3 Section 2. In light of the uncertainty of State and Federal regulations, the City Council further elects pursuant to RCW 36.70A.390 to extend the moratorium for six months from the date after the expiration of the last moratorium, or until February 15, 2012. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Publication. This ordinance shall be published by an approved summary consisting of the title. Section 5. Effective Date. This ordinance shall take effect and be in full force and effect within five days after publication as provided by law. CITY OF ARLINGTON: ______________________________________ Barbara Tolbert, Mayor ATTEST: ______________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ______________________________________ Steve Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #1 Attachment D COUNCIL MEETING DATE: July 2, 2012 SUBJECT: Amendments to AMC Title 20, Land Use Code, Chapter 20.40, amending Table 20.40-1 regarding the regulation of gambling establishments. ATTACHMENTS: 1. Ordinance 2. DRAFT Table 20.40-1: Table of Permissible Uses 3. Proposed Gambling Area Vicinity Map DEPARTMENT OF ORIGIN Community Development – David Kuhl, 360-403-3445 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Aces Casino is requesting to relocate their business from the existing site located at 5200 172nd Street to the Buzz Inn Steak House, located at 17216 Smokey Point Drive. Currently, based on Chapter 20.40, Permitted Uses, gambling establishments (Use 8.600 in Table 20.40-1: Table of Permissible Uses) shall not be located within 1000 feet of daycare facilities, schools, churches, synagogues or temples. Proposed amendments would permit house banked card rooms to be located in the Smokey Point Shopping Center (see attached map). HISTORY: Representatives from both Aces Casino and Buzz Inn originally approached the City in May 2011 to request relocation to the Buzz Inn site. In June 2011, staff denied the request based on the 1000’ buffer criteria as noted in Chapter 20.40. Aces Casino approached the City again in 2012, requesting the relocation. Both the Planning Commission and City Council have discussed this item at previous meetings, including public hearings at the June 5, 2012 Planning Commission meeting and the June 19, 2012 City Council meeting. Amendments to AMC 3.32.050 regarding a tiered taxing system for multiple casinos will be discussed at a future meeting. ALTERNATIVES 1. No action. 2. Remand to staff to clarify any issue that Council deems appropriate. RECOMMENDED MOTION: I move to adopt the ordinance approving the amendments to Chapter 20.40, Land Use Code, regarding gambling establishments. ORDINANCE NO. _____ 1 ORDINANCE NO. 2012-xxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING TABLE 20.40-1 OF CHAPTER 20.40 OF THE ARLINGTON MUNICIPAL CODE REGARDING REGULATION OF GAMBLING ESTABLISHMENTS WHEREAS, the City of Arlington, Washington has the authority to regulate land uses within the City; and WHEREAS, the City of Arlington has adopted a land use code and development design guidelines; and WHEREAS, gambling establishments, or also known as house-banked card rooms, are regulated by the City of Arlington in Chapter 20.40 of Title 20 Arlington Municipal Code; and WHEREAS, gambling establishments have been restricted to only those properties located within the Highway Commercial (HC) zone and, more specifically, only permitted in areas specified in Footnote 21 of Table 20.40-1: Table of Permissible Uses; and WHEREAS, new regulations have been drafted to permit gambling establishments within the Smokey Point Shopping Center, and more specifically, at the current Buzz Inn Restaurant site; and WHEREAS, the Planning Commission considered these amendments at their June 5, 2012 public hearing and recommended that the City Council adopt the amendments. The City Council considered these amendments at their April 23, 2012 workshop and at a public hearing on June 18, 2012 and determined approving the amendments was in the best interest of the City and its citizens; and WHEREAS, amendments to AMC 3.32.050 regarding a tiered taxing system for multiple casinos will be discussed at a future meeting; and NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code §20.40, the following existing language to Footnote 21 in Table 20.40-1 Table of Permissible Uses, shall be deleted: Table 20.40-1: Table of Permissible Uses. 21 south of SR 531/172nd St. and east of 51st Avenue NE, or south of 168th Pl. NE, north of 164th St. NE, and west of Smokey Point Boulevard; and not located within one thousand (1000) feet of a daycare facility, school, church, synagogue, or temple. ORDINANCE NO. _____ 2 Section 2. Arlington Municipal Code §20.44.032(c) shall be amended to read as follows: Table 20.40-1: Table of Permissible Uses. 21 Subject to the requirements of AMC Chapter 3.32, and further subject to the following locational criteria: only permitted in areas east of Interstate-5 (I-5), west of Smokey Point Drive, north of 172nd Street NE/SR 531, and south of 3207 Smokey Point Drive. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication. PASSED BY the City Council and APPROVED by the Mayor this day of ________________, 2012. CITY OF ARLINGTON ____________________________ Barbara Tolbert, Mayor ATTEST: _________________________ Kristin Banfield, City Clerk APPROVED TO AS FORM: __________________________ Steven J. Peiffle, City Attorney Title 20—Land Use Code Chapter 20.40: Permissible Uses 20.40- 13 October 2011 City of Arlington July 2012 1 Subject to §20.44.060 (Minimum Parcel Sizes for Class “A,” “B,” or “C” Mobile Homes). 2 Subject to §20.48.010 (Minimum Lot Size Requirements). 3 Subject to §20.44.080 (Mobile Sales and Delivery). 4 Subject to §20.44.048 (Temporary Public Structures). 5 Subject to §20.44.100 (Permits for Grading and Filling ). 6 Subject to §20.44.010 (Solid W aste, Quarrying, Mining, and Similar Uses). 7 Subject to §20.44.070 (Homes Emphasizing Special Services, Treatment, or Supervision). 8 Subject to §20.44.034 (W ireless Communications Facilities) 9 Subject to §20.44.110 (Permits for Land Clearing) 10 Use allowed in the Public/Semi-Public district when it is conducted by a public/semi-public agency for the benefit of the general public. 11 Such uses allowed only if in compliance with the intent of the zone as established in §20.36.034 (Aviation Flightline District Established). 12 Such uses allowed only if in compliance with the intent of the zone as established in §20.36.036 (Medical Services District Established). 13 Subject to §20.44.096 (Penal and Correctional Facilities). 14 Subject to §20.44.016 (Mixed Use Developments). 15 Subject to §20.44.084 (Stand Alone Office Uses in the General Industrial Zone). 16 Subject to §20.44.062 (Trade or Vocational Schools in the OTB-1). 17 Subject to §20.38.070 (Restrictions on Certain Use Classifications on Arlington Airport Property). 18 Subject to §20.38.080 (Performance Standards and Miscellaneous Restrictions). 19 Subject to §20.44.066 (Storage Surfaces for Scrap Materials Salvage Yards, Junkyards, Aut omobile Graveyards and Automobile Recycling Facilities). 20 Subject to §20.44.032 (Master Planned Neighborhood Developments) 21 Subject to the requirements of AMC Chapter 3.32, and further subject to the following locational criteria: only permitted in areas south east of Interstate-5 (I-5), west of Smokey Point Drive, north of 172nd Street NE and south of 3207 Smokey Point Drive.of SR 531/172nd St. and east of 51st Avenue NE, or south of 169th Pl. NE, north of 164th St. NE, and west of Smokey Point Boulevard; and not located within one thousand (1000) feet of a daycare facility, school, church, synagogue, or temple. 22 Only sales of beverages and sales of foods prepared off site and not principally in a kitchen on the premises. 23 Battery charging stations only, limited in use only to the tenants or customers of the development located on-site. 24 Level 1 and Level 2 restricted electric charging stations only. Level 3 public electric charging stations allowed in public parks. 25 Level 1 and Level 2 restricted electric charging stations only. 26 Accessory to primary use only, not to exceed twenty percent (20%) of primary use. 20.40- 14 October 2011 City of Arlington Title 20-Land Use Code Chapter 20.40: Permissible Uses July 2012 (Amended by Ord. 1388, 3127106, Ord 1449, 417108, Ord 1454, 9126108; Ord. 2010-0011119110, Ord. 2011-002 217111, Ord. 2011-026) Proposed Allowed Gambling Area SR 531172nd St NE Smokey Point Blvd Pacific Hwy ￿ SR 531 Proposed Gambling Area± 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 StreetsCity LimitsUrban Growth Area Scale:ProposedGamblingArea.mxd 06/03/12 TH 1 inch = 4 92 fe et Legend City of Arlington Council Agenda Bill Item: NB #2 Attachment E COUNCIL MEETING DATE: July 2, 2012 SUBJECT: 2012 AC Water Main Replacement Bid Award ATTACHMENTS: Bid Opening Results DEPARTMENT OF ORIGIN Public Works – Eric Scott EXPENDITURES REQUESTED: $254,296.49 BUDGET CATEGORY: Water CIP Fund 405 LEGAL REVIEW: DESCRIPTION: 2012 Asbestos Concrete (AC) replacement for aging water main on the West side of the Airport and on Broadway Avenue. Bids were opened June 25, 2012. Lowest responsive bidder was E&D Excavating at $254,296.49. HISTORY: The City has approximately 95 miles of water main and approximately 10% of is in need of replacement in the short term. The highest priority areas for replacement are pipes constructed with asbestos concrete material, due to the high failure rate of this material. Staff evaluated the current water infrastructure and determined water mains on the West side of the airport and Broadway Avenue were the highest priority for 2012. The amended estimated construction cost was $310,000, with submitted bids being very favorable to the City. ALTERNATIVES • Remand to staff for additional information • Table pending additional discussion RECOMMENDED MOTION: I move to award the construction contract for the 2012 AC Water Main Replacement Project to E&D Excavating for the amount of $254,296.49 and authorize the Mayor to sign the contact, subject to review by the City Attorney. City of Arlington Engineering Division Memo To: City Council, Mayor Cc: Jim Kelly – Public Works Director From: Eric J. Scott, PE – City Engineer Date: June 25, 2012 Re: 2012 AC Watermain Replacement Bid Results The following are the results of the June 25, 2012 bid opening of the 2012 AC Watermain Replacement Project: Construction Estimate $350,000.00 ($310,000 Rev) E&D Construction $254,296.49 (Apparent Low Bidder) Welch Brothers $275,930.21 RRJ $301,252.06 Carmans Construction $309,757.22 ICI $364,854.73 Laser Underground $378,699.06