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HomeMy WebLinkAbout06-11-2012_Council Workshop 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 WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN 1. (5 min) Recognition of Appointment to the Civil Service Commission ATTACHMENT A 2. (30 min) Presentation Providing an Overview of Salary Surveys ATTACHMENT B 3. (30 min) Presentation on Options for Fire Operations 4. (7 min) Magnolia Meadows Paving Project & Request to Bid ATTACHMENT C 5. (7 min) Burn Road Water Main Lowering Project Request to Bid ATTACHMENT D 6. (7 min) Plat of Eagle Heights ATTACHMENT E 7. (15 min) Ordinance Amending the AMC concerning cannabis collective gardens ATTACHMENT F 8. (5 min) Modification to Ordinance Temporarily Suspending Transportation Impact Fees and Utility Connection Fees ATTACHMENT G 9. (10 min) Review of City Owned Property ATTACHMENT H 10. (5 min) Update to City Purchasing Policy ATTACHMENT I 11. Miscellaneous Council Items PUBLIC COMMENT For members of the public to speak to the Council regarding matters on the Council Workshop agenda. Please limit your remarks to three minutes. ADJOURNMENT To open all attachments, click here Arlington City Council Workshop June 11, 2012 – 7 PM City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Recognition of Appointment of Kay Duskin to Civil Service Commission ATTACHMENTS: Kay Duskin’s Application for Boards and Commissions DEPARTMENT OF ORIGIN Human Resources – Julie Good: 360-403-3439 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Staff will present the Mayor’s appointment of Kay Duskin to the Civil Service Commission. HISTORY: At the end of her term in April, Linda Snider resigned from the Arlington Civil Service Commission, leaving one vacancy on the three-member panel. The City advertised in the Arlington Update for applications to fill the vacancy and received three applications: Kay Duskin, Darrell Wilson and Andy Tift. The Mayor, after reviewing the applications and the recommendations of the interview panel (consisting of Councilman Steve Baker, Civil Service Commissioners Steve Peterson and Jim Rankin, Chief Examiner/ Secretary Julie Good, Police Chief Nelson Beazley, and Fire Chief Bruce Stedman), has appointed Kay Duskin to the vacant position. Kay’s term will expire June 10, 2018. Arlington Municipal Code section 2.48.020 provides: 2.48.020 Membership. Such commission shall be composed of three members to be appointed by the mayor, who shall serve six year terms. Commissioners shall serve without compensation. Such commissioners shall have the qualifications prescribed by the act referred to in Section 2.48.010. This is consistent with state law, RCW 41.08.030, which provides in part: “The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with power and authority to select, appoint, or employ the chief of a fire department in any such city, prior to the enactment of this chapter…Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required.” ALTERNATIVES Unlike most appointments, the Civil Service Commission is appointed by the Mayor and no approval by the Council is required. RECOMMENDED MOTION: No action at this time. At the June 18, 2012 meeting Council will be asked to recognize the appointment of Kay Duskin to the vacant seat on the Civil Service Commission. City of Arlington Council Agenda Bill Item: WS #2 Attachment B COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Salary Surveys – How We Do Them and Why We Do Them ATTACHMENTS: City of Arlington Salary Survey Information DEPARTMENT OF ORIGIN Human Resources – Julie Good: 360-403-3439 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Staff will explain how and why the City conducts an annual salary survey. HISTORY: Each year the City conducts a salary survey of comparable cities to determine how the City’s salaries compare to same or similar jobs. ALTERNATIVES RECOMMENDED MOTION: No action. Prepared by Julie Good, Human Resources City of Arlington Annual Salary Survey • Surveys are conducted on each job every four years • There are approximately 90 jobs to be surveyed • The reason for the survey: o keep the City’s salary structure up-to-date and competitive  not over-paying or under-paying employees o internal equity is clarified when external parity is measured • Cities chosen as comparable cities based on: o geography (“Cascade curtain”) o population o valuation  Population and valuation ranges are 50% - 150% of Arlington population and valuation. • Review and compare job descriptions; analyze based on: o knowledge o skills o abilities o education and experience relevance o job definitions o distinguishing characteristics o supervision received and exercised o essential job functions o special requirements (e.g., physical demands, licensing or certification requirements) • Evaluate present City salary structure as compared to the specific job market for comparable positions in the public sector. • Analyze all existing classifications and recommend changes to the current classification plan. • Identify potential pay compression issues and provide alternative solutions. • When this information is used during contract negotiations, the total cost of compensation (salary and benefits) is considered. City of Arlington Council Agenda Bill Item: WS #4 Attachment C COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Magnolia Meadows Final Lift ATTACHMENTS: None DEPARTMENT OF ORIGIN PW-Transportation (Jim Kelly) EXPENDITURES REQUESTED: Estimate is $160,000 BUDGET CATEGORY: Transportation Improvement fund LEGAL REVIEW: DESCRIPTION: The Engineering Department is requesting authority to bid a project to install the final lift in the Magnolia Meadows subdivision. HISTORY: John Lahkani was the developer for the Magnolia Meadows subdivision. The recent economic crisis and housing decline struck before Phase B could be built out. The development firm went bankrupt and the bank repossessed the property. All of the infrastructure was installed (water, sewer, storm, electric, sidewalks) except for the final lift of asphalt when the bank repossessed the property. A new builder recently purchased the property from the bank, as is, and constructed houses on all platted properties. Magnolia Meadows Subdivision, Phase B is currently over 90% occupied. With the builder buying the property as-is, they have no obligation to install the final lift of asphalt paving. The responsibility to install the final lift will, unfortunately, fall on the City as the current conditions are dangerous (trip hazards) and damage will occur to the curb-gutter and first lift of asphalt if the final lift is not completed. ALTERNATIVES Do not pave final lift. RECOMMENDED MOTION: No action at this time. City of Arlington Council Agenda Bill Item: WS #5 Attachment D COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Burn Road Water Main Lowering Project ATTACHMENTS: None DEPARTMENT OF ORIGIN PW-Water Utility (Jim Kelly) EXPENDITURES REQUESTED: Estimate $70,000-$80,000 BUDGET CATEGORY: Water CIP (fund 405) LEGAL REVIEW: DESCRIPTION: The Water Utility is requesting authority to bid a project that will lower a 12-inch water main that is within a Snohomish County Right-of-Way. HISTORY: The City of Arlington Water Utility has a 12-inch water line in Burn Road that lies within Snohomish County Right-of-Way. Per the Arlington-SnoCo franchise agreement, the Water Utility must relocate its utilities at its own expense to accommodate any SnoCo road improvement. SnoCo is planning to increase a 30-inch circular storm culvert to a 14-foot wide fish passable culvert; this will help alleviate flooding on Burn Road and promote fish migration. This is an unexpected project and was not included on the 2012 Water Capital Improvement budget. SnoCo did inform the City that it was considering this project in 2011 but lacked funding; as such the Water Utility did not plan for this project in 2012. The City was recently notified that this project was set for construction on August 6, 2012. The Water Utility will contract this work to a Horizontal Directional Driller (HDD) and have the water main relocated before August 6th. ALTERNATIVES None, the City must move this water main. RECOMMENDED MOTION: No action at this time. City of Arlington Council Agenda Bill Item: WS #6 Attachment E COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Eagle Heights Plat Completion Agreement ATTACHMENTS: Plat Completion Agreement DEPARTMENT OF ORIGIN Public Works – Eric Scott EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: DESCRIPTION: The Eagle Heights Plat Completion Agreement is between the City and Cornerstone Development. The agreement provides for Cornerstone to construct the final lift of asphalt and recoup costs from the surety bond collected by the City from the previous developer’s surety. HISTORY: The Eagle Heights neighborhood is located north of 172nd St NE and west of SR-9. The development was originally permitted four years ago. The road and utility infrastructure was constructed, however, due to the downturn in the economy the housing structures were not constructed and the development has been vacant. Additionally, the final lift of asphalt was not installed. On March 15, 2012 the development was purchased by Cornerstone Development and is moving forward with building permits and construction. On March 13, 2012 the surety bond was collected for installation of the final lift of asphalt, in the amount of $93,918. Staff has prepared a Plat Completion Agreement between the City and Cornerstone, for Cornerstone to install the final lift of asphalt. Cornerstone will be reimbursed by the City for the work up to the amount of the surety bond collected. Any costs that exceed the surety bond amount will be borne by Cornerstone. ALTERNATIVES • Remand to staff for additional information • Table pending additional discussion RECOMMENDED MOTION: No action at this time. At the June 18 Council meeting, staff will recommend the motion, “I move 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.” City of Arlington Council Agenda Bill Item: WS #7 Attachment F COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Medical Cannabis Collective Gardens ATTACHMENTS Maps of Industrial Zoning Maps of Potential Buffers DEPARTMENT OF ORIGIN Community Development/Police EXPENDITURES N/A BUDGET CATEGORY N/A LEGAL REVIEW: DESCRIPTION: Alternatives for regulating medical cannabis collective gardens 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: Work Session Only CITY COUNCIL WORKSHOP MEMO To: Arlington City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Meeting Date: June 11, 2012 Project: Proposed Amendments to Title 20, Land Use Code – Medical Cannabis Collective Gardens (PLN20120013) The following are City-initiated land use code amendments to Arlington Municipal Code Title 20, Land Use Code, for medical cannabis collective gardens. On August 15, 2011, the City Council imposed a moratorium on the acceptance of certain development applications relating to medical cannabis 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. In addition, at the October 3, 2011 City Council meeting, the Council adopted an ordinance extending the moratorium for one year from August 15, 2011. Staff presented the proposed amendments at the June 5, 2012 Planning Commission meeting and there may be public hearings scheduled in the future to discuss options relating to regulating medical cannabis collective gardens. In addition, the option of extending the moratorium is a possibility. Since the issue of State Law conflicting with Federal Law is a concern, more time might be warranted to see how the Legislature intends to deal with the conflict. In addition, Initiative 502 would legalize marijuana for persons over 21 years of age. This initiative will be voted on in November 2012. Because the landscape is so unsettled, it may be best to extend the moratorium for an additional year. Currently, Mukilteo is the only city in Snohomish County to create land-use regulations for medical cannabis collective gardens. We are working in conjunction with Lake Stevens and Maryville to craft regulations that are consistent between each jurisdiction. This is designed so that there could be an equal balance of collective gardens in the area. We have met with each city including their police, community development and executive departments to discuss the issue. Community Development Planning Division PLN20120013 AMC Title 20, Land Use Code Amendments – Medical Cannabis June 11, 2012 2 Results of Planning Commission Workshop •The Commission asked if there are any criminal issues with the existing facility on Smokey Point Blvd. that was approved under the previous State Law. The Police Department will be consulted for a report. •The Commission discussed the proposal for buffers near youth-oriented facilities, parks, etc. and asked for the rationale behind creating a buffer from these land-uses. •After review of the draft code, the Commissioners felt the business model wouldn’t make sense to have 10 patients at a time. •The Commission asked if the industrial zones appropriate. •They said we should continue to work on proposed regulations during another potential moratorium. •They asked if a presentation could be arranged by the current provider, located on Smokey Point Blvd., to gain a better understanding of how the business model works. 1. Amendments to Chapter 20.08 Definitions Definitions Amend Chapter 20.08 to add the following new definitions. Church. Any establishment, the principal purpose of which is religious worship, and for which the principal building or other structure contains the sanctuary or principal place of worship, and which includes related accessory uses. Collective Garden. See Medical Cannabis Collective Garden. Marijuana. All parts of the plant cannabis, whether growing or not. Medical Cannabis Collective Garden. Any place, area or garden where qualifying patients share responsibility and engage in the production, processing, and delivery of cannabis for medical use as set forth in Chapter 69.51A RCW and subject to the limitations therein. Useable Cannabis. Dried flowers of the Cannabis plant having a tetrahydrocannabinol (THC) concentration greater than three-tenths of one percent per weight or volume. Useable cannabis excludes stems, stalks, leaves, seeds and roots. For purposes of this subsection, “dried” means containing less than fifteen percent moisture content by weight. Youth-oriented Facility. Facilities owned or operated by non-profit organizations for the purpose of providing recreational and/or educational opportunities for youth, including but not limited to, Boys & Girls Clubs, little league baseball and other youth sports associations. Staff Comment PLN20120013 AMC Title 20, Land Use Code Amendments – Medical Cannabis June 11, 2012 3 These new definitions are consistent with legislation proposed by neighboring jurisdictions. 2. Amendments to Chapter 20.40 Permissible Uses Medical Cannabis Collective Garden Amend Chapter 20.40 Permissible Uses to allow for new Use 14.500 Medical Cannabis Collective Garden as permitted uses in Light Industrial and General Industrial zones, subject to new Footnote 27 which reads: “All Medical Cannabis Gardens shall meet the development standards provided in AMC 20.44 (Supplemental Use Regulations).” Staff Comment This is consistent with legislation proposed by neighboring jurisdictions. 3. Amendments to Chapter 20.44 Supplemental Use Regulations. Amend Chapter 20.44 to include new section, Part V. Medical Cannabis Collective Gardens. Part V. Medical Cannabis Collective Gardens 20.44.410 Authority. 20.44.420 Definitions Adopted. 20.44.430 Location and Visibility. 20.44.440 Public Safety and Welfare. 20.44.450 Licenses and Approvals. 20.44.410 Authority. The City of Arlington adopts this chapter pursuant to Chapter 69.51A of the Revised Code of Washington (RCW) Medical Cannabis. This chapter contains the City's procedures and policies, which applicants must use in conjunction with Chapter 69.51A RCW or as amended. All collective gardens shall meet all state requirements, including but not limited to, limitations on number of members, number of plants, amount of usable cannabis on site, and maintenance of each member’s valid documentation of qualifying patient status. 20.44.420 Definitions Adopted. The City hereby adopts those definitions and meanings related to medical cannabis and collective gardens set forth in RCW 69.51A.010, or as amended. 20.44.430 Location and Visibility. (a) No more than one collective garden shall be located on a single parcel. (b) No more than one collective garden shall be located in a single structure. (c) Each collective garden shall have a waiting period of thirty days from the time that any qualifying patient’s or designated provider’s membership ends and a new qualifying patient’s or designated provider’s membership begins. PLN20120013 AMC Title 20, Land Use Code Amendments – Medical Cannabis June 11, 2012 4 (d) Collective gardens shall be located fully within a legal permanent structure that complies with the City’s adopted building and fire codes regardless of the size or configuration of the structure. (e) No collective garden shall be located in a mobile structure. (f) No collective garden or medical cannabis operation shall be located within 500 feet, measured in a straight line from property boundary to property boundary, of the following facilities or established uses: 1. Another collective garden; 2. Public park (excluding the Centennial Trail); 3. Community center; 4. Elementary or secondary school (public and private); 5. Day care center; and 6. Youth-oriented facility. (g) No collective garden or medical cannabis operation shall be located within 100 feet, measured in a straight line from property boundary to property boundary of a residential or mixed-use zoning district. (h) No production, processing or delivery of cannabis shall be visible to the public from outside of the structure. 20.44.440 Public Safety and Welfare. (a) Collective garden operators and participants shall operate the collective garden in compliance with all adopted public safety and development regulations. (b) Collective garden operators and participants shall handle all fertilizers, chemicals, gases and other hazardous materials in compliance with all applicable local, state and federal regulations. Collective garden operators and participants shall not allow fertilizers, chemicals, gases or hazardous materials to enter a sanitary sewer or stormwater sewer system nor be released into the atmosphere outside of the structure where the garden is located. (c) Collective garden operators and participants shall not allow any odors to migrate beyond the interior portion of the structure where the garden is located. Staff Comment These amendments are consistent with legislation proposed by neighboring jurisdictions. See also attached map for permitted site-specific locations within the GI and LI zones. 4. Amendments to Title 5 – Business Licenses and Regulations Amend Title 5 to include new Chapter 5.50, Medical Cannabis Collective Garden Safety License. 5.50.010 Purpose. 5.50.020 License Required. 5.50.030 Application and Fee. 5.50.040 Renewal. 5.50.050 Revocation. PLN20120013 AMC Title 20, Land Use Code Amendments – Medical Cannabis June 11, 2012 5 5.50.060 Appeal and Hearing. 5.50.010 Purpose The purpose of the Medical Cannabis Safety License is to ensure the collective garden is: (a) Operated in a manner that protects the public’s safety, health and general welfare; and (b) Located in a structure that can safely accommodate the use and that has adequate mechanical systems and utilities for the use; 5.50.020 License Required (a) The collective garden operator shall obtain a Medical Cannabis Collective Garden Safety License prior to the start of operations of any medical cannabis collective garden. (b) The license must be on display on the premises at all times. 5.50.030 Application and fees (a) The City shall require fees as set forth by resolution for its activities in accordance with provisions of this chapter. The City Council may amend fees at any time by resolution. (b) Issuance of the license shall occur only after an inspection of the site by necessary staff that may include, but not limited to the Planning, Building, Public Works, and Fire and Police departments to verify that the collective garden has met the requirements of the municipal code, building code, fire code, and other applicable regulations. (c) If more than one site inspection is required to obtain approval, the garden operator or project proponent shall pay an additional inspection fee, as established by City Council resolution, before the City issues the license. (d) If all requirements for approval are satisfied, the City shall issue the Medical Cannabis Collective Garden Safety License prior to start of operations. 5.50.040 Renewal (a) The collective garden operator shall renew the Medical Cannabis Safety License annually. License renewal applications shall include the following information: 1. Completed renewal application form; 2. License renewal fee as established by City Council resolution; and 3. Contact person name, address, telephone number; (b) Necessary staff that may include, but not limited to, the Planning, Building, Public Works, and Fire and Police departments will conduct an annual inspection of the facility, before the City approves the renewal, to ensure that the collective garden continues to meet all applicable state and local requirements for a medical cannabis collective gardens. 5.50.050 Revocation If the license holder creates or allows a violation of any Arlington Municipal Code, the applicable department director may immediately suspend said license or permit until the license holder corrects the violation. The City may permanently revoke a license or permit for subsequent or on-going violations, or failure to correct violations. PLN20120013 AMC Title 20, Land Use Code Amendments – Medical Cannabis June 11, 2012 6 5.50.060 Appeal and Hearing Any person aggrieved by the action of the City in denying, refusing to renew, or revoking any license under this chapter shall have the right to appeal such action following the procedure set forth in AMC 20.20, Appeals, Variances, Interpretations. Staff Comment These amendments are to establish a licensing process for medical cannabis gardens and are consistent with legislation proposed by neighboring jurisdictions. !"`$ ?Ó ?Ô C| SR 530 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 TVEIT RD 188TH ST NE 207TH ST NE I-5 N OLYMPIC AVE PIONEER HWY E E HIGHLAND DR SR 9 47TH AVE NE 204TH ST NE 67TH AVE NE SR 531 I-5 MCELROY RD 59TH AVE NE 51ST AVE NE N WEST AVE SMOKEY POINT BLVD SMOKEY POINT BLVD BURN RD City of Arlington Medical Cannabis Overlay1000 foot exclusion area Maps and GIS data are distributed “AS-IS” withoutwarranties of any kind, either express or implied,including but not limited to warranties of suitability fora particular purpose or use. Map data are compiledfrom a variety of sources which may contain errorsand users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability ofany nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of thedata presented in the maps. Legen d Use Not Allowed (1000' buffer) Road Types State Highway State Route Arterial Collect or ´ kdk MedCa nnabis_100 0buffer_11x17_12.mxd 05/14 /2012 1 in = 2,400 feetScale: Da te: File: Drawn by: Streams and waterbodies courtes y of Snohomish County Dept of Information Systems, December 2009. Local roads Airp o rt Ra il line Re st are a Arlington Marysville !"`$ ?Ó ?Ô C| SR 530 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 TVEIT RD 188TH ST NE 207TH ST NE I-5 N OLYMPIC AVE PIONEER HWY E E HIGHLAND DR SR 9 47TH AVE NE 204TH ST NE 67TH AVE NE SR 531 I-5 MCELROY RD 59TH AVE NE 51ST AVE NE N WEST AVE SMOKEY POINT BLVD SMOKEY POINT BLVD BURN RD City of Arlington Medical Cannabis Overlay500 foot exclusion area Maps and GIS data are distributed “AS-IS” withoutwarranties of any kind, either express or implied,including but not limited to warranties of suitability fora particular purpose or use. Map data are compiledfrom a variety of sources which may contain errorsand users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability ofany nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of thedata presented in the maps. Legen d Use Not Allowed (500' buffer) Road Types State Highway State Route Arterial Collect or ´ kdk MedCanna bis_500buffer_11x17_12.mxd 05/14 /2012 1 in = 2,400 feetScale: Da te: File: Drawn by: Streams and waterbodies courtes y of Snohomish County Dept of Information Systems, December 2009. Local roads Airp o rt Ra il line Re st are a Arlington Marysville !"`$ ?Ó ?Ô C| Proposed allowed m edical cannabi s gardensin G eneral Industr ial zoned areas Proposed allowed m edical cannabis gardensin General Industrial zoned areas SR 530 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 TVEIT RD 188TH ST NE 207TH ST NE I-5 N OLYMPIC AVE PIONEER HWY E E HIGHLAND DR SR 9 47TH AVE NE 204TH ST NE 67TH AVE NE SR 531 I-5 MCELROY RD 59TH AVE NE 51ST AVE NE N WEST AVE SMOKEY POINT BLVD SMOKEY POINT BLVD BURN RD City of Arlington Medical Cannabis Overlay(General Industrial Zoning) Maps and GIS data are distributed “AS-IS” withoutwarranties of any kind, either express or implied,including but not limited to warranties of suitability fora particular purpose or use. Map data are compiledfrom a variety of sources which may contain errorsand users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability ofany nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of thedata presented in the maps. Legen d Proposed Allowed Use Road Types State Highway State Route Arterial Collect or ´ kdk MedCanna bis_GI_11x17_12 .mxd 05/14 /2012 1 in = 2,400 feetScale: Da te: File: Drawn by: Streams and waterbodies courtes y of Snohomish County Dept of Information Systems, December 2009. Local roads Airp o rt Ra il line Re st are a Arlington Marysville !"`$ ?Ó ?Ô C| Propo sed allowed m edicalcannabis ga rde ns in General Industria land Light Industrial zo ned area s Pro posed allowed medicalcannabis gardens in Gener al Industrialand Light Industrial zoned ar eas Proposed allowed medicalcannabis gardens in Gener al Industrialand Light Industrial zoned ar eas SR 530 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 TVEIT RD 188TH ST NE 207TH ST NE I-5 N OLYMPIC AVE PIONEER HWY E E HIGHLAND DR SR 9 47TH AVE NE 204TH ST NE 67TH AVE NE SR 531 I-5 MCELROY RD 59TH AVE NE 51ST AVE NE N WEST AVE SMOKEY POINT BLVD SMOKEY POINT BLVD BURN RD City of Arlington Medical Cannabis Overlay(General Industrial andLight Industrial Zoning) Maps and GIS data are distributed “AS-IS” withoutwarranties of any kind, either express or implied,including but not limited to warranties of suitability fora particular purpose or use. Map data are compiledfrom a variety of sources which may contain errorsand users who rely upon the information do so at theirown risk. Users agree to indemnify, defend, and holdharmless the City of Arlington for any and all liability ofany nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of thedata presented in the maps. Legen d Proposed Allowed Use Road Types State Highway State Route Arterial Collect or ´ kdk MedCa nnabis_GILI_11x17_12.mxd 05/14 /2012 1 in = 2,400 feetScale: Da te: File: Drawn by: Streams and waterbodies courtes y of Snohomish County Dept of Information Systems, December 2009. Local roads Airp o rt Ra il line Re st are a Arlington Marysville City of Arlington Council Agenda Bill Item: WS #8 Attachment G COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Workshop – Revised Ordinance adopting incentives for Economic Development ATTACHMENTS Draft Revised Ordinance DEPARTMENT OF ORIGIN Community Development/Executive EXPENDITURES N/A BUDGET CATEGORY N/A LEGAL REVIEW: DESCRIPTION: This revised ordinance would include the Neighborhood Commercial Zone (NC) in the incentive for Economic Development. HISTORY: On April 2, 2012 Council adopted Ordinance 2012-0006 which temporarily suspended transportation impact fees and utility connection charges created when a commercial building changes use. As staff started working with the new ordinance, we found an oversight. The Neighborhood Commercial Zone (NC) could benefit from inclusion in the incentive. The NC zone was left out and we would like to include it in the incentive. ALTERNATIVES RECOMMENDED MOTION: Work Session Only. This ordinance will be scheduled for consideration at the next regular Council meeting on June 18, 2012. ORDINANCE NO. 2012-006 1 CITY OF ARLINGTON ORDINANCE NO. 2012-xxxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON TEMPORARILY SUSPENDING TRANSPORTATION IMPACT FEES AND UTILITY HOOKUP CONNECTION FEES RELATING TO CHANGES IN USE, AND CONTAINING A SUNSET PROVISION FOR THE EFFECTIVE TERM OF THE ORDINANCE WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens; and WHEREAS, the City of Arlington wishes to encourage commercial development that is consistent with the City’s Comprehensive Plan while recognizing the unusual financial climate that exists currently; and WHEREAS, the City municipal code contains provisions assessing transportation impact fees and utility connection fees relating to changes in use which the City Council wishes to suspend temporarily for a period of time from the adoption of the ordinance until December 31, 2013; and WHEREAS, the City Council finds that suspension of the usual and customary fees is desirable for the specific purpose of attracting redevelopment and commercial growth in certain locations within the City; NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as follows: Section 1. Notwithstanding any other provision of the Arlington Municipal Code, the City temporarily suspends the imposition of transportation impact fees and utility connection fees under AMC 20.90.040 and AMC Chapter 13.12, respectively, when the following circumstances apply: (a) The assessment of the fee is solely the result of a change to a land use category that results in a higher fee; (b) The project will not add, increase or expand the gross floor area of an existing building, or increase water meter size (c) The project is only a change in use, renovation or remodeling of an existing structure or structures; (d) The project is not a redevelopment project or other project in which existing structures are replaced or substantially redeveloped by dollar amounts greater than 60% of the building value; (e) For utility connection fees only, the property is serviced by City of Arlington utilities and is located in areas zoned Neighborhood Commercial (NC), General ORDINANCE NO. 2012-006 2 Commercial (GC), Highway Commercial (HC), or Old Town Business District (CBD); and (f) The project is one for which a complete building application is filed with the City between May July 1, 2012 and December 31, 2013. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. The title of this ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The ordinance shall take effect and be in full force five (5) days after the date of publication; provided, however, that unless extended by act of the City Council, this ordinance shall automatically expire on December 31, 2013. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____ DAY OF _____________, 2012. CITY OF ARLINGTON By___________________________________ Barbara Tolbert, Mayor Attest: ________________________________ Kristin Banfield, City Clerk Approved as to form: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #9 Attachment H COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Review of City Owned Property ATTACHMENTS: Inventory Spreadsheet DEPARTMENT OF ORIGIN Executive – Contact Paul Ellis EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: DESCRIPTION: Attached is inventory of the city owned property for Council review. The attached spread sheet is color coded and grouped according to the property’s current use or its intended function. When available the assessed value of the property is included according to the 2011 Snohomish County assessment. HISTORY: Since its incorporation in 1903, the City has acquired property for various uses. ALTERNATIVES RECOMMENDED MOTION: Discussion Item City property Inventory Parcel Number Address Assessed Value Current Use Property Size (Acreage)Group 31051600400900 19023 47th Avenue NE $12,086,500.00 Old mill site 75.47 Airport 31051500401205 18930 59th Avenue NE $535,000.00 Shop area (lot 88)buildings only Airport 31051500405204 19009 62nd Avenue NE $525,000.00 Airport Industrial buildings only Airport 31051500401203 unknown $321,000.00 Airport Industrial buildings only Airport 31051500202400 5530 Cemetery Rd $1,054,200.00 Runway protection 4.07 Airport 00792500299900 unknown $416,500.00 Airport Industrial (Lots 45/46)2.74 Airport 31051500300100 unknown $26,139,000.00 Airport Ind. (Lots 44, 47-59, 62, 64-65)144.64 Airport 01029500099900 unknown $152,000.00 Airport Industrial (lot 399)unknown Airport 00448200000100 unknown $26,989,100.00 Airport Industrial Lots 23-30B 177.56 Airport 00797100099900 unknown $138,300.00 Airport Industrial Lot 63 0.91 Airport 31052200103100 18513 59th Avenue NE $3,777,600.00 Boys & Girls Club 19.35 Airport 31051500401204 19009 62nd Avenue NE $627,900.00 Airport rental building buildings only Airport 00465500000000 unknown $54,400.00 Old section unknown Cemetery 00378900000000 20310 67th Avenue NE $309,500.00 New secton 20.74 Cemetery 00378000000000 unknown $22,700.00 Robb section unknown Cemetery 00755300000100 unknown $25,000.00 Robb section 2.5 Cemetery 01114300000100 unknown $3,800.00 New section 0.01 Cemetery 00465500000000 unknown $54,400.00 Cemetery 0 Cemetery 31051500103000 unknown $2,400.00 Cemetery 0.24 Cemetery 00379000000000 unknown $22,700.00 Cemetery 0 Cemetery 00455400601900 135 N Washington $100,000.00 Library 0.2 Library 00455400601700 135 N Washington $84,000.00 Library parking 0.22 Library 00455400601400 116 N Washington $126,000.00 Mina property 0.31 Library 00378800800302 107 N Washington $500.00 Martin property 0.03 Library 00455400500500 107 N Washington $84,000.00 Martin property 0.21 Library 00455400601100 717 E First Street $212,900.00 Arnot property 0.31 Library 00455400500100 135 N Washington $872,000.00 Library 0.42 Library 31050100201900 604 E Gilman $1,147,800.00 Country Charm Park 149.75 Parks 31051100100600 105 Lebanon Ave $3,591,900.00 Lebanon Park 4.31 Parks 31050200400600 809 E Fifth Street $249,200.00 Terrace Park 31.66 Parks 31050100202200 Unknown $1,000.00 Rasar Island 1 Parks 00893800002900 7801 Jensen Farm Lane $20,700.00 Jensen Park 4.14 Parks 00875500099900 7801 Jensen Farm Lane $5,300.00 Jensen Park 2.77 Parks 00472500000809 3209 180th Street NE $60,000.00 York Park 0.38 Parks 00472500000808 3209 180th Street NE $60,000.00 York Park 0.38 Parks 00472500000807 3209 180th Street NE $60,000.00 York Park 0.38 Parks 00472500000806 3209 180th Street NE $158,000.00 York Park 0.56 Parks 30151100104600 Unknown $785,800.00 Trail section Legion North 0.087 Parks 00809200099800 Unknown $215,600.00 GleneagleTract E Div 2B Park 0.22 Parks 00832900099600 Unknown $4,000.00 Woodland RidgeTract D Park 1.96 Parks 00809200099800 Unknown $4,000.00 Gleneagle 2B Ph 1 Tract E Park 1.96 Parks 00847300001400 7801 Jensen Farm Lane $6,700.00 Jensen Park 6.67 Parks 00461804400000 1100 West Avenue $140,000.00 Haller Park 1.33 Parks 31051100104600 Unknown $776,700.00 Trail section Legion North 0.87 Parks 00738500201700 Unknown $60,000.00 Storm water 0.18 Storm Utilities 00738500102600 Unknown $60,000.00 Storm water 0.22 Storm Utilities 00738500201800 Unknown $60,000.00 Storm water 0.18 Storm Utilities 00769800001000 Unknown $1,600.00 Creek Jensen BP 0.81 Storm Utilities 00769800001100 Unknown $1,900.00 Creek Jensen BP 0.97 Storm Utilities 00792200002500 Unknown $2,000.00 Creek Jensen BP 0.99 Storm Utilities 00793300002600 Unknown $3,100.00 Creek Jensen BP 1.56 Storm Utilities 00847300001100 Unknown $174,000.00 Storm water 0.27 Storm Utilities 31051500401800 18810 67th Avenue NE $158,600.00 Storm pond 0.56 Storm Utilities 31051500401900 Unknown $93,400.00 Storm pond 0.33 Storm Utilities 01069900099700 Unknown $93,000.00 Storm water 67th / 172nd 0.52 Storm Utilities 31051100303900 Unknown $1,800.00 Stormwater 67th/Highland View 0.21 Storm Utilities 00461804500802 Unknown $60,700.00 Plant 0.21 W/WW Utilities 00461804500801 127 Cox $329,700.00 Plant 0.39 W/WW Utilities 00461804500100 Unknown $229,900.00 Plant 0.41 W/WW Utilities 00461804301100 208 W Cox $8,800.00 Round house 0.65 W/WW Utilities 00461804300600 Unknown $4,000.00 Stormwater wetlands 0.4 W/WW Utilities 00461804002400 Unknown $163,200.00 Plant 0.29 W/WW Utilities 00461804002202 115 Haller $101,100.00 Plant 0.15 W/WW Utilities 00461804001100 124 Cox $141,400.00 Plant 0.25 W/WW Utilities 00461804000800 120 Cox $141,400.00 Plant 0.25 W/WW Utilities 00461802900100 816 West Ave $6,765,400.00 Plant 2.24 W/WW Utilities 31050200300200 Cox Avenue $281,800.00 Stormwater wetlands 21.9 W/WW Utilities 31050200300400 Unknown $1,500.00 Stormwater wetlands 28.4 W/WW Utilities 31052500101700 Unknown $207,400.00 Stormwater 3.37 W/WW Utilities 31052500103000 17003 91st Avenue NE $763,600.00 Water tank 1.84 W/WW Utilities 31050800302200 Unknown $100.00 Pump station 0.02 W/WW Utilities 31051000404600 SR 530 NE $100.00 Pump station 0.04 W/WW Utilities 31051200300400 Unknown $60,000.00 Water tank 0.67 W/WW Utilities 00529900900101 Unknown $336,600.00 Parking Olympic/Division 0.31 Parking 00529900701200 Unknown $165,200.00 Parking 4th/Olympic 0.19 Parking 31051100100900 Unknown $228,100.00 Parking 3rd/West 0.32 Parking 00529900200500 Unknown $202,200.00 Parking Merchant's lot 0.31 Parking 00529900201600 Unknown $180,400.00 Parking Merchant's lot 0.21 Parking 00461801001500 Unknown $46,000.00 Haller area 0.23 Natural Resources 00893900099900 Unknown $1,000.00 Gleneagle area 0 Natural Resources 31051400303300 Unknown $7,200.00 South Jensen Ind. Pk area 7.15 Natural Resources 31051400303200 Unknown $5,300.00 South Jensen Ind. Pk area 5.31 Natural Resources 31051400203400 19701 74th Ave $950,000.00 74th 5 Natural Resources 31051400101700 Unknown $6,800.00 South Jensen Ind. Pk area 6.78 Natural Resources 31050200401200 Unknown $2,000.00 Old Town 0.04 Natural Resources 31052600203400 Unknown $3,000.00 RR 67th/172nd 0.05 Natural Resources 31050100302100 Unknown $1,000.00 Robinhood Drive 0.01 Natural Resources 31051400303400 Unknown $11,600.00 South Jensen Ind. Pk area 11.56 Natural Resources 31051400303500 Unknown $2,400.00 South Jensen Ind. Pk area 2.37 Natural Resources 31051100303900 Unknown $1,800.00 Stormwater 67th/Highlandview 0.21 Natural Resources 31051100103500 238 N Olympic Ave $2,458,000.00 City hall 0.18 Other 00378800501600 137 N MacLeod $397,000.00 Firehouse 46 0.69 Other 00378800501400 115 N MacLeod $191,000.00 Firehouse 46 parking lot 0.21 Other 31052100302800 17329 Smokey Pt. Blvd $393,500.00 Property purchased for 173rd 0.9 Other 00461801701000 SR9/Burke $70,000.00 Vacant lot SR9/Burke 0.11 Other 00793300002500 74th Dr NE $2,000.00 Vacant Lot 74th Ave 0.99 Other City of Arlington Council Agenda Bill Item: WS #10 Attachment I COUNCIL MEETING DATE: June 11, 2012 SUBJECT: Update to City Purchasing Policy ATTACHMENTS: Draft Updates DEPARTMENT OF ORIGIN Executive – Contact Paul Ellis EXPENDITURES REQUESTED: None BUDGET CATEGORY: None LEGAL REVIEW: DESCRIPTION: During last year’s audit, the State Auditor recommended some changes in the City’s adopted Purchasing Policy that would provide additional safeguards for city purchases. The attached edited version reflects the changes requested by the auditor. HISTORY: In October 2010, the City updated its Purchasing Policy to reflect changes in state requirements and establishing centralized purchasing. The goal of the centralized purchasing is to save on the cost of purchases and standardize the commonly used materials that each department needs. ALTERNATIVES RECOMMENDED MOTION: No action is requested at this time. At the June 18, 2012 Council meeting, Council will be asked to take action on a resolution that will adopt the revised City Purchasing Policy. Purchasing Policy 1 10-20-10 Exhibit A CITY OF ARLINGTON PURCHASING PROCEDURES Sections: I. Purpose. II. Policy statement. III. Definitions. IV. General provisions. V. Purchase of materials, supplies or equipment. VI. Public works projects. VII. Services. VIII. Interlocal joint purchasing agreements. IX. Real property acquisition. I. Purpose. This policy is intended to direct the purchase of goods and services at a reasonable cost, using an open, fair, documented and competitive process whenever reasonable and possible. The integrity, efficiency, and effectiveness of Arlington's procurement functions are critical elements of sound government. II. Policy statement. A. The city desires a fair and open process for procurement of goods and services that is free from the potential for bias and conflict of interest. In addition, the city desires consistent and appropriate practices for solicitations and contracting. All procurements of goods and services shall provide the city with the best quality and best value. All purchases are to be made within budgetary limitations and for the purpose of the goals and objectives approved in the city's budget. Any purchase made that is not within budgetary limits and the City's commitment authority shall be pre-approved through a budget amendment process. All purchases made by the city shall ultimately be approved by the city council through the voucher approval process. B. All City of Arlington departments shall make a good faith effort to purchase goods within the city when they are available and suitable to city needs at a price that is competitive. Departments are expected to procure goods and services that are of high quality and that perform for their intended purpose, and to use good judgment during the procurement process. Items will be purchased locally if they are less than $2,500 and within 10% of the lowest price available at the time quotes are received. Items that are valued over $2,500 will be purchased on a competitive basis. C. The finance department is charged with developing administrative procedures to implement this policy. Procedures should ensure the fiscal responsibility of the city in expending resources for goods and services for city operations. The procurement procedures of the city shall be based on guidelines provided in the Revised Code of Washington, by the State Auditor's Office, and by Municipal Research Services Center. Purchasing Policy 2 10-20-10 D. The purchasing procedures of this policy govern the purchase of supplies, materials and equipment, nonprofessional and professional services, and public works contracts. These policies establish a small works roster process to award public works contracts. The small works roster procedures are established for use by the city, pursuant to RCW 35.23.352, 35A.40.210 and Chapter 39.04 RCW. Leases of equipment or other personal property shall follow procedures for purchase of goods, with the aggregate of lease payments used in lieu of purchase price. Purchase or lease of real estate, franchise agreements, and intergovernmental or interlocal agreements will be entered into in accordance with state law. D.E. Each City Department purchases specialty items unique to their function and items that are purchased Jjust -in -time to make necessary repair or to keep equipment and amenities in safe a good working order. All department directors will make good faith effort to utilize a central purchasing for purchases of consumable good and reoccurring purchases. This will ienable the best value by combining orders and purchasing in bulk on in larger quantities when possible. III. Definitions. A. "Architectural and engineering services" means professional services rendered by any person, other than a city employee, to perform activities within the scope of the professional practice of architecture (Chapter 18.08 RCW), professional practice of engineering and land surveying (Chapter 18.43 RCW), and/or professional practice of landscape architecture (Chapter 18.96 RCW). B. “Contract Authorization Summary” outlines the levels at which managers, directors, or the Mayor may commit the City to a contract. Attached as Exhibit B. C. "Formal competitive bid" is the process of advertising and receiving sealed written bids from perspective vendors. The selection of the vendor is primarily based on the lowest cost from a responsible vendor. D. "Informal competitive quotes" are price quotes from vendors that are obtained using a variety of mediums such as phone, fax, e-mail, or writing. Results must be documented. The selection of the vendor is primarily based on the lowest cost from a responsible vendor. E. "Interlocal agreements" are the exercise of governmental powers in a joint or cooperative undertaking with another public agency. F. "Life cycle cost" means the total cost of an item to the city over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life. G. "Nonprofessional services" are services that are purchased by the city for which the contractor receives specific instructions and guidance from the city and does not meet the definition of professional services, architectural and engineering services, or public works projects. Examples include machine repair, debt collection services, temporary service agencies, credit card services, equipment service agreements, auctioning services, delivery services, inspections, advertising, etc. Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Indent: Left: 0.5", Space After: 10 pt, Line spacing: Multiple 1.15 li, No bullets or numbering, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Purchasing Policy 3 10-20-10 H. "On-call contract" means a contract that is awarded with general provisions for the services to be rendered. As services are to be rendered, specific task orders are initiated that are to be completed by the contracting firm. I. “Ordinary maintenance" is work not performed by contract and that is performed on a regularly scheduled basis (e.g., daily, weekly, seasonally, semiannually, but not less frequently than once per year), to service, check, or replace items that are not broken; or work not performed by contract that is not regularly scheduled but is required to maintain an asset so that repair does not become necessary. J. “Prevailing Wage” is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by the Department of Labor & Industries, for each trade and occupation employed in the performance of public work. They are established separately for each county, and are reflective of local wage conditions. K. "Professional services" are services provided by consultants that provide highly specialized, generally one-time expertise to solve a problem or render professional opinions, judgments or recommendations. The labor and skill involved to perform these types of services are predominately mental or intellectual, rather than physical or manual. Examples include graphics design, advertising, analysis, financial expertise, accounting, artists, attorneys, bond brokers, computer consultants, insurance brokers, economists, planners, real estate services, etc. This term does not include architectural and engineering services. L. “Public work," as defined in RCW 39.04.010, means a complete project, and includes all work, construction, alteration, repair or improvement other than ordinary maintenance, executed at the cost of the city or which is by law a lien or charge on any city property. Public work projects include the related materials, supplies and equipment to complete the project. For purposes of this policy, the term “public work” may include contracts for maintenance of city facilities or real property (i.e. janitorial services). M. "Request for proposals (RFP)" means a process that requests interested firms to submit a statement of their proposal for completing a project. Proposals are then evaluated based on the idea, including originality, suitability, practicality, expertise, etc. Proposals may be selected based on the quality of the proposal, experience, cost, and references. N. "Request for qualifications (RFQ)" means a process that requests interested consultants to submit a letter of interest and a statement of their qualifications. Consultants are evaluated upon their qualifications, expertise, and references. Cost cannot be a consideration until after a consultant has been selected at which point the price may be negotiated. O. "Small works roster" is a roster of qualified contractors maintained for use in a modified formal bid process. When the contract amount for a public works project is within the limits set forth by RCW 39.04.155, a city may follow the small works roster process for construction of a public work or improvement as an alternative to formal competitive bid requirements. P. “Small Works Roster Manual for Local Goverments” is a manual prepared by the Municipal Research & Service Center of Washington (MRSC) that contains state laws and regulations regarding small works contracting. IV. General provisions. Purchasing Policy 4 10-20-10 A. Federal or State Funds. When procurement involves the expenditure of state or federal funds or grants, purchasing shall be conducted in accordance with any applicable federal or state laws or regulations. Grant funded projects may have additional regulations required for expending federal and state funding. B. Breaking Down or Splitting Purchases. The breaking down, or splitting, of any purchase or contracts into units of phases for the purpose of avoiding the maximum dollar amount is prohibited. C. Emergency Procurements. Notwithstanding any other provisions of this policy, the mayor or designated agent may make or authorize others to make emergency procurements of materials, supplies, equipment, or services without complying with the requirements of this section when there exists a threat to public health, welfare, or safety or threat to proper performance of essential functions; provided, that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. As soon as practicable, a record of each emergency procurement shall be made and shall set forth the contractor's name, the amount and type of the contract, and listing of the item(s) procured under the contract, which shall be reported to the city council at the next subsequent meeting. The city must showproduce a negotiated contract for each emergency purchase within fourteen (14) days of procurement or the work being preerformed. D. Amendments and Change Orders. a. Amendments or change orders to contracts, including interlocal agreements, which result in the final contract amount in excess of purchase limits identified in this policy may be administratively approved if the changes are: i. Within the scope and budget of the project or purchase; ii. Executed in writing; iii. The amount in excess of the mayor's purchase limits, shown in Exhibit B, will not exceed the mayor's authority for non-budgeted capital or operating expenditures as defined in the Contract Authorization Summary adopted by City Council or the approved project budget, whichever is greater. b. Contract amendments that are strictly a change in contract expiration date may be administratively approved by the Department Director. c. The value of all change orders will be aggregated, and when any single amendment or combination of change orders on the same project or purchase exceeds the limit under subsection (D)(a)(iii) of this section the change must be approved by the city council, except: i. For service contracts to accomplish an ongoing city program rather than a discrete project, the aggregation of administrative change orders shall be recalculated after each contract year; and ii. Where the size of the contract makes it probable that administrative change order authority will be quickly exhausted, the city council may, upon recommendation of the mayor, extend the aggregate limits of subsection (D)(a)(iii) of this section upon award of the particular contract. Purchasing Policy 5 10-20-10 E. Signature Authority. The Mayor may delegate his/her signature authority to other city employees (City Administrator, Department Director, Division Manager) as deemed appropriate. V. Purchase of materials, supplies or equipment. A. Purchasing Limitations. Purchase limitations apply to the cost of individual items or the sum of the same items purchased at the same time to fulfill a specific business need, which are not part of a public works project as defined by RCW 39.04.010 and these policies. Cost is inclusive of sales tax, delivery charges and any related miscellaneous charges. Limits shown and processes identified in the Commitment Authority shall be followed when authorizing the acquisition of materials, supplies or equipment. a. Purchases Less Than $7,500. Purchases of materials, supplies, or equipment, where the cost is under $7,500, do not require formal competitive quotes or purchase orders. B. Exceptions to Purchasing Limitations. The mayor is authorized to allow open market purchases without obtaining the regularly required competitive quotes or bids under the following conditions: a. Surplus or Distress Sale. When it is possible to procure obvious bargains through the procurement of surplus or distress material, supplies or equipment. b. Auctions. RCW 39.30.045 authorizes the city to acquire supplies, materials, and equipment through an auction conducted by the United States or any agency thereof, an agency of the state of Washington, a municipality or other government agency, or any private part, without quotations or bids, if the items to be purchased can be obtained at a competitive price. c. Items for Quick Delivery. When the obtaining of competitive bids or quotations will cause delay resulting in an appreciable loss to the city. d.c. Interlocal Joint Purchasing Agreements. Materials, equipment, supplies and. services may be purchased under RCW 39.34.080 using joint purchasing agreements with a city, county, state or other public agency where bid requirements of this policy have been followed by the cooperating agency in obtaining bids. e.d. Sole Source Procurement. A contract for the purchase of materials, supplies, or equipment may be awarded without complying with the bidding requirements of this policy when the department director determines in writing, subject to the approval of the mayor, after conducting a good faith review of available resources, that there is only one source of the required materials, supplies, or equipment. The department director or his/her designee shall conduct negotiations, as appropriate, as to price, terms, and delivery time. To comply with RCW 39.04.020, a record of sole source procurement shall be recorded with the County Auditor that lists each contractor's name, the amount and type of each contract, and a listing of the item(s) procured under each contract. f.e. No Bids or Quotations Received. When no bids or quotations are received in response to an invitation to bid or request for quotations, the department director or his/her designee is authorized to procure the required item through direct Purchasing Policy 6 10-20-10 negotiations with a vendor or to rebid as the mayor or designee deems appropriate. C. Informal Competitive Quotes. a. A city representative shall make an effort to contact at least three vendors. The number of vendors contacted may be reduced if the item being sought is only available from a smaller number of vendors. When fewer than three quotes are requested or if there are fewer than three replies, an explanation shall be placed in the procurement file. b. Whenever possible, quotes will be solicited on a lump sum or fixed unit price basis. c. At the time quotes are solicited, the city representative shall not inform a vendor of any other vendor's quote. d. A written record shall be made by the city representative of each vendor's quote on the materials, supplies, or equipment, and of any conditions imposed on the quote by such vendor. e. All of the quotes shall be collected and presented at the same time to the appropriate designee as appropriate for consideration, determination of the lowest responsible vendor and award of purchase. f. Whenever there is a reason to believe that the lowest acceptable quote is not the best price obtainable, all quotes may be rejected and the city may obtain new quotes or enter into direct negotiations to achieve the best possible price. In this case, the department shall document, in writing, the basis upon which the determination was made for the award. g. All purchases of over $2,500 will have a completed and approved Capital Outlay Form submitted to the finance department prior to the purchase of materials, supplies, or equipment is executed. D. Formal Competitive Bid – Materials, Supplies, or Equipment over $7,500 a. General. Unless otherwise specifically approved by the city council, all contracts relating to the purchase of materials, equipment, or supplies shall be in accordance with the Commitment Authority. b. Invitation for Bids. An invitation for bids shall be issued which shall include the specifications and the contractual terms and conditions applicable to the procurement. c. Public Notice. Public notice of the invitation for bids shall be published at least once in a newspaper of general circulation within the city, not less than 13 calendar days prior to the date set forth therein for the opening of bids, unless for good cause shown, the city council authorizes a different period of time. The public notice shall state the date and time of bid opening. Bids not received by the date and time stated for bid opening will not be accepted or considered. d. Bid Opening. Bids shall be opened publicly and recorded at the time and place designated in the invitation for bids. e. Withdrawal of Bids - Cancellation of Awards. Bids may be modified or the bid may be withdrawn by written notice received in the office designated in the invitation for bids prior to the time set for opening. After bid opening, withdrawal of bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence presented in a sworn affidavit or declaration submitted no Purchasing Policy 7 10-20-10 later than 5:00 p.m. on the first business day after bid opening, that a clerical mistake was made and not a mistake in judgment, and the bid price actually intended. All decisions to permit the withdrawal of bids after bid opening, or to cancel awards or contracts based on bid mistakes, shall be made by the mayor after consulting with legal counsel. f. Award. The City Council shall award purchases for amounts greater than or equal to the limits as identified in the Commitment Authority. The award of bid shall be made to the lowest responsible bidder whose bid meets the specifications and evaluation criteria set forth in the invitation for bids. The city may reject all bids at its discretion. g. All purchases of over $2,500 will have a completed and approved Capital Outlay Form submitted to the finance department prior to the purchase of materials, supplies, or equipment. E. Lowest Responsible Vendor. The following factors, in addition to price, may be taken into account by the city in determining the lowest responsible vendor; these criteria shall also apply in selecting products or services either offered with, or associated indirectly with, City programs or facilities: a. Any preferences provided by law to local products and vendors; b. The ability, capacity, and skill of the vendor to perform the contract; c. The character, integrity, reputation, judgment, experience, and efficiency of the vendor; d. Whether the vendor can perform the contract within the time specified; e. The quality of performance of previous contracts or services; f. The previous and existing compliance by the vendor with laws relating to the contract; g. Such other information as may be secured having a bearing on the decision to award the contract. F. Life Cycle Costing. In considering the purchase of materials, equipment, supplies, whenever there is a reason to believe that applying the "life cycle costing" method of quote evaluation would result in the lowest total cost to the city, first consideration shall be given to purchases with the lowest life cycle cost which complies with the specifications. G. Recycled Products. The city shall also seek to maximize purchase of products using recycled materials and products suitable for recycling, unless the purchase will result in an unreasonable increase in price or degradation of quality or performance over comparable products. VI. Public works projects. A. Purchasing Procedures. Procedures for any public work or improvement shall be governed by RCW 35.23.352. At such time as the City’s population exceeds twenty thousand, purchases shall be governed by RCW 35.22.620.(RCW 35A.40.210) Cost for a public works project includes all amounts paid for materials, supplies, equipment, and labor on the construction of that project which is inclusive of sales tax, unless exempted by law. Purchasing Policy 8 10-20-10 B. Purchasing Limitations. The mayor may authorize the purchase and execution of public works projects equal to or less than the dollar threshold for small works projects as provided under RCW 39.04.155 as amended. C. Competitive Bids. "Craft" or "trade" means a recognized construction trade or occupation for which minimum wage categories are established by the Department of Labor and Industries of the State of Washington in the locality of the city's projects or purchases. a. Projects for single craft or multiple crafts with a reasonably anticipated price equal to or less than the dollar thresholds as provided under RCW 35.23.352, as amended, do not require the use of competitive quotes or bids.. All purchases require an executed contract. b. Projects for single craft or multiple crafts with a reasonably anticipated price higher than the dollar thresholds as provided under RCW 35.23.352, as amended, up to the limits set forth by RCW 39.04.155 as amended shall either use the small works roster or a formal competitive bid procurement process. All purchases require an executed contract. c. Projects with a cost in excess of the maximum dollar threshold as provided in RCW 35.23.352, as amended, require a formal competitive bid process. The city council shall authorize these purchases and provide authority for the mayor to execute the related contract. All purchases require an executed contract. D. Small Works Roster. There is established for the city of Arlington a small works roster contract award process for accomplishment of public works projects with an estimated value threshold as provided under RCW 39.04.155, as amended. The city may create a single small works roster, or may create small works rosters for different categories of anticipated work. a. Roster List. The Public Works department shall establish the small works roster or rosters which shall consist of all responsible contractors who have requested to be on the list, and where required by law, are properly licensed or registered to perform such work in the state of Washington. b. Publication. At least once a year, the city shall publish in a newspaper of general circulation within the city the notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. The city may require master contracts to be signed that become effective when a specific award is made using a small works roster. An interlocal contract or agreement between the city of Arlington and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions. c. Prequalification and Appeal. Any contractor whose request to be on the list has been denied may appeal, within 10 days after the denial by the Public Works department to the mayor, and the mayor will make a decision within 30 days of the notice of appeal. Any contractor whose appeal to be on the list has been denied by the mayor may appeal, within 10 days after the denial by the mayor, to the city council, and the city council shall hold a hearing on the issue and make a decision within 45 days of the notice of appeal. A denial that is not appealed or Purchasing Policy 9 10-20-10 that is appealed and results in a final decision against the contractor prevents the contractor from applying to be on the list for a period of one year from the initial application. d. Process. Whenever work that has received city council approval in the current budget, or otherwise been approved by the city council, is sought to be accomplished using a small works roster, a city representative shall obtain telephone, written or electronic quotations from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder as follows: i. A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This paragraph does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. ii. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. If the estimated cost of the work is $200,000 or more but less than or equal to the dollar threshold for small works projects as provided under RCW 39.04.155, as amended, the city may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The city has the sole option of determining whether this notice to the remaining contractors is made by: 1. Publishing notice in a legal newspaper in general circulation in the area where the work is to be done; 2. Mailing a notice to these contractors; or 3. Sending a notice to these contractors by facsimile or other electronic means. iii. For purposes of this policy, "equitably distribute" means that the city may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the city representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project. iv. A written record shall be made by the project manager of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. v. At least once every year a list of the contracts awarded under this process are to be furnished to the city council and made available to the general Purchasing Policy 10 10-20-10 public. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. E. Determining Lowest Responsible Bidder. Where bidders have not been prequalified, the city shall award the contract for the public works project to the lowest responsible bidder; provided, all bids may be rejected and the city may call for new bids. F. Cancellation of Invitations for Quotations or Bids. An invitation for quotations or bids may be canceled at the discretion of the department director. The reasons shall be made part of the contract file. Each invitation for quotations or bids issued by the city shall state that the invitation may be canceled. Notice of cancellation shall be sent to all parties that have been provided with a copy of the invitation. The notice shall identify the invitation for quotations or bids and state briefly the reasons for cancellation. G. Limited Public Works Process. The city may use the limited public works process to award public works projects as provided under RCW 39.04.155, as amended. H. Formal Competitive Bid. For public works not using a small works roster, the formal competitive bid process, as defined by RCW, shall be used. I. Bid Deposit, Performance Bond and Noncollusion Affdavit for Public Works Improvement Projects. Whenever competitive quotes or bids are required, a bidder may be required make a deposit in the form of a certified check or bid bond in an amount equal to not less than five percent of the total bid, which percentage shall be specified in the call for bids. As part of any bid submitted, the bidder shall be required to warrant that the bid is a genuine bid, and that he/she has not entered into collusion with any other bidder or any other person. All public works contractors shall furnish a performance bond in an amount equal to the total amount of the contract and an executed and notarized noncollusion affdavit on a form approved by the city attorney. In lieu of a performance bond on contracts of $35,000 or less, per RCW 39.08.010, a contractor may choose to have 50 percent of the contract retained for a period of 30 days after the date of final acceptance. VII. Contracts and Agreements for Services. A. Purchasing Limitations. Purchase limitations apply to the cost related to the acquisition of services to fill a specific business need. Cost is inclusive of any required sales tax and related expenses. i. All initial agreements with governmental agencies require council approval; annual renewal or extension of existing contracts and agreements require the mayor's approval. ii. Contracts and Agreements under $20,000 can be executed by department directors or designee; and contracts/agreements above $20,000 can be executed by the Mayor or designee. B. On-Call Service Contracts. On-call service contracts will be procured with the processes identified in subsection C below. Individual task orders of on-call service contracts shall not exceed $50,000. C. Process. Purchasing Policy 11 10-20-10 i. Architectural, Landscape Architectural, and Engineering Services Contracts. Procedures set forth in Chapter 39.80 RCW shall be followed for contracts for architectural and engineering services, as defined in RCW 39.80.020. 1. Roster. Annually the city will publish in advance the anticipated city's requirements for architectural, landscape architectural, and engineering services and its acceptance of statements of qualifications for contractors interested in providing these services. 2. Contracts Less Than $100,000. Contracts that have an estimated cost of less than $100,000 can be procured using an informal request for qualification process. This process requires the city representative to develop a written scope of the project and any criteria used to select the service provider and then select a qualified contractor from the city's architectural, landscape architectural, and engineering service roster. If the city representative does not choose to use the appropriate roster, then a formal request for qualification process must be followed. 3. Contracts Greater Than $100,000. Contracts that have an estimated cost in excess of $100,000 must use a formal request for qualification (RFQ) process. The development of an RFQ along with the proper public notification shall be made in accordance with procedures adopted by the finance department in the best interest of the city; provided, however, that the mayor may in the following circumstances waive the RFQ process for contracts greater than $100,000, and allow the acquisition of services from the city's architectural, landscape architectural and engineering services roster: a. It is deemed in the best interest of the city to expedite the acquisition of services; or b. It can be demonstrated that there are sufficient consultants on the roster that possess the required qualifications to perform the scope of work; or c. A consultant on the city's roster has previously provided satisfactory service to the city, has previously provided services related to the specific project, and has the qualifications to perform the scope of work. 4. Contract Required. A contract is required to purchase architectural, landscape architectural, and engineering services. ii. Professional and Nonprofessional Services (Services which are not Architectural, Landscape Architectural, and Engineering Services). 1. Contracts Less Than $100,000. Contracts that have an estimated cost of less than $100,000 can be procured using an informal request for proposal process. This process requires the city representative to develop a written scope of the project and any criteria used to select the service provider. The city representative will use this information when selecting the contractor to provide the services. Multiple proposals are optional and at the discretion of the department director. Purchasing Policy 12 10-20-10 If multiple proposals are used to make a selection, a standard process must be used for obtaining all proposals. 2. Contracts in Excess of $100,000. Contracts that have an estimated cost in excess of $100,000 shall be procured using a formal request for proposal (RFP) process. The development of an RFP along with the proper public notification shall be made in accordance with procedures adopted by the finance department in the best interest of the city. 3. Contract Required. A contract is required to purchase professional and nonprofessional services. D. Sole Source Procurement. A contract for the provision of services may be awarded without complying with the bidding requirements of this policy when the department director determines in writing, subject to the approval of the mayor, after conducting a good faith review of available resources, that there is only one source of the required materials, supplies, or equipment. The department director or his/her designee shall conduct negotiations, as appropriate, as to price, terms, and delivery time. To comply with RCW 39.04.020, a record of sole source procurement shall be recorded with the County Auditor that lists each contractor's name, the amount and type of each contract, and a listing of the item(s) procured under each contract. VIII. Interlocal joint purchasing agreements. A. Cooperative Purchasing. The city may enter into interlocal governmental cooperative purchasing arrangements with other public agencies similarly authorized under RCW 39.34.030 when the best interests of the city of Arlington would be served thereby. Any cooperative purchasing agreement shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties and shall be governed by the requirements of state law in regard to competitive bidding, when applicable. The competitive bid process of the original jurisdiction shall substitute for Arlington's. All interlocal joint purchasing agreements shall be presented to the city council for prior approval. IX. Real property acquisition. A. Real Property - Mayor's Acquisition Authority. The mayor or designee is authorized, in the following instances, to accept by gift or acquire dedications, easements, rights- of-way, fee estates or other interests in real property for use by or on behalf of the city or any department of the city: i. Minor Acquisitions. Any such acquisition where the estimated value is less than $10,000. ii. All other real property acquisitions will be submitted to the council for approval. B. Real Property Mayor's Leasing Authority. i. The mayor or designee is authorized to execute leases of real property on behalf of the city where the term of the lease does not exceed one year and the consideration does not exceed $10,000 per year as budgeted by the council. ii. A lease that exceeds the limits stated in subsection (B)(i) of this section, shall be submitted to the council for approval.