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HomeMy WebLinkAbout06-18-2012_Council Meeting Arlington City Council June 18, 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 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 4 and June 11, 2012 Council Meetings ATTACHMENT A 2. Accounts Payable 3. Resolution Updating the City’s Purchasing Policy ATTACHMENT B PUBLIC HEARING 1. Amendments to AMC 20.40 – Zoning for Gambling Establishments ATTACHMENT C NEW BUSINESS 1. Ratification of Appointment of Kay Duskin to the Civil Service Commission ATTACHMENT D 2. Ordinance Approving the Star Annexation ATTACHMENT E 3. Ordinance suspending Impact Fees for Transportation and Connection Fees for Utilities in the Neighborhood Commercial zone ATTACHMENT F 4. Authorize the Mayor to sign the Plat Completion Agreement with Cornerstone Development for the Eagle Heights plat ATTACHMENT G 5. Authorize staff to bid a project to install the final lift in the Magnolia Meadows subdivision ATTACHMENT H SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. 6. Authorize staff to bid a project that will lower the Burn Road Water 12-inch Main to accommodate a Snohomish County culvert replacement project ATTACHMENT I DISCUSSION ITEMS 1. Phone System Replacement ATTACHMENT J 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 2 Council Chambers 110 East Third June 6, 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, Police Chief Nelson Beazley, Jim Kelly, Eric Scott, Cristy Brubaker, Jan Bauer, and Steve Peiffle – City Attorney Also Known to be Present: Maxine Jenft and Sarah Arney – North County Outlook 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 regarding his dissatisfaction with the U.S. political situation. Dwayne Wilcox, builder of hangers at the airport, voiced his frustration with working with the expense he has experienced working with the City and the reluctance to release his bonds. Kevin Duncan Arlington Flight services asked for support and approval of the development an Airport Business Plan. CONSENT AGENDA Marilyn Oertle moved and Ken Klein seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the May 21 and May 29, 2012 Council Meetings 2. Accounts Payable Electronic Payments and Payroll Checks #27546 through #27565 dated May 1, 2012 through May 31, 2012 in the amount of $1,108,998.43, and Electronic Payments and Claim Checks #76872 through #76951 for the period of May 22, 2012 through June 4, 2012 for $263,493.74. PUBLIC HEARING There was no Public Hearing. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Renew Interlocal Agreement with Snohomish Regional Drug & Gang Task Force Police Chief Nelson Beazley briefly spoke to the Agreement request. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT June 6, 2012 Page 2 of 2 Steve Baker moved to authorize the Mayor to sign the Interlocal Agreement with Snohomish Regional Drug and Gang Task Force. Marilyn Oertle seconded the motion that passed with a unanimous vote. Award of Airport Blvd. Phase 1A Construction Contract to the Apparent Low Bidder City Engineer Eric Scott briefly spoke to the project and then answered Council questions. Debora Nelson moved to award the Construction Contract for Airport Blvd. Phase 1A to Reece Trucking for the amount of $1,143,953.61 and authorize the Mayor to sign the Contract, subject to review by the City Attorney. Randy Tendering seconded the motion that passed with a unanimous vote. Retail Competitiveness Analysis: Shea Carr Jewell Contract Amendment #2 & McConkey Study Paul Ellis and Jim Kelly addressed the need to update the City’s Transportation Comprehensive Plan and the proposed agreement, also the McConkey Study. He noted that the added tax was in error and the total will not include a sales tax, thus will stay at $6,000. Mr. Ellis then addressed Council concerns. Marilyn Oertle moved to approve and authorize the Mayor to sign Amendment #2 to the Shea Carr Jewell Transportation Comprehensive Plan Contract, and to accept the McConkey Proposal and authorize staff to move forward with the competitive advantage study. Debora Nelson seconded the motion that passed with a unanimous vote. ADMINISTRATOR & STAFF REPORTS City Administrator Allen Johnson has returned after an extended absence, and he briefly spoke. MAYOR’S REPORT Mayor Tolbert had nothing to report. COUNCIL MEMBER REPORTS – OPTIONAL Ken Klein gave a brief report, while Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer and Steve Baker had nothing to report at this time. EXECUTIVE SESSION City Attorney announced that there would not be need for an Executive Session. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:26PM. ____________________________ Barbara Tolbert, Mayor Page 1 of 2 Council Chambers 110 East Third Street June 11, 2012 Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker, Mayor Tolbert, Kristin Banfield, Paul Ellis, Roxanne Guenzler, Julie Good, Police Officer Rory Bolter, Fire Chief Bruce Stedman, Firemen Ruffner, Hargroves, Abrahamson, and Kraski, Jim Kelly, Eric Scott, David Kuhl, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Council Members Absent: There were no members absent. Also Known to be Present: Maxine Jenft – Cemetery Board, Kay Duskin – candidate for appointment to the Civil Service Commission, 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 Steve Baker seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS – NO FINAL ACTION WAS TAKEN Recognition of Appointment to the Civil Service Commission Human Resources Analyst Julie Good introduced Kay Duskin, a candidate for the Civil Service Commission. Presentation Providing an Overview of Salary Surveys Julie Good gave a brief overview of the yearly City Salaries Update soon to be performed. Throughout the presentation Ms. Good answered Council questions. Kristin Banfield also addressed questions. Ms. Banfield addressed variables when dealing with labor unions and other situations. Presentation on Options for Fire Operations With the use of a power point presentation Fire Chief Bruce Stedman gave a presentation on Cooperative Fire Service Opportunities. He reviewed the terms, also definitions of fire department, district, and authority, and posed questions on operation and service, asking if taxpayer money would be saved. He reviewed cost per Assessed Value, base wages, fire service cost per person per year, whether this would provide equal or better service and whether citizens and council would maintain control. Throughout the presentation Chief Stedman answered many Council questions. The Council then provided direction for staff, suggesting that others present pertinent information at upcoming Council Workshops. Magnolia Meadows Paving Project & Request to Bid Public Works Director Jim Kelly spoke to the beginning development of Magnolia Meadows and the downfall thereof with their bankruptcy. This paving expense is unexpected and would come out of the transportation improvement fund. Mr. Kelly answered several Council questions regarding the bond release. Burn Road Water Main Lowering Project Request to Bid Mr. Kelly addressed the Burn Road water line which is in the County, and he spoke of the City’s involvement in the project. He then answered Council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting June 11, 2012 Page 2 of 2 Plat of Eagle Heights Engineer Eric Scott briefly addressed the Plat Completion Agreement between the City and the developer. Questions were answered at the conclusion of his presentation. Ordinance Amending the AMC Concerning Cannabis Collective Gardens Community Development Director David Kuhl presented a brief history of the cannabis collective gardens issue and noted the many questions, yet unanswered. He reviewed the outline material of suggested regulations, buffers, and moratorium. Modification to Ordinance Temporarily Suspending Transportation Impact Fees and Utility Connection Fees Mr. Kuhl reviewed the temporary suspension of transportation impact fees and utility connections which he considers a great economic incentive to those seeking to bring new business into the community. He answered Council questions throughout his presentation. Review of City Owned Property With the use of a large map Assistant to the City Administrator for Special Projects Paul Ellis located and reviewed properties owned by the City. Mr. Ellis then answered Council questions, particularly regarding properties that might be sold. Update to City Purchasing Policy Mr. Ellis noted some of the purchasing policy changes as recommended by the auditor. Miscellaneous Council Items Paul Ellis addressed a release of bonds, a concern voiced at the last Council meeting. PUBLIC COMMENT There were no members of the Public who wished to speak on matters on the Agenda. The meeting was adjourned at 9:02PM. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: June 18, 2012 SUBJECT: Resolution Updating the City Purchasing Policy ATTACHMENTS: Resolution with Exhibits A & B 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: I move to adopt the proposed resolution that approves the City’s revised Purchasing Policy. RESOLUTION NO. 2012-xxx RESOLUTION NO. 2012-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING A REVISED CITY OF ARLINGTON PURCHASING PROCEDURES AND COMMITMENT AUTHORITY AND REPEALING RESOLUTION NO. 2010-015 WHEREAS, the City adopted Resolution 2010-015 which approved a set of purchasing procedures and commitment authority on November 1, 2010; and WHEREAS, the City desires to update its purchasing procedures to be consistent with the requirements of the Washington State Auditor’s Office; and WHEREAS, the City desires to update its Contract Authorization Summary to be consistent with the requirements of the Washington State Auditor’s Office. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. Purchasing Procedures & Contract Authorization Summary Approved. The City Council hereby approves the Purchasing Procedures (Exhibit A), and Contract Authorization Summary (Exhibit B) revised June 2012. Section 2. Resolution No. 2010-015 is hereby repealed. APPROVED by the Mayor Pro Tem and City Council of the City of Arlington this ______ day of ___________________, 2012. CITY OF ARLINGTON ___________________________ Barbara Tolbert Mayor ATTEST: _________________________________ Kristin Banfield City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle City Attorney Purchasing Policy 1 Revised 6-18-12 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 Revised 6-18-12 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. Purchasing Policy 3 Revised 6-18-12 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 Revised 6-18-12 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 Revised 6-18-12 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 Revised 6-18-12 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 Revised 6-18-12 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 Revised 6-18-12 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 Revised 6-18-12 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 Revised 6-18-12 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 Revised 6-18-12 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 Revised 6-18-12 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. EXHIBIT B CITY OF ARLINGTON CONTRACT AUTHORIZATION SUMMARY * All capital purchases over $500 require approval of Capital Outlay Request form by Finance Director Executive Department 1 6/14/2012 CONTRACT TYPE DOLLAR LIMIT BID PROCESS SIGNATURE AUTHORITY COUNCIL APPROVAL Public Works -- single trade or craft under $20,000 No Department Director No Public Works -- single trade or craft over $20,000 Yes Mayor Yes Public Works -- multi trade or craft under $30,000 No Department Director No Public Works -- multi trade or craft over $30,000 Yes Mayor Yes Small Works Roster -- up to $30,000 under $30,000 No Department Director No Small Works Roster -- from $30,000 up to $300,000 over $30,000 No Mayor Yes Materials, supplies, equipment between $3,000 and $7,500 No; Requires a minimum of 3 quotes Department Director*No Materials, supplies, equipment over $7,500 Yes Mayor*Yes with vendor list $7,500 - $20,000 No Department Director*No with government bid over $20,000 No Mayor*Yes Maintenance & non-professional services under $30,000 No; anything over $3,000 requires a minimum of 3 quotes Department Director No Maintenance & non-professional services over $30,000 Yes Mayor Yes Small Works Roster Public Works Assumes all expenditures are included in adopted operating and capital improvement budgets. If the expenditure is not adopted in operating and capital improvement budgets, Council authorization of budget amendment is required prior to contract. Department Directors shall not assign signature authority to other staff. Maintenance & non-professional services Materials, supplies, equipment EXHIBIT B CITY OF ARLINGTON CONTRACT AUTHORIZATION SUMMARY * All capital purchases over $500 require approval of Capital Outlay Request form by Finance Director Executive Department 2 6/14/2012 CONTRACT TYPE DOLLAR LIMIT BID PROCESS SIGNATURE AUTHORITY COUNCIL APPROVAL Assumes all expenditures are included in adopted operating and capital improvement budgets. If the expenditure is not adopted in operating and capital improvement budgets, Council authorization of budget amendment is required prior to contract. Department Directors shall not assign signature authority to other staff. Consulting / professional on-call services (legal, human resources, design, development review services) not to exceed $50,000 Legal, human resources - ongoing contracts; Development review, design services - from consultant roster Mayor Yes up to $20,000 per instance No Department Director No over $20,000 per instance No Mayor Yes Consulting / professional services (comprehensive planning, feasibility studies, preliminary design) under $20,000 Chosen from consultant roster Department Director No over $20,000 Chosen from consultant roster Mayor Yes Consulting / professional services (construction projects)under $20,000 Chosen from consultant roster Department Director No over $20,000 Chosen from consultant roster Mayor Yes Consulting EXHIBIT B CITY OF ARLINGTON CONTRACT AUTHORIZATION SUMMARY * All capital purchases over $500 require approval of Capital Outlay Request form by Finance Director Executive Department 3 6/14/2012 CONTRACT TYPE DOLLAR LIMIT BID PROCESS SIGNATURE AUTHORITY COUNCIL APPROVAL Assumes all expenditures are included in adopted operating and capital improvement budgets. If the expenditure is not adopted in operating and capital improvement budgets, Council authorization of budget amendment is required prior to contract. Department Directors shall not assign signature authority to other staff. Change Orders Less than 5% of the contract AND less than $20,000 No Department Director & City Administrator No Change Orders More than 5% of the contract OR more than $20,000 No Mayor Yes Approval to spend mitigation funds all funds see bid limits see bid limits Must be approved by Council if not included in an approved budget. Approval to apply for grant all grants No Mayor No; unless specified in grant requirements Approval to accept grant all grants No Mayor Yes Grants Mitigation Funds Cumulative Change Orders shall not exceed 10% of the total cost of a project without Council approval. Change Orders will be reported to the City Administrator and City Council monthly on all projects with value over $20,000 Change Orders City of Arlington Council Agenda Bill Item: PH #1 Attachment C COUNCIL MEETING DATE: June 18, 2012 SUBJECT: Amendments to AMC Title 20, Land Use Code, Chapter 20.40, Locations for Gambling Establishments ATTACHMENTS: 1. Staff Report 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; Todd Hall, 360-403-3436 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, and the Planning Commission held a public hearing on June 5, 2012 and made a recommendation to approve the proposed amendments. ALTERNATIVES 1. No action. 2. Remand to staff to clarify any issue that Council deems appropriate. RECOMMENDED MOTION: No action at this time. Council is asked to receive public testimony on the draft ordinance. PLANNING DIVISION STAFF REPORT To: Arlington City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Hearing Date: June 18, 2012 Project: PUBLIC HEARING –Land Use Code Amendments to AMC Title 20, Land Use Code, Chapter 20.40, AMC 3.32.050 tax on social card games (PLN20120014) A. INTRODUCTION The proposed amendments to Chapters 20.40, Title 20, Land Use Code of the Arlington Municipal Code (AMC) include amendments to Table 20.40-1 Table of Permissible Uses and 3.32.050, tax on social card games regarding the regulation of gambling establishments. B. GENERAL INFORMATION Applicant/Owner: City of Arlington, 238 N. Olympic Ave., Arlington, WA 98223 Contact: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner General Location: Highway Commercial (HC) zoning district Project Description: Proposed Amendments to Title 20, Land Use Code, Chapter 20.40, Table 20.40-1: Table of Permissible Uses and AMC 3.32.050, Tax on Social Card Games. Requested Action: Hold a public hearing and make a motion to consider the proposed amendments to Chapter 20.40 of Title 20 – Land Use Code and AMC 3.32.050 for adoption at the July 2, 2012 meeting. Review Process: See Title 20 – Land Use Code of AMC, Chapter 20.96 Amendments, AMC 3.32.050 Exhibits: Draft Land Use Code Chapter 20.40 Permissible Uses, Table 20.40-1: Table of Permissible Uses; AMC 3.32.050, Tax on Social Card Games C. BACKGROUND INFORMATION/ANALYSIS 1. The proposed amendments include changes to Table 20.40-1: Table of Permissible Uses located in Chapter 20.40 Permissible Uses and AMC 3.32.050 Tax on Social Card Games. Community Development Planning Division PLN20120014 Land Use Code Amendments – Gambling Establishments June 18, 2012 2 These amendments specify the location of where gambling establishments, as defined in Chapter 20.08 Definitions, may be located within the Highway Commercial (HC) zoning district. 2. Currently, Footnote 21 in Table 20.40-1: Table of Permissible Uses limits gambling establishments to be located only in areas south of SR 531/172nd St. NE and east of 51st Ave. NE, OR south of 169th Pl. NE and north of 164th St. NE, west of Smokey Point Blvd. Furthermore, it prohibits gaming establishments within 1000 of daycare facilities, schools, churches, synagogues, or temples. 3. Aces Casino, currently located at 5200 172nd Street NE has requested that the City allow them to relocate to the current Buzz Inn Restaurant location at 17216 Smokey Point Drive. Per current land use code, the relocation would not be permitted based on the locational restrictions noted above. 4. Gambling establishments are regulated by the Washington State Gambling Commission. The Gambling Commission holds the position that a local jurisdiction may decide whether or not to allow social gambling and may tax it, but may not regulate any other facet of the business. 5. City attorney’s representing other jurisdictions which allow gambling establishments hold that cities do have the authority to zone for them in their cities. 6. The Gambling Commission permits cities to tax gambling establishments up to 20 percent, and may establish a tiered tax system based on the number of casinos within the jurisdiction. 7. Studies about the secondary effects of gambling on either a neighborhood or social impacts have not been particularly prevalent. Furthermore, the Arlington Chief of Police has provided detailed reports on the existing Aces Casino location and there have been no issues on-site within the last 30 months. 8. The topic of the Aces Casino/Buzz Inn relocation was discussed at the April 17, 2012 Planning Commission meeting and the April 23, 2012 City Council workshop. Public testimony was taken for both for and against the proposed relocation. 9. It was recommended by both the Planning Commission and City Council that although it supported the relocation, a more long-term solution to siting gambling establishments shall be evaluated during the next Comprehensive Plan update. 10. City Council directed staff to proceed with amendments to the land use code with regards to gambling establishments. D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: PLN20120014 Land Use Code Amendments – Gambling Establishments June 18, 2012 3 The amendments to development regulations are subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). The City’s SEPA official has determined that the proposed Land Use Code Amendments will not have a probable adverse impact on the environment. Therefore, an Environmental Impact Statement (EIS) was not required. On May 7, 2012, a Determination of Non-Significance (DNS) was issued for the Land Use Code Amendments – Gambling Establishments (PLN20120014). No comments were received on the DNS. 2. PUBLIC NOTIFICATION/INVOVEVMENT: a. Presentations and/or updates were given to the Planning Commission on April 17, 2012 and City Council workshop on April 23, 2012. b. A Notice of Public Hearing for the June 5, 2012 Planning Commission meeting and June 18, 2012 City Council meeting was posted at the Arlington and Smokey Point Post Offices, the Arlington Library and City Hall on May 21, 2012. The Notice was also published in the Everett Herald and Arlington Times. 3. WASHINGTON STATE DEPARTMENT OF COMMERCE NOTIFICATION: On April 30, 2012, the Land Use Code Amendments (PLN20120014) was submitted to the Washington State Department of Commerce (DOC), Material ID #18036 and the DOC notified the City on April 30, 2012 that it was in procedural compliance with RCW 36.70A.106. 4. GROWTH MANAGEMENT ACT: In accordance with RCW 36.70A.130, a city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter. In addition, per AMC 20.96.010, amendments to the text of the Land Use code or the zoning map may be made in accordance with the provisions of AMC 20.96. The proposed amendments are in accordance with this provision. E. FINDINGS AND CONCLUSIONS 1. Chapters 20.40 of Title 20, Land Use Code include amendments to Table 20.40-1: Table of Permissible Uses, defining specific locations to allow gambling establishments. Specifically, Footnote 21 has been amended (see attachment). 2. It is in the best interest of the City to adopt such regulations in order to determine permissible locations for gambling establishments and to best meet the interests of public. 3. On April 17, 2012, the Planning Commission discussed the Aces Casino relocation request at their regular meeting. PLN20120014 Land Use Code Amendments – Gambling Establishments June 18, 2012 4 5. On April 23, 2012, the City Council discussed the Aces Casino relocation request and listened to public testimony. Staff was directed to proceed with drafting code amendments regarding gambling establishments. 6. A Determination of Non-Significance (DNS) for PLN20120014 was issued on May 7, 2012. No comments were received. 7. The draft amendments were submitted to the DOC in accordance with RCW 36.70A.106 and the submittal met all DOC’s procedural requirements. 8. Notice of public hearing was published in the May 21, 2012 Everett Herald and the May 23, 2012 Arlington Times for the June 5, 2012 Planning Commission public hearing and the June 18, 2012 City Council public hearing. 9. On May 21, 2012, a Notice of Public Hearing for the June 5, 2012 Planning Commission public hearing and the June 18, 2012 City Council public hearing was posted at Arlington City Hall, Arlington Post Office, Smokey Point Post Office and the Arlington Public Library. 10. On June 5, the Planning Commission held a public hearing and made a recommendation to the City Council to approve the proposed amendments, supporting a more long-term solution to city gambling establishments in the Comprehensive Plan and stratified tax base for more than one casino. 11. The application for PLN20120014 has been reviewed for consistency with the Title 20, Land Use Code of the Arlington Municipal Code and the proposed amendments are consistent with, and internally consistent with, the Arlington Comprehensive Plan. 12. PLN20120014 has been reviewed in accordance with, and is consistent with, the Arlington Municipal Code. 13. The proposed Land Use Code Amendments were prepared in accordance with the Revised Code of Washington (RCW) 35A.70A.130. 14. Documentation supporting the findings of fact is located in the file PLN20120012, which is adopted by reference into this approval. 15. Adoption of the proposed Land Use Code Amendments, PLN20120012, furthers the public health, safety and general welfare. F. RECOMMENDATION Staff recommends that the Arlington City Council hold a public hearing to hear public testimony and, following the hearing, make a motion to consider the proposed amendments to Chapter 20.40 of Title 20 – Land Use Code and AMC 3.32.050 for adoption at the July 2, 2012 meeting. ATTACHMENTS 1. DRAFT Table 20.40-1: Table of Permissible Uses. 2. Proposed Gambling Area vicinity map. Title 20—Land Use Code Chapter 20.40: Permissible Uses 20.40- 9 October 2011 City of Arlington July 2012 USE DESCRIPTIONS ZONES SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP 7.100 Hospitals, clinics, other medical (including mental health) treatment facilities in excess of 10,000 square feet of floor area 17, 18 ZS C ZS ZS ZS ZS ZS ZS ZSC C10 7.200 Nursing care institutions, intermediate care institutions, handicapped or infirm institutions, child care institutions 17, 18 C C C ZS C ZS ZS ZS ZS ZS ZS ZS ZSC 7.300 Institutions (other than halfway houses) where mentally ill persons are confined 17, 18 C C C ZS C C ZS ZS ZS ZS ZS C 7.400 Penal and correctional facilities13, 18 C10 8.000 RESTAURANTS, BARS, NIGHT CLUBS 8.100 No substantial carry-out or delivery service; no drive- in service; no service or consumption outside fully enclosed structure ZS ZS ZS ZS ZS18 ZS ZS ZS18 Z11 8.200 No substantial carry-out or delivery service; no drive- in service; service or consumption outside fully enclosed structure allowed ZS ZS ZS ZS ZS18 ZS ZS ZS18 Z11 8.300 Carry-out and delivery service; no drive-in service; consumption outside fully enclosed structure allowed ZS ZS ZS ZS ZS ZS ZS ZS ZS Z 8.400 Carry-out and delivery service; drive-in service; service or consumption outside fully enclosed structure allowed ZS ZS ZS ZS ZS ZS ZS 8.410 Carry-out and delivery service; drive-in service for beverages and pastries only (only as an accessory use physically attached to a primary use) ZS2 ZS22 ZS22 ZS22 ZS22 ZS22 8.500 Establishments offering adult entertainment C 8.600 Gambling Establishments ZS21 9.000 MOTOR VEHICLE-RELATED SALES AND SERVICE OPERATIONS 9.100 Non-Aviation Related Operations 9.110 Motor vehicle sales or rental; mobile home sales ZS ZS ZS ZS 9.120 Sales with installation of motor vehicle parts or accessories (e.g., tires, mufflers, etc.) ZS ZS ZS ZS 9.130 Motor vehicle repair and maintenance, not including substantial body work 9.131 With no storage of vehicles for longer than 24 consecutive hours ZS ZS ZS 9.132 With storage of vehicles for longer than 24 consecutive hours ZS 9.140 Motor vehicle painting and body work 9.141 With no storage of vehicles for longer than 24 consecutive hours Z S Z S 9.142 With storage of vehicles for longer than 24 consecutive hours Z S 9.150 Fuel sales18 Z Z Z Z Z Z Z Title 20—Land Use Code Chapter 20.40: Permissible Uses 20.40- 12 October 2011 City of Arlington July 2012 USE DESCRIPTIONS ZONES SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP 21.000 CEMETERY AND CREMATORIUM 21.100 Cemetery 17 ZS ZS ZS ZS ZS ZS ZS ZS ZS10 21.200 Crematorium ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS10 22.000 COMMERCIAL NURSERY SCHOOLS; DAY CARE CENTERS 17 S S S S S ZS ZS ZS ZS18 ZS ZS ZS18 ZS18 ZS18 23.000 TEMPORARY STRUCTURES USED IN CONNECTION WITH THE CONSTRUCTION OF A PERMANENT BUILDING OR FOR SOME NON- RECURRING PURPOSE Z Z Z Z Z Z Z Z Z Z Z Z Z Z 11 Z Z10 24.000 BUS STATION, TRAIN STATION 17 ZS ZS ZS ZS ZS ZS ZS ZS ZS ZS 25.000 COMMERCIAL GREENHOUSE OPERATIONS 25.100 No on-premises sales ZS ZS 25.200 On-premise sales permitted ZS ZS ZS ZS 26.000 SPECIAL EVENTS Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z11 Z10 27.000 OFF-PREMISE SIGNS Prohibited in all zones except for those exempt pursuant to §20.68.120 (Miscellaneous Restrictions and Prohibitions) 28.000 SUBDIVISIONS & BOUNDARY ADJUSTMENTS 28.100 Major C C C C C C C C C C C C C C C C10 28.200 Short Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10 28.300 Boundary Line Adjustments Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10 28.400 Unit Lot ZSC 28.500 Cottage Housing ZSC ZSC ZSC 29.000 COMBINATION USES ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC ZSC10 30.000 PLANNED DEVELOPMENTS 30.200 Master Planned Neighborhood Developments 20 31.000 GRADING, EXCAVATION, OR FILLING 5 Permissible only in Master Planned Neighborhood districts with legislative approval Z 32.000 LAND CLEARING, LOGGING IN CONFORMANCE WITH CHAPTER 20.88 (ENVIRONMENTALLY CRITICAL AREAS) BUT OF MORE THAN 10,000 ft2 OF PROPERTY WITHIN ONE YEAR 9 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10 33.000 RESPECTIVE USES PERMISSIBLE IN RESPECTIVE SENSITIVE AREAS AS PER CHAPTER 20.88 (ENVIRONMENTALLY CRITICAL AREAS) Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z10 Footnotes to the Table of Permissible Uses These footnotes are intended to be a helpful reminder that specific uses may be subject to supplemental regulations. The lack of a footnote does not mean that a particular use is not subject to applicable supplemental use regulations. If a particular use does not have a footnote, there still may be applicable supplemental use regulations. If a proposed use is clearly intended to comply with specific supplemental use regulations, then it is subject to them. The Community Development Director will make the determination of whether specific supplemental use regulations are applicable to a particular project. Please see Chapter 20.44 for a complete list of the supplemental use regulations. 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 #1 Attachment D COUNCIL MEETING DATE: June 18, 2012 SUBJECT: Ratification 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: Recognize the Mayor’s appointment of Kay Duskin to the City of Arlington 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: I move to ratify the appointment of Kay Duskin to the City of Arlington Civil Service Commission. City of Arlington Council Agenda Bill Item: NB #2 Attachment E COUNCIL MEETING DATE: June 18, 2012 SUBJECT: Consideration of Ordinance approving Star Annexation (PLN20110047) ATTACHMENTS: 1. Ordinance 2. Boundary Review Board Decision Summary, BRB No. 01-2012, for Star Annexation. 3. Legal Description 4. Annexation Map DEPARTMENT OF ORIGIN Community Development – Todd Hall, 360-403-3436 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: This is a request to annex approximately 54.07 acres located near the corner of 172nd Street NE/SR 531 and SR 9, of which approximately 30.80 acres are owned by the proponents. The properties are within the City Urban Growth Area (UGA), and the current City limits abut the proposed annexation area to the west. The City’s Comprehensive Plan designates the area as both General Commercial (GC) and High Density Residential (RHD), and the zoning map pre- zones this area with the same designations. HISTORY: Ron Thomas, on behalf of The Commerce Bank of Washington (TCB) and Gray1 Washington LLC, are the proponents for the annexation request. They submitted an application for annexation/Annexation 10% Petition form on December 14, 2011. The City Council considered whether to move forward with a consideration for acceptance of the 10% Petition for Annexation on January 23, 2012, and accepted the 10% Petition on February 6, 2012 allowing the 60% Petition to be circulated for signatures. A public hearing was held on March 5, 2012 to hear public testimony regarding the 60% Petition for Annexation. A resolution was approved on March 19, 2012 accepting the 60% Petition to Annex for Star Annexation and directed staff to forward the Notice of Intent to the Boundary Review Board. On May 9, 2012, the Snohomish County Council approved the motion not opposing and not invoking Boundary Review Board jurisdiction for Star Annexation. ALTERNATIVES 1. Approve the annexation as recommended. 2. Remand to staff to clarify any issue that Council deems appropriate. 3. Deny with or without prejudice. RECOMMENDED MOTION: I move to adopt the Ordinance approving the Star Annexation. 44 1 (425) 388-3445 FAX (425) 388-3871 Washington State Boundary Review Board for Snohomish County M/S 4O9 3fl h1. Rockefeller Ave '?rcfVJ,A 95201 June 7, 2012 Mr. Todd Hall City of Arlington Community Development 238 N Olympic AV Arlington, WA 98223 Dear Todd: RE: City of Arlington Star Annexation (BRB No. 01 -2012) The Notice of Intention for the above-referenced proposal was received on March 27, 2012. Following approval of a legal description for the property involved, the proposal was deemed legally sufficient with an effective filing date of April 2, 2012. The 45-day review period ended end on May 17, 2012, at 5:00 p.m. with no request for review having been filed. You may now proceed with finalizing the annexation. Following the City Council's adoption of the annexation by final ordinance, please forward two certified copies to this office. We will then verify the legal description and map and distribute copies to various county departments and others. Please be sure to attach a copy of the legal description and map to the ordinance. If you have any questions, please contact me. Sincerely, Marsha Carlsen Chief Clerk wv/..co.s'oborr-sh WO US ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ANNEXING TO THE CITY OF ARLINGTON A PORTION OF THE NORTHWEST AND NORTHEAST QUARTERS OF SECTION 25 AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON WHEREAS, the matter of the passage of this ordinance came regularly before the City Council of the City of Arlington, Washington this day; and WHEREAS, the annexation commonly known as the Star Annexation was referred to the Snohomish County Boundary Review Board; WHEREAS, the Boundary Review Board’s jurisdiction was not invoked by the Snohomish County Council; and WHEREAS, the Snohomish County Boundary Review Board has returned said annexation to the City of Arlington for further proceedings; and WHEREAS, the City Council wishes to formally annex the area pursuant to the request from the petitioners; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS: Section 1. The following described property shall be and is hereby annexed to and included within the corporate limits of the City of Arlington, Snohomish County, State of Washington: See legal description attached hereto as Exhibit A and annexation map attached hereto as Exhibit B; Said property to be annexed and taxed at the same general rate and on the same general basis as the property in the City of Arlington is assessed and taxed to pay for any presently outstanding indebtedness of the City of Arlington which has been contracted prior hereto, or exists at, the date of this annexation. Section 2. The property shall have a land use designation of General Commercial (GC) and High Density Residential (RHD) pursuant to the Comprehensive Plan, and shall be zoned General Commercial (GC) and High Density Residential (RHD) in accordance with the provisions of the Arlington Municipal Code Title 20 (Land Use Code) and the Official City Zoning Map applicable to this annexation. Section 3. The resident population of the annexed area shall be determined by or under the direction of the Mayor, and the certificate shall be submitted, all in accordance with the RCW 35A.14.700; the City Clerk or his/her designee shall submit one certified copy of this ordinance to the County Council of Snohomish County, through the Snohomish County Boundary Review Board; the City Clerk shall submit a certified copy of this ordinance to the Washington Survey and Rating Bureau; and the City Clerk shall take such other action as is required by law as a result of this annexation. Section 4. 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. PASSED by the City Council and APPROVED by the Mayor, at a regular meeting thereof held on this 18th day of June 2012. CITY OF ARLINGTON _________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: _________________________________ Steven J. Peiffle, City Attorney EXHIBIT A STAR ANNEXATION LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE WESTERLY MARGIN OF 89TH AVENUE N.E. AND ITS SOUTHERLY EXTENSION; TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., LYING EASTERLY OF THE EASTERLY MARGIN OF STATE ROUTE 9; EXCEPT THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF STATE ROUTE 9 AND 35.00 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE EAST, PARRALEL WITH SAID NORTH LINE, 175.00 FEET; THENCE NORTH, PERPENDICULAR WITH SAID NORTH LINE, 5.00 FEET; THENCE EAST, PARRALEL WITH SAID NORTH LINE, 172.08 FEET; THENCE NORTH, PERPENDICULAR WITH SAID NORTH LINE, 30.00 FEET, TO SAID NORTH LINE AND THE TERMINUS OF THE HEREIN DESCRIBED LINE; AND TOGETHER WITH THAT PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., LYING WESTERLY OF THE EASTERLY MARGIN OF 91ST AVENUE N.E.; AND TOGETHER WITH THE SOUTH 69.50 FEET OF THE WEST 300.00 FEET OF TRACT 1 AND THE WEST 330.00 FEET OF TRACT 4 OF SNOHOMISH COUNTY SHORT PLAT NUMBER SP 307(7-77), RECORDED UNDER AUDITOR’S FILE NUMBER 7709090208, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SR 531172nd St NE 172nd St NE Portage Creek Star Annexation± City of Arlington Date: File: Cartographer: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but notlimited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources whichmay contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend,and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of the data presented in the maps. AirportOff rampsRail lineRest areaInterstateState RoutesMajor Ro adsPrimary Roads StreetsparcelsCLIP selectionArlington_UGAENTITYCity LimitsUGA Scale:Star_Annex_8.5x11_092611.mxd 09/26/11 TH 1 inch = 477 fe et Legend City of Arlington Council Agenda Bill Item: NB #3 Attachment F COUNCIL MEETING DATE: June 18, 2012 SUBJECT: Ordinance adopting incentives for Economic Development ATTACHMENTS 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. On June 11, 2012 Council reviewed the proposal in a work session. ALTERNATIVES RECOMMENDED MOTION: I move 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. ORDINANCE NO. 2012-xxx 1 CITY OF ARLINGTON ORDINANCE NO. 2012-xxxx AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON TEMPORARILY SUSPENDING TRANSPORTATION IMPACT FEES AND UTILITY 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-xxx 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 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: NB #4 Attachment G COUNCIL MEETING DATE: June 18, 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: 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: NB #5 Attachment H COUNCIL MEETING DATE: June 18, 2012 SUBJECT: Magnolia Meadows Final Lift ATTACHMENTS: 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: I move to grant City staff the authority to bid the Magnolia Meadows Final Lift, subject to final review by the City Attorney. City of Arlington Council Agenda Bill Item: NB #6 Attachment I COUNCIL MEETING DATE: June 18, 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: I move to grant City staff the authority to bid the Burn Road Water Main Lowering Project, subject to final review by the City Attorney. City of Arlington Council Agenda Bill Item: DI #1 Attachment J COUNCIL MEETING DATE June 18, 2012 SUBJECT: Phone System Replacement ATTACHMENTS: Memo from IT Proposal from Cerium Networks Interlocal Agreement with Bellevue DEPARTMENT OF ORIGIN: Information Technology: Contact – Bryan Terry 403-4610 EXPENDITURES REQUESTED: $112,662.28 BUDGET CATEGORY: Equipment Replacement Fund LEGAL REVIEW: DESCRIPTION: The City’s current phone system was acquired in 2001. Most telephone systems have a life expectancy of 5-7 years. The phone system is now exhibiting behaviors indicating catastrophic failure at any time. IT is strongly recommending to replace the system to avoid any potential downtime in communications, which would be a detriment to the citizens of Arlington. Estimated time to install a new functioning telephone system should the system fail would be at least 3-5 weeks. The City has reviewed a number of new systems and recommends replacement of our current system with a Microsoft Lync unified communication system. HISTORY: The system was scheduled to be replaced in 2008, but the economic downturn forced the City to extend the life of the system. The IT staff has continued to patch and repair the system to the best of their ability, but the system is now showing signs of catastrophic failure. ALTERNATIVES Keep the current system in place. If such approach is taken and the system failed, it would be a minimum 3-5 weeks before the City would have a new, functioning system in place. RECOMMENDED MOTION: I move 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. 1 To: Arlington City Council Cc: Allen Johnson, City Administrator From: Bryan Terry, Information Technology Manager Date: 6/14/2012 Re: Phone System Our phone system was purchased in 2001, and is well beyond its life. In 2008, we started the process by generating an RFP to solicit to vendors. This is the time when the “Great Recession” hit local governments, causing a deficiency in funding. The IT department was asked to hold off on issuing the RFP until the economy turned around. Unfortunately, this has not happened yet, and we are faced with a potential failure of the system. We have had ongoing issues with the system itself, as well as the voicemail system. If we had a failure today, it would mean a downtime of approximately 3-5 weeks before we could procure, install and configure a new system, which would be a detriment to our citizens. We have been looking at phones systems, and feel a unified communication system that incorporates instant messaging, presence information and video conferencing would be the best fit for the City. For example, we have an immediate need for video conferencing for the Fire Department so they can conduct training with all the stations without having to drive the engines, and keeps them in their respective dispatch locations. Microsoft Lync is a tool that allows us to leverage the existing Microsoft infrastructure that we already have in place. We are in a unique situation, as the City of Bellevue is going through a similar situation as we are. Bellevue has already completed the RFP process and selected Cerium Networks from Bothell to help plan, install and migrate their new Lync 2010 phone system. We have contacted Bellevue, and I have generated a draft inter-local agreement with them in the event that we decide to use that vendor. This would eliminate the need to get competitive bids, as they have already completed this. Cerium Networks has met with us a few different occasions to discuss to a deployment and what it would take. They have taken a look at our network, servers, and current Lync rollout and have determined that we are in a good position to leverage what we have deployed and build onto that. Their proposal is basically the gateway equipment, phones and integration. The Lync portion is already installed in house. There is additional licensing to pay for from Microsoft to be in Information Services Memorandum June 14, 2012 2 compliance, which will also help out with email message archiving and retention solution that we are also in need of. We also had Cerium Networks prepare proposals for a Cisco and Avaya unified communication system so that we would have comparable solutions to Microsoft Lync. The table below shows the different systems, and price. These systems are at GSA or WSCA pricing (or cheaper). System Price (including 8.6% sales tax) Microsoft Lync $112,662.28 Avaya $121,746.31 Cisco $175,565.80 I am recommending that we move forward with the deployment of a Microsoft Lync unified communication system. If you have any questions, please do not hesitate to give me a call Bryan Fund Number of users Percent of total Portion of their cost Airport 4 3.03%$3,414 Engineering 7 5.30%$5,975 Utilities Admin 4 3.03%$3,414 PW-Storm 2 1.52%$1,707 PW-Water 10 7.58%$8,535 PW-WW 9 6.82%$7,682 Total - Enterprise Funds $30,726 Community Development 6 4.55%$5,121 Executive 7 5.30%$5,975 Finance 8 6.06%$6,828 Fire 30 22.73%$25,605 Parks and Recreation 1 0.76%$854 IS 2 1.52%$1,707 Police 29 21.97%$24,752 M&O 13 9.85%$11,096 Total - General Fund $81,936 Total Number of Users 132 100% Total Project Cost $112,662.28 Gateways $15,041.19 Phones $23,925.00 Cerium Services $37,442.00 Licensing $27,332.40 Subtotal $103,740.59 Tax 8.6%$8,921.69 Total Project Cost $112,662.28 CX600 82 IP335 28 CX3000 1 Plantronics 6 AudioCodes 8 Cerium Networks - Confidential 2012 Customer Proposal Presented by: Todd Stevens CERIUM NETWORKS, INC. 21222 30th Drive SE Building C, Suite 130 Bothell, WA 98021 TSevens@CeriumNetworks.com 206.826.7523 4 May 2012 “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT City of Arlington Unified Communication Needs City of Arlington is planning on moving to a full Microsoft Lync suite. This is to provide all employees with voice, im, presence, audio, video & web conferencing, and voicemail. The solution will be seamless integrated with your existing Microsoft Exchange experience. City of Arlington consists of 130 employees at 7 locations. At any given site will have a maximum of 35 employees. The main PSTN is located at City Hall on a Star Network. A Verizon router provides the wireless access. Proposed Solutions Microsoft Lync deployment with AudioCodes gateways and Polycom phones To provide the City of Arlington with a full end -to-end user experience, Cerium Networks recommend a full Lync deployment utilizing the AudioCodes gateways and Polycom end-user devices. We recommend, with City of Arlington’s guidance: - 82 Polycom CX600 Phones - 28 Polycom IP 335 Phones - 1 Polycom CX 3000 Conference Phones - 6 Plantronics Voyager Pro HD Bluetooth Headsets - AudioCodes Mediant 1000 MSGB - AudioCodes Mediant 1000 Digital Voice Module – Dual Span - AudioCodes Mediant 1000 Audio Voice Module – Quad FXS - AudioCodes Mediant 800 MSBG SBA with SingleSpan 7 4 FXS Voice Interface “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT Polycom CX 600 IP phone delivers all the features included in Microsoft Lync Server 2010 environments to provide a cost effective, mainstream desktop phone. It features Polycom HD Voice technology for crystal-clear calls and robust interoperability with the Lync Server 2010 platform. through advanced telephony features and HD Voice technology, making voice communications more clear and productive. -Up to 2 lines with up to 8 simultaneous calls exceptional conference call performance in Microsoft Lync server 2010 environments. It Features Polycom HD Voice technology for crystal-clear calls and robust experience. automatically transferring calls between your phone and headset. “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT Equipment Summary & Pricing Gateways Line # Quantity Description Price per Unit Price Total 1 1 Mediant 1000 MSBG Base Chassis $1,288.78 $1,288.78 2 2 Mediant 1000 Analog Voice Module – Quad FXS $249.05 $498.10 3 1 Mediant 1000 Digital Voice Module – Dual Span $3,162.00 $3,162.00 4 1 Mediant 800 MSGB SBA with SingleSpan and 4 FXS Voice Interface $3,986.50 $3,986.50 5 5 MediaPack 118 Analog VoIP Gateway 8 FXS, SIP Package $501.00 $2,505.00 6 1 Mediant 1000B Spare Part-AC Power Supply for Mediant 1000B $266.00 $266.00 7 1 E911 for Lync 2010 $500.00 $500.00 8 1 AudioCodes Technical Support 24/7 $2,210.00 $2,210.00 9 1 Advanced Hardware Replacement $450.00 $624.81 Subtotal $15,041.19 Phone Devices Line # Quantity Description Price per Unit Price Total 1 82 Polycom CX600 IP Phones for Microsoft Communication Server $190.00 $15,580.00 2 28 Polycom SoundPoint IP335, 2-line SIP Desktop HDVoice $135.00 $3,780.00 3 1 Polycom CX3000 IP Conference Phone for Microsoft Communication Server $710.00 $710.00 4 6 Plantronics Voyager Pro (B230-M, UC V2, MOC, Bluetooth) $125.00 $750.00 5 1 AC Power Kits for CX3000, 48 VDC $109.00 $109.00 6 17 AC Power Kits for CX600, 24 VDC $119.00 $2,023.00 7 7 Universal Power Supplies $139.00 $973.00 Subtotal $23,925.00 Cerium Services Line # Quantity Description Price per Unit Price Total 1 1 Microsoft Lync Voice Pilot Implementation Services and Project Management $27,750.00 $27,750.00 2 1 Microsoft – AudioCodes ELIN Gateway Configuration for E911 Services $1,440.00 $1,440.00 3 12 CSC 8X5 Fundamental Support for MS Lync (up to 150 users) $536.00 $6,432.00 4 13 CLC – Microsoft Lync Voice End-User Training (1-10 users) $140.00 $1,820.00 Subtotal $37,442.00 “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT Microsoft Licensing Line # Quantity Description Price per Unit Price Total 1 155 Lync Server Plus CAL ALNG LicSAPk MVL forECAL DvcCAL Promo Added in Year Two $61.75 $9,571.25 2 155 Enterprise CAL ALNG SASU MVL from Core CAL Platform User CAL with Services Added in Year Two $103.16 $15,989.80 3 1 Lync Server Standard ALNG License SAPk MVL Added in Year 2 $620.79 $620.79 4 1 FrFrntTMGStd ALNG License SAPk MVL 1Proc Added in Year 2 $1,150.56 $1,150.56 Subtotal $27,332.40 Pricing Summary Gateways $15,041.19 Phone Devices $23,925.00 Services $37,442.00 Microsoft Licenses $27,332.40 Total $103,740.59 Why Cerium Networks Cerium’s unique and extensive experience with communications applications, software and services helps companies, such as City of Arlington, with managing simple or complex communications and integrate their technologies from other vendors, enabling them to unlock value and potential from their network. By embedding communications into the operations of an enterprise, Cerium helps improve the way organizations work − making people more productive, processes more flexible, and customers more satisfied. Cerium Networks - Confidential 2012 Customer Proposal Presented by: Todd Stevens CERIUM NETWORKS, INC. 21222 30th Drive SE Building C, Suite 130 Bothell, WA 98021 TSevens@CeriumNetworks.com 206.826.7523 12 June 2012 “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT City of Arlington Unified Communication Needs City of Arlington is planning on moving to a full Unified Communication solution. The solution will provide all employees with voice, im, presence, audio, web conferencing, and voicemail. City of Arlington consists of 130 employees at 7 locations. At any given site will have a maximum of 35 employees. The main PSTN is located at City Hall on a Star Network. A Verizon router provides the wireless access. Proposed Solutions Avaya IP Office with One-X To provide the City of Arlington with a full end -to-end user experience, Cerium Networks recommend a full Avaya IP Office deployment utilizing Avaya end-user devices. We recommend, with City of Arlington’s guidance: - 82 Avaya IP 9611G Phones - 28 Avaya IP 1616 Phones - 1 Avaya 1692 Conference Phones - 6 Plantronics Voyager Pro HD Bluetooth Headsets “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT 96111G: 2.8 x 2.1 inch color display,8 buttons with dual LEDs, 4 softkeys. Fixed features include speaker, mute, volume, headset, contacts, home, history, message, phone. 4-way navigation cluster, Wideband waiting indicators, USB application support. Built-in two port Ethernet (10/100/1000 Mbps) switch for connection to LAN and collocated PC. 1616 position flip stand. Supports 16-line appearances/feature keys with dual LEDs. Supports up to three 32 button expansion modules providing access to a total of 112 line/feature keys or speed dial buttons, 3 contextual soft-keys. Fixed feature buttons include four-way navigation cluster, volume up/down, mute, speaker, headset, menu, telephony application, hold, conference, transfer, drop, contacts, call log, 1692 foot microphone pickup High resolution backlit graphical display 3 Context-Sensitive Soft Keys 5 Fixed Feature & Navigation Keys: On/Off Hook, 5 Menu and Navigation keys “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT Equipment Summary & Pricing IP Office Line # Quantity Description Price per Unit Price Total 1 1 IPO License VM PRO RFA 8 LIC:CU $5,495.00 $5,495.00 2 1 IPO License R6+ Power User 20 $2,704.00 $2,704.00 3 1 IPO/B5800 IP500 EXP MOD PHONE 16 Port $2,651.00 $2,651.00 4 1 IPO/B5800 IP500 Trunk PRI Universal Dual $1,590.00 $1,590.00 5 5 IPO License End Point 20 $1,245.00 $6,225.00 6 14 IPO License IP500 VCE Networking ADD 4 LIC:CU $695.00 $9,730.00 7 3 IPO IP500 V2 Control Unit $650.00 $1,950.00 8 1 IPO LIC CTI RFA LIC:DS $630.00 $630.00 9 4 IPO/B5800 IP500 V2 COMB CARD ATM $600.00 $2,400.00 10 2 IPO LIC RECEPTIONIST RFA 1 LIC:CU $599.00 $1,198.00 11 2 IPO R8+ ESSNTL EDITION+ LIC $495.00 $990.00 12 16 IPO License End Point 5 $350.00 $5,600.00 13 1 IP OFFICE MEDIA CARD VOICE CODING MODULE 64 V2 $350.00 $3500.00 14 2 IPO LIC R6+ AV IP ENDPOINT 1 $75.00 $150.00 15 4 IPO/B5800 IP500 RACK MNTG KIT $60.00 $240.00 16 2 96XX Replacement Line Cord $8.00 $16.00 17 18 IPO/B5800 ISDN RJ45/RJ45 3M RED $4.80 $86.40 Subtotal $42,005.40 Phone Devices Line # Quantity Description Price per Unit Price Total 1 82 Avaya IP 9611G Phones $274.37 $22,498.34 2 28 Avaya IP 1616 Phones $212.59 $7,632.52 3 1 Avaya 1692 IP Speakerphone $899.00 $899.00 4 6 Plantronics Voyager Pro (Bluetooth) $125.00 $750.00 Subtotal $31,779.86 Cerium Services Line # Quantity Description Price per Unit Price Total 1 1 Avaya IP Office Implementation Services and Project Management $32,500.00 $32,500.00 2 1 CSC 8X5 Fundamental Support for Avaya IP Office (up to 130 users) $2,860.00 $2,860.00 3 2 CLC – Avaya Set Training $280.00 $560.00 4 2 CLC – Avaya IP Office Administration Training $1,200.00 $2,400.00 Subtotal $38,320.00 “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT Pricing Summary IP Office $42,005.40 Phone Devices $31,779.86 Services $38,320.00 Total $112,105.26 Why Cerium Networks Cerium’s unique and extensive experience with communications applications, software and services helps companies, such as City of Arlington, with managing simple or complex communications and integrate their technologies from other vendors, enabling them to unlock value and potential from their network. By embedding communications into the operations of an enterprise, Cerium helps improve the way organizations work − making people more productive, processes more flexible, and customers more satisfied. Cerium Networks - Confidential 2012 Customer Proposal Presented by: Todd Stevens CERIUM NETWORKS, INC. 21222 30th Drive SE Building C, Suite 130 Bothell, WA 98021 TSevens@CeriumNetworks.com 206.826.7523 12 June 2012 “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT City of Arlington Unified Communication Needs City of Arlington is planning on moving to a full Unified Communication solution. The solution will provide all employees with voice, im, presence, audio, web conferencing, and voicemail. City of Arlington consists of 130 employees at 7 locations. At any given site will have a maximum of 35 employees. The main PSTN is located at City Hall on a Star Network. A Verizon router provides the wireless access. Proposed Solutions Cisco with Jabber To provide the City of Arlington with a full end -to-end user experience, Cerium Networks recommend a full Cisco deployment utilizing Cisco end-user devices. We recommend, with City of Arlington’s guidance: - 82 Cisco Unified IP 7942 Phones - 28 Cisco Unified IP 6921 Phones - 1 Cisco Unified 7937 Conference Phones - 6 Plantronics Voyager Pro HD Bluetooth Headsets “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT The Cisco Unified IP Phone 7942G full-featured IP phone with speakerphone and handset designed for Internet Low Bitrate Codec (iLBC) support for use in networks. High-resolution grayscale display for easy use of Cisco Unified Communications and third-party telephone applications The Cisco Unified IP Phone 6921 supports two lines and offers a full-duplex speakerphone for a more productive, more flexible, and easier-to-use endpoint experience. The Cisco Unified IP Phone 6921 supports multi-call per-line appearance, offering end user the opportunity to handle multiple calls per directory number (DN). Fixed keys for hold, transfer, and conference; tri-color LED line and feature keys also make the phone simpler and easier to use. combines state-of-the-art wideband speakerphone conferencing technologies with award-winning Cisco voice communication technologies. The result is a and administrative cost benefits. “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT Equipment Summary & Pricing Primary Gateway Router Line # Quantity Description Price per Unit Price Total 1 1 2911 UC Bundle w/PVDM3-16,FL-CME-SRST-25, UC License PAK $3,895.00 $3,895.00 2 1 1-Port 3rd Gen Multiflex Trunk Voice/WAN Int. Card - T1/E1 $1,430.00 $1,430.00 3 1 Four-Port Voice Interface Card - FXS and DID $880.00 $880.00 4 1 16-channel high-density voice and video DSP module $800.00 $800.00 5 1 PVDM3 16-channel to 64-channel factory upgrade $2,250.00 $2,250.00 6 1 SMARTNET 8X5XNBD 2911 Voice Bundle w/ UC License PAK $440.00 $440.00 Subtotal $9,695.00 Survivable Gateways Line # Quantity Description Price per Unit Price Total 1 9 1861,8-user SRST or CME,4FXS,4FXO, 8xPOE, SP Svcs, HWIC slot $3,995.00 $35,995.00 Subtotal $35,995.00 Voice and IP Communications Line # Quantity Description Price per Unit Price Total 1 1 CMBE5K 8.X, 7828-I5 appl, 50 Bas UCLs, 50 Bas VM $11,200.00 $11,200.00 2 1 SMARTNET 8X5XNBD CMBE5K 8.X, 7828-I5 appl, 50 Bas UCLs $560.00 $560.00 3 110 Unified CMBE5K Voicemail Upgrade Basic to advanced User $35.00 $3,850.00 4 110 ESSENTIAL SW Unified CMBE5K Voicemail Upgrade Basic $8.00 $880.00 5 110 UCSS for CMBE 3K and 5K VM Advanced User - 1 Year - 1 User $8.00 $880.00 6 50 Unified CMBE5K Upgrade Basic to Enhanced User $85.00 $4,250.00 7 50 ESSENTIAL SW Unified CMBE5K Upgrade Basic $10.00 $500.00 8 50 UCSS for CMBE Basic to Enhanced User - 1 Year - 1 User $5.00 $250.00 9 80 Unified CMBE5K Enhanced User Connect License (No VM) $210.00 $16,800.00 10 80 ESSENTIAL SW Unified CMBE5K Enhanced User Connect Lic $10.00 $800.00 11 80 UCSS for Enh Users Business Edition - 1 User One Yr Sub $12.00 $960.00 12 80 Unified CMBE5K Voicemail Basic $40.00 $3,200.00 13 80 ESSENTIAL SW Unified CMBE5K Voicemail Basic $4.00 $320.00 14 80 UCSS for CMBE 3K and 5K VM User - 1 Year - 1 User $4.00 $320.00 15 50 Unified CMBE5K Adjuct Device License $85.00 $4,250.00 16 20 Unified CMBE Essential User Connect License (No VM) $40.00 $800.00 17 20 Unified CMBE Essential User Connect License (No VM)/SUP $1.00 $20.00 18 20 UCSS for CMBE 3K and 5K Essential User - 1 Year - 1 User $3.00 $60.00 Subtotal $49,000.00 “Our Element is Communication” Bothell, WA Kennewick, WA Spokane, WA Boise, ID Beaverton, OR Billings, MT Missoula, MT Phone Devices Line # Quantity Description Price per Unit Price Total 1 82 Cisco UC Phone 7942 $284.40 $23,320.80 2 28 Cisco UC Phone 6921, Charcoal, Standard Handset $169.20 $4,737.60 3 1 Cisco UC Conference Station 7937 Global $1,004.40 $1,004.40 4 6 Plantronics Voyager Pro (B230-M, UC V2, MOC, Bluetooth) $125.00 $750.00 5 1 Microphone Kit (7 ft) for 7937 $252.00 $252.00 6 1 SMARTNET 8X5XNBD Cisco IP Conference Station 7937 Global $48.00 48.00 Subtotal $30,112.80 Cerium Services Line # Quantity Description Price per Unit Price Total 1 1 Cisco UC Implementation Services and Project Management $34,000.00 $34,000.00 2 1 CLC – Cisco Set Training $840.00 $840.00 3 1 CLC – Cisco Administration Training $1,120.00 $1,120.00 Subtotal $35,960.00 Pricing Summary Primary Gateway Router $9,695.00 Survivable Gateway $35,995.00 Voice & IP Communications $49,900.00 Phone Devices $30,112.80 Services $35,960.00 Total $161,662.80 Why Cerium Networks Cerium’s unique and extensive experience with communications applications, software and services helps companies, such as City of Arlington, with managing simple or complex communications and integrate their technologies from other vendors, enabling them to unlock value and potential from their network. By embedding communications into the operations of an enterprise, Cerium helps improve the way organizations work − making people more productive, processes more flexible, and customers more satisfied. PAGE 1 INTERLOCAL AGREEMENT FOR JOINT PURCHASING OF TELEPHONE EQUIPMENT AND SERVICES DRAFT DRAFT DRAFT THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into by and between the City of Arlington, a municipal corporation and City of Bellevue, a municipal corporation under the authority of RCW 52.12.031(3) and Chapter 39.34 RCW (the “Interlocal Cooperation Act”) to assist each other in purchasing telephone equipment and services. ARTICLE 1 AUTHORITY TO PURCHASE ON OTHER PARTIES’ CONTRACTS 1.1 Whenever possible, a Party that solicits bids for equipment and material purchases will conduct its solicitation in a manner that will allow other Parties to utilize its purchase contract. To enable other Parties to utilize this benefit, the initial contracting Party shall: A. Comply with the public bidding laws of the State of Washington as they apply to such Party; B. Provide in its bid specifications or contract documents that other municipal corporations may utilize the contract for independent purchases; C. Either (i) post the bid or solicitation notice on a web site established and maintained by a government, purchasing cooperative or similar service provider or (ii) provide an access link to the state’s web portal to the notice. 1.2 This Agreement is intended to constitute the Interlocal Agreement required by RCW 39.04.030 for utilizing other Parties’ purchase contracts. . ARTICLE 2 DURATION AND TERMINATION 2.1. Effective Date. This Agreement shall take effect and be in full force and effect after all of the following has occurred: A. The Agreement is approved by the official action of the governing bodies. B. The Agreement is executed by the duly authorized representative of each Party, and C. A copy of the Agreement is filed with the Snohomish County Auditor’s Office. 2.2 Duration. The initial term of this Agreement shall be for a period of three (3) years. 2.3 Extension. This Agreement shall automatically be renewed and extended for additional three (3) year periods unless terminated by written notice given by one party to the other. PAGE 2 2.4 Withdrawal. Each Party shall have the right to withdraw from this agreement at any time during the term of this agreement, including the initial term, by providing the other Party with written notice of intention to terminate at least thirty (30) days prior to the effective date of such withdrawal. ARTICLE 3 NOTICE 3.1 Any notices given under this Agreement shall be deemed to be sufficient if in writing and delivered personally or sent via certified mail to the Party affected at the address set forth on the signature page. ARTICLE 4 NO BENEFIT TO THIRD PARTIES 4.1 This Agreement shall not be construed to provide any benefits to any third parties, including but not limited to the employees or volunteers of any Party. Without limiting the foregoing, this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine. ARTICLE 5 SEPARATE PROPERTY 5.1. It is not contemplated that any property, real or personal, will be acquired by any Party separately or jointly as a result of this Agreement. No separate fund shall be established with regard to this Agreement. Any acquisition of joint property shall be subject to a separate Interlocal Agreement executed prior to or at the time of such joint acquisition. All equipment and property owned or acquired solely by a Party hereto shall remain the equipment and property of that Party. ARTICLE 6 ADMINISTRATION 6.1 Unless the Parties otherwise agree, there shall be no lead agency responsible for the administration of this Agreement. This Agreement shall be administered jointly by the Chief Officers of the respective Parties. ARTICLE 7 DRAFTING 7.1. Each Party has fully participated in the drafting of this Agreement. Therefore, this Agreement shall be construed according to its fair meaning without regard to which Party drafted a particular provision. ARTICLE 8 SEVERABILITY 8.1. Any invalidity, in whole or in part, of any provision of this Agreement, shall not affect the validity of any other of its provisions. PAGE 3 ARTICLE 9 WAIVER 9.1. No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. ARTICLE 10 AMENDMENT 10.1. No modification, termination or amendment of this Agreement may be made except by written agreement signed by all Parties. ARTICLE 11 ENTIRE AGREEMENT 11.1. This Agreement constitutes the entire agreement between the Parties concerning the matters addressed herein. This Agreement supersedes and nullifies any previous agreements or understandings, whether written and oral, between the Parties to this Agreement with reference to telephone equipment and services.. Dated this ________day of______________, 2012 CITY OF ARLINGTON CITY OF BELLEVUE ____________________________ __________________________________ Barbara Tolbert, Mayor Steve Sarkozy, City Manager Finance Director / Designee ATTEST: _______________________ ATTEST: __________________________ Kristin Banfield, City Clerk City Clerk APPROVED AS TO FORM: __________________________ Steve Peiffle, City Attorney ADDRESS FOR NOTICE PURPOSES: ADDRESS FOR NOTICE PURPOSES: 238 N. Olympic Avenue 450 110th Ave NE Arlington, WA 98223 Bellevue, WA