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HomeMy WebLinkAbout03-05-2012_Council Meeting Arlington City Council March 5, 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 I would like to call the meeting to order. Would you please stand for the Pledge of Allegiance. ROLL CALL Jan, would you please call the roll? APPROVAL OF THE AGENDA Mayor Pro Tem Oertle: I move to approve the agenda as presented. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 1. Cornerstone Award – Dr. and Mrs. Jeff Cartwright - Advanced Orthopaedic Institute 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 Mayor Pro Tem Oertle: I move to approve the consent agenda as presented. 1. Minutes of the February 21 and February 27, 2012 Council Meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING 1. Star Annexation 60% Petition Staff: David Kuhl Council Liaison: Marilyn Oertle ATTACHMENT B NEW BUSINESS 1. Resolution adopting the 2012 Comprehensive Plan Amendments Final Docket Staff: David Kuhl Council Liaison: Marilyn Oertle ATTACHMENT C 2. Authorization to Award a contract to Shannon and Wilson for the Haller Well Rehabilitation Project Staff: Jim Kelly Council Liaison: Dick Butner ATTACHMENT D 3. 67th Ave Right of Way Easements and Dedications, Package #5 Staff: Eric Scott Council Liaison: Debora Nelson ATTACHMENT E SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. 4. Authorization to pay off the 1998 Public Works Trust Fund loan early Staff: Kris Wallace Council Liaison: Dick Butner ATTACHMENT F 5. Adopt-a-Park Agreement and MOU with Stilly Valley Little League Staff: Jim Kelly Council Liaison: Randy Tendering / Ken Klein ATTACHMENT G 6. Interlocal Agreement with Department of Corrections for pipe removal on Airport Lot 108 Staff: Rob Putnam Council Liaison: Debora Nelson ATTACHMENT H 7. Ordinance to allow for Short Term Interfund Loans Staff: Jim Chase Council Liaison: Marilyn Oertle ATTACHMENT I 8. Authorization to sign the 4th Amendment to the Interlocal Agreement with Snohomish County Public Works for Equipment Maintenance / Repair Service Staff: Jim Chase Council Liaison: Marilyn Oertle ATTACHMENT J DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION RECONVENE ADJOURNMENT To review all attachments, click here. DRAFT Page 1 of 3 Council Chambers 110 East Third February 21, 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, Jim Chase, Police Chief Nelson Beazley, Jim Kelly, Eric Scott, David Kuhl, Bill Blake, Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney Also Known to be Present: Sarah Arney – North County Outlook, Mike Hopson, and Gale Fiege – Everett Herald Mayor Larson 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 Kevin Duncan, 25829 Jim Creek Road, Arlington, General Manager of KVA Electric, Inc., addressed the upcoming grand opening of the Arlington Flight Services. He spoke to the great amenities of the Arlington Airport airport and how the airport area has such great potential for developing to attract additional airport and aircraft business. He strongly urged that this development of the airport area take place. CONSENT AGENDA Marilyn Oertle moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the January 30, 2012 Joint meeting with the Arlington School District Board and Cascade Hospital Board, and the February 6, 2012 and February 13, 2012 Council meetings. A 2. Accounts Payable Electronic Payments and Claims Checks #75842 through #76007 dated February 8, 2012 through February 21, 2012 in the amount of $624,701.14 3. Appointments of Michael Hopson and Ruth Gonzales to the Airport Commission 4. Confirm appointments of Mary Ann Monty and Marilyn Kirkpatrick to the Lodging Tax Advisory Committee (LTAC) as industry representatives PUBLIC HEARING There was no Public Hearing. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting DRAFT February 21, 2012 Page 2 of 3 UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS 67th Avenue Phase III Right of Way Procurement Package #4 Senior Engineer Eric Scott spoke to the spoke to the rights of way that have been obtained. He addressed the 4th package he brings before the Council tonight. Mr. Scott then answered Council questions. Debora Nelson moved to approve and authorize the Mayor to sign the 67th Avenue Phase 3 project Right of Way, Easement, and Real Estate Transactions negotiated by the City of Arlington and their real estate transaction agent, HDR, Inc., for the Gale Rose, Money Saver Arlington, Bradley, and SCT properties, pending final review by the City Attorney. Marilyn Oertle seconded the motion that passed with a unanimous vote. Request Authority to Bid the Airport Boulevard Phase I Project With the use of a power point presentation, Senior Engineer Eric Scott addressed funding requested for the Airport Boulevard Project, and he asked for Council approval. Mr. Scott then answered Council questions and revisited the power point presentation when he did so. Debora Nelson moved to authorize the staff to formally bid construction of the Airport Boulevard Project, subject to review and approval by WSDOT Local Programs and final approval by the City Attorney. Dick Butner seconded the motion that passed with a unanimous vote. Request Authority to Bid Airport Boulevard Project Prospectus and Local Agency Agreement with WSDOT Public Works Director Jim Kelly spoke to the need for a certifying agency, and that is WSDOT. He noted that this is a standard project. Debora Nelson moved to approve WSDOT documents for acceptance of the Airport Boulevard Grant and authorize the Mayor to sign the LAG agreement, subject to final review and approval of WSDOT, Local Programs and the City Attorney. Dick Butner seconded the motion that passed with a unanimous vote. Interlocal Agreement with Arlington School District for School Resource Officer Police Chief Nelson Beazley requested approval of the renewal of the ILA with the Arlington School District. Steve Baker moved to approve the Interlocal agreement between Arlington School District No. 16 and the City of Arlington, acting through its Police Department, to provide law enforcement and related services through the assignment of a School Resource Officer. Randy Tendering seconded the motion that passed with a unanimous vote. Amendment of Interlocal Agreement with Darrington for Building Inspection Services Community Development Director David Kuhl discussed the amendment with the agreement with the City of Darrington for the purpose of doing building inspections. Discussion and Council questions followed. Marilyn Oertle moved to approve the agreement amending the Interlocal Agreement with the City of Darrington for Building Inspection Services, and to provide notice to the City of Minutes of the City of Arlington City Council Meeting DRAFT February 21, 2012 Page 3 of 3 Darrington that we intend to terminate our contract, effective April 21, 2012. Dick Butner seconded the motion that passed with a unanimous vote. Acceptance of the 10% Petition for the Graafstra / Country Charm Annexation With the use of a power point presentation Community Development Director David Kuhl showed and spoke to the Graafstra Property proposed to be annexed. He then gave a thumbnail of the next steps in the process and answered Council questions. Marilyn Oertle moved to schedule a meeting with the initiating parties for the Graafstra / City Annexation at the March 19, 2012 City Council meeting to decide whether to accept the 10% petition for Annexation, whether the area will assume a proportionate share of debt, whether zoning will be assumed for the annexed area, and, if approved, the proponents would be able to circulate the 60% petition for signatures. Chris Raezer seconded the motion that passed with a unanimous vote. Bill Blake addressed TDR questions regarding the County, as asked by Ken Klein. INFORMATION Mr. Blake noted that at this time Arlington is at a moderate flood stage, and he spoke to some of the actions taken as a result of the recent heavy rain. MAYOR’S REPORT Mayor Tolbert gave a report of new Facebook posts in the Yellow Pages, that is, the number of Arlington’s new business permits; she congratulated the Public Works staff for the award they had recently received, and she urged folks to join Arlington’s Relay for Life team. COUNCIL MEMBER REPORTS Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, and Ken Klein, gave brief reports, while Steve Baker had nothing to report at this time. On Thursday at 5:00PM there is a business appreciation reception at the NASA Restaurant which will include staff and area business people. EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an Executive Session to last approximately 20 minutes for the purpose of discussion of pending or potential litigation [RCW 42.30.110(1)(i)], with the possibility of taking action at the conclusion of the Session. The Council recessed into Executive session at 7:56PM. At 8:22PM Attorney Peiffle announced the need for an additional 10 minutes for the Executive Session. At 8:29PM the Council reconvened, and with no further business, the meeting was immediately adjourned. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street February 27, 2012 Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker, Mayor Tolbert, Kristin Banfield, Jim Chase, Police Chief Nelson Beazley, Rory Bolter, Jim Kelly, Eric Scott, Rob Putnam, Roxanne Guenzler, Julie Good, Linda Taylor, Kris Wallace, Cristy Brubaker, Jan Bauer, and Steve Peiffle – City Attorney Council Members Absent: No Council member was absent. Also Known to be Present: Neil Knutson and Mike Hopson – Airport Commission Mayor Tolbert called the meeting to order at 7:00PM. Marilyn Oertle moved to approve the Agenda. Chris Raezer seconded the motion, which passed with a unanimous vote approving the Workshop Agenda. WORKSHOP ITEMS – NO ACTION WAS TAKEN Haller Well Rehabilitation – Authorization to Award Contract to Shannon and Wilson Public Works Director Jim Kelly spoke to the Haller Wellfield Rehabilitation project and requested the Council move forward to award the project to Shannon & Wilson. He stated the reasons for this request and answered questions asked about the project. 67th Ave. Right of Way Easements and Dedications Package #5 Public Works Senior Engineer Eric Scott presented Package #5 for discussion and he made a request for approval of the Right of Way Package at the next Council meeting. Mr. Scott answered Council questions. Public Works Trust Fund Loan – Authorization for Early Payoff Public Works Staff Accountant Kris Wallace spoke to the Public W orks Trust Fund Loan and requested an early payoff for that loan. She then answered Council questions. Contract for Pipe Removal on Airport Lot 108 Airport Manager Rob Putnam addressed the cleanup activities performed, or planned to take place, which have been requested because of Airport property contamination. He then answered Council questions. January 2012 Financial Report With the use of a power point presentation, Finance Director Jim Chase gave an informational presentation on the January 2012 Financial Report. Throughout the presentation Mr. Chase answered questions from the Mayor and Council. At the conclusion of his presentation Mr. Chase addressed the upgraded bond rating for the City’s utilities. Adopting an Ordinance to Allow for Short Term Interfund Loans Jim Chase addressed the reasons for creating a temporary interfund loan ordinance. He then answered Council questions and addressed concerns regarding Council notification of funds that would be / have been used. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Meeting DRAFT February 27, 2011 Page 2 of 2 4th Amendment to the Interlocal Agreement with Snohomish County Public Works for Equipment Maintenance / Repair Service Jim Chase addressed the addendum to an Interlocal Agreement with Snohomish County Public Works. He then answered Council questions. Presentation on Public Safety Staffing Previous to the meeting Police Chief Nelson Beazley distributed Impact of Economic Downturn on Public Safety Staffing, February 27, 2011 then along with Jim Chase and with the use of a power point presentation Chief Beazley projected and reviewed the Staffing Request. Throughout the presentation Chief Beazley answered Mayor and Council questions. A lengthy discussion followed. Each Council member was encouraged to individually respond to Chief Beazley with questions and concerns. Assistant City Administrator Kristin Banfield distributed a brief summary of House actions in regard to the Washington state budget. She then spoke to some of the results for the City of Arlington. PUBLIC COMMENT There was no one in the audience who wished to speak on issues presented in the meeting. ADJOURNMENT The meeting was adjourned at 8:48PM. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: PH#1 Attachment B COUNCIL MEETING DATE: March 5, 2012 SUBJECT: Public Hearing to Consider Acceptance of 60% Petition to Annex for Star Annexation and direct staff to forward the Notice of Intent to the Boundary Review Board (PLN20110047) ATTACHMENTS: 1. Staff Memorandum 2. Vicinity map of proposed annexation 3. 60% Petition with legal description and map. DEPARTMENT OF ORIGIN Community Development – Todd Hall, 360-403-3436 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: A 60% Petition for Annexation form has been submitted for approximately 52.28 acres located near the corner of 172nd Street NE/SR 531 and SR 9, of which approximately 30.80 acres are owned by the proponents. The properties are within the City Urban Growth Area (UGA), and the current City limits abut the proposed annexation area to the west. The City’s Comprehensive Plan designates the area as both General Commercial (GC) and High Density Residential (RHD), and the zoning map pre-zones this area with the same designations. HISTORY: Ron Thomas, on behalf of 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 proposed annexation had been applied for in 2006 by previous owners, but was put on indefinite hold by the City due to water/sewer incapacities at the time. The current applicants applied in 2010, but the annexation was put on hold by the City of Arlington due to review by Boundary Review Board requesting the remaining properties within UGA to be included in annexation. This came about during the recent Hilltop and Thompson Annexations which were approved in 2011. 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. ALTERNATIVES 1. Approve. 2. Deny with or without prejudice. 3. Continue the hearing and remand to staff to clarify any issue that Council deems appropriate. RECOMMENDED MOTION: None at this time. Council should hold a public hearing to hear public testimony regarding the 60% Petition to Annex for Star Annexation. City Council Memorandum Date: March 5, 2012 To: Mayor and City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Re: PUBLIC HEARING - Star Annexation – 60% Petition to Annex (PLN20110047) BACKGROUND Ron Thomas, on behalf of Gray1 Washington LLC and The Commerce Bank of Washington (TCB) LLC, are the proponents for the annexation request. An application for annexation/Annexation 10% Petition form was submitted to the City on December 14, 2011. The City Council accepted the 10% Petition to Annex on February 6, 2012, allowing the proponents to proceed with the circulation of the 60% Petition to Annex. The 60% Petition for Annexation forms were submitted to the City on February 14, 2012. The annexation area consists of approximately 52.28 acres located near the corner of 172nd Street NE/SR 531 and SR 9, of which approximately 30.80 acres are owned by the proponents. The properties are within the City Urban Growth Area (UGA), and the current City limits abut the proposed annexation area. The City’s Comprehensive Plan designates the area as both General Commercial (GC) and High Density Residential (RHD), and the zoning map pre-zones this area with the same designations. The 30 acres owned by the proponents went through a Comprehensive Plan Amendment (CPA) to change the land use designations. The CPA, along with a concurrent zoning map amendment, was approved by City Council in April 2011. The reason for the annexation request is to allow the applicant to connect to the City’s sewer and water systems for future development. Staff has reviewed the request and no major issues with the annexation have been identified. The site is adjacent to the proposed roundabout that will be constructed by WSDOT beginning in April. Any environmental impacts from future development would be identified and mitigated at the time of application for land use development permits. Community Development Planning Division March 5, 2012 City Council Meeting COMPREHENSIVE PLAN The annexation is consistent with the following Comprehensive Plan Policies: • Growth Policy (PL-4.3) – concentrate new growth within the Urban Growth Area. • Growth Policy (PL-4.7) – encouraging urban development only on land where the City can provide urban services as required by GMA. • Growth Policy (PL-6.2) – providing urban services in a logical manner and within a reasonable period of time. • Growth Policy (PL-6.4) – annexation areas should be pre-designated and pre-zoned so that interested parties know what they will be once annexed. RECOMMENDATION AND NEXT STEPS Staff recommends that the City Council hold a public hearing to hear public testimony regarding the 60% Petition to Annex for the Star Annexation. At the next City Council meeting on March 19, 2012, staff will recommend that the City Council consider approving the 60% Petition to Annex for the Star Annexation and approve the resolution to direct staff to prepare and forward the 60% Petition and related materials to the Snohomish County Boundary Review Board for review. Once the BRB reviews and approves, Council may set a date for a public hearing for approval of the annexation. 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 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. City of Arlington Council Agenda Bill Item: NB#1 Attachment C COUNCIL MEETING DATE: March 5, 2012 SUBJECT: Resolution adopting 2012 Comprehensive Plan Amendments Final Docket (PLN20120001) ATTACHMENTS: 1. Staff Report. 2. 43rd Avenue NE / 172nd Street CPA and Concurrent Rezone – Proposed Land Use and Zoning Maps. 3. 43rd Avenue NE to 51st Avenue NE (National Food) CPA – Proposed Land Use Map. 4. Graafstra Urban Horticulture CPA and Concurrent Rezone – Proposed Land Use and Zoning Maps. 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: Planning staff has compiled a docket of city-initiated and private proposals that were submitted for Comprehensive Plan Amendments. Each year, the City and/or private parties have the opportunity to submit applications to amend the City’s Comprehensive Plan. A list, or “docket”, is created and the Planning Staff reviews the docket to ensure that each proposal meets the criteria listed in Chapter 20.96 of the Land Use Code. Planning Commission and City Council have the opportunity to review the docket and determine whether each proposal shall be on the final docket and then ultimately approved. Council adopts the docket and each proposal will be processed over the course of the year. HISTORY: City Council reviewed the preliminary docket at their February 13, 2012 workshop. Planning Commission held a public hearing on February 23, 2012 and made a recommendation to the City Council to adopt the final docket at the March 5, 2012 meeting. ALTERNATIVES 1. Remove any project from the list that Council feels is not in the public’s interest, per AMC 20.96.070. RECOMMENDED MOTION: I move to adopt the proposed Resolution approving the 2012 Comprehensive Plan Amendments Final Docket. RESOLUTION NO. ______ 1 RESOLUTION NO.________ A RESOLUTION ESTABLISHING THE FINAL DOCKET OF THE 2012 COMPREHENSIVE PLAN AMENDMENTS WHEREAS, the state Growth Management Act allows local governments to amend the comprehensive plan once a year; and WHEREAS, the City of Arlington has established a process to review all proposed comprehensive plan amendments and establish a preliminary list or “docket” of amendments to be reviewed during the annual Comprehensive Plan amendment process; and WHEREAS, the City received seven applications for comprehensive plan amendments for docketing consideration; and WHEREAS, Planning staff reviewed each proposal to ensure that it met the criteria listed in Chapter 20.96 of Title 20 – Land Use Code; and WHEREAS, the Planning Commission held a public hearing on February 23, 2012, to review five proposals and thereafter provided recommendations for the final docket to the City Council; and WHEREAS, the City Council shall approve the final docket with five comprehensive plan amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, AS FOLLOWS: 1. The proposals listed in Exhibit 1 and shown on the maps on Exhibit 2 are hereby docketed for review in the 2012 Comprehensive Plan Amendment process. 2. The standard comprehensive plan amendment review fee is waived for all amendments. APPROVED BY THE CITY COUNCIL of the City of Arlington this 5th day of March, 2012. _______________________________ Barbara Tolbert, Mayor RESOLUTION NO. ______ 2 Attest: __________________________ Kristin Banfield, City Clerk Approved as to form: __________________________ Steven J. Peiffle, City Attorney PLANNING DIVISION STAFF REPORT To: Arlington City Council From: David Kuhl, AICP, Community Development Director Todd Hall, Associate Planner Hearing Date: March 5, 2012 Project: 2012 Comprehensive Plan Amendments Final Docket (PLN20120001) A. INTRODUCTION The 2012 Comprehensive Plan Amendments Preliminary Docket is a list of amendments which have been submitted by both the City and private parties for consideration by the Planning Commission and City Council. The preliminary docket was approved by the Planning Commission on February 23, 2012 and forwarded to the City Council to consider the adoption of the final docket. 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: City-wide, site specific Project Description: 2012 Comprehensive Plan Amendments Preliminary Docket Requested Action: Adopt the 2012 Comprehensive Plan Amendments Final Docket C. DETALIED PROJECT INFORMATION Each year, the City and/or private parties have the opportunity to submit applications to amend the City’s Comprehensive Plan. The deadline to apply for annual amendments is January 31st of each year. Once the deadline passes, staff compiles the list and places each project on a preliminary list called a docket. This docket is reviewed by staff to determine if each amendment complies with the criteria listed in Chapter 20.96 of the Land Use Code. Once approved by the Director, the public has an opportunity to comment on the preliminary docket. Comments are compiled, if any, and are then presented to the Planning Commission for consideration at a public hearing. The Planning Commission makes a recommendation to the City Council on whether or not the proposed amendments shall be on the 2012 Comprehensive Plan Amendments Final Docket. The City Council Community Development Planning Division EXHIBIT 1 2012 Comprehensive Plan Amendments Final Docket March 5, 2012 – City Council reviews and has the option to keep and/or remove any proposed amendments on the docket. The Council then adopts the final docket in which staff will process over the course of the year. The 2012 Comprehensive Plan Amendments Preliminary Docket includes the following projects: General Plan Amendments (not site specific) 1. 2035 Transportation Plan (PLN20120002) The 2035 Arlington Transportation Plan serves as the transportation element of the City of Arlington’s Comprehensive Plan. This update to the Transportation Plan addresses a multimodal transportation system. This plan is the basis for the City’s long-range capital improvement program and provides the framework for City decisions pertaining to management of the transportation system. Site Specific Amendments 2. West Arlington Sub Area Transfer of Development Rights CPA (PLN20120003) As part of the West Arlington Sub Area Form-Based Code and Transfer of Development Rights (TDR) project, the Comprehensive Plan is being amended to include the West Arlington Sub Area as a new TDR receiving area. 3. 43rd Avenue NE / 172nd Street CPA and Concurrent Rezone (PLN20120004) Amendment by City of Arlington to change the land use designation of Parcel #31052100400100 from Public/Semi-Public (P/SP) to Highway Commercial (HC). A portion of this City-owned parcel (approximately 4 acres), located on the northeast corner of the intersection, was previously reserved for a future fire station and is now being designated to accommodate commercial development. The City will also initiate a rezone of the property to the same designations. 4. 43rd Avenue NE to 51st Avenue NE (National Food) CPA (PLN20120005) Amendment by the City of Arlington to change the land use designation of Parcel #s 31052800100400, 31052800100500, 31052800100100, 31052800100101, 31052800100300, 31052800101300 and portion of 31052700200201 from General Commercial (GC) to Highway Commercial (HC). This is change is to be consistent with the existing zoning designation for the properties. 5. Graafstra Urban Horticulture CPA and Concurrent Rezone (PLN20120006) Amendment by private party to change the land use designation of Parcel #31050100302200 from High Density Residential (RHD) to Urban Horticulture (UH), a new land use designation; and a rezone of the property to the same designations. Amendments to Chapter 7 Land Use Element to add description of the new UH designation. 2012 Comprehensive Plan Amendments Final Docket March 5, 2012 – City Council D. REGULATORY REQUIREMENTS 1. SEPA COMPLIANCE: The amendment of a comprehensive plan is subject to provisions of the State Environmental Policy Act (SEPA) and Chapter 20.98 of the Arlington Municipal Code (AMC). Upon review of each amendment on the official docket, an environmental (SEPA) checklist will be reviewed and a determination of environmental impacts will be issued. 2. PUBLIC NOTIFICATION/INVOLEVMENT: a. A public notice soliciting public comments on the preliminary docket was issued on February 1, 2012. A notice was published in the February 1, 2012 Arlington Times and Everett Herald, as well as posted on the City’s website and at the Arlington and Smokey Point Post Offices, the Arlington Library and City Hall. b. A Notice of Public Hearing for the February 23, 2012 Planning Commission public hearing was issued on February 8, 2012. A notice was published in the February 8, 2012 Arlington Times and Everett Herald, as well as posted at the Arlington and Smokey Point Post Offices, the Arlington Library and City Hall. 3. GROWTH MANAGEMENT ACT: In accordance with RCW 36.70A.130, a city may revise its comprehensive plan, if needed, on a yearly basis. This amendment is in accordance with this provision. E. BACKGROUND INFORMATION 1. The City’s comprehensive plan was adopted on December 5, 2005 with amendments approved on an annual basis since this time, the most recent of which were approved in January 2012. The five amendments as described above are part of the 2012 Comprehensive Plan Amendment Final Docket. F. ANALYSIS 1. The proposed amendments include updates to Chapters 3, 5 and 7 of the Comprehensive Plan, and revision of the Land Use Map. The Official Zoning Map will be updated as part of the concurrent rezone process for items 3 and 5 listed above. Chapter 8 Transportation Element will be replaced with the new 2035 Transportation Comprehensive Plan (item 1 listed above). No other substantive changes to the Comprehensive Plan are proposed as part of this amendment process. G. FINDINGS AND CONCLUSIONS 1. The call for 2012 Comprehensive Plan amendments was conducted in January 2012. Applications for each of the amendments was received by the January 31, 2012 deadline. 2. Five amendments were submitted for the 2012 docket, including the 2035 Transportation Plan(PLN20120002), West Arlington Sub Area Transfer of Development Rights CPA (PLN20120003), 43rd Avenue NE / 172nd Street CPA and Concurrent Rezone (PLN20120004), 43rd Avenue NE to 51st Avenue NE (National Food) 2012 Comprehensive Plan Amendments Final Docket March 5, 2012 – City Council CPA (PLN20120005), and Graafstra Urban Horticulture CPA and Concurrent Rezone (PLN20120006). 3. Staff reviewed each proposed amendment to ensure that they met the criteria as listed in AMC 20.96 Amendments. 4. A public notice soliciting public comments on the preliminary docket was issued on February 1, 2012. A notice was published in the February 1, 2012 Arlington Times and Everett Herald, as well as posted on the City’s website and at the Arlington and Smokey Point Post Offices, the Arlington Library and City Hall. 5. A notice of public hearing was published in the February 8, 2012 Everett Herald and Arlington Times for the February 23, 2012 Planning Commission public hearing. 6. On February 8, 2012, a Notice of Public Hearing for the February 23, 2012 Planning Commission public hearing was posted at Arlington City Hall, Arlington Post Office, Smokey Point Post Office and the Arlington Public Library. 7. Documentation supporting the findings of fact is located in the files, which are adopted by reference into this approval. 8. Approval of the 2012 Comprehensive Plan Amendments Preliminary Docket (PLN20120001), as listed above, furthers the public health, safety and general welfare. H. RECOMMENDATION Staff recommends that the Arlington City Council make a motion to adopt the 2012 Comprehensive Plan Amendments Final Docket (PLN20120001) UV9 !"`$ ?Ó ?Ô SR 53 0 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 51 S T A V E N E TVEIT RD 188TH ST NE E BURKE AVE PIONEER HWY E N O L Y M P I C A V E E HIGHLAND DR 47 T H A V E N E 172ND ST NE 204TH ST NE 67TH AVE NE 172ND ST NE MC E L R O Y R D 59 T H A V E N E SM O K E Y P O I N T B L V D SM O K E Y P O I N T B L V D SR 9 SR 9 N W E S T A V E BURN RD City ofMarysville City of Arlington Cartographer: File Name: ZoningAmendNF_24x26_12.mxd Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may 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 of accuracyor correctness of the data, or the use of the data presented in the maps. Proposed HighwayCommercial ZoningAmendment Date: Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset. Parcels downloaded from Snohomish County Assessor's FTPsite 2011. Legend 172ND ST NE SR 531 HC BP HC BPP/SP GC RMD 172ND ST NE SR 531 HC HC BP HC BP GC RMD Current City and UGA Zoning Existing P/SPzoning SR = Surburban Residential RLMD = Low to Moderate Density Residential RMD = Moderate Density Residential RHD = High Density Residential OTRD = Old Town Residential District NC = Neighborhood Commercial ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !OTBD - 1 = Old Town Business District 1 OTBD - 2 = Old Town Business District 2 D D D D D D D D D D D D D D D D D D D D OTBD - 3 = Old Town Business District 3 GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial GI = General Industrial P/SP = Public/Semi-Public MS = Medical Services AF = Aviation Flightline kdk 01/30/2012 Proposed HC zoning Proposed HC = Highway Commercial UV9 !"`$ ?Ó ?Ô SR 53 0 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 51 S T A V E N E TVEIT RD 188TH ST NE E BURKE AVE PIONEER HWY E N O L Y M P I C A V E E HIGHLAND DR 47 T H A V E N E 172ND ST NE 204TH ST NE 67TH AVE NE 172ND ST NE MC E L R O Y R D 59 T H A V E N E SM O K E Y P O I N T B L V D SM O K E Y P O I N T B L V D SR 9 SR 9 N W E S T A V E BURN RD City ofMarysville City of Arlington Cartographer: File Name: LandUseAmendNF_24x26_12.mxd Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may 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 of accuracyor correctness of the data, or the use of the data presented in the maps. Proposed HighwayCommercial Land UseAmendment Date: Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset. Parcels downloaded from Snohomish County Assessor's FTPsite 2011. Legend 172ND ST NE SR 531 HC RMD BP GC BPP/SP 172ND ST NE SR 531 HC HC RMD BP GC BP Current City and UGA Land Use Existing P/SP land use SR = Surburban Residential RLMD = Low to Moderate Density Residential RMD = Moderate Density Residential RHD = High Density Residential OTRD = Old Town Residential District NC = Neighborhood Commercial ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !OTBD - 1 = Old Town Business District 1 OTBD - 2 = Old Town Business District 2 D D D D D D D D D D D D D D D D D D D D OTBD - 3 = Old Town Business District 3 GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial GI = General Industrial P/SP = Public/Semi-Public MS = Medical Services AF = Aviation Flightline kdk 01/30/2012 Proposed HC land use Proposed HC = Highway Commercial UV9 !"`$ ?Ó ?Ô SR 53 0 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 51 S T A V E N E TVEIT RD 188TH ST NE E BURKE AVE PIONEER HWY E N O L Y M P I C A V E E HIGHLAND DR 47 T H A V E N E 172ND ST NE 204TH ST NE 67TH AVE NE 172ND ST NE MC E L R O Y R D 59 T H A V E N E SM O K E Y P O I N T B L V D SM O K E Y P O I N T B L V D SR 9 SR 9 N W E S T A V E BURN RD City ofMarysville City of Arlington Cartographer: File Name: LandUseAmendNF_24x26_12.mxd Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may 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 of accuracyor correctness of the data, or the use of the data presented in the maps. Proposed HighwayCommercial Land UseAmendment Date: Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset. Parcels downloaded from Snohomish County Assessor's FTPsite 2011. Legend 172ND ST NE 51ST AVE NE SR 531 HC RMD RMD GC GI LI AFBP GC BPP/SP 51ST AVE NE 172ND ST NESR 531 HC HC RMD RMD GC GI LI AF BP BPP/SP GC Current City and UGA Land Use Existing GC land use SR = Surburban Residential RLMD = Low to Moderate Density Residential RMD = Moderate Density Residential RHD = High Density Residential OTRD = Old Town Residential District NC = Neighborhood Commercial ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !OTBD - 1 = Old Town Business District 1 OTBD - 2 = Old Town Business District 2 D D D D D D D D D D D D D D D D D D D D OTBD - 3 = Old Town Business District 3 GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial GI = General Industrial P/SP = Public/Semi-Public MS = Medical Services AF = Aviation Flightline kdk 01/30/2012 Proposed HC land use Proposed HC = Highway Commercial UV9 !"`$ ?Ó ?Ô SR 53 0 51 S T A V E N E SR 530 E BURKE AVE PIONEER HWY E N O L Y M P I C A V E 211TH PL NE E HIGHLAND DR 47 T H A V E N E SR 531 186TH ST NE 204TH ST NE 67TH AVE NE 188TH ST NE TVEIT RD MC E L R O Y R D 172ND ST NE CEMETERY RD 59 T H A V E N E SM O K E Y P O I N T B L V D SM O K E Y P O I N T B L V D N W E S T A V E SR 9 SR 9 BURN RD North Fork Stillaguamish River Stillaguamish River North Fork Stillaguamish River City of Arlington Cartographer: File Name: UGAZoningAmend_24x26_UH.mxd Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may 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 of accuracyor correctness of the data, or the use of the data presented in the maps. Proposed UrbanHorticulture ZoningAmendment Date: Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset. Parcels downloaded from Snohomish County Assessor's FTPsite 2011. Legend SR 530 P/SP P/SP RHD OTRD P/SP RHD RMD RHD P/SP OTBD - 3 P/SP SR 530 E BURKE AVE E DIVISION ST P/SP P/SP RHD OTRD P/SP RHD OTBD - 3 RMD P/SP OTBD - 3 P/SP UH Current City and UGA Zoning Existing RHD zoning SR = Surburban Residential RLMD = Low to Moderate Density Residential RMD = Moderate Density Residential RHD = High Density Residential OTRD = Old Town Residential District NC = Neighborhood Commercial ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !OTBD - 1 = Old Town Business District 1 OTBD - 2 = Old Town Business District 2 D D D D D D D D D D D D D D D D D D D D OTBD - 3 = Old Town Business District 3 GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial GI = General Industrial P/SP = Public/Semi-Public MS = Medical Services AF = Aviation Flightline kdk 12/06/2011 Proposed UH zoning Proposed UH = Urban Horticulture UV9 !"`$ ?Ó ?Ô SR 53 0 SR 530 211TH PL NE 186TH ST NE CEMETERY RD SR 531 51 S T A V E N E TVEIT RD 188TH ST NE E BURKE AVE PIONEER HWY E N O L Y M P I C A V E E HIGHLAND DR 47 T H A V E N E 172ND ST NE 204TH ST NE 67TH AVE NE 172ND ST NE MC E L R O Y R D 59 T H A V E N E SM O K E Y P O I N T B L V D SM O K E Y P O I N T B L V D SR 9 SR 9 N W E S T A V E BURN RD City ofMarysville City of Arlington Cartographer: File Name: UGALandUseAmend_24x26_UH.mxd Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited to warranties of suitabilityfor a particular purpose or use. Map data are compiled from a variety of sources which may 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 of accuracyor correctness of the data, or the use of the data presented in the maps. Proposed UrbanHorticulture Land UseAmendment Date: Stream courses, waterbodies (2009) Snohomish County Dept of Information Systems GIS dataset. Parcels downloaded from Snohomish County Assessor's FTPsite 2011. Legend SR 530 RHD NC P/SP P/SP P/SP P/SP P/SP RHD RHD OTRD RMD E BURKE AVESR 530 E DIVISION ST UH P/SP P/SP P/SP P/SP RHD RHD OTRD OTBD - 3 RMD Current City and UGA Land Use Existing RHD and NC land use SR = Surburban Residential RLMD = Low to Moderate Density Residential RMD = Moderate Density Residential RHD = High Density Residential OTRD = Old Town Residential District NC = Neighborhood Commercial ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !OTBD - 1 = Old Town Business District 1 OTBD - 2 = Old Town Business District 2 D D D D D D D D D D D D D D D D D D D D OTBD - 3 = Old Town Business District 3 GC = General Commercial HC = Highway Commercial BP = Business Park LI = Light Industrial GI = General Industrial P/SP = Public/Semi-Public MS = Medical Services AF = Aviation Flightline kdk 01/23/2012 Proposed UH land use Proposed UH = Urban Horticulture City of Arlington Council Agenda Bill Item: NB#2 Attachment D COUNCIL MEETING DATE: March 5, 2012 SUBJECT: Haller Wellfield Rehabilitation – Authorization to award contract. ATTACHMENTS: Proposal from Shannon & Wilson, Inc. for rehabilitation to Haller Wells #2 and #3 DEPARTMENT OF ORIGIN Public Works – Water EXPENDITURES REQUESTED: $49,880 BUDGET CATEGORY: 405 – Water Capital Improvement Fund LEGAL REVIEW: DESCRIPTION: Proposal from Shannon & Wilson, Inc. to clean, rehabilitate, and perform a drawdown test on Haller Wellfield wells #2 and #3. HISTORY: The Water Utility funded a capital improvement in 2011 that entailed rehabilitating the Haller Wellfield. Work included replacing the raw water pipeline, installing new electric service connected to the utility plant generator, removing the old Haller Well generator, and rehabilitating wells #3 and #2. All work was completed by the end of 2011 except for the well rehabilitation which was in the public bid process. The project had a remaining balance of $84,340 at the end of 2011 and, though the continuation of this project was not included in the 2012 capital budget, there are funds available to pay for the well rehabilitation work. ALTERNATIVES - Do not perform this work - Table for further discussion RECOMMENDED MOTION: I move to accept the Haller Well Rehabilitation proposal submitted by Shannon & Wilson and authorize the mayor to sign a contract for the work, pending final approval by the City Attorney. City of Arlington Council Agenda Bill Item: NB#3 Attachment E COUNCIL MEETING DATE: March 5, 2012 SUBJECT: 67th Avenue – ROW Easements and Dedications, Package 5 ATTACHMENTS: ROW Package 5 – Vouchers for Acquisition Packages Listed Below DEPARTMENT OF ORIGIN: Public Works – Eric Scott EXPENDITURES REQUESTED: $7,900 BUDGET CATEGORY: Transportation Imp. Fund and STP Grant LEGAL REVIEW: DESCRIPTION: Council is being asked to approve the acceptance of easements and dedications for the below noted properties and authorize the appropriate payments for same. HISTORY: The City needs to acquire additional right-of-way (ROW) and easements for the 67th Ave, Phase III project in accordance with WSDOT ROW procurement policies. We have the below ROW agreements that are ready to be signed by the mayor and appropriate payments made. Property Easement/Dedication Amount Myrick Easement and Dedication $ 7,900.00 TOTAL Package #5 $ 7,900.00 Total Previous Packages #1-#4 $172,262.00 Total Right of Way Acquisition to date $180,162.94 ALTERNATIVES • Remand to staff for additional information • Table pending additional discussion RECOMMENDED MOTION: I move to authorize the mayor to sign, the 67th Ave Phase 3 project Right-of-Way, Easement, and Real Estate transactions negotiated by the City of Arlington and their real estate transaction agent, HDR, Inc., for the Myricks pending final review by the City Attorney. City of Arlington Council Agenda Bill Item: NB#4 Attachment F COUNCIL MEETING DATE: March 5, 2012 SUBJECT: Public Works Trust Fund Loan – Authorization for early payoff. ATTACHMENTS: Amortization Schedule – Loan #98-78898-003 DEPARTMENT OF ORIGIN Public Works – Water EXPENDITURES REQUESTED: $235,147.17 (estimate) BUDGET CATEGORY: 401 – Water Operating Fund LEGAL REVIEW: DESCRIPTION: The Water Department has an open loan from 1998 with the Public Works Trust Fund (PWTF) that is at a higher interest rate (4.35%) than other existing PWTF loans. Early payoff would save approximately $40,501 in interest over the next 8 years. HISTORY: The Water Utility secured a loan in 1998 from the Public Works Trust Fund for the Burn Road Transmission Line project. The interest rate on this loan is 4.35% compared to the .5% or 1% rate that our other loans with PWTF carry. This loan is not scheduled to be paid off until 2019. The Water Department has funds available to pay off this loan early and save the interest to the Water Department over the next 8 years. The savings would be approximately $40,501 to the operating fund. ALTERNATIVES - Do not pay off loan early - Table for further discussion RECOMMENDED MOTION: I move to authorize the Water Department to pay off Public Works Trust Fund Loan #98-78898-003 and save future interest payments of approximately $40,501. City of Arlington Council Agenda Bill Item: NB#5 Attachment G COUNCIL MEETING DATE: March 5, 2012 SUBJECT: Adopt a Park Agreement with a Memorandum of Understanding (MOU) between the Stilly Valley Little League and the City of Arlington ATTACHMENTS: Adopt a Park Agreement MOU between the Stilly Valley Little League and the City of Arlington DEPARTMENT OF ORIGIN Public Works EXPENDITURES REQUESTED: $0.00 BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Memorandum of Understanding (MOU) between the Stilly Valley Little League and the City of Arlington for the 2012 season. HISTORY: The City of Arlington and the Stilly Valley Little League (SVLL) have had a long term partnership sharing maintenance and capital improvement work at Evans and Quake fields, both the City and the SVLL have benefited in the past from our working relationship and both want to continue into the future. The City and SVLL have jointly drafted the attached MOU detailing agreed ball field use fees, shared maintenance activities, 2012 field improvements, and 2012 tournaments. SVLL will adopt Quake and Evans field per the City’s current adopt-a-park program and this working arrangement will serve as the ground work for other ball field user groups. ALTERNATIVES - Do accept the MOU - Remand to staff for further discussion RECOMMENDED MOTION: I move to authorize the Mayor to sign the Adopt a Park agreement and Memorandum of Understanding (MOU) between the Stilly Valley Little League and the City of Arlington for the 2012 season, pending final approval by the City Attorney. Adopt-A-Park Agreement This agreement (“Agreement”) is made and entered into this day by the City of Arlington, a political subdivision of the State of Washington, herein referred to as the “City”, and__________________________________, a volunteer group, herein referred to as the “Volunteer Group”. The purpose of this Agreement is to permit the Volunteer Group to contribute toward efforts to reduce park litter, enhance the quality of the environment, and build civic pride in a litter-free City of Arlington by volunteering to pick up litter and conduct other park improvement or clean-up activities within the assigned section of City-owned property. The City does hereby authorize the Volunteer Group to participate in the Adopt-A-Park Program within the assigned section of city-owned property specified in Section E below, in accordance with the following terms and conditions: A. The Volunteer Group does hereby agree to: 1. Conduct clean-up activities and any other program activities in a safe manner and under conditions as are required by the City and for the safety of the participants. Because the safety of participants is the highest priority of the program, the Volunteer Group agrees to take full responsibility and ensure that each participant receives the appropriate safety training. Further, the Volunteer Group will require each adult participant (eighteen years of age or older) of the clean-up or other work crew to read and sign the Adopt-A-Park Registration Form, before participating in any program activity. 2. All minor volunteers (under the age of 18) must have on site adult supervision. The Volunteer Group shall furnish supervision by one (1) or more adults for every eight (8) minors (under 18 years of age). 3. Participants under the age of eighteen (18) must have a Parent/Guardian Informed Consent Form completed before participating in any program activity. The Volunteer Group Leader shall collect these forms before the event and keep the records on file during the activity in case of accident or injury. In addition, the Group Leader will maintain copies of the records. 4. Assign a leader to each crew, and that crew leader shall have a copy of this Agreement with him/her during all program activities. 5. Pick up litter no less than two (2) times per year, for a period of two (2) years. Additional clean-ups should be done as necessary to maintain a neat appearance. 6. Require all participants to wear the hard hat and safety vest furnished by the City while participating in the Adopt-A-Park Program, when deemed necessary by the city. 7. The Volunteer Group’s representative shall attend City-provided safety training before scheduling the Volunteer Group’s first program activity and subsequently at such times as deemed necessary by the City. 8. Each participant shall receive and review safety training materials and training aids provided by the City before participating in program activities. 9. A City supplied first aid kit shall be available at the activity site and must be returned to the City upon the end of the day’s activities.. 10. The Volunteer Group shall have a cellular phone, radio, or some form of two-way communication on site in case of emergency. 11. Schedule clean-up activities with, and reserve Safety Kits containing clean-up supplies and materials from, the Adopt-A-Park Coordinator/Volunteer Coordinator one (1) week in advance of the clean-up, and to pick up the kits during regular business hours. 12. No more than two (2) vehicles shall be parked per one-mile section of assigned City property during a program activity unless the program activity is in a park that has ample off street parking. A minimum number of vehicles shall be used to transport the participants to the assigned area. All parking of vehicles shall be in compliance with State law. 13. Comply with all specifications in the Adopt-A-Park Traffic Control Plan when conducting program activities requiring said control. 14. Leave filled trash bags in a safe location in the park for pickup and disposal by the City. 15. Participants who find materials or substances that they suspect to be hazardous must not touch it, but take appropriate precautions and report the location and description of the materials or substances to the City. Participants should mark the materials or substances by setting an orange flag marker on wire pole (provided by City) near the item, and note the item and approximate location on the Participant Roster. 16. Participants may not pick up syringes, hypodermic needles, tires, or exceptionally large, heavy or unyielding objects. When these kinds of materials are discovered, the volunteer group must notify the City to arrange for proper disposal. Participants should mark the materials or substances by setting an orange flag marker on wire pole (provided by City) near the item, and note the item and approximate location on the Participant Roster. 17. Activities may not take place during a legal holiday, on the day before a legal holiday, or on holiday weekends. 18. Provide the Adopt-A-Park Coordinator/Volunteer Coordinator with an Adopt-A-Park Participant Roster of participants involved in the program activity within seven (7) calendar days of the activity. 19. Furnish to the Adopt-A-Park Coordinator/Volunteer Coordinator an Adopt-A-Park Registration Form for each active adult participant and a Parent/Guardian Informed Consent Form for each active minor participant in program activities. 20. Report any injuries experienced by participants during program activities to the Adopt-A- Park Coordinator/Volunteer Coordinator within twenty four (24) hours or one (1) working day of the injury. Notification shall include: Name, address, and phone number of injured person Nature of injury Location of incident Date and Time of injury How the injury occurred *If Arlington Fire Department Emergency Medical Services is called, contact with Adopt-A-Park Coordinator/Volunteer Coordinator must occur within four (4) hours 21. Return to the City, in good condition, the safety kits, advance warning signs, unused trash bags, and any other equipment or supplies furnished by the City within two (2) business days following each use. 22. Include, if applicable, program activities in addition to litter control. See Adopt-A-Park Agreement, Exhibit A – Special Provisions. B. The City’s responsibilities include: 1. Furnish and install Adopt-A-Park signs with the Volunteer Group’s name or acronym displayed at the assigned area following completion of the Volunteer Group’s first clean- up event. 2. Furnish the Volunteer Group with trash bags and safety equipment for participants to use during program activities. 3. Remove the filled trash bags. 4. Assist the Volunteer Group in cleaning up litter if necessary (i.e., when large, heavy or hazardous items are found). 5. Provide safety training to the Volunteer Group’s representative before the Volunteer Group’s first program activity. 6. Provide safety materials and aids to the Volunteer Group’s representative for the Volunteer Group to use in training participants. C. Other Considerations, Terms, and Conditions: 1. At least one (1) person with a valid First Aid Card shall be present during program activities. 2. Recycling is an accepted and encouraged activity. Profits from the sale of recyclable items remain the property of the Volunteer Group. 3. The Volunteer Group’s representative affirms that he/she has received a copy of the City of Arlington Workplace Harassment Policy, has read the policy and understands it. The Volunteer Group’s representative further affirms that the Volunteer Group will comply with this policy and understands that the City may terminate this Agreement if the Volunteer Group or its participants does not comply with this policy. 4. The City is authorized to suspend this Agreement temporarily and without incurring liability if park maintenance or construction is required within the assigned area. Once these activities have been completed the Volunteer Group will be notified and the Agreement reinstated. 5. The City is authorized to terminate this Agreement without notice if it deems necessary or if the Volunteer Group or its participants fail to comply with any conditions of this Agreement, or for any public purpose, without cost or liability to the City. 6. This Agreement will automatically terminate upon thirty (30) days written notice of non- compliance, unless the Volunteer Group takes corrective action(s). In addition, the Volunteer Group must return, in good condition, any materials and/or equipment belonging to the City within five (5) working days of receiving written notification of the termination of this Agreement. 7. This Agreement is not assignable or transferable, either in whole or in part. 8. The term of this Agreement shall commence on: ________________, and shall be renewed every two (2) years unless terminated by the City or Volunteer Group. 9. Upon termination of this Agreement, Adopt-A-Park signs shall be removed and remain the property of the City. D. Volunteer Group Informed Consent and Release: On behalf of ____________________________________, I have read the terms and conditions to participate in the City’s Adopt-A-Park program, and I agree and acknowledge the following: 1. Participants in this program are under the control of our Volunteer Group and not the City of Arlington. Our Volunteer Group will evaluate all Participants to determine that they have received safety instruction and are suitably responsible individuals who will abide by the Adopt-A-Park Safety Guidelines and use due care and caution while participating in this program. 2. Participants in the Adopt-A-Park Program are advised that it is a DANGEROUS ACTIVITY. Risks associated with this activity include, but are not limited to, serious injury or death. Each participant is further advised that the risk of harm is present even if all safety precautions are followed. 3. The Volunteer Group and its participants, collectively and individually, shall defend, indemnify and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with participation in the Adopt-A-Park program, or any of its activities in which they participate. The provisions of this section shall survive the expiration of this Agreement. 4. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Volunteer Group and the City, its officers, officials, employees, and volunteers, the Volunteer Group’s liability hereunder shall only be to the extent of the Volunteer Group’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Volunteer Group’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration of this Agreement. E. City Property Assigned: Property Assigned: _______________________________________________ Location: _______________________________________________________ Name of Volunteer Group: _________________________________________ Address: _______________________________________________________ City, State, Zip Code: _____________________________________________ Name of Volunteer Group Representative (please print :) ______________________________________ Home Address: __________________________________________________ City, State, Zip Code: _____________________________________________ Daytime Telephone Number: _______________________________________ Evening Telephone Number: _______________________________________ I CERTIFY THAT I AM AUTHORIZED TO SIGN THIS AGREEMENT ON BEHALF OF THE VOLUNTEER GROUP, AND CONSENT TO ITS TERMS. VOLUNTEER GROUP: ____________________________________________________________ Signature Date ___________________________________ Print Name ____________________________________________________________ Volunteer Group CITY OF ARLINGTON: ___________________________________________________________ Signature Date Barbara Tolbert________ ______________ Print Name Mayor______________________________ Title (To be completed by the City:) Public Works Director: ____________________________________________ Date of Execution: ________________________________________________ Date of Termination: _______________________________________________ Memorandum of Understanding The parties hereto are the Stillaguamish Valley Little League, a nonprofit corporation of the State of Washington (hereinafter referred to as “SVLL”) and the City of Arlington, Washington (hereinafter referred to as “City”) Whereas the SVLL and the CITY have established a positive working partnership and have jointly developed the Arlington ball fields into a premier facility that it is today, and Whereas the Arlington ball fields are used by both the young ball players from the City of Arlington and by young ball players Northwest Region, and Whereas the SVLL and the CITY wish to continue this positive working partnership during the 2012 season and not let the City’s current budget constraints deter the ability to make improvements to these fields and bring tournaments to the City, and not place an undue hardship on the SVLL programs and its participants; therefore these two agencies hereby agree as follows: Mutual Covenants 1. Responsibilities of SVLL a. SVLL agrees to comply with adopted CITY Athletic Field Scheduling Policies and Procedures, and all rules and requirements of CITY ordinances and resolutions, including, but not limited to payment of fees and provision of participant waivers, except as otherwise provided in this agreement. b. SVLL shall coordinate, in cooperation with the CITY, the following volunteer work during the schedule year for the SVLL at Quake and Evans parks: i. Mowing of Evans Field and Quake Field 2-3 times per week during the hours of 8AM to 3PM, Monday through Friday for the period of March through October, subject to supervision by City Staff. ii. Daily grooming of field and as SVLL needs require iii. Striping/chalking of the fields as needed for SVLL use, including the cost of the striping/chalking materials iv. Weeding along fence line as needed v. Maintenance of dugouts vi. All volunteers shall be a minimum of 18 years of age and must go through a training session with City Staff prior to use of City Equipment. vi.vii. There will be no use of or application of pesticides or hebacides by SVLL or their volunteers. c. SVLL shall make payment to the CITY for the following: i. League ball field fees are based on the SVLL 2011 field use rates for regular and fall season only, these rates are as follows: - Field Use $3.75 per player per season - Lights $3.00 per hour ii. There will be no fee charged for Field Use or Lights for Tournament games. d. SVLL shall provide valid liability insurance of at least one million dollars to cover their Volunteers while using City Equipment to maintain fields; and a copy of the certificate of said insurance, naming the City as an “additional insured” shall be provided to the City. e. SVLL agrees to defend, indemnify and hold harmless the City and its officials, employees and agents from any damage claim or lawsuit for injury, illness, damage or other loss of any kind to anyone including members of SVLL that might arise out of our activities or the actions of any SVLL volunteers, except for injuries or damages caused by the sole negligence of the City. f. SVLL shall continue to partner with the CITY for installation of field amenities such as Score Boards, signage and fencing. 2. Responsibilities of CITY a. CITY will provide training to appropriate SVLL volunteers for the operation of all CITY owned equipment that will be used to maintain the ball fields, including but not limited to: i. Kubota zero turn riding lawn mower ii. Weed eaters iii. Field Groomer iv. Field Striper – wheel striper b. CITY will provide fuel and maintenance for above equipment and keep it in good working order c. CITY will clean restrooms and maintain all amenities of the park outside the Baseball field areas d. CITY will maintain and keep in working order all elements of the irrigation systems. e. CITY shall continue to partner with the SVLL for installation of significant field Amenities such as Score Boards, signage and fencing. CITY: STILLAGUAMISH VALLEY CITY OF ARLINGTON LITTLE LEAGUE _________________________ _________________________ Barbara Tolbert Jim Levitt Mayor SVLL President ADOPT-A-PARK PROGRAM POLICIES AND PROCEDURES PURPOSE The Adopt-A-Park Program is a public participation program of the City of Arlington, which encourages volunteer involvement and community service in the control and reduction of litter and enhancement of general environmental quality within City of Arlington parks. Adopted areas are parks located in unincorporated City of Arlington. The program does not apply to Federal and State parks, City streets, or private parks. This document describes policies and procedures for the program. DEFINITIONS Adopted Section: The portion of City Park on which the Volunteer Group has agreed to control litter and, if applicable, conduct other Parkside improvement or clean-up activities approved by Public Works. Adopted Sections cleaned by volunteers are only in the City of Arlington Urban Growth Area. Adopt-A-Park Agreement (adoption agreement): Contractual agreement entered into and signed by a Public Works representative and the Volunteer Group’s Representative (Group Leader) authorizing the group to participate in the Adopt-A-Park Program, setting the terms and conditions for that participation, and assigning a City park to the group. Clean-Up Event: Period of time when a volunteer group is removing Parkside litter and, if applicable, conducting other Parkside improvement or clean-up activities, in participation with the Adopt-A-Park Program. Hazardous Materials: Items that may be found in the Park which may potentially cause injury. Hazardous materials include, but are not limited to, petroleum products, chemicals, paints, solvents, propane tanks, gas canisters, car batteries, vehicle parts, appliances, heavy objects, dead animals, broken glass, needles, drug paraphernalia, and unidentified containers. Parent/Guardian Informed Consent Form: Form signed by the legal parent or guardian of a minor volunteer (less than eighteen years of age), which informs the parent/guardian and volunteer of the risks associated with participation in the program, and in which the parent/guardian grants permission for the minor to participate in the program and agrees to hold City of Arlington harmless for any liability or damages resulting from participation in the program. Participant Roster: Form completed by the Volunteer Group, which reports the completion of a Clean-Up Event, names of participating volunteers, hours worked, quantities of litter collected, and other relevant information. Adapt-A-Park Coordinator/Volunteer Coordinator: Public Works employee who manages the program and provides liaison and support between Public Works and the Volunteer Group’s Leader and Volunteers. Recognition Sign: Placard fabricated and installed by the City of Arlington, which includes the Adopt-A-Park Program logo and the name of the Volunteer Group completing the clean-up events for their adopted section. Registration Form: Form signed by an adult volunteer (eighteen years of age or older), which informs the volunteer of the risks associated with participation in the program and their responsibility to conduct clean-up activities in a safe manner, and in which the volunteer agrees to accept the risks and hold City of Arlington harmless for any liability or damages resulting from participation in the program. Volunteer: Person acting on their own behalf and participating in the Adopt-A-Park Program. Volunteer Organization/Group: Person or persons who have agreed to adopt a section of City Park under the program. POLICIES AND PROCEDURES 1) Program Eligibility a) Volunteer organizations/groups are eligible to participate in the Adopt-A-Park Program if Public Works is satisfied that the group will fulfill its obligation under the program in a safe and responsible manner, and provided that there is an available section of City Park which in Public Works’ judgment can be safely assigned to the group. b) Volunteer groups eligible to participate in the program may be individuals, families, civic and non-profit organizations, churches, service clubs, other organizations, and volunteers from commercial and private enterprises. c) A volunteer group is not eligible to participate in the program if its name: i) Endorses or opposes a particular candidate for public office; ii) Advocates a position on a specific political issue, initiative, referendum, or piece of legislation; or iii) Includes a reference to a political party. d) Volunteer groups that have been denied participation in the program due to a lack of compliance to a previous adoption agreement shall not eligible to participate for a period of five years following the termination of the previous agreement. e) Each volunteer group must have a designated Representative/Group Leader who functions as the group’s primary liaison with the City. The group leader must be an adult (eighteen years of age or older). 2) Minors a) All volunteers under eighteen years of age must be supervised on site of each activity.. b) Volunteers under the age of eighteen shall have a Parent/Guardian Informed Consent Form completed before participating in any program activity c) For every eight volunteers under the age of eighteen participating in a clean-up event, there shall be one adult supervisor (eighteen years of age or older). 3) Adopt-A-Park Agreements a) The program requires a two-year commitment by volunteer groups. Adoption agreements will normally run for a minimum of two years. Public Works may, at its discretion, allow agreements that run for periods other than two years. b) After the initial two-year commitment has been fulfilled, a volunteer group will be considered active until the group requests to end their participation in the program or ceases to fulfill their responsibilities under the program. c) If a volunteer group appears to have ceased to fulfill their program responsibilities, the program coordinator will try to contact the group leader by phone. If the group leader cannot be reached by phone, the coordinator will mail a letter to the address on file to remind the group of their commitment and request that they contact the coordinator. If the group does not contact the coordinator within thirty calendar days of the date of the letter, the adoption agreement will be terminated and the group’s recognition signs removed. The signs will remain the property of the City. d) Volunteer groups shall provide, at a minimum, litter control for adopted sections. Public Works may, at its discretion, include additional responsibilities such as planting and maintaining vegetation, controlling weeds, graffiti removal, and other Parkside improvement or clean-up activities. e) Volunteer groups shall submit a written proposal to Public Works for any Park improvement or clean-up activity proposed in addition to litter control. The proposal shall include a complete description of the activity proposed, materials and techniques to be used, and a schedule of work detailing all aspects of the proposal. The City may require the group to prepare a plan or sketches to adequately describe the scope and detail of work. If the activity impacts vehicular traffic, a traffic control plan shall be required. The City may require the group to prepare and submit a landscape plan. All work shall be in conformance with Public Works’ Engineering Design and Development Standards, (EDDS) current edition. No work shall commence prior to the City’s approval of the group’s proposal and signed approval of the Adopt-A-Park Agreement with Exhibit A – Special Provisions. f) Public Works may, at its discretion, temporarily suspend an adoption agreement because of Park maintenance or construction along an adopted section. Public Works will notify the group leader of the suspension. After these activities are completed, Public Works will restore the agreement and notify the group leader. 4) Adopted Areas a) Adopted areas shall be City Parks. b) Public Works will conduct a traffic safety review before assigning any area for adoption and may, at its discretion, decide that the section is not appropriate for adoption. c) Adopted areas will be assigned on a first-come, first-serve basis. If a section of City Park has already been adopted by a group, it is not eligible for adoption by another group. d) Adopted areas will generally be one mile in length, but the length of any particular adopted section will be at Public Works’ discretion. 5) Adopting More Than One Park a) Volunteer groups that are currently fulfilling the responsibilities of an existing adoption agreement may be allowed to adopt additional Park areas at the discretion of Public Works. b) If there is high demand for adoption of Parks in a particular area, preference will be given to interested volunteers that do not yet participate in the program to maximize opportunities for public participation and community service. 6) Frequency of Clean-up Events a) Volunteer groups shall clean-up their adopted area at least two times per calendar year. If a group has more than one adopted area, each area must be cleaned-up at least two times per calendar year. b) Additional clean-ups should be completed as needed to maintain a neat appearance. 7) Volunteer Group Leader a) The Group Leader shall sign the Adopt-A-Park Agreement and act as the Volunteer Group’s primary liaison with the City. b) The Group Leader is responsible for: i) Ensuring that the Volunteer Group complies with the provisions of the adoption agreement and the program’s safety guidelines and other rules; ii) Attending City-provided safety training; iii) Ensuring that each volunteer receives the appropriate training; iv) Making sure that each volunteer receives and reviews safety training materials and aids provided by the City before participating in any program activities; v) Organizing and scheduling clean-up events; vi) Ensuring that clean-up events are conducted in a safe manner; vii) Ensuring that each adult volunteer (eighteen years of age or older) completes the Registration Form before participating in any program activity; viii) Making sure that each volunteer under the age of eighteen has a completed Parent/Guardian Informed Consent Form before participating in any program activity; ix) Filing all required reports and forms with the Program Coordinator; and x) Reporting any injuries incurred by volunteers during clean-up events to the City, and communicating with the Program Coordinator as necessary to ensure smooth conduct of the program. 8) Program Support a) Public Works will provide: i) A standardized application form, registration form, and adoption agreement; ii) Safety training for group leaders; iii) Safety training materials and aids for the Volunteer Group to use in training volunteers; iv) Safety equipment and supplies for clean-up events; and v) Staff support for the program. b) Public Works will remove litter collected by the Volunteer Group during clean-up events and arrange for the removal of those hazardous materials noted on the Participant Roster. c) In recognition of the Volunteer Group’s work, Public Works will fabricate and install signs recognizing the group. 9) Recognition Signs a) Recognition signs shall follow a standard design, including size and color, selected by Public Works. The standard design will include the name of the Volunteer Group and the Adopt-A-Park Program logo. Adjustments to the standard design will not be accommodated. b) Recognition signs shall only include the name of the Volunteer Group or similar identifier. Signs shall not include addresses, phone numbers, e-mail or website addresses, pictures or other images, or logos, except for the Adopt-A-Park Program logo. c) Signs will typically be placed at the beginning of the adopted area, on the right shoulder. Sign location shall be determined by Public Works. d) If the Volunteer Group is responsible for both sides of an adopted area, one sign shall be placed for each direction of travel. For adopted sections with only one side, one sign will be installed in the direction of travel. If the Volunteer Group is responsible for a neighborhood area with more than one adopted section, a maximum of four signs will be installed. 10) Recycling a) Recycling is encouraged, but not required. b) Proceeds from the sale of recyclable items shall belong to the Volunteer Group. 11) Hazardous Materials a) Volunteers shall not handle hazardous materials or materials they suspect to be hazardous (see list in definitions section). b) Volunteers who encounter anything they suspect to be hazardous must not touch it or pick it up, but must take appropriate precautions and report the location and description of the material to Public Works on the Participant Roster. 12) Signs in Right-of-Way a) Volunteers shall not remove any signs found in the right-of-way. City of Arlington Council Agenda Bill Item: NB#6 Attachment H CITY COUNCIL MEETING DATE: March 5, 2012 SUBJECT: Interlocal Agreement for Pipe Removal on Lot 108 ATTACHMENTS: Interlocal Agreement with Correctional Industries Location Map DEPARTMENT OF ORIGIN: Airport EXPENDITURES REQUESTED: $27,454.07 BUDGET CATEGORY: Capital Outlay LEGAL REVIEW: DESCRIPTION: This item involves entering into an Interlocal Agreement with Correctional Industries Environmental Services for the abatement, removal and disposal of approximately 480 lineal feet of asbestos containing pipe. The pipe also contains some solid black asphaltic material (likely solidified heating or Bunker C oil) that is being disposed of with the pipe as well. The pipe is located on Lot 108 and was discovered while in the process of testing for contaminated soil on the site. HISTORY: Clean-up activities on Lot 108 began in 2011 after Shaw Environmental completed a Phase II Environmental study on the site that indicated the presence of among other things cPAHs, lead, and asbestos above clean-up levels. In the process of digging test pits to test the soil, sections of asbestos containing pipe were discovered. Further investigation turned up approximately 480 lineal feet of such pipe. The pipe is being removed as part of the larger site clean-up of Lot 108. Correctional Industries has completed multiple asbestos abatement projects for the airport in the past including abatement activities on the old firehall and on the former building on Lot 108. Additionally, Correctional Industries abated and removed a smaller area of pipe discovered on Lot 108 at the time the building was demolished. Funds were carried over from 2011 that will fund the pipe removal. This item was discussed at the February 27th council workshop. ALTERNATIVES Approve Airport Commission’s Recommendation with Modifications Table Airport Commission’s Recommendation Deny Airport Commission’s Recommendation RECOMMENDED MOTION: I move to approve the Interlocal Agreement with Correctional Industries Environmental Services in the amount of $27,454.07 for the abatement, removal and disposal of approximately 480 lineal feet of asbestos containing pipe, subject to final approval of the City Attorney. INTERLOCAL AGREEMENT RE: LOT 108 PIPE REMOVAL This agreement is entered into on March 6, 2012, by and between the City of Arlington/Arlington Municipal Airport and the State of Washington, Department of Corrections. Scope of Work The Department of Corrections is being contracted to provide labor and materials to complete the abatement, removal and disposal of approximately 480 lineal feet of asbestos containing pipe. The pipe also contains solid black asphaltic material (likely solidified heating or Bunker C oil) that the Department of Corrections is responsible for disposing of with the pipe as well. Removal and disposal of the pipe includes disposal of the entire pipe structure including any metal sheathing. Asbestos abatement, removal, and disposal shall be done in accordance with all Federal, State and local rules and regulations. The Department of Corrections will obtain Puget Sound Clean Air Agency and Department of Labor and Industries abatement permits. The cost of all work shall not exceed $27,454.07 as indicated in the attached email communications between the City of Arlington and the Department of Corrections. This project is subject to state prevailing wages. The Department of Corrections shall ensure all subcontractors pay prevailing wages and submit the required prevailing wage forms to Labor and Industries. This agreement is a part of the existing general interlocal agreement currently in existence between the City of Arlington and the Washington State, Department of Corrections. _____________________________ Date:_______________ Barbara Tolbert, Mayor City of Arlington _____________________________ Date:_______________ Department of Corrections Scope-of-Work Scope of Work: Correctional Industries/Environmental Services will provide labor and materials to: • Obtain L&I and Puget Sound Clean Air abatement permits. • Abate, remove, and properly dispose of approximately 480 lineal feet of asbestos containing pipe including the solid black asphaltic material in the pipe. The entire pipe structure will be removed and disposed of including the metal sheathing. Bid Amount: $25,279.99 Tax: $ 2,174.08 Total $27,454.07 City of Arlington Council Agenda Bill Item: NB#7 Attachment I COUNCIL MEETING DATE: March 5, 2012 SUBJECT: Adopting Ordinance regarding Short Term Interfund Loans ATTACHMENTS: Proposed Ordinance DEPARTMENT OF ORIGIN Finance; Contact Jim Chase – 360-403-3422 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: To provide temporary interfund loans to funds where revenues are not sufficient to cover operating expenditures. These loans would be repaid within six months and require interest to be paid to the lending fund. These loans would be repaid prior to year end. HISTORY: Prior to receiving property taxes each year, the General Fund may not have sufficient funds to remain in a positive balance after the payment of bills. In the past, monies have been transferred from other funds prepaying for administrative services, or transfers to other funds for services have not been done which would have caused the fund balance to be in a negative position. This would indicate that one fund is benefitting from another fund. I would like to do away with that practice. An interfund loan would remedy that situation in that the loaning fund would receive interest. The majority of General Fund and Emergency Medical Services Fund property tax revenues are received in May and November, after dollars are received by the County for taxes due on April 30 and October 30. A temporary loan may be needed prior to receiving those property tax dollars. Council would be notified of the loan at the next regular council meeting. ALTERNATIVES Do nothing and allow funds to go into the red, thereby taking advantage of other funds by “using” pooled funds and not paying interest. This could be in violation of RCW 43.09.210 which essentially states that no fund should unfairly benefit from another. RECOMMENDED MOTION: I move to adopt the proposed Ordinance providing for Short Term Interfund Loans. Ordinance No. 2012-xxx 1 ORDINANCE NO. 2012-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, AMENDING THE PROVISIONS OF TITLE 3, REVENUE AND FINANCE TO ADOPT A NEW CHAPTER 3.90 SHORT TERM INTERFUND LOANS WHEREAS, the City’s revenues do not provide a steady income stream to the City, but rather fluctuates throughout the budget year primarily from property taxes due in April and October , and WHEREAS, the needs of the City are such that present operating expenses may require loans between various funds of the City to compensate for temporary revenue shortfalls, and WHEREAS, such loans are within the statutory authority of the City Council to approve, and WHEREAS, the City Council deems it appropriate to provide an orderly process for such loans by authorizing the Finance Director to manage such loan processes on a regular basis, without regard to the City Council’s meeting schedule in order to minimize interest expense and to carefully tailor such loans and repayments to the revenue needs and expense obligations of the City, and WHEREAS, the City Council deems it appropriate to authorize the Finance Director to administer an interfund loan program, subject to regular reporting to the City Council, on an “as needed” basis to keep the different funds of the City solvent, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON DOES HEREBY ORDAIN AS FOLLOWS: TITLE 3 REVENUE AND FINANCE Chapter 3.90 Short Term Interfund Loans Program. Sections: 3.90.010 Interfund loans authorized 3.90.020 Report to the City Council 3.90.030 Repayment directed 3.90.010 Interfund loans authorized. The Finance Director is hereby authorized to administer an interfund loan program. The Finance Director shall make interfund loans as needed to keep the funds of the City solvent. In conjunction with interfund loans, the Finance Director shall prepare a planned schedule of repayment of the loan principal plus applicable interest. The monthly Ordinance No. 2012-xxx 2 interest rate will be the same monthly rate of interest paid by the Washington State Local Government Investment Pool where the city has an account for short term interest earnings. Interfund loans shall not exceed 6 months unless prior approval is obtained from the City Council or a separate resolution is passed. The borrowing fund should be in a position over the period of the loan to repay the entire loan and interest. 3.90.020 Report to the City Council. The Finance Director shall include in the monthly financial reports to the City Council, the issuance of any such loans, the status of other such loans and any repayments made on outstanding loans. 3.90.030 Repayment directed. The Finance Director is directed and authorized to repay such loans, in whole or in part, when budgeted revenues are received sufficient to cover the projected foreseeable needs of the borrowing fund. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is an administrative and legislative act not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. PASSED by the City Council and APPROVED by the Mayor this 5th day of March, 2012. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: _________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB#8 Attachment J COUNCIL MEETING DATE: March 5, 2012 SUBJECT: Interlocal Agreement with Snohomish County Public Works for Equipment Maintenance/Repair Service ATTACHMENTS: Interlocal Agreement and Equipment List DEPARTMENT OF ORIGIN Finance; Contact: Jim Chase – 360-403-3422 EXPENDITURES REQUESTED: As budgeted BUDGET CATEGORY: Equipment Repair and Maintenance LEGAL REVIEW: DESCRIPTION: This is the 4th Amendment to the Interlocal Agreement. The labor rate as stipulated in the agreement is increasing from $89.92 to $90.95 per hour. The County inventory parts mark-up is decreasing to cost plus 40%, down from cost plus 50%. If the vehicle needs outside vendor repairs, the parts mark-up shall be at cost plus 15%, up from cost plus 10%, and the new labor rate for transporting to and from the vendor. HISTORY: The original agreement was signed in December 2008. ALTERNATIVES Take equipment elsewhere to be repaired or maintained. The Fire Department has chosen to use the repair services of the Monroe Fire Dept. for their specialized repairs. RECOMMENDED MOTION: I move to authorize the Mayor to sign Amendment No. 4 to the Interlocal Agreement with Snohomish County for Equipment/Vehicle Repair Service. AMENDMENT NO. 4 TO INTERLOCAL AGREEMENT FOR FURNISHING EQUIPMENT MAINTENANCE/REPAIR SERVICE WITH CITY OF ARLINGTON (2012) 1 After Recording Return to: Snohomish County Department of Public Works Fleet Management Division 3402 McDougall Avenue Everett, WA 98201 AMENDMENT NO. 4 TO INTERLOCAL AGREEMENT FOR FURNISHING EQUIPMENT MAINTENANCE/REPAIR SERVICE Agency: City of Arlington ===================================================================== THIS AMENDMENT to that certain Interlocal Agreement For Furnishing Equipment Maintenance/Repair Service entered into on December 8, 2008 (“Agreement”), is made by and between Snohomish County, a political subdivision of the State of Washington, and the City of Arlington, a municipal corporation of the State of Washington. For and in consideration of the mutual benefits herein, the terms and conditions of the Agreement are hereby modified as follows: 1. COMPENSATION. Section 7.1, Compensation, is deleted and replaced with the following: 7.1. Compensation. Compensation for services rendered during the 2012 contract period shall be as follows: a. County inventory parts shall be supplied at cost + 40%. b. County labor shall be supplied at a cost of Ninety and 95/100 ($90.95) per hour; overtime labor shall be provided at 1.5 times the hourly rate. c. Vendor repairs shall be provided at County cost plus labor for transporting to and from vendor at the above County labor rate, and direct parts shall be supplied at cost + 15%. AMENDMENT NO. 4 TO INTERLOCAL AGREEMENT FOR FURNISHING EQUIPMENT MAINTENANCE/REPAIR SERVICE WITH CITY OF ARLINGTON (2012) 2 2. TERM. The term of this Agreement, set out in section 8 of the Agreement, shall be extended one (1) year through December 31, 2012. 3. EXHIBIT B. Exhibit B is amended to add or delete vehicles/equipment as follows: Current list of applicable City equipment is attached hereto and incorporated within. EXCEPT AS EXPRESSLY PROVIDED BY THIS AMENDMENT, ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. SNOHOMISH COUNTY CITY OF ARLINGTON By: By: ________________________________ County Executive or Designee Name/Title: Margaret Larson, Mayor Date: __________________ Date: ____________________ AMENDMENT TEMPLATE ONLY REVIEWED AND APPROVED: Gordon W. Sivley Deputy Prosecuting Attorney Date: September 16, 2009 EXHIBIT B INTERLOCAL AGREEMENT FOR FURNISHING EQUIPMENT MAINTENANCE/REPAIR SERVICE WITH CITY OF ________(2)________ (_(4)__) B - 1 EXHIBIT B CITY VEHICLE/EQUIPMENT LIST (10) EXHIBIT B Make Model Year AC Value Equipment Equip Value VIN Lic Unit Dept. ATHEY MOBIL SWEEPER 1994 $130,000 RADIO $600 1A9S24DR5RR059125 22745D A-87 Airport CHEVROLET S10 Extended Cab 2003 $20,000 Cab guard, radio, light bar, aviation radio $2,800 IGCCS19X938276650 37575D A-09 Airport DODGE 3/4 T P/U 1992 $10,000 Tool Box, lightbar, aviation radio $0 1B7JE26Y3N5680941 07638D A-81 Airport DODGE CARAVAN 2011 $25,000 Lightbar, city radio, aviation radio $2,000 2D4RN4DG0BR687872 51015D A-6 Airport DODGE RAM 1 TON 2001 $21,772 Dumpbox, snow plow attachment, lightbar, aviation radio $0 3B6MF36541M256424 22629D A-5 Airport FORD F250 1995 $17,500 RADIO/CANOPY light beanie, aviation radio $0 1FTEF25NXSLB85650 14170D A-88 Airport FORD F550 CAB & CHASSIS w/ DUMP BODY/SNOW PLOW 2008 $54,829 Lightbar, aviation radio $0 1FDAF56R88EC53955 44882D A-10 Airport TOYOTA PRIUS 2009 $26,000 Lightbar, aviation radio $0 JTDLB20U497885972 46162D A-8 Airport FORD RANGER SUPERCAB 4X4 2003 $20,000 RADIO, LIGHT BEANIE, ETC.$2,300 1FTZR45E93PA70357 35396D B-75 BUILDING FORD F150 Pickup 2000 $15,000 $0 1FTRX187YNC21661 37577D Code E-1 Code Enforcement CHEVROLET CT10506 - BLAZER 2002 $25,000 LIGHT BAR, RADIO $2,000 1GNDT13WX2K217472 35391D 0 Exec- FORD FOCUS STATION WAGON 2004 $14,372 $0 1FAFP36314W187864 37578D EX-01 Executive FORD F250 4X4 1997 $21,000 $0 1FTHF26H1VEB26632 22925D PF-21 FACILTIES FORD CROWN VICTORIA 2002 $29,000 RADIO, COMPUTER, LIGHT BAR, ETC.$8,000 2FAFP71W82X143693 35314D Support 46 Fire FORD EXPEDITION 2002 $32,981 LIGHT BAR, RADIO, ETC.$2,500 1FMPU16L02LA68290 35313D FD-2 FIRE BATTALION 46 FORD EXPEDITION 2006 $26,448 $0 1FMPU16586LA75687 42380D FD-16 Fire Chief CHEVROLET IMPALA 2001 $19,830 RADIO, LIGHT BAR $2,000 2G1WF52E919134794 30297D FD-1 FIRE CHIEF 46 FORD F350 SD 4X2 SRW 2001 $24,552 RADIO, LIGHT BAR, CANOPY $1,500 3FTSW30L11MA59429 22698D FD-3 FIRE TRAINING 46 CHEVROLET AVEO 2004 $13,000 TOOLS $2,500 KL1TJ52634B242406 39670-D IT-11 IT FORD ESCAPE 2006 $16,105 Computers/equipment $2,500 1FMCU02Z96KC13292 42341D IT-12 IT CHEVROLET S10 PICKUP EXT CAB 1995 $15,000 $0 1GCDT19Z1S8257317 22930D NR-1 NAT RESOURCES CHEVEOLET Silverado PU 2007 $22,649 Light Bar, Radio,Computer, Equipment $7,500 1GCEK19C17Z589892 44835D L-78 Police CHEVROLET IMPALA 2001 $19,830 $0 2G1WF52E419190075 506NLY L-61 Police CHEVROLET IMPALA 2007 $17,400 $0 2G1WB58K379290122 064WHO L-76 Police DODGE CARAVAN 2004 $22,000 $0 1D8GP24R45B185567 249SPZ L-72 Police FORD CROWN VICTORIA 2002 $29,000 RADIO, LIGHT BAR, COMPUTER, ETC.$8,000 2FAFP71W12X143695 35316D L-58 Police FORD CROWN VICTORIA 2003 $28,000 RADIO, COMPUTER, LIGHT BARS $5,000 2FAFP71W03X120653 14228D L-60 Police FORD CROWN VICTORIA 2003 $25,000 RADIO, COMPUTER, LIGHT BAR, ETC.$7,000 2FAHP71W83X175019 35397D L-68 Police FORD CROWN VICTORIA 2003 $25,000 RADIO, COMPUTER, LIGHT BAR, ETC.$7,000 2FAHP71W63X175021 35398D L-69 Police FORD CROWN VICTORIA 2003 $25,000 RADIO, COMPUTER, LIGHT BAR, ETC.$7,000 2FAHP71W43X175020 35399D L-67 Police FORD CROWN VICTORIA 2006 $23,743 FIREARMS/RADIOS/RADAR/DIGITAL EQUIP $7,500 2FAHP71W36X149772 42381D L-75 Police FORD CROWN VICTORIA 2006 $23,743 FIREARMS/RADIOS/RADAR/DIGITAL EQUIP $7,500 2FAHP71W56X149773 42382D L-74 Police FORD CROWN VICTORIA 2007 $23,899 Light bar, Radio, Computer, Equipment $7,500 2FAHP71W47X135929 43661D L-77 Police FORD CROWN VICTORIA 4 DR 2004 $25,000 Light Bar, Computer, Equipment $5,000 2FAHP71W24X145127 37582D L-70 Police FORD CROWN VICTORIA 4DR 2004 $25,000 Light Bar, Radio, Computer, Equipment $5,000 2FAHP71W44X145128 37581D L-71 Police FORD ECONO 1991 $5,000 RADIO, MISC.$8,000 1FDKE30M6MHB12531 30300D CRV Police FORD EXPEDITION 2003 $30,000 POLICE PKG $8,000 1FMPU16L83LB02896 35395D L-66 Police FORD EXPLORER 1998 $27,800 RADIO $2,500 1FMZU34X8WZC00516 627PJZ L-57 Police JEEP LIBERTY 2005 $18,000 $0 1J8GL48K95W609149 504TIK L-73 Police FORD CROWN VICTORIA 2008 $23,405 Light Bar, Radio, Computer, Equipment $7,500 2FAF971V18X145933 44885D L-80 Police FORD CROWN VICTORIA 2008 $23,405 Light Bar, Radio, Computer, Equipment $7,500 2FAFP71VX8X145932 44884D L-79 Police FORD CROWN VICTORIA 2010 $27,513 $0 2FABP7BVAX141152 51013D L-83 Police FORD CROWN VICTORIA 2010 $27,513 $0 2FABP7BV2AX141151 51012D L-82 Police City of Arlington Vehicle List