HomeMy WebLinkAbout09-04-2012_Council Meeting
Arlington City Council
September 4, 2012 – 7 PM
City Council Chambers
110 E. Third
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda.
Please limit remarks to three minutes.
CONSENT AGENDA
1. Minutes of the August 20 and August 27, 2012 Council Meetings ATTACHMENT A
2. Accounts Payable
PUBLIC HEARING
1. Resolution Approving the 6-Year Transportation Improvement
Plan for 2013-2018
ATTACHMENT B
NEW BUSINESS
1. 67th Ave NE Phase III Project – HDR Supplement #8 ATTACHMENT C
2. 67th Ave NE Phase III Project – Agreement with AT&T to install
fiber optic conduit
ATTACHMENT D
3. 173rd St NE Proposed Roadway Section ATTACHMENT E
4. Ordinance Approving the Cascade Natural Gas Franchise
Agreement
ATTACHMENT F
5. Ordinance Amending AMC Section 13.12.160(b) to raise the Low
Income Senior Citizens maximum income eligibility threshold to
$30,000
ATTACHMENT G
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
6. Acceptance of the 10% Petition for the Graafstra Annexation ATTACHMENT H
7. Resolution authorizing the closing of the Utilities Administration
Change Fund
ATTACHMENT I
8. Authority to apply for Hotel-Motel Grants from the City of
Arlington
ATTACHMENT J
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
To review collective bargaining negotiations, grievances, or discussions regarding the
interpretation or application of a labor agreement [RCW 42.30.140(4)]
RECONVENE
ADJOURNMENT
To review all attachments, click here.
DRAFT
Page 1 of 2
Council Chambers
110 East Third
August 20, 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: All members were present.
City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Jim Chase, Police Officer DeWitt,
Elizabeth Chamberlin, Monica Schlegel, Jim Kelly, Eric Scott, Marc Hayes, Rob Putnam, Lynn Bridges,
Cristy Brubaker, Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: Maxine Jenft – Volunteer Coordinator and Mike Hopson – Airport
Commission
Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Randy Tendering seconded the motion which passed with
a unanimous vote.
PUBLIC COMMENT
There was no one in the audience who wished to speak to matters not on the Agenda.
CONSENT AGENDA
Removing the name of City Attorney Steve Peiffle from those present at the August 6, 2012 meeting,
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 August 6 and 13, 2012 meetings
2. Accounts Payable
Electronic Payments and Claims Checks #77372 through #77500 dated August 7, 2012 through
August 20, 2012 in the amount of $582,049.96
PUBLIC HEARING
There was no Public Hearing
UNFINISHED BUSINESS
There was no Unfinished Business
NEW BUSINESS
Consideration of the 10% Petition for the Graafstra Annexation
Assistant City Administrator Kristin Banfield gave a history of the annexation process and briefly spoke to
the Graafstra property.
Marilyn Oertle moved to schedule a meeting with the initiating parties for the Country Charm / City
Annexation at the September 4, 2012 City Council meeting to decide whether to accept the 10% petition
for Annexation and if so, on what conditions. Dick Butner seconded the motion which passed with a
unanimous vote.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT August 20 , 2012
Page 2 of 2
67th Ave NE Phase III Project – WSDOT Supplement #4
City Engineer Eric Scott requested permission to reallocate remaining grant money to the Construction
Project Phase.
Debora Nelson approve the Local Agency Agreement Supplement 4 with the Washington State
Department of Transportation, subject to final review by the City Attorney. Chris Raezer seconded the
motion which passed with a unanimous vote.
Snohomish PUD Easement Agreement for 91st Ave NE
Eric Scott noted that power poles are being relocated and this will result in an easement for Snohomish
County PUD to be granted by the City.
Debora Nelson moved to approve the easement agreement with Snohomish PUD and authorize the
Mayor to sign it, subject to final review by the City Attorney. Marilyn Oertle seconded the motion which
passed with a unanimous vote.
Airport Blvd Change Order #1
Public Works Director Jim Kelly gave a brief informational summary of groundwater as well as other
reasons for the requested Change Order. He then answered several Council questions.
Debora Nelson moved to approve Airport Blvd Change Order #1 in the amount of $153,481.33 and
authorize the mayor to sign Change Order #1, subject to final review by the City Attorney. Marilyn Oertle
seconded the motion which passed with a unanimous vote.
Authorization for the Mayor to Sign the FAA Grant for the Opal Property and Emergency Standby
Generator
Airport Manager Rob Putnam addressed the Grant and asked for Council approval.
Debora Nelson moved to authorize the Mayor to sign the FAA grant offer for the amount of $399,753.
Dick Butner seconded the motion which passed with a unanimous vote.
Approve Contract with Seahurst Electric, Inc. for the Airport Standby Generator Project
Mr. Putnam briefly discussed the Standby Generator Project. He then answered Council questions.
Debora Nelson moved to approve a contract with Seahurst Electric, Inc. for the Airport Standby Generator
Project in the am ount of $104,500.35. Marilyn Oertle seconded the motion which passed with a
unanimous vote.
ADMINISTRATOR & STAFF REPORTS
City Administrator Allen Johnson spoke to the funding of pending and ongoing City projects and where
the money has come from. He also discussed the Jensen Business Park flooding economic development
grant that has now been submitted.
COUNCIL MEMBER / MAYOR REPORTS – OPTIONAL
Dick Butner, Randy Tendering, Marilyn Oertle, Mayor Tolbert, Chris Raezer, and Ken Klein gave brief
reports while Debora Nelson and Steve Baker had nothing to report at this time.
EXECUTIVE SESSION
City Attorney announced that there would be no need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 7:34 PM.
____________________________
Barbara Tolbert, Mayor
DRAFT
Page 1 of 3
Council Chambers
110 East Third Street
August 27, 2012
Dick Butner, Randy Tendering, Deborah Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, and Steve
Baker, Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Eric Scott, Cristy Brubaker, Rory Bolter,
Steve Peiffle and Roxanne Guenzler
Council Members Absent: All members were present.
Also Known to be Present: Sarah Arney – North County Outlook, Mike Hopkins – Airport Commission,
Bruce Angell – Planning Commission Chair, and Maxine Jenft
Mayor Tolbert called the meeting to order at 7:00PM.
Marilyn Oertle moved to approve the agenda with a change – moving item #11 to item #1. Ken Klein
seconded the motion, which passed with a unanimous vote approving the Workshop Agenda.
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
Economic Development – COA Retail Competiveness Study
Community & Economic Development Director, Paul Ellis introduced Real Estate Developer and Mayor of
Hunts Point, Washington, Fred McConkey whom presented the City of Arlington Retail Competiveness
Study via power point. The presentation outlined the following points:
• Arlington’s Traffic Mitigation Fees are too expensive – need to be reduced
• Marysville created sales tax rebate for Big Box stores (important to Costco and Target), Arlington
should consider doing the same
• Arlington’s Sales Tax Revenues has stabilized at $3.0M – will not rebound
• Need to cut 6 year Traffic Improvement Plan by 50% to 66% (in process)
• Arlington does not have Big Box zoned land – Marysville was very accommodating to Costco
• Big opportunity is Boeing – concentrate on industrial growth, retail is largely tapped out
• Fix city government expenses to meet current income. City income is not likely to improve
anytime soon.
Discussion of Island Crossing Development Opportunities
Paul Ellis spoke to Island Crossing Development Opportunities, stating the current land owners are
considering the formation of a LID (Local Improvement District). Paul distributed handout to council
outlining the LID formation process and answered council questions.
67th Ave NE Phase III Project – KBA, Inc. Supplement #1
City Engineer, Eric Scott addressed Supplement #1 of the KBA contract. KBA’s current contract provides
construction management up to the end of the bid phase. Supplement #1 amends their contract to
provide construction management services and public outreach for the remainder of the project.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Meeting DRAFT August 27, 2012
Page 2 of 3
67th Ave NE Phase III Project – HDR Supplement #8 for Construction Management Engineering
Services
Eric Scott spoke to HDR Supplement #8 amending their contract to provide construction engineering
services for the remainder of the 67th Ave NE Phase III project. Discussion followed with Mr. Scott
answering council questions.
67th Ave NE Phase III Project – Agreement with AT&T to Install Fiber Optic Conduit
Eric Scott addressed the proposed AT&T Fiber Optic Conduit Agreement. Discussion followed with Mr.
Scott answering council questions.
173rd St NE Proposed Roadway Section
The proposed 173rd Roadway Section was addressed by City Engineer, Eric Scott and Public Works
Director, Jim Kelly. Mr. Kelly stated the Roadway Section was presented to the Smokey Point Citizens
Committee and they were pleased with the final proposal.
Cascade Natural Gas Franchise Agreement
Eric Scott spoke to the proposed Cascade Natural Gas Franchise Ordinance. The current franchise
agreement has expired; the new franchise agreement was based on the model suggested by MRSC to
meet current legal standards.
Utilities Senior Discount Eligibility Requirements
Finance Director Jim Kelly addressed the proposed ordinance amending Arlington Municipal Code
13.12.160(b) that will raise the Low Income Senior Citizens maximum income eligibility threshold that
allows customers to qualify for the utility rate discount.
6 Year Transportation Improvement Plan
Jim Kelly spoke to the 2013–2018 6 Year Transportation Improvement Plan outlining the proposed
projects that are included in the plan. Mr. Kelly stated that in order to be considered for grant funding, the
project has to be on the Transportation Improvement Plan.
Mr. Kelly also spoke to the request by Council to look into improvements at SR 530/211th Place NE. He
distributed an email from Russ East with WSDOT outlining the proposed improvements to this
intersection.
Resolution Authorizing the Closing of the Utilities Administration Change Fund
Finance Director, Jim Chase addressed the amendment of Resolution #692, Authorizing the Closing of
the Utilities Change Fund as the change fund is no longer utilized.
July Financial Report
Jim Chase reviewed the July Financial Report via Power Point presentation. Mr. Chase answered
Council questions throughout the presentation.
Authority to Apply for Hotel-Motel Grants from the City of Arlington
Assistant City Administrator Kristin Banfield and Community and Economic Development Director Paul
Ellis spoke to the request for council approval to apply for the Arlington Hotel Motel Tax Grant for several
city projects.
Public Comment
Sarah Arney spoke to the development of Island Crossing, asking the council be mindful of the beautiful
area that Island Crossing is and not to fill it full of concrete buildings.
Miscellaneous Council Items
Mayor Tolbert apprised council and staff of a proposed retreat on September 29th.
The meeting was adjourned at 9:03PM.
Minutes of the City of Arlington City Council Meeting DRAFT August 27, 2012
Page 3 of 3
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
PH #1
Attachment
B
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
Resolution Adopting the 2013-2018 Six Year Transportation Improvement Plan
ATTACHMENTS:
- 2013-2018 Six Year Transportation Improvement Plan – Proposed Project List
- Resolution adopting the 2013-2018 Six Year Transportation Improvement Plan
DEPARTMENT OF ORIGIN
Public Works
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Council is asked to review the attached draft 2013-2018 Six Year Transportation
Improvement Plan (TIP) and approve the Plan on Sep 4th following a Public Hearing.
HISTORY:
Attached to this CAB is a copy of the City’s proposed Six Year Transportation
Improvement Plan (TIP) for Council review. In accordance with State Law, every
municipality must annually update their TIP for the following six years. Any road
construction project that is to be considered for Intermodal Surface Transportation
Efficiency Act or Transportation Improvement Board funding must be listed on the TIP.
To be eligible for allocation of ½ -cent gas tax monies, projects must also be listed.
The attached TIP represents projects that the City would like to have completed, or
funded, over the next six years – (2013 to 2018)
ALTERNATIVES
- Remand to staff for additional information
- Table pending further discussion
RECOMMENDED MOTION:
I move to approve Resolution 2012-XXXX adopting the 2013-2018 Six Year
Transportation Improvement Plan, pending final review by City Attorney.
RESOLUTION NO. 2012-XXX
RESOLUTION NO. 2012-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON ADOPTING THE OFFICIAL SIX YEAR TRANSPORTATION
IMPROVEMENT PLAN FOR THE CITY OF ARLINGTON.
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO
RESOLVE:
SECTION 1. That certain comprehensive Transportation Improvement Plan for
the six years commencing July 1, 2013 as detailed in the attached “Exhibit A” is hereby
adopted as the Official Six Year Transportation Improvement Plan for the City of
Arlington.
PASSED at a regular meeting of the City of Arlington, Washington held on the 4th
day of September, 2012.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
ATTEST:
________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
Project
No.Transportation Capital Project
Total
Project
Cost Est
6-Year
Program
Cost Est 2013 2014 2015 2016 2017 2018 Comments
1 Pavement Preservation Program $900,000 $900,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 Program to preserve and maintain existing roadway pavement.
2 Arlington Trail Construction Program $275,000 $275,000 $25,000 $25,000 $25,000 $25,000 $25,000 $150,000 Design and construct pedestrian trails per the City's Trail Plan (non-
motorized transportation facilities)
3 Community Transit Bus Transfer Station at
Smokey Point
$3,100,000 Design complete, fully funded by Community Transit.
4 Airport Blvd, Phase I & II $3,691,570 $2,100,000 $2,100,000 Phase 1 constructed in 2012. Phase II funded and ready for
construction in 2013
5 67th Ave, Ph 3 - 204th St to Lebanon St $9,568,716 $7,910,000 $7,910,000 Widening and rehab of 67th Ave between 204th abnd Lebanon.
Design complete, all funding in place, construction set for 2013.
6 173rd St Ph1, Ph, 2, Ph 3 $2,907,000 $2,300,000 $600,000 $950,000 $750,000 Construct 173rd St Phase 3 (2013 ), Phase 1 (2014) and Phase 2 (2015)
7 211th Pl NE - 67th Ave NE to SR530 - $1,685,000 $1,685,000 $35,000 $800,000 $850,000 2013-examine alignment to reroute 211th to SR530 via 59th, 2015-
signalize 59th/SR530, 2016-Construct frontage road and RIRO at
SR530/211th
8 WSDOT - SR531; 43rd Ave to 67th Ave $57,000,000 $57,000,000 $2,000,000 $2,000,000 $6,000,000 $47,000,000 2013/2014-Complete final design, 2015-ROW procurement, 2016-
Construction
9 WSDOT - SR531; 67th Ave to SR-9 $53,000,000 $53,000,000 $300,000 $2,000,000 $2,000,000 $4,000,000 $44,700,000 2014-Route Development and public outreach, 2015/2016-Complete
final design, 2017-ROW procurement, 2018-Construction
10 WSDOT - SR9/Burke Signalization $924,000 $924,000 $924,000 Installation of Signal at Burke and SR9 - per SR9 Route Development
Plan and per SR9 Coalition
11 SNOCO - 172nd Corridor - SR9 to McElroy
Road
$7,231,000 $7,231,000 $7,231,000 Potential Alternative Route to TDR Receiving Area. Snohomish County
Project.
12 186th St NE - SR9 to City Limits $2,000,000 $2,000,000 $500,000 $1,000,000 $500,000 New 2 lane connection with sidewalks both sides. The total project
estimate is $5M and was prepared by Snoh. County. The City's portion
(SR9 to CL) is $2M.
13 Arlington Valley Road - 67th Ave NE to
204th St NE
$2,650,000 $2,650,000 $150,000 $2,500,000 New 3 lane industrial standard road connecting 67th Ave NE to 204th
St NE. Low impact design
14 Smokey Point Blvd 175th PL to 200th St NE
PLANNING
$4,085,000 $4,085,000 $35,000 $150,000 $450,000 $3,450,000 Planning and Coordination with West Arlington Plan to determine
improvements.
15 Smokey Point Blvd 200th St NE to SR530 $6,135,000 $6,135,000 $35,000 $150,000 $450,000 $5,500,000 Planning and Coordination with West Arlington Plan to determine
improvements.
TOTAL $155,152,286 $148,195,000 $12,785,000 $4,419,000 $10,560,000 $54,125,000 $8,575,000 $57,731,000
Total WSDOT
Funded $109,924,000 $109,924,000 $2,000,000 $3,224,000 $8,500,000 $48,500,000 $4,000,000 $43,700,000
Total Grant Funded $11,400,000 $11,400,000 $8,150,000 $500,000 $500,000 $750,000 $750,000 $750,000
Total Other Funding $10,331,000 $7,231,000 $0 0 $0 $0 $0 $7,231,000
Total City Funds $22,598,716 $19,640,000 $2,635,000 $695,000 $1,560,000 $4,875,000 $3,825,000 $6,050,000
NOTES
1. Project completion dependant on funding availability.
2. City funding includes City Transportation funds and grants.
City of Arlington Six Year Transportation Improvement Plan (2013 - 2018)
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
C
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
HDR Engineering Contract for 67th Ave, Phase 3 project, Supplement #8
ATTACHMENTS:
Supplement #8 Scope of Work and Fee estimate
DEPARTMENT OF ORIGIN
Public Works
EXPENDITURES REQUESTED: $129,831.20
BUDGET CATEGORY: TIB Grant, Transportation Imp. Fund and
STP Grant
LEGAL REVIEW:
DESCRIPTION:
Supplement #8 to the HDR contract.
HISTORY:
As part of the 67th Ave construction project, the City needs to retain the project design
engineer, HDR, to be available to answer engineering questions related to the project
construction. Supplement 8 amends the HDR contract allowing HDR to provide
construction engineering services on a “On Call” basis throughout the project
construction.
ALTERNATIVES
- Do not approve supplement to the contract
- Table pending further discussion
RECOMMENDED MOTION:
I move to approve Supplement #8 to the City of Arlington – HDR contract for the
provision of construction engineering services and authorize the mayor to sign
Supplement #8, pending final review by the City Attorney.
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
D
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
City of Arlington & AT&T Fiber Optic Conduit Agreement
ATTACHMENTS:
City of Arlington & AT&T Fiber Optic Conduit Agreement
DEPARTMENT OF ORIGIN
Public Works
EXPENDITURES REQUESTED: $34,118.00
BUDGET CATEGORY: Transportation Improvement & STP Grant
LEGAL REVIEW:
DESCRIPTION:
An agreement between the City of Arlington, and AT&T to install fiber optic conduit
for the City’s IT Infrastructure.
HISTORY:
The proposed improvements for the 67th Ave Phase III project will conflict with the existing
fiber optic duct owned by AT&T. The existing duct serves is the backbone to AT&T
communications for the West Coast, and is located along the length of the project. Per the State
franchise agreement, AT&T is required to relocate their infrastructure at their cost.
As part of this work AT&T offered to install the City’s proposed fiber optic (FO) conduit along
with their conduit installation, the City would only pay for the material cost. Having AT&T
install the City’s FO conduit, a significant cost savings for the project. The construction cost of
installing the conduit through the City’s normal construction methods is approximately
$105,000, AT&T’s cost is less than $35,000. Approximate length of the conduit is 1 mile along
with 7 manholes.
ALTERNATIVES
- Do not approve agreement
- Remand and to staff for further discussion
RECOMMENDED MOTION:
I move to approve the agreement between the City of Arlington and AT&T for the
installation of Fiber Optic Conduit along 67th Avenue and authorize the Mayor to sign
the agreement, pending final review by the City Attorney.
AT&T PROJECT NO. _______________
Page 1 of 11
JOINT INSTALLATIONAND REIMBURSEMENT AGREEMENT
THIS AGREEMENT is made effective as of this____ day of __________, 2012, by AT&T
Communications of the Pacific Northwest, Inc. (hereinafter referred to as “AT&T”), having an
office at 3450 Riverwood Pkwy SE, Atlanta, GA 30339 and the City of Arlington, having an
office at 238 N Olympic Ave., Arlington, Washington 98223 (hereinafter referred to as "the
City").
WITNESSETH:
WHEREAS, AT&T and the City have the need to construct conduit facilities at 67th Avenue NE,
between NE 240th St. and Lebanon St., as more fully descried in Exhibit “A” attached hereto and
incorporated herein as referenced; and
WHEREAS, in the interest of economic considerations, AT&T has agreed to install the City’s
facilities, for which the City will reimburse AT&T the cost of materials, including conduits,
manholes and applicable sales tax; and
WHEREAS, AT&T is acting as the lead to accomplish this work; and,
WHEREAS, AT&T and the City wish to set forth the terms and conditions of said construction
effort;
NOW, THEREFORE, in consideration of the mutual promises and conditions set forth below,
AT&T and the City agree as follows:
1. AT&T shall be responsible for managing the construction and ensuring that it is
completed in accordance with the plans and specifications set forth in Exhibit
"A". Construction of these facilities shall be completed by a contractor selected
by AT&T using its normal bidding process from a list of contractors approved by
AT&T. The City may inspect the work at any reasonable time, either prior to,
during or after construction to ensure that the specifications have been carried out.
The inspection shall not operate as a waiver of the City’s rights under this
Agreement.
2. AT&T shall be solely responsible for obtaining any necessary rights-of-way,
encroachment permits, licenses, approvals or any other authority required for
AT&T to maintain its occupancy and use of the right-of-way during and after
completion of the construction.
3. Upon completion of the construction, AT&T and the City agree to maintain its
respective facilities and system separately and apart from any other Carrier's
facilities and system; however, any operations or actions having the potential to
impact or interfere with any other facilities or system, or to disrupt the integrity of
either party’s facilities or system in any way, must be coordinated (as much in
advance as possible) with the other Party(s).
AT&T PROJECT NO. _______________
Page 2 of 11
4. Reimbursement for costs and expenses:
The City agrees to reimburse AT&T within sixty (60) days of the receipt of detailed
invoice(s) with supporting documentation for the costs of all applicable materials.
Reimbursement shall be on the following basis:
a. The estimated cost of the relocation for the City is Thirty-Four Thousand, One
Hundred and Eighteen Dollars ($34,118.00) as shown in Exhibit “B”.
b. The City agrees to pay for any and all of those actual expenses attributable to
the City’s unique work, supplies or material as set forth in Exhibit “C”, if applicable.
5. In no event shall AT&T hereunder be liable to the City for any indirect,
consequential or incidental damages, including, without limitation, loss of
revenue, loss of customers or loss of profits arising from this Agreement and the
performance or non-performance of obligations hereunder.
6. AT&T’s inspector shall have the right to stop construction if construction activity
would jeopardize the integrity of AT&T's or the City’s system or would cause an
unsafe or hazardous condition.
7. Both AT&T and the City shall indemnify, defend and hold harmless each other,
their employees, officers, directors, agents, contractors and assigns of each of
them, from any loss, damages and injuries, including death, to any person, arising
out of this Agreement the performance or the breach thereof, to the extent such
damage, injury or death was caused by the negligence of the indemnifying party,
any subcontractor of the indemnifying party or their employees, servants,
contractors, subcontractors or agents while performing under this Agreement.
Such indemnification and save harmless obligation shall apply only to direct
damages which are proven and shall not apply to the extent such damage, injury
or death was caused by the indemnified party’s act or omission or the act or
omission of the indemnified party’s agents, servants, employees or others; and,
provided, that such indemnification and save harmless obligation is expressly
conditioned on the following: (i) that the indemnifying party shall be notified in
writing promptly of any such claim or demand (ii) that the indemnifying party
shall have sole control of the defense of any action or such claim or demand and
of all negotiations for its settlement or compromise, and that (iii) the indemnified
party shall cooperate with the indemnifying party in a reasonable way to facilitate
the settlement or defense of such claim or demand.
8. AT&T warrants that the work hereunder shall comply with all applicable state and
local laws and ordinances and will strictly comply with the provisions of this
Agreement and with all specifications and drawings referred to in this Agreement.
AT&T PROJECT NO. _______________
Page 3 of 11
The work hereunder performed by AT&T or its contractors shall be first-class in
every particular and shall be free from defects in materials, construction and
workmanship. AT&T further guarantees the City that all materials, equipment
and supplies furnished by AT&T for the work shall be new, merchantable and of
the most suitable grade and fit for their intended purpose. Without limitations of
any other rights or remedies of the City, if any defect in the work in violation of
the foregoing guarantees arises within twelve (12) months after the date of final
acceptance of work by the City, AT&T shall, upon receipt of written notice of
such defect, promptly furnish, at no cost to the City, all labor, equipment and
materials at the job site necessary to correct such defect and cause the work to
comply fully with the foregoing guarantees. If AT&T fails to promptly correct
any defect, then the City may correct, or cause to have corrected, such defect and
AT&T shall reimburse the City for all such related, reasonable and verifiable costs
of correction.
9. AT&T shall obtain and comply with, or cause to be obtained and complied with,
all permits, certificates and licenses required by any governmental authority for
the work hereunder. AT&T (or its subcontractor) shall comply with all railroad
safety requirements, OSHA and the general safety requirements, as well as all
other federal, state and local rules and regulations which may apply during the
performance of the work hereunder and shall indemnify, defend and hold harmless
the City and any other entity granting the right-of-way and their directors, officers,
employees and representatives against all liability, claims, losses, fines and
penalties arising out of the failure or asserted failure of AT&T or its
subcontractor(s) to comply therewith.
10. AT&T shall maintain or cause to be maintained, during the entire progress of the
work hereunder, insurance of the following types with limits not less than those
set forth below:
a. Worker's Compensation in accordance with the provisions of the
applicable Worker's Compensation law or similar laws of the state
or other political division having jurisdiction over the employee,
and Employer's Liability with a limit of liability of $100,000.00 for
each occurrence.
b. Commercial General Liability, including coverage for independent
contractors, Completed Operations Liability and Contractual
Liability, with a combined single limit of liability of $1,000,000.00
per occurrence $1,000,000 per the aggregate for bodily injury and
property damage.
c. Automobile liability covering use of all owned, non-owned and
hired vehicles with a combined single limit of liability of
$1,000,000.00 per occurrence for bodily injury and property
damage.
AT&T PROJECT NO. _______________
Page 4 of 11
d. Upon request, Certificates of Insurance reasonably satisfactory in
form to the City shall be supplied by AT&T to the City evidencing
that the above insurances are in force, that insurers shall endeavor
to provide not less than thirty (30) days' written notice to the City
prior to any cancellation of the policies and that the waiver of
subrogation described below is in force.
e. AT&T hereby waives subrogation against and releases the City
from all liability covered by AT&T’s insurance for losses or claims
arising out of AT&T’s performance of this Agreement.
f. The City shall be included as Additional Insured on all liability
insurance policies required by this Agreement, except Worker's
Compensation, required in this Section 11.
g. All insurance policies shall provide coverage with respect to work
performed on railroad right-of-way and shall be in addition to any
other insurance coverage AT&T is required to have under the
terms of its agreement(s) for use and occupancy of the right-of-way
within which the construction hereunder is to be performed.
11. AT&T agrees to indemnify, defend and hold the City harmless from all laborers',
materialmen's and mechanics' liens arising out of AT&T’s performance of work
hereunder and shall keep the City free from all such claims, liens and
encumbrances. To the full extent permitted by law, AT&T waives all rights of
lien against the property and the City. If AT&T fails to release and discharge any
such claim or lien within thirty (30) days after the receipt of notice from the City
to remove such claim or lien, the City may, at its sole option, discharge or release
the claim or lien and AT&T shall pay the City any and all costs and expenses,
including reasonable attorney's fees and cash settlements, incurred by the City in
connection with such discharge or release.
12. AT&T and the City agree that all information with respect to this relocation will
be kept confidential and will be used for internal company purposes only.
13. This Agreement may be executed by the parties in separate counterparts, each of
which shall be deemed to be an original copy, but all of which, together, shall
constitute only one agreement.
14. Each party represents to the other that it has the ability and authority to enter into
this Agreement and that its respective signatories are fully authorized to execute
this Agreement on its behalf.
15. This Agreement, and attachments hereto, supersedes and replaces any prior
agreements, understandings or arrangements, whether oral or written, heretofore
AT&T PROJECT NO. _______________
Page 5 of 11
made between AT&T and the City and relating to the subject matter hereof. This
Agreement shall not be modified, changed, altered or amended except by express
written agreement signed by duly authorized representatives of both AT&T and the
City hereto.
IN WITNESS WHEREOF, AT&T and the City hereto have executed this Agreement on the
day and year below written, but effective as of the day and year first set forth above.
AT&T Communications of the Pacific Northwest, Inc.
By and through AT&T Corp.
By: ___________
Printed Name:_____________________________
Title:____________________________________
Date: ___________________________________
City of Arlington
By: ________
Printed Name:___________________________
Title:__________________________________
Date: _________________________________
AT&T PROJECT NO. _______________
Page 6 of 11
EXHIBIT A
SCOPE OF WORK
AT&T’s contractor shall install three (3) two inch (2”) HDPE conduits and seven (7) manholes
from the location of a proposed AT&T intercept manhole and City’s manhole at station 4746+21,
to the location of a proposed AT&T intercept manhole and City’s manhole at station 4794+10
which locations are indicated on the drawings attached as Exhibit C. The surface areas shall be
restored to as close to preconstruction conditions as possible.
.
AT&T PROJECT NO. _______________
Page 7 of 11
EXHIBIT B
Cost Estimate Breakdown
Item Description Qty Unit Cost Ext. Cost
444LA Manhole (material only) 7 $ 2,200.00
15,400.00
2" HDPE, SDR11, Gray, Green & White
15,600 $ 0.86
13,416.00
As-Built Drawings 40 $ 65.00
2,600.00
Subtotal
31,416.00
Local & WA Sales Tax @ 8.6%
2,702.00
Total Estimated Reimbursable Costs
34,118.00
AT&T PROJECT NO. _______________
Page 8 of 11
EXHIBIT C
UNIQUE COSTS
There are no Unique Costs identified
AT&T PROJECT NO. _______________
Page 9 of 11
Exhibit D
BILL OF SALE
AT&T Communications of the Pacific Northwest, Inc., by and through AT&T Corp., a New York corporation located at
3450 Riverwood Parkway SE, Atlanta, Georgia 30339 (“Seller”) for and in consideration of the sum of Thirty Four
Thousand One Hundred Eighteen Dollars and Zero Cents ($34,118.00), and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, does hereby, grant, bargain, sell, convey, transfer, assign and set
over unto the City of Arlington, located at 238 N Olympic Ave., Arlington, Washington (“Buyer”), its successors and
assigns, all right, title and interest in and to that certain personal property commonly known as the City of Arlington Duct
(the “Facilities”) that are more specifically identified on Exhibit D1, attached hereto and incorporated herein by reference.
1. Except for the covenants, representations, and warranties specifically set forth in this Bill of Sale, Seller makes no
covenants, representations, and/or warranties to Buyer or any other person or entity, whether express, implied or statutory,
as to the construction, installation, description, quality, merchantability, completeness or fitness for any particular purpose
of the Facilities or as to any other matter, all of which covenants, representations, and/or warranties are hereby expressly
excluded and disclaimed.
2. Seller hereby warrants to Buyer that immediately prior to the delivery of this Bill of Sale: (a) Seller is the sole
owner of the Facilities and has full right, power and authority to sell and transfer same as herein provided; (b) The Facilities
have been installed in a good and workmanlike manner and in accordance with all applicable laws, rules and regulations;
(c) The Facilities are free and clear of any security interests or other liens, encumbrances, claims or rights of others of any
kind whatsoever; (d) Seller has obtained any and all governmental or municipal approval, franchise and authorization,
right-of-way agreement, conduit agreement and lease, license, consent or other agreement or authorization relating to the
construction and use of the Facilities; and (e) There are no proceedings, actions, litigation, bankruptcy petitions, judgments
or claims of any nature whatsoever, against Seller that relate to the Facilities on Seller’s right to transfer same, pending or
threatening, before any government, regulatory authority or any administrative forum.
3. The parties shall complete any forms and make such tax filings pertaining to the transaction contemplated by this
Bill of Sale as may be required by any federal, state, county, city or other applicable law, rule or ordinance.
4. Seller shall warrant and defend good and marketable title to the Facilities against any and all claims and demands
of all persons and entities whatsoever.
5. This Bill of Sale may be executed in several counterparts, which shall constitute one and the same instrument.
6. This Bill of Sale shall be governed by the laws of the State of Washington, without regard to choice of law
principles.
IN WITNESS WHEREOF, the parties have caused this Bill of Sale to be duly executed and delivered as of this ____ day
of ______________, 2012.
SELLER:
AT&T Communications of the Pacific Northwest, Inc,
By: AT&T Corp., a New York corporation
By:_________________________________
Name:
Title:
BUYER:
CITY OF ARLINGTON
By: ________________________________
Name:
Title:
AT&T PROJECT NO. _______________
Page 10 of 11
Dated: ______________________________
AT&T PROJECT NO. _______________
Page 11 of 11
EXHIBIT D1
Three (3) two inch (2”) HDPE conduits and Seven (7) manholes from the location of a proposed
AT&T intercept manhole and City’s manhole at station 4746+21, to the location of a proposed
AT&T intercept manhole and City’s manhole at station 4794+10.
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
E
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
Approval of Proposed 173rd St. Roadway Section
ATTACHMENTS:
173rd St. Proposed Roadway Section
DEPARTMENT OF ORIGIN
Public Works
EXPENDITURES REQUESTED: NA
BUDGET CATEGORY: NA
LEGAL REVIEW:
DESCRIPTION:
Council is being asked to approve the 173rd St. roadway section recommended by the
Smokey Point Citizen’s Committee and authorize staff to proceed with design.
HISTORY:
In 2011 the City of Arlington began moving forward with the installation of a new road,
173rd St., in the alignment identified in the City adopted Transportation Element of the
General Comprehensive Plan. The initial work entailed procurement of Right-of-way
(ROW) and contracting with Perteet Engineers for engineering design services.
Staff met with the Smokey Point Citizen’s Committee to discuss the 173rd Street project
and to solicit their input on the roadway cross section that would like to have abutting
their properties and also meet the requirements of the City’s future transportation
needs. The attached road section represents the recommendation of the committee and
Staff.
ALTERNATIVES
- Remand to staff for further discussion
RECOMMENDED MOTION:
I move to approve the 173rd Street roadway section jointly recommended by staff and
the Smokey Point Citizen’s Committee, and direct staff move forward with the 173rd
Street roadway design incorporating this roadway cross section.
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
F
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
Ordinance 2012-XXXX granting Cascade Natural Gas a franchise to provide gas service
within Arlington City Limits
ATTACHMENTS:
Ordinance for Cascade Natural Gas Franchise Agreement
DEPARTMENT OF ORIGIN
Public Works
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Attached is a proposed ordinance granting Cascade Natural Gas Corporation the right
to install and maintain natural gas infrastructure within City Limits.
HISTORY:
The current franchise agreement with Cascade Natural Gas has expired and a new one
needs to be approved to allow natural gas service to continue within City limits. The
new franchise agreement is based on the franchise agreement model suggested by
MRSC required to meet current legal standards.
ALTERNATIVES
- Do not approve agreement
- Remand and to staff for further discussion
RECOMMENDED MOTION:
I move to approve Ordinance 2012-XXXX granting Cascade Natural Gas a franchise to
provide gas service within Arlington City Limits and authorize the Mayor to sign the
agreement, pending final review by the City Attorney.
Page 1 of 8
ORDINANCE NO.
2012-____
AN ORDINANCE GRANTING CASCADE NATURAL GAS CORPORATION, A
WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO SET, ERECT, LAY,
CONSTRUCT, EXTEND, SUPPORT, ATTACH, CONNECT, MAINTAIN, REPAIR,
REPLACE, ENLARGE, OPERATE AND USE FACILITIES IN, UPON, OVER,
UNDER, ALONG, ACROSS AND THROUGH THE FRANCHISE AREA TO
PROVIDE FOR THE
TRANSMISSION, DISTRIBUTION AND SALE OF NATURAL GAS FOR POWER,
HEAT AND LIGHT, AND ANY OTHER PURPOSES FOR WHICH NATURAL GAS
AND ELECTRIC ENERGY MAY BE USED.
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1.
Definitions.
1.1 Where used in this franchise (the "Franchise") the following terms shall mean:
1.1.1 "CNG" means Cascade Natural Gas Corporation, a Washington
corporation, and its successors and assigns.
1.1.2 "City" means the City of Arlington, a Municipal Corporation within the State of
Washington, and its successors and assigns.
1.1.3 "Franchise Area" means any, every and all right-of-way for public roads, streets,
avenues, alleys, highways and other public ways of the City as now laid out, platted,
dedicated or improved; and any, every and all right-of-way for public roads, streets,
avenues, alleys, highways and other public ways that may hereafter be laid out,
platted, dedicated or improved within the present limits of the City and as such limits
may be hereafter extended. For the purpose of this definition, right-of-way includes
property owned by the City in fee and used for public roads and other public ways of
the City.
1.1.4 "Facilities" means, collectively, any and all (i) natural gas distribution systems,
including but not limited to, gas pipes, pipelines, mains, laterals, conduits, feeders,
regulators, meters, meter-reading devices, and communication systems; and (ii) any and
all other equipment, appliances, attachments, appurtenances and other items necessary,
convenient, or in any way appertaining to any and all of the foregoing, whether the same
be located over or under ground.
1.1.5 "Ordinance" means Ordinance No. 2012-XXX, which sets forth the terms and
conditions of this Franchise.
Page 2 of 8
1.1.6 "Public right of way improvement" is a City-funded capital improvement to the
public right of way.
Section 2. Facilities Within Franchise Area.
2.1 The City does hereby grant to CNG the right, privilege, authority and franchise to set, erect,
lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge, operate and
use Facilities in, upon, over, under, along, across and through the Franchise Area to provide for
the transmission, distribution and sale of natural gas for power, heat, light and such other
purposes for which gas may be used.
Section 3. Noninterference of Facilities.
3.1 CNG's Facilities shall be maintained within the Franchise Area so as not to unreasonably
interfere with the free passage of traffic and in accordance with the laws of the State of
Washington and the City. CNG shall exercise its rights within the Franchise Area in
accordance with applicable City codes and ordinances governing use and occupancy of the
Franchise Area; provided, however, in the event of any conflict or inconsistency of such codes
and ordinances with the terms and conditions of this Franchise, the terms and conditions of this
Franchise shall govern and control; provided, further, nothing herein shall be deemed to waive,
prejudice or otherwise limit any right of appeal afforded CNG by such City codes and
ordinances.
3.2 CNG shall provide the City, upon the City's reasonable request, copies of available drawings
in use by CNG showing the location of its Facilities at specific locations within the Franchise
Area and shall provide field markings of its underground Facilities within the Franchise Area for
the design of City projects at no cost to the City. As to any such drawings so provided, CNG
does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such
Facilities are shown in their approximate location. With respect to any excavations within the
Franchise Area undertaken by or on behalf of CNG or the City, nothing herein is intended (nor
shall be construed) to relieve either party of their respective obligations arising under applicable
law with respect to determining the location of utility facilities.
Section 4. Relocation of Facilities.
4.1 Whenever the City causes a public right of way improvement to be undertaken within the
Franchise Area, and such public right of way improvement requires the relocation of CNG's
then existing Facilities within the Franchise Area (for purposes other than those described in
paragraph 4.2 below), the City shall:
4.1.1 provide CNG, within a reasonable time prior to the commencement of such
public right of way improvement, written notice requesting such relocation; and
4.1.2 provide CNG with reasonable plans and specifications for such public right of
way improvement.
After receipt of such notice and such plans and specifications, CNG shall relocate such Facilities
within the Franchise Area at no charge to the City. The City will makes its best efforts to avoid
Page 3 of 8
the need for such moving or changing whenever possible. In the event the city receives any
Federal, state or other funds for gas line relocating purposes, the Grantee will be given credit to the
extent any such funds are actually received by the City.
4.2 Whenever (i) any public or private development within the Franchise Area, other than a
public right of way improvement, requires the relocation of CNG's Facilities within the Franchise
Area to accommodate such development; or (ii) the City requires the relocation of CNG's
Facilities within the Franchise Area for the benefit of any person or entity other than the City, then
in such event, CNG shall have the right as a condition of such relocation, to require such
developer, person or entity to make payment to CNG, at a time and upon terms acceptable to
CNG, for any and all costs and expenses incurred by CNG in the relocation of CNG's Facilities.
4.3 Any condition or requirement imposed by the City upon any person or entity, other than
CNG, that requires the relocation of CNG's Facilities shall be a required relocation for purposes
of paragraph 4.2 above (including, without limitation, any condition or requirement imposed
pursuant to any contract or in conjunction with approvals or permits for zoning, land use,
construction or development).
4.4 Nothing in this Section 4 "Relocation of Facilities" shall require CNG to bear any cost or
expense in connection with the location or relocation of any Facilities then existing pursuant to
easement or such other rights not derived from this Franchise.
Section 5. Indemnification.
5.1 CNG hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold
harmless the City, its officers, employees, agents and representatives from any and all claims, costs,
judgments, awards or liability to any person, including claims by CNG's own employees for which
CNG might otherwise be immune under Title 51 RCW, for injury or death of any person or
damage to property caused by or arising out of the negligent acts or omissions of CNG, its agents,
servants, officers or employees in the performance of this Franchise, and any rights granted
hereunder. If CNG is required to indemnify and defend the City, CNG shall control the defense. CNG
shall not settle such claim, judgment, award or liability without the consent of the City, which consent
shall not be unreasonably withheld. This section is not, and shall not be interpreted or shall not constitute
as to third parties, a waiver of any defense or immunity available to the City. CNG, in defending any
suit, action, claim or proceeding on behalf of the City, shall be entitled to assert in any such suit, action,
claim or proceeding every defense or immunity the City could assert on its own behalf. This franchise
agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or
limitations on liability pursuant to Washington law or statute.
Inspection or acceptance by the City of any work performed by CNG at the time of
completion of construction shall not be grounds for avoidance by CNG of any of its
obligations under this Section. Said indemnification obligations shall extend to claims which
are not reduced to a suit and any claims which may be compromised prior to the culmination
of any litigation or the institution of any litigation.
In the event that CNG refuses the tender of defense in any suit or any claim, said tender
having been made pursuant to the indemnification provision contained herein, and said refusal is
subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall
Page 4 of 8
agree to decide the matter), to have been a wrongful refusal on the part of CNG, then CNG shall pay
all of the City's costs for defense of the action, including all expert witness fees, costs, and attorney's
fees, including costs and fees incurred in recovery under this indemnification provision.
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 CNG and the City, its officers,
employees and agents, CNG's liability hereunder shall be only to the extent of CNG's negligence. It
is further specifically and expressly understood that the indemnification provision provided herein
constitutes CNG’s waiver of immunity under 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 or termination of this Franchise.
Section 6. Insurance
6.1 CNG shall procure and maintain for the duration of this Franchise, insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the exercise
of the rights, privileges and authority granted hereunder to CNG, its agents, representatives or
employees. CNG shall provide a copy of a Certificate of Insurance to the City for its inspection
prior to the adoption of this Franchise Ordinance, and such insurance certificate shall evidence a
policy of insurance that includes:
A. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per
occurrence for bodily injury and property damage; and
B. Commercial General Liability insurance, written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal
injury, bodily injury and property damage. Coverage shall include but not be limited to:
blanket contractual; products and completed operations; broad form property damage;
explosion, collapse and underground (XCU); and employer's liability.
CNG may satisfy the requirements of this section by a self-insurance program or membership in
an insurance pool providing substantially the same coverage as set forth above.
Section 7. Vacation or Disposal of Franchise Area.
7.1 In the event the City vacates or disposes of any portion of the Franchise Area during the
term of this Franchise, the City shall provide CNG prior notice of same, and in its vacation or
disposal procedure shall reserve an easement for utilities suitable for CNG's Facilities if the
Arlington City Council deems such action to be in the best interests of the public welfare and
the City.
Section 8. Default.
8.1 If CNG willfully violates or fails to comply with any of the provisions of this Franchise, or
through willful misconduct or gross negligence fails to heed or comply with any notice given
CNG by the City under the provisions of this Franchise, then CNG shall, at the election of the
Arlington City Council, forfeit all rights conferred hereunder and this Franchise may be revoked
or annulled by the Council after a hearing held upon notice to CNG.
Page 5 of 8
Section 9. Remedies to Enforce Compliance.
9.1 The City may elect, in lieu of the provisions of Section 8 above and without any prejudice to
any of its other legal rights and remedies, to obtain an order from the superior court having
jurisdiction compelling CNG to comply with the provisions of this Ordinance and to recover
damages and costs incurred by the City by reason of CNG's failure to comply. In addition to any
other remedy provided herein, the City reserves the right to pursue any remedy to compel or force
CNG and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right
or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation
for breach of the conditions herein.
Section 10. City Ordinances and Regulations.
10.1 Nothing herein shall be deemed to restrict the City's ability to adopt and enforce all necessary
and appropriate ordinances regulating performance of the conditions of this Franchise, including
any valid ordinance made in the exercise of its police powers in the interest of public safety and for
the welfare of the public. The City shall have the authority at all times to control by appropriate
regulations the location, elevation, manner of construction and maintenance of any Facilities within
the Franchise Area by CNG, and CNG shall promptly conform with all such regulations, unless
compliance would cause CNG to violate other requirements of law or applicable regulation. The
provisions of Arlington Municipal Code shall apply to performance of the conditions of this
Franchise except as may be inconsistent or in conflict with the provisions of this Franchise.
Section 11. Nonexclusive Franchise.
11.1 This Franchise is not, and shall not be deemed to be, an exclusive Franchise. This
Franchise shall not in any manner prohibit the City from granting other and further franchises
over, upon, and along the Franchise Area that do not interfere with CNG's rights under this
Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or
affect the jurisdiction of the City over the same or any part thereof.
Section 12. Franchise Term.
12.1 This Franchise is and shall remain in full force and effect for a period of twenty (20) years
from and after the effective date of the Ordinance; provided, however, CNG shall have no rights
under this Franchise nor shall CNG be bound by the terms and conditions of this Franchise
unless CNG shall, within sixty (60) days after the effective date of the Ordinance, file with the
City its written acceptance of the Ordinance.
Section 13. Assignment.
13.1 This Franchise may not be assigned or transferred without the written consent of the City. In
the case of transfer or assignment as security by mortgage or other security instrument in whole or
in part to secure indebtedness, such consent shall not be required unless and until the secured party
elects to realize upon the collateral. CNG shall provide prompt written notice to the City of any
such assignment or transfer, and all of the provisions, terms, conditions, and requirements this
Franchise shall be binding upon successors and assigns as if they were specifically mentioned
wherever CNG is named herein.
Page 6 of 8
Section 14. Acceptance.
14.1 Within sixty (60) days after the passage and approval of this Ordinance, this Franchise may be
accepted by CNG by its filing with the City Clerk an unconditional written acceptance thereof.
Failure of CNG to so accept this Franchise within said period of time shall be deemed a rejection
thereof by CNG, and the rights and privileges herein granted shall, after the expiration of the sixty
day period, absolutely cease and determine, unless the time period is extended by ordinance duly
passed for that purpose.
Section 15. Survival.
15.1 All of the provisions, terms, conditions and requirements of Sections 4, Relocation of
Facilities; 5, Indemnification; and 6, Insurance; of this Franchise shall be in addition to any and all
other obligations and liabilities CNG may have to the City at common law, by statute, or by
contract, and shall survive the termination or expiration of this Franchise and any renewals or
extensions thereof.
Section 16. Notice.
16.1 Any notice or information required or permitted to be given to the parties under this Franchise
agreement may be sent to the following addresses unless otherwise specified:
CITY OF ARLINGTON CASCADE NATURAL GAS
Public Works Director 8113 W Grandridge Blvd.
238 N. Olympic Ave. Kennewick, WA 99336
Arlington, WA 98223 ______________________
Section 17. Severability.
17.1 If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Ordinance unless such invalidity or unconstitutionality materially alters the rights, privileges, duties,
or obligations hereunder, in which event either party may request renegotiation of those remaining
terms of this Franchise materially affected by such courts' ruling.
Section 18. Miscellaneous.
18.1 If any provision, term, condition or portion of this Franchise shall be held to be invalid,
such invalidity shall not affect the validity of the remaining portions of this Franchise, which
shall continue in full force and effect. The headings of sections and paragraphs of this Franchise
are for convenience of reference only and are not intended to restrict, affect or be of any weight
in the interpretation or construction of the provisions of such sections or paragraphs.
18.2 This Franchise may be amended only by written instrument, signed by both parties, which
specifically states that it is an amendment to this Franchise and is approved and executed in
accordance with the laws of the State of Washington. Without limiting the generality of the
Page 7 of 8
foregoing, this Franchise (including, without limitation, Section 5 above) shall govern and
supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise
amended by any permit, approval, license, agreement or other document required by or obtained
from the City in conjunction with the exercise (or failure to exercise) by CNG of any and all
rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
18.2.1 references this Franchise; and
18.2.2 states that it supersedes this Franchise to the extent it contains terms and
conditions that change, modify, delete, add to, supplement or otherwise amend the terms and
conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this Franchise and the
provisions of any such permit, approval, license, agreement or other document, the provisions of
this Franchise shall control.
18.3 This Franchise is subject to the provisions of any applicable tariff on file with the
Washington Utilities and Transportation Commission or its successor. In the event of any
conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions
of such tariff shall control.
Page 8 of 8
Section 19. No Third Party Beneficiary.
19.1 Nothing in this Franchise shall be construed to create any rights in or duties to any third party,
nor any liability to or standard of care with reference to any third party, nor confer any right or
remedy upon any person other than the City and CNG. No action may be commenced or
prosecuted against either the City or CNG by any other party claiming beneficiary of this Franchise
and nothing this Franchise shall release or discharge any obligation or liability of any third party to
either the City or CNG.
Section 20. Effective Date.
20.1 This Ordinance, being an exercise of a power specifically delegated to the City legislative
body, is not subject to referendum, and shall take effect (5) days after passage and publication of an
approved summary thereof consisting of the title.
Section 23. Cost of Publication.
23.1 The cost of the publication of this Ordinance shall be borne by CNG.
Passed by the City Council of the City of Arlington the _______ day of
__________________, 2012.
APPROVED:
BARBARA TOLBERT, MAYOR
APPROVED AS TO FORM:
BY:
CITY ATTORNEY, STEVEN J. PEIFFLE
ATTEST/AUTHENTICATED:
KRISTIN BANFIELD, CITY CLERK
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
G
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
Ordinance amending Arlington Municipal Code 13.12.160(b)
ATTACHMENTS:
- Comparison of Local Area Senior Low Income Utility Rate Discount Programs
- Sample of New Senior Low Income Utility Rate Application Form
- Ordinance 2012-XXX amending Arlington Municipal Code 13.12.160(b)
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: None
LEGAL REVIEW:
DESCRIPTION:
This is an ordinance amending Arlington Municipal Code 13.12.160(b) that will raise
the Low Income Senior Citizens maximum income eligibility threshold that allows
them to qualify for the utility rate discount.
HISTORY:
The City of Arlington offers a 40% discount on utility rates to low income senior
citizens, currently low income senior citizens can qualify for this discount if they are 61
years of age or older, and earn $28,000.00 or less. This proposed change would raise
the eligibility threshold to those earning incomes of $30,000.00 and less, allowing more
seniors to qualify for the discount.
ALTERNATIVES
• Remand to staff for further consideration
RECOMMENDED MOTION:
I move to approve the proposed Ordinance amending Arlington Municipal Code
13.12.160(b) raising the Low Income Senior Citizens maximum income eligibility
threshold.
ORDINANCE NO. _______ 1
ORDINANCE NO.
2012-XXXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE SECTION 13.12.160
OF THE ARLINGTON MUNICIPAL CODE PERTAINING TO
LOW INCOME SENIOR UTILITY RATE DISCOUNTS
WHEREAS, the City of Arlington has the authority to set rates and charges for its utility
system; and
WHEREAS, the City Council has reviewed and now wishes to update the income levels
which qualifies eligible senior citizens to a reduction in utility rates; and
WHEREAS, the City Council considered this amendment at their meeting on September
4, 2012, and determined approving the amendment was in the best interest of the City and its
citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code section 13.12.160(b) shall be and hereby is
amended to read as follows:
(b) For purposes of this section, the term "qualifying senior
citizens" shall mean those ratepayers who are sixty-one years of
age or older, whose household income is twenty-eight thirty
thousand dollars or less. For purposes of verifying income,
ratepayers seeking to qualify under this section shall provide
annual proof of age and income as may be required by the city
upon forms retained by the finance director for that purpose.
Section 2. Effective Date. This Ordinance or a summary thereof shall be published
in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5)
days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_________________, 2012.
ORDINANCE NO. _______ 2
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 #6
Attachment
H
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
Consideration of Notification of Intention to Annex – 10% Petition for Country Charm
Annexation (PLN20120007)
ATTACHMENTS:
1. 10% Petition for Annexation to City of Arlington
2. Country Charm Annexation – Addendum to Land Use Application
3. Exhibit A
4. Vicinity and Zoning Maps of Proposed Annexation
DEPARTMENT OF ORIGIN
Community and Economic Development – Paul Ellis, 360-403-4603
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
A 10% Petition for Annexation form has been submitted for approximately 201 acres located in
the northeast corner of the City, of which approximately 150 acres are owned by the City and
approximately 16 acres are owned by Hank and Betty Graafstra. The remaining 35 acres will
fill the gap between the current City limits and the City Urban Growth Area (UGA) and
consists mostly of land where the Stillaguamish River lies. The properties are within the City
Urban Growth Area and the current City limits abut the proposed annexation area to the west
and south. The City’s Comprehensive Plan designates the lowland area (Country Charm
Conservation Park) and the Stillaguamish River land as Public / Semi-public (PSP), the upland
area as High Density Residential (RHD) and Neighborhood Commercial (NC) and the land
between SR530 and Alcazar as Old Town Business District 3 (OTBD-3). The zoning map pre-
zones this area with the same designations.
HISTORY:
The City purchased the lowland property in March of 2010 from Hank and Betty Graafstra to
develop a park. At that time Mr. Graafstra was working through property tax considerations
on the upland property. Once the tax issues were determined, the Graafstra’s elected to pursue
annexation of the upland property. The city has completed a Development Agreement with the
Graafstras which outlines the timing of annexation along with reclassifying and rezoning the
upland property in the Comprehensive Plan and the Land Use Code to Urban Horticulture
(UH) and Neighborhood Commercial (NC). This process will be done separately from the
annexation.
ALTERNATIVES
1. Approve.
2. Deny with or without prejudice.
3. Geographically modify
RECOMMENDED MOTION:
I move to accept the Annexation 10% Petition form for the Country Charm Annexation,
allowing the circulation of the 60% petition for annexation, subject to the assumption of their
proportionate share of the City’s bonded indebtedness and the assumption of the
Comprehensive Plan Land Use Designations as shown on the maps, and to schedule a Public
Hearing for the 60% petition for annexation at the September 17, 2012 City Council meeting.
Addendum to the application for country charm annexation to the City of Arlington, WA
1 of 3
EXHIBIT "A"
COUNTRY CHARM ANNEXATION
CITY OF ARLINGTON, WA
ADDENDUM TO LAND USE APPLICATION / ANNEXATION FORM
Land Use Application references to “See Attached Addendum” as stated on the application form.
The signed applicants and proponents for this annexation request are Hank and Betty Graafstra
and the City of Arlington.
List all property Parcel Numbers (all 14 digits)
31050100201900 – City of Arlington
31050100302200 – Hank and Betty Graafstra
31050100300200 – Cathy Dione
31050100300600 – Debra Jean Lee
00461803401000 – Jon Morris
00461803400801 – Scott Steffan
00461803400700 – Anna Macneill
00461803400400 – Western Washington Seventh-Day Adventists
00461803400100 – Western Washington Seventh-Day Adventists
Points of Access to Property
The subject parcels are accessed by two intersecting roads, Gilman Ave NE and Alcazar Ave
NE w h i c h provides direct access to the upland and lowland parcels. These parcels are owned
by Hank and Betty Graafstra and the City of Arlington.
Street or known address of property
The proposed annexation includes nine tax parcels. The addresses are as
follows:
Owner Address Parcel Number
City of Arlington
E. Gilman Ave NE 31050100201900
Hank and Betty Graafstra 604 E. Gilman Ave NE 31050100302200
Cathy Dione 605 Alcazar Ave NE 31050100300200
Debra Jean Lee Unknown 31050100300600
Addendum to the application for country charm annexation to the City of Arlington, WA
2 of 3
Street or known address of property (cont.)
Owner Address Parcel Number
Jon Morris Unknown 00461803401000
Scott Steffan Unknown 00461803400801
Anna Macneill Unknown 00461803400700
Western Washington
Seventh-Day Adventists Unknown 00461803400400
Western Washington
Seventh-Day Adventists Unknown 00461803400100
Legal Description of Property – (source is Snohomish County Assessor’s profiles)
31050100201900 Section 01 Township 31 Range 05 Quarter NE - SEG'D FOR TAX PURPOSES
ONLY - TH PTN SEC 1 DAF - COM AT SW COR SD SEC TH ALG W LN THOF
N00*41 16E 1337.37FT TH N77*16 06E 20.56FT TO E LN ALCAZAR AVE AS
CNVYED TO CITY OF ARL FOR RD BY QCD REC AFN 2297884 & 2297885 TH
ALG E LN N00*41 16E 285.91FT TH S89*46 38E 89.23FT TH S00*55 45W
59.08FT TH S89*19 26E 65.93FT TH N74*42 34E 49.62FT TH N02*15
40W257.04FT TH N72*46 09E 246.50FT TH N55*56 26E 84.15FT TO POB
TH N00*41 16E 813.62FT TH S89*08 57W 280.37FT M/L TO L BNK S FK
STILLI RIV AS DELINEATED BY CITY OF ARL 11/2007 TH ALG SD L BK THE
FOLG 30 CRSES: N15*47 04E 54.92FT TH N08*27 41E 59.75FT TH N21*16
39E 80.19FT TH N14*31 50W 40.40FT TH N40*17 52W 49.35FT TH N18*15
40E 69.28FT TH N17*34 28E 108.90FT TH N00*37 57E 102.36FT TH
N11*25 06E99.12FT TH N16*09 07E 120FT TH N12*12 26E 99.71FT TH
N02*35 06E 79.87FT TH N12*30 06E 75.71FT TH N23*03 53E 91.54FT TH
N26*17 27E 56.29FT TH N29*58 09E 107.23FT TH N35*43 42E 89.80FT TH
N37*49 36E147.60FT TH N42*47 45E 115.12FT TH N44*49 40E 67.77FT
TH N50*41 55E 70.54FT TH N47*49 32E 70.41FT TH N66*04 48E 79.54FT
TH N67*47 02E 59.79FT TH S73*05 37E 57.86FT TH S62*13 45E 48.76FT
TH N69*46 20E165.72FT TH N68*27 01E 134.76FT TH N67*45 00E
200.30FT TH N73*00 50E 84.78FT TH S82*08 47E 131.02FT TH S75*15
00E 104.64FT TH S54*51 16E 110.74FT TH S53*45 14E 62.81FT TH
S55*31 40E 79.28FT TH S24*2113E 149.14FT TH S25*29 12W 76.83FT TH
S27*10 54E 107.25FT TO N LN GOVT LT 7 SD SEC 1 TH CONT S27*10 54E
66.08FT TH S37*37 19W 67.45FT TH S30*04 01W 281.57FT TH S18*10
37W 161.44FT TH S13*15 46E165.37FT TH S30*32 07E 136.76FT TH
S35*10 28E 194FT TH S43*23 32E 203.40FT TH S40*10 41E 175.96FT TH
S24*03 33E 78.58FT TH S45*42 00E 54.20FT TO E-W CTR SEC LN TH
CONT S45*42 00E 13.87FT TH S68*00 59E 90.51FT TH N59*20 37E
36.79FT TH S87*57 44E 23.67FT TH N74*38 45E 28.17FT TH S78*01 30E
39.14FT TH S58*55 45E 108.38FT TH S53*41 31E 105.81FT TH S54*21
08E 119.57FT TH S40*51 14E 124.43FT TH S44*0129E 65.97FT TH S54*36
23E 88.94FT TH S33*57 50E 85.92FT TH S17*18 30E 84.38FT TH S17*42
58E 111.96FT TH S16*0 06E 83.62FT TH S14*43 07E 73.81FT TH S09*44
42E 65.80FT TH S03*22 38W 82.74FT TH S05*1100E 55.06FT TH S08*32
03W 231.71FT TH S01*33 04E 84.36FT TO S LN OF NW1/4 SE1/4 SD SEC 1
TH ALG SD S LN S88*26 56W 396.89FT TH N18*28 56W 1329.66FT TH
N45*42 00W 117.52FT TO E-W CTR SEC LN TH ALG SDE-W LN S89*08 57W
218.59FT TH S14*39 25E 1395.29FT TO S LN OF NE1/4 SW1/4 SD SEC 1
TH ALG SD S LN S88*34 30W 1084.81FT TO W MGN OF SILL SLOUGH TH
NLY ALG SD WLY SLOUGH MGN THE FOLG 5 CRSES N06*1449E 115.94FT
TH N25*11 50E 44.47FT TH N14*30 12E 39.73FT TH N04*28 33W 76.50FT
TH N07*03 47E 82.91FT TO ELY PROJ OF NLY LN OF TR CNVYD TO DALE G
Addendum to the application for country charm annexation to the City of Arlington, WA
3 of 3
HUBER & ELIZABETH HUBER BY DEED REC AFN 924647 THN26*10 28E
342.70FT TH N22*56 28E 255.48FT TH N20*39 39E 344.93FT TH N34*05
31E 259.31FT TH N69*23 35W 172.65FT TH S45*21 38W 440.46FT TH
S43*54 46W 254.19FT TH S49*18 53W 195.13FT TH S56*00 54W200.68FT
TH S73*11 34W 310.20FT TH S80*55 18W 103.60FT TH S55*56 26W
209.75FT TO TPB TGW TH PTN SEC 1 DAF - COM AT N 1/4 COR SD SEC 1
AT A 1" IRON PIPE WITH PLASTIC CAP & TACK TH S00*18 31E2662.56FT
ALG N-S SEC C/L TO CTR OF SD SEC 1 TH ALG E- W SEC C/L S89*08 57W
159.40FT TO POB TH S45*42 00E 117.52FT TH S18*28 56E 1329.66FT TO
S LN NW1/4 SE1/4 SD SEC 1 TH ALG S LN S88*26 56W 339.07FTTO SE
COR NE1/4 SW1/4 SD SEC TH S88*34 30W 32.19FT TH N14*39 25W
1395.29FT TO E-W SEC C/L TH ALG SD LN N89*08 57E 218.59FT TO POB
PER SWD REC AFN 201004010392 & 201107150007
31050100302200 Section 1 Township 31 Range 5 Quarter NW SEG'D FOR TAX PURPOSES
ONLY - ALL THAT PTN GOVT LOTS 6, 9, & 10 & NW1/4 SW1/4 SW1/4 LY N
FDL - COM SW COR SEC 1 TH N02*51 10E ALG W LN SEC 1337.37FT
THN79*26 00E 30.84FT TO E LN CO RD TPB TH CONT N79*26 00E 313.9FT
TH N58*32 00E 227.8FT TH N22*20 00W 63.4FT TH N59*53 30E 392.2FT
TH S86*10 30E 332 FT TH N70*37 17E 208.69FT TH S01*08 09W 72.94FT
THS79*51 00E TO W LN SILL SLOUGH TH SW ALG SD W LN SLOUGH TO S
LN GOVT LOT 9 TERM SD LN ALSO LESS COM SW COR SEC 1 TH N02*51
10E ALG W LN SEC 1635FT TPB TH CONT N02*51 10E 73FT TH S89*16 11E
150.01FT TH S02*51 10W 73FT TH N89*16 11W 150.01FT TPB LESS RDS &
LESS QCD TO CITY OF ARLINGTON FOR RDS 696/132 EXC TH PTN SEC 1
DAF - TH PTN SEC 1 DAF - COM AT SW COR SD SEC TH ALG W LN THOF
N00*41 16E1337.37FT TH N77*16 06E 20.56FT TO E LN ALCAZAR AVE AS
CNVYED TO CITY OF ARL FOR RD BY QCD REC AFN 2297884 & 2297885 TH
ALG E LN N00*41 16E 285.91FT TH S89*46 38E 89.23FT TH S00*55 45W
59.08FT THS89*19 26E 65.93FT TH N74*42 34E 49.62FT TH N02*15 40W
257.04FT TH N72*46 09E 246.50FT TH N55*56 26E 84.15FT TO POB TH
N00*41 16E 813.62FT TH S89*08 57W 280.37FT M/L TO L BNK S FK STILLI
RIV ASDELINEATED BY CITY OF ARL 11/2007 TH ALG SD L BK THE FOLG 30
CRSES: N15*47 04E 54.92FT TH N08*27 41E 59.75FT TH N21*16 39E
80.19FT TH N14*31 50W 40.40FT TH N40*17 52W 49.35FT TH N18*15 40E
69.28FT THN17*34 28E 108.90FT TH N00*37 57E 102.36FT TH N11*25 06E
99.12FT TH N16*09 07E 120FT TH N12*12 26E 99.71FT TH N02*35 06E
79.87FT TH N12*30 06E 75.71FT TH N23*03 53E 91.54FT TH N26*17 27E
56.29FT THN29*58 09E 107.23FT TH N35*43 42E 89.80FT TH N37*49 36E
147.60FT TH N42*47 45E 115.12FT TH N44*49 40E 67.77FT TH N50*41
55E 70.54FT TH N47*49 32E 70.41FT TH N66*04 48E 79.54FT TH N67*47
02E 59.79FTTH S73*05 37E 57.86FT TH S62*13 45E 48.76FT TH N69*46
20E 165.72FT TH N68*27 01E 134.76FT TH N67*45 00E 200.30FT TH
N73*00 50E 84.78FT TH S82*08 47E 131.02FT TH S75*15 00E 104.64FT TH
S54*51 16E110.74FT TH S53*45 14E 62.81FT TH S55*31 40E 79.28FT TH
S24*21 13E 149.14FT TH S25*29 12W 76.83FT TH S27*10 54E 107.25FT
TO N LN GOVT LT 7 SD SEC 1 TH CONT S27*10 54E 66.08FT TH S37*37
19W 67.45FTTH S30*04 01W 281.57FT TH S18*10 37W 161.44FT TH
S13*15 46E 165.37FT TH S30*32 07E 136.76FT TH S35*10 28E 194FT TH
S43*23 32E 203.40FT TH S40*10 41E 175.96FT TH S24*03 33E 78.58FT TH
S45*42 00E54.20FT TO E-W CTR SEC LN TH CONT S45*42 00E 13.87FT TH
S68*00 59E 90.51FT TH N59*20 37E 36.79FT TH S87*57 44E 23.67FT TH
N74*38 45E 28.17FT TH S78*01 30E 39.14FT TH S58*55 45E 108.38FT TH
S53*4131E 105.81FT TH S54*21 08E 119.57FT TH S40*51 14E 124.43FT
TH S44*01 29E 65.97FT TH S54*36 23E 88.94FT TH S33*57 50E 85.92FT
TH S17*18 30E 84.38FT TH S17*42 58E 111.96FT TH S16*0 06E 83.62FT
THS14*43 07E 73.81FT TH S09*44 42E 65.80FT TH S03*22 38W 82.74FT
TH S05*11 00E 55.06FT TH S08*32 03W 231.71FT TH S01*33 04E 84.36FT
TO S LN OF NW1/4 SE1/4 SD SEC 1 TH ALG SD S LN S88*26 56W 396.89FT
TH N18*28 56W 1329.66FT TH N45*42 00W 117.52FT TO E-W CTR SEC LN
TH ALG SD E-W LN S89*08 57W 218.59FT TH S14*39 25E 1395.29FT TO S
Addendum to the application for country charm annexation to the City of Arlington, WA
4 of 3
LN OF NE1/4 SW1/4 SD SEC 1 TH ALG SD S LN S88*34 30W 1084.81FT TO
WMGN OF SILL SLOUGH TH NLY ALG SD WLY SLOUGH MGN THE FOLG 5
CRSES N06*14 49E 115.94FT TH N25*11 50E 44.47FT TH N14*30 12E
39.73FT TH N04*28 33W 76.50FT TH N07*03 47E 82.91FT TO ELY PROJ OF
NLY LN OF TR CNVYD TO DALE G HUBER & ELIZABETH HUBER BY DEED REC
AFN 924647 TH N26*10 28E 342.70FT TH N22*56 28E 255.48FT TH N20*39
39E 344.93FT TH N34*05 31E 259.31FT TH N69*23 35W 172.65FT TH
S45*21 38W440.46FT TH S43*54 46W 254.19FT TH S49*18 53W 195.13FT
TH S56*00 54W 200.68FT TH S73*11 34W 310.20FT TH S80*55 18W
103.60FT TH S55*56 26W 209.75FT TO TPB TGW TH PTN SEC 1 DAF - COM
AT N 1/4 COR SDSEC 1 AT A 1" IRON PIPE WITH PLASTIC CAP & TACK TH
S00*18 31E 2662.56FT ALG N-S SEC C/L TO CTR OF SD SEC 1 TH ALG E-W
SEC C/L S89*08 57W 159.40FT TO POB TH S45*42 00E 117.52FT TH
S18*28 56E 1329.66FT TO S LN NW1/4 SE1/4 SD SEC 1 TH ALG S LN
S88*26 56W 339.07FT TO SE COR NE1/4 SW1/4 SD SEC TH S88*34 30W
32.19FT TH N14*39 25W 1395.29FT TO E-W SEC C/L TH ALG SD LN N89*08
57E 218.59FT TO POB PER SWD REC AFN 201004010392 & 201107150007
LESS TH PTN SEC 1 DAF - COM SW COR SD SEC TH ALG W LN N00*41 16E
1337.37FT TH N77*16 06E 20.56FT TO E LN ALCAZAR AVE AS CNVYD TO
CITY OF ARL FOR RD BY QCD REC AFN2297884 & 2297885 TH ALG E LN
N00*41 16E 285.91FT TO TPB TH CONT N00*41 16E 7.90FT TH N88*33 55E
109.35FT TH S00*55 45W 11.06FT TH N89*46 38W 109.24FT TO POB PER
QCD REC AFN 200912310267 TGW TH PTNSEC 1 DAF - COM SW COR SD
SEC TH ALG W LN N00*41 16E 1337.37FT TH N77*16 06E 20.56FT TO E LN
ALCAZAR AVE AS CNVYD TO CITY OF ARL FOR RD BY QCD REC AFN
2297884 & 2297885 TH ALG E LN N00*41 16E354.88FT TO TPB TH CONT
N00*41 16E 11.93FT TH N88*33 55E 130FT TH S00*41 16W 73FT TH
S88*33 55W 20.64FT TH N00*55 45E 60.59FT TH S88*49 08W 109.59FT
TO TPB PER QCD REC AFN 200912310266 OSA-1980
31050100300200 Section 01 Township 31 Range 05 Quarter SW - SEG'D FOR TAX PURPOSES
ONLY - TH PTN GOVT LOT 10 COM SW COR SEC TH N02*51 10E ALG W LN
1635.21FT TPB TH CONT N02*51 10E 73FT TH S89* 16 11E 150.01FT TH
S02*51 10W 73FT TH N89*16 11W 150.01FT TPB LESS W 20FT FOR RD TO
CITY OF ARLINGTON PER QCD 696/134 TGW TH PTN SEC 1 DAF - COM SW COR
SD SEC TH ALG W LN N00*41 16E 1337.37FT TH N77*16 06E 20.56FT TO E LN
ALCAZAR AVE AS CNVYD TO CITY OF ARL FOR RD BY QCD REC AFN 2297884 &
2297885 TH ALG E LN N00*41 16E 285.91FT TO TPB TH CONT N00*41 16E
7.90FT TH N88*33 55E 109.35FT TH S00*55 45W 11.06FT TH N89*4638W
109.24FT TO POB PER QCD REC AFN 200912310267 LESS TH PTN SEC 1 DAF -
COM SW COR SD SEC TH ALG W LN N00*41 16E 1337.37FT TH N77*16 06E
20.56FT TO E LN ALCAZAR AVE AS CNVYD TO CITY OF ARL FOR RD BYQCD REC
AFN 2297884 & 2297885 TH ALG E LN N00*41 16E 354.88FT TO TPB TH CONT
N00*41 16E 11.93FT TH N88*33 55E 130FT TH S00*41 16W 73FT TH S88*33
55W 20.64FT TH N00*55 45E 60.59FT TH S88*49 08W109.59FT TO POB PER
QCD REC AFN 200912310266
31050100300600 SEC 01 TWP 31 RGE 05RT-23) GOVT LOT 11 COUNTY SOLD - WAS PART OF
TWIN RIVERS PARK (PARCEL D) NOV 1969 B OF E 352/295 OFF REC #2114094
$65000.00 GRAVEL SOURCE
00461803401000 HALLER CITY BLK 034 D-00 - VACATED LOTS10-11 LESS PTN WASHED AWAY
TGW VACATED NLY 1/2 BURKE AVE LY ADJ THRTO PER RESOLUTION NO 79-299
00461803400801 Section 2 Township 31 Range 5 Quarter SE - HALLER CITY BLK 034 D-01 -
VACATED LOTS 8-9 LESS PTN WASHED AWAY TGW VACATED NLY 1/2 BURKE
AVE ADJ THRTO PER RESOLUTION NO 79-299 PER SWD REC
AFN200503180558
00461803400700 HALLER CITY BLK 034 D-00 - VACATED LOT 7 LESS PTN WASHED AWAY TGW
VACATED NLY 1/2 BURKE AVE ADJ THRTO PER RESOLUTION NO 79-299 PER
SWD REC AFN 200503180558
Addendum to the application for country charm annexation to the City of Arlington, WA
5 of 3
00461803400400 HALLER CITY BLK 034 D-00 - VACATED LOTS4-5-6 LESS PTN WASHED AWAY
TGW VACATED NLY 1/2 BURKE AVE ADJ THRTO PER RESOLUTION NO 79-299
OCT 1-79
00461803400100 HALLER CITY BLK 034 D-00 - VACATED TRS 1-3 LESS PTN WASHED AWAY
TGW VAC NLY 1/2 BURKE AVE ADJ THRTO PER RES NO 79-299 (10-1-79) &
LESS ADD'L R/W TO ST OF WA PER WD AF NO 9511060262 - (EX ST OF
WA03445-042)
Applicant’s legal description is attached from recent survey performed by Metron and Associates.
Approximate acreage AND square footage of property
Parcel Number Acreage Square Footage
31050100201900 128.53 5,603,123
31050100302200 21.22 924,343
31050100300200 .18 7,841
31050100300600 4.10 178,596
00461803401000 .42 18,295
00461803400801 .34 14,810
00461803400700 .15 6,534
00461803400400 .37 16,117
00461803400100 .30 13,068
Addendum to the application for country charm annexation to the City of Arlington, WA
6 of 3
Existing zoning of property
Parcel Number Zoning
31050100201900 P/SP
31050100302200 RHD
31050100300200 RHD
31050100300600 P/SP
00461803401000 OTBD-3
00461803400801 OTBD-3
00461803400700 OTBD-3
00461803400400 OTBD-3
00461803400100 OTBD-3
Existing comprehensive plan designation of property
31050100201900 UHORT
31050100302200 ULDR
31050100300200 ULDR
31050100300600 UHORT
00461803401000 ULDR
00461803400801 ULDR
00461803400700 ULDR
00461803400400 ULDR
00461803400100 ULDR
D
C
A
B
B
C
C
D
D
MPNTDR
GleneagleContract Rezone
Pioneer Meado wsContract Rezone
MPN
Boundary Follows Top of Bank
from center line
5
3
2
4
1
2
4
3 3
1
2
4
4
2
3
3
3
1
2
1
2
5
3
SR
SR
GI
AF RLMD
HC
LI
RMD
BP
LI
HC
LI
GC
OTRD
RLMD
GI
RHD
RMD
RLMD
RMD
RMD
P/SP
RLMD
P/SP
RHD
GC
RMD
RMD
GI
P/SP
GC
RHD
P/SP
MS
P/SP
LI
GC
P/SP
OTBD - 3
RHD
NC
RHD
OTBD - 2
GC
BP NC
NC
RMD
P/SP
GC
P/SP
P/SP
NC
NC
OTBD - 1
RLMD
P/SP
RHD
GC
RHD
P/SP
LI
HC
P/SP
RMD
P/SP
P/SP
P/SP
P/SP
P/SP
P/SP
P/SP
MS
RLMD
RLMD
P/SP
RLMD
RLMD
RLMD
RHD
RHD
RLMD
P/SP
RHD
RLMD
RLMD
NC
HC
HC
BPBP
RMD
RHDGC
P/SP
OTBD - 3
P/SP
P/SP
OTBD - 2
OTBD - 2
HC
RLMD
GC
GC
GC
SR
SR
1200
'
850 '
800 '
SR 530
SR 530
CEMETERY RD
SR 531
188TH ST NE
212TH ST NW
47TH AVE NE
204TH ST NE
67TH AVE NE
SILL
RD
LAKEWOOD RD HWY 531
3RD AVE NE
59TH AVE NE
SR
9
PIONEER HWY E
FORTY FIVE RD
MCELROY RD
SMOKEY POINT BLVD
51ST AVE NE
TVEIT RD
BURN RD
A B C D
Maps and GIS data are distributed “AS -IS” without w arranties of any kind, either express or im pli ed, including but notlimited to warranties of suitabi lity for a particular purpose or use. Map data are compiled from a variety of sourceswhich 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 thelack of accuracy or correctness of the data, or the use of the data presented in the maps.
File:Date:
Scale:
Lan dU se_1 1x17_12.m xd 06/27/2012
1 inch = 3,500 feet
Kristin BanfieldCity ClerkBarbara TolbertMayor
APD Safety Zo nes
APD Subdistricts
ROWPrivate RoadsRail line
City L im its
Urba n Growth A rea
THIS IS A COPY OF THE OFFICIAL LAND USE MAP OF THE CITY OFARLINGTON, WHICH WAS ADOPTED AS PART OF THE COMPREH ENSIVEPLAN BY THE CITY COUNCIL ON 5 DECEMBER 2005 PURSUANT TOORDINANCE NO. 1375.
Cit y o f Ar l in g t o nLand U s e M a p
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
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
Future Planning A rea
Coordinated Water S erv ice A rea
Contract R ez one
TDR Overlay Zone
MPN = Master Planned Neighborhood Overlay Zone
N
ALCAZAR AVE
E 3RD ST
E DIVISION ST
E 4TH ST
N
CLARA
ST
PARK HILL DR
BROADWAY
AVE
SR 530
E 5TH ST
N MACLEOD AVE
N OLYMPIC AVE
E BURKE AVE
N DUNHAM AVE
E DIVISION ST
E GILM AN AVE
E 5TH ST
ARLINGTON HEIGHTS RD
City Zoning
1 inch = 800 feet
Sca le:
Date:
File:
Cartographer:City Li mitsUGAProposed Country CharmCounty Parcels
Maps a nd GIS d a ta are d istri buted “A S-IS” with out warra n ties o f a n y kind, eitherexpress o r implied, in cludin g b ut not lim ited to warra ntie s of su itab ility fo r a p a rticu larpurpose o r use. M ap da ta a re com pile d from a variety of so u rces wh ich m a y containerrors a n d u sers who re ly u p on the informa tion do so at their ow n risk. Use rs a g re eto inde m n ify, defe n d , a n d h o ld harmle ss the City of A rlington for a n y and all lia b ilityof a n y nature a risin g o u t of or resu ltin g from the lack o f accu racy or co rrectness o fthe da ta , or the use of the d ata prese nted in the ma p s.
CityZoning_CountryCharm.mxd
07/12/2012 lb
Proposed C ountry C harm Annexation
Legend
*Not all private roads shown.
RLMD
RMD = Moderate Density Residential
RHD = High Density Residential
OTRD = Old Town Residential
OTBD - 1 = Old Town Bussiness District 1
OTBD - 2 = Old Town Bussiness District 2
OTBD - 3 = Old Town Bussiness District 3
P/SP = Public/SemiPublic
Pro posed Coun try Cha rmAnnexation
N
ALCAZAR AVE
N
FRENCH AVE
E DIVISION ST
E 4TH ST
N
CLARA
ST
PARK HILL DR
BROADWAY
AVE
SR 530
E 5TH ST
E 2ND ST
E BURKE AVE
E DIVISION ST
E GILMAN AVE
N MACLEOD AVE
N OLYMPIC AVE
N DUNHAM AVE
E 5TH ST
ARLINGTON HEIGHTS RDRR/5BAS IC
RCF
RCF
UHORT
CITY
RIVER
ULDR
ULDR
ULDR
Snohomis h CountyFuture Land Use
1 inch = 800 feet
Scale:
Date:
File:
Cartographer:
City LimitsUGA
Public ROWPrivate Roads*StreamsProposed Co untry Charm
County P arcels
Ma p s and GIS da ta a re d istributed “A S-IS” with out warra n ties of any kin d , e ithe rexpress o r imp lie d , in cludin g bu t not limite d to warran ties of su itability for aparticular pu rpose o r use . M a p d a ta a re co m p iled from a varie ty of source swhich m a y co ntain e rrors an d u sers who rely upon th e inform ation do so a t theirown risk. Users ag ree to in d em nify, defe n d, and hold harmle ss the City o fArlington for a n y and all liability of any n a ture a rising out of or resulting from thelack of accu racy o r corre ctness o f the data , or the use of the d a ta prese n ted in
SnoCoLU_CountryCharm.mxd
7/17/2012 lb
Prop osed Country Charm An nexation
Legend
*Not all private r oads shown.
Propo sed Co untry CharmAnnexation
Riverw ay comme rcial fa rmland
Rural res - (1DU/5 acres basic)
Urban horticu ltura l
Urban lo w den sity res.
River
N
ALCAZAR AVE
E 3RD STN
FRENCH AVE
E DIVISION ST
E 4TH ST
N
CLARA
ST
PARK HILL DR
BROADWAY
AVE
SR 530
E 5TH ST
E 2ND ST
E BURKE AVE
E DIVISION ST
E GILM AN AVE
N MACLEOD AVE
N OLYMPIC AVE
N DUNHAM AVE
E 5TH ST
ARLINGTON HEIGHTS RD
R-9,600
R-5
MC
A-10
Snoh omish Co unty Zoning
1 inc h = 8 00 fee t
Scale:
Date:
File:
Cartographer:
Public ROW
Private Roads*
Streams
City Limits
UGA
Proposed Country Charm
County Parcels
Ma p s and GIS da ta a re d istributed “A S-IS” with out warra n ties of any kin d , e ithe rexpress o r imp lie d , in cludin g bu t not limite d to warran ties of su itability for aparticular pu rpose o r use . M a p d a ta a re co m p iled from a varie ty of source swhich m a y co ntain e rrors an d u sers who rely upon th e inform ation do so a t theirown risk. Users ag ree to in d em nify, defe n d, and hold harmle ss the City o fArlington for a n y and all liability of any n a ture a rising out of or resulting from thelack of accu racy o r corre ctness o f the data , or the use of the d a ta prese n ted in
SnoCoZon_CountryCharm.mxd
7/13/2012 lb
Proposed Country Cha rm Annexation
Legend
*Not all priva te road s sh own .
Pro posed Coun try Cha rmAnnexation
Agriculture-10 Acre
Mineral Conservation
Rural-5 Acre
City of Arlington
Council Agenda Bill
Item:
NB #7
Attachment
I
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
Amending Resolution #692 – Authorizing the closing of the Utilities Change Fund
ATTACHMENTS:
Resolution No. 2012-XXX
DEPARTMENT OF ORIGIN
Finance Department – Jim Chase, Finance Director
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Resolution #692 established the Opening Change Fund for Utilities Administration and Airport
Departments. The City Utilities Department no longer uses the Change Fund and has
requested the Change Fund be closed and monies deposited into the City’s General Checking
Account.
HISTORY:
ALTERNATIVES
Do not authorize the Closing of the Utilities Administration Change Fund
RECOMMENDED MOTION:
I move to approve Resolution No. 2012-XXX.
RESOLUTION NO. 2012-XXX 1
RESOLUTION NO. 2012-XXX
A RESOLUTION AMENDING
CITY OF ARLINGTON RESOLUTION #692
WHEREAS, on August 15, 2004, the City Council passed Resolution #692, entitled “A
Resolution Establishing the Opening Change Fund Amounts For the Airport and Utilities
Administration Departments ”; and
WHEREAS, the City Utilities Department no longer uses a Change Fund as
contemplated by Resolution #692;
NOW, THEREFORE, the City Council of the City of Arlington Washington do hereby
resolve as follows:
1. The City Utilities Department is hereby authorized to close the Utilities Change
Fund authorized by City of Arlington Resolution #692, passed on August 15,
2004, and all funds therein shall be transferred to the city’s General Checking
Account.
APPROVED by the Mayor and City Council of the City of Arlington this ______ day of
____________, 2012.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
__________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #8
Attachment
J
COUNCIL MEETING DATE:
September 4, 2012
SUBJECT:
Requesting approval to apply for Arlington Hotel Motel Tax grant
ATTACHMENTS:
DEPARTMENT OF ORIGIN: Executive, Recreation
Executive / Recreation
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
City is requesting approval to apply for funding for the following projects:
• Summer outdoor entertainment events (music in the park, outdoor movies, play
$ 8,500)
• Eagle Festival Feb. 2014 ($5,000)
• 2 gateway signs ($17,000) for SR530 at Twin Rivers Park and SR9 near
Stillaguamish River
• Wayfinding signs at major intersections (5 signs $7,000)
• Improvements to Centennial Trail & Haller Park – switchback trail to access
Centennial Trail from Haller Park ($15,000)
HISTORY:
City of Arlington is accepting applications from public and non-profit agencies for
projects that assist tourism development and promotion in the City. The program is
funded through the taxes collected on hotel and motel room rents in the City of
Arlington. The City will have approximately $75,000 funds to award to eligible
applicants on a competitive basis with the demonstrated ability to complete their
projects by December 31, 2013. Grants are due September 14. To be eligible to apply for
the Snohomish County LTAC grants, the applicant must first apply at to their city’s
grant program.
ALTERNATIVES
Do not authorize to apply for grant, or authorize certain projects.
RECOMMENDED MOTION:
I move to authorize city staff to apply for Hotel-Motel Grant funding for summer
outdoor events, the 2014 Eagle Festival, 2 Gateway signs, 5 Wayfinding signs, and a
switchback trail to connect Haller Park and the Centennial Trail.