HomeMy WebLinkAbout02-21-23 Council Meeting
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 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jan Schuette
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Jan Schuette
1. Minutes of the February 6 and February 13 Council meeting ATTACHMENT A
2. Accounts Payable
PUBLIC HEARING
NEW BUSINESS
1. Agreement for Retention of Facilitator ATTACHMENT B
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jan Schuette
2. Contract Change Order No. 2 to Water Reclamation Facility ATTACHMENT C
Equalization Basin Project Contract
Staff Presentation: Jim Kelly
Council Liaison: Yvonne Gallardo-Van Ornam
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
Arlington City Council Meeting
Tuesday, February 21, 2023 at 6:00 pm
City Council Chambers – 110 E 3rd Street
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 711 (TDD only) prior to the meeting date if special accommodations are required.
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert
DRAFT
Page 1 of 3
Council Chambers 110 East 3rd Street Tuesday, February 6, 2023
Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam.
Council Members Absent: Marilyn Oertle, excused.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Marty Wray, Kristin Garcia, James Trefry, Sarah Lopez, Jonathan Ventura, Tony Orr, City Attorney Steve Peiffle, and Julie Petersen.
Also Known to be Present: Pastor Chad Blood, Sheldon Ferguson, Jan Bauer, Carol Larson, Kory Dyer, Jay Bergstrom, Jared Judnich, Glen Andrews, Dennis Irwin, Vicki Leatherman, and baseball players and their parents. Mayor Barb Tolbert called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor Tolbert awarded the Mayor’s Volunteer Award to Pastor Chad Blood, who accepted the award on behalf of Lifeway Church.
PROCLAMATIONS None.
PUBLIC COMMENT Sheldon Ferguson, 17828 83 Dr. NE, provided copies of his authored book “A View from the Street”. He shared his concern for the residential development happening in Eagle Heights and offered suggestions for extra security measures in the area. Carol Larson, 605 Kona Dr., representing the Kona Crest Homeowners Association shared her concern with parking in the cul-de-sac and unmarked curbs for “no parking”. Dennis Irwin, 233 Joann Lane, shared his concern for the cul-de-sac parking and curb markings for the Kona Crest Homeowners Association. Kory Dyer, 9720 12 Pl. SE, Laces Baseball Academy Manager shared his concern about the lack of facility space to house the academy. He requested the City assist in helping find a location to host the Laces Baseball Academy. Jay Bergstrom, 18501 E. Country Club Dr., deferred his comment to Glen Andrews.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting February 6, 2023
Page 2 of 3
Glen Andrews, 405 N. Olympic Ave., shared his concern of the homeless excreting and starting fires in the entrance to the Masonic building. He also shared his concern about the graffiti on the Masonic building. Jared Judnich, 8031 178 Pl. NE, requested a follow up date to meet with Mayor Tolbert to discuss facility space for the baseball community. Vicki Leatherman, 27318 71st Ave NE, shared her concern for a lack of facility space for the baseball community.
CONSENT AGENDA Mayor Pro Tem Jan Schuette moved and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the January 17 and January 23, 2023 Council meetings and January 23, 2023 City Council and Planning Commission Joint meeting. 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #107388 through #107489 dated January 18, 2023 through February 6, 2023 for a total of $675,150.08.
PUBLIC HEARING
Amendment to the Fee Resolution City Attorney Steve Peiffle requested Council approve the amendment to the Fee Resolution. Council previously approved an amendment to the fee resolution for the redaction of body-worn cameras, but a public hearing is required to amend that fee, so the public hearing is being held regarding these proposed changes. The public hearing was opened at 6:34 p.m. With no members of the public wishing to speak, the public hearing portion of the meeting was closed at 6:34 p.m., and Council questions were opened at 6:35 p.m. Councilmember Heather Logan provided comment and with Council agreed to remove the word “average” in the body worn fee schedule. The public hearing was closed at 6:41 p.m. Councilmember Don Vanney moved and Councilmember Heather Logan seconded the motion to approve the amendment to the city’s fee resolution relating to the customized service charge for redacting body-worn camera footage as presented, and authorized the Mayor to sign the resolution. The motion passed unanimously.
NEW BUSINESS
Establishing Fees for Airport Long-Term Parking Airport Manager Marty Wray requested Council approve a new fee and rate structure to allow the airport to start charging customers for long-term vehicle parking at the airport on landside designated parking area(s). Staff proposes a $30 monthly charge for parking ($1 a day). This money will be applied into the Airport budget. Councilmember Michele Blythe moved and Councilmember Jan Schuette seconded the motion to approve the ordinance amending Arlington Municipal Code 14.20.120(h), and the amendment to the City’s fee resolution relating to the long-term parking at the Airport, as presented. The motion passed unanimously.
Minutes of the City of Arlington City Council Meeting February 6, 2023
Page 3 of 3
Adoption of the 2020 Snohomish County Multi-Jurisdictional Hazard Mitigation Plan Administrative Services Director James Trefry requested Council approve a resolution adopting the current Snohomish County Multi-Jurisdictional Hazard Mitigation Plan. City staff worked with Snohomish County DEM staff and consultants in coalition to update the county plan and City of Arlington Annex, resulting in the newest updated and revised version. Councilmember Yvonne Gallardo-Van Ornam moved and Councilmember Debora Nelson seconded the motion to approve the proposed resolution adopting the updated and revised Snohomish County Multi-Jurisdictional Hazard Mitigation Plan, and authorized the Mayor to sign it. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS None.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT Mayor Tolbert stated that she testified on the Public Safety Bills for the Blake decision. She shared that the two Senate Bills 5536 and 5467 received positive comments.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:48 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers 110 East 3rd Street Monday, February 13, 2023
Councilmembers Present: Don Vanney, Heather Logan, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam.
Council Members Absent: Debora Nelson, excused.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Jonathan Ventura, Jim Kelly, Tony Orr, City Attorney Steve Peiffle, and Wendy Van Der Meersche.
Also Known to be Present: Dave Kraski and Kathy Vanney.
Mayor Barb Tolbert called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda, as modified, to remove Item No. 1 from the agenda. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Contract Change Order No. 2 to Water Reclamation Facility Equalization Basin
Project Contract Public Works Director Jim Kelly stated that Construction Change Directives (CCD’s) have been issued on the Water Reclamation Facility Equalization Basin project as issues come up during construction. This Change Order will close out all open CCDs and add the combined value of the open CCDs to the contract. Public Works publicly bid the Water Reclamation Facility (WRF) Equalization Basin Project in 2021, and the contract was awarded to McClure and Sons. Due to nationwide supply chain issues, much of the project was delayed until 2022. In addition to supply issues, there have been on-site changes made via construction change directive (see attached Change Order 2 for detail). This Contract Change Order No. 2 amends the contract to include the authorized extra work. Budgeted funds from 2022 have been carried forward to 2023, and are available to pay for Change Order No. 2. Discussion followed with Mr. Kelly answering Council questions.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop February 13, 2023
Page 2 of 2
Financial Report for December 2022 Finance Director Kristin Garcia reviewed the December 2022 financial report.
Police Quarterly Report Police Chief Jonathan Ventura reviewed the quarterly police report.
North County Regional Fire Authority Quarterly Report North County Regional Fire Authority Deputy Chief of Operations Dave Kraski reviewed the quarterly fire report.
ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis introduced City Attorney Steve Peiffle who explained that Item No. 1 was removed from the agenda, to be brought forward at a later date, at the recommendation of the City’s prosecutor, when there is a court ruling.
MAYOR’S REPORT None.
COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan encouraged everyone to vote tomorrow at the special election featuring the Transportation Benefit District renewal.
COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed that the only item moving forward would be on new business.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:47 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill NB #1 Attachment COUNCIL MEETING DATE: February 21, 2023
Agreement for Retention of Facilitator
Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW:
Authority (NCRFA) regarding issues with the existing interlocal agreement (ILA) with NCRFA for fire marshal/investigative services (“the ILA”). The City and NCRFA have had challenges in working together on issues regarding the ILA. It is hoped that Karen Reed, who helped organize discussions around the City’s annexation to the NCRFA, will help the parties by facilitating discussions. Should that effort fail, the parties are committing to following the mediation provisions of the existing ILA.
RFA which became effective in August, 2021. In the interlocal, NCRFA is tasked with plan review and inspection services, fire prevention code enforcement services (business inspections), and fire investigation and fire marshal services. The parties have numerous discussions concerning the interpretation of the interlocal agreement, primarily as it relates to understanding the level of service, the frequency of business inspections, and plan review services. The NCRFA commission voted on January 11, 2023 to terminate the ILA, subject to the City Council approval. They subsequently rescinded this decision. Legal counsel for the City and the District have recommended the parties utilize a facilitator prior to commencing any formal mediation process.
AGREEMENT FOR RETENTION OF FACILITATOR - 1
AFTER RECORDING, PLEASE RETURN TO :
CITY OF ARLINGTON
238 N. Olympic Avenue
Arlington, WA 98223
AGREEMENT FOR RETENTION OF FACILITATOR
WHEREAS, the City of Arlington (“City”) and the North County Regional Fire Authority
(“NCRFA”) previously entered into an agreement entitled “An Interlocal Agreement Between
North County Regional Fire Authority and the City of Arlington, Washington for Fire
Marshal/Investigative Services (“the ILA”) which agreement was effective on August 1, 2021;
WHEREAS, the parties desire to resolve some disagreements and concerns regarding
the agreement; and
WHEREAS, the parties prefer to engage in a facilitated, informal process for this
purpose as opposed to the formal mediation process identified in the ILA; and
WHEREAS, the parties agree to utilize Karen Reed (“Reed”) as the facilitator, and Reed
has agreed to act in such a capacity.
NOW, THEREFORE, the parties do hereby agree as follows:
1. The parties shall jointly retain Reed to serve as a facilitator for purposes of addressing
concerns and disagreements related to the ILA.
2. The parties shall equally share the cost of Reed’s services.
3. This Agreement shall commence upon mutual execution by both parties and shall
terminate upon the earlier of the following: (i) upon fifteen (15) days written notice by either
party to the other of its desire to terminate this ILA; or (ii) the cessation of services by Reed.
Each party’s obligation to share the costs of Reed’s services shall survive such termination.
4. The parties agree that if the facilitation process does not resolve the issues between
them, then the parties will follow the mediation provisions of paragraph 18 of the ILA.
CITY OF ARLINGTON
By:_____________________________ ATTEST: ______________________________
Barbara Tolbert, Mayor Wendy Van Der Meersche. City Clerk
AGREEMENT FOR RETENTION OF FACILITATOR - 2
Approved As To Form:
By:______________________________
Steven J. Peiffle, City Attorney
NORTH COUNTY REGIONAL FIRE AUTHORITY
By:_____________________________ ATTEST: ___________________________
Rob Johnson, Board Chair Katie Casey, District Secretary
Approved as to form:
CHMELIK SITKIN & DAVIS, P.S.
Attorneys for North County
Regional Fire Authority
By:_____________________________
Richard A. Davis III
City of Arlington Council Agenda Bill NB #2 Attachment February 13, 2023 Contract Change Order No. 2 to Water Reclamation Facility Equalization Basin Project Contract
Change Order No. 2 Summary
Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $45,639.31 BUDGET CATEGORY: Sewer Capital Fund BUDGETED AMOUNT: $247,681 remaining 2022 budget - carryover LEGAL REVIEW: DESCRIPTION: Construction Change Directives (CCD’s) have been issued on the Water Reclamation Facility Equalization Basin project as issues come up during construction. This Change Order will close out all open CCD’s and add the combined value of the open CCD’s to the contract. HISTORY: Public Works publicly bid the Water Reclamation Facility (WRF) Equalization Basin Project in 2021, the contract was awarded to McClure and Sons. Due to nationwide supply chain issues, much of the project was delayed to 2022. In addition to supply issues, there have been on site changes made via construction change directive (see attached Change Order 2 for detail). This Contract Change Order No.2 amends the contract to include the authorized extra work. Budgeted funds from 2022 have been carried forward to 2023 and are available to pay for Change Order No. 2. ALTERNATIVES: Amend contract scope of work.
I move to approve Contract Change Order No. 2 to the EQ Basin Project, and authorize the Mayor to sign it.
1 of 2 P-04 (Rev. 2021)
CONTRACT CHANGE ORDER 2
Change Order Title: EQ Basin CO #2 Date: 2/7/2023
Project Name: EQ Basin & Digested Sludge Pumping Project No: P02.460
Contractor:McClure & Sons, Inc.
The Contract is Modified as Follows:
Contractor is hereby directed to, upon receipt of an approved copy of this change order,
Documents and execute the work as detailed herein.
the same terms and conditions as those included in the original Contract, unless otherwise described herein.
settlement of, all costs and time relating to the performance of the Work described herein.
Original Contract Amount: $ 1,460,978.06
Current Contract Amount: $ 1,564,599.93
Amount of this Change: $ 45,639.31
Revised Contract Amount: $ 1,610,239.24
Contract time is: Increased
New Contract Duration:
Approvals (Not valid until signed by Agency)
Approval Recommended – Project Manager
Jim Kelly, Public Works Director ___________________________________ ______________
Signature Date
Reviewed
Kris Wallace, PW Staff Accountant ___________________________________ ______________
Signature Date
Reviewed
Ryan Morrison, City Engineer ___________________________________ ______________
Signature Date
Approved by Agency
Barb Tolbert, Mayor ___________________________________ ______________
Signature Date
Contractor
John Ogorsolka, Division Manager ___________________________________ ______________
Signature Date
CONTRACT CHANGE ORDER 2 (CONT.)
2 of 2 P-04 (Rev. 2021)
COP-01 – Install four isolation valves were added to the stainless steel PERF line to aid with future servicing
and maintenance. ($7,531.00)
COP-02 – Increase V-port valve size, discrepancy between specifications and actual pipe size. ($4,394.00)
COP-03 – Permeate pump #5 derust, descale and apply corrosion inhibitor during servicing. ($4,424.00)
COP-05, Rev 1 – Resize (10” to 8”) and realign stainless steel PERF pipe between MBR’s #1, #2, #3 and #4 to
new EQ basin. ($18,000.00)
COP-06, Rev 2 – Increase size of EQ basin sump pump discharge elbow and discharge pipe. ($2,747.00)
COP-07, Rev 1 – Relocate reclaimed water flow meter transmitter outside meter vault. ($1,798.00)
COP-08 – Reroute power conduit due to conflict with SHB damper motor. ($625.00)
COP-09 – Troubleshoot/repair AC-701 starter in Fournier panel per Jason Ewing request. ($456.00)
COP-10 – Seahurst subcontract work for WAS valve. ($1,755.00)
COP-11 – Additional contractor work and electric subcontractor work to trace progressive cavity pump fault
back to existing VFD improperly sized. ($18,406.00)
COP-12 – Eliminate Kubota reprogramming the existing 11 year MBR control program, solution is to install
new program under separate contract. (credit $20,000.00)
COP-13 – Purchase & install stainless steel sandwich plates to eliminate rubber to rubber connection
between expansion joint and check valve. ($1,620.00)
Contract Change Order 2 Summary
Ref Item Description
Tax
Incl. Est. Qty. Unit Price
Amount
(w/o Tax)
Subtotal $ 41,756.00
Tax (9.3%) $ 3,883.31
Total $ 45,639.31