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HomeMy WebLinkAbout10-02-23 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 Department of Health Water Department Award Jim Kelly / Caitlin Dwyer 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 September 18 and September 25, 2023 Council meetings ATTACHMENT A 2. Accounts Payable ATTACHMENT B PUBLIC HEARING NEW BUSINESS 1. Amendment to Fee Resolution ATTACHMENT C Staff Presentation: Steve Peiffle Council Liaison: Mayor Pro Tem Jan Schuette 2. Ordinance Revising Special Events Policy ATTACHMENT D Staff Presentation: Steve Peiffle Council Liaison: Councilmember Don Vanney 3. Sole Source Resolution Purchase of Surplus Snow Removal Equipment ATTACHMENT E Staff Presentation: Marty Wray Council Liaison: Michele Blythe Arlington City Council Meeting Monday, October 2, 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. COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert DRAFT Page 1 of 2 Council Chambers 110 East 3rd Street Monday, September 18, 2023 Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Sarah Lopez, Julie Petersen, Mandy Kruger, Kristin Garcia, Mike Gilbert, City Attorney Steve Peiffle, Tony Orr, and Wendy Van Der Meersche. Also Known to be Present: Sid Logan, Lisa Rodino, Mackenzie Moff, Baile Linklater, Leisha Nobach and husband. 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 Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Summer Interns with Administration and Community and Economic Development, Mackenzie Moff and Baile Linklater, spoke about their experiences as interns with the City. PROCLAMATIONS Councilmember Yvonne Gallardo-Van Ornam read aloud the Hispanic Heritage Proclamation. PUBLIC COMMENT Joe Beardsley spoke about safety on Olympic Avenue. CONSENT AGENDA Mayor Pro Tem Jan Schuette moved, and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the July 31 and September 11, 2023 Council meetings and August 22, 2023 Audit Entrance Conference 2. Accounts Payable: Approval of EFT Payments and Claim Checks: #108640 through #108746, Petty Cash Checks #2025 and #2026 dated July 18, 2023 through August 7, 2023 for $842,012.77; #108747 through #108873, Petty Cash Check #2027 dated August 8, 2023 through August 21, 2023 for $852,906.41; #108874 through #108970 dated August 22, 2023 through September 5, 2023 for $1,105,016.06; and Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting September 18, 2023 Page 2 of 2 Approval of Payroll EFT Payments and Checks: #30296 through #30301 dated July 1, 2022 through July 31, 2023 for $1,470,937.23 and #30302 through #30307 dated August 1, 2022 through August 31, 2023 for $1,358,150.89. 3. Sole Source Resolution for Airport On-Call Services 4. Amendment No. 3 to SR-530 Roundabout Design PUBLIC HEARING None. NEW BUSINESS Appointment to Parks, Arts, and Recreation Commission Community Engagement Director Sarah Lopez stated that the Parks, Arts and Recreation Commission (PARC) has one vacancy, due to the death of Commissioner Sarah Arney. The interview committee interviewed four applicants on September 7, 2023. The committee is recommending Leisha Nobach for the position with a term expiring April 1, 2026. Councilmember Marilyn moved, and Councilmember Michele Blythe seconded the motion to consent to the appointment of Leisha Nobach to the Parks, Arts, and Recreation Commission. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS None. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis proposed October 9, from 5:00 to 5:45 p.m., as a joint meeting with City Council, Planning Commission, and Parks, Arts, and Recreation Commission (PARC) to discuss the Smokey Point Park. Council agreed. Councilmember Logan stated she will be unable to attend. Mayor Tolbert requested materials be sent out prior to the joint meeting. Council’s regular workshop at 6:00 p.m. will follow the joint meeting. MAYOR’S REPORT None. EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an Executive Session to last 30 minutes to discuss pending or potential litigation [RCW 42.30.110(1)(i)]. Mayor Tolbert recessed the meeting at 6:14 p.m. The meeting was reconvened at 6:49 p.m. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:49 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, September 25, 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, Jim Kelly, Sarah Lopez, Jonathan Ventura, Kris Wallace, Marc Hayes, Marty Wray, Tony Orr, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Steve Maisch, and Holly Sloan-Buchanan. 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 presented. 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 Amendment to Fee Resolution City Attorney Steve Peiffle reviewed the resolution staff is proposing. The changes in the language in the fee schedule will clarify the fee calculation of redacting video for the body-worn cameras used by public safety. The proposal clarifies the fee is based on the time of the video redacted. This modification will require a public hearing prior to adoption. Discussion followed with Mr. Peiffle answering Council questions. Ordinance Revising Special Events Policy City Attorney Steve Peiffle reviewed suggested edits to the Special Event Ordinance, AMC Chapter 5.44, which has not been updated since approximately 2007. The basic provisions of the ordinance are largely unchanged except for combining the text addressing First and Fourteenth Amendment protected events into one section of the ordinance, and providing that special events which invoke the First and Fourteenth Amendments should not be located at the same time and place as other events on City property. The attached changes are intended to make it easier for staff to administer special events and to inform the City when an applicant wants their event to be treated as a First or Fourteenth Amendment event. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop September 25, 2023 Page 2 of 3 The ordinance largely follows the special events ordinance version recommended by the City’s insurance pool. The special event permit application has been revised to include questions specifically addressing whether the applicant is applying for an event protected under the First and Fourteenth Amendment. Discussion followed with Mr. Peiffle answering Council questions. Sole Source Resolution Purchase of Surplus Snow Removal Equipment Airport Operations Manager Marty Wray reviewed a staff request for the purchase of surplus Airport Snow Removal Equipment (SRE) under special market conditions. Boeing Field Airport (KCIA) recently received a grant to purchase new snow removal equipment. KCIA is planning to surplus their current fleet of SRE. Airport and M&O staff recently inspected the equipment and vehicles and have identified and selected four pieces of equipment that would best serve Arlington Airport and the City of Arlington. This equipment is in good condition and will be more efficient to use in a snow event. The airport currently uses retrofitted snow removal equipment and does not have any SRE equipment. The efficiency that this equipment will in return provide will reduce the labor and vehicles needed during a snow event. This will allow personnel and vehicles to be deployed to other areas in the city during a snow event. Discussion followed with Mr. Wray answering Council questions. Community and Economic Development Third Quarter Report Community and Economic Development Director Marc Hayes reviewed the third quarter report. Utilities and Transportation Third Quarter Report Public Works Director Jim Kelly reviewed the third quarter report. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT None. COMMENTS FROM COUNCILMEMBERS Councilmember Yvonne Gallardo-Van Ornam spoke about the Stronger Together event and thanked Sarah Lopez and volunteers. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT None. Minutes of the City of Arlington City Council Workshop September 25, 2023 Page 3 of 3 REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers agreed to keep all agenda items for October 2, 2023 Council meeting on New Business. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:58 p.m. ________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill CA #2 Attachment October 2, 2023 Accounts Payable Claims Approval Claims Approval Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: City of Arlington Claims Approval for October 2nd, 2023 Claims Certification: We, the undersigned City Council of the City of Arlington, Washington do hereby certify that the merchandise or services hereinafter specified have been received and that: Approval of EFT Payments and Claims Checks: #108971 through #109083 dated September 6th, 2023 through September 18th, 2023 for a total of $1,669,589.16 City of Arlington Council Agenda Bill NB #1 Attachment C COUNCIL MEETING DATE: October 2, 2023 Amendment to Fee Resolution ATTACHMENTS: Amended fee resolution Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Staff is proposing changes to the language in the fee schedule to clarify the fee calculation of redacting video for the body-worn cameras used by public safety. The proposal clarifies the fee is based on the time of the video redacted. Council previously approved an amendment to the fee resolution for the redaction of body-worn camera video. New language clarifies the fee calculation. ALTERNATIVES: I move 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 authorize the Mayor to sign the resolution. Page 1 RESOLUTION NO. 2023–XXX A RESOLUTION REPLACING RESOLUTION NO. 2023-XXX001, AND ADOPTING A REVISED FEE SCHEDULE WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain actions and services; and, WHEREAS, these various ordinances set forth that fees shall be set by resolution; and, WHEREAS, the cost of providing these various services consistent with applicable codes, regulations, and policies periodically increase or decrease, or certain services or practices are discontinued and fees are no longer needed; and, WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges that are consistent with the services provided and to cover the public cost of providing these various services so that the public is not subsidizing individual benefits derived therefrom; and WHEREAS, the City Council held a public hearing concerning the establishment of the fees for body-work camera footage redaction and determined the adoption of the fee was reasonable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON AS FOLLOWS: The following rates, fees, and charges for various services provided, actions performed, or items sold by the city and/or its contract service providers, and fines levied against code violators, are hereby adopted: Section 1. Fees and Charges—General. 1.1 Fees. Fees are intended to cover the normal, recurring costs associated with providing a given service. Fees are non-refundable. 1.2 Prices. In some instances, the City provides certain goods and merchandise for sale. Prices for these goods may be included in this resolution. 1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of application) or occurs (e.g., prior to a specific action). An applicant may pay all fees of a multi-phased project in advance; however, doing so does not vest applicable fees due. Fees due are those in effect at the time the specific action or phase of an action is requested or occurs. 1.4 Waivers. Upon petition by the applicant, the City Council may waive any of the fees, or portions thereof, for any non-profit organization or government agency. Formatted: Underline, Font color: Auto Formatted: Font color: Auto CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 2 Section 2. Land Use Fees. Fees for various services, actions, and permits regarding land use, as per AMC Title 20 Land Use Code, shall be as listed in Table 2: Land Use Fees Table 2: Land Use Fees Action Fee ($) Land Use Permits Temporary / Seasonal Event Homeless Encampment 125.00 500.00 Development Agreement Preliminary Plats Final Plats Binding Site Plans Conditional Use Permit for Binding Site Plans ≥ 10 Zoning Permit for Binding Site Plans ≤ 9 lots Master Plan Design Review Mixed Use Development CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 3 Action Fee ($) Special Use Permit 3,400.00 plus actual cost of Hearing Examiner (if req’d) Zoning Permit 2,300.00 Forest Practices Permits Permit Review 450.00 Forest Practices Permit Application Fee 125.00 plus 125.00 per acre Review Fee for Conversion Option Harvest Plan Approval 125.00 plus 125.00 per acre Review Fee To Lift Moratorium 300.00 Inspection Fee 150.00 per hour plus 125.00per acre Tree replacement mitigation in-lieu fee with Permit: Number of trees removed x 3 for replacement tree Appeals Reconsideration of Decision by: Permit Extension Amendment to or Modification of Permit Boundary Line Adjustment Land Use Ordinance Amendment CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 4 Amendment to Zoning Map (rezone) < 5 acres 1,200.00 > or = 5 acres 2,000.00 Comprehensive Plan Amendment Minor Amendment (annual cycle) 1,500.00 Major Amendment (5-year cycle) 2,200.00 Annexations Submission of 10% Petition 150.00 Submission of 60% Petition 1,100.00 Boundary Review Board Application Filing Fee 50.00 If it goes to Boundary Review Board Hearing 800.00 Shoreline Development Permit (SDP) SDP in conjunction with a Land Use Permit 550.00 SDP not in conjunction with a Land Use Permit 1,100.00 Significant Tree Removal Significant Tree Replacement: Number of trees removed x 3 or pay in lieu fee per replacement tree Variance Admin. Decision) Examiner Miscellaneous Actions/Items General Information Meeting SEPA Review (note: review of checklist included within Land Use Permit fee ) Change of Use of per AMC 20.40.070 (additional Design Review fees may apply) Critical Area Review Deferral of Impact Fee Request of Utility Services Outside City Limits Residence/Duplex CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 5 Utility Extension Agreement - Other Development 650.00 Property Tax Exemption Certificate Processing Fee 500.00 Recording Recording Fees / Conformed Copies Actual cost paid directly to the Snohomish County Auditor Processing / Technology Fee Permits Section 3. Public Works Fees. Fees for various services, actions and permits shall be as listed in Tables 3-1: Review Fees, 3-2: Grading Plan Review Fees, 3-3: Grading Permit Fees, and 3-4: Public Works Labor and Equipment Charges. Table 3-1: Review Fees Action Fee ($) Civil Review Action Fee ($) Right of Way 1E.E.C.C Engineer’s Estimated Cost of Construction-Includes labor, equipment, material, overhead and profit. Prices shall be from RS Means (latest edition) data adjusted for the Snohomish County area or from local sources if not included in the RS Means database. * Simple Site Plan Review - No water or sewer extension - Single family residence with maximum of 2 lots. * Additional plan review applies when there is a change, addition or revision to the plan. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 6 Application fee $ 65.00 Lease rate or charge Charge per square foot (annual) Commercial zones including, but not limited to, GC, HC, NC $.45 Business zones including, but not limited to,OTBD-1, OTBD-2, OTBD-3 $.40 Appeals fee per AMC 12.50.130 $600.00 plus cost of hearing examiner Leasehold Tax 12.84% Table 3-2: Grading Plan Review Fees 50 cubic yards or less 100.00 51 to 100 cubic yards 120.00 101 to 1,000 cubic yards 160.00 First 1,000 cubic yards Plus - for each additional 10,000 yards or fraction thereof 200.00 10,001 to 100,000 cubic yards For the first 10,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 300.00 40.00 100,001 to 200,000 cubic yards For the first 100,00 cubic yards Plus – for each additional 10,000 cubic yards or fraction thereof 400.00 60.00 200,001 cubic yards or more For the first 200,000 cubic yards Plus - for each additional 10,000 cubic yards or fraction thereof 500.00 100.00 Table 3-3: Grading Permit Fees * Additional plan review fees will be charged at any point in the project when more than 2 reviews are required. * Inspection Fee - commercial and residential plats (storm drainage, landscape, right-of-way and bond inspections). * Outside Consultant Review Fee. * Water & Sewer Availability Certificate Fee. * Engineering Meetings (first 2 hours are no charge). * Miscellaneous engineering fee - traffic and storm water report/design reviewed in-house. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 7 Base Permit Fee 100.00 50 cubic yards or less 120.00 51 to 100 cubic yards 160.00 101 to 1,000 cubic yards First 100 cubic yards 200.00 Action Fee ($) 1,001 to 10,000 cubic yards For the first 1,000 cubic yards Plus - for each additional 1,000 cubic yards or fraction thereof 300.00 40.00 10,001 to 100,000 cubic yards For the first 10,000 cubic yards Plus - for each additional 500.00 100,001 or more cubic yards or more For the first 100,000 cubic yards 600.00 Table 3-4: Public Works Labor and Equipment Charges A. Services and work included in the below schedule will be charged a 15% administrative/overhead fee for accounting, billing and general City administrative costs. B. All work or services not included in the below schedule must be mutually agreed upon prior to the commencement of work. C. Equipment and machinery that is not explicitly included in the below schedule will be charged at the rate set forth in the most current Rental Rate Blue Book for Construction Equipment ("Blue Book"). If the equipment or machinery rate is not available in the Blue Book, the City will determine an appropriate fee or rate based on the original cost of the asset plus operating and maintenance cost and/or comparable rates charged by other organizations. Item Fee ($) Labor Rate Cost Lead Maintenance Worker Hourly 60.00 Sr. Maintenance Worker Hourly 55.00 Maintenance Worker Hourly 50.00 Administrative Staff Hourly 50.00 Rate Cost CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 8 Item Fee ($) Pick-up Truck Hourly 15.00 Dump Truck Hourly 75.00 Back-hoe Hourly 55.00 Vactor-Jetter Truck Hourly 105.00 Snow Plow Hourly 75.00 Street Sweeper Hourly 55.00 Section 4. Building, Plumbing, Mechanical, Fire Permit and Plan Review Fees. For determining the value of a structure, the most current Building Valuation Data as published by the International Code Council, is adopted by reference. Fees shall be as listed in Tables 4-1: Building Permit Fees, 4-2: Building Plan Fees, 4-3: Miscellaneous Building Permit Fees and 4-4: Miscellaneous Building Inspection & Plan Review Fees. Table 4-1: Building Permit Fees 1.00 – 500.00 34.00 0.00 to 500.00 501.00 – 2,000.00 4.57 PLUS for each additional 100.00, or fraction thereof, to and including 25,000.00 21.03 PLUS for each additional 1,000.00, or fraction thereof, to and 50,000.00 15.24 PLUS for each additional 1,000.00, or fraction thereof, to and 100,000.00 967.24 10.61 PLUS for each additional 1,000.00, or fraction thereof to and 497.74 5.49 Table 4-2: Building Plan Review Fees All valuations 65% of Building Permit Fee based on valuation calculation per Table 4-1 Table 4-3: Miscellaneous Building Permit Fees CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 9 Action Fee ($) Demolitions 100.00 + Inspection fee Espresso Stands (portable and stand-alone) 250.00 + Inspection fee Fences Over 6 feet in height 100.00 plan review + Inspection fee Fuel Tank Underground Installation 500.00 Fuel Tank Underground Removal 500.00 Action Fee ($) Fuel Tank LPG Installation 100.00 Marijuana Extraction Table 4.1 & 4.2 Minimum Housing Inspection 75.00 Mobile Homes Installation 500.00 Modular Offices Installation 500.00 Moved Buildings 100.00 Re-roofing Permit – Residential 75.00 Re-roofing Permit – Commercial 100.00 plan review; permit fee, Table 4.1 Retaining walls (permit not required under four (4) feet 100.00 or IBC valuation, whichever is greater Signs Permits Permit Fee Only, Table 4.1; minimum 100.00 Swimming Pool or Spa Fee per each pool or spa; private or public Table 4.1 & 4.2 Washington State Surcharge RCW 19.27.085 Residential Building Permits 6.50 Each Additional Residential Unit (This does not apply to the first unit) 2.00 Table 4-4: Miscellaneous Building Inspection & Plan Review Fees Inspections outside of normal business hours 150.00 per hour2 (minimum charge 1 hour) Re-inspection fees (includes two inspections) 75.00 per hour4 Inspection for which no fee is specifically indicated 75.00 per hour4 (minimum charge 1 hour) For use of outside consultants for plan review and inspections, or both. Actual costs 3 Stop work order (working without permit) 4 Double permit fees or 500.00, whichever is less Revise site plan after plan review completed 100.00 Revise building plans during plan review <50% review completion 75.00 >50% review completion New plan review fee 2 The total hourly cost to the City, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages, and benefits of the employees involved. 3 Actual costs include administrative and overhead costs. 4 Stop work order (SWO): failure to obtain a valid permit CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 10 Revised building plans after issuance of permit New plan review fee 4.2 Plumbing Permit and Plan Fees. Plumbing fees shall be as listed in Table 4-5: Plumbing Permit Fees and Table 4-1: Plumbing Plan Review Fees. Table 4-5: Plumbing Permit Fees unit. A plan review fee of 65% per Table 4-6 for plumbing permits will be assessed at time of submittal. Additional Plan Review fees $ 75.00 Alteration/repair piping $ 15.00 Backflow Assembly $25.00 Base Plumbing Fee $ 25.00 Bath/Shower Combo $ 15.00 Building Main Waste $ 25.00 Clothes Washer $ 15.00 Dishwasher $ 15.00 Drinking Fountain $ 15.00 Floor Drains $ 15.00 Grease Interceptor $ 75.00 Grease Trap $ 25.00 Hose Bibb $ 15.00 Icemaker/Refrigerator $ 15.00 Irrigation – per meter $ 25.00 Kitchen Sink & Disposal $ 15.00 Laundry Tray $ 15.00 Lavatory $ 15.00 Med Gas Piping ≤ 5 inlets/outlets $ 60.00 Med Gas Piping > 5 inlets/outlets (plus ≤ 5 inlets/outlets) $ 5.00 Miscellaneous – regulated by plumbing code, not otherwise specified $ 15.00 Pretreatment Interceptor $ 15.00 Re-inspection Fee (all) $ 75.00 Roof Drains $ 15.00 Shower (only) $ 15.00 Sink (bar, service, etc.) $ 15.00 Toilets $ 15.00 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 11 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) PLUMBING PERMIT FEES (per unit) Urinal $ 15.00 Vacuum Breakers $ 25.00 Water Heater $ 25.00 Water Heater - Tankless $ 25.00 Table 4-6: Plumbing Plan Review Fees 4.3 Mechanical Permit Fees. Mechanical permit fees shall be as listed in Table 4-7: Mechanical Permit Fees and Table 4-8: Mechanical Plan Review Fees. Table 4-7: Mechanical Permit Fees per unit. A plan review fee of 65% per Table 4-8 for mechanical permits will be assessed at time of Additional Plan Review fees $ 75.00 Air Cond. Unit ≤100Btu/h $ 15.00 Air Cond. Unit >100Btu/h $ 25.00 Air Cond. Unit >500Btu/hp $ 50.00 Air Handling Units $ 15.00 Base Mechanical Fee $ 25.00 Boiler <100Btu/h >3hp $ 15.00 Boiler >1 million Btu/h<50hp $ 25.00 Boiler >1.5 million Btu/h<50hp $ 50.00 Boiler >100Btu/h 3-15hp $ 15.00 Boiler >500Btu/h 15-30hp $ 25.00 Commercial Hoods -Type I / II $ 25/50 Diffusers $ 15.00 Dryer Ducting $ 15.00 Ductwork (drawings required) $ 25.00 Evaporative Coolers $ 15.00 Exhaust/Ventilation Fans $ 15.00 Fireplace/Insert/Stove $ 15.00 Forced Air Heat ≤100 Btu/h $ 15.00 Forced Air Heat >100 Btu/h $ 25.00 PLUMBING PLAN REVIEW FEES All valuations 65% of Building Permit Fee based on valuation calculation per Table 4-1 CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 12 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) MECHANICAL PERMIT FEES (per unit) Commercial mechanical permits are required to submit line drawings. A permit fee shall be calculated per unit. A plan review fee of 65% per Table 4-8 for mechanical permits will be assessed at time of Gas Clothes Dryer $ 15.00 Gas Fired AC ≤100 Btu/h $ 15.00 Gas Fired AC >100 Btu/h $ 25.00 Gas Fired AC > 500 Btu/h $ 50.00 Gas Piping ≤ 5 units $ 15.00 Gas Piping > 5 units (plus <5 units) $ 2.00 Heat Exchangers $ 15.00 Heat Pump-Condensing Unit $ 25.00 Hot Water Heat Coils $ 15.00 Miscellaneous Appliance - regulated by mechanical code, not otherwise specified $ 15.00 Pkg. Units ≤100btu/>100btu $ 25/50 Range/Cook top-Gas Fired $ 15.00 Refrigeration Unit ≤100Btu/h $ 15.00 Refrigeration Unit >100Btu/h $ 25.00 Refrigeration. Unit >500Btu/h $ 50.00 Re-inspection fee (all) $ 75.00 Residential Range Hood $ 15.00 Unit Heaters ≤ 100 Btu/h $ 15.00 Unit Heaters >100 Btu/h $ 25.00 VAV Boxes (Variable Air Volume, part of air conditioning system) $ 10.00 Wall Heaters - Gas Fired $ 25.00 Water Heater-Gas Fired $ 25.00 Table 4-8: Mechanical Plan Review Fees MECHANICAL PLAN REVIEW FEES All valuations 65% of Building Permit Fee based on valuation calculation per Table 4-1 4.4 Fire Permit and Plan Review Fees. Fire Permit Fees shall be as listed in Table 4-9: Fire Permit Fees Table 4-10: Fire Plan Review Fees. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 13 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Table 4-9: Fire Permit Fees FIRE SPRINKLER SYSTEMS (105.7.1, 105.7.4, 105.7.11) TENANT IMPROVEMENT OR SYSTEM MODIFICATION (NFPA 13/13R) Number of Sprinklers or Devices** Fee 1 to 2 $ 75.00 3 to 5 $125.00 6 to 10 $175.00 11 to 20 $225.00 21 to 40 $300.00 41 to 100 $375.00 101 to 200 $475.00 201 to 300 $575.00 >300 $600.00 plus $50.00 per 100 additional devices For Hydraulically designed systems multiply the fees above by 2. NEW COMMERCIAL SYSTEM (NFPA 13/13R) 1 to 100 $375.00 101 to 200 $475.00 201 to 300 $600.00 >300 $625.00 plus $50.00 per 100 additional devices RESIDENTIAL (NFPA 13D) Number of Sprinklers or Devices**Fee* HOOD SUPPRESSION SYSTEM Type of System Fee STANDPIPE SYSTEM Type of Standpipe Fee CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 14 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) PHASED INSTALLATION Additional Fee (Each piece is one device) SPRAY BOOTHS (105.7) & INDUSTRIAL OVENS (105.7.7) Spray Booths Fee Industrial Oven NOTE: SEPARATE SPRINKLER PERMIT REQUIRED FIRE ALARM SYSTEM - NFPA 72 (105.7.3) TENANT IMPROVEMENT OR SYSTEM MODIFICATION Number of Devices* Fee NEW COMMERCIAL SYSTEM Number of Devices* Fee NOTE:device* FACP AND/OR TRANSMITTER NOTE: All Central Station Monitoring must be UL or FM listed. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 15 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) *Devices include separate individual portions of a Fire Alarm System such as: Initiating Devices, Notification Appliances, Flow Switches, Supervisory Switches, Magnetic Door Hold- Open Devices, Remote Annunciators, Pull Stations, Beam Detectors and other such devices. (Each piece is one device) Table 4-10: Fire Plan Review Fees < $5,000.00 200.00 $5,000.00 and over 65% of Building Permit Fee based on valuation calculation per Table 4-1 Section 5. Fire Department Life-Safety Inspection Fees. Fees for re-inspections for life- safety issues conducted by the Fire Department shall be as listed in Table 5: Fire Department Life-Safety Inspection Fees. Table 5: Fire Department Life-Safety Inspection Fees Initial Inspection 0.00 First re-inspection for corrections 0.00 Second re-inspection for corrections 100.00 Third re-inspection for corrections 150.00 Additional inspections to complete life/safety corrections and attain compliance 250.00 Section 6. Fees for the Use of City Owned Facilities. Fees for various services, actions, and permits regarding use of City owned facilities shall be as listed in Table 6: Fees for the Use of City Owned Facilities. Table 6: Fees for the Use of City Owned Facilities One to three hours 15.00 per hour Over three hours 75.00 One to four days $100.00 per rental Field Use $10.00 per hour CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 16 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Lighting $3.00 per 1.5 hours Community Garden 4 X 20 foot bed $20.00 per season 4 X 8 foot bed $15.00 per season 2 X 8 foot bed $10.00 per season Designated long-term parking areas at the Arlington Municipal Airport One Dollar ($1.00) per day after the first three (3) days Section 7. Appeal Fees for Violations and Abatement. Fees for various services and actions regarding violations and abatement as per Chapter 11.01 of the Arlington Municipal Code shall be as listed in Table 7: Appeal Fees for Violations and Abatement. Table 7: Appeal Fees for Violations and Abatement To Hearing Examiner 582.00 plus actual cost of Hearing Examiner Forest Practice Violation Fine 317.00 Section 8. Licensing Fees. Licensing fees for various licenses issued under various sections of the Arlington Municipal Code shall be as listed in Table 8:- Licensing Fees. Table 8: Licensing Fees New application / renewal business license under AMC Chapter 5.28 60.00 Peddlers & Solicitors License under AMC Chapter 5.04 25.00 Vehicles for Hire License under AMC Chapter 5.12 - First vehicle - 35.00 Section 10. Dog Licensing Fees. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 17 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) 10.1 Fees for dog licenses as called for in Arlington Municipal Code Chapter 8.09 shall be listed in Table 10: Dog Licensing Fees 10.2 Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her guide dog, or a request by a physically disabled person not to be charged a fee to license his or her service animal. 10.3 All dogs require proof of current Rabies vaccination to be licensed. Table 10: Dog Licensing Fees Dog – unaltered (annual tag) 40.00 Dog – altered (lifetime tag) 20.00 Dog –altered (senior citizen owner – lifetime tag) 10.00 Replacement Tag fee 5.00 Section 11. Fees for Police Services. Fees for various services, actions, and permits for police services shall be as listed in Table 11: Fees for Police Services. Table 11: Fees for Police Services Fingerprinting 20.00 Concealed Weapons Permits: 1. New permit 2. Permit Renewal 3. Lost or stolen permit All charges per RCW 9.41.070 1. Fine for parking as described in Arlington Municipal Code 10.54.060, Prohibited Parking 2. Fine if paid within 24 hours of issuance 50.00 25.00 Section 12. Fees for Duplication and Redaction of Public Records. 12.1 Fees for various services and actions for duplication and redaction of public records shall be consistent with the provisions of RCW 42.56.120 and listed in Table 12: CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 18 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Fees for Public Records Services. 12.2 The City of Arlington finds that calculating the actual costs of scanning per page in order to fulfill a public records request would be unduly burdensome for the following reasons: (a) The City employs over 120 employees. Because all City employees contribute to the production of public records requests and all employees earn different salaries or rates of pay, the public records officer would have to be privy to salaries of all employees in order to calculate the invoice; (b) Employees supplying scanned records to the public records officer would be required to track time spent, thereby creating a burden for those employees without work stations as well as additional work not assigned in many employees’ job descriptions and or union contracts; (c) The City’s public records officer would be required to maintain a record of all employees who contribute to each part of a public record request and potentially charge different amounts for multiple scanned pages; (d) The City uses more than seven document scanning machines with different costs and lease agreement fees which change from time to time. The cost of supplies for the City’s various scanning machines is subject to change based on current market rates. Calculating the portion of the machines and supplies used toward scanning public records would require knowledge of the cost of supplies and an in-depth analysis of timing and application multiplied by each contributing employee’s hourly rate of pay; and (e) The response time to a public records request may be delayed in order to calculate scanning costs and create an invoice with different rates of scanning charges. Table 12: Fees for Public Records Services In house copying of City documents for the public 0.15 per page In house copying of City documents to PDF when original document is not in electronic format 0.10 per page Provision of files or attachments and provided by electronic delivery 0.05 per 4 files or attachments Electronic records transmission 0.10 per gigabyte (GB) Storage media (USB, CD), container, envelope, and postage delivery charge Actual cost Duplication of documents and other media printed by outside party Actual cost to reproduce Staff redaction time for body-worn camera footage* *The City will charge all requestors requesting body-worn camera footage except those listed in RCW 42.56.240(e)(i) for the time it takes the City to by the duration in minutes of the portion of the averageof video CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 19 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) on the average per-minute salaries of the City employees responsible for video redaction. For the purposes of providing requestors estimated costs of a request under RCW 42.56.120(2)(f), the City estimates that redaction takes ten minutes of staff time per minute of raw footage for targeted video redaction (with or without audio redaction); five minutes of staff time per minute of raw footage for targeted audio redaction alone; and one minute Section 13. Fees for Franchise Applications. Pursuant to AMC Title 21, fees for various services and actions for franchise applications shall be listed in Table 13: Fees for Franchise Applications. Table 13: Fees for Franchise Applications Action / Service Fee ($) Section 14. Fees for GIS Services. Fees for various services and actions for GIS shall be listed in Table 14: Fees for GIS Products Table 14: Fees for GIS Products Zoning and Land Use Maps 10.00 11x17 5.00 2x3 13.00 3x3 19.00 3x4 25.00 Map CD 26.00 Data CDs/FTP 26.00 per client Hourly Rate for Custom Work 127.00 per hour, ½ hour minimum Laminating 3.00/sq ft Shipping Actual Cost of container and postage Section 15. Finance Department Services. Fees for various services, actions, and permits for finance services shall be as listed in Table 15: Fees for Finance Department Services. CITY OF ARLINGTON FEE SCHEDULE RESOLUTION NO. 2023-XXX Page 20 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Table 15: Fees for Finance Services Non-Sufficient Funds – Dishonored or disallowed draft or check $35.00 Establishing a new utility account $18.00 Reactivating an existing utility account $18.00 Shut off processing fee $50.00 Section 16. Repeal of Previous Fee Resolution. Resolution 2022-0032023-001 is hereby repealed. Section 17. Effective Date. This resolution will become effective immediately upon passage. PASSED by the City Council and APPROVED by the Mayor this ______ day of July___________, 2023. CITY OF ARLINGTON _________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: _______________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #2 Attachment D COUNCIL MEETING DATE: October 2, 2023 Revisions to Special Event Ordinance Red-lined ordinance, Arlington Municipal Code (AMC) 5.44 with proposed revisions, and revised permit application. Legal; Steve Peiffle, City Attorney EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: City Attorney Steve Peiffle has suggested edits to the Special Event Ordinance, AMC Chapter 5.44, which has not been updated since approximately 2007. The basic provisions of the ordinance are largely unchanged except for combining the text addressing First and Fourteenth Amendment protected events into one section of the ordinance, and providing that special events which invoke the First and Fourteenth Amendments should not be located at the same time and place as other events on City property. The attached changes are intended to make it easier for staff to administer special events and to inform the City when an applicant wants their event to be treated as a First or Fourteenth Amendment event. The ordinance largely follows the special events ordinance version recommended by the City’s insurance pool. The Special Event permit application has been revised to include questions specifically addressing whether the applicant is applying for an event protected under the First and Fourteenth Amendment. The City first adopted its special events ordinance in 2007. Increasing numbers of events have shown that some changes are necessary to best administer the ordinance. ALTERNATIVES: ORDINANCE 2023-XXX 1 ORDINANCE NO. 2023-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 5.44 OF THE ARLINGTON MUNICIPAL CODE REGARDING SPECIAL EVENTS WHEREAS, the City has the power to regulate the use of City property for the purpose of regulating the impacts on city rights of way, streets, sidewalks, and on emergency services; and WHEREAS, the City Council has considered its existing special events ordinance and has determined that certain provisions should be updated in light of recent legislation, including the adoption of amendments to RCW 9.41.300, which imposes limitations on “open carry” rights within certain “permitted demonstrations” as defined therein; and WHEREAS, the City believes that amendment of its ordinance is desirable to ensure the protection of the public and those attending its special events; and WHEREAS, the City Council has considered the proposed amendment to the municipal code and finds it to be consistent with city and state law and in the best interests of the citizens; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 5.44.010 shall be and hereby is amended to read as follows: 5.44.010 Definitions. For purposes of this chapter, the following definitions shall apply: "Special events" means and includes any event which is to be conducted on public property or on a public rights-of-way; and, also, any event held on private property which would have a direct significant impact on traffic congestion; or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact public streets or rights-of-way near the event; or which would significantly impact the need for city-provided emergency services, such as police, fire or medical aid. It is presumed that any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of one hundred (100) or more people are each presumed to be an event that will have a direct significant impact on the public streets, rights-of-way or emergency services. Special events might include, but are not limited to, fun runs/walks, roadway foot racesathletic competitions, fund raising walks, auctions, bike-a-thons, parades, carnivals, city heritage celebrations, holiday festivals, shows, or inhabitationsexhibitions, filming/movie events, circuses, block parties and fairs. ORDINANCE 2023-XXX 2 "Special events protected under the First and Fourteenth Amendments" means and includes any event having as its principal purpose involving political or religious activity intended primarily for the communication or expression of ideas. "Use" means to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place, any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including a use related to special events. Section 2. A new Arlington Municipal Code Section 5.44.015 shall be and hereby is added to read as follows: 5.44.015 Special Events Protected Under 1st and 14th Amendments. a. An applicant may apply for a special events permit for a special event protected under the First and Fourteenth Amendments. b. In determining whether an event is a special event protected under the First and Fourteenth Amendments, the City shall consider all relevant information, including the nature of the event; the extent of commercial activity, such as the sales of food, goods and services; product advertising or promotion, or other business participation in the event; the use or application of any funds received; and if part of any annual tradition or series, previous events in the sequence. c. When the City has determined that an event is a special event protected under the First and Fourteenth Amendments, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. d. A special event protected under the First and Fourteenth Amendment may be issued sooner than sixty days before the event, when the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. e. The City shall have the right to impose the following types of conditions on special events protected under the First and Fourteenth Amendment: (1) Requirements relating to the time, place and manner of the event; ORDINANCE 2023-XXX 3 (2) Requirements relating to the area of assembly and disbanding of the event along with uses of a specific route; (3) Requirements relating to pedestrians or vehicular traffic, including restricting the event to only a portion of the street or rights-of-way. f. No fee, indemnification agreement or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendment to the United States Constitution. g. The provisions of Arlington Municipal Code sections 5.44.070 through 5.44.100 shall not apply to special events protected under the First and Fourteenth Amendment. Section 3. Arlington Municipal Code Section 5.44.020 shall be and hereby is amended to read as follows: 5.44.020 Permit required. A special event permit or authorization from the city is required for any event in a park, public place or on private property where it will significantly impact public sidewalks or roadways. Such special event permit shall be in addition to any street or park use, or other regular permits as may be required by ordinance. The permit required by this chapter is separate from and in addition to the business license issued under Chapter 5.28, which may also be required when applicable. When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. A special event permit is not required for the following: (1) Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full by the city of Arlington; (2) Funeral and wedding processions; (3) Groups required by law to be so assembled; (4) Gatherings of thirty (30) or fewer people in a city park, unless merchandise or services arc are offered for sale or trade; (5) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales; (6) Garage sales and rummage sales; (7) The exhibition of films or motion pictures; ORDINANCE 2023-XXX 4 (8) Other similar events and activities which do not directly affect or use city services of or City property or rights of way. Any person desiring to sponsor a parade, athletic event or special event shall be encouraged to apply for a special event permit by filing an application with the city at least sixty days prior to the date on which the event is to occur. In addition to the permit application, the applicant shall submit a safety plan. A separate parade permit may be required in addition to a special event permit. Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city may consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. Section 4. Arlington Municipal Code Section 5.44.030 shall be and hereby is amended to read as follows: 5.44.030 Grounds for denial of application. The city may deny an application for a special event permit if: (1) (1) The applicant provides false or misleading information; (2) Thethe applicant fails to complete the application or to supply other required information of or documents; , or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit; (1) (2)(3) (2) The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property; or (4) (3) The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public; or (3)(5) There are not sufficient safety personnel or other necessary City staff to accommodate the event.. In the event subsection (24) or (35), above, applies, the city shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. ORDINANCE 2023-XXX 5 Section 5. Arlington Municipal Code Section 5.44.040 shall be and hereby is amended to read as follows: 5.44.040 Permit conditions. (a) The city may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. The following conditions shall be applied to all special events permits: (1) Requirements relating to the time, place and manner of the event proposed on the event application; (2) Requirements relating toconcerning the area of assembly and disbanding of the event along with usesoccurring along of a specific route; and (3) Requirements relating toconcerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the streets or rights-of-way. (b) Conditions on special events permits not protected under the First and Fourteenth Amendments of the U.S. Constitution may include, but are not limited to: (1) Requirements for the use of traffic cones or barricades; (2) Requirements for the provision of first aid or sanitary facilities; (3) Requirements for use of event monitors and providing notice of permit conditions to event participants; (4) Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety; (5) Compliance with animal protection ordinances and laws; (6) Requirements for use of garbage containers, cleanup, and restoration of city property. (7) Restrictions on the use of amplified sound and compliance with noise ordinance, regulations and laws; (8) Notice to residents and/or businesses regarding any activity which would require a street closure; (9) Restrictions on the sale and/or consumption of alcohol; ORDINANCE 2023-XXX 6 (10) Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability risk to the city; (11) Requirements regarding the use of city personnel and equipment; (12) Compliance with any other applicable federal, state or local law or regulation; (13) Payment of special event fees as stated in AMC 5.44.090; and (14) Providing evidence of liability insurance and additional insured endorsement naming the City as an additional insured. Section 6. Arlington Municipal Code Section 5.44.050 shall be and hereby is amended to read as follows: 5.44.050 Appeal procedure. The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees or cleanup deposits imposed pursuant to Section 5.44.090, or a determination by the city that the applicant's certificate of insurance does not comply with the requirements specified in Section 5.44.080. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than thirty days after receipt of a timely and proper notice of appeal. Public comment at the appeal hearing shall be limited to three minutes per individual and fifteen minutes each for appellant and city respondent. The decision of the city council is final. If the applicant’s reason for appeal includes allegations of constitutional violations, the issue will be heard by the City’s hearing examiner instead of the City Council. If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at its own option, request that the designated city official schedule the appeal before the mayor or city administrator or designee. The mayor or city administrator or designee shall hold a hearing no later than five (5) business days after the filing of the appeal and will render a decision no later than one (1) business clay after hearing the appeal. If the appeal is requested and heard before the mayor or city administrator, the mayor's or city administrator's decision is final. There is no further appeal to the city council. ORDINANCE 2023-XXX 7 Section 7. Arlington Municipal Code Section 5.44.060 shall be and hereby is repealed. Section 8. Arlington Municipal Code Section 5.44.070 shall be and hereby is amended to read as follows: 5.44.070 Indemnification agreement. Prior to the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property. The applicant or organization shall and indemnify and defend the cityCity, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city's sole negligence. Section 9. Arlington Municipal Code Section 5.44.080 shall be and hereby is amended to read as follows: 5.44.080 Insurance. The following insurance shall be required in connection with the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution: one million dollars commercial general liability insurance per occurrence combined single limits, two million dollars aggregate, unless waived by the city. Higher limits of insurance may be required dependent upon the size and/or possible impacts of an event and/or requirements of the city's insurance company. The city administrator or his or her designee is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence basisform, shall name the city as an additional insured using an endorsement at least as broad as ISO additional endorsement form CG 20 26, shall be written for a period not less than twenty-four (24) hours prior to the event and extending for a period not less than twenty-four (24) hours following the completion of the event, or for the entire period of set up and tear down, whichever is longer. The applicant shall provide the City and all additional insureds for this event with written notice of any policy cancellation within two (2) business days of their receipt of such notice.and shall contain a provision prohibiting cancellation of the policy, except upon thirty days written notice to the city. ORDINANCE 2023-XXX 8 Section 10. Arlington Municipal Code Section 5.44.090 shall be and hereby is amended to read as follows: 5.44.090 Fees for city services. (a) Upon approval of an application for a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the city administrator shall provide the applicant with a statement of the estimated cost of providing city personnel and equipment, and the estimated cost of leasing city airport property if applicable. The applicant/sponsor of the event shall be required to prepay these estimated costs for city services and equipment and leased property ten (10) days prior to the special events. city City services and equipment may include the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating the equipment to provide such services. (b) If the actual cost for city services and equipment on the date(s) of the event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for city services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference. (c) Permit fees and fees for the use of city services and equipment may be waived in part or in full by the city if in review of the application it is found that the event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or "for profit" entity. Section 11. Arlington Municipal Code Section 5.44.100 shall be and hereby is amended to read as follows: 5.44.100 Cleanup deposits. The applicant/sponsor of an event not protected under the First and Fourteenth Amendments of the U.S. Constitution involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations or any other event likely to create a substantial need for a cleanup, may be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event. ORDINANCE 2023-XXX 9 If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration. The cleanup deposit shall be applied toward the payment of the bill. Section 12. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 13. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this _____ day of October, 2023. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney Title 5 - BUSINESS LICENSES AND REGULATIONS Chapter 5.44 PARADES, ATHLETIC EVENTS AND OTHER SPECIAL EVENTS Arlington, Washington, Code of Ordinances Created: 2023-08-31 12:54:32 [EST] (Supp. No. 35) Page 1 of 7 Chapter 5.44 PARADES, ATHLETIC EVENTS AND OTHER SPECIAL EVENTS 5.44.010 Definitions. For purposes of this chapter, the following definitions shall apply: "Special events" means and includes any event which is to be conducted on public property or on a public rights-of-way; and, also, any event held on private property which would have a direct significant impact on traffic congestion; or traffic flow to and from the event over public streets or rights-of-way; or which would significantly impact public streets or rights-of-way near the event; or which would significantly impact the need for city- provided emergency services, such as police, fire or medical aid. It is presumed that any event on private property which involves an open invitation to the public to attend or events where the attendance is by private invitation of one hundred (100) or more people are each presumed to be an event that will have a direct significant impact on the public streets, rights-of-way or emergency services. Special events might include, but are not limited to, fun runs/walks, roadway foot racesathletic competitions, fund raising walks, auctions, bike-a-thons, parades, carnivals, city heritage celebrations, holiday festivals, shows, or inhabitationsexhibitions, filming/movie events, circuses, block parties and fairs. "Special events protected under the First and Fourteenth Amendments" means and includes any event having as its principal purpose involving political or religious activity intended primarily for the communication or expression of ideas. "Use" means to construct, erect, or maintain in, on, over or under any street, right-of-way, park or other public place, any building, structure, sign, equipment or scaffolding, to deface any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the normal public use of any public street, right-of-way, park or other public place within the city, including a use related to special events. 5.44.015 Special Events Protected Under 1st and 14th Amendments. a. An applicant may apply for a special events permit for a special event protected under the First and Fourteenth Amendments. b. In determining whether an event is a special event protected under the First and Fourteenth Amendments, the City shall consider all relevant information, including the nature of the event; the extent of commercial activity, such as the sales of food, goods and services; product advertising or promotion, or other business participation in the event; the use or application of any funds received; and if part of any annual tradition or series, previous events in the sequence. c. When the City has determined that an event is a special event protected under the First and Fourteenth Amendments, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. d. A special event protected under the First and Fourteenth Amendment may be issued sooner than sixty days before the event, when the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. Formatted: Superscript Formatted: Superscript Created: 2023-08-31 12:54:32 [EST] (Supp. No. 35) Page 2 of 7 e. The City shall have the right to impose the following types of conditions on special events protected under the First and Fourteenth Amendment: (1) Requirements relating to the time, place and manner of the event; (2) Requirements relating to the area of assembly and disbanding of the event along with uses of a specific route; (3) Requirements relating to pedestrians or vehicular traffic, including restricting the event to only a portion of the street or rights-of-way. f. No fee, indemnification agreement or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendment to the United States Constitution. g. The provisions of Arlington Municipal Code sections 5.44.070 through 5.44.100 shall not apply to special events protected under the First and Fourteenth Amendment. 5.44.020 Permit required. A special event permit or authorization from the city is required for any event in a park, public place or on private property where it will significantly impact public sidewalks or roadways. Such special event permit shall be in addition to any street or park use, or other regular permits as may be required by ordinance. The permit required by this chapter is separate from and in addition to the business license issued under Chapter 5.28, which may also be required when applicable. When such an event will be an exercise of rights protected by the First and Fourteenth Amendments to the United States Constitution, the application shall be processed promptly, without charging a fee for political or religious activities or imposing terms or conditions that infringe constitutional freedoms, and in a manner that respects the liberty of applicants and the public. A special event permit is not required for the following: (1) Parades, athletic events or other special events that occur exclusively on city property and are sponsored or conducted in full by the city of Arlington; (2) Funeral and wedding processions; (3) Groups required by law to be so assembled; (4) Gatherings of thirty (30) or fewer people in a city park, unless merchandise or services arc are offered for sale or trade; (5) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales; (6) Garage sales and rummage sales; (7) The exhibition of films or motion pictures; (8) Other similar events and activities which do not directly affect or use city services of or City property or rights of way. Any person desiring to sponsor a parade, athletic event or special event shall be encouraged to apply for a special event permit by filing an application with the city at least sixty days prior to the date on which the event is to occur. In addition to the permit application, the applicant shall submit a safety plan. A separate parade permit may be required in addition to a special event permit. Waiver of Application Deadline. Upon a showing of good cause or at the discretion of the city, the city may consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other city services for the event. Good cause can be demonstrated by the Formatted: Indent: Left: 0.56", First line: 0" Formatted: Block 1 Created: 2023-08-31 12:54:32 [EST] (Supp. No. 35) Page 3 of 7 applicant showing that the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. 5.44.025 Production of motion pictures—Permit required. (a) Except as otherwise provided herein, it shall be unlawful for any person to engage in the business or activity of the filming, videotaping or otherwise producing motion pictures for television, internet, or public exhibition at any place within the city, other than at or in an established motion picture, television or photography studio, unless such person has first been issued a film production permit by the city clerk. (b) The provisions of this section shall not apply to the filming, videotaping, or the photographing or otherwise preserving of motion pictures: (1) Solely for private or family use; (2) For use in a criminal investigation or civil proceeding; (3) For news purposes; (4) For charitable or government purposes. 5.44.030 Grounds for denial of application. The city may deny an application for a special event permit if: (1) (1) The applicant provides false or misleading information; (2) Thethe applicant fails to complete the application or to supply other required information of or documents; , or the applicant declares or shows an unwillingness or inability to comply with the reasonable terms or conditions contained in the proposed permit; (3) (2) The proposed event would conflict with another proximate event, interfere with construction or maintenance work in the immediate vicinity, or unreasonably infringe upon the rights of abutting property; or (4) (3) The proposed event would unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public; or (5) There are not sufficient safety personnel or other necessary City staff to accommodate the event.. In the event subsection (24) or (35), above, applies, the city shall offer the applicant the opportunity to submit an alternative date or place for the proposed event before denying the application. (Ord. 1422 § 1(part), 2007). 5.44.040 Permit conditions. (a) The city may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. The following conditions shall be applied to all special events permits: (1) Requirements relating to the time, place and manner of the event proposed on the event application; Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.65" Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.65" Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.33" + Indent at: 0.65" Formatted: Indent: First line: 0" Created: 2023-08-31 12:54:32 [EST] (Supp. No. 35) Page 4 of 7 (2) Requirements relating toconcerning the area of assembly and disbanding of the event along with usesoccurring along of a specific route; and (3) Requirements relating toconcerning accommodation of pedestrians or vehicular traffic, including restricting the event to only a portion of the streets or rights-of-way. (b) Conditions on special events permits not protected under the First and Fourteenth Amendments of the U.S. Constitution may include, but are not limited to: (1) Requirements for the use of traffic cones or barricades; (2) Requirements for the provision of first aid or sanitary facilities; (3) Requirements for use of event monitors and providing notice of permit conditions to event participants; (4) Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures, and decorated vehicles for fire safety; (5) Compliance with animal protection ordinances and laws; (6) Requirements for use of garbage containers, cleanup, and restoration of city property. (7) Restrictions on the use of amplified sound and compliance with noise ordinance, regulations and laws; (8) Notice to residents and/or businesses regarding any activity which would require a street closure; (9) Restrictions on the sale and/or consumption of alcohol; (10) Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability risk to the city; (11) Requirements regarding the use of city personnel and equipment; (12) Compliance with any other applicable federal, state or local law or regulation; (13) Payment of special event fees as stated in AMC 5.44.090; and (14) Providing evidence of liability insurance and additional insured endorsement naming the City as an additional insured. . 5.44.050 Appeal procedure. The applicant shall have the right to appeal the denial of a permit or a permit condition. The applicant shall also have the right to appeal the amount of fees or cleanup deposits imposed pursuant to Section 5.44.090, or a determination by the city that the applicant's certificate of insurance does not comply with the requirements specified in Section 5.44.080. A written notice of appeal shall be filed within three business days after receipt or personal delivery of a notice of denial or permit conditions from the city. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than thirty days after receipt of a timely and proper notice of appeal. Public comment at the appeal hearing shall be limited to three minutes per individual and fifteen minutes each for appellant and city respondent. The decision of the city council is final. If the applicant’s reason for appeal includes allegations of constitutional violations, the issue will be heard by the City’s hearing examiner instead of the City Council. If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at its own option, request that the designated city official schedule the appeal before the mayor or city administrator or designee. The mayor or city administrator or designee shall hold a Created: 2023-08-31 12:54:32 [EST] (Supp. No. 35) Page 5 of 7 hearing no later than five (5) business days after the filing of the appeal and will render a decision no later than one (1) business clay after hearing the appeal. If the appeal is requested and heard before the mayor or city administrator, the mayor's or city administrator's decision is final. There is no further appeal to the city council. 5.44.060 Exemptions from fees, indemnification agreement and insurance. No fee, indemnification agreement or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendment to the United States Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee applies include the nature of the event; the extent of commercial activity, such as the sales of food, goods, and services; product advertising or promotion, or other business participation in the event; the use or application of any funds raised; if part of any annual tradition or series, previous events in the sequence; and the public perception of the event. Reserved. 5.44.070 Indemnification agreement. Prior to the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the permit applicant and authorized officer of the sponsoring organization must agree to reimburse the city for any costs incurred by it in repairing damage to city property. The applicant or organization shall and indemnify and defend the cityCity, its officers, employees, and agents from all causes of action, claims or liabilities occurring in connection with the permitted event, except those which occur due to the city's sole negligence. 5.44.080 Insurance. The following insurance shall be required in connection with the issuance of a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution: one million dollars commercial general liability insurance per occurrence combined single limits, two million dollars aggregate, unless waived by the city. Higher limits of insurance may be required dependent upon the size and/or possible impacts of an event and/or requirements of the city's insurance company. The city administrator or his or her designee is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written on an occurrence basisform, shall name the city as an additional insured using an endorsement at least as broad as ISO additional endorsement form CG 20 26, shall be written for a period not less than twenty-four (24) hours prior to the event and extending for a period not less than twenty-four (24) hours following the completion of the event, or for the entire period of set up and tear down, whichever is longer. The applicant shall provide the City and all additional insureds for this event with written notice of any policy cancellation within two (2) business days of their receipt of such notice.and shall contain a provision prohibiting cancellation of the policy, except upon thirty days written notice to the city. Formatted: Section Created: 2023-08-31 12:54:32 [EST] (Supp. No. 35) Page 6 of 7 5.44.090 Fees for city services. (a) Upon approval of an application for a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the city administrator shall provide the applicant with a statement of the estimated cost of providing city personnel and equipment, and the estimated cost of leasing city airport property if applicable. The applicant/sponsor of the event shall be required to prepay these estimated costs for city services and equipment and leased property ten (10) days prior to the special events. city City services and equipment may include the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating the equipment to provide such services. (b) If the actual cost for city services and equipment on the date(s) of the event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for city services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference. (c) Permit fees and fees for the use of city services and equipment may be waived in part or in full by the city if in review of the application it is found that the event is of sufficient public benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor and would not result in the private financial gain of any individual or "for profit" entity. 5.44.100 Cleanup deposits. The applicant/sponsor of an event not protected under the First and Fourteenth Amendments of the U.S. Constitution involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations or any other event likely to create a substantial need for a cleanup, may be required to provide a cleanup deposit prior to the issuance of a special event permit. The cleanup deposit may be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration. The cleanup deposit shall be applied toward the payment of the bill. 5.44.110 Revocation of permits. Any permit issued under this chapter may be summarily revoked by the city at any time when, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the city determines the safety of the public or property requires such immediate revocation. The city may also summarily revoke any permit issued pursuant to this chapter if the committee finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit or fails to comply with any condition of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in the application. 5.44.120 Violation—Penalty. (a) It shall be unlawful for any person to sponsor or conduct a special event requiring a special event permit pursuant to this chapter unless a valid permit has been issued and remains in effect for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has Created: 2023-08-31 12:54:32 [EST] (Supp. No. 35) Page 7 of 7 not been issued a required, valid permit or with knowledge that a once valid permit has expired or been revoked. (b) The special event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and conditions of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit or to continue with the event if the permit is revoked or expired. (c) Any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a penalty of a fine of not more than five hundred dollars or by imprisonment of not more than ninety days, or both such fine and imprisonment. 5.44.130 Savings clause. If any section, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. City of Arlington SPECIAL EVENT PERMIT REQUEST INSTRUCTIONS The success of your special event depends upon the planning and prepara�on that you do. It is our intent that your event be successful but that it does not significantly impact public facili�es and resources. This permit must be applied for no less than 60 days before the event. The following are the steps that you will need to take to acquire a Special Event Permit. 1. Contact the Administra�on office to see if the date is available for event facility requested at 360-403- 3448 or recrea�on@arlingtonwa.gov . Meet with the special events coordinator to provide informa�on about your event and be prepared to discuss what resources and assistance that you will need from the City of Arlington. Please be ready to address the poten�al applicable issues, such as traffic circula�on, trash collec�on and disposal, signage, restroom facili�es, parking, security, u�li�es, banners, and fire safety issues. The City will assist you in how to make the event a success. Make an appointment by calling 360-403-3448. 2. Return the applica�on and supplemental informa�on on the specific details of the event to the special events coordinator. This specifically includes insurance cer�ficate naming the City as addi�onal insured, hold-harmless agreements, site maps, banner designs, safety plan, insurance cer�ficate, and completed applica�on. The City must receive the applica�on at least 60 days prior to the event. Please allow for two weeks for the City to review your event. Atachments: Site Map: Use our map system to create your map- copy this link: htps://arlingtonwa.maps.arcgis.com/apps/webappviewer/index.html?id=414ee02ef0754d95bc0e8 3ebda458d7b . Click in the right corner of the mapping page to use the imaging base map tools. Safety Plan: It is necessary to be mindful of a safety plan for your event. For larger events, the minimum number of crowd managers shall be established at a ra�o of one (1) crowd manager for every 250 persons per the Interna�onal Fire Code. Crowd managers should be trained, uniformed, adult volunteers. Depending on the size and features of your event, you may be required to submit a formal Safety Plan. Public Rela�ons: Please state what efforts, if any, have occurred, or you intend to make, to no�fy residents or businesses that will likely be affected by your event. If permit is granted it will be the responsibility of event organizers to alert those likely to be impacted. (i.e. street closures, no parking zones, noise, etc.). Insurance: The types and amounts of insurance required shall be determined by the City and based on the risk exposure of the event (liability limit requirement will be at least $1,000,000 per occurrence), for all events not protected under the First and Fourteenth Amendments of the U.S. Cons�tu�on. A general liability insurance policy shall be writen on an occurrence form, shall name the City as an addi�onal insured using an endorsement at least as broad as ISO addi�onal endorsement form CG 20 26, shall be writen for a period not less than twenty-four hours prior to the event and extending for a period not less than twenty-four hours following the comple�on of the event, or for the en�re period of set up and tear down, whichever is longer. The applicant shall provide the City and all addi�onal insureds for this event with writen no�ce of any policy cancella�on within two business days of their receipt of such no�ce. 3. Review: All the affected City departments will review the en�re applica�on package, and changes to the event may be required. Addi�onal condi�ons may be placed on the permit as necessary to ensure the health, safety, and welfare of the public. It is your responsibility to know if there are any addi�onal permits that will be required for your event. The City will make every effort to assist you through this process. 4. 1st/14th Amendment Protected Events: Please indicate on the applica�on if you believe your event is protected by the 1st/14th Amendment, i.e., is your event involving poli�cal or religious ac�vity intended primarily for the communica�on or expression of ideas and is the event properly characterized as a demonstra�on, march, rally, vigil, sit-in, protest, picke�ng, or similar public assembly? 1st/14th Amendment events may not be located in the same place and at the same �me as other events on public property. 5. Camping: The chief of police or his or her designee is authorized to permit persons to camp, occupy camp facili�es, use camp paraphernalia, or store personal property in parks, streets, or any publicly owned parking lot or publicly owned area, improved or unimproved, in the city. Applica�ons for camping may be approved if the chief or his or her designee finds that: adequate sanitary facili�es are provided and accessible at or near the camp site; adequate trash receptacles and trash collec�on is to be provided; the camping ac�vity will not unreasonably disturb or interfere with the peace, comfort and repose of private property owners; and the camping ac�vity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. The chief of police or his or her designee is authorized to extend rules and regula�ons regarding the implementa�on and enforcement rela�ng to camping. Camping shall not be allowed for a period of �me in excess of seven calendar days. 6. Secure the addi�onal permits that are prerequisites to ataining this permit, such as food handler’s permits, supplemental electrical and water service permits, etc. 7. Tents and canopies: The City requires all tents and canopies to be properly secured. Please indicate on the applica�on if you will have tents and canopies and the City will provide instruc�ons. 8. You may be asked to appear before the Arlington City Council if your event is extraordinary. City Council approval is required on events that use public funds, or those that are closing a public street. If the permit applicant requests the City to provide extraordinary services or equipment or if the City otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the City a fee sufficient to reimburse the City for the costs of these services. This requirement shall not apply if the event is a 1st/14th Amendment event, or if it has been an�cipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred. If your permit is approved, you will be required to provide a security payment that will be used to ensure compliance with the permit. 9. Upon approval of an applica�on for a permit for a special event, not protected under the First and Fourteenth Amendments of the U.S. Cons�tu�on, the City will provide the applicant with a statement of the es�mated cost of providing City personnel and equipment. The applicant/organiza�on of the event could be required to prepay these es�mated costs for City services and equipment ten (10) days prior to the special event. City services and equipment may include the use of police officers and public employees for traffic and crowd control, pickup and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required City services and the cost of opera�ng the equipment to provide such services. Airport use fees apply to events held at the Arlington Airport. 10. The Administra�on office will issue your special event permit, if approved, within 2 weeks of the applica�on. You will be no�fied if your permit is not approved, or if condi�ons are required before approval. By con�nuing, you agree that you are willing to complete a digital version of the document(s) and that informa�on about your user session will be stored. CITY OF ARLINGTON SPECIAL EVENT PERMIT APPLICATION 238 N Olympic, Arlington WA 98223 Phone 360-403-3448 Fax 360-403-4605 Name of Applicant/Organization: __________________________________________________ Person with authority to sign this contact:___________________________________________ Phone: ____________________________ Cell phone: _________________________________ Mailing address:________________________________________________________________ Email address:_______________________________________________ Event on site contact person:______________________Cell phone:_______________________ Event Name________________________________________Event Date(s)____________ Fully describe type of activity planned (attach additional documents if necessary): Has this event occurred in the past? Yes ___ No ___ Public or Private Event?_______________ Do you believe your event is protected by the 1st/14th Amendment, is the event involving political or religious activity intended primarily for the communication or expression of ideas? Yes ___ No ___ Is your event properly characterized as a demonstration, march, rally, vigil, sit-in, protest, picketing or similar public assembly? Yes ___ No ___ Will participants pay a fee or make a donation? Yes ___ No ___ Date(s) of proposed event:_______________ Hours of operation: _________________ Set-up Date______ Time ___:___to__ :___ Dismantling Date______ Time ____:__to___:___ Number of Staff/Volunteers:_______________ Estimated number of participants at peak: _____ Total participants for entire event: ______ Event Location and public property requested to be used. Attach map with layout. ______________________________________________________________________________ Describe amount of traffic generated and special provisions to be used to manage it: ______________________________________________________________________________ Describe plan to manage litter and dispose of garbage: ______________________________________________________________________________ Describe measures to provide adequate sanitation facilities and plans for portable toilets/wash stations: ______________________________________________________________________________ _________ Describe how emergency service access will be accommodated, attach copy of safety plan: ______________________________________________________________________________ Please state what efforts you will take to notify residents or businesses that will be affected by event:________________________________________________________________________ Attach copies of brochures/posters advertising this event. Are you requesting: Painting on streets, sidewalks or trails (only non-permanent paint is allowed)? Yes ___ No ___ Amplified sound? Yes ___ No___ hours____________________ Tents and canopies? Yes ___ No ___ Larger than 10 x 20 feet Yes ___ No___ Inflatables (bouncy house)? Yes ___ No ___ provide insurance and L&I certification Amusement rides? Yes ___ No___ Beer or wine garden or alcohol service? Yes ___ No ___ Cooking/food services? Yes ___ No ___ Fire pits or fireworks? Yes ___ No___ specify_______________________________________ Animals? Yes___ No ___ Camping request? Yes ___ No ___ specify __________________________________________ Street closure(s)? Yes ___ No ___ specify___________________________________________ Parking lot closure? Yes ___ No ___ specify__________________________________________ Use of city power? Yes ____ No____ location________________________________________ Banners? Yes ___ No ___ location _________________________________________________ Request for Police services _______________________________________________________ Other request for city services_____________________________________________________ INSURANCE – The City of Arlington does not maintain insurance that will respond to claims against the Applicant/Organization in connection with the permitted event by the Applicant/Organization, its members, or those attending the event. Except for events considered 1st/14th Amendment Events, the Applicant/Organization is required to obtain occurrence based liability insurance in accordance with City policy, name the City of Arlington as an additional insured on the policy, and shall provide proof of such insurance two-weeks prior to the date of the event. After reviewing this application, the City of Arlington will determine the types and amounts of insurance required. HOLD HARMLESS – Applicant/Permittee/Organization shall defend, indemnify and hold harmless the City of Arlington, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the acts or omissions of the Applicant/Permittee/User, its employees, volunteers, representatives or vendors, or from any activity, work or thing done, permitted, or suffered by Applicant/Permittee/Organization, related to the permitted activity, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Arlington. This provision does not apply to events considered 1st/14th Amendment events. DATE: _______________________________________________________________________ SIGNATURE OF APPLICANT: _____________________________________________________ ORGANIZATION/TITLE:_________________________________________________________ (FOR OFFICIAL USE ONLY) PERMIT DETAINED/DENIED FOR THE FOLLOWING REASONS:____________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ RECOMMENDED APPROVAL WITH THE FOLLOWING CONDITIONS:_______________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Applicable fees ________________________________ $_______________ ________________________________ $_______________ ________________________________ $_______________ Proof of insurance and additional insured endorsement? YES___ NO ____ CITY REPRESENTATIVE:__________________________DATE:_______________________ City of Arlington Council Agenda Bill NB #3 Attachment October 2, 2023 Special Market Conditions Purchase of Surplus Snow Removal Equipment Resolution and Justification Memo DEPARTMENT OF ORIGIN Airport; Marty Wray, Operations Manager 360-403-3477 EXPENDITURES REQUESTED: Estimated cost $27,871.25 Operating Budget BUDGETED AMOUNT: Estimated cost $27,871.25 LEGAL REVIEW: DESCRIPTION: Airport staff is requesting that the City Council approve the purchase of surplus Airport Snow Removal Equipment (SRE) under special market conditions. Boeing Field Airport (KCIA) recently received a grant to purchase new snow removal equipment. KCIA is planning to surplus their current fleet of SRE. Airport and M&O staff recently inspected the equipment and vehicles and have identified and selected four pieces of equipment that would best serve Arlington Airport and the City of Arlington. This equipment is in good condition and will be more efficient to use in a snow event. The airport currently uses retrofitted snow removal equipment and does not have any SRE equipment. The efficiency that this equipment will in return provide will reduce the labor and vehicles needed during a snow event. This will allow personnel and vehicles to be deployed to other areas in the city during a snow event. Please see the attached justification memo for additional details. As mentioned above, the purchase of airport snow removal equipment will reduce the labor costs and vehicles that will be needed to remove snow during a snow event. Commercial SRE equipment will also significantly reduce the time needed to clear the Arlington Airport. ALTERNATIVES: RESOLUTION NO. 2023-XXX 1 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DECLARING THAT THE PURCHASE OF SURPLUS SNOW REMOVAL EQUIPMENT FOR THE ARLINGTON MUNICIPAL AIRPORT IS A PURCHASE INVOLVING SPECIAL MARKET CONDITIONS AND AUTHORIZING NEGOTIATION WITH THE SUPPLIER OF THE EQUIPMENT WHEREAS, the City of Arlington is obligated to follow competitive bidding statutes except in certain circumstances defined by state law when competitive bidding is not feasible or in the best interests of the city; and WHEREAS, when competitive bidding is not feasible or in the best interests of the City RCW 35.23.352 requires written findings to that effect; and WHEREAS, the City Council of the City of Arlington wishes to make written findings in support of its decision to purchase certain equipment subject to special market conditions; and WHEREAS, certain used snow removal equipment has been identified as available for sale that fits the specific needs of the City at a very favorable price and may be sold before the City could complete a formal bidding process; and WHEREAS, RCW 39.04.280(1) provides a “special facilities or market condition” exception from competitive bidding requirements for purchases of materials, supplies, or equipment; and WHEREAS, although the term “special facilities or market condition” is not defined in the statute, the Municipal Research and Services Center (MRSC) has opined that used equipment offered at a very favorable price combined with the risk it could be sold before a municipality has a chance to complete the bidding process constitutes a special market condition; and WHEREAS, City staff along with the concurrence of the City Attorney is requesting the City Council to invoke the “special market conditions” exception to competitive bidding to proceed with the purchase of the used snow removal equipment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. Findings. The City Council finds as follows: a) Currently the Arlington Airport has no Airport specific dedicated snow removal equipment. The equipment currently utilized does not meet demands of Airport Snow Removal efforts given increasing snow events in the region. RESOLUTION NO. 2023-XXX 2 b) The Surplus equipment is located in Seattle and as such has significantly reduced shipping and logistical costs. c) This equipment, while older, has significantly lower times and usage per unit vs typical type and condition. This type has been the standard of the industry for years and has proven to be very durable and reliable. d) The equipment has been inspected by Airport and M&O staff and found to be viable and in remarkable condition vs comparable equipment in the USA market. e) The equipment would provide a significant savings in labor hours during snow events. f) The equipment represents significantly lower costs and use times (wear and tear) and better condition overall than comparable equipment available or recently sold or surplused. 2. Based on the foregoing findings, the City Council hereby declares that the proposed purchase of the Surplus Snow Removal Equipment is a purchase involving special market conditions within the meaning of RCW 39.04.280 and the City’s financial policies. Pursuant to RCW 39.04.280(1)(b) competitive bidding shall be waived and City staff is hereby authorized to negotiate with King County International Airport, for the purchase of the equipment at the estimated total cost of $27,871.25. APPROVED by the Mayor and City Council of the City of Arlington this _____ day of ____________________, 2023. CITY OF ARLINGTON ___________________________________ Barbara Tolbert, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 TO: Arlington City Council FROM: Marty Wray DATE: September 18, 2023 SUBJECT: Special Market Conditions Surplus SRE Equipment Justification Boeing Field (KCIA) received a grant for snow removal equipment (something we aren’t eligible for as we are not a FAA part 139 airport) and is to surplus much of their current fleet of Snow Removal Equipment (SRE). Airport and M&O staff recently inspected the equipment and vehicles at KCIA and have identified and selected four pieces of equipment that would best serve Arlington Airport and the City of Arlington for Snow Removal Operations. The equipment is in very good condition given the age as most equipment of this type are used at international airports in very snowy locations and BFI typically is not. However, recent trends in snow events have deemed it necessary for Airports in the Pacific Northwest to upgrade their efforts and equipment. This equipment, while older, has significantly lower times and usage per unit vs typical type and condition. This type has been the standard of the industry for years and has proven to be very durable. We currently have no airport specific SRE at AWO. We use vehicles that get retrofitted for snow removal and as such are not as practical or effective comparatively for Airport use. While we certainly can expect additional vehicle maintenance due to adding additional equipment to the Airport fleet, the labor savings and efficiency this equipment provides will be a game changer in snow operations for both the Airport and the city with reduction of labor per snow event and number of vehicles needed to clear the Airport. Residual equipment currently used at the Airport could be utilized elsewhere. Commercial SRE like the equipment being discussed drastically reduces time clearing Airports and less equipment and staffing are needed. I don’t foresee a time when AWO will be able to purchase this type of equipment new. Replacement values are in the 100’s of thousands of dollars per unit. Because of the specific nature of this SRE, and the lack of viability to move it long distances over land vs costs, the Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 potential marketplace for surplus equipment of this type is small in the region. Subsequently, this provides a unique opportunity that probably won’t be available to us for years to come. Comparable Recent Market Sales: 1990 Oshkosh WT2206 Milage 27,524 Fargo ND. Sold $10,560.00 1984 Oshkosh WT2206 Milage 60,359 Hastings NE. Sold $4,400.00 1982 Oshkosh P-2330 Milage (Refurbished) Marshall MN. Sold $55,850.00 1988 Oshkosh W-700-15-R Milage (n/a) 4,256 hours Mitchell SD Sold $20,900.00 Fig 1 There’s additional tax towards purchase price (see detail fig 1) and there’ll be transportation of the equipment from BFI to AWO and total estimate is below: T52 $2,500.00 plus tax (10.55% including the 3% rolling stock tax) T53 $5,000.00 plus tax (10.55% including the 3% rolling stock tax) T54 $5,000.00 plus tax (10.55% including the 3% rolling stock tax) T55 $5,000.00 plus tax (10.55% including the 3% rolling stock tax) Total Cost Equipment/Vehicles: $17,500.00 13.55% Tax $2,371.25 Estimated Delivery Shipping of Vehicles/Equipment From KCIA to AWO $8,000.00 Total: $27,871.25 Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 Fig 02, 03 T-54 Fig 04, 05 T-53 Arlington Municipal Airport ---------------------------------------------------------------------------- 18204 59th Avenue Arlington, WA 98223 Fig 06,07 T-52 Fig 08,09 T-55