Loading...
HomeMy WebLinkAbout05-18-20 Revised 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. To join meeting, click here. Meeting ID: 876 7439 4482 Password: 6587456 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Ashleigh APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS Police Week – Council Liaison Jesica Stickles ATTACHMENT A EMS Week – Council Liaison Marilyn Oertle ATTACHMENT B 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 Jesica Stickles 1. Minutes of the May 4 and May 11, 2020 Council meetings ATTACHMENT C 2. Accounts Payable 3. Haller Splash Pad Project Close-out and Acceptance ATTACHMENT D 4. 2019 Utility Pavement Preservation Close out and Acceptance ATTACHMENT E PUBLIC HEARING NEW BUSINESS 1. Appointments to Parks, Arts and Recreation Commission (PARC) ATTACHMENT F Staff Presentation: Sarah Lopez Council Liaison: Marilyn Oertle Arlington City Council Meeting Monday, May 18, 2020 at 7:00 pm City Council Chambers – 110 E Third 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. 2. Waste Management Business and Occupation Tax Rate Increase ATTACHMENT G Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 3. Ordinance and Proposed Revisions to AMC Title 15.16 Regarding Fireworks ATTACHMENT H Staff Presentation: Paul Ellis Council Liaison: Marilyn Oertle COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert PROCLAMATION POLICE WEEK WHEREAS, the Congress and President of the United States have designated May 10 through May 16, 2020 as Police Week; and WHEREAS, the International Association of Chiefs of Police has declared law enforcement officer safety and wellness a top priority, and the IACP's Center for Officer Safety and Wellness promotes the importance of individual, agency, family, and community safety and wellness awareness; and WHEREAS, the members of the Arlington Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Arlington; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department, and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the police department of Arlington has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; NOW, THEREFORE, I, Barbara Tolbert call upon all citizens of Arlington and upon all patriotic, civil and educational organizations to observe the week of May 10-16, 2020, as POLICE WEEK with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. _________________________________ Barbara Tolbert, Mayor Proclamation EMS Week WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services has grown to fill a gap by providing important, out of hospital care, including preventative medicine, follow-up care, and access to telemedicine; and WHEREAS, the emergency medical services system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week. NOW THEREFORE, I, Barbara Tolbert, Mayor, in recognition of this event, do hereby proclaim the week of May 17-23, 2020, as EMERGENCY MEDICAL SERVICES WEEK in the City of Arlington. With the theme, Ready Today, Preparing for Tomorrow, I encourage the community to observe this week with appropriate programs, ceremonies and activities. _________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third Street May 4, 2020 Councilmembers Present Remotely: Mike Hopson, Michele Blythe, Jan Schuette, Marilyn Oertle, Jesica Stickles, Debora Nelson, and Don Vanney. Council Members Absent: None. Staff Present Remotely: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, Bryan Terry, Marc Hayes, Marty Wray, Lorene Robinson, Jonathan Ventura, Jim Kelly, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Twenty YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles moved to approve the agenda as presented. Councilmember Jan Schuette seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT None. CONSENT AGENDA Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1.Minutes of the April 20 and April 27, 2020 Council meetings2.Accounts Payable: Claims Checks #99559 through #99639 dated April 21, 2020through May 4, 2020 for $690,334.41. PUBLIC HEARING None. Minutes of the Arlington City Council Zoom Meeting Minutes of the City of Arlington City Council Meeting May 4, 2020 Page 2 of 4 NEW BUSINESS Appointment to Civil Service Commission Administrative Services Director James Trefry reviewed Holly Sloan-Buchanan’s application to the Civil Service Commission. Positions on the Civil Service Commission are appointed by the Mayor, and a motion from Council is not required. Professional Services Agreement with Dowl, LLC for Construction Management Services for 2020 Airport Improvements Project Airport Operations Manager Marty Wray and Airport Operations Specialist Lorene Robinson requested Council approve the 2020 Airport Improvements Projects Construction Management Professional Services Agreement with Dowl Engineering and the resolution rejecting all bids received for the 2020 Airport Improvements Project. Councilmember Michele Blythe moved and Councilmember Marilyn Oertle seconded the motion to approve the 2020 Airport Improvements Projects Construction Management Professional Services Agreement with Dowl Engineering in the amount not to exceed $242,035.00, and authorize the Mayor to sign the agreement. The motion passed unanimously; and Councilmember Michele Blythe moved and Councilmember Marilyn Oertle seconded the motion to approve the resolution rejecting all bids received for the 2020 Airport Improvements Project and direct staff to re-bid the project. The motion passed unanimously. Amendment to the Contract with Murraysmith for Cascade Industrial Center Project Public Works Director Jim Kelly reviewed Amendment #1 to the Murraysmith South Cascade Industrial Center (CIC) Utilities Professional Services Agreement (PSA) for infrastructure design and preparation of construction documents to support the 51st Ave Urban Village. Councilmember Debora Nelson moved and Councilmember Marilyn Oertle seconded the motion to approve Amendment #1 to the Murraysmith CIC contract, and authorize the Mayor to sign the contract, pending final approval by the City Attorney. Discussion followed regarding the form of the motion. Councilmember Debora Nelson amended the motion to include the dollar amount of $138,611.00. Councilmember Marilyn Oertle seconded the motion. The motion passed unanimously. Contract with Perteet, Inc. to update the 173rd Street Phase 1 Design Public Works Director Jim Kelly reviewed the contract with Perteet, Inc. to update the design package for the 173rd St Phase 1 design. Councilmember Jan Schuette moved and Councilmember Debora Nelson seconded the motion to approve the contract with Perteet, Inc. to update the design of the 173rd Street Phase 1 project, and authorized the Mayor to sign the contract, pending final approval by the City Attorney. Minutes of the City of Arlington City Council Meeting May 4, 2020 Page 3 of 4 Ordinance to Extend Land Use Deadlines due to COVID-19 Community and Economic Development Director Marc Hayes reviewed the interim ordinance, which is in response to the Stay Home, Stay Healthy order from the Governor to temporarily postpone the expiration dates of development permits for an additional six months. Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion I move to approve the interim ordinance in response to the COVID-19 pandemic regarding land use actions and deadlines and declaring an emergency, and authorized the Mayor to sign the ordinance. The motion passed unanimously. Ordinance Amending Certain Sections of the Arlington Municipal Code Chapter 20.64 Relating to Floodplain Regulations and Declaring an Emergency Community and Economic Development Director Marc Hayes reviewed the emergency ordinance allows Council to adopt the required revisions outside of the typical process of a Public Hearing, per AMC 20.96.120(b). The ordinance is however, required to be heard at a public hearing within 6 months of its adoption. Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the emergency ordinance, amending sections of Arlington Municipal Code, Chapter 20.64-Floodplain Development Regulations, and authorized the Mayor to sign the ordinance, subject to final review by the City Attorney as to form. The motion passed unanimously. Ordinances to Update Code Enforcement Processes City Attorney Steve Peiffle reviewed an ordinance adopting AMC Chapter 11.02 and repealing AMC Chapter 11.01; and an ordinance adopting new Title 7 re: nuisances. Mayor Pro Tem Jesica Stickles moved and Councilmember Marilyn Oertle seconded the motion to approve the ordinance adopting Title 7 of the Arlington Municipal Code regarding nuisances, and the ordinance adopting a new Chapter 11.02, and repealing Chapter 11.01 of the Arlington Municipal Code regarding enforcement procedures, and authorized the Mayor to sign the ordinances. The motion passed unanimously. Camera System for Council Chambers IT Director Bryan Terry reviewed a budget amendment request to purchase cameras and equipment to live stream/broadcast public meetings online and to Comcast TV21. Mayor Pro Tem Jesica Stickles moved and Councilmember Michele Blythe seconded the motion approve the budget amendment for the purchase of cameras and equipment to live stream/broadcast public meetings, in an amount not to exceed $20,000. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS Councilmember Don Vanney asked if the Mayor and local economic task force have met since the last Council meeting. The Mayor indicated that the next meeting will be Friday. Meetings are every two weeks. She has met with two different county groups, as well. Everyone seems to be moving in the right direction to keep their employees and customers safe. Now that Minutes of the City of Arlington City Council Meeting May 4, 2020 Page 4 of 4 there is a Phased Plan, businesses now know which group they are in and when and how they will reopen. The Governor has not provided a timeline yet. Councilmember Schuette asked if Councilmembers may meet one on one with the Mayor and Paul. The Mayor said that is possible as long as social distancing is observed. Councilmember Mike Hopson brought forward two resolutions regarding the COVID-19 pandemic he would like to be discussed at next week’s workshop. Discussion followed with Mayor Tolbert and City Administrator Paul Ellis answering questions. Councilmember Michele Blythe asked whether Arlington has a small business grant program like the City of Marysville. The Mayor indicated that Arlington is not a large enough City to receive community block grant funding. Only Everett and Marysville qualify in Snohomish County. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis spoke of Governor Inslee’s phased approach to reopen businesses. He and the Directors met remotely today to discuss how the city will insure that the services provided will be ready and will keep employees and the community safe. MAYOR’S REPORT EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:44 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third Street May 11, 2020 Councilmembers Present Remotely: Mike Hopson, Marilyn Oertle, Debora Nelson, Jan Schuette, Jesica Stickles and Michele Blythe. Council Members Absent: Don Vanney, excused. Staff Present Remotely: Mayor Barb Tolbert, Paul Ellis, James Trefry, Kristin Garcia, Bryan Terry, Tony Orr, Jonathan Ventura, Dave Kraski, Sarah Lopez, Jim Kelly, City Attorney Steve Peiffle, and Ashleigh Scott. Also Known to be Present Remotely: Terrie Battuello and Lisa Lefeber from the Port of Everett, and 24 YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles 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 CEO Lisa Lefeber gave a Port of Everett update. WORKSHOP ITEMS – NO ACTION WAS TAKEN Appointments to Parks, Arts and Recreation Commission (PARC) Community Revitalization Project Manager Sarah Lopez discussed two positions that had termed. Both had reapplied for the new terms which run from April 1, 2020 through April 1, 2024. The interview committee also met and deliberated three applicants on April 30, 2020, and are recommending Jennifer Harrington, due to a vacancy from a Commission Member who moved outside of Arlington city limits. The Parks, Arts, and Recreation Committee (PARC) serves as an advisory commission to the Mayor and City Council with respect to Parks, Arts and Recreation facilities and programs within the City, as well as changes, expansions or new acquisitions of both facilities and programs. The Commission also serves as the Tree Board. Terms for the seven members are four years (staggered). Discussion followed with Councilmembers agreeing with the recommendations presented by Sarah Lopez. Minutes of the Arlington Zoom City Council Workshop Minutes of the City of Arlington City Council Workshop May 11, 2020 Page 2 of 4 Haller Splash Pad Project Close Out Public Works Director Jim Kelly reviewed the project close out for Haller Park’s Splash Pad that was completed by Reece Construction Company, Inc. Following a competitive bid, Reece Construction Company was awarded the Haller Splash Pad Project. The City entered into a contract with Reece in August of 2018 and the project was deemed fully complete in November of 2019. Project Breakdown: Base Big Price: $ 705,496.50 Change Orders: $ 56,312.57 Unbilled Portion: $ 0.00 Sales Tax: $ 69,415.17 Final Contract Cost: $ 831,224.24 Discussion followed with further questions regarding the sales tax and how it was calculated, along with more clarification on the close out process. 2019 Utility & Pavement Preservation (UPP) Project Close Out Public Works Director Jim Kelly reviewed the project close out for the 2019 UPP Project that was completed by Reece Construction Company, Inc. Following a competitive big, Reece Construction Company was awarded the 2019 Utility & Pavement Preservation Project. The City entered into a contract with Reece in May of 2019 and the project was deemed fully complete in December of 2019. Project Breakdown: Base Big Price: $ 1,742,831.50 Change Orders: $ 84,186.56 Unbilled Portion: $ (56,793.36) Sales Tax: $ 71,389.88 Final Contract Cost: $ 1,841,614.58 Discussion followed with further questions regarding the difference between the change orders and the unbilled portion of the breakdown. Waste Management Northwest Rate Adjustment Due to Business and Occupation Tax Increase Public Works Director Jim Kelly reviewed the proposed rate adjustment to the Arlington – Waste Management Franchise Agreement due to the recent Business and Occupation (B&O) Tax increases passed by the Washington State Legislature. The City of Arlington has a franchise agreement with Waste Management (WM) for refuse collection and residential recycling/composting within the city limits. Effective April 1, 2020, the Washington State Legislature pass SB 6492-201-20, increasing the B&O Tax rate from 1.5% to 1.75% assessed on businesses operating in the State of Washington. The franchise agreement allows WM to request an adjustment due to increased expenses Minutes of the City of Arlington City Council Workshop May 11, 2020 Page 3 of 4 associated with any change in state law. WM is requesting the City approve the attached rate adjustment effective June 1, 2020, due to the recent B&O Tax increase. Proposed Revisions to Arlington Municipal Code Title 15.16 Regarding Fireworks City Administrator Paul Ellis reviewed a proposed amendment to the Arlington Municipal Code (AMC) banning consumer fireworks. State law requires a 365 day period prior to the proposed ban’s effective date. A Resolution was approved by the City Council on August 5, 2019, requesting an advisory vote be added on the November 5, 2019 ballot seeking citizen input regarding the banning of the possession, sale and discharge of fireworks except for state regulated public displays of fireworks within the City of Arlington. The advisory measure passed 50.70%. This would not take effect until after July 4, 2020. Discussion followed with Councilmembers sharing conversations they have had with Arlington residents regarding discharging of fireworks before the 4th of July holiday and lasting until after the holiday is over, the garbage not being cleaned up, illegal fireworks being discharged, safety of community pets, and the fear of property damage. Resolution Establishing a Moratorium on Evictions City Administrator Paul Ellis reviewed a proposed Resolution establishing a moratorium on small business and nonprofit organization evictions in Arlington due to nonpayment of rent or the expiration of existing leases during the Washington State COVID-10 Emergency Orders and one hundred twenty (120) days thereafter. Through a series of actions taken by WA State to help slow the spread of the COVID-19 virus throughout the state, most notably the order to close all non-essential businesses and projects, numerous businesses and residents of Arlington have suffered and will continue to suffer significant financial damages. Such damages include loss of business income, layoffs, and reduced hours for a significant percentage of the workforce. As a result of this, many Arlington business owners and working families are enduring constant worry and even fear that are increasingly difficult to bear. Because the City Council is charged with promoting the common good, it is right and proper for it to take appropriate measures to do what it can to ease this burden. Therefore in accordance with the lead set by Governor Inslee, this moratorium on evictions is intended to provide small businesses and nonprofit organizations some relief during this unprecedented public health and economic emergency. Discussion followed, but Councilmembers chose not to bring this forward at the May 18 meeting. Resolution Authorizing the City Administrator to Allocate Emergency Funds City Administrator Paul Ellis, reviewed a proposed Resolution authorizing the City Administrator to allocate emergency End of Balance Funds to the Arlington Community Resource Center, the Arlington Food Bank, and the Social Services Flex Fund, as required. Minutes of the City of Arlington City Council Workshop May 11, 2020 Page 4 of 4 Among those most hurt by the COVID-19 pandemic emergency in Arlington are those individuals who need food and shelter, behavioral health and domestic violence services, and other critical human services. The Resolution will help to address those needs. The Resolution authorizes the City Administrator to provide grant amounts upon request from each such agency to help with budget challenges and increased caseload faced by the agencies. Discussion followed, but Councilmembers chose not to bring this forward at the May 18 meeting. Instead, it will be discussed at the upcoming budget retreat. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT None. COMMENTS FROM COUNCILMEMBERS None. COUNCILMEMBER REPORTS Nothing to report this evening. PUBLIC COMMENT None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Council discussed and agreed to place the following items on the Consent Agenda for the May 18, 2020 Council meeting: 2. Haller Splash Pad Project Close Out 3. 2019 Utility & Pavement Preservation (UPP) Project Close Out EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:32 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment D COUNCIL MEETING DATE: May 18, 2020 SUBJECT: Haller Splash Pad Project Close Out ATTACHMENTS: Project Acceptance Letter DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director – 360-403-3505 EXPENDITURES REQUESTED: None BUDGET CATEGORY: Park Improvement Fund, Donation, and Grants BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Council is being asked to approve Final Acceptance of the Haller Park Splash Pad Project that was completed by Reece Construction Company, Inc. HISTORY: Following a competitive bid, Reece Construction Company was awarded the Haller Splash Pad Project. The City entered into contract with Reece in August of 2018 and the project was deemed fully complete to the satisfaction of the City and in accordance with the terms of the contract in November of 2019. A summary of the construction costs is as follows: Base Bid Price: $ 705,496.50 Change Orders: $ 56,312.57 Unbilled Portion: $ 0.00 ALTERNATIVES: Remand to staff for further consideration Do not accept project completion RECOMMENDED MOTION: I move to approve the Project Close Out of the Haller Park Splash Pad Project contract with Reece Construction, Inc. in the amount of $ 831,224.24, and authorize the Mayor to sign the Letter of Acceptance, pending final review by the City Attorney. City Of Arlington Public Works Department 154 W. Cox  Arlington, WA 98223  360-403-3526 DATE: May 18, 2020 TO: Mayor Tolbert and Arlington City Council FROM: James X. Kelly, Public Works Director SUBJECT: PROJECT ACCEPTANCE Haller Park Splash Pad Project No. P02.427.0 Staff has certified the construction performed by Reece Construction Company, Inc. as complete and in compliance with the terms of the construction contract as awarded by the City Council. The final accounting of the cost of the 2019 project is as follows: Contract Award Amount $ 705,496.50 Change Orders $ 56,312.57 Over-runs/Under-runs $__________ Sales Tax $ 69,415.17 Final Contract Cost $ 831,224.24 Staff recommends official acceptance by the City. If you concur, please sign below: On behalf of the City of Arlington, I accept the construction performed under the contract award by the Arlington City Council for Haller Park Splash Pad Project . Mayor Barbara Tolbert Date cc: City Council Kristin Garcia, Finance Director City of Arlington Council Agenda Bill Item: CA #4 Attachment ECOUNCIL MEETING DATE: May 18, 2020 SUBJECT: 2019 Utility & Pavement Preservation (UPP) Project Close Out ATTACHMENTS: Project Acceptance Letter DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director – 360-403-3505 EXPENDITURES REQUESTED: None BUDGET CATEGORY: Water Capital Funds and Trans Benefit District BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Council is being asked to approve Final Acceptance of the 2019 UPP Project that was completed by Reece Construction Company, Inc. HISTORY: Following a competitive bid, Reece Construction Company was awarded the 2019 Utility & Pavement Preservation Project. The City entered into contract with Reece in May of 2019 and the project was deemed fully complete to the satisfaction of the City and in accordance with the terms of the contract in December of 2019. A summary of the construction costs is as follows: Base Bid Price: $ 1,742,831.50 Change Orders: $ 84, 186.56 Unbilled Portion: $ (56,793.36) ALTERNATIVES: Remand to staff for further consideration Do not accept project completion RECOMMENDED MOTION: I move to approve the Project Close Out of the 2019 Utility & Pavement Preservation Project contract with Reece Construction, Inc., in the amount of $1,841,614.58, and authorize the Mayor to sign the Letter of Acceptance, pending final review by the City Attorney. City Of Arlington Public Works Department 154 W. Cox  Arlington, WA 98223  360-403-3526 DATE: May 18, 2020 TO: Mayor Tolbert and Arlington City Council FROM: James X. Kelly, Public Works Director SUBJECT: PROJECT ACCEPTANCE 2019 Utility and Pavement Preservation Project No. P02.437.2 Staff has certified the construction performed by Reece Construction Company, Inc. as complete and in compliance with the terms of the construction contract as awarded by the City Council. The final accounting of the cost of the 2019 project is as follows: Contract Award Amount $ 1,742,831.50 Change Orders $ 84,186.56 Over-runs/Under-runs $ (56,793.36) Sales Tax $ 71,389.88 Final Contract Cost $ 1,841,614.58 Staff recommends official acceptance by the City. If you concur, please sign below: On behalf of the City of Arlington, I accept the construction performed under the contract award by the Arlington City Council for 2019 Utility and Pavement Preservation Project . Mayor Barbara Tolbert Date cc: City Council Kristin Garcia, Finance Director City of Arlington Council Agenda Bill Item: NB #1 Attachment F COUNCIL MEETING DATE: May 18, 2020 SUBJECT: Appointment and reappointments to Parks, Arts, and Recreation Commission ATTACHMENTS: Redacted applications of Brittany Kleinman, Jennifer Egger and Jennifer Harrington DEPARTMENT OF ORIGIN Administration; Sarah Lopez – 360-403-3448 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Terms expired for Brittany Kleinman and Jennifer Egger’s positions. Both have reapplied for positions on Park, Arts and Recreation Commission. New terms are April 1, 2020 - April 1, 2024. There became a vacancy when PARC Commission Member Jessica Ronhaar moved outside Arlington city Brittany Kleinman ✔ 4/17/2020 (Attach page for additional space) I have served the last 8 years on the Parks, Arts and Recreation Commission and hope to continue for another term. Being a long time resident of Arlington, and active volunteer in our community, and a parent of kids who love our public spaces, I know first had the benefits of a strong parks and recreation system for our community as well as the enrichment our public art brings to the citizens and visitors. I hope to continue the work that I have had the opportunity to be part of the last 8 years. Lodging Tax applicants must attach a letter of support from the organization they are representing. Jennifer Egger ✔ (Attach page for additional space) I have served on the PARC board for four years. I have also served the community through working at the Chamber of Commerce and volunteering with the Downtown Arlington Business Association. I have assisted with multiple events and activities in Arlington for many years. Serving on PARC has been a great way to help contribute to the community. Lodging Tax applicants must attach a letter of support from the organization they are representing. Jenni Harrington ✔ ✔✔ 08/21/2019 (Attach page for additional space) I currently work at Boeing in Everett as an Employee Amenities Specialist and work to deliver our amazing and diverse Well Being Programs and events. I have been with Boeing for almost 13 years. Being part of a community is my passion. Everyday I strive to be part of the community with my fellow employees at Boeing, and the city of Everett where I work, as well as the city in which I live, which is downtown Arlington! I have participated in the monthly Everett Transportation Advisory Committee as a civilian. I am a certified Employee Transportation Coordinator with Community Transit as well as sit on their Peer Advisory Board and my roll is to encourage our Boeing employees to find alternate forms of commuting in order to help alleviate traffic and make our area, as a whole more, desirable. I absolutely love the city of Arlington! I love how the city of Arlington has done an amazing job in creating a very family oriented and active culture with all the trails, parks and events. I would love to be part of continuing to make this city an even more desirable city in which to live and visit! Lodging Tax applicants must attach a letter of support from the organization they are representing. City of Arlington Council Agenda Bill Item: NB #2 Attachment G COUNCIL MEETING DATE: May 18, 2020 SUBJECT: Waste Management Northwest Rate Adjustment Due to Business and Occupation Tax Increase ATTACHMENTS: Waste Management Proposed Rate Adjustment Letter DEPARTMENT OF ORIGIN Public Works; Jim Kelly Director – 360-403-3505 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Approval of proposed rate adjustment to the Arlington – Waste Management Franchise Agreement due to the recent Business and Occupation (B&O) Tax increase passed by the Washington State Legislature HISTORY: The City of Arlington has a franchise agreement with Waste Management (WM) for refuse collection and residential recycling/composting within city limits. Effective April 1, 2020, the Washington State Legislature passed SB 6492-201-20, increasing the Business and Occupation (B&O) tax rate from 1.5% to 1.75% assessed on businesses operating in the State of Washington. The franchise agreement allows WM to request an adjustment due to increased expenses associated with any change in state law. WM is City of Arlington Council Agenda Bill Item: NB #3 Attachment H COUNCIL MEETING DATE: May 18, 2020 SUBJECT: Proposed Revisions to AMC Title 15.16 Regarding Fireworks ATTACHMENTS: Ordinance; Proposed Revision to AMC Title 15.16 (Fireworks) redlined and clean versions; Election Summary Report DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator – 360-403-4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Attached is a proposed amendment to the Arlington Municipal Code banning consumer fireworks. State law requires a 365-day period prior to the proposed ban’s effective date. This will not take effect until one year after its adoption under state law. HISTORY: A resolution was approved by the City Council on August 5, 2019, requesting an advisory vote be added on the November 5, 2019 ballot seeking citizen input regarding the banning of the possession, sale and discharge of fireworks except for state regulated public displays of fireworks within the City of Arlington. ORDINANCE NO. 2020-XXX 1 ORDINANCE NO. 2020--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND REPEALING CERTAIN SECTIONS OF THE ARLINGTON MUNICIPAL CODE CHAPTER 15.16 PERTAINING TO FIREWORKS WHEREAS, state law and the municipal code currently permit the possession and use of many consumer fireworks; and WHEREAS, for many years the city and its elected officials have received numerous complaints regarding the discharge of both legal and illegal fireworks; and WHEREAS, the complaints include complaints about excessive noise, fire hazards, cleaup and safety risks created by the discharge of fireworks; and WHEREAS, on August 5, 2019, the City Council adopted Resolution 2019-015 requesting the Snohomish County Auditor to place the following proposition on the November 2019 ballot as an advisory measure: Should the City Council of Arlington ban the possession, sale and discharge of all fireworks within the City of Arlington? WHEREAS, on November 5, 2019, Proposition 1 appeared on the ballot and was approved by voters with 50.7% voting in favor of the measure; and WHEREAS, the Council believes that prohibiting fireworks would enhance the health, safety, and welfare of the public; and WHEREAS, chapter 70.77 RCW authorizes cities to adopt fireworks ordinances that are more restrictive than state law, but such ordinances may only become effective one year after their adoption; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: Section 1. Arlington Municipal Code section 15.16.010 shall be and hereby is amended to read as follows: 15.16.010 - Intent. It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be ORDINANCE NO. 2020-XXX 2 especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor will be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. Section 2. Arlington Municipal Code section 15.16.030 shall be and hereby is amended to read as follows: 15.16.030 - Definitions. The definitions of chapter 70.77 RCW, as now enacted or subsequently amended, are adopted by reference and shall govern the construction of this chapter, when applicable. Section 3. Arlington Municipal Code section 15.16.040 shall be and hereby is amended to read as follows: 15.16.040 - Possession, use and discharge of fireworks unlawful. A. It is unlawful for any person to possess, use, sell, transfer, discharge, ignite, or explode any fireworks within the city; provided that this prohibition shall not apply to the following activities, when authorized by a state license and city permit: 1. Duly authorized public displays, as provided in chapter 70.77 RCW; and 2. Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311, and authorized by the Arlington fire marshal. B. Trick and novelty devices, as defined by state law, are not fireworks for the purposes of this chapter. C. This chapter does not prohibit the use of torpedoes, flares, or fuses by motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. Section 4. Arlington Municipal Code section 15.16.050 shall be and hereby is amended to read as follows: 15.16.050 - Public displays, when permitted. It is unlawful for any person to hold, conduct or engage in a public display of ORDINANCE NO. 2020-XXX 3 fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. Section 5. Arlington Municipal Code section 15.16.060 shall be and hereby is amended to read as follows: 15.16.060 - Public display permit—applications, permits. A person desiring to make a public display of fireworks shall apply in writing for a permit to hold, conduct or operate a public display of fireworks to the Arlington fire marshal at least sixty (60) days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display. Applicants shall pay permit fees as required by the city fee resolution. The application must include: (1) a copy of the applicant's Washington state pyrotechnic operator license (or the pyrotechnic operator license of the applicant's employee who will conduct the public display); (2) evidence of a bond issued by an authorized surety or a certificate of public liability insurance; (3) a drawing showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius; (4) the exact location, date and time of the proposed display; and (5) the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display. The fire marshal shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. The fire marshal may grant a permit, deny the same, or impose other requirements on the applicant as needed to protect the public safety. Section 6. Arlington Municipal Code section 15.16.070 shall be and hereby is amended to read as follows: 15.16.070 - Public display permits--transfer . Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. Section 7. Arlington Municipal Code section 15.16.080 shall be and hereby is amended ORDINANCE NO. 2020-XXX 4 to read as follows: 15.16.080 - Violation penalties. A. Any person possessing, using, discharging, igniting, or exploding any consumer firework in violation of this chapter has committed a civil infraction. 1. For a period of 365 days after the effective date of this ordinance, a violation of this subsection shall be a class 3 civil infraction. 2. For the period beginning on the 366th day after the effective date of this ordinance until the 730th day after the effective date of this ordinance, a violation of this subsection shall be a class 2 civil infraction. 3. Beginning on the 731st day after the effective date of this ordinance, a violation of this subsection shall be a class 1 civil infraction. 4. The penalties and assessments for each class of infraction shall be as set by state law. Base penalties shall be as set forth in RCW 7.80.120 as now enacted or subsequently amended. Public Safety and Education Assessments shall be as set forth in RCW 3.62.090 as now enacted or subsequently amended. The base penalty amounts and Public Safety and Education Assessments at the time of the adoption of this ordinance are shown in the table below. The table is for illustrative purposes only and the amount of the base fine and the Public Safety and Education Assessments shall be as provided by state law. per RCW 7.80.120 Safety and Education Assessment per RCW Safety and Education Assessment per RCW Fine B. Any person selling or transferring any consumer firework in violation of this chapter is guilty of a misdemeanor. C. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any display firework in violation of this chapter is guilty of a gross misdemeanor. D. Any person possessing, using, selling, transferring, discharging, igniting, or ORDINANCE NO. 2020-XXX 5 exploding any dangerous firework, as defined by state law, is guilty of a gross misdemeanor. E. Any fireworks that are possessed or used in violation of this chapter may be confiscated. Section 8. Arlington Municipal Code sections 15.16.090 through 15.16.150 shall be and hereby are repealed. Section 9. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 10. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force one year after publication pursuant to RCW 70.77.250(4). PASSED BY the City Council and APPROVED by the Mayor this _____ day of May, 2020. CITY OF ARLINGTON __________________________________ Barbara Tolbert, Mayor Attest: ________________________________________ Wendy Van Der Meersche City Clerk Approved as to form: _______________________________________ Steven J. Peiffle City Attorney Chapter 15.16 - FIREWORKS[2] 15.16.010 - Intent. It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially p rotected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor will be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. It is the intent of this chapter to amend the city's fireworks regulations to bring them into compliance with the recently adopted state fireworks regulations. This chapter amends the city's fireworks regulations to comply with Chapter 70.77 RCW, as amended by Chapter 370, Laws of 2002. This provides a procedure for the granting of licenses, and the possession, sale and discharge of approved fireworks, classified as such by the state fire marshal, and not to permit the possession, sale, or use of any other fireworks classified as dangerous fireworks by the State Fireworks Law, or otherwise prohibited by the ordinance of the city. 15.16.020 - Title. This chapter will be known and cited as the "Fireworks Ordinance of the City of Arlington." 15.16.030 - Definitions. The definitions of chapter 70.77 RCW, as now enacted or subsequently amended, are adopted by reference and shall govern the construction of this chapter, when applicable. For the purpose of this chapter, the following words will have the following meanings: (a) "Agricultural and wildlife fireworks" includes fire-works devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or an equivalent state or local governmental agency. (b) "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight and limits for consumer fireworks but which are not labeled as such and which are classified as UNO431 or UNO432 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this ordinance. (c) "Consumer fireworks" means any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, a nd labeling regulations of the United States Consumer Product Safety Commission, as set forth in 16 C.F.R. Parts 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing fifty mg or less of explosive materials, and aerial devices containing one hundred thirty mg or less of explosive materials and classified as fireworks UNO336 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this ordinance, and not including fused set-pieces containing components that together exceed fifty mg of salute powder. (d) "Display fireworks" means large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty mg) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces that exceed the limits of explosive materials for classification as "consumer fireworks" and are classified as fireworks UNO333, UNO334, or UNO335 by the United States Department of Transportation at 49 C.F.R. Sec. 172.101 as of the effective date of this ordinance, and including fused set-pieces containing components that exceed fifty mg of salute powder. (e) "External packaging" means any materials that are not an integral part of the operative unit of the fireworks. (f) "Fireworks" means any composition or device, designed to produce a visible or audible effect by combustion, deflagration, or detonation, and which meet the definition of articles pyrotechnic or consumer fireworks or display fireworks. (g) "Permit" means the official authorization granted by the city for the purpose of establishing and maintaining a place within the jurisdiction of the city where fireworks are manufactured, constructed, produced, packaged, stored, sold, or exchanged, and the official authorization granted by the city for a public display of fireworks. (h) "Public display of fireworks" means an entertainment feature where the public is or could be admitted or allowed to view the display or discharge of display fireworks. (i) "Pyrotechnic operator" includes any individual who by experience and training has demonstrated the required skill and ability for safely setting up and discharging display fireworks. (j) "Retailer" includes any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. (k) "Special effects" means any combination of chemical elements or electrical compounds capable of burning independently of the oxygen of th e atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio or television production, theatrical, or opera. (l) "Wholesaler" includes any person who sells fireworks to a retailer or any other person for resale and any person who sells display fireworks to public display licensees. (Ord. 1284 §2, 2002; Ord. 770 §2(part), 1981; Ord. 471 §3, 1963). 15.16.040 - License required.Possession, use and discharge of fireworks unlawful. A. It is unlawful for any person to possess, use, sell, transfer, discharge, ignite, or explode any Formatted: Space After: 0 pt, Line spacing: single fireworks within the city; provided that this prohibition shall not apply to the following activities, when authorized by a state license and city permit: 1. Duly authorized public displays, as provided in chapter 70.77 RCW; and 2. Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311, and authorized by the Arlington fire marshal. B. Trick and novelty devices, as defined by state law, are not fireworks for the purposes of this chapter. C. This chapter does not prohibit the use of torpedoes, flares, or fuses by motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. It is unlawful for any person, firm, co-partnership or corporation to engage in the retail sale of fireworks within the city without first having obtained a license from the city clerk. Applicants for renewal of license will be given preference over applicants for license by persons not previously licensed, provided that if the holder of the license fails to make application for renewal by the second Monday in April, said preference will be forfeited. No one organization may receive more than one license for fireworks sales during any one calendar year. The maximum number of licenses that may be issued pursuant to this chapter during any one calendar year will not exceed one license for each two thousand residents of the city or fraction thereof, according to the last official census. (Ord. 1284 §3, 2002; Ord. 770 §2(part), 1981; Ord. 471 §4, 1963). 15.16.050 - License application. Public displays, when permitted. It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. No license or permit is required for the possession or use of consumer fireworks lawfully purchased at retail. The fireworks license will be issued only to such applicants who meet the following qualifications: Formatted: Space After: 0 pt, Line spacing: single Formatted: Indent: Left: 0.5", Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single Formatted: Space After: 0 pt, Line spacing: single (1) Nonprofit charitable, religious, or eleemosynary corporations, organized and existing primarily for veterans, patriotic, religious, charitable or civic betterment purposes; and (2) Said corporation or association has its principal and permanent meeting place in the city, and has been organized and established in the city, for a period of at least one year prior to the date application is made for a fireworks license. Application for a license: (1) Will be made in writing accompanied by a license fee as set forth in the city's fee resolution; (2) Will be made ninety days prior to the discharge date. Applicants for any such license will be notified by the city clerk of the granting or rejection of their application for license and if any applicants are not granted a license, the fee will be refunded. (3) Will set forth the proposed location of the fireworks stand applied for; and (4) Will be accompanied by an assurance that if the license is issued to applicant, applicant will, at the time of receipt of such license, deliver to the city clerk a liab ility insurance policy with coverage of not less than fifty thousand dollars and five hundred thousand dollars for bodily injury liability for each person and occurrence respectively, and not less than fifty thousand dollars for property damage liability for each occurrence, unless such insurance is not readily available from at least three approved insurance companies. If insurance in this amount is not offered, each fireworks permit will be covered by a liability insurance policy in the maximum amount off ered by at least three different approved insurance companies. A rider will be attached to the policy designating the city as an additional insured there under. (Ord. 1284 §4, 2002; Ord. 770 §2(part), 1981; Ord. 471 §5, 1963). (Ord. No. 2010-011, § 10, 6-17-2010) 15.16.060 - Lawful sale dates.Public display permit—applications, permits. A person desiring to make a public display of fireworks shall apply in writing for a permit to hold, conduct or operate a public display of fireworks to the Arlington fire marshal at least sixty (60) days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display. Applicants shall pay permit fees as required by the city fee resolution. The application must include: (1) a copy of the applicant's Washington state pyrotechnic operator license (or the pyrotechnic operator license of the applicant's employee who will conduct the public display); (2) evidence of a bond issued by an authorized surety or a certificate of public liability insurance; Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Indent: Left: 0.5" (3) a drawing showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius; (4) the exact location, date and time of the proposed display; and (5) the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display. The fire marshal shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. The fire marshal may grant a permit, deny the same, or impose other requirements on the applicant as needed to protect the public safety. It is unlawful for any person, firm, co-partnership, or corporation to offer for retail sale, expose for retail sale, sell at retail any fireworks within the city, except from 9:00 a.m. on June 28th to 9:00 p.m. on July 4th, and from 9:00 a.m. on December 27 to 9:00 p.m. on December 31. (Ord. 1284 §5, 2002; Ord. 770 §2(part), 1981; Ord. 471 §6, 1963). 15.16.070 - Firework discharge dates.Public display permits--transfer Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code.Consumer fireworks may only be discharged on July 4th from 9:00 a.m. to midnight and on December 31, from 7:00 p.m. until midnight. No other discharge of fireworks will be allowed except as provided in this ordinance. (Ord. 1284 §6, 2002; Ord. 770 §2(part), 1981; Ord. 471 §7, 1963). 15.16.080 - Public firework displays. The assembling, compounding, use, and display of articles pyrotechnic will be under the control of a pyrotechnic operator licensed by the state of Washington and who possesses a valid permit from the city. Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Normal, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: Indent: First line: 0", Space After: 0 pt, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers No person may discharge fireworks at any place except as authorized by state license and local permit for a public display of fireworks; provided, that consumer fireworks, firecrackers, salutes and chasers may be purchased and used by religious organizations or private organizations or persons if purchased from a licensed manufacturer, importer, or wholesaler for use on prescribed dates and locations, for religious or specific purposes, upon obtaining a permit from the city fire chief. The fire chief may require a safety plan be submitted and approved prior to the display. Additionally, if deemed necessary, the fire chief may require a fire department standby crew with costs for such paid by the event organizers prior to the display. (Ord. 1284 §7, 2002; Ord. 770 §2(part), 1981; Ord. 471 §8, 1963). 15.16.090 - Specialized operations. The assembling, compounding, use, and display of articles pyrotechnic or special effects in the production of motion pictures, radio or television productions, or live ent ertainment will be under the control of a pyrotechnic operator licensed by the State of Washington and who possesses a valid permit from the city. The fire chief may require a safety plan be submitted and approved prior to the display. Additionally, if deemed necessary, the fire chief may require a fire department standby crew with costs for such posted by the event organizers prior to the display. (Ord. 1284 §8, 2002; Ord. 770 §2(part), 1981; Ord. 471 §9, 1963). 15.16.100 - Operation of firework stands. No person other than the licensee organization will operate the stand for which the license is issued, or share, or otherwise participate in the benefits of the operation of such stand. (Ord. 1284 §9, 2002; Ord. 770 §2(part), 1981; Ord. 471 §10, 1963). 15.16.110 - Temporary firework stands. All retail sales of consumer fireworks will be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is prohibited. Temporary stands will be subject to the following provisions: (1) No fireworks stand will be located within twenty-five feet of any other building, nor within fifty feet of any gasoline station or distribution station; (2) Fireworks stands need not comply with the provisions of the building co de of the city; provided, however, that all stands will be erected under the supervision of the fire chief of the city, who will require that those stands be constructed in a manner and place that will ensure the safety of attendants and patrons. Safety approved fire extinguishers will be maintained at stands at all times; (3) Each stand must have at least two exits; (4) No fireworks stand will be located closer than six hundred feet to another fireworks stand; (5) All weeds and combustible material will be cleared from the location of the stand, including a distance of at least twenty-five feet surrounding the stand; (6) "No Smoking" signs will be prominently displayed on the fireworks stand; (7) Each stand will be operated by adults only. No fire-works will be left unattended in a stand; (8) All unsold stock, accompanying litter, and the fireworks stand will be removed from the location and the city by twelve noon on the sixth day of July and the second day of January of each year. (Ord. 1284 §10, 2002; Ord. 770 §2(part), 1981; Ord. 471 §11, 1963). (Ord. No. 2010-011, § 11, 6-17-2010) 15.16.120 - Fireworks seizure proceedings. If the fireworks are not returned to the petitioner or destroyed, the city fire chief or state fire marshal may sell confiscated consumer fireworks to wholesalers licensed by the state fire marshal. Sale will be by public auction after publishing a notice of the date, place and time of the auction in a newspaper of general circulation in Snohomish County at least three days before the date of the auction. Proceeds of the sale of seized fireworks will be deposited in the city's general fund. Fireworks that are not legal for use and possession will be destroyed by the city fire chief or state fire marshal. (Ord. 1284 §11, 2002; Ord. 770 §2(part), 1981; Ord. 471 §12, 1963). (Ord. No. 2010-011, § 12, 6-17-2010) 15.16.130 - General duty. It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially p rotected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor will be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. (Ord. 1284 §12, 2002). (Ord. No. 2010-011, § 13, 6-17-2010) 15.16.140 - Savings. The enactment of this ordinance will not affect any case, proceeding, appeal o r other matter currently pending in any court or before the city or in any way modify any obligation, right or liability, civil or criminal, which may exist by virtue of any of the ordinances herein amended. (Ord. 1284 §13, 2002). 15.16.150 080 - Violation penalties. A. Any person possessing, using, discharging, igniting, or exploding any consumer firework in violation of this chapter has committed a civil infraction. 1. For a period of 365 days after the effective date of this ordinance, a violation of this subsection shall be a class 3 civil infraction. 2. For the period beginning on the 366th day after the effective date of this ordinance until the 730th day after the effective date of this ordinance, a violation of this subsection shall be a class 2 civil infraction. 3. Beginning on the 731st day after the effective date of this ordinance, a violation of this subsection shall be a class 1 civil infraction. 4. The penalties and assessments for each class of infraction shall be as set by state law. Base penalties shall be as set forth in RCW 7.80.120 as now enacted or subsequently amended. Public Safety and Education Assessments shall be as set forth in RCW 3.62.090 as now enacted or subsequently amended. The base penalty amounts and Public Safety and Education Assessments at the time of the adoption of this ordinance are shown in the table below. The table is for illustrative purposes only and the amount of the base fine and the Public Safety and Education Assessments shall be as provided by state law. Class Base penalty per RCW 7.80.120 Public Safety and Education Assessment per RCW 3.62.090(1) Public Safety and Education Assessment per RCW 3.62.090(2) Total Fine Class 1 250 175 88 513 Class 2 125 88 44 257 Class 3 50 35 18 103 Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Indent: Left: 0.5", Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left + 0.88", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Indent: Left: 0.42", Tab stops: 0.25", Left + 0.5", Left Formatted Table Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Tab stops: 0.25", Left + 0.5", Left B. Any person selling or transferring any consumer firework in violation of this chapter is guilty of a misdemeanor. C. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any display firework in violation of this chapter is guilty of a gross misdemeanor. D. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any dangerous firework, as defined by state law, is guilty of a gross misdemeanor. E. Any fireworks that are possessed or used in violation of this chapter may be confiscated.Violation of any section of this chapter constitutes a gross misdemeanor. (Ord. 1284 §14, 2002). Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Space After: 0 pt, Line spacing: single, Tab stops: 0.25", Left + 0.5", Left Formatted: Indent: First line: 0", Space After: 0 pt, Tab stops: 0.25", Left + 0.5", Left Chapter 15.16 - FIREWORKS 15.16.010 - Intent. It is expressly the purpose of this ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially p rotected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision or term used in this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this ordinance is intended nor will be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this ordinance by its officers, employees or agents. 15.16.020 - Title. This chapter will be known and cited as the "Fireworks Ordinance of the City of Arlington." 15.16.030 - Definitions. The definitions of chapter 70.77 RCW, as now enacted or subsequently amended, are adopted by reference and shall govern the construction of this chapter, when applicable. 15.16.040 - Possession, use and discharge of fireworks unlawful. A. It is unlawful for any person to possess, use, sell, transfer, discharge, ignite, or explode any fireworks within the city; provided that this prohibition shall not apply to the following activities, when authorized by a state license and city permit: 1. Duly authorized public displays, as provided in chapter 70.77 RCW; and 2. Duly authorized use by religious organizations or private organizations or persons for religious or other specific purposes on an approved date and in an approved location, as provided in RCW 70.77.311, and authorized by the Arlington fire marshal. B. Trick and novelty devices, as defined by state law, are not fireworks for the purposes of this chapter. C. This chapter does not prohibit the use of torpedoes, flares, or fuses by motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. 15.16.050 - Public displays, when permitted. It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. 15.16.060 - Public display permit—applications, permits. A person desiring to make a public display of fireworks shall apply in writing for a permit to hold, conduct or operate a public display of fireworks to the Arlington fire marshal at least sixty (60) days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display. Applicants shall pay permit fees as required by the city fee resolution. The application must include: (1) a copy of the applicant's Washington state pyrotechnic operator license (or the pyrotechnic operator license of the applicant's employee who will conduct the public display); (2) evidence of a bond issued by an authorized surety or a certificate of public liability insurance; (3) a drawing showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius; (4) the exact location, date and time of the proposed display; and (5) the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display. The fire marshal shall investigate whether the character and location of the display as proposed would be hazardous to property or dangerous to any person. The fire marshal may grant a permit, deny the same, or impose other requirements on the applicant as needed to protect the public safety. 15.16.070 - Public display permits--transfer Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this code. 15.16.080 - Violation penalties. A. Any person possessing, using, discharging, igniting, or exploding any consumer firework in violation of this chapter has committed a civil infraction. 1. For a period of 365 days after the effective date of this ordinance, a violation of this subsection shall be a class 3 civil infraction. 2. For the period beginning on the 366th day after the effective date of this ordinance until the 730th day after the effective date of this ordinance, a violation of this subsection shall be a class 2 civil infraction. 3. Beginning on the 731st day after the effective date of this ordinance, a violation of this subsection shall be a class 1 civil infraction. 4. The penalties and assessments for each class of infraction shall be as set by state law. Base penalties shall be as set forth in RCW 7.80.120 as now enacted or subsequently amended. Public Safety and Education Assessments shall be as set forth in RCW 3.62.090 as now enacted or subsequently amended. The base penalty amounts and Public Safety and Education Assessments at the time of the adoption of this ordinance are shown in the table below. The table is for illustrative purposes only and the amount of the base fine and the Public Safety and Education Assessments shall be as provided by state law. Class Base penalty per RCW 7.80.120 Public Safety and Education Assessment per RCW 3.62.090(1) Public Safety and Education Assessment per RCW 3.62.090(2) Total Fine Class 1 250 175 88 513 Class 2 125 88 44 257 Class 3 50 35 18 103 B. Any person selling or transferring any consumer firework in violation of this chapter is guilty of a misdemeanor. C. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any display firework in violation of this chapter is guilty of a gross misdemeanor. D. Any person possessing, using, selling, transferring, discharging, igniting, or exploding any dangerous firework, as defined by state law, is guilty of a gross misdemeanor. E. Any fireworks that are possessed or used in violation of this chapter may be confiscated.