HomeMy WebLinkAboutSigned Minutes 06-21-21e
Minutes of the Arlington
City Council Zoom Meeting
Monday, June 21, 2021
Councilmembers Present: Mike Hopson, Michele Blythe, Jan Schuette, Marilyn Oertle,
Jesica Stickles, Debora Nelson, and Don Vanney.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, James Kelly, Dave Kraski, Marc
Hayes, City Attorney Steve Peiffle, Tony Orr, Bryan Terry, and Ashleigh Scott
Also Known to be Present: (55) Fifty -Five YouTube viewers, Scott Frank from the State
Auditor's Office, Melissa Johnson from Keller Williams Real Estate, Michael Hjermstad from
the State Auditor's Office, Leah Glazener from the State Auditor's Office and Erin Laska from
the State Auditor's Office.
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
Marilyn Oertle 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 Tern Jesica Stickles moved and Councilmember Marilyn Oertle seconded the
motion to approve the Consent Agenda that was_ unanimously carried:
1. Minutes of the June 7 and June 14, 2021 Council meetings
2. Accounts Payable:
Approval of EFT Payments and Claims Checks #102976 through #103097 dated June
8, 2021 through June 21, 2021 for $1,475,418.68; and Approval of Payroll EFT
Payments and Checks #30087 through #30096 dated May 1, 2021 through May 31,
2021 for $1,494,470.64
RFA Annexation Agreements
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Minutes of the City of Arlington City Council Meeting June 21, 2021
4. Right of Way Dedication for 168th Street for Outpost at Smokey Point
5. Right of Way Dedication for 168th Street for 5J Williams Family, LLC
PUBLIC HEARING
State Auditor's Office IT Security Audit Results
IT Director Bryan Terry introduced staff from the State Auditor's Office that included
Director of IT Scott Frank, Michael Hjermstad, Leah Glazener and Erin Laska. The City of
Arlington Information Technology department took part in a voluntary Cybersecurity Audit
from the Washington State Auditor's office. RCW 43.09.470 requires that the City Council
consider the findings of the audit and schedule a public hearing to receive comments from
the public.
The public hearing was opened at 7:03 p.m. Michael Hjermstad reviewed the results from
the IT Security Audit and answered Council questions. The public hearing concluded at 7:17
p.m. No action was taken.
NEW BUSINESS
Purchase and Sale Agreement for 504 North Olympic Avenue
City Administrator Paul Ellis reviewed the purchase and sale agreement for the Division
Street and Olympic Avenue property.
The City received a purchase and sale agreement for the City owned property at the corner
of Division and Olympic. It is a cash offer of $365,000, and includes $10,000 in earnest
money. The property is expected to close 45 days after permits are issued. The purchaser
will work with the Community and Economic Development Department on design elements
that meet the intent of the Downtown Corridor Plan.
The City purchased the property at 504 North Olympic Avenue in 2006 to provide additional
parking and construction area during the North Olympic Project. In the past, the property
has been used as public parking and a coffee stand with a month to month use agreement,
with City Council surplusing the property December 11, 2017. As part of the Downtown
Corridor Plan, Western Washington identified a mixed use concept as the highest and best
use for that lot.
Councilmember Jan Schuette moved and Councilmember Marilyn Oertle seconded the
motion to approve the purchase and sale agreement for the City property located at 504
North Olympic Avenue, and authorize the Mayor to sign the documents, subject to final
review by the City Attorney. The motion passed unanimously.
Concession Agreement with Arlington Community Food Bank
City Administrator Paul Ellis reviewed the concession license for Haller Park.
The Arlington Community Food Bank has requested use of the concession area at Haller Park
as a fundraiser for the food bank. They have asked that a license fee be waived. In 2019, the
awarded licensee paid ten percent of gross monthly sales to the City. Staff recommends
awarding a license agreement to the Arlington Community Food Bank for a period of July 1,
2021-November 1, 2021, and to waive a license fee for the non-profit community food bank.
The City will be required to pay leasehold excise tax for allowing the use of public property
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Minutes of the City of Arlington City Council Meeting June 21, 2021
in an estimated amount of $500. As currently written in the agreement, the City and not the
Food Bank would be paying this tax.
Haller Park has a concession area built in to the restroom building. The public would benefit
from having onsite refreshments at the park. Grocery Outlet had the Concession License in
2019, and paid the City $4,163, and contributed an equivalent amount to the Arlington
Community Food Bank. Grocery Outlet owner, Mike Simpson, has asked to consider the food
bank request for the 2021 license.
Councilmember Marilyn Oertle moved and Councilmember Debora Nelson seconded the
motion to approve the Concession License agreement with the Arlington Community Food
Bank, and waive the concession license fee. The motion passed unanimously.
Public Right of Way Purchase for 401h Ave Intersection Project
Public Works Director James Kelly reviewed the 40th/SR-531 Intersection right of way
property purchase.
The City of Arlington has been engaged in the 40th Ave Intersection project (Project I-13)
and is at the point where a right of way (ROW) needs to be purchased for the installation of
signals and the installation of bus pullouts at the NW and SE corners. The City contracted
with Universal Field Services for appraisal and procurement of the SE and SW ROW needs,
the City contracted directly with property owners for the NW and NE corners. A summary of
the ROW costs are below:
Property
ROW/TCE
NW Corner
$ 41,800.00
SW Corner
$ 20,800.00
SE Corner
$ 44,300.00
NE Corner
$ 4,427.00
Total Est. ROW Acquisition Cost $111,327.00
Negotiation Expense to date $ 9,192.42
Project ROW Budget $100,000.00
Remaining ROW Budget $ (20,519.42)
Councilmember Jan Schuette moved and Councilmember Debora Nelson seconded the
motion to authorize the Mayor to sign the Right of Way and Temporary Construction
Easement purchase agreements for the four corner properties at the 40th Ave. and the 172nd
intersection, subject to final review by the City Attorney. The motion passed unanimously.
Station 48 Furnishings
Fire Chief Dave Kraski reviewed the Fire Station 48 furnishings.
Furnishings are needed for all areas of Fire Station 48, including sleeping, dining, classroom,
office, and general work stations. Washington State Correctional Industries is the vendor for
most of the products. Corrections Industry supplies office and institutional furnishing are
under a state contract, and do not require competitive bidding. Space needs and furnishing
are currently being programed. Furnishings must be ordered soon to meet the opening of
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Minutes of the City of Arlington City Council Meeting June 21, 2021
the facility in October. COVID caused problems with the supply chain, and complicated
additional lead time for many items. Fire Station 48 began construction in September of
2020, and will be completed in September of 2021. Crews will be operating out of the facility
by October 1.
Councilmember Marilyn Oertle moved and Councilmember Jan Schuette seconded the
motion to approve the purchase of furnishings for Fire Station 48, for a total sum, not exceed
$60,000. The motion passed unanimously.
Appointment of Melissa Johnson to Planning Commission
Community and Economic Development Director Marc Hayes reviewed the Planning
Commission appointment for Melissa Johnson.
With the departure of Jan Berg in April 2021, there exists a vacant position in the Planning
Commission. With no applicants available to interview for the Planning Commission vacancy,
Community and Economic Development (CED) reached out to Ms. Johnson and asked if she
would be interested in serving on Planning Commission again, and she responded that she
would like to do so. Melissa served on the Planning Commission for a short period of time in
2019, and was quite involved during that time, understands how the Planning Commission
functions, and would like to resume her involvement in the Arlington community by serving
as a Planning Commissioner.
Ms. Johnson has been involved in commercial real estate for over 15 years, with experience
in market analysis, acquisitions and strategic planning, and staff believes she will be a great
contribution to both Planning Commission and the Arlington community.
Mayor Pro Tern Jesica Stickles moved and Councilmember Marilyn Oertle seconded to
confirm the appointment of Melissa Johnson to the Planning Commission. The motion passed
unanimously.
Purchase and Sale Agreement of York Property
Community and Economic Development Director Marc Hayes reviewed the proposed sale of
the surplus York Property.
Consideration of the proposed Purchase and Sale Agreement, related to the city owned
parcel, APN: #00472500000806, aka, the "York Property", located at 3209 180th St. NE. The
subject parcel is 0.56 Acre, and there exists a dilapidated single family residence and an
accessory pole construction building upon the property. The current Purchase and Sale
Agreement, includes provisions to construct three duplex units upon the property,
addressing both the need for "missing middle" housing, while keeping in scale with the
existing residential neighborhood. The type of housing being proposed (duplexes),
addresses the concerns that were expressed in previous offers to purchase, where the intent
was to construct multifamily style of housing (apartments). This current proposal retains the
neighborhood character, while generating funds to be utilized for the purchase of park
property for the development of the planned Community Park in Smokey Point.
This parcel was part of four parcels acquired in 2000 from Doris York. The westerly three
parcels were developed as a neighborhood park. The owner's residence and pole building
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Minutes of the City of Arlington City Council Meeting June 21, 2021
existed upon the subject parcel, and remained as such with hopes to repurpose the structure
for some type of community use, but the economics of bringing the structure up to building
code and ADA accessibility were not feasible. Over the next 17 years the buildings fell into
greater disrepair and in 2017, with the recommendation of the PARC Commission, the City
Council voted to surplus the property and apply the proceeds from the sale to purchase
property in Smokey Point, in order to construct a Community Park. Controversy ensued over
the proposed rezone to Residential High Density along with the building type that was being
proposed, so the sale of the property did not occur. The surrounding neighborhood has been
rezoned to Residential Moderate Capacity (RMod), so the required rezone of the subject
property from Public/Semi-Public to RMod will be in alignment with adjacent zoning and the
existing housing types.
Mayor Pro Tern Jesica Stickles moved and Councilmember Michele Blythe seconded the
motion to table this item for further discussion until the June 28, 2021 Council workshop.
The motion passed 5-2, with Councilmember Marilyn Oertle and Councilmember Jan
Schuette voting no.
Public Right of Way Purchase for 168th Street and 51st Avenue Roadway Improvements
Community and Economic Development Director Marc Hayes reviewed the purchase of
property from National Food for Public Right of Way purposes.
The City approached Mr. Brian Bookey, President of National Food, regarding the purchase
of two strips of land for the subject improvements. The City offered $8.75 S.F. for the
purchase. Mr. Bookey's comparable land values came back at $14.00 S.F., based on recent
sales in the area, but he is willing to settle at a midpoint price of $11.00 S.F. to help expedite
the process and allow the City to purchase the property before the July 1, 2021 deadline, as
established in the Development Agreement with Panattoni Development, in order for the
improvements to be constructed by Panattoni.
The purchase price for the 8,910 Square Feet of required property, for Right of Way purposes
will be $98,010.00. This purchase cost will be paid out of monies that exist in the City's
Growth Fund attributed to Traffic Impact Fees, paid by current development. Because
negotiations were still in process at the time of this CAB submittal, a copy of the Purchase
and Sale Agreement was not available as of yet, but a copy of the Purchase and Sale
agreement will be provided as soon as it is executed. CED is requesting that this purchase be
approved at the June 21st, City Council meeting, in order to control the Right of Way before
July 1, 2021.
As agreed upon in the Development Agreement with Panattoni Development, Panattoni will
construct 168th St. NE, in its entirety, between 43rd Ave. and 51st Ave., as long as the City
has control of the Right of Way required to construct the roadway. Right of Way from both
BYK Construction, and 5J Williams Family LLC are being dedicated through land use
requirements for the south side of 168th St., but since there is no current land use being
conducted on the National Food property, it became necessary to purchase the required
property so that both the 168th St. roadway and the 51st Ave. frontage improvements could
be completed together, providing contiguous pedestrian and vehicular access between 43rd
Ave., 51st Ave., and SR 531.
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Minutes of the City of Arlington City Council Meeting June 21 2021
Mayor Pro Tem Jesica Stickles moved and Councilmember Don Vanney seconded the motion
to authorize the Mayor to sign the purchase agreement for right of way purposes related to
the 168th Street and 515t Avenue roadway improvements, subject to final review by the City
Attorney. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS
Councilmember Mike Hopson wanted to add to the York Property discussion earlier, that
there are incentives that could be offered, such as funds from the State and Recovery Acts
that can be applied to low income housing options.
Councilmember Michele Blythe stated that she went on a ride along with Sergeant Rory
Bolter and encouraged other Councilmembers to schedule one, if they haven't already. The
police department is busy, and it would be a good way to gain knowledge on the "hot
locations", get a feel for what police are handling at the moment, and how times have
changed.
ADMINISTRATOR & STAFF REPORTS
City Administrator Paul Ellis stated that the Haller Park Splash Pad will be opening
tentatively on July 1. This date is set based on the Washington State Governor Jay Inslee's
plan to re -open the State on July 1. The City has already been preparing the park by going
through the systems and analyzing them and re -stained some of the concrete.
MAYOR'S REPORT
None.
EXECUTIVE SESSION
City Attorney Steve Peiffle announced that there would be an Executive Session for
discussion of computer security test results under 42.30.110(1)(a)(ii).
Mr. Peiffle stated, and confirmed with Michael Hjermstad, from the State Auditor's Office,
that he expected the one item of discussion to last twenty (20) to thirty (30) minutes,
depending on Council discussion, and the meeting would reconvene at 9:00 p.m. He indicated
that there would be no action taken after the Executive Session. Mayor Tolbert recessed the
meeting at 8:35 p.m. At that time, a Zoom Executive Session was initiated. The meeting
resumed at 9:00 p.m.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 9:00 p.m.
Barbara Tolbert, Mayor
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