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HomeMy WebLinkAbout01-13-2014 City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: January 13, 2014 SUBJECT: Change Order #5 to the 67th Ave Final Phase construction contract ATTACHMENTS: - Proposal for Change Order #5 DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: $190,600.75 BUDGET CATEGORY: TIB Grant and Transportation Improvement Fund LEGAL REVIEW: DESCRIPTION: Change Order #5 to the 67th Ave Final Phase construction contract for the installation of ADA facilities, pedestrian signalization, and full depth reconstruction of the 204th St and 67th Ave intersection. HISTORY: The 67th Ave Final Phase project was scheduled to install an asphalt overlay at the 67th/204th intersection. However the contract drawings omitted required ADA ramps and pedestrian crosswalk signalization. We discussed necessary work to add these items to the project with the contractor and he stated that the existing intersection pavement would be so badly damaged that it could not be resurfaced. It was recommended that new full depth asphalt be installed. 85% of this change order cost will be covered by the TIB Grant. Phase Amount Comments Original Contract $ 5,982,984.00 Original contract for 67th Ave Construction CO#1 $ 13,830.00 CO-01 (6” gate valve, decommission wells) CO#2 $ 3,950.11 CO-02 (water service revisions) CO#3 $ 292,516.50 CO-03 (69th Avenue Culvert work) CO#4 $ (3,037.02) CO-4 (Misc Construction Changes) CO#5 $ 190,600.75 CO-5 (204th Intersection Reconstruction) Total $ 6,480,844.34 Revised Contract Price ALTERNATIVES - Install pedestrian facilities only. RECOMMENDED MOTION: Discussion only. At Council’s request, this issue will be brought to January 21st Council meeting, whereby Staff will recommend the following motion, “I move to approve Change Order #5 to the 67th Ave Final Phase project and authorize the City Administrator to sign the change order, pending final review by the City Attorney. 1/8/2014 Bid Item No. Item Description Unit Quantity Estimated Cost Total Estimated Cost A-3 Roadway Survey LS 1 3,000.00$ 3,000.00$ A-6 Roadside Cleanup FA 1 3,500.00$ 3,500.00$ A-18 Removal of Structures and Obstructures LS 1.00 7,500.00$ 7,500.00$ A-19 Sawcutting Existing Pavement LF 345.00 3.75$ 1,293.75$ A-22 Roadway Excavation Incl. Haul CY 431.00 18.00$ 7,758.00$ A-24 Gravel Borrow Incl. Haul TON 100.00 16.50$ 1,650.00$ A-42 HMA Cl. 1/2 In. PG 64-22 (does not include west leg) TON 280.00 90.00$ 25,200.00$ A-44 Asphalt Treated Base TON 270.00 82.00$ 22,140.00$ A-51 Crushed Surfacing Base Course TON 400.00 23.00$ 9,200.00$ A-52 Crushed Surfacing Top Course TON 35.00 24.00$ 840.00$ A-53 Cement Conc. Curb and Gutter LF 175.00 16.00$ 2,800.00$ A-54 Cement Conc. Sidewalk SY 143.00 29.00$ 4,147.00$ A-56 Planing Bituminous Pavement SY 1460.00 13.00$ 18,980.00$ A-82 Adjust Existing Utility Structure EA 4.00 375.00$ 1,500.00$ A-84 Traffic Control Supervisor LS 1.00 3,500.00$ 3,500.00$ A-85 Uniformed Police Officer HR 24.00 58.00$ 1,392.00$ A-86 Temporary Traffic Control Devices LS 1.00 7,500.00$ 7,500.00$ A-87 Flaggers and Spotters HR 315.00 46.00$ 14,490.00$ A-88 Other Traffic Control Labor HR 50.00 46.00$ 2,300.00$ A-89 Pedestrian Control and Protection LS 1.00 2,500.00$ 2,500.00$ A-90 Paint Line LF 385.00 0.40$ 154.00$ A-91 Painted Wide Line LF 700.00 0.60$ 420.00$ A-94 Plastic Traffic Arrow EA 8.00 72.00$ 576.00$ A-120 Cement Conc. Pedestrian Curb LF 33.00 20.00$ 660.00$ A-121 2 ft Wide Cement Conc. Curb LS 1.00 2,000.00$ 2,000.00$ A-122 Additional Truncated Dome on Perpendicular Ramp EA 2.00 300.00$ 600.00$ -Curb and Gutter Removal LF 0.00 4.00$ -$ TOTAL: SCHEDULE A 145,600.75$ C-2 Traffic Signal Modification LS 1 45,000.00$ 45,000.00$ TOTAL: SCHEDULE C 45,000.00$ TOTAL: SCHEDULE A 145,600.75$ TOTAL: SCHEDULE C 45,000.00$ TOTAL 190,600.75$ MCI Proposed Page 1 of 1 Arlington City Council Agenda Bill Item: WS #2 Attachment B COUNCIL MEETING DATE: January 13, 2014 SUBJECT: Project Closeout – Airport Standby Generator Project ATTACHMENTS: Project Acceptance Letter with Cost Breakdown DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Staff is requesting City Council approve the attached project acceptance letter for the Airport Standby Generator Project. The Airport Commission approved the project acceptance letter at their December 10, 2013 meeting. City Council approval is needed as well because staff funded the project out of a different fund than was originally approved (the Airport CIP Fund versus the Operating Fund) and the dollar amount of the contract exceeded the amount originally budgeted. HISTORY: The Airport Standby Generator Project involved the purchase and installation of an outdoor 100 kW generator and automatic transfer switch to provide back-up power for the airfield lighting in the event of a power failure. Grants were received from both the FAA and WSDOT to help fund the project. The Airport Commission and City Council approved the contract in August 2012. ALTERNATIVES For Discussion Only RECOMMENDED MOTION: No action at this time. DATE: December 5, 2013 TO: City Council, Airport Commission FROM: Dale Carman, Airport Manager SUBJECT: PROJECT ACCEPTANCE Airport Standby Generator Project Project Title Staff has certified the construction performed by Seahurst Electric Inc. as complete and in compliance with the terms of the construction contract as awarded by the City Council and Airport Commission. The final accounting of the cost of the project is as follows: Contract Award Amount $ 104,500.35 Change Orders Added $ 0 Change Orders Deducted $ 0 Over-runs/Under-runs $ 0 Final Contract Cost $ 104,500.35 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 awarded by the City Council and Arlington Airport Commission for the Airport Standby Generator Project. Mayor Barbara Tolbert Date cc: file City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: January 13, 2014 SUBJECT: Lodging Tax Grant Funding Distribution for 2014 ATTACHMENTS: 1) Spreadsheet listing applications and funding recommendations 2) Sample Grant Application 3) Sample Contract DEPARTMENT OF ORIGIN Finance EXPENDITURES REQUESTED: $87,155.95 BUDGET CATEGORY: Hotel-Motel Tax Fund LEGAL REVIEW: DESCRIPTION: For the 2014 funding process, 11 applications were received totaling $102,170.50. The Lodging Tax Committee met on November 20th to review and make recommendations for funding. 10 applications were approved for funding totaling $87,155.95. Organizations who are awarded the funds will be required to enter into a contract with the City and abide by the terms. The City received $84,030 in Hotel Motel taxes in 2013 and is expected to receive a greater amount in 2014 when the new motel opens. HISTORY: The City began collecting a 2% Hotel-Motel Tax in 2005. Revenues generated from the tax are to be used for tourism promotion and tourism-related facilities. ALTERNATIVES 1) Table for additional Review 2) Take no action RECOMMENDED MOTION: No formal action will be taken at this workshop meeting. Hotel / Motel Project Project Total Sponsor Tax 66.67% Limit Committee Sponsor/Contractor Title Project Match Request Recommends Arlington EAA Fly-in Promotion/advertising fly-in 68,850.00$ 48,350.00$ 20,500.00$ 45,902.30$ 20,500.00$ Arlington Arts Council AAC's popular music concert's at BPAC 22,500.00$ 7,500.00$ 15,000.00$ 15,000.75$ 15,000.00$ Arlington/Smokey Point C of C 4th of July Fireworks Display 7,600.00$ -$ 7,600.00$ 5,066.92$ 5,066.92$ Arlington/Smokey Point C of C 4th of July Kid's Carnival at Legion Park 2,446.50$ 575.00$ 1,871.50$ 1,631.08$ 1,631.08$ Arlington/Smokey Point C of C Smokey Point Carnival 8,431.00$ 2,425.00$ 6,006.00$ 5,620.95$ 5,620.95$ Arlington/Smokey Point C of C Visitor Information Center 13,927.00$ 5,850.00$ 8,077.00$ 9,285.13$ 8,077.00$ ASPCC / D.A.B.A.DABA Events 14,300.00$ 6,500.00$ 7,800.00$ 9,533.81$ 7,800.00$ ASPCC / D.A.B.A.Advertising Sign 22,356.00$ 10,500.00$ 11,856.00$ 14,904.75$ -$ Stilly Valley/Skagit Genealogical Soc.WA State Genealogical Conference 23,840.00$ 11,920.00$ 11,920.00$ 15,894.13$ 11,920.00$ City of Arlington Eagle Festival 14,616.00$ 9,416.00$ 5,200.00$ 9,744.49$ 5,200.00$ City of Arlington Summer Events in the Parks 10,020.00$ 3,680.00$ 6,340.00$ 6,680.33$ 6,340.00$ TOTALS 208,886.50$ 106,716.00$ 102,170.50$ 139,264.63$ 87,155.95$ Hotel / Motel Funding Applications for 2014 2014 TOURISM / ECONOMIC DEVELOPMENT GRANTS REQUEST FOR GRANT FUNDING SUBMITTAL DEADLINE: - October 15, 2013, 5:00 p.m. PLEASE SEND (1) COPIES TO: CITY OF ARLINGTON 238 N. OLYMPIC ARLINGTON, WA 98223 ATTN: JIM CHASE, FINANCE DIRECTOR REQUEST FOR GRANT FUNDS TOURISM / ECONOMIC DEVELOPMENT HOTEL / MOTEL TAX The City of Arlington is accepting applications from public and non-profit agencies for projects that assist tourism development and promotion in the City. The program is funded through the taxes collected on hotel and motel room rents in the City of Arlington. The City will have funds available to award to eligible applicants on a competitive basis with the ability to complete their projects by December 31, 2014. Applications are available on the City’s Website at www.arlingtonwa.gov or by contacting the Finance Department, 238 N. Olympic Ave, Arlington, WA 98223. (360-403-3422). Completed applications are due in the Finance Department office by 5:00 p.m. on October 15, 2013. No applications received after that time and date will be considered for funding. Each proposal submitted will be considered by the Lodging Tax Advisory Committee for recommendation to the City Council for final decision. The committee shall have the authority to negotiate concerning the content of any applicant’s proposal. Successful applicants will be required to enter into a contract with the City to provide reimbursement. Reimbursement by the City will be due after performance under the contract is complete. What can a municipality fund with lodging tax revenues?  Tourism marketing,  Marketing and operations of special events and festivals,  Operations of tourism-related facilities owned by non-profit organizations,  Operations and capital expenditures of tourism related facilities owned by municipalities or public facilities districts. The Washington State Legislature passed Engrossed Substitute House Bill 1253 during 2013 which amended the Revised Code of Washington 67.28. and changed some reporting requirements. Successful applicants will be required to submit an annual report of lodging tax expenditures for festivals, special events and tourism related facilities owned by local jurisdictions or non-profit organizations describing the actual number of people traveling for business or pleasure on a trip: (a) Away from their place of residence or business and staying overnight in paid accommodations; (b) To a place fifty miles or more -one way- from their place of residence or business for the day or staying overnight; or (c) From another country or state outside of their place of residence or their business. The municipality receiving these reports (as stated in the updated RCW) must submit and annual report which includes this information. These reports will be made available to the City Council and the public (posted on the City’s website), and will be furnished to the State Joint Legislative Audit and Review Committee and the Local Lodging Tax Advisory Committee, per the new legislation. PROJECT SPONSOR INFORMATION Name of the Organization: Project Title: Project Funding Year: 2014 Project Dates: Contact Person (person who wrote or has the most knowledge about this application): Mailing Address: City: State: Zip: Signature: Phone #:______________________________ E-mail address: Project Sponsor (person with legal authority to sign a contract with the City): Address: City: State: Zip: Signature: Phone #: Sponsor is(please check one): Non-Profit Public Agency Other Federal Tax ID Number _____________________ UBI Number ___________________ Organization is a (Select one) _______ Government Agency _______ 501 (c) 3 _______ Other ______________________ Estimated number of overnight stays from the event: ________________ Amount Requested: $__________ Match: $__________ Total Project Budget: $__________ These totals must equal the numbers on the project budget page CITY OF ARLINGTON Tourism/Economic Development PROJECT ELIGIBILITY Following is the update Revised Code of the Washington (RCW) describing these funds. RCW 67.28.080 – (1) Lodging tax revenues can be used, directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for: (a) tourism marketing; (b) The marketing and operations of special events and festivals designed to attract tourists; (c) Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW; or (d) supporting the operations of tourism-related facilities owned or operated by non-profit organizations described under 26 U.S.C. Sec. 501 (c) (3) and 26 U.S.C Sec. 501 (c) (6) of the internal revenue code of 1986, as amended. (2) (a) Except as provided in (b) of this subsection, applicants applying for use of revenues in this chapter must provide the municipality to which they are applying estimates of how any moneys received will result in increases in the number of people traveling for business or pleasure on a trip: (i) Away from their place of residence or business and staying overnight in paid accommodations; (ii) To a place fifty miles or more one way from their place of residence or business for the day or staying overnight; or (iii) From another country or state outside of their place of residence or business. (b) (i) In a municipality with a population of five thousand or more, applicants applying for use of revenues in this chapter must submit their applications and estimates described under (a) of the subsection to the local lodging tax advisory committee. (ii) The local lodging tax advisory committee must select the candidates from amongst the applicants applying for use of revenues in this chapter and provide a list of such candidates and recommended amounts of funding to the municipality for final determination. The municipality may choose only recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee. (c) (i) All recipients must submit a report to the municipality describing the actual number of people traveling for business or pleasure on a trip: (A) Away from their place of residence or business and staying overnight in paid accommodations; (B) To a place fifty miles or more one way from their place of residence or business for the day or staying overnight; or (C) From another country or state outside of their place of residence or their business. A municipality receiving a report must: Make such report available to the local legislative body and the public; and furnish copies of the report to the joint legislative audit and review committee and members of the local lodging tax advisory committee. (ii) The joint legislative audit and review committee must on a biennial basis report to the economic development committees of the legislature on the use of lodging tax revenues by municipalities. Reporting under this subsection must begin in calendar year 2015. (d) This section does not apply to the revenues of any lodging tax authorized under this chapter imposed by a county with a population of one million five hundred thousand or more. Sec. 2. RCW 67.28.080 and 2007 c 497 s 1 are each reenacted and amended to read as follows: The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Acquisition" includes, but is not limited to, siting, acquisition, design, construction, refurbishing, expansion, repair, and improvement, including paying or securing the payment of all or any portion of general obligation bonds, leases, revenue bonds, or other obligations issued or incurred for such purpose or purposes under this chapter. (2) "Municipality" means any county, city or town of the state of Washington. (3) "Operation" includes, but is not limited to, operation, management, and marketing. (4) "Person" means the federal government or any agency thereof, the state or any agency, subdivision, taxing district or municipal corporation thereof other than county, city or town, any private corporation, partnership, association, or individual. (5) "Tourism" means economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs. (6) "Tourism promotion" means activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists. (7) "Tourism-related facility" means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor that is: (a)(i) Owned by a public entity; (ii) owned by a nonprofit organization described under section 501(c)(3) of the federal internal revenue code of 1986, as amended; or (iii) owned by a nonprofit organization described under section 501(c)(6) of the federal internal revenue code of 1986, as amended, a business organization, destination marketing organization, main street organization, lodging association, or chamber of commerce and (b) used to support tourism, performing arts, or to accommodate tourist activities. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2013. IMPACT ON THE HOTEL – MOTEL FUND The Hotel – Motel Fund receives revenues entirely from taxes on hotel and motel stays in the City. One key evaluation criteria is how funding a particular project or event may help to provide ongoing revenues for the fund. Please provide a full description of your project or event. Use a separate sheet of paper if needed. Please indicate how your project will enhance the long-term health and stability of the fund and, especially, how it might result in overnight stays. Quantify your projections and indicate how you propose to verify your results. If your project will not result directly in overnight stays, try to demonstrate how its success may contribute to future overnight stays. An example might be a one-day festival you sponsor, when combined with – and jointly marketed with – an event the following day which may appeal to the same audience, might encourage visitors to spend the night and attend both events. In this example, it would be important to discuss the timeframe and strategy for future implementation of an appropriate cooperative marketing campaign to link your one-day festival with the second one. Again, quantify your projections and explain the methodology by which you developed them. Use a separate sheet of paper if needed. PROJECT BUDGET Please detail the budget for your project. Remember that though the City will pay no personnel costs (wages, benefits, etc.), such costs are eligible as a portion of your matching portion. The City can pay a share of such costs as postage, design and layout of printed materials, printing, and communications. Please specify whether your various match items will be either cash (C) or in-kind (I/K). Project Name: Item City Match Cash In-Kind Total 1. $ $ $ 2. $ $ $ 3. $ $ $ 4. $ $ $ 5. $ $ $ 6. $ $ $ 7. $ $ $ 8. $ $ $ 9. $ $ $ 10. $ $ $ Totals: $ $ $ These totals must match the Grant Application page. BUDGET NARRATIVE In the space below please offer any information which you feel may provide useful background on your proposed budget such as source and rate at which matching labor costs are calculated, numbers of promotional pieces to be produced, numbers of media ads to be placed, media outlets to be used, etc. PROJECT TIME LINE Please use the chart below to break out your project into its major items, showing when each will be accomplished. MONTH TASK ITEM JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER Please use the space below to provide any necessary background on elements of your project time line. APPLICATION PACKAGE Please submit one copy of your application. Please do not double side your application and please do not use any other paper size that 8 ½ x 11. Application covers are discouraged. Faxed applications will not be accepted. Please provide the following information. These are requirements for an application to be considered for funding. ALL APPLICANTS:  Two letters of recommendation; each letter should explain the writer’s relationship to the project and/or sponsor, the writer’s qualifications for commenting on the project, and the writer’s opinion of the benefits of the proposed project.  At least one of the letters of endorsement must be from an establishment offering overnight accommodations in the City of Arlington; failure to abide by this requirement may result in disqualification of your application even if it meets all other criteria. NON-PROFITS:  Copy of state certificate of non-profit incorporation and/or Federal 501(c) (3) letter  Copy of Articles of Incorporation  Copy of current mission and goals statement (If this information was provided with previous grant applications, it is not needed again)  Copies of financial statements for the two most recent years: This should include beginning cash balances, a listing of annual actual revenues, a listing of annual actual expenditures, and the resulting ending fund cash balances. (Beginning cash balance plus revenues minus expenditures equals the ending cash balance.)  Copy of meeting minutes from the Board of Directors authorizing the submission of this application for Hotel-Motel Funds. PUBLIC AGENCIES:  Copy of meeting minutes showing official approval of project and authorization for this application. COOPERATIVE PROJECTS:  Description of reasons for and benefits of cooperative approach  List of all co-sponsors by title and type  Description of individual project responsibilities of co-sponsors  Letters from co-sponsors endorsing projects, citing responsibilities and agreeing to participate Completed applications are due by 5:00 p.m. on October 15, 2013. No applications received after that time and date will be considered for funding. Project Evaluation Criteria The following criteria will be utilized in evaluating and scoring all grant proposals. Generally, applications receiving the highest scores will be giving priority over lower scores. The Lodging Tax Advisory Committee reserves the right of final award and funding. 1. Tourism Promotion: Does the project meet the basic State and City requirements for tourism promotion? Will it promote a positive image for the City? Will it attract visitors, build new audiences and encourage tourist expansion? Will it increase awareness of the City’s amenities, history, facilities, and natural environment? 10 points 2. Benefit to the Community: How will this project benefit the people of the City of Arlington? What are the projected direct and indirect dollar expenditures by visitors? What is the estimated number of visits and/or overnight stays generated? Who will attend the event? How many visitors will the event serve? 10 Points 3. Innovation: Is this project unusual or unique? Does it move an existing program in a new direction? Does it reflect quality in content or programming? 5 Points 4. Community Support: Does the project have broad-based community appeal or support? What is the evidence of need for this project in the City? 5 Points 5. Evidence of Partnerships: What kind and degree of partnerships does the project exhibit? Does it exhibit volunteer involvement or inter-jurisdictional, corporate, business and/or civic support? 10 Points 6. Management Capability: How have you demonstrated an ability to successfully complete the project through effective business practices in the areas of finance, adminis tration, marketing and production? What are the administrative credentials of key paid or volunteer staff or individuals? 5 Points CITY OF ARLINGTON Tourism/Economic Development 7. Degree of Match: Is the financial need reflected in a realistic budget? What is the percentage of matching resources? The degree of match (as demonstrated through other sources of cash, donations and in-kind contributions of materials, staff and volunteer time) is one measure of a projects potential success. 5 Points PLEASE NOTE: If matching funds are in-kinds, then grantees must attach a budget to their final reports detailing exactly what these in-kind matches consist of. If labor is considered an in-kind match, then a breakdown showing the number of hours worked by how many people must be attached. If the match is a cash expenditure, then this expenditure must be clearly identified in the final report. A match of 1/3 (one-third) of the total amount of the project must be committed to the project as part of the application process. This one-third match must be clearly identified in grant applications and then highlighted in grant reports. The City must be able to determine and certify that the match was expended in project accomplishment. 8. Previous and Replacement Funding: Do you have a history of successful use of grant funding? Is there a reliance on annual funding from the same sources? Does the project anticipate using City funds to replace existing funds? You may apply for and receive grants in subsequent years; however, continuity of funds is not guaranteed. 5 Points 9. Evaluation: In the scope of work, did you provide a method of evaluating the proposed project upon completion? All grant recipients must make a concerted effort to determine the effectiveness of the project for which they receive grant funding. In the final report, grantees are to assess the number of visitors brought to the Arlington area, how much community support was shown for the project and how any project partnerships added to the effectiveness of the project. Therefore, a good project application will contain details as to how the grantee plans to evaluate project success, i.e. how the grantee intends to measure number of visitor and assess community support. 10 Points 10. Scale of Project: Is the project of a scale suitable for this funding program? Can the project be completed by the end of the year? 5 Points 11. Application: Is the application clear, accurate, complete and neat? 10 Points 2014 ANNUAL EVENT OR TOURISM LODGING TAX EXPENDITURE REPORT The City is required to send an annual report to the State of Washington Joint Legislative Audit Review Committee on the use of Hotel-Motel Tax funds. We therefore require each recipient to provide a recap of the following information to the Arlington Finance Department. Report Deadline: February 28, 2015 This report will also be made available to the public. 1. Organization________________________________________ 2. This report covers: Event name:________________________________________ Date:____________ Tourism Facility:____________________________________ Date:____________ 3. Total Lodging Tax funds allocated to this event or facility: $______________ 4. Estimated total event attendance or user count for the event or facility _____________ Describe methodology used to determine this figure 5. Estimated percentage of total attendance for event or facility by (list separately) 1) away from their residence or place of business and staying overnight in paid accommodations; 2) people who traveled more than 50 miles (one way from their place of residence) for the day or staying overnight; or 3) people from another country or state outside of their place of residence or business: This information can be obtained through sample surveys of the tourists attending your event. The number of attendees who live outside of Arlington and are staying overnight in paid accommodations ____________ The number of attendees who traveled more than 50 miles for the day or staying overnight; ____________ Those from another country or state outside of their place of residence or their business ____________ Describe methodology used to determine these figures 6. Estimated total room nights generated __________. Describe methodology used to determine this figure 7. Any other information that demonstrates the impacts of the festival, event or tourist-related facility owned by a non-profit organization or local jurisdiction (please describe): You may use a separate sheet of paper to describe. You are welcome to send this report immediately after your event! 1 (27-415 SJP/pb) CONTRACTOR: ADDRESS: PROJECT: 2014 Event AMOUNT: $ FUND SOURCE: City of Arlington Hotel Motel Tax TERMINATION: December 31, 2014 CONTRACT FOR HOTEL/MOTEL FUND PROJECTS THIS AGREEMENT between the City of Arlington (“City”) and _____________ (“Contractor”); WITNESSETH, that the parties agree as follows: 1. Scope of Services to be Performed by Contractor. As defined in Attachment A appended hereto. 2. Time of Performance. The Contractor is to complete the work required by this Contract no later than December 31, 2014. 3. Compensation. The City will pay the Contractor for services as set forth in Attachment A, appended hereto. On completion of the work, the Contractor will submit properly executed invoices indicating hours expended and/or work performed as appropriate and consistent with the schedule of work outlined in Attachment A, “Scope of Work”. Total charges on this project shall not exceed the amount listed above. 4. Credit. Any publications or advertising produced as a result of this project will prominently feature the following credit: MADE POSSIBLE IN PART BY ASSISTANCE FROM THE CITY OF ARLINGTON HOTEL-MOTEL TAX FUND. 5. Copyrights. Where activities supported by this contract produce original books, articles, manuals, films, computer programs or other materials, the Contractor may copyright such materials upon obtaining the prior written approval of the City: PROVIDED that the City receives a royalty-free, non-exclusive and irrevocable license to reproduce, publish or use such material. Where such license is exercised, appropriate acknowledgment of Contractor's contribution will be made. 6. Changes. This Contract may be modified as to terms of performance, terms relating to compensation, or other matters upon mutual agreement of the parties, and shall become effective only upon written amendment to this Contract, such amendment to be executed by both parties. 2 (27-415 SJP/pb) 7. City Review/Approval. Upon submittal of any report or other information required by the scope of the work, the City may, following review by the City, accept such work or reject it, or request such modification or additions as it deems appropriate. Payment for such work will not be made until the work is accepted by the City. 8. Access to Books/Records. The City may, at reasonable times, inspect the books and records of the Contractor relating to the performance of this Contract. 9. Hold Harmless. The Contractor shall protect, save harmless, indemnify and defend, at its own expense, the City, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever, arising out of the performance of this Contract, including claims by Contractor's employees or third parties, except for those damages solely caused by the negligence or willful misconduct of the City, its elected and appointed officials, officers, employees or agents. 10. Legal Requirements. The Contractor shall comply with all applicable federal, state and local laws in performing this Contract. 11. Termination. a. If the Contractor breaches any of its obligations hereunder, and fails to cure the same within ten (10) days of written notice to do so by the City, the City may terminate this Contract, in which case the City shall pay the Contractor only for the costs of services accepted by the City prior to the City's notice of termination, in accord with the schedule referenced in section 3. b. The City may terminate this Contract upon thirty (30) days written notice to the Contractor for any reason other than stated in subsection (a) of this section, in which case the City shall pay the Contractor for all costs incurred by the Contractor in performing the Contract in accord with the schedule referenced in section 3. c. Termination shall not affect the rights of the City under section 4, 5, 7, 8 and 9 hereunder. 12. Exercise of Rights or Remedies. Failure of either party to exercise any rights or remedies under this Contract shall not be a waiver of any obligation by either party and shall not prevent either party from pursuing that right at any future time. 13. Records. Contractor must maintain adequate records to support billings. Said records shall be maintained for a period of five (5) years after completion of this Contract by the Contractor. The City or any of its duly authorized representatives shall have access to any books, documents or papers and records of the Contractor which are directly related to this Contract for the purposes of audit examinations, excerpts or transcripts. Expenditures under this Contract which are determined by audit to be ineligible for reimbursement and for which payment has been made to the Contractor shall be refunded to the City by the Contractor. 3 (27-415 SJP/pb) 14. Independent Contractor. Contractor agrees that Contractor will perform the services under this agreement as an independent contractor and not as an agent, employee or servant of the City. The parties agree that the Contractor is not entitled to any benefits or rights enjoyed by employees of the City. Contractor specifically has the right to direct and control Contractor's own activities in providing the agreed services in accordance with the specifications set out in this agreement. 15. Consent to Delegate. The Contractor shall not subcontract, assign or delegate any of the rights, duties or obligations covered by this agreement without the prior express written consent of the City. 16. Entire Agreement. This document constitutes the entire agreement between the parties. CONTRACTOR: _____________________________________ Date: _________________________ CITY OF ARLINGTON _____________________________________ Date: _________________________ James W. Chase, Finance Director 4 (27-415 SJP/pb) ATTACHMENT A ______________________________ PROJECT SCOPE OF WORK AND BUDGET CONTRACTOR: _________________________ PROJECT: Event SCOPE OF WORK 1. The ______________ (“Contractor”) will receive from City of Arlington (“City”) the amount of $0. Funds will reimburse the Contractor for eligible expenses incurred in executing the project more fully described in Attachment B appended hereto. Funds will reimburse the Contractor for eligible expenses incurred in executing the project more fully described in Attachment B appended hereto. 2. The period of this Contract shall run through December 31, 2014. 3. The Contractor will ensure that a substantial amount of any promotional materials underwritten in whole or in part by City funds will be directed at recipients outside of City of Arlington to ensure that out-of-city visitors are attracted. This will be accomplished by mailing materials out of the city and/or by placing appropriate materials with the Snohomish County Tourism Bureau. Any electronic advertising funded by this contract will be substantially directed at audiences outside of the City of Arlington. 4. For the purposes of this project, expenses eligible for reimbursement are defined as those listed in the “CITY” column of the attached Project Budget Sheet, that was included in the original grant application. Invoices to the City from the Contractor will include itemized receipts for all eligible expenditures for which the Contractor seeks reimbursement. In addition, if City funds underwrite in whole or in part any printed materials, print advertising or broadcast medium advertising, the Contractor will submit with the Contractor's reimbursement request for associated costs incurred: one (1) copies of printed materials; one copy of each print advertisement as printed; and one copy of the text of each broadcast medium advertisement. Contractor will also provide substantiation of the In-Kind matching funds as indicated on the Project Budget Sheet. City funds will not be used to reimburse any expenses incurred by the Contractor which provide direct promotional benefit to a specific private business entity. In order to ensure timely closeout of this project, the Contractor will submit final invoicing to the City for this project no later than January 16, 2015. By February 27, 2015, the Contractor will submit the Annual Event Expenditure Report (form included in the application) summarizing the project activity and summarizing how grant funds have enhanced cultural tourism in the City of Arlington. City of Arlington Council Agenda Bill Item: WS #4 Attachment D COUNCIL MEETING DATE: January 13, 2014 SUBJECT: Arlington Chamber of Commerce Memorandum of Understanding ATTACHMENTS: Memorandum of Understanding DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City of Arlington proposes a lease to the Chamber of Commerce approximately 280 square feet of office space to accommodate the Chamber offices and support the “VIC” Visitors Information Center located at Legion Park, 104 N. Olympic Avenue. HISTORY: The City of Arlington constructed new restrooms in 2011 for Legion Park. The facility includes space to accommodate a Visitors Information Center/Kiosk and is located in close proximity to the Centennial Trail, with event and visitors parking. The Chamber operates the Visitors Information Center for Arlington area and is currently located in a temporary facility near Walmart. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: No action requested. Memorandum of Understanding Between The Arlington - Smokey Point Chamber of Commerce And City of Arlington, Washington The parties hereto are the Arlington - Smokey Point Chamber of Commerce, a nonprofit corporation of the State of Washington (hereinafter referred to as “Chamber”) and the City of Arlington, Washington (hereinafter referred to as “City”) hereby enter into the following Memorandum of Understanding: Background The City of Arlington constructed new restrooms in 2011 for Legion Park. The facility includes space to accommodate a Visitors Information Center/ Kiosk and is located in close proximity to the Centennial Trail, with event and visitors parking. The Chamber operates the Visitors Information Center for Arlington area and is currently located in a temporary facility. Mutual Covenants The City will lease to the Chamber approximately 280 square feet of office space to accommodate Chamber offices and support the “VIC” Visitors Information Center in consideration of the following conditions which will be embodied in a formal lease agreement: 1. The lease term shall commence on February 1, 2014, and remain in effect for thirty six consecutive months, automatically renewing until terminated by one of the parties with one year notice or when agreed by both parties. 2. Rent is due annually in the sum of $7965.00. Payment of $4965.00 is due February 24, 2014, and each consecutive February 24th until the agreement is terminated. Chamber will provide $3,000 of the annual rent as in kind service of paid or volunteer labor operating the VIC. Volunteer labor will be valued using the IRS Volunteer labor rate. 3. Utilities included in the annual rent are limited to city water, sewer service, and power from Snohomish County Public Utilities District 1. 4. Chamber shall not sublet or make assignment of this agreement to any third party. 5. Chamber will provide insurance naming the City as additionally insured covering any liabilities occurring from Chamber business. 6. Chamber agrees to maintain the office and kiosk in clean sanitary condition. City agrees to maintain the exterior of premise and public restrooms. 7. Chamber agrees to operate office hours as a VIC open to the public for a minimum of 32 hours per week. 8. Chamber agrees to maintain the publications available to the public in the Kiosk. 9. Chamber will unlock the Kiosk and public restrooms daily by 9:00 AM. The City agrees to secure the kiosk and public restrooms daily at dusk. 10. The office area is leased unfurnished. Chamber is responsible for any furnishing and shall not make any alterations to the facility without written consent. DATED___________________________, 2014. _________________________________ _______________________________ Kristen Granroth, President Barbara Tolbert, Mayor Arlington- Smokey Point Chamber CITY OF ARLINGTON City of Arlington Council Agenda Bill Item: WS #5 Attachment E COUNCIL MEETING DATE: January 13, 2014 SUBJECT: Recreational Marijuana Land Use Code Amendment (LUCA) ATTACHMENTS: Draft Ordinance DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: LEGAL REVIEW: DESCRIPTION: This is a proposed amendment to Arlington Municipal Code (AMC) Title 20 (Land Use Code) Chapter 20.08 (Basic Definitions and Interpretations), Chapter 20.40 (Permissible Uses), and Chapter 20.48 (Density and Dimensional Regulations) to allow for the production and processing of recreational marijuana in the Light Industrial and General Industrial zones of the City as well as allow for the retailing of recreational marijuana in the General Commercial and Highway Commercial zones of the City. HISTORY: In 2012, Washington State voters approved Initiative 502, authorizing regulated production, processing, selling, and possession of marijuana by individuals within the State. The initiative gave the State Liquor Control Board (LCB) until December 1, 2013 to write implementing regulations and begin issuing licenses. Now that the State is issuing marijuana licenses, the City needs to update its land use regulations to accommodate the production, processing, and selling of marijuana within City limits. ALTERNATIVES None Proposed RECOMMENDED MOTION: No action at this time. Ordinance No. 2014-xxx 1 ORDINANCE NO. 2014-xxx AN ORDINANCE RELATING TO LAND USE AND ZONING; CREATING A NEW SECTION 20.40.040(5), A NEW SECTION 20.48.040(H) AND AMENDING SECTIONS 20.08.010 AND TABLE 20.40.010-1 OF THE ARLINGTON MUNICIPAL CODE TO ESTABLISH LOCAL RESTRICTIONS ON THE PRODUCTION, PROCESSING, SELLING, OR DELIVERY OF MARIJUANA, AND TO MAKE A MINOR MODIFICATION TO EXISTING ALLOWANCES FOR AGRICULTURAL USES IN GENERAL AND LIGHT INDUSTRIAL DESIGNATED AREAS. WHEREAS, Initiative Measure No. 502 (“I-502”) was passed by the voters of the State of Washington in November, 2012, providing a framework under which marijuana producers, processors, and retailers (collectively “marijuana businesses”) can become licensed by the Washington State Liquor Control Board (“LCB”), codified in Chapter 69.50 RCW; and WHEREAS, this ordinance does not address the legality of the conduct associated with the production, processing, and retailing of marijuana and should not be construed as approval or waiver of such uses as it relates to other applicable county, state, or federal laws; and WHEREAS, The State Liquor Control Board will not consider local zoning regulations in deciding whether to issue licenses for marijuana business, but marijuana business are required to comply with local zoning requirements; and WHEREAS, The State Liquor Control Board will issue one marijuana retailer license within the City, but a virtually unlimited number of marijuana producer licenses, and a virtually unlimited number of marijuana processor licenses such that the City cannot know the number of potential marijuana businesses that will locate within the City; and WHEREAS, the City Council finds that a legitimate governmental interest exists in the regulation of the locations of such facilities in the City of Arlington and to require all such facilities to obtain a City of Arlington business license; and WHEREAS, marijuana facilities operating under I-502 are not currently addressed in the Arlington Municipal Code (“AMC”); and WHEREAS, the City Council wishes to reduce the risk of confusion and code enforcement issues by adopting zoning regulations that provide clarity on where marijuana businesses may locate in the City of Arlington; and WHEREAS, the Arlington Planning Commission (“Planning Commission”) held a briefing on November 5, 2013, concerning the code amendments contained in this ordinance; and WHEREAS, the Planning Commission held a public hearing on January 23, 2014 to receive public testimony concerning the code amendments contained in this ordinance; and Ordinance No. 2014-xxx 2 WHEREAS, on February 3, 2014, the City Council held a public hearing after proper legal notice, and considered public comments and the entire record related to the proposal contained in this ordinance; and WHEREAS, following the public hearing, the City Council deliberated on the code amendments contained in this ordinance; NOW, THEREFORE, the City Council of the City of Arlington, Washington, do ordain as follows: Section 1. Findings. The City Council adopts the following findings in support of this ordinance: A. The foregoing recitals are adopted as findings as if set forth in full herein. B. This proposal is consistent with the following goals, objectives, and policies contained in the City’s GMA Comprehensive plan: GO-5 Encourage the development of the local economy by providing opportunity for processing and sales of locally produced resource industries, providing a predictable development atmosphere, emphasizing diversity in the range of goods and services, encouraging non-consumptive, sustainable markets, and ensuring that as the economy changes employment opportunities are balanced with a range of housing opportunities. GL-1 Economic Development: Attain the highest level of economic well- being possible for all citizens in Arlington through the achievement of a stable and diversified economy offering a wide variety of employment opportunities. GL-13 Promote an active and diverse industrial district in order to promote economic growth. GL-14 Ensure that impacts are kept to a minimum, especially those that affect adjoining, non-industrial zoned areas. PE-2.3 Identify sectors of the economy within Arlington where opportunity might exist to create additional jobs and identify potential strategies for attracting employment. In particular, provide a supportive business environment for start-up, light manufacturing and assembly businesses in the airport/industrial area. GE-5 Foster economic development throughout the City’s many economic subareas. C. Procedural requirements: 1. This ordinance is consistent with state law and Sections 20.96.011 through 20.96.070 of the AMC. 2. State Environmental Policy Act, Chapter 43.21C RCW (“SEPA”), requirements with respect to this non-project action have been satisfied through the completion of an environmental checklist and the issuance of a determination of non-significance on December 19, 2013. Ordinance No. 2014-xxx 3 3. Pursuant to RCW 36.70A.106(1), a notice of intent to adopt this ordinance was transmitted to the Washington State Department of Commerce for distribution to state agencies on December 23, 2013. 4. The public participation process used in the adoption of this ordinance has complied with all applicable requirements of the GMA and the AMC. 5. As required by RCW 36.70A.370, the Washington State Attorney General last issued an advisory memorandum in December of 2006 entitled “Advisory Memorandum: Avoiding Unconstitutional Takings of Private property” to help local governments avoid the unconstitutional taking of private property. The process outlined in the State Attorney General’s 2006 advisory memorandum was used by the City in objectively evaluating the regulatory changes proposed by this ordinance. D. This ordinance is consistent with the record, as follows. 1. The lack of regulations addressing marijuana facilities may create nonconforming uses and potential code enforcement issues. 2. Marijuana producers, processors, and retailers may operate in the City of Arlington pursuant to the following restrictions: a. Marijuana producers, processors, and retailers must comply with all requirements of state law and the Washington State Liquor Control Board’s regulations; b. Marijuana retail businesses are appropriate in Highway Commercial and General Commercial zones. Marijuana retail is similar to other retail uses as well as liquor stores and is compatible with these zoning designations; c. Marijuana processing and marijuana production are appropriate in the Light Industrial and General Industrial zones. Marijuana processing and production are similar to manufacturing and industrial uses and are compatible with these zoning regulations; d. Marijuana production and processing facilities in excess of 10,000 square feet will have potential negative local economic and environmental impacts and may not be compatible with surrounding uses in the Light Industrial and General Industrial zones. For these reasons, marijuana production and processing will be limited to a maximum Tier 2 size facility (equal to or less than 10,000 square feet). 3. Adopting definitions for marijuana related facilities is necessary to provide clarity and consistency. The definition for “Marijuana” is consistent with RCW 69.50.101(s) as amended by SSB5524 in 2013. The definition for “Marijuana processor” is consistent with RCW 69.50.101(t) as amended by SSB 5524 in 2013. The definition for “Marijuana producer” is consistent with RCW 69.50.101(u) as amended by SSB 5524 in 2013. The definition for “Marijuana retailer” is consistent with RCW 69.50.101(ff) as amended by SSB 5524 in 2013. 4. Restricting marijuana facilities as a home occupation is necessary to prevent impacts to residential neighborhoods and to protect the public health safety and welfare and is consistent with proposed WAC 314-55-015(5) where the LCB has indicated that it will not approve any marijuana license where law enforcement access, without notice or cause, is limited, such as at residences. Ordinance No. 2014-xxx 4 F. The City Council further makes these conclusions: 1. The proposal is consistent with the goals, policies, and objectives of the City’s GMA Comprehensive Plan. 2. The proposal is consistent with Washington State law and the Arlington Municipal Code. 3. The City has complied with all SEPA requirements in respect to this non- project action. 4. The regulations proposed by this ordinance do not result in an unconstitutional taking of private property for a public use. 5. This ordinance is necessary to prevent marijuana facilities from locating in areas where they would be detrimental to the public health, safety, and welfare. Section 2. Arlington Municipal Code Section 20.08.010 (Definition of basic terms), shall be and hereby is amended by adding the following definitions: 20.08.010 - Definitions of basic terms. … “Marijuana” means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include; 1. the mature stalks of the plant; 2. fiber produced from the mature stalks of the plant; 3. oil or cake made from the seeds of the plant; 4. any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or 5. the sterilized seed of the plant which is incapable of germination. “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana. “Marijuana, useable” means dried marijuana flowers. The term “useable marijuana” does not include marijuana-infused products. “Marijuana production” means a facility licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. “Marijuana processing” means a facility licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and Ordinance No. 2014-xxx 5 label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesales to marijuana retailers”. “Marijuana retail” means a facility licensed by the State Liquor Control Board to sell useable marijuana and marijuana-infused products in a retail outlet. Section 3. Arlington Municipal Code Section 20.40.010 (Table of Permissible Uses) is amended by adding the following use descriptions to the table and adding footnote 27 to read as follows: Table 20.40-1: Table of Permissible Uses USE DESCRIPTIONS ZONES SR RLMD RMD RHD OTR NC OTB1 OTB2 OTB3 GC HC BP LI GI AF MS P/SP 34.000 MARIJUANA PRODUCTION, PROCESSING, AND RETAIL 34.100 Marijuana production Z27 Z27 34.200 Marijuana processing Z27 Z27 34.300 Marijuana retail Z Z Footnotes to the Table of Permissible Uses 27 Agricultural products limited to marijuana production and processing. Subject to Section 20.48.040 (Building Setback Requirements) and marijuana production and processing shall be limited to Tier 2 size as defined in WAC 314-55-075(6). Section 4. Arlington Municipal Code Section 20.40.040 (Permissible uses and specific exclusions) is amended by adding a new subsection (5), to read as follows: (5) The following activities, including any similar activities, are prohibited as home occupations in all zones: marijuana production, marijuana processing, and marijuana retail. Section 5. Arlington Municipal Code Section 20.48.040 (Building setback requirements) is amended by adding a new subsection (h), to read as follows: (h) Marijuana producing and processing buildings shall be set back a minimum of thirty feet for indoor operations and fifty feet for outdoor operations. Ordinance No. 2014-xxx 6 Section 6. Severability. Should any section, paragraph, sentence, clause, or phrase of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Provided, however, that if any section, sentence, clause, or phrase of this ordinance, or any change in a land use designation is held to be invalid by a court of competent jurisdiction, or by the Growth Management Hearings Board, then the section, sentence, clause, phrase, or land use designation in effect prior to the effective date of this ordinance, shall be in full force and effect for that invalidated section, sentence, clause, phrase, or land use designation, as if this ordinance had never been adopted. Section 7. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days of the date of publication. Section 8. Copy to Commerce Department. Pursuant to RCW 36.70A.106(3), the City Clerk is directed to send a copy of the amendments to the State Department of Commerce for its files within ten (10) days after adoption of this ordinance. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ____ DAY OF FEBRUARY, 2014. CITY OF ARLINGTON: ______________________________________ Barbara Tolbert, Mayor ATTEST: ______________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: ______________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: WS #6 Attachment F COUNCIL MEETING DATE: January 13, 2014 SUBJECT: Selection of Mayor Pro Tem ATTACHMENTS: Adopted Council Rules of Procedure DEPARTMENT OF ORIGIN Administration - Contact Allen Johnson, 360-403-3441 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The City Council is to select a Mayor Pro Tem every two years. The Council Rules of Procedure state as follows: Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro Tem will be selected by a majority vote of the Council members at the second meeting in January in even years or when there is a vacancy. In selecting the Mayor Pro Tem, the Council will be guided by the following principles: • To preserve continuity in the office, the Mayor Pro Tem shall generally serve for a term of two (2) years. • The Mayor Pro Tem should have served as a Council member for at least two (2) years before appointment to the office of Mayor Pro Tem. • In general, the appointment of Mayor Pro Tem will be to the eligible Council member who has served the longest in office. The Alternate Mayor Pro Tem will be the Council member that most recently served as Mayor Pro Tem. HISTORY: Past Mayor Pro Tems: Sally Lien (2006-2007) Marilyn Oertle (2008-2009) Steve Baker (2010-2011) Marilyn Oertle (2012-2013) ALTERNATIVES No alternatives. RECOMMENDED MOTION: No action at this time. The Council will be asked to select the Mayor Pro Tem at the next Council meeting. City of Arlington Updated 2010 City Council Rules of Procedure August 31, 2010 Page 1 City Council Rules of Procedure I General Rules 1.1 Meetings to be Public: All official meetings of the Arlington City Council shall be open to the public with the exception of executive sessions for certain limited topics (as defined in RCW Chapter 42.30). The journal of proceedings (minute book) shall be open to public inspection. 1.2 Quorum: Four Council members shall be in attendance to constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time, but no adjournment shall be for a longer period than until the next regular meeting. 1.3 Attendance, Excused Absences: RCW 35A. 12.060 provides that a Council member shall forfeit his/her office by failing to attend three (3) consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Chair prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the Chair, the member shall contact the City Clerk or Deputy City Clerk, who shall convey the message to the Chair. The Chair shall inform the Council of the member's absence, state the reason for such absence and inquire if there is a motion to excuse the member. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Recorder will make an appropriate notation in the minutes. If the motion is not passed, the Recorder will note in the minutes that the absence is unexcused. 1.4 Journal of Proceedings: A journal of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Council. 1.5 Right of Floor: Any member desiring to speak shall be recognized by the Chair and shall confine his/her remarks to one subject under consideration or to be considered. 1.6 Rules of Order. Roberts Rules of Order Newly Revised shall be the guideline procedures for the proceedings of the Council. If there is a conflict, these rules shall apply. 2. Types of Meetings 2.1 Regular Council Meetings: The Council shall meet on the first and third Monday of each month at 7 p.m. When a Council meeting falls on a holiday, the Council shall meet on Tuesday following the Monday holiday. The Council may reschedule regular meetings August 31, 2010 Page 2 to a different date or time by motion. The location of the meetings shall be the Council Chambers at 110 E. Third Street, unless specified otherwise by a majority vote of the Council. All regular and special meetings shall be public. 2.2 Special Meetings: Special meetings may be called by the Mayor or any four (4) members of the Council. The City Clerk shall prepare a notice of the special meeting stating the time, place and business to be transacted. The City Clerk shall attempt to notify each member of the Council, either by telephone or otherwise, of the special meeting. The City Clerk shall give at least 24 hours' notice of the special meeting to each local newspaper of general circulation and to each local radio and/or television station, which has filed with the Clerk a written request to be notified of special meetings. No subjects other than those specified in the notice shall be considered. The Council may not make final disposition on any matter not mentioned in the notice. Special meetings may be called in less than 24 hours, and without the notice required in this section, to deal with emergencies involving injury or damage to persons or property or the likelihood of such injury or damage if the notice requirements would be impractical or increase the likelihood of such injury or damage. 2.3 Continued and Adjourned Sessions: Any session of the Council may be continued or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting. 2.4 Study Sessions and Workshops: The Council may meet informally in study sessions and workshops, at the call of the Mayor or of any three or more members of the Council, to review forthcoming programs of the city, receive progress reports on current programs or projects, receive other similar information from city department heads or conduct procedures workshops, provided that all discussions and conclusions thereon shall be informal and do not constitute official actions of the Council. Study sessions and workshops held by the Council are "special meetings" of the Council, and the notice required by RCW 42.30.080 must be provided. 2.5 Executive Sessions: Executive sessions or closed meetings may be held in accordance with the provisions of the Washington State Open Public Meetings Act (Chapter 42.30 RCW). Among the topics that may be discussed in executive session or closed meetings are: (1) personnel matters; (2) consideration of acquisition of property for public purposes or sale of city-owned property; and (3) potential or pending litigation in which the city has an interest, as provided in the Revised Code of Washington. The Council may hold an executive session during a regular or special meeting. Before convening in executive session the Chair shall publicly announce the purpose for excluding the public from the meeting place and the time when the executive session will be concluded. If the Council wishes to adjourn at the close of a meeting from executive session, that fact will be announced along with the estimated time for the executive August 31, 2010 Page 3 session. The announced time limit for executive sessions may be extended to a stated later time by the announcement of the Chair. 2.6 Attendance of Media at Council Meetings: All official meetings of the Council and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. 3. Chair and Duties 3.1 Chair: The Mayor, if present, shall preside as Chair at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a Chair. 3.2 Call to Order: The meetings of the Council shall be called to order by the Mayor or, in his absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Clerk or Clerk's designee for the election of a temporary Chair. 3.3 Preservation of Order: The Chair shall preserve order and decorum; prevent attacks on personalities or the impugning of members' motives and confine members in debate to the question under discussion. 3.4 Points of Order: The Chair shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be "Shall the decision of the Chair be sustained?" 3.5 Questions to be Stated: The Chair shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon all questions. 3.6 Mayor - Powers: The Mayor may not make or second motions, but may participate in debate to the extent that such debate does not interfere with chairing the meeting. If the mayor wishes to participate vigorously in the debate of an issue, the Mayor shall turn over chairing of that portion of the meeting to the Mayor Pro Tem, or to another Council member if the Mayor Pro Tem is absent. The Mayor's voting rights and veto power are as specified in RCW 35A. 12. 100. 4. Order of Business and Agenda 4.1 Order of Business: The order of business for all regular meetings shall be transacted as follows unless the Council, by a majority vote of the members present suspends the rules and changes the order: (1) Call to Order (2) Pledge of Allegiance August 31, 2010 Page 4 (3) Visitors (4) Presentations/Proclamations/Communications (5) Consent Agenda (6) Action Items (7) Council Committee Reports (8) Information (9) Executive Session (10) Reconvene (11) Adjourn The Consent Agenda may contain items which are of a routine and non-controversial nature which may include, but are not limited to, the following: meeting minutes, payroll, claims, budget amendments, park use requests and any item previously approved by Council with a unanimous vote and which is being submitted to Council for final approval. Any item on the Consent Agenda may be removed and considered separately as an agenda item at the request of any Council member or any person attending a Council meeting. 4.2 Council Agenda: The mayor shall prepare the agenda for Council meetings. Subject to the Council's right to amend the agenda, no legislative item shall be voted upon which is not on the Council agenda, except in emergency situations (defined as situations which would jeopardize the public's health, safety or welfare). 4.3 Mayor and Council member Comments and Concerns: The agenda shall provide a time when the Mayor ("Mayor's Reports") or any Council member ("Comments From Council members") may bring before the Council any business that he/she feels should be deliberated upon by the Council. These matters need not be specifically listed on the agenda, but formal action on such matters may be deferred until a subsequent Council meeting, except that immediate action may be taken upon a vote of a majority of all members of the Council. There shall be no lectures, speeches or grandstanding. 5. Consensus and Motions 5.1 Motions: No motion shall be entertained or debated until duly seconded and announced by the Chair. The motion shall be recorded and, if desired by any Council member, it shall be read by the Recorder before it is debated and, by the consent of the Council, may be withdrawn at any time before action is taken on the motion. 5.2 Votes on Motions: Votes shall be taken by voice vote; provided, that any member of the Council may request a roll call vote on any matter. Each member present shall vote on all questions put to the Council except on matters in which he or she has been disqualified for a conflict of interest or under the appearance of fairness doctrine. Such member shall disqualify him or herself prior to any discussion of the matter and shall August 31, 2010 Page 5 leave the Council Chambers. When disqualification of a member or members results or would result in the inability of the Council at a subsequent meeting to act on a matter on which it is required by law to take action, any member who was absent or who had been disqualified under the appearance of fairness doctrine may subsequently participate, provided such member first shall have reviewed all materials and listened to all tapes of the proceedings in which the member did not participate. 5.3 Failure to Vote on a Motion: Any Council member present who fails to vote without a valid disqualification shall be declared to have voted in the affirmative on the question. 5.4 Motions to Reconsider: A motion to reconsider must be made by a person who voted with the majority on the principal question and must be made at the same or succeeding regular meeting. No motion to reconsider an adopted quasi-judicial written -decision shall be entertained after the close of the meeting at which the written findings were adopted. 6. Public Hearing Procedures 6.1 Speaker Sign-In: Prior to the start of a public hearing the Chair may require that all persons wishing to be heard sign in with the Recorder, giving their name and whether they wish to speak as a proponent, opponent or from a neutral position. Any person who fails to sign in shall not be permitted to speak until all those who signed in have given their testimony. The Chair, subject to the concurrence of a majority of the Council, may establish time limits and otherwise control presentations. (Suggested time limit is three minutes per speaker or five minutes when presenting the official position of an organization or group.) The Chair may change the order of speakers so that testimony is heard in the most logical groupings (i.e. proponents, opponents, adjacent owners, etc.). 6.2 Conflict of Interest/Appearance of Fairness: Prior to the start of a public hearing the Chair will ask if any Council member has a conflict of interest or Appearance of Fairness Doctrine concern which could prohibit the Council member from participating in the public hearing process. A Council member who refuses to step down after challenge and the advice of the City Attorney, a ruling by the Mayor or Chair and/or a request by the majority of the remaining members of the Council to step down is subject to censure. The Council member who has stepped down shall not participate in the Council decision nor vote on the matter. The Council member shall leave the Council Chambers while the matter is under consideration, provided, however, that nothing herein shall be interpreted to prohibit a Council member from stepping down in order to participate in a hearing in which the Council member has a direct financial or other personal interest 6.3 The Public Hearing Process: The Chair introduces the agenda item, opens the public hearing and announces the following Rules of Order: August 31, 2010 Page 6 (1) All comments by proponents, opponents or other members of the public shall be made from the podium; any individuals making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. (2) No comments shall be made from any other location. Anyone making "Out of Order" comments shall be subject to removal from the meeting. If you are disabled and require accommodation, please advise the Recorder. (3) There will be no demonstrations during or at the conclusion of anyone's presentation. (4) These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising his/her right of free speech. · The Chair calls upon city staff to describe the matter under consideration. · The Chair calls upon proponents, opponents and all other individuals who wish to speak regarding the matter under consideration. · The Chair inquires as to whether any Council member has questions to ask the proponents, opponents, speakers or staff. If any Council member has questions, the appropriate individual will be recalled to the podium. · The Chair continues the public hearing to a time specific or closes the public hearing. 7. Duties and Privileges of Citizens 7.1 Meeting Participation: Citizens are welcome at all Council meetings and are encouraged to attend and participate prior to the deliberations of the Council. Recognition of a speaker by the Chair is a prerequisite and necessary for an orderly and effective meeting, be the speaker a citizen, Council member or staff member. Further, it will be expected that all speakers will deliver their comments in a courteous and efficient manner and will speak only to the specific subject under consideration. Anyone making out-of- order comments or acting in an unruly manner shall be subject to removal from the meeting. Use of cellular telephones is prohibited in the Council Chambers. 7.2 Subjects Not on the Current Agenda: Under agenda item "Comments From Citizens" citizens may address any item they wish to discuss with the Mayor and Council. They shall first obtain recognition by the Chair, state their name, address and subject of their comments. The Chair shall then allow the comments, subject to a three (3) minute limitation per speaker, or other limitations as the Chair or Council may deem necessary. Following such comments, if action is required or has been requested, the Chair may place the matter on the current agenda or a future agenda or refer the matter to staff or a Council committee for action or investigation and report at a future meeting. 7.3 Subjects on the Current Agenda: Any member of the public who wishes to address the Council on an item on the current agenda shall make such request to the Chair or Presiding Officer. The Chair shall rule on the appropriateness of public comments as the agenda item is reached. The Chair may change the order of speakers so that testimony is heard in the most logical grouping (i.e. proponents, opponents, adjacent owners, etc.). All August 31, 2010 Page 7 comments shall be limited to three (3) minutes per speaker, or other limitations as the Chair or Council may deem necessary. 7.4 Manner of Addressing the Council - Time Limit: Each person addressing the Council shall step up to the podium, give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the Council, shall limit his/her remarks to three (3) minutes. Agenda items "Comments From Citizens" and "Continued Comments From Citizens" shall be limited to a total of 30 minutes each, unless additional time or less time is agreed upon by the Council (dependent upon the length of the Council agenda). All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Chair, members of the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked of the Council members, except through the Chair. 'The Council will then determine the disposition of the issue (information -only, place on present agenda, workshop, a future agenda, assign to staff, assign to Council Committee or do not consider). 7.5 Personal and Slanderous Remarks: Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council may be requested to leave the meeting and may be barred from further audience before the Council during that Council meeting by the Chair or Presiding Officer. 7.6 Written Communications: Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the city's business or over which the Council had control at any time. The written communication may be submitted by direct mail or by addressing the communication to the City Clerk who will distribute copies to the Council members. The communication will be entered into the record without the necessity for reading as long as sufficient copies are distributed to members of the audience/public. 7.7 Comments in Violation of the Appearance Of Fairness Doctrine: The Chair may rule out of order any comment made with respect to a quasi-judicial matter pending before the Council or its Boards or Commissions. Such comments should be made only at the hearing on a specific matter. If a hearing has been set, persons whose comments are ruled out of order will be notified of the time and place when they can appear at the public hearing on the matter and present their comments. 7.8 ”Out of Order” Comments: Any person whose comments have been ruled out of order by the Chair shall immediately cease and refrain from further improper comments. The refusal of an individual to desist from inappropriate, slanderous or otherwise disruptive remarks after being ruled out of order by the Chair may subject the individual to removal from the Council Chambers. These rules are intended to promote an orderly system of holding a public meeting and to give every person an opportunity to be heard. August 31, 2010 Page 8 8. Filling Council Vacancies and Selecting Mayor Pro Tem 8.1 Notice of Vacancy: If a Council vacancy occurs, the Council will follow the procedures outlined in RCW 42.12.070. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy and the procedure and deadline for applying for the position. 8.2 Application Procedure: The Council will draw up an application form which contains relevant information that will answer set questions posed by Council. The application form will be used in conjunction with an interview of each candidate to aid the Council's selection of the new Council member. 8.3 Interview Process: All candidates who submit an application by the deadline will be interviewed by the Council during a regular or special Council meeting open to the public. The order of the interviews will be determined by drawing the names; in order to make the interviews fair, applicants will be asked to remain outside the Council Chambers while other applicants are being interviewed. Applicants will be asked to answer questions submitted to them in advance of the interview and questions posed by each Council member during the interview process. The Council members will ask the same questions of each candidate. Each candidate will then be allowed two (2) minutes for closing comments. Since this is not a campaign, comments and responses about other applicants will not be allowed. 8.4 Selection of Council member: The Council may recess into executive session to discuss the qualifications of all candidates. Nominations, voting and selection of a person to fill the vacancy will be conducted during an open public meeting. 8.5 Selecting Mayor Pro Tem and Alternate Mayor Pro Tem: The Mayor Pro Tem will be selected by a majority vote of the Council members at the second meeting in January in even years or when there is a vacancy. In selecting the Mayor Pro Tem, the Council will be guided by the following principles: • To preserve continuity in the office, the Mayor Pro Tem shall generally serve for a term of two (2) years. • The Mayor Pro Tem should have served as a Council member for at least two (2) years before appointment to the office of Mayor Pro Tem. • In general, the appointment of Mayor Pro Tem will be to the eligible Council member who has served the longest in office. The Alternate Mayor Pro Tem will be the Council member that most recently served as Mayor Pro Tem. 9. Creation of Committees, Boards and Commissions August 31, 2010 Page 9 9.1 Citizen Committees, Boards and Commissions: The Council may create committees, boards and commissions to assist in the conduct of the operation of city government with such duties as the Council may specify not inconsistent with the city code. 9.2 Membership and Selection: Membership and selection of members shall be as provided by the Council if not specified otherwise in the city code. Any committee, board or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to the Council or to the Mayor except as otherwise specified in the city code. 10. Suspension and Amendment of These Rules 10.1 Suspension of these Rules: Any provision of these rules not governed by the city code may be temporarily suspended by a vote of a majority of the Council. 10.2 Amendment of These Rules: These rules may be amended or new rules adopted by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. ATTACHMENT City of Arlington Council Agenda Bill Item: WS #7 Attachment G COUNCIL MEETING DATE: January 9, 2014 SUBJECT: Property Tax Levy Lid Lift Resolution ATTACHMENTS: Property Tax Levy Lid Lift Resolution DEPARTMENT OF ORIGIN Administration / Legal EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Attached is the final draft of the resolution to send a property tax levy lid lift ballot measure to the voters. All changes requested by Council have been incorporated into this version, including the revised ballot language that was developed at the November 12, 2013 Council Workshop. Council requested staff to provide potential revenue options after the ten year budget projection presented at the 2013 City Council retreat demonstrated that the City does not have the financial capacity to continue to maintain status as a Full Service City. Without additional revenues, the quality of life in Arlington will, out of necessity, have to be reduced to a level we have never seen before. HISTORY: Since the recession in 2008, the City has applied every tool and band aid approach available to maintain the current level of services. These approaches have reached the end of their useful life and a more stable revenue stream must be implemented to continue services at the current level. ALTERNATIVES RECOMMENDED MOTION: No action at this time. Council will be asked to approve the resolution at the January 21st meeting. 1 (27-586 SJP/pb) RESOLUTION NO. 2014-xxx A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON PROVIDING FOR THE SUBMISSION OF A PROPOSITION TO THE QUALIFYING VOTERS OF THE CITY OF ARLINGTON AT THE APRIL 2014 PRIMARY ELECTION FOR THEIR RATIFICATION OR REJECTION, PROVIDING FOR AUTHORITY TO LEVY A PERMANENT INCREASE IN THE REGULAR PROPERTY TAX LEVY AT OF 58¢ TO THE RATE OF $1.96 $1.955 PER $1,000 OF ASSESSED VALUE, WHICH IS IN EXCESS OF THE LIMIT FACTOR ESTABLISHED IN RCW 84.55.005 AND 84.55.010; SETTING FORTH THE BALLOT PROPOSITION; DIRECTING THE CITY CLERK TO CERTIFY TO THE COUNTY AUDITOR A CERTIFIED COPY OF THIS RESOLUTION; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO __________________________________________ WHEREAS, the City of Arlington is an optional municipal code City, located in Snohomish County, Washington, duly organized and existing pursuant to the laws of the State of Washington; and WHEREAS, the City is authorized to levy a permanent regular property tax not to exceed $3.10 per $1,000 of assessed value on the property within the City; and WHEREAS, the City of Arlington has historically maintained one of the lowest property tax levels in Snohomish County; and WHEREAS, over the past eleven years, Initiative 747 (codified in RCW 84.55.005 - .0101) has limited the increase in property tax revenues to the City to a rate that has been less than the actual rate of inflation for the costs of providing services to the citizens of the City, causing an ongoing structural budget deficit; and WHEREAS, the current economic decline has required the City to freeze hiring and to reduce or eliminate nineteen staff positions and reduce almost $2 million dollars in payroll annually over the past four years, to implement required furlough days for remaining non- represented employees, to eliminate cost of living adjustments (COLAs) for non-represented employees; and the city’s public safety employees agreed to reduced holiday pay and overtime to try to balance the budget; and WHEREAS, in the most recent State Audit, the Auditor’s office found that the City’s overall financial condition has declined significantly since 2010, and recommends that the City develop a formal financial plan to address its cash flow issues; and WHEREAS, the 2014 General Fund budget can only be balanced by eliminating all contributions to the City’s Equipment Replacement Fund, meaning the replacement of vehicles and equipment citywide and self contained breathing apparatus (SCBA) and turnout gear for the 2 (27-586 SJP/pb) fire department will not occur, and even with these cuts, significant ongoing shortfalls will occur in future years, with projected shortfalls beginning in 2015 and increasing thereafter; and WHEREAS, without additional revenues, the City will be required to substantially reduce basic services to the citizens of the City, including services related to public safety, parks and other community services; and WHEREAS, RCW 84.55.050(1) authorizes a city council to place a proposition before the voters to authorize a permanent increase in regular property tax levies; and WHEREAS, the City Council desires to offset the ongoing loss of revenues resulting from the ongoing structural deficit and economic downturn by allowing the electors to approve or reject a proposition under RCW 84.55.050(1) to authorize the City Council to levy the City’s regular property tax in an amount that exceeds the limit factor that would otherwise be prescribed by RCW 84.55.010; and WHEREAS, the proceeds of the increase in the regular property tax on real property that would be authorized by the ballot proposition requested below will provide funding for the continuation of basic services provided by the City to its citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 84.55.050(1) and RCW 29A.04.330, an election is hereby requested to be called, conducted and held within the City of Arlington on Tuesday, April 22, 2014, for the purpose of submitting to the qualified electors of the City, for their ratification or rejection, a proposition approving a permanent increase in the City’s regular property tax levy exceeding the limit factor provided in RCW 84.55.005 - .0101, as more specifically described in Section 2 below. Section 2. The proposition would authorize the City to levy the regular property tax at a rate of $1.96$1.955 per $1,000 of assessed value on property in the City for collection in the year 2015, and use the 2015 levy rate to recalculate subsequent levy limits thereafter. Section 3. The proposition to be submitted to the electorate of the City shall read substantially as follows: CITY OF ARLINGTON PROPOSITION NO. 1 PERMANENT LEVY LID LIFT FOR THE RETENTION OF BASIC PUBLIC SAFETY AND OTHER SERVICES The City Council of the City of Arlington adopted Resolution No. 20132014-xxx concerning voter approval of its regular property tax levy. 3 (27-586 SJP/pb) To retain essential city services including police, fire, parks, playgrounds, economic development, and maintenance and operation of city facilities, this proposition would (1) permanently increase the regular property tax levy above the limit factor, to a rate of $1.96 $1.955 per $1,000 assessed value for collection in 2015 (a 58¢ increase), and (2) authorize use of the 2015 levy amount as the base for computing levies in succeeding years; all as set forth in Resolution 2014-xxx. Should this proposition be approved? YES: _______ NO: _______ Section 4. The Mayor and City Attorney are authorized to make such minor adjustments to the wording of such proposition as may be recommended by the Snohomish County Records, Elections and Licensing Services Division, as long as the intent of the proposition remains clear and consistent with the intent of this Resolution as approved by the City Council. Section 5. The election will be held on Tuesday, April 22, 2014. Section 6. In the event the proposition specified in Section 3 above is approved, the City Council shall levy and there shall be collected a regular tax on real property in the City at the rate of $1.96$1.955 per $1,000 assessed valuation for collection in 2015. Section 7. The Snohomish County Auditor Elections and Voter Registration Division, as the City’s ex officio Supervisor of Elections, is hereby requested to call and conduct said election on Tuesday, April 22, 2014, and submit to the qualified electors of the City the proposition set forth herein. Section 8. The Snohomish County Auditor Elections and Voter Registration Division shall cause a notice of election substantially in the form attached as Exhibit “A” referred to herein, to be published at least once in a newspaper of general circulation within the City. Such publication shall take place not more than ten days or less than three days prior to April 22, 2014. Section 9. The Snohomish County Auditor Elections and Voter Registration Division, as the City’s ex officio Supervisor of Elections shall conduct the election, canvas the vote and certify the results in the manner provided by law. Section 10. This resolution shall take effect five days after publication and posting as required by law. Section 11. If any provision of this resolution is determined to be invalid or unenforceable for any reason the remaining provisions shall remain in force and effect. Section 12. The findings of fact as set forth above are hereby incorporated by reference. 4 (27-586 SJP/pb) PASSED BY THE CITY COUNCIL ON THE _____ DAY OF ___________, 2014, BY A MAJORITY OF THE MEMBERS OF THE CITY COUNCIL. CITY OF ARLINGTON _________________________________ Barb Tolbert, Mayor ATTEST: _________________________________ Kristin Banfield, City Clerk APPROVED AS TO FORM: _______________________________ Steve Peiffle, City Attorney 5 (27-586 SJP/pb) EXHIBIT “A” CITY OF ARLINGTON PROPOSITION NO. 1 PERMANENT LEVY LID LIFT FOR THE RETENTION OF BASIC PUBLIC SAFETY AND OTHER SERVICES The City Council of the City of Arlington adopted Resolution No. 20132014-xxx concerning voter approval of its regular property tax levy. To retain essential city services including police, fire, parks, playgrounds, economic development, and maintenance and operation of city facilities, this proposition would (1) permanently increase the regular property tax levy above the limit factor, to a rate of $1.96$1.955 per $1,000 assessed value for collection in 2015 (a 58¢ increase), and (2) authorize use of the 2015 levy amount as the base for computing levies in succeeding years; all as set forth in Resolution 20132014-xxx. Should this proposition be approved? YES: _______ NO: _______