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Home My WebLink About04-27-2015 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert - Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Chris Raezer WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN 1. United Way One Year Report--Disaster Recovery Fund For Mudslide Relief 2. March 2015 Financial Report ATTACHMENT A Staff Presentation: Roxanne Guenzler 3. Cabaret Licenses ATTACHMENT B Staff Presentation: Chris Young Council Liaison: Marilyn Oertle 4. DUI Memorial Sign Program ATTACHMENT C Staff Presentation: Jay Downing Council Liaison: Randy Tendering 5. Miscellaneous Council Items EXECUTIVE SESSION RECONVENE PUBLIC COMMENT For members of the public to speak to the Council regarding matters on the Council Workshop agenda. Please limit your remarks to three minutes. ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here Arlington City Council Workshop Monday, April 27, 2015 – 7:00p.m. City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill Item: WS #2 Attachment A COUNCIL MEETING DATE: April 27, 2015 Workshop SUBJECT: March 2015 Financial Report ATTACHMENTS: Financial Reports – Narrative Revenue Charts General Fund Operating Statement Other Funds Operating Statements DEPARTMENT OF ORIGIN Finance; Contact Roxanne Guenzler 360-403-3424 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Staff will answer any questions regarding the attached Financial Reports. HISTORY: ALTERNATIVES RECOMMENDED MOTION: Workshop; discussion only. 1 2015 March Financial Report ‐ Roxanne Guenzler, Interim Finance Director GENERAL FUND The General Fund Ending Balance for March totaled just $199,368. We spent $12,322 more than was collected in March. Given that the majority of the General Fund revenue is received just two times a year, it is critical to have a healthy beginning fund balance to ensure we can cover all of our expenses throughout the year. We will see an increase in April as first half property taxes are received. Retail Sales Tax dollars (1%) received in the General Fund in March (from January sales) was approximately $16,650 more than the amount received for the same month in 2014. Gambling taxes through March were also ahead of 2014 year‐to‐date collections. We have collected approximately $8,545 more than the amount received for the same time period last year. Building permits also saw an increase in March due to Dwayne Lane obtaining permit for Island Crossing auto dealership. Permits are currently at 23.61% of budget. OTHER FUNDS Emergency Medical Services Fund received $99,835 in transport fees in March. This fund needed an interfund loan of $95,140 to avoid being in a negative fund balance positon at the end of March. Total year‐to‐date the Growth Fund has loaned the EMS fund $325,698. We anticipate the EMS fund will be able to pay back majority if not all of the loan when property taxes are received in April/May. Motor Vehicle Excise (fuel) taxes received in the Street Fund through March totaled $89,212, about 23.1% of the budgeted amount of $385,000. This is meeting expected revenue projections. Transportation Benefit District received $61,037 in March (January sales) which is the right on target with 26.2% of revenue collected. INVESTMENTS The city received $31,380 in interest income for the 1st Quarter of 2015. This interest income is distributed monthly based on individual fund balances. Following is the usual charts for some of the major revenue sources and operating statements for each fund. City of Arlington Council Agenda Bill Item: WS #3 Attachment B COUNCIL MEETING DATE: April 27, 2015 SUBJECT: Deleting Chapter 5.16 Titled “Cabarets” from the AMC ATTACHMENTS: Power Point, Ordinance & Building Code references DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: This Chapter of the AMC is no longer needed since the regulation associated with a Cabaret is regulated by the Building Code and since the process is duplicated through the Business License. HISTORY: A request to allow dancing was received on 10/19/1970 from the Whitehorse Tavern. A similar request was received from the Vancouver Tavern on 11/2/1970. These requests were sent to a Police Committee, who later recommended approval regulated under the annual Cabaret License. The original ordinance was adopted on 2/1/1971. The regulations in the ordinance have since been replaced with current code regulations and other processes, such as the Business Licenses, which makes the Cabaret License obsolete. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Worksho ; discussion onl . Cabaret Licenses AMC Chapter 5.16 - CABARETS History Adopted 2/1/1971 as a mechanism to regulate dancing in taverns. Initiated by requests from the Whitehorse and Vancouver Taverns. Police Committee recommended adoption by City Council in the form of a Cabaret License. Requires a license for establishments that have an area 200sf or greater used for dancing. Annual license fee is $75.00 and is additional to Business Licenses. Staff no longer sees a need for such a license and or the arduous process. Approval Process The Chief of Police conducts a criminal history background check The Director of Community & Economic Development provides a report as to whether the application reflects any actual or potential violations The Building Official provides a report about the building status The Fire Marshal provides a report about the life safety status Dirty Dancing Clause It is lawful for taverns to have and permit music within the respective establishments, but shall not be permitted to conduct dancing unless licensed Who enforces the No Dancing without a license provision? Other Regulatory Codes Current IBC (Building Code) defines A-2 Occupancies (bars and restaurants) with dance floors 350sf or larger as “Nightclubs” Nightclubs are required to have sprinkler systems installed (retro-actively) This requires any existing tavern, bar, restaurant without a sprinkler system to install one if they wish to become a Nightclub. This is a WA State Amendment due to the Station Nightclub Fire that killed 100 people in Rhode Island in 2003. Current Business License requirements give us the same enforcement and revocation provisions if we have issues with the establishment – not just dirty dancing. Page 1 5.16.020 ‐ License required. It is unlawful for any person to conduct, manage or operate a cabaret unless such person is the holder of a valid and subsisting license from the city so to do, obtained in the manner herein provided. (Ord. 607 §1 (part), 1971). 5.16.030 ‐ Qualifications of licensees. No license shall be issued to: (1) A person who has been convicted of a felony within five years prior to his application for a license; (2) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee; (3) A co-partnership, unless all of the members thereof are qualified to obtain a license, as provided in this section; (4) A corporation, unless all officers and directors thereof are qualified to obtain a license, as provided in this section. The license shall be issued to the same person whose name appears on, or the person responsible to the Washington State Liquor Control Board for, the license issued by that board for the premises. (Ord. 607 §1 (part), 1971). (Ord. No. 2011-006, § 2, 2-22-2011) 5.16.040 ‐ Floor space requirements. No license for dancing shall be issued unless the dance area shall be not less than two hundred square feet in area and not less than ten feet from side to side; except in class H premises, in which case the floor space requirements shall be those which may be established by the Washington State Liquor Control Board, subject to the approval of the city council. (Ord. 607 §1 (part), 1971). 5.16.050 ‐ Dancing area to be unobstructed—Location—Lighting—Exits. The space used and allocated for dancing must be kept clear of all objects, fixtures and furniture at all times, and shall not be located in a hall or in any passageway. Lighting density in all cabaret dancing areas will be governed by rules and regulations of the Washington State Liquor Control Board, and failure to so comply will constitute a violation of this chapter. Exits from the building shall be in accordance with the provisions of the building code in effect in the city. (Ord. 607 §1 (part), 1971). 5.16.060 ‐ Application for license—Investigation and report—Issuance or denial. (a) Applicants for a license under this chapter must file with the city clerk a sworn application in writing on a form to be furnished by the city. (b) All applications shall provide the following information on the application, Page 2 (1) The name, home address, home telephone number, date and place of birth, and Social Security number of the applicant, if the applicant is an individual; (2) The names, home addresses, home telephone numbers, dates and places of birth, and Social Security numbers of the officers and directors of the applicant, if the applicant is a partnership. If the applicant is any other type of business entity, then the applicant shall provide the same information requested in this subsection for all managers or other persons who control the business decisions of that entity; (3) The name, address, and telephone number of the cabaret, and the names of all on-site managers of the cabaret; and (4) The name, address, and telephone number of the owner of the property on which the cabaret is located. (5) Each application must be completed in full and signed by the applicant in affidavit or declaration form wherein the applicant certifies under penalty of perjury that the applicant has personal knowledge of all matters asserted in said application and that the statements contained therein are true and complete. (c) Duty to supplement application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate, an applicant or license holder promptly shall notify the clerk in writing and provide current information. (d) Process for completed applications. A completed application shall be submitted to the city clerk. An application shall not be considered to be completed unless accompanied by a receipt or other notation from the city showing payment of the required license fee. The city clerk shall refer a completed application to the following city department heads for investigation and report as follows: (1) The chief of police shall provide a criminal history record of the applicant; (2) The director of the department of community development shall provide a report stating whether or not the application or premises of the business reflect any actual or potential violations of the city zoning code; (3) The building official shall provide a report indicating whether or not said premises are in compliance with all applicable health, safety and building statutes and regulations; and (4) The fire marshal shall provide a report indicating whether or not said premises are in compliance with all applicable fire prevention statutes and regulations. (Ord. 607 §1 (part), 1971). (Ord. No. 2011-006, § 3, 2-22-2011) 5.16.065 ‐ Approval or denial of application. Upon receipt of a completed application and reports from the above-named officials, a license application shall be approved by the city clerk, except that said application shall be denied for any one or more of the following reasons: (1) Application form is incomplete; or (2) Purpose of business sought to be licensed does not comply with the requirements of any city ordinance(s) relating to fire, buildings, health and sanitation or is, or will be if licensed, in violation of the city zoning code as determined by the reports from the above-named officials; or (3) The license was procured by fraud or any false statement or misrepresentation of fact in the application or in any report or record filed with the city clerk. Page 3 In all events, the city clerk shall issue the license, or the reason(s) for nonissuance as soon as possible, but in no event more than thirty days after receipt of a completed application. (Ord. No. 2011-006, § 4, 2-22-2011) 5.16.070 ‐ Fee for license—Expiration and renewal. The annual fee for a cabaret license is established by the city's fee resolution. The fee shall be paid at the time of application and is nonrefundable. All licenses issued pursuant to this chapter are nontransferable and are valid for the calendar year in which issued. License fees shall not be prorated for any portion of the year. (Ord. 607 §1 (part), 1971). (Ord. No. 2011-006, § 5, 2-22-2011) 5.16.080 ‐ Reserved. Editor's note— Ord. No. 2011-006, § 6, adopted Feb. 22, 2011, repealed § 5.16.080, which pertained to license and license fee nontransferable and nonrefundable and derived from Ord. 607 § 1(part), 1971. 5.16.090 ‐ Maintenance of order. At all times while any dancing shall be conducted or be taking place at any premises for which a cabaret license is issued, where the music for such dancing is provided wholly or in part by one or more than one actual "live" musician rather than by means of electrical transcriptions, radio, tape, records or other similar means, a person capable of maintaining order on the premises shall be in attendance on said premises, and such person in attendance shall be employed by the licensee solely for the purposes of, and said person shall perform the duties of, refusing admission to intoxicated or underage persons, maintaining order, and removing unruly, disorderly and/or intoxicated persons from the premises. Such person shall at said times not be employed as a bartender, waiter, musician or in any other capacity and shall have no other duties than those hereinabove specified in this section. At all times while any dancing shall be conducted or be taking place at any premises for which a cabaret license is issued, on nights or on days when the music for said dancing is provided wholly by means of electrical transcriptions, radio, tape, records or other similar means, a person capable of maintaining order shall be in attendance at all times on the premises, who shall be responsible for refusing admission to intoxicated and underage persons, maintaining order, and removing unruly, disorderly and/or intoxicated persons from the premises, but such person need not be solely employed for such purposes. No member of the police department or any reserve police officer of this city shall ever be employed as such a person in attendance. (Ord. 607 §1 (part), 1971). (Ord. No. 2011-006, § 7, 2-22-2011) 5.16.100 ‐ Reserved. Editor's note— Ord. No. 2011-006, § 8, adopted Feb. 22, 2011, repealed § 5.16.100, which pertained to interpretive or exhibition dancing not permitted and derived from Ord. 607 § 1(part), 1971. Page 4 5.16.110 ‐ Revocation or suspension of license. The city clerk may revoke any license under this chapter, or may suspend any such license for a period of time not to exceed one year, where one or more of the following conditions exist: (1) The license was procured by fraud or by any false statement or misrepresentation of fact in the application or in any report or record required to be filed with the clerk; (2) The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of this code; or (3) The license holder, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter. Upon determination that grounds for revocation or suspension of a license exist, the city clerk or designee shall send by first class mail, postage prepaid, to the license holder a notice of revocation or suspension. The notice shall set forth the grounds for revocation or suspension. (Ord. 607 §1 (part), 1971). (Ord. No. 2011-006, § 9, 2-22-2011) 5.16.115 ‐ Appeals and hearing. (a) Any person aggrieved by the action of the city clerk in refusing to issue or renew any license under this chapter or in suspending or revoking any license under this chapter shall have the right to appeal such action to the city hearing examiner, or to such other hearing body as may hereafter be established by the city council for the hearing of such appeals, by filing a notice of appeal with the city clerk within ten days of receiving notice of the action from which appeal is taken. (b) The hearing examiner, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within twenty days from the date of such receipt, except when extenuating circumstances exist. The hearing shall be de novo. The hearing examiner shall hear testimony, take evidence and may hear oral argument and receive written briefs. The filing of such appeal shall stay the action of the city clerk, pending the decision of the hearing body. (c) The decision of the hearing examiner on an appeal from a decision of the city clerk shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. (d) The decision of the hearing examiner shall be final unless appealed to the superior court within twenty days of the date the decision is entered. (Ord. No. 2011-006, § 10, 2-22-2011) 5.16.120 ‐ Conduct subject to state law and city ordinances. All such licensed premises shall be conducted in a quiet and orderly manner and as provided by the Washington State Liquor Control Act, the rules and regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquors, and the ordinances of the city. (Ord. 607 §1 (part), 1971). 5.16.130 ‐ Music permitted without license. Page 5 It is lawful for all taverns and class H licensees, duly licensed by the Washington State Liquor Control Board to have and permit music within the respective establishments, but shall not be permitted to conduct dancing unless licensed as provided in this chapter. (Ord. 607 §1 (part), 1971). 5.16.140 ‐ Exemptions. Patriotic organizations shall be exempt from the provisions of this chapter. (Ord. 607 §1 (part), 1971). 5.16.150 ‐ Penalty for violations. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor, and upon conviction thereof such person shall be punished as provided in Section 1.04.010. (Ord. 607 §1 (part), 1971). City of Arlington Council Agenda Bill Item: WS #4 Attachment C COUNCIL MEETING DATE: April 27, 2015 SUBJECT: DUI Victim Memorial Sign Program ATTACHMENTS: Proposed DUI Victim Memorial Sign Program DEPARTMENT OF ORIGIN Maintenance & Operations EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Request to establish a DUI Victim Memorial Sign Program. The program gives families a way to remember loved ones lost at the fault of drunk drivers within our City limits as well as serves as a reminder to the public not to drink and drive. HISTORY: Staff received a service request for a DUI Victim Memorial sign, similar to those that are installed along State Routes, be installed on 67th AVE NE at 191st PL NE in memory of Daniel W. Carbajal, who was fatally injured by a drunk driver in that location. Staff contacted WSDOT regarding the details of their program, costs associated, requirements, agreements, etc… Staff modified the requirements and costs to be more in line with City standards and propose to implement the attached proposed program. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: Workshop; discussion only. DUI Victim Memorial Sign Program The DUI Victim Memorial Sign Program is a grass roots program, borne from an idea for people who had lost family members in collisions caused by drunk driving. The City of Arlington has embraced the program as a way to join together with the citizens of this community in the ongoing efforts to combat Driving Under the Influence. The standard sign is 30” x 42” and features the words “Please Don’t Drink and Drive” below which is a 30” x 12” plaque displaying the victim’s name. The signs are placed near the scene of the collision, one sign for each direction of travel. The City of Arlington has no jurisdiction regarding signage on county roads or state highways, and thus, cannot provide signs along those roadway systems. However, WSDOT and Snohomish County have implemented similar programs, and the City can provide the name and phone number of a contact person for those agencies. Signs can be installed if the driver causing the collision was convicted of vehicular homicide because of DUI, under RCW 46.61.520, or was fatally injured and shown to be DUI base on toxicology reports. The sponsors pay for the signs. The total cost is $250.00 for each sign. This cost includes the sign, sign post, installation materials, and installation by City crews. The City will provide regular maintenance and minor repairs for the serviceable life of the signs, but will not replace as they become faded or damaged beyond repair. The family can choose to have the sign replaced for the original cost. How to Request DUI Victim Memorial Signs To initiate the process, a letter requesting participation in the DUI Victim Memorial Sign Program may be sent to: City of Arlington Maintenance & Operations 238 N Olympic AVE Arlington, WA 98223 360‐403‐4642 In this letter, the requestor needs to identify the name of the deceased and include discussion about their relationship to that person. Letters of request for friends need to include a note from the immediate family that approves the sign installation and authorizes the friend to act on the family’s behalf. The Letter also needs to discuss the date the collision occurred, the City street name or number and approximate location, and how alcohol or other drugs, as defined by RCW 46.61.520, contributed to the collision. Because signs may be installed only if the driver causing the collision was convicted of vehicular homicide because of DUI, under RCW 46.61.520(1)(A), or was fatally injured and shown to be DUI based on blood toxicology reports, the letter also needs to include discussion about the disposition of those aspects. After receipt of the initiating letter, the City reviews the details and if approved, provides the requestor with an invoice and a letter. The letter has a space for the requester to sign, and serves as a formal agreement between the City and the requestor. After signing the agreement letter and returning it to the City with payment, the requestor is provided a receipt and his/her copy together with notification that the signs have been ordered. Delivery and installation normally takes 14 to 30 days to complete once the sign order is placed. At most locations, the City can provide for a few of the family members and close friends to be present when the signs are installed. After the signs are ordered, an employee of the City will contact the requestor to discuss optional days and times for installing the signs. RCW 46.61.520 Vehicular homicide (1) When death of any person ensues within three years as a proximate result of injury proximately cause by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle. (a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502