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HomeMy WebLinkAbout05-02-2016 Council Meeting Revised SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 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 Debora Nelson INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Debora Nelson 1. Minutes of the April 18 and April 25, 2016 Council Meetings ATTACHMENT A 2. Accounts Payable PUBLIC HEARING 1. Property Tax Exemption Ordinance ATTACHMENT B Staff Presentation: Chris Young Council Liaison: Jesica Stickles NEW BUSINESS 1. Airport Commission Appointment and Reappointments ATTACHMENT C Staff Presentation: Dave Ryan Council Liaison: Chris Raezer DISCUSSION ITEMS INFORMATION Arlington City Council Meeting Monday, May 2, 2016 at 7:00 p.m. City Council Chambers – 110 E Third St SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COUNCIL MEMBER REPORTS – OPTIONAL EXECUTIVE SESSION City Attorney Steve Peiffle Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] RECONVENE ADJOURNMENT Mayor Barb Tolbert To open all attachments, click here DRAFT Page 1 of 3 Council Chambers 110 East Third April 18, 2016 City Council Members Present by Roll Call: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, and Jesica Stickles Council Members Absent: Marilyn Oertle (excused) City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Garcia, Jonathan Ventura, Bruce Stedman, Kristin Banfield, Marc Hayes, Jim Kelly, Sarah Lopez, Sheri Amundson, Dave Ryan, Kris Wallace, Deana Dean, and Steve Peiffle – City Attorney. Also Known to be Present: Mike Britt Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. APPROVAL OF THE AGENDA Debora Nelson moved to approve the Agenda. Chris Raezer seconded the motion which passed with a unanimous vote. INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT Sarah Kern, 201 South Olympic Avenue, spoke regarding the crosswalk near the coop and the gas station on Olympic Avenue and requested some action to have it re-evaluated and better marked. CONSENT AGENDA Debora Nelson moved and Chris Raezer seconded the motion to approve the Consent Agenda which was unanimously carried to approve the following Consent Agenda items: 1. Minutes of the April 4 and April 11, 2016 Council Meetings 2. Accounts Payable: EFT Payments & Claims Checks #86908 through #87054 dated April 5, 2016 through April 18, 2016 in the amount of $919,928.53. PUBLIC HEARING Permit Center Manager Marc Hayes spoke regarding the public hearing on the tax exemption resolution and indicated it would be continued to until May 2, 2016. City Attorney Steve Peiffle informed Council that adoption of the resolution must occur first and then the public hearing. Staff will take public testimony on May 2, 2016 and Council will be asked to adopt the ordinance that same night so long as Council is agreeable at that time. Chris Raezer moved and Jesica Stickles seconded the motion to approve the resolution re designation of industrial/manufacturing target area for property tax exemption and authorize the mayor to sign it, pending final approval by the City Attorney. The motion was approved by a unanimous vote. Minutes of the Arlington Cit Council Meetin Minutes of the City of Arlington City Council Meeting April 18, 2016 Page 2 of 3 NEW BUSINESS Resolution-Work Plan for Conditions of Certification of the Comprehensive Plan Update Marc Hayes requested council adopt the proposed resolution for the work plan which addresses inconsistencies relating to the 2015 Comprehensive Plan update. Jesica Stickles moved and Debora Nelson seconded the motion to approve the resolution adopting the work plan for certification by the PSRC of the updated Comprehensive Plan and Transportation Element and authorize the mayor to sign it, pending final approval by the City Attorney. The motion was approved by a unanimous vote. Reject all Bids and Request Authorization to Rebid Haller Park Restroom/Shelter Marc Hayes requested council reject the bid for the Haller Park Restroom/Shelter and authorize re- bidding at a later date. Council questions followed. Sue Weiss moved and Debora Nelson seconded the motion to reject all bids for the Haller Park Restroom/Activity Shelter Project, and allow staff the authority to re-bid the project at a later date in Fall 2016. The motion was approved by a unanimous vote. Dedication of Right of Way for 173rd Street Marc Hayes requested council approve the right of way dedication for the “Biwer Property” on 173rd St NE. Debora Nelson moved and Chris Raezer seconded the motion to accept the dedication of a portion of the Biwer property as Right of Way for the purposes of roadway construction. The motion was approved by a unanimous vote. Biosolids Hauling Contract Public Works Director Jim Kelly requested council award the biosolids hauling contract to Tenelco, Inc. Mike Hopson moved and Debora Nelson seconded the motion to accept the Tenelco, Inc. Biosolids Transportation and Beneficial Use proposal and authorize the mayor to sign the contract, pending final approval by the City Attorney. The motion was approved by a unanimous vote. 2016 On-Call Construction Inspection Services Jim Kelly requested council award the on-call construction inspection services for the 2016 City Pavement Preservation Projects to Perteet, Inc. Jan Schuette moved and Mike Hopson seconded the motion to accept the proposal from Perteet, Inc. for 2016 On-Call Construction Inspection Services and authorize the mayor to sign the contract, pending final approval by the City Attorney. The motion was approved by a unanimous vote. Street Closure for Annual Events Recreation and Communications Manager Sarah Lopez requested council approve the requests for street closures for the Color Vibe 5K, Fourth of July Grand Parade, Arlington Street Fair, and Show and Shine Car Show. Sue Weiss moved and Chris Raezer seconded the motion to approve the annual street closures for the Color Vibe, July 4th Parade, and Arlington Street Fair as presented and the closure of Olympic Avenue only for the Show and Shine Car Show as recommended by Public Safety staff. The motion was approved by a unanimous vote. Minutes of the City of Arlington City Council Meeting April 18, 2016 Page 3 of 3 Police Department Re-Organization Phase II Deputy Police Chief Jonathan Ventura requested council authorize the creation of a manager level position to support executive and administration functions. Council questions followed. Jesica Stickles moved and Debora Nelson seconded the motion to approve the creation of the Police Services Manager position and place it at Range 58 on the current salary schedule. The motion was approved by a unanimous vote. ADMINISTRATOR & STAFF REPORTS None. COUNCIL MEMBER REPORTS Chris Raezer, Debora Nelson, Jan Schuette, and Mike Hopson gave brief reports while Sue Weiss and Jesica Stickles had nothing to report at this time. MAYOR’S REPORT Mayor Tolbert spoke regarding the Smokey Point community clean up night, the poverty simulation last week and indicated she would be in North Carolina next week for the America’s Best Community competition. EXECUTIVE SESSION City Attorney Steve Peiffle indicated a need for an executive session related to pending or potential litigation [RCW 42.30.110(1)(i)] estimating to take 15-20 minutes and that there would be no action following the executive session. 7:34:06 Council in recess. 7:54:48 Council reconvened. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:55 p.m. ____________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 2 Council Chambers 110 East Third Street April 25, 2016 Councilmembers Present: Mike Hopson, Jan Schuette, Debora Nelson, Chris Raezer, Sue Weiss, Jesica Stickles, and Marilyn Oertle Council Members Absent: None Staff Present: Kristin Banfield, Kristin Garcia, Sheri Amundson, Chris Young, Bill Blake, Dave Ryan, Jonathan Ventura, Wendy Van Der Meersche, and City Attorney Steve Peiffle. Also Known to be Present: Kirk Boxleitner, Sarah Arney Mayor Pro Tem Debora Nelson called the meeting to order at 7:00 p.m. and the pledge of allegiance followed. Chris Raezer moved to approve the agenda; Marilyn Oertle seconded the motion, which passed with a unanimous vote. WORKSHOP ITEMS – NO ACTION WAS TAKEN Storm Management Plan, 2016 Update Stormwater Supervisor Bill Blake provided an annual review of the City of Arlington’s National Pollutant Discharge Elimination System (NPDES) Phase II of the 2016 Stormwater Management Plan (SWMP). The annual review is required by the NPDES. Discussion followed with Bill answering council questions. Property Tax Exemption Ordinance Community & Economic Development Director Chris Young presented a proposed property tax exemption to encourage or incentivize new industrial/manufacturing uses be developed in targeted areas within the city. Currently, three cities in Snohomish County will be participating in the tax exemption program — Arlington, Marysville, and Lake Stevens, which will be exempting new construction of industrial/manufacturing facilities from ad valorem property taxes. Discussion followed with Chris answering council questions. Airport Commission Appointments and Reappointments Airport Director Dave Ryan spoke regarding interviews held in March with four candidates for two existing Airport Commission positions, and one open seat. The interview panel agreed that Don Munson and John Swizer should retain their seats, and after much discussion has recommended that Dary Finck fill the open position. Discussion followed with Dave answering council questions. March 2016 Financial Report Finance Director Kristin Garcia provided a PowerPoint presentation reviewing the March 2016 financial report and an overview of the first quarter of 2016. Discussion followed with Kristin answering council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop April 25, 2016 Page 2 of 2 Miscellaneous Council Items None Public Comment None Executive Session None The meeting was adjourned at 7:40 p.m. ____________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: PH #1 Attachment B COUNCIL MEETING DATE: May 2, 2016 SUBJECT: New Ordinance Chapter under Title 3 – Revenue and Finance - AMC Chapter 3.98 Property Tax Exemption ATTACHMENTS: Draft Ordinance DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The purpose of the proposed property tax exemption is to encourage or incentivize new industrial/manufacturing uses be developed in targeted areas within the city, thereby increasing employment opportunities for family living wage jobs. As provided in Chapter 84.25 RCW, the purpose of this chapter is to provide a limited exemption from ad valorem property taxation for new construction of industrial/manufacturing facilities when such facilities meet the specific requirements in chapter 84.25 RCW and the ordinance. HISTORY: Engrossed Senate Bill 5761 was passed by the Legislature on May 28, 2015, which created a tax incentive program to stimulate the development of new industrial and manufacturing uses in designated targeted urban areas. The County adopted Ordinance No. 16-011 establishing a new chapter to allow certain properties to be exempt from county property taxes in accordance with RCW 84.25. Currently, three cities in Snohomish County will be participating in the tax exemption program for exempting new construction of industrial/manufacturing facilities from ad valorem property taxes: Arlington, Marysville and Lake Stevens. ALTERNATIVES Approve staff’s recommendation with modifications Table staff’s recommendation Deny staff’s recommendation RECOMMENDED MOTION: I move to approve the property tax exemption ordinance and authorize the mayor to sign it. ORDINANCE NO. 2016-XXX 1 ORDINANCE NO. 2016--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING PROVISIONS RELATING TO TAX INCENTIVES IN TARGETED AREAS FOR NEW CONSTRUCTION OF INDUSTRIAL OR MANUFACTURING FACILITIES CREATING FAMILY LIVING WAGE JOBS WHEREAS, the City of Arlington has been granted the authority to create tax incentives in targeted areas for new construction of industrial or manufacturing facilities creating family living wage jobs as a result of Senate Bill 5761 (Chapter 9, 2015 Laws 1st Special Session) and RCW 84.25; and WHEREAS, the City Council previously passed resolution #2016-XXX which notified the public of its intent to create targeted areas in support of this authority, which resolution scheduled a public hearing for May 2, 2016; and WHEREAS, the City Council conducted a public hearing on May 2, 2016; and WHEREAS, the City Council wishes to create tax incentives to support construction that will create new family living wage jobs; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. A new chapter 3.98 of the Arlington Municipal Code (AMC) is hereby created, to read as follows: Chapter 3.98 – Property Tax Exemption 3.98.100 Purpose 3.98.110 Applicability 3.98.120 Definitions 3.98.130 Exemption Created 3.98.140 General Requirements 3.98.150 Application 3.98.160 Approval Criteria 3.98.170 Approval/Denial 3.98.180 Application Fee 3.98.190 Additional Requirements 3.98.200 Reporting 3.98.210 Continuance and Discontinuance ORDINANCE NO. 2016-XXX 2 3.98.100 Purpose. It is the purpose of this chapter to encourage new manufacturing and industrial uses on undeveloped or underutilized lands zoned for industrial and manufacturing uses within the city through tax incentive, thereby increasing employment opportunities for family living wage jobs. 3.98.110 Applicability. All undeveloped or underutilized properties within the city’s Light Industrial and General Industrial zones shall be eligible to receive an ad valorem tax exemption as allowed by Senate Bill 5761 (Chapter 9, 2015 Laws 1st Special Session) and RCW 84.25 for the value of new construction of industrial/manufacturing facilities. 3.98.120 Definitions. The definitions in this section shall apply to this chapter unless the context clearly requires otherwise: (1) “Administrative Authority” means the Department of Community and Economic Development. (2) “City” means the City of Arlington. (3) “Designee” means the Director of Community and Economic Development. (4) “Director” means the Director of Community and Economic Development. (5) “Family living wage job” means a job with a wage that is sufficient for raising a family. A family living wage job shall have an average wage of eighteen dollars an hour or more, working two thousand eighty hours per year on the subject site, as adjusted annually for inflation by the consumer price index. (6) “Governing Authority” means the Arlington City Council. (7) “Industrial/manufacturing facilities” means building improvements that are ten thousand square feet or larger, representing a minimum improvement valuation of eight hundred thousand dollars ($800,000.00) for uses categorized as “division D: manufacturing” by the United States Department of Labor in the Occupation Safety and Health Administration’s standard industrial classification manual. (8) “Lands zoned for industrial and manufacturing uses” means lands in the City zoned as of December 31, 2014, for an industrial or manufacturing use consistent with the City’s Comprehensive Plan where the lands are designated for industry. (9) “Owner” means the property owner of record. (10) “Targeted area” means an area of undeveloped lands zoned for industrial and manufacturing uses in the City that is located with or contiguous to an innovation partnership zone, foreign trade zone, or EB-5 ORDINANCE NO. 2016-XXX 3 regional center, and designated for possible exemption under the provisions of this chapter. (11) “Undeveloped or underutilized” means that there are no existing building improvements on the property or portions of the property targeted for new or expanded industrial or manufacturing uses. 3.98.130 Exemption Created (a) The value of new construction of industrial/manufacturing facilities qualifying under this chapter is exempt from property taxation under this title, as provided in this section. The value of new construction of industrial/manufacturing facilities is exempt from taxation for properties for which an application for a certificate of tax exemption is submitted under this chapter before December 31, 2022. The value is exempt under this section for ten successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate. (b) The exemption provided in this section does not include the value of land or nonindustrial/manufacturing-related improvements not qualifying under this chapter. (c) The exemption provided in this section is in addition to any other exemptions, deferrals, credits, grants, or other tax incentives provided by law. (d) This chapter does not apply to state levies or increases in assessed valuation made by the assessor on non-qualifying portions of buildings and value of land nor to increases made by lawful order of a county board of equalization, the department of revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (e) This exemption does not apply to any county property taxes unless the governing body of the county adopts a resolution and notifies the governing authority of its intent to allow the property to be exempted from county property taxes. (f) At the conclusion of the exemption period, the new industrial/manufacturing facilities cost shall be considered as new construction for the purposes of chapter 84.55 RCW. 3.98.140 General requirements. An owner of property making application under this chapter shall meet the following requirements: (a) The new construction of industrial/manufacturing facilities shall be located on land zoned for industrial and manufacturing uses, undeveloped or underutilized, and as provided in section 6 of Senate Bill 5761 (Chapter 9, 2015 Laws 1st Special Session), designated by the city as a targeted area; (b) The new construction of industrial/manufacturing facilities shall ORDINANCE NO. 2016-XXX 4 meet all construction and development regulations of the city; (c) The new construction of industrial/manufacturing facilities shall be completed within three years from the date of approval of the application; and (d) The applicant shall enter into a contract with the city approved by the Director of Community & Economic Development, under which the applicant has agreed to the implementation of the development on terms and conditions satisfactory to the administrative authority. 3.98.150 Application. An owner of property seeking an exemption under this chapter shall apply to the city on the application form adopted by the governing authority. The application shall contain the following: A. Information setting forth the grounds supporting the requested exemption, including information indicated on the application form or in the guidelines; B. A description of the project and site plan, and other information requested; C. A statement of the expected number of new family living wage jobs to be created; D. A statement that the applicant is aware of the potential tax liability involved when the property ceases to be eligible for the incentive provided under this chapter; and E. A statement that the applicant would not have built in this location but for the availability of the tax exemption under this chapter; F. The applicant shall verify the application by oath or affirmation; and G. The application shall be accompanied by the application fee required under this chapter. The Director may permit the applicant to revise an application before final action by the Department of Community and Economic Development. 3.98.160 Approval criteria. The duly authorized administrative authority of the city may approve the application if it finds that: (1) A minimum of twenty-five new family living wage jobs will be created on the subject site as a result of new construction of manufacturing/industrial facilities within one year of building occupancy; (2) The proposed project is, or will be, at the time of completion, in conformance with all local plans and regulations that apply at the time the application is approved; and (3) The criteria of this chapter have been satisfied. 3.98.170 Approval/Denial. (a) The Director shall approve or deny an application filed under this ORDINANCE NO. 2016-XXX 5 chapter within ninety days after receipt of the application. (b) If the application is approved, the city shall issue the owner of the property a conditional certificate of acceptance of tax exemption. The certificate shall contain a statement by the Director that the property has complied with the required criteria of this chapter. (c) If the application is denied, the Director shall state in writing the reasons for denial and send the notice to the applicant at the applicant's last known address within ten days of the denial. (d) Upon denial by the Director, an applicant may appeal the denial to the city's governing authority within thirty days after receipt of the denial. The appeal before the city's governing authority shall be based upon the record made before the city with the burden of proof on the applicant to show that there was no substantial evidence to support the city's decision. The decision of the city in denying or approving the application is final. 3.98.180 Application fee. An administrative application fee of $500.00 (five hundred dollars) plus the required county assessor fee shall be paid at the time the application for limited exemption is filed. If the application is approved, the city shall pay the application fee to the county assessor for deposit in the county current expense fund, after first deducting that portion of the fee attributable to its own administrative costs in processing the application and administering the tax exemption program. If the application is denied, the city may retain that portion of the application fee attributable to its own administrative costs and refund the balance to the applicant. 3.98.190 Additional requirements. (a) Upon completion of the new construction of a manufacturing/industrial facility for which an application for an exemption under this chapter has been approved and issued a certificate of occupancy, the owner shall file with the city the following: (1) A description of the work that has been completed and a statement that the new construction on the owner's property qualify the property for a partial exemption under this chapter; (2) A statement of the new family living wage jobs to be offered as a result of the new construction of manufacturing/industrial facilities; and (3) A statement that the work has been completed within three years of the issuance of the conditional certificate of tax exemption. (b) Within thirty days after receipt of the statements required under subsection (a) of this section, the city shall determine whether the work completed and the jobs to be offered are consistent with the application and the contract approved by the city and whether the application is ORDINANCE NO. 2016-XXX 6 qualified for a tax exemption under this chapter. (c) If the criteria of this chapter have been satisfied and the owner's property is qualified for a tax exemption under this chapter, the city shall file the certificate of tax exemption with the county assessor within ten days of the expiration of the thirty-day period provided under subsection (b) of this section. (d) The city shall notify the applicant that a certificate of tax exemption is denied if the city determines that: (1) The work was not completed within three years of the application date; (2) The work was not constructed consistent with the application or other applicable requirements; (3) The jobs to be offered are not consistent with the application and criteria of this chapter; or (4) The owner's property is otherwise not qualified for an exemption under this chapter. (e) If the city finds that the work was not completed within the required time period due to circumstances beyond the control of the owner and that the owner has been acting and could reasonably be expected to act in good faith and with due diligence, the Director may extend the deadline for completion of the work for a period not to exceed twenty-four consecutive months. (f) The owner may appeal a decision by the city to deny a certificate of tax exemption in superior court under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty days of notification by the city to the owner of the exemption denial. 3.98.200 Reporting. (a) Thirty days after the anniversary of the date of the certificate of tax exemption and each year for the tax exemption period, the owner of the new industrial/manufacturing facilities shall file with the Administrative Authority an annual report indicating the following: (1) A statement of the family living wage jobs at the facility as of the anniversary date; (2) A certification by the owner that the property has not changed use; (3) A description of changes or improvements constructed after issuance of the certificate of tax exemption; and (4) Any additional information requested by the city. (b) The City shall report annually by December 31st of each year, beginning in 2016, to the Department of Commerce. The report shall include the following information: (1) The number of tax exemption certificates granted; (2) The total number and type of new manufacturing/industrial ORDINANCE NO. 2016-XXX 7 facilities constructed; (3) The number of family living wage jobs resulting from the new manufacturing/industrial facilities; and (4) The value of the tax exemption for each project receiving a tax exemption and the total value of tax exemptions granted. 3.98.210 Continuance and discontinuance. (a) If the value of improvements have been exempted under this chapter, the improvements continue to be exempted for the applicable period under this chapter so long as they are not converted to another use and continue to satisfy all applicable conditions including, but not limited to, zoning, land use, building, and family wage job creation. (b) If an owner voluntarily opts to discontinue compliance with the requirements of this chapter, the owner shall notify the assessor within sixty days of the change in use or intended discontinuance. (c) If, after a certificate of tax exemption has been filed with the county assessor, the city discovers that a portion of the property is changed or will be changed to disqualify the owner for exemption eligibility under this chapter, the tax exemption shall be canceled and the following occurs: (1) Additional real property tax shall be imposed on the value of the non-qualifying improvements in the amount that would be imposed if an exemption had not been available under this chapter, plus a penalty equal to twenty percent of the additional value. This additional tax is calculated based upon the difference between the property tax paid and the property tax that would have been paid if it had included the value of the non-qualifying improvements dated back to the date that the improvements were converted to a non- qualifying use; (2) The tax shall include interest upon the amounts of the additional tax at the same statutory rate charged on delinquent property taxes from the dates on which the additional tax could have been paid without penalty if the improvements had been assessed at a value without regard to this chapter; and (3) The additional tax owed together with interest and penalty becomes a lien on the property and attaches at the time the property or portion of the property is removed from the qualifying use under this chapter or the amenities no longer meet the applicable requirements for exemption under this chapter. A lien under this section has priority to, and shall be fully paid and satisfied before, a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the property may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same ORDINANCE NO. 2016-XXX 8 manner provided by law for foreclosure of liens for delinquent real property taxes. An additional tax unpaid on its due date is delinquent. From the date of delinquency until paid, interest shall be charged at the same rate applied by law to delinquent property taxes. (d) Upon a determination that a tax exemption is to be terminated for a reason stated in this section, the Director shall notify the record owner of the property as shown by the tax rolls by mail, return receipt requested, of the determination to terminate the exemption. The owner may appeal the determination to the city, within thirty days by filing a notice of appeal with the city, which notice shall specify the factual and legal basis on which the determination of termination is alleged to be erroneous. At an appeal hearing, all affected parties may be heard and all competent evidence received. After the hearing, the governing authority shall either affirm, modify, or repeal the decision of termination of exemption based on the evidence received. An aggrieved party may appeal the decision of the governing authority to the superior court as provided in RCW 34.05.510 through 34.05.598. (e) Upon determination by the city to terminate an exemption, the county officials having possession of the assessment and tax rolls shall correct the rolls in the manner provided for omitted property under RCW 84.40.080. The county assessor shall make such a valuation of the property and improvements as is necessary to permit the correction of the rolls. The value of the new industrial/manufacturing facilities added to the rolls is considered new construction for the purposes of chapter 84.40 RCW. The owner may appeal the valuation to the county board of equalization as provided in chapter 84.40 RCW. If there has been a failure to comply with this chapter, the property shall be listed as an omitted assessment for assessment years beginning January 1st of the calendar year in which the noncompliance first occurred, but the listing as an omitted assessment may not be for a period more than three calendar years preceding the year in which the failure to comply was discovered. Section 2. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. This ordinance shall be effective five days from its adoption and publication as required by law. ORDINANCE NO. 2016-XXX 9 PASSED BY the City Council and APPROVED by the Mayor this _____ day of May, 2016. 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: NB #1 Attachment C COUNCIL MEETING DATE: May 2, 2016 SUBJECT: Airport Commission Appointment and Reappointments ATTACHMENTS: Redacted applications of Jim Weiss and Dary Finck DEPARTMENT OF ORIGIN Airport EXPENDITURES REQUESTED: None BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Four candidates were interviewed for the two existing Commission positions, as well as the one open seat. Two sitting Airport Commissioners were interviewed (Don Munson and John Swizer) whose terms expire in April, and two new applicants were interviewed for the open position (Jim Weiss and Dary Finck). The panel agreed that Don Munson and John Swizer should retain their seats as Airport Commissioners. After much discussion the panel decided that Dary Finck was the best candidate for the open position. The other candidate was notified that although he was not selected, we would keep his application on file and that he would be eligible to interview for future openings. HISTORY: 2016 has already seen the resignation of two Commissioners (AJ Chase and Chuck Clark) Mr. Clark’s seat was filled by William Jennings. The most recent interviews were for the position left open by A.J. Chase. ALTERNATIVES Table the recommendations until a later date. RECOMMENDED MOTION: I move to appoint Dary Finck to the Airport Commission and reappoint Don Munson and John Swizer to the Airport Commission. Jim Weiss ✔ 1/14/2016 (Attach page for additional space) - USAF Veteran (Air Traffic Controller) - 24+ years with The Boeing Company as Manufacturing Engineer/ Mechanic - 19 yr resident in the High Clover Neighborhood (aircraft fly over my house all the time) 4 term Arlington School District Board of Director. Lodging Tax applicants must attach a letter of support from the organization they are representing.