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HomeMy WebLinkAbout08-05-19 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Kristin APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Marilyn Oertle 1.Minutes of the July 15 and July 22, 2019 council meetings ATTACHMENT A 2.Accounts Payable PUBLIC HEARING NEW BUSINESS 1. Appointments to the Lodging Tax Advisory Committee (LTAC)ATTACHMENT B Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Marilyn Oertle 2. Boundary Line Adjustment for Grandview North, LLC ATTACHMENT C Staff Presentation: Marc Hayes Council Liaison: Mike Hopson 3.Bid Award for Terrace Park Renovation Project ATTACHMENT D Staff Presentation: Jim Kelly Council Liaison: Marilyn Oertle Arlington City Council Meeting August 5, 2019 at 7:00 pm City Council Chambers – 110 E Third Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 4.Bid Award for Merchants Parking Lot Repaving Project ATTACHMENT E Staff Presentation: Jim Kelly Council Liaison: Sue Weiss 5. Update on Installation of Temporary Signal at ATTACHMENT F SR-530 and Smokey Point Blvd Staff Presentation: Jim Kelly Council Liaison: Mike Hopson 6. Discussion on Discharging Fireworks within City Limits ATTACHMENT G Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Marilyn Oertle 7.Resolution Declaring the Intent to Adopt Legislation to Authorize a Sales ATTACHMENT H and Use Tax for Affordable and Supportive Housing Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Marilyn Oertle DISCUSSION ITEMS INFORMATION ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION Discussion of pending or potential litigation [RCW 42.30.110(1)(i)] City Attorney Steve Peiffle RECONVENE ADJOURNMENT Mayor Barb Tolbert DRAFT Page 1 of 3 Council Chambers 110 East Third Street July 15, 2019 Councilmembers Present: Mike Hopson, Jan Schuette, Marilyn Oertle, Debora Nelson, and Sue Weiss. Council Members Absent: Jesica Stickles and Josh Roundy, excused. Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Garcia, Jim Kelly, Jonathan Ventura, Kristin Banfield, and Wendy Van Der Meersche. Also Known to be Present: Don Vanney and family, Steve and Linda Glaze, Holly Sloan-Buchanan, Isaiah and Lawrence Evans, Michele Blythe, Lindsay Dunn, Kathy Bullene, Michele Williams, Stephanie Dickson and family, Jamie Coupaud and family. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Thank you to Isaiah and Lawrence Evans Holly Sloan-Buchanan introduced brothers Isaiah and Lawrence Evans, who cleaned up a large area of Macleod Avenue, by removing brush and weeds. Holly provided before and after photos of their work. The boys received awards from the Mayor and had their photo taken with her. Mayor’s Volunteer Award – Steve Glaze Mayor Tolbert introduced Steve Glaze as the July 2019 recipient of the award. Steve started volunteering at the Arlington branch of Sno-Isle Libraries in June of 2015. He has given over 173 hours of his time through March 2019. When Steve arrives to volunteer at the library, he is given a generated list of titles for customer holds. This list includes items for local patrons, as well as items for patrons throughout Sno-Isle Libraries’ 24 locations. His service ensures that customers receive their items quickly. Additionally, he volunteers with the Arlington Friends of the library. They are a group of volunteers that support the library by providing funds for programming and so much more. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting July 15, 2019 Page 2 of 3 Steve helps the Friends group by coming in at least once a week to stock the ongoing book sale. He also provides assistance at the monthly two day book/bake sales at the Arlington library. Steve and his wife Linda have lived in Arlington for six years. He enjoys his grandkids, reading and gardening. Steve’s source of interest in volunteering came from observing his mother volunteer for the Special Olympics for years. When Steve first moved to this area he started by volunteering at the local food bank. He then began volunteering at Cascade Valley Hospital. Our community is fortunate to have a dedicated volunteer like Steve Glaze. PROCLAMATIONS None. PUBLIC COMMENT None. CONSENT AGENDA Mayor Pro Tem Marilyn Oertle moved and Councilmember Nelson seconded the motion to approve the Consent Agenda which was unanimously carried: 1. Minutes of the June 29 Council and Planning Commission Retreat, and July 1 and July 8, 2019 council meetings 2. Accounts Payable: EFT Payments and Claims Checks #97257 through #97360 dated July 2, 2019 through July 15, 2019 for $590,015.86; and Payroll EFT Payments and Checks #29412 through #29422 dated June 1, 2019 through June 30, 2019 for $1,572,202.96. PUBLIC HEARING Resolution Declaring Utility Property (Vehicles) as Surplus Public Works Director Jim Kelly introduced two Public Works vehicles to be declared as surplus. State law requires that a public hearing be held prior to the surplus of “land, property, or equipment originally acquired for public utility purposes” (RCW 35.94.040). 7:08:38 Public Hearing was opened. 7:08:46 With no one wishing to speak, the Public Hearing portion was closed. 7:08:58 Council questions were opened. 7:09:19 Public Hearing was closed. Councilmember Debora Nelson moved and Councilmember Marilyn Oertle seconded the motion to approve the resolution declaring utility vehicles as surplus, and authorized the Mayor to sign the resolution, pending final review by the City Attorney. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting July 15, 2019 Page 3 of 3 NEW BUSINESS Library Board Appointment Communications Manager Kristin Banfield requested council approve the reappointment of Stephanie Dickson to the Library Board with a term expiration of April 1, 2024, and the appointment of Jamie Coupaud to the seat vacated by Jerrie Inman, with a term expiration of April 1, 2020. Councilmember Marilyn Oertle moved and Councilmember Debora Nelson seconded the motion to consent to the reappointment of Stephanie Dickson and appointment of Jamie Coupaud to the Library Board. The motion passed unanimously. DISCUSSION ITEMS None. INFORMATION None. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis provided councilmembers with city-owned property updates: • The old Howell gas station project. Staff is currently working with Carletti Architects on plans for renovation. • The property next to the post office on Olympic and Division. Staff is holding for just the right business to purchase. • The York property in Smokey Point. Staff has received one bid for demolition to decommission the well and septic. The house on the property has been abated for asbestos, and cannot be used. Discussion followed with Mr. Ellis answering council questions. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:16 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East Third Street July 22, 2019 Councilmembers Present: Mike Hopson, Marilyn Oertle, Josh Roundy, Jan Schuette, Jessica Stickles and Sue Weiss. Council Members Absent: Debora Nelson, excused. Staff Present: Mayor Barb Tolbert, Paul Ellis, Kristin Banfield, Sarah Lopez, James Trefry, Kristin Garcia, Dave Kraski, Jonathan Ventura, Marc Hayes, Jim Kelly, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Don Vanney and family, Doug Buell, Sarah Arney, Shirley Case, Holly Sloan-Buchanan, Chief Dennis Fenstermaker, Deputy Chief Drew Bono, Pastor Russ Nuss, and Lindsay Dunn. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Marilyn Oertle moved to approve the agenda as presented. Councilmember Jan Schuette seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. WORKSHOP ITEMS – NO ACTION WAS TAKEN Appointment to the Lodging Tax Advisory Committee (LTAC) Finance Director Kristin Garcia spoke of two open positions on the Lodging Tax Advisory Committee. Jennifer Egger is requesting reappointment, and Shirley Case is requesting a new appointment. Ms. Garcia indicated both applicants are qualified and willing to serve. Discussion followed with Ms. Garcia answering council questions. Boundary Line Adjustment for Grandview North, LLC Community and Economic Development Director Marc Hayes spoke of the reconfiguring of existing parcels in the Emory Lofts project to “square up” property lines, which will provide more uniformity in both the city-owned and Grandview parcels. Mr. Hayes distributed a map to councilmembers. Discussion followed with Mr. Hayes answering council questions. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop July 22, 2019 Page 2 of 4 Apparent Low Bid Terrace Park Renovation Project Public Works Director Jim Kelly spoke of the Terrace Park Renovation Project. The project was advertised for bid in June and bids were opened July 11. Diverse Contractors, Inc. was the qualified low bidder. Staff is recommending council accept the bid and award the project to Diverse Contractors, Inc. Discussion followed with Mr. Kelly answering council questions. Apparent Low Bid Merchants Parking Lot Repaving Project Public Works Director Jim Kelly spoke of the Merchants Parking Lot Repaving Project. The project was advertised for bid in June and bids were opened July 11. Fidalgo Paving and Construction was the qualified low bidder. Staff is recommending council accept the bid and award the project to Fidalgo Paving and Construction. Discussion followed with Mr. Kelly answering council questions. Update on Installation of Temporary Signal at SR-530 and Smokey Point Blvd Public Works Director Jim Kelly spoke of the SR-530 and Smokey Point Blvd Interim Signal Project. The City of Arlington, WSDOT and the Stillaguamish Tribe of Indians worked together to develop an interim signal plan that will control traffic movements through this intersection until the permanent solution of a roundabout can be installed. The City designed and permitted the interim signal and is now ready to construct it. Bids for the project are due August 2, and the bid tab will be distributed to councilmembers at the August 5 council meeting. Discussion followed with Mr. Kelly answering council questions. Update from Fire District 24 (Darrington) on EMS Services Chief Kraski provided background information, and introduced Chief Dennis Fenstermaker and Deputy Chief Drew Bono from Fire District 24, who spoke to council regarding Darrington’s plan to provide Advanced Life Support (ALS) service. The district has explored many areas, and are expecting to be ready January 1. They have been working with funding partners in the community, and the Snohomish County EMS and Trauma Care Council and Washington State Department of Health have been very helpful. June 2019 Financial Report Finance Director Kristin Garcia reviewed the May 2019 financial report and answered council questions. Ms. Garcia said the state auditors are onsite, and will be holding an audit entrance conference Monday, August 5 at 3 pm in the executive conference room. They will be performing audits on 2018 financial statements and federal programs, including an accountability audit. The auditors will conclude their approximately month-long stay with an exit conference. Date and time to be determined later. Both the entrance and exit conferences will be advertised as special public meetings, so all councilmembers interested are encouraged to attend. Jessica Rowe has started her position part time with Community and Economic Development, and part time with Finance. Her role in Finance is primarily passport processing. With Jessica’s position, passport hours will increase from 20 hours a week to 22 hours a week, beginning August 1. Minutes of the City of Arlington City Council Workshop July 22, 2019 Page 3 of 4 Discussion on Discharging of Fireworks within City Limits City Administrator Paul Ellis invited Chief Ventura and Chief Kraski to join the conversation. Mr. Ellis spoke of the ongoing conversation regarding the discharge of fireworks within Arlington city limits. He distributed documents to councilmembers that he had previously emailed to them. Included in the documents were statistics from the police department, an outlined communication plan to inform the public of any changes, correspondence from the public, and a memo from Mr. Ellis to Mayor Tolbert outlining the following options for the councilmembers to consider: 1. Advisory vote: Council can elect to solicit an advisory vote from the registered voters in the city limits. The most cost-effective election would be to place the advisory vote on an election with other items such as fire districts, schools or the hospital. Special elections in February or April would be the next available elections that would still meet the hard deadline of the June 15, 2020 Council meeting for formal adoption by the Council. 2. Ordinance to Ban: Council can elect to pass an ordinance banning fireworks without an advisory vote. This would have to be approved by the City Council on or before the June 15, 2020 Council meeting to take effect in July of 2021. 3. Ordinance to Further Restrict Discharge: Council could also adopt further restrictions on the dates and/or hours on the discharge of fireworks. Some jurisdictions have also adopted ordinance that authorize specific officials to prohibit fireworks during emergency conditions such as high fire danger. 4. Emergency Declaration: The Council could, in theory, also adopt some kind of an emergency finding to declare that the ordinance is necessary for public health or safety, and in that event, there would need to be at least a majority plus one of the council (i.e., 5 members) vote in favor of such an ordinance. An emergency declaration would not waive the one-year effective date. Councilmembers discussed their desire for a stronger enforcement of illegal fireworks, whether to ban fireworks in the city limits, and the possibility of choosing one central location within city limits for members of the public to discharge fireworks, while banning the discharge of fireworks elsewhere within the city limits. Chief Ventura spoke of what would be necessary to more strictly enforce illegal fireworks, and a ban of fireworks within city limits, as well. It was discussed that at the upcoming Snohomish County Council Public Hearing on Wednesday, July 24, there will be a vote whether to ask the voters if they wish to enact an ordinance prohibiting the sale, possession, and discharge of consumer fireworks in the unincorporated areas of Snohomish County. there may be an advisory ballot vote to all qualified voters in Snohomish County on November 5, 2019, depending on the decision of the County Council. There was discussion tonight whether to follow the county and place an advisory vote for the city limits of Arlington on the ballot, as well. There will be additional conversation at the August 5 Council meeting regarding adopting a resolution for an advisory vote on the November 5, 2019 ballot. Minutes of the City of Arlington City Council Workshop July 22, 2019 Page 4 of 4 PUBLIC COMMENT Pastor Russ Nuss of Crossroads Fellowship Church spoke in support of allowing fireworks within the city limits of Arlington. He has been selling fireworks for approximately 30 years, and the proceeds from the sales are used for funding several different non-profit programs. He enjoys celebrating the 4th of July with fireworks and patriotism. Miscellaneous Council Items None. ADMINISTRATOR AND STAFF REPORTS City Administrator Paul Ellis indicated that next Monday, July 29 is the fifth Monday of the month, with no council meeting. He distributed a flier announcing the Open House to view preliminary designs for the 204th St NE and 77th Ave NE Roundabout project. This has been advertised as a special meeting, so all councilmembers interested are encouraged to attend. Mr. Ellis reminded councilmembers of National Night Out, which is being held Tuesday, August 6. Anyone interested in attending was encouraged to contact Kristin Banfield. COUNCILMEMBER REPORTS Councilmember Schuette provided a brief update, while Councilmembers Weiss, Stickles, Hopson, Oertle, and Roundy had nothing to report this evening. MAYOR’S REPORT Mayor Tolbert distributed a document to councilmembers from her attendance at the Housing Affordability Regional Task Force meeting. A brief discussion followed. EXECUTIVE SESSION None. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:19 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: NB #1 Attachment B applications; Shirley Case from the Stillaguamish Valley Genealogical Society. committee 2017-applicants are qualified and willing to serve, therefore the lodging tax committee is asking the council Jennifer Egger Arlington, WA 98223 ✔ 03/12/19 (Attach page for additional space) I am currently the executive director of the Stilly Valley Chamber of Commerce. I have also served on the PARC commission for the past two years. Lodging Tax applicants must attach a letter of support from the organization they are representing. City of Arlington Council Agenda Bill Item: NB #2 Attachment C Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied,including but not limited to warranties of suitability for a particular purpose or use. Map data arecompiled from a variety of sources which may contain errors and users who rely upon the informationdo so at their own risk. Users agree to indemnify, defend, and hold harmless the City of Arlington for anyand all liability of any nature arising out of or resulting from the lack of accuracy or correctness of thedata, or the use of the data presented in the maps. Exhibit A Grandview North BLA City of Arlington Date: File: Cartographer: Scale:EmoryLofts_8.5x11_19 7/2 /20 19 akc 1 inch = 1 75 fe et Legend Convey to Grand view Convey to Grand view Convey to the City Convey to the City NewParcel B New Parcel CNew Parcel A N WEST AVE E 3RD ST E 2ND ST E 1ST ST E MAPLE ST S OLYMPIC AVESWEST AVE N OLYMPIC AVE Draft Parcel B Parcel A Parcel C N WEST AVE E 3RD ST E 2ND ST E 1ST ST E MAPLE ST S OLYMPIC AVES WEST AVE N OLYMPIC AVE BEFOR E AFTER ± Grandview BLA Convey to C ity Convey to G randview Parcel A Parcel B Parcel C Grandview Parcels (AFTER) Parcels (SnoCo) City of Arlington Council Agenda Bill Item: NB #3 Attachment D COUNCIL MEETING DATE: August 5, 2019 SUBJECT: 2019 Terrace Park Renovation Project Award ATTACHMENTS: City of Arlington Certified Bid Tabulation DEPARTMENT OF ORIGIN Public Works; Jim Kelly – Public Works Director 360-403-3505 EXPENDITURES REQUESTED: $78,411.00 BUDGET CATEGORY: Park Improvement Fund $85,000 BUDGETED AMOUNT: $85,000 LEGAL REVIEW: DESCRIPTION: Award of the 2019 Terrace Park Renovation Project to Diverse Contractors, Inc. HISTORY: The City budgeted in 2019 for the renovation of Terrace Park. Work includes re-shaping of the existing terrace steps between the two concrete stairs, removing 13 trees and associated roots exposed in the stepped terraces, and installation of a concrete sidewalk and new split rail fence. Work also includes final grading and hydroseeding. The project was advertised for bid in June and bids were opened on July 11th. The City certified bid tabulation is attached with Diverse Contractors, Inc. being the qualified low bidder with a bid of $78,411.00. City Attorney. City of Arlington Council Agenda Bill Item: NB #4 Attachment E COUNCIL MEETING DATE: August 5, 2019 SUBJECT: 2019 Merchants Parking Lot Improvement Project Award ATTACHMENTS: City of Arlington Certified Bid Tabulation and Merchants Parking Lot map DEPARTMENT OF ORIGIN Public Works; Jim Kelly – Public Works Director 360-403-3505 EXPENDITURES REQUESTED: $ 178,717.81 BUDGET CATEGORY: Streets Dept /Storm CIP $150,000 total budgeted BUDGETED AMOUNT: $150,000 LEGAL REVIEW: DESCRIPTION: Award of the 2019 Merchants Parking Lot Paving Project to Fidalgo Paving and Construction. HISTORY: The City budgeted $150,000 in 2019 for the removal, regrading, and re-paving, and striping of the Merchant’s Parking Lot and alleyway in downtown Arlington. A portion of the project will also include upgrades to the stormwater system in that area. The project was advertised for bid in June and bids were opened on July 11th. The City certified bid tabulation is attached with Fidalgo Paving and Construction being the qualified low bidder with a bid of $178,717.81. Paving Area Centennial Trail E 3RD ST E 4TH ST N MACLEOD AVE N OLYMPIC AVE Merchants Pa rking LotVicinity Map±City of Arlington Date: File: Cartographer: Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express orimplied, including but not lim ited to warranties of suitability for a particular purpose or use. M apdata are compiled from a variety of sources which may contain errors and users who rely upon theinformation do so at their own risk. Users agree to indemnify, defend, and hold harmless the City ofArlington for any and all liability of any nature arising out of or resulting from the lack of accuracy orcorrectness of the data, or the use of the data presented in the maps. Scale:Merchants_Outreach_PLN 7/30/2019 akc 1 inch = 1 00 fe et Legend Paving Area Centenn ial Trail City of Arlington Council Agenda Bill Item: NB #5 Attachment F COUNCIL MEETING DATE: August 5, 2019 SUBJECT: SR-530 and Smokey Point Blvd Interim Signal Project Award ATTACHMENTS: No attachments – Bids due August 2. Bid tab to be distributed at meeting. DEPARTMENT OF ORIGIN Public Works; Jim Kelly – Public Works Director 360-403-3505 EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: Transportation Improvement Fund, not budgeted BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Award of the SR-530 and Smokey Point Blvd Interim Signal Project to the lowest qualified bidder. HISTORY: Over the past decade, traffic on SR-530 passing through Island Crossing has increased to a 2019 traffic volume of approximately 23,000 vehicles per day. The SR-530 and Smokey Point Blvd intersection was operating at a Level of Service (LOS) “D” prior to Pilot Travel Center opening, after the opening the LOS decreased and made traffic conditions worse. More specifically, trucks on Smokey Point Blvd that are turning left on to SR-530, create a high degree of hazard due to their slow movement and unregulated traffic movement on SR-530. The City of Arlington, WSDOT and the Stillaguamish Tribe of Indians worked together to develop an interim signal plan that will control traffic movements through this intersection until the permanent City of Arlington Council Agenda Bill Item: NB #6 Attachment G Arlington. The results of the measure will be presented to City Council for consideration at a later date. Any action to change the current Arlington Municiwill need to occur on or before June 15, 2020 to take effect July 2021. There is no additional cost to the city to add this to the November general election. The resolution cutoff RESOLUTION NO. 2019-XXX 1 RESOLUTION NO. 2019--XXX A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARLINGTON AT AN ELECTION TO BE HELD ON NOVEMBER 5, 2019, AN ADVISORY BALLOT SEEKING CITIZEN INPUT REGARDING THE BANNING OF THE POSSESSION, SALE AND DISCHARGE OF FIREWORKS EXCEPT FOR STATE REGULATED PUBLIC DISPLAYS OF FIREWORKS WITHIN THE CITY OF ARLINGTON WHEREAS, an advisory measure on the November General Election Ballot would accomplish the desired goal of measuring citizen interest in the Council's exercise of the power to ban the possession, sale and discharge of fireworks except for state regulated public displays of fireworks; and, WHEREAS, the Council, as the legislative body for the City of Arlington, must formally place the ballot measure before the voters along with an Explanatory Statement and "For" and "Against" Statements through a Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DOES HEREBY RESOLVE, as follows: Section 1. Findings. The City Council hereby finds and declares an advisory ballot measure for the General Election in November, 2019 is in the best interest of the City and its citizens, to establish the measure of citizen interest in the Council banning the possession, sale and discharge of all fireworks within the city, with the exception of state regulated public displays of fireworks as defined in RCW 70.77.160. Section 2. Election. It is hereby found that in order to formally measure citizen input on banning fireworks through the General Election in November, the Council must authorize the ballot measure as described in Section 2, at an election to be held on the 5th day of November, 2019. The Snohomish County Auditor as ex officio supervisor of elections is hereby requested to assume jurisdiction of and to call and conduct said election to be held within the City and to submit to the qualified electors of the City the proposition hereinafter set forth. The City Clerk is hereby authorized and directed, not less than 45 days prior to November 5, 2019, to certify the following proposition to the Snohomish County Auditor in substantially the following form: CITY OF ARLINGTON ADVISORY VOTE ON FIREWORKS The Arlington City Council seeks citizen input regarding the banning of all fireworks, including consumer fireworks that are currently legal. The measure will advise the City whether there is citizen support for banning the possession, sale and discharge of all fireworks, including legal fireworks, within the City of Arlington. Should the City Council of Arlington ban the possession, sale and discharge of all fireworks within the City of Arlington? RESOLUTION NO. 2019-XXX 2 YES . . . . . NO . . . . . Section 3. 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 4. The election will be held on Tuesday, November 5, 2019. Section 5. 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 6. Severability. 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. PASSED BY the City Council and APPROVED by the Mayor this 5th day of August, 2019. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: NB #7 Attachment H COUNCIL MEETING DATE: August 5, 2019 SUBJECT: Resolution Declaring the Intent to Adopt Legislation to Authorize a Sales and Use Tax for Affordable and Supportive Housing ATTACHMENTS: Resolution and AWC briefing on HB 1406 DEPARTMENT OF ORIGIN Administration – Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: House Bill 1406 was approved in the 2019 legislative session, and provides a rebate of up to 0.0146% of local sales tax revenue for use in affordable housing programs. The program created a rebate of the state’s share of local sales tax, and does not increase the sales tax rate or come from city sales tax revenue. The I move to approve the resolution for the intent to participate in the HB 1406 sales tax rebate and authorize the mayor to sign the resolution. RESOLUTION NO. 2019-XXX 1 RESOLUTION NO. 2019--XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON DECLARING THE INTENT OF THE CITY OF ARLINGTON TO ADOPT LEGISLATION TO AUTHORIZE A SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS OF 2019), AND OTHER MATTERS RELATED THERETO. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, and for the operations and maintenance costs of affordable or supportive housing, for cities of 100,000 or less; and WHEREAS, the tax will be credited against state sales taxes collected within the City and, therefore, will not result in higher sales and use taxes within the City and will represent an additional source of funding to address housing needs in the City; and WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City median income; and WHEREAS, the City has a housing need for low income affordable housing and has determined that imposing the sales and use tax to address this need will benefit its citizens; and WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406; and WHEREAS, the City Council now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON AS FOLLOWS: Section 1. Resolution of Intent. The City Council declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020. RESOLUTION NO. 2019-XXX 2 Section 2. Further Authority; Ratification. All City officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date are hereby ratified. Section 3. Effective Date. This resolution shall take effect immediately upon its passage and adoption. PASSED BY the City Council and APPROVED by the Mayor this 5th day of August, 2019. CITY OF ARLINGTON ______________________________ Barbara Tolbert, Mayor Attest: ______________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ______________________________ Steven J. Peiffle City Attorney