HomeMy WebLinkAbout01-09-2012_Council Workshop
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CALL TO ORDER
I’d like to call the meeting to order
PLEDGE OF ALLEGIANCE
Please stand for the Pledge of Allegiance
ROLL CALL
Jan Bauer
APPROVAL OF THE AGENDA
Steve Baker
WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN
1. (5 min) SR9 ROW Annexation
David Kuhl
2. (5 min) SR531 ROW Annexation
David Kuhl
3. (10 min) Interlocal Agreement with Snohomish County regarding Annexation of a Portion of
SR 9 and SR 531
David Kuhl
4. (5 min) Consideration of Notification of Intention to Annex - 10% Petition for Star Annexation
David Kuhl
5. (5 min) Sapphire Partners Final Short Plat - Dedications and Easements
David Kuhl
6. (5 min) Acceptance of FEMA A.F.G. grant and approval to purchase Hose & Nozzles from
LN Curtis
Bruce Stedman
7. (5 min) Public Art dedications
Sarah Lopez
Arlington City Council Workshop
January 9, 2012 – 7 PM
City Council Chambers ~ 110 E. Third
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.
8. (5 min) Selection of Mayor ProTem
Mayor Tolbert
9. (5 min) Resolution on Public Safety Sales Tax – April Ballot
Allen Johnson / Kristin Banfield
10. Miscellaneous Council Items
EXECUTIVE SESSION
• Discussion of pending or potential litigation [RCW 42.30.110(1)(i)]
Steve Peiffle
ADJOURNMENT
To open all attachments, click here
ORDINANCE NO. 2011-XXX 1
ORDINANCE NO. 2012-XXX
AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE
CITY OF ARLINGTON OF CERTAIN
UNINCORPORATED RIGHT OF WAY SITUATED WITHIN
SNOHOMISH COUNTY, AND REPEALING ORDINANCE 2011-010
WHEREAS, the City Council of the City of Arlington, Washington, requested that
certain right-of way be annexed; and
WHEREAS, RCW 35.21.790 provides for the of corporate boundary within street, road,
or highway right-of-way; and
WHEREAS, RCW 35.21.790 provides that the governing bodies of a county and any city
or town located therein may by agreement revise any part of the corporate boundary of the city
or town which coincides with the centerline, edge, or any portion of a public street, road or
highway right-of-way by substituting therefore a right-of-way line of the same public street, road
or highway so as fully to include that segment of the public street, road or highway into the
corporate limits of the city or town; and
WHEREAS, the revision of a corporate boundary as authorized under RCW 35.21.790
shall become effective when approved by ordinance of the city or town council or commission
and by ordinance or resolution of the county council. Such a boundary revision is not subject to
potential review by a boundary review board; and
WHEREAS, said property is composed of incorporated land, situated within Snohomish
County, Washington, which is surrounded by said city;
NOW, THEREFORE, be it ordained by the City Council of the City of Arlington, as
follows:
Section 1. There is hereby annexed to the City of Arlington the following described
property:
Commonly known as: described below and shown on Exhibits “B-1” and “B-2”:
All that portion of the Northwest quarter of the Southwest quarter of Section 24,
Township 31 North, Range 5 East, W.M., described as follows:
ORDINANCE NO. 2011-XXX 2
COMMENCING at the Northwest corner of said subdivision; thence S 89° 06’ 43” E
along the North line thereof a distance of 663.82 feet to a point on the Westerly margin of
State Route 9 and the TRUE POINT OF BEGINNING; thence continue S 89° 06’ 43”
E a distance of 157.85 feet to a point on the Easterly margin of State Route 9, Right-of-
Way of State Route 9 being 150.00 feet, thence S 17° 15’ 08” E along said Easterly
margin a distance of 1295.75 feet to the beginning of a spiral curve to the right where
A=1, L=1.0 and DE=0°30’; thence following the chord length S 17° 13’ 45” E a distance
of 103.09 feet to the South line of the Northwest quarter of the Southwest quarter of said
Section 24; thence N 89° 11’ 05” W along said South line a distance of 157.76 feet to the
Westerly margin of State Route 9, said point being in a spiral curve; thence N 17° 13’
45” W along the chord of said spiral curve a distance of 54.16 feet; thence N 17° 15’ 08”
W a distance of 1344.89 feet to the TRUE POINT OF BEGINNING.
Situate in the County of Snohomish, State of Washington.
Section 2. City of Arlington Ordinance 2011-010 shall be and hereby is repealed.
Section 3. That this Ordinance shall take effect and be in full force after being
approved by the County Council of Snohomish County as provided for under RCW 35.21.790.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2012.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2012-XXX 1
ORDINANCE NO. 2012-XXX
AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE
CITY OF ARLINGTON OF CERTAIN
UNINCORPORATED RIGHT OF WAY SITUATED WITHIN
SNOHOMISH COUNTY, AND REPEALING ORDINANCE 2011-009
WHEREAS, the City Council of the City of Arlington, Washington, requests that certain
right-of way be annexed; and
WHEREAS, RCW 35.21.790 provides for the of corporate boundary within street, road,
or highway right-of-way; and
WHEREAS, RCW 35.21.790 provides that the governing bodies of a county and any city
or town located therein may by agreement revise any part of the corporate boundary of the city
or town which coincides with the centerline, edge, or any portion of a public street, road or
highway right-of-way by substituting therefore a right-of-way line of the same public street, road
or highway so as fully to include that segment of the public street, road or highway into the
corporate limits of the city or town; and
WHEREAS, the revision of a corporate boundary as authorized under RCW 35.21.790
shall become effective when approved by ordinance of the city or town council or commission
and by ordinance or resolution of the county council. Such a boundary revision is not subject to
potential review by a boundary review board; and
WHEREAS, said property is composed of incorporated land, situated within Snohomish
County, Washington, which is surrounded by said city.
Section 1. That there is hereby annexed to the City of Arlington the following
described property:
Commonly known as: described below and shown on Exhibits “A-1” and “A-2”:
All that portion of the Northeast quarter of the Northeast quarter and of the Northwest quarter of
the Northeast quarter, all in Section 26, Township 31 North, Range 5 East, W.M., described as
follows:
BEGINNING at the Northeast corner of the Northeast quarter of said Section 26; thence N 87°
24’ 46” W along the North line of the Northeast quarter of said Section 26 a distance of 2169.62
feet; thence S 76° 29’ 49” E a distance of 12.23 feet to the beginning of a tangent curve to the
left having a radius of 1530.00 feet; thence along the arc of said curve through a central angle of
ORDINANCE NO. 2012-XXX 2
10° 54’ 57” a distance of 291.49 feet to a point 30.00 feet South of, as measured perpendicular
to, the North line of said subdivision; thence S 87° 24’ 26” E parallel to said North line a
distance of 1869.44 feet to the East line of said subdivision; thence N 0° 24’ 10” W a distance of
30.04 feet to the Northeast corner of said subdivision and the TRUE POINT OF BEGINNING.
TOGETHER WITH, the North 30.00 feet of the West half of the Northwest quarter of the
Northwest quarter of Section 25, Township 31 North, Range 5 East, W.M.
TOGETHER WITH, the South 30.00 feet of the West half of the Southwest quarter of the
Southwest quarter of Section 24, Township 31 North, Range 5 East, W.M.
All Situate in the County of Snohomish, State of Washington.
Section 2. City of Arlington Ordinance 2011-010 shall be and hereby is repealed.
Section 3. That this Ordinance shall take effect and be in full force after being
approved by the County Council of Snohomish County as provided for under RCW 35.21.790.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2012.
CITY OF ARLINGTON
____________________________________
Barbara Tolbert, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
10% PETITION FOR ANNEXATION TO THE CITY OF ARLINGTON, WASHINGTON
ANNEXATION NAME STAR ANNEXATION File No. PLN20110047
TO: City Council of the City of Arlington
238 North Olympic Avenue
Arlington, Washington 98223
WE THE UNDERSIGNED, being the owners of not less than 10% in value, according to the assessed valuation for
general taxation, of the real property described on the reverse, or any portion thereof, lying contiguous to the City of
Arlington, Washington, do hereby petition that such territory be annexed to and made a part of the City of Arlington,
Washington under the provisions of RCW 35A.14.120, et. seq., and any amendments thereto, of the State of
Washington.
The territory proposed to be annexed is within Snohomish County, Washington and is described on Exhibit “A” (legal
description) attached herein.
WHEREFORE the undersigned respectfully petition the Honorable City Council and ask:
a) That appropriate action be taken to entertain this Petition, fixing a date for a public hearing, causing notice to
be published and posted specifying the time and place of such hearing and inviting all persons interested to
appear and voice approval or disapproval of such annexation; and
b) That following such hearing, and subsequent to approval by the Snohomish County Boundary Review Board, if
such is convenient, the City Council determine by ordinance that such annexation shall be effective and that
property to be annexed shall become a part of the City of Arlington, Washingto n subject to its laws and
ordinances then and thereafter in force, including a Comprehensive Plan to become effective upon annexation
if the same is provided pursuant to RCW 35A.14.330.
The undersigned hereby petition the Arlington City Council to annex the property described in Exhibit “A” attached
herein into the City of Arlington, with that property assuming the proportionate share of the City’s bonded
indebtedness and assuming the land use designation of General Commercial and High Density Residential in the
Comprehensive Plan and zoning designation of General Commercial and High Density Residential in the Arlington
Municipal Code Official Zoning Map in accordance with the requirements of the City Council of said City, as noted
in the minutes of entry of the records of the City Council meeting.
This Petition is accompanied and has attached herein as Exhibit “B” a diagram that outlines the boundaries of the
property sought to be annexed.
These pages are a group of pages containing an identical text and prayer intended by the signers of this Petition to be
presented and considered as one Petition and may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Petition.
PRAYER OF PETITION:
1. Annexation of area described in Exhibits “A” and “B;” and
2. Assumption of a proportionate share of indebtedness of the City of Arlington; and
3. Assumption of the City of Arlington Comprehensive Plan and the Unified Development Code and Official Zoning
Map land use designations and zoning districts for the subject area.
INSTRUCTIONS TO SIGNERS AND VOLUNTEER SOLICITORS
1. Sign your name as you sign on legal documents; married women sign “Mary D . Jones” not “Mrs. John D. Jones.”
2. Only property owners should sign.
3. The signature of a record owner, as determined by the records of the County Auditor, shall be sufficient without the
signature of his or her spouse.
4. In case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her
spouse.
STAR ANNEXATION
CITY OF ARLINGTON, WA
ADDENDUM TO LAND USE APPLICATION / ANNEXATION FORM
Land Use Application references to “See Attached Addendum” as stated on the application form.
The signed applicants and proponents for this annexation request are Gray1 Washington LLC
and Equity Funding LLC.
List all property Parcel Numbers (all 14 digits)
31052400300800
31052400300700
31052400300900
31052400301000
31052500103400
31052500102200
31052500200100 Applicant – Gray1 Washington LLC
31052500201800 Applicant – Equity Funding LLC
31052500201900 Applicant – Equity Funding LLC
31052500201600 Applicant – Equity Funding LLC
Points of Access to Property
The subject parcels are accessed by two intersecting roads. 172nd Street NE provides direct
access to the northern four parcels and to the parcel along its southern boundary. These parcels
are owned by Zahradnik and Allen along the north side of 172nd and Gray1 Washington LLC
along the south side of 172nd.
91st Avenue NE provides direct frontage access to the parcels owned by Gray1 Washington LLC,
Equity Funding, Tanis and Lindell.
Four of the western most parcels front SR 9 and according to the Washington State Department
of Transportation, direct site access from this state highway will not be allowed.
Street or known address of property
The proposed annexation includes ten tax parcels. The addresses are as follows;
Owner Address Parcel Number
Zahradnik, Evelyn 8911 172nd St. NE 31052400300800
Zahradnik, Evelyn 8905 172nd St. NE 31052400300700
Allen, Charlene Unknown 31052400300900
Allen, Charlene 8927 172nd St NE 31052400301000
Addendum to the application for the Star annexation to the City of Arlington, WA
1 of 3
Street or known address of property (cont.)
Owner Address Parcel Number
Tanis, Frank 17007 91st Ave NE 31052500103400
Lindell, Bill 1702791st Ave NE 31052500102200
Gray1 Washington LLC 9010 172nd St. NE 31052500200100
Equity Funding LLC 17020 91st Ave NE 31052500201800
Equity Funding LLC 16914 91st Ave NE 31052500201900
Equity Funding LLC 16828 91st Ave NE 31052500201600
Legal Description of Property – (source is Snohomish County Assessor’s profiles)
31052400300800 SEC 24 TWP 31 RGE 05 RT-14A-15A) W1/2 E1/2 SE1/4 SW1/4 EXC
S1/2 E1/2 THOF SUBJ ESE PUD
31052400300700 SEC 24 TWP 31 RGE 05 RT-14 & 15) E1/2 E1/2 SE1/4 SW1/4 LESS
S1/2 OF W1/2 THOF REFER TO 243105-3-007-0106 FOR MH ONLY
31052400300900 SEC 24 TWP 31 RGE 05 RT-15B) S1/2 W1/2 E1/2 E1/2 SE1/4 SW1/4
31052400301000 SEC 24 TWP 31 RGE 05 RT-15C S1/2 E1/2 W1/2 E1/2 SE1/4 SW1/4
EXC CO RD SUBJ ESE PUD IF ANY
31052500103400 SEC 24 TWP 31 RGE 05 RT-15B) S1/2 W1/2 E1/2 E1/2 SE1/4 SW1/4
31052500102200 SEC 25 TWP 31 RGE 05 S 69.5FT OF W 330FT OF FDT - N 264FT OF
W 660FT OF NW1/4 NE1/4 EXC W 30FT FOR CO RD AKA PTN OF
TR 1 OF SP307(7-77) AF NO 7709090208
31052500200100 Section 25 Township 31 Range 05 Quarter NW N1/2 N1/2 NE1/4 NW1/4
EXC PTN LY W OF SR 9 AS CONVYD TO ST OF WA REC AFN
790468 & 1206146 & ALSO EXC CO RDS ALG N & E SIDES & LESS
RD R/W TO ST OF WA PER WD REC AFN 201105040323
31052500201800 Section 25 Township 31 Range 05 Quarter NW LOT 1 OF SNO CO PFN
00-100817 SP REC UND AFN 200012145001 BEING PTN NE1/4
NW1/4 SD SEC 25 LY ELY SR 9 EXC WLY PTN TO STATE OF WA
FOR R/W PER WD REC UND AFN 201108190182
31052500201900 Section 25 Township 31 Range 05 Quarter NW LOT 2 OF SNO CO PFN
00-100817 SP REC UND AFN 200012145001 BEING PTN S1/2 NE1/4
NW1/4 SD SEC 25 LY ELY SR 9 EXC WLY PTN TO STATE OF WA
FOR R/W PER WD REC UND AFN 201108190182
31052500201600 Section 25 Township 31 Range 05 Quarter NW S 300FT NE1/4 NW1/4
SD SEC 25 LY E SSH 9 AS EST BY AFN 1213644 EXC CO RD AKA
LOT 2 OF SP NO ZA9004213SP REC UND AFN 9107190354 EXC
WLY PTN TO STATE OF WA FOR R/W PER WD REC UND AFN
201108190182
Applicant’s legal description is attached from recent survey performed by Orca Land Surveying.
Addendum to the application for the Star annexation to the City of Arlington, WA
2 of 3
Addendum to the application for the Star annexation to the City of Arlington, WA
3 of 3
Approximate acreage AND square footage of property
Parcel Number Acreage Square Footage
31052400300800 7.5 326,7000
31052400300700 7.5 326,700
31052400300900 2.5 108,900
31052400301000 2.5 108,900
31052500103400 .48 20,909
31052500102200 1.0 43,560
31052500200100 7.2766 316,696
31052500201800 9.42 410,335
31052500201900 7.04 306,662
31052500201600 7.06 307,534
Existing zoning of property
Parcel Number Zoning
31052400300800 LDMR
31052400300700 R-7200
31052400300900 R-7200
31052400301000 LDMR
31052500103400 R-7200
31052500102200 R-7200
31052500200100 PCB
31052500201800 LDMR
31052500201900 R-7200
31052500201600 R-7200
Existing comprehensive plan designation of property
31052400300800 UMDR
31052400300700 ULDR
31052400300900 ULDR
31052400301000 UMDR
31052500103400 ULDR
31052500102200 ULDR
31052500200100 UCOM
31052500201800 UMDR
31052500201900 ULDR
31052500201600 ULDR
SR 531172nd St NE 172nd St NE
Portage Creek
Star Annexation±
City of Arlington
Date:
File:
Cartographer:
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but notlimited to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources whichmay contain errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend,and hold harmless the City of Arlington for any and all liability of any nature arising out of or resulting from the lack ofaccuracy or correctness of the data, or the use of the data presented in the maps.
Airpo rtOff rampsRail lineRest are aInterstateState Rou te sMajor R oad sPrimary Ro ad s
StreetsparcelsCLIP selectionArlington_UGAENTITYCity LimitsUGA
Scale:Star_Annex_8.5x11_092611.mxd
09/26/11 TH
1 inch = 477 fe et
Legend
Star Annexation Process Timeline
Discussion regarding consideration of 10% Petition (City Council
Workshop, no action, 1/9/12)
Consideration of 10% Petition – Council schedules a “meeting” with
initiating parties, to occur at a regular City Council meeting, to decide if
an annexation petition will be entertained, whether the area will
assume proportionate share of debt, and whether zoning will be
assumed for annexed area (City Council Meeting, 1/17/12)
Acceptance of 10% Petition and Approval to move forward on 60%
petition (City Council Meeting, 2/6/12)
Circulation of 60% petition for signatures (signatures of not less than
60% of the assessed valuation of the proposed annexation area)
Return of the Petition to the City by the Proponents
City Council holds a public hearing on possible approval of 60% petition
(City Council Meeting, 3/5/12)
City Council approval of 60% petition (City Council Meeting, 3/19/12)
60% materials are sent to County Assessor and County Planning for
legal verification
Materials returned by County for corrections (legal descriptions/maps)
County review by Planning Committee of County Council
County Council referral to State Boundary Review Board
Review by Boundary Review Board (BRB) (45 days)
If BRB does not invoke jurisdiction, approval of final ordinance, map
and legal description by City Council (City Council meeting, May-June)
Documents sent to County for Adoption
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
RESOLUTION NO. 2012-xxx___
RESOLUTION NO. 2012-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED
VOTERS OF THE CITY AT THE APRIL 17, 2012 SPECIAL ELECTION OF A
PROPOSITION AUTHORIZING AN ADDITIONAL SALES AND USE TAX
AT THE RATE OF 0.1 PERCENT PURSUANT TO RCW 82.14.450 TO BE
USED EXCLUSIVELY FOR POLICE AND FIRE PROTECTION PURPOSES;
PROVIDING A FORM OF THE BALLOT PROPOSITION; ENTERING
LEGISLATIVE FINDINGS; AND PROVIDING DIRECTION TO STAFF.
WHEREAS, ensuring the protection and safety of the Arlington community is a
fundamental priority of the City of Arlington; and
WHEREAS, the recent economic downtown has significantly reduced the financial
resources available to the City, including the resources available for police and fire protection
activities; and
WHEREAS, the Washington Legislature has recently amended RCW 82.14.450 to
authorize cities to submit a proposition to local voters approving a sales and use tax increase, the
revenues from which may be utilized for police and fire protection purposes; and
WHEREAS, in accordance with RCW 82.14.450, the City Council desires to submit a
proposition to local voters authorizing an additional sales and use tax at the rate of 0.1 percent of
the selling price and 0.1 percent of the value of the article used, respectively, the revenues from
which will be used by the City exclusively for police and fire protection purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Findings. The above recitals are hereby adopted as legislative findings by the
City Council. The City Council further finds that the best interests and general welfare of the
City of Arlington would be served by imposing a 0.1 percent increase in the local sales and use
tax rate and utilizing the revenues collected from said tax for police and fire protection purposes.
Section 2. Election. The Snohomish County Auditor, as ex officio supervisor of elections,
is hereby requested to submit to the qualified electors of the City of Arlington the proposition set
forth in Section 3 of this resolution at the April 17, 2012 election to be held within the City.
Section 3. Ballot Proposition. The City Clerk is hereby authorized and directed, no later
than March 2, 2012, to certify the following proposition to the Snohomish County Auditor in
substantially the following form:
RESOLUTION NO. 2012-xxx___
CITY OF ARLINGTON
PROPOSITION NO. ____
SALES AND USE TAX INCREASE FOR
POLICE AND FIRE PROTECTION PURPOSES
The City Council of the City of Arlington has adopted Resolution
No. 2012-xxx concerning a sales and use tax pursuant to RCW
82.14.450. If approved, this proposition would authorize an
additional sales and use tax at the rate of 0.1 percent to be used
exclusively for police and fire protection purposes. Should this
proposition be
APPROVED? ……………….
REJECTED? …………………
Section 4. Changes. 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 Auditor, provided that the intent of the proposition remains clear and consistent with the
intent of this resolution as approved by the City Council.
Section 5. Effective Date. This resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Arlington this _____ day of
__________________, 2012.
CITY OF ARLINGTON
___________________________
Barbara Tolbert, Mayor
Attest:
_____________________________
Kristin Banfield, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
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RCWs > Title 82 > Chapter 82.14 > Section 82.14.450
82.14.440 << 82.14.450 >> 82.14.455
RCW 82.14.450
Sales and use tax for counties and cities.
(1) A county legislative authority may submit an authorizing proposition to the county voters at a
primary or general election and, if the proposition is approved by a majority of persons voting, impose
a sales and use tax in accordance with the terms of this chapter. The title of each ballot measure must
clearly state the purposes for which the proposed sales and use tax will be used. The rate of tax under
this section may not exceed three-tenths of one percent of the selling price in the case of a sales tax,
or value of the article used, in the case of a use tax.
(2)(a) A city legislative authority may submit an authorizing proposition to the city voters at a
primary or general election and, if the proposition is approved by a majority of persons voting, impose
a sales and use tax in accordance with the terms of this chapter. The title of each ballot measure must
clearly state the purposes for which the proposed sales and use tax will be used. The rate of tax under
this subsection may not exceed one-tenth of one percent of the selling price in the case of a sales tax,
or value of the article used, in the case of a use tax. A city may not begin imposing a tax approved by
the voters under this subsection prior to January 1, 2011.
(b) If a county adopts an ordinance or resolution to submit a ballot proposition to the voters to
impose the sales and use tax under subsection (1) of this section prior to a city within the county
adopting an ordinance or resolution to submit a ballot proposition to the voters to impose the tax under
this subsection, the rate of tax by the city under this subsection may not exceed an amount that would
cause the total county and city tax rate under this section to exceed three-tenths of one percent. This
subsection (2)(b) also applies if the county and city adopt an ordinance or resolution to impose sales
and use taxes under this section on the same date.
(c) If the city adopts an ordinance or resolution to submit a ballot proposition to the voters to
impose the sales and use tax under this subsection prior to the county in which the city is located, the
county must provide a credit against its tax under subsection (1) of this section for the city tax under
this subsection to the extent the total county and city tax rate under this section would exceed three-
tenths of one percent.
(3) The tax authorized in this section is in addition to any other taxes authorized by law and must
be collected from those persons who are taxable by the state under chapters 82.08 and 82.12 RCW
upon the occurrence of any taxable event within the county.
(4) The retail sale or use of motor vehicles, and the lease of motor vehicles for up to the first
thirty-six months of the lease, are exempt from tax imposed under this section.
(5) One-third of all money received under this section must be used solely for criminal justice
purposes, fire protection purposes, or both. For the purposes of this subsection, "criminal justice
purposes" has the same meaning as provided in RCW 82.14.340.
(6) Money received by a county under subsection (1) of this section must be shared between the
county and the cities as follows: Sixty percent must be retained by the county and forty percent must
be distributed on a per capita basis to cities in the county.
(7) Tax proceeds received by a city imposing a tax under this section must be shared between the
county and city as follows: Fifteen percent must be distributed to the county and eighty-five percent is
retained by the city.
[2010 c 127 § 1; 2009 c 551 § 1; 2007 c 380 § 1; 2003 1st sp.s. c 24 § 2.]
Notes:
Legislature Home | Senate | House of Representatives | Contact Us | Search | Help
RCW 82.14.450: Sales and use tax for counties and cities.http://apps.leg.wa.gov/rcw/default.aspx?cite=82.14.450
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Finding -- Intent -- 2003 1st sp.s. c 24: "The legislature finds that local governments in
the state of Washington face enormous challenges in the area of criminal justice and public
health. It is the legislature's intent to allow general local governments to raise revenues in
order to better protect the health and safety of Washington state and its residents. It is
further the intent of the legislature to provide such local governments relief from regulatory
burdens that do not harm the public health and safety of the citizens of the state as a
means of minimizing the need to generate new revenues authorized under this act." [2003
1st sp.s. c 24 § 1.]
Effective date -- 2003 1st sp.s. c 24: "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, 2003." [2003 1st sp.s. c 24 § 6.]
Severability -- 2003 1st sp.s. c 24: "If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected." [2003 1st sp.s. c 24 § 7.]
RCW 82.14.450: Sales and use tax for counties and cities.http://apps.leg.wa.gov/rcw/default.aspx?cite=82.14.450
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