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HomeMy WebLinkAbout01-08-24 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Don Vanney PLEDGE OF ALLEGIANCE ROLL CALL Mayor Don Vanney – Julie APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN ATTACHMENT A ATTACHMENT B ATTACHMENT C 1.Ordinance to amend Arlington Municipal Code chapter 13.12 regarding utility rate increases Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 2.Procurement of surplus dump truck from Snohomish County Staff Presentation: Jim Kelly Council Liaison: Michele Blythe 3.Ordinance to amend Arlington Municipal Code title 2.44 regarding the airport commission Staff Presentation: Marty Wray Council Liaison: Yvonne Gallardo-Van Ornam 4.Social Services presentation Heather Logan ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. Arlington City Council Workshop Monday, January 8, 2024 at 6:00 pm City Council Chambers – 110 E 3rd 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. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Don Vanney City of Arlington Council Agenda Bill WS #1 Attachment January 8, 2024 Draft ordinance amending Arlington Municipal Code 13.12 reducing the mandatory 2024 CPI increase to Public Works; James Kelly, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: Utilities BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Proposal to amend Arlington Municipal Code (AMC) 13.12 allowing the city to reduce implementation of the 2024 mandatory water, sewer, and stormwater utility rate increases. AMC 13.12.040 mandates that the water, sewer, and stormwater utility rates be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bellevue area. The current October to October CPI is 4.8%, a CPI that could be an undue burden during current economic times. As such, staff is requesting that the CPI increase for 2024 be reduced to 2.5%. ALTERNATIVES: Remand to staff for additional information. Workshop; discussion only. At the January 16, 2024 Council meeting, the recommended motion will be, "I move to approve the ordinance reducing the scheduled 2024 CPI increase to the water, sewer, and stormwater utility rates, and authorize the Mayor to sign the ordinance." ORDINANCE 2024-XXX 1 ORDINANCE NO. 20232024-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE CONSUMER PRICE INDEX INCREASES IN THE ARLINGTON MUNICIPAL CODE CHAPTER 13.12 PERTAINING TO UTILITY RATES WHEREAS, the City of Arlington has the authority to set rates and charges for its utility system; and WHEREAS, the City of Arlington continues to examine equitable rates for water, sewer, and stormwater service; and WHEREAS, the City’s municipal code contains a CPI adjustment factor which the City Council wishes to reduce for 20232024; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code Section 13.12.040 shall be and hereby is amended to read as follows: 13.12.040 - Water rates and charges. Applicable state and city utility taxes are included in the following rates and charges for water service. The total monthly water charges for every service shall include the Base Charge, and the consumption charge, as set forth below. Beginning on January 15, 20242025, the rates set forth for the year 2023 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE 2024-XXX 2 (1) Minimum monthly Base Charge schedule: Basic Charge By Meter Size INSIDE CITY INSIDE CITY 2023 OUTSIDE CITY RATE 2024 OUTSIDE $47.81 $61.44 $98.97 $375.94 $478.62 (2) Monthly rate schedule charged for water consumption: Rate per 100 cubic feet 2023 INSIDE CITY RATE INSIDE CITY RATE OUTSIDE CITY RATE OUTSIDE CITY RATE First 300 cf Included in Base Charge for SFR and Commercial water services Base Charge for SFR and Commercial water services only Base Charge for SFR and water services only Included in Base Charge for SFR and water services only Next 700 cf $3.13 $3.21 $4.41 $4.52 Over 1,000 cf $3.30 $3.38 $4.65 $4.77 Over 3,000 cf $3.30 $3.38 $4.65 $4.77 (3) Fair and equitable minimum rates for water consumers having meters larger than four inches shall be fixed by the city council and written agreements shall be entered with the users setting forth said rates. The city council may enter into contracts with water users deviating from such rates where special circumstances dictate; provided that, such rates shall not be discriminatory. ORDINANCE 2024-XXX 3 (4) Temporary water service. Temporary water service for construction purposes, or for any other purpose temporary in nature that will not require a permanent service installation must be obtained through a Fire Hydrant Use Permit as stipulated in AMC 13.04.100(e). Charges for temporary use of water shall be as follows: Temporary Water Services Charges $50.0051.25 First 300 cubic feet (cf) Included in base rate Next 700 cubic feet $3.133.21 Over 1,000 cubic feet $3.303.38 (A) The security deposit shall be refunded to the customer after the equipment has been returned and inspected for any damages; customer shall be solely responsible for all damages. Customers shall be billed on a monthly basis for monthly equipment rental charges and usage fees from the date of temporary service installation. (B) Beginning on January 15, 20242025, the usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma- Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Section 2. Arlington Municipal Code Section 13.12.130 shall be and hereby is amended to read as follows: 13.12.130 Residential sewer rates and charges. Applicable state and city utility taxes are included in the following rates and charges for sewer service. The total monthly sewer charges for every SFR and MFR service shall be a flat fee and not based on metered water consumption. The effective dates for the following sewer rates will be based on the city's billing cycle for use beginning on January 1, 20232024. Beginning on January 15, 20242025, the rates set ORDINANCE 2024-XXX 4 forth for the year 2023 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. 2023 RATE 2024 RATE $72.25 $74.06 $55.62 $57.01 Section 3. Arlington Municipal Code Section 13.12.140 shall be and hereby is amended to read as follows: 13.12.140 Commercial sewer rates and charges. (a) All sanitary sewer services connected to any public or private premises that are defined as "Commercial classification" in Section 13.12.110 shall be charged for sanitary sewer service upon the basis of water consumption. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following rates will be based on the city's billing cycle for use beginning on January 1, 20232024. Each user shall pay a minimum monthly charge of one base rate plus a volume rate for all consumption over three hundred cubic feet per month. 300 cubic feet of cubic feet of metered (b) Beginning on January 15, 20242025, and on January 15th each year thereafter the rates set forth for the year 2023 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma- Bellevue area for all urban consumers, or other measure commonly used by the city should it change, provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ORDINANCE 2024-XXX 5 Section 4. Arlington Municipal Code Section 13.12.150 shall be and hereby is amended to read as follows: 13.12.150 Industrial user classification and charges. The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08.250, and Chapter 13.36, shall be as follows: (1)All user charges shall be based upon equitable unit charges established for flow BOD (biochemical oxygen demand) loading and TSS (total suspended solids) loading, based upon the average BOD, TSS and other parameter(s) concentrations (as established by the public works director) monitored for the industrial user and the flow recorded in the monitoring manhole or water use. (2)A minimum monthly charge will be established by the city to cover the basic sewer costs and monitoring of the industrial user's wastewater discharge, and in the event the monthly sewer bill does not exceed this amount the industrial user shall agree to pay the estimated minimum monthly charge. This charge shall be reviewed from time to time and adjusted to ensure the charge is covering the monitoring services and sewer costs provided and must be reviewed every two years. Initially, the monthly charges shall be based on the following, unless otherwise established in the negotiated discharge permit: (A)For an industrial user with waste strength less than two hundred fifty mg/1, measured as five-day BOD and TSS, and other parameters within limits established in Sections 13.08.240, 13.08.250, [and Chapter] 13.36, and whose discharge does not require regular monitoring other than flow, the minimum monthly charge is as set forth below: (B)For an industrial user with waste strength in excess of two hundred fifty mg/l for two months or more per year, the minimum monthly charge is as set forth below: (C)Beginning January 15, 20242025, and each January 15th thereafter, the charges set forth in subsections (l)(A) and (l)(B), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. ORDINANCE 2024-XXX 6 (3)Until such time as a sewer user charge analysis can be conducted to establish equitable charges under a negotiated discharge permit between the city and the industrial user, the following shall be used as the basis for industrial user charges: (A)Flow based charge per cubic foot of wastewater discharged; (B)BOD charge per pound of BOD discharged; and (C)TSS charge per pound of TSS discharged, pursuant to the following table: (D)Beginning January 15, 20242025, and each January 15th thereafter, the charges set forth in subsection (c), shall be increased annually, by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (4)Flow shall be based upon one hundred percent of the water consumption or rate of flow of wastewater discharge into the sewer (measured in an industrial user installed flow measurement and recording equipment installed in control manhole, pursuant to Chapter 13.36). Strength of wastewater discharged shall be established based upon twenty-four-hour composite samples made by the city at the control manhole and tested by the city's wastewater treatment plant laboratory or state certified testing laboratory. All testing shall be in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS, pounds per day, shall be calculated based upon concentration of composite samples and established flow rates. (5)Appeal. (A)If any user believes that a portion of the user's metered flow, larger than ten percent, is not discharged into the sewer system (when flow measurement is not provided in the control manhole), the user should make written application to the public works director for review of the user's flow of wastewater. If the public works director agrees that charges for the user should be adjusted, they shall so notify the city council, which may approve such change, or direct a recomputation of the user's sewer rates. (B)If the public works director does not agree to the adjustment of user charges, the user may further appeal to the city council, which may direct further study or take other appropriate action. ORDINANCE 2024-XXX 7 Section 5. Arlington Municipal Code Section 13.12.540 shall be and hereby is amended to read as follows: 13.12.540 Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (1)State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (2)Beginning on January 15, 20242025, the rates set forth for the year 2023 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (3)For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 7. Effective Date. This ordinance shall become effective immediately upon passage, provided that the rates shall be effective on the first day of the city’s regular billing cycle beginning January 15, 2024. The City Clerk is directed to publish this ordinance at the earliest possible date. ORDINANCE 2024-XXX 8 PASSED BY the City Council and APPROVED by the Mayor this 16th day of January, 2024. CITY OF ARLINGTON _____________________________ Don E. Vanney, Mayor Attest: _________________________ Wendy Van Der Meersche City Clerk Approved as to form: _________________________ Steven J. Peiffle City Attorney City of Arlington Public Works Memo To: Mayor Vanney, Arlington City Council From: Jim Kelly Date: January 3, 2024 Re: Recommended 2024 Utility Rate Adjustment Arlington Municipal Code 13.12 requires that Arlington water, sewer and storm utility rates for the preceding year be increased by the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area” “Beginning on January 15, 2024, the rates set forth for the year 2024 shall be increased annually by the October reported percentage increase of the consumer price index (CPI) for the Seattle-Tacoma-Bellevue area for all urban consumers, or other measure commonly used by the city should it change; and provided further, however, that notwithstanding any reduction in the CPI, rates shall not decrease.” The October 2023 CPI for the Seattle-Tacoma-Bellevue area for all urban consumers for the previous 12-months is 4.8% (source: US Breau of Labor Statistics). Realizing that the CPI is higher than historical trending and that the Arlington community, along with the US economy in general, has been going through a period of inflation, two utility rate alterative scenarios, 4.8% and 2.5%, are presented for Council’s consideration. The below table provides the two scenarios for residential rates: Utility Service Current Rate Proposed CPI (2.5%) Full CPI (4.8%) (increase of $2.85/mo) (increase of $5.47/mo) Arlington Utilities, water, sewer and storm, have been subjected to the same inflationary impacts as the community and US economy; these impacts are felt in all aspects of utility operations (labor, insurance, chemicals, electric power, parts, supplies, etc.). In addition, the utilities have large capital expenses planned for the coming years; these expenses will be borne by utilizing reserve funds and with grants and loans. After conferring with Arlington’s Utility Financial Consultant and rescheduling several larger projects until loans or grants can be secured, Arlington utilities will be able to operate with an adjusted utility rate increase of 2.5% for 2024. I recommend City Council approve an adjusted utility rate increase of 2.5% for 2024. City of Arlington Council Agenda Bill WS #2 Attachment January 8, 2024 Procurement of a surplus dump truck from Snohomish County Resolution for Purchase and backup documentation Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $71,045.00 BUDGET CATEGORY: Wastewater Equipment Fund BUDGETED AMOUNT: $30,000.00 ($150,000 in 2023-will do amendment) LEGAL REVIEW: DESCRIPTION: Purchase of a used a dump truck from Snohomish County pursuant to intergovernmental surplus equipment sale allowed in RCW 39.33.010. The wastewater department has had its existing dump truck scheduled for replacement for several years but has been postponed due to cost and availability of used trucks to purchase. The existing truck is old (1990) and has reached the end of its useful life. It will be more expensive to fix the unit than to replace it. Snohomish County has a used dump truck in good condition that has been declared surplus and is available for purchase. Staff has inspected the vehicle and is recommending proceeding with the purchase. Purchase of this unit will allow the city to remain in compliance with state regulations regarding hauling biosolids. ALTERNATIVES: Remand to staff for additional information. Workshop; discussion only. At the January 16, 2023 Council meeting, the recommended motion will be, “I move to approve the resolution authorizing the City’s purchase of a dump truck from Snohomish County and authorize the Mayor to sign the resolution.” RESOLUTION NO. 2024-XXX 1 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DECLARING THAT THE PURCHASE OF A USED DUMP TRUCK FOR THE CITY OF ARLINGTON IS A PURCHASE INVOLVING SPECIAL MARKET CONDITIONS AND AUTHORIZING NEGOTIATION WITH THE SUPPLIER OF THE EQUIPMENT WHEREAS, the City of Arlington is obligated to follow competitive bidding statutes except in certain circumstances defined by state law when competitive bidding is not feasible or in the best interests of the city; and WHEREAS, when competitive bidding is not feasible or in the best interests of the City RCW 35.23.352 requires written findings to that effect; and WHEREAS, the City Council of the City of Arlington wishes to make written findings in support of its decision to purchase certain equipment subject to special market conditions; and WHEREAS, a certain used dump truck has been identified as available for sale that fits the specific needs of the City at a very favorable price and may be sold before the City could complete a formal bidding process; and WHEREAS, RCW 39.04.280(1) provides a “special facilities or market condition” exception from competitive bidding requirements for purchases of materials, supplies, or equipment; and WHEREAS, although the term “special facilities or market condition” is not defined in the statute, the Municipal Research and Services Center (MRSC) has opined that used equipment offered at a very favorable price combined with the risk it could be sold before a municipality has a chance to complete the bidding process constitutes a special market condition; and WHEREAS, City staff along with the concurrence of the City Attorney is requesting the City Council to invoke the “special market conditions” exception to competitive bidding to proceed with the purchase of the used dump truck; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1.Findings. The City Council finds as follows: RESOLUTION NO. 2024-XXX 2 a)The Surplus equipment is priced in line with recent auction sales of similar equipment by Snohomish County. Three similar units with higher mileage and two to three years older were sold by Snohomish County in 2023 for $56,750.00, $55,350.00, and $51,250.00 for an average of $54,450.00. b)This equipment, while used, will provide the city with a reliable dump truck to haul biosolids as required by state regulations. c)The equipment has been inspected by utilities staff and found to be viable and in good condition vs comparable equipment in the local market. d)The equipment would provide significant savings to the city. 2.Based on the foregoing findings, the City Council hereby declares that the proposed purchase of the dump truck is a purchase involving special market conditions within the meaning of RCW 39.04.280 and the City’s financial policies. Pursuant to RCW 39.04.280(1)(b) competitive bidding shall be waived and City staff is hereby authorized to negotiate with Snohomish County, for the purchase of the equipment at the estimated total cost of $71,045.00. APPROVED by the Mayor and City Council of the City of Arlington this _____ day of ____________________, 2024. CITY OF ARLINGTON ____________________________________ Don E. Vanney, Mayor ATTEST: _________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: __________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill WS #3 Attachment January 8, 2024 Ordinance to amend the Arlington Municipal Code re Composition of Airport Commission Ordinance, Copy of ESHB 1243, and resolution which was approved by Airport Commission Airport; Marty Wray, Director EXPENDITURES REQUESTED: Professional Services BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: In 2023, the state legislature changed the requirements for people to serve on airport commissions through House Bill 1243. The new law expands the pool of potential commissioners, although it requires four commissioners to be from Arlington or Snohomish County, and up to three members can be from any adjoining county if they have relevant experience in the field of aviation, business, engineering, etc. As part of this new legislation, airport commissions are required to adopt and abide by a Code of Ethics. The Arlington Airport Commission adopted the Code of Ethics and agreed to abide by them at the November 14, 2023, public meeting. The Commission and staff recommend that City Council approve the ordinance incorporating these changes. Historically, it has been required that all seven of the Airport Commissioners live within the city limits. Recent state legislation expands the list of potential commission members but ties their membership to ALTERNATIVES: move to approve the ordinance amending AMC Chapter 2.44 regarding Airport Commission members.” ORDINANCE NO. 2024-XXX 1 ORDINANCE NO. 2024--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE TITLE 2.44 RELATING TO THE CITY’S AIRPORT COMMISSION WHEREAS, the City of Arlington has the authority to own and operate the Arlington Municipal Airport; and WHEREAS, the legislature recently amended the provisions relating to municipal airport commissions through the passage of House Bill 1243, and the City wishes to amend the Arlington Municipal Code (AMC) Title 2.44 to be consistent with that Bill; and WHEREAS, the City Council finds these revisions to be in the best interests of the citizens and the Airport Commission; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code subsection 2.44.010 shall be and hereby is amended to read as follows: 2.44.010 Commission created—Membership and qualification for membership—Method of appointment—Terms of office—Vacancies—Chairperson and vice chairperson. (a) There is established a board to be known as the "Arlington Airport Commission." (b) There shall be seven members of the commission. All No less than four (4) members must be residents taxpayers of Arlington or Snohomish County; up to three members may be residents of King, Skagit or Island Counties. No member shall be the mayor or a member of the city council of Arlington or an immediate family member of the mayor or a city council member, nor shall any member be a current or former employee of the airport. A majority of the commissioners must have expertise in: The aviation industry; business administration or operations; finance; accounting; marketing; economic development; commercial real estate development; engineering; planning and construction; law; utilities; or other related experience from industries that have a logical nexus with airport administration, operations, and development. Members must agree to adhere to the ethical standards of conduct adopted by the City or the existing municipal airport commission. (c) The members shall be appointed by the city council, each to serve for a term of three years and until their successors are appointed and have qualified. Terms of office shall be staggered so that not more than three terms will expire in the same year. The term of office of each commissioner shall expire on April 1st of the last year of the term for which he or she was appointed. Formatted: Strikethrough ORDINANCE NO. 2024-XXX 2 (d) Vacancies which may hereafter occur shall be filled by appointment by the city council, such appointees to serve the unexpired term for which they are appointed. (e) The commissioners shall serve without compensation. The commission shall from time to time elect one of its members as chairperson and another member as vice- chairperson to act in the absence of the chairperson, to serve during his or her term of office for such periods of time as the commission may specify at the time of such election; provided, however, that no commission member shall serve as chairperson for more than three years out of any six-year period. Section 2. Arlington Municipal Code subsection 2.44.010 030 shall be and hereby is amended to read as follows: 2.44.030 Commission powers and duties. The commission established in Section 2.44.010 is granted authority to construct, enlarge, improve, maintain, equip, operate, manage, develop for industrial and commercial purposes, and regulate said airport and airport facilities, but remain in all these things accountable to the city council. So long as decisions of the airport commission are consistent with the approved airport master plan, the Arlington comprehensive plan, all other provisions of the Arlington Municipal Code and applicable federal regulations, the annual airport budget, the airport capital improvement plan, and approved lease policies, the airport commission may exercise the following powers and responsibilities without formal review or ratification by the city council, except when formal review is deemed appropriate by the airport manager: (1) Leasing and development of airport property, including amendments or modifications to leases and the granting or requests for subordination of leasehold interests or other security interests for financing purposes; (2) Capital improvements to airport properties, including, when appropriate, the application for federal or state grants to finance the same; and (3) Amendments to airport leasing and operational policies, rules and requirements; and (4) Application for loans through the public use general aviation airport loan program. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. The ordinance shall take effect and be in full force five (5) days after the date of publication. ORDINANCE NO. 2024-XXX 3 PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2024. CITY OF ARLINGTON _________________________ Don E. Vanney, Mayor Attest: ___________________________________ Wendy Van Der Meersche, City Clerk Approved as to form: ___________________________________ Steven J. Peiffle City Attorney CERTIFICATION OF ENROLLMENT HOUSE BILL 1243 Chapter 247, Laws of 2023 68th Legislature 2023 Regular Session MUNICIPAL AIRPORT COMMISSIONS—POWERS, DUTIES, AND MEMBERSHIP EFFECTIVE DATE: July 23, 2023 Passed by the House April 14, 2023 Yeas 96 Nays 0 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 12, 2023 Yeas 46 Nays 3 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1243 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 4, 2023 10:18 AM FILED May 4, 2023 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to municipal airport commissions; and amending 1 RCW 14.08.120.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3 Sec. 1. RCW 14.08.120 and 2021 c 106 s 1 are each amended to 4 read as follows:5 (1) In addition to the general powers conferred in this chapter, 6 and without limitation thereof, a municipality that has established 7 or may hereafter establish airports, restricted landing areas, or 8 other air navigation facilities, or that has acquired or set apart or 9 may hereafter acquire or set apart real property for that purpose or 10 purposes is authorized:11 (a) To vest authority for the construction, enlargement, 12 improvement, maintenance, equipment, operation, and regulation 13 thereof in an officer, a board, or body of the municipality by 14 ordinance or resolution that prescribes the powers and duties of the 15 officer, board, or body((; and the municipality may also vest 16 authority for industrial and commercial development in a municipal 17 airport commission consisting of at least five resident taxpayers of 18 the municipality to be appointed by the governing board of the 19 municipality by an ordinance or resolution that includes (i) the 20 terms of office, which may not exceed six years and which shall be 21 HOUSE BILL 1243 AS AMENDED BY THE SENATE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Representatives Dent, Riccelli, Christian, and Eslick Read first time 01/11/23. Referred to Committee on Local Government. p. 1 HB 1243.SL staggered so that not more than three terms will expire in the same 1 year, (ii) the method of appointment and filling vacancies, (iii) a 2 provision that there shall be no compensation but may provide for a 3 per diem of not to exceed twenty-five dollars per day plus travel 4 expenses for time spent on commission business, (iv) the powers and 5 duties of the commission, and (v) any other matters necessary to the 6 exercise of the powers relating to industrial and commercial 7 development)).8 (i) The municipality may also vest authority for the 9 construction, enlargement, improvement, maintenance, equipment, 10 operation, management, industrial and commercial development, and 11 regulation thereof in a municipal airport commission through an 12 ordinance or resolution that includes: (A) The terms of office, which 13 may not exceed six years and which must be staggered so that not more 14 than three terms expire in the same year; (B) the method of 15 appointment and filling vacancies; (C) a provision that there is no 16 compensation, but the provision may provide for a per diem for time 17 spent on commission business of not more than $25 per day plus travel 18 expenses or, in lieu of travel expenses when travel requires 19 overnight lodging, for a per diem payment of not more than the United 20 States general services administration's per diem rates; (D) the 21 powers and duties of the commission; and (E) any other matters 22 necessary to the exercise of the commission's powers. The expense of 23 the construction, enlargement, improvement, maintenance, equipment, 24 industrial and commercial development, operation, management, and 25 regulation are the responsibility of the municipality.26 (ii) The commission consists of at least five members appointed 27 by the governing body of the municipality, subject to the following 28 conditions:29 (A) In a municipality with a population of 35,000 or greater, 30 members must be residents of the municipality;31 (B) In a municipality with a population of fewer than 35,000, at 32 least a majority of members must be residents of the municipality or 33 the county in which the municipality is located, with any remaining 34 members residents of a county or counties adjoining the municipality 35 or the county in which the municipality is located;36 (C) A majority of the commissioners must have expertise in: The 37 aviation industry; business administration or operations; finance; 38 accounting; marketing; economic development; commercial real estate 39 development; engineering; planning and construction; law; utilities; 40 p. 2 HB 1243.SL or other related experience from industries that have a logical nexus 1 with airport administration, operations, and development;2 (D) Immediate family members of the governing body of the 3 municipality, and current and former employees of the municipal 4 airport, may not be appointed to the commission; and5 (E) Members must agree to adhere to the ethical standards of 6 conduct adopted by the municipality or the existing municipal airport 7 commission.8 (iii) A municipality may vest authority in a municipal airport 9 commission to apply for loans through the public use general aviation 10 airport loan program.11 (b) To adopt and amend all needed rules, regulations, and 12 ordinances for the management, government, and use of any properties 13 under its control, whether within or outside the territorial limits 14 of the municipality; to provide fire protection for the airport, 15 including the acquisition and operation of fire protection equipment 16 and facilities, and the right to contract with any private body or 17 political subdivision of the state for the furnishing of such fire 18 protection; to appoint airport guards or police, with full police 19 powers; to fix by ordinance or resolution, as may be appropriate, 20 penalties for the violation of the rules, regulations, and 21 ordinances, and enforce those penalties in the same manner in which 22 penalties prescribed by other rules, regulations, and ordinances of 23 the municipality are enforced. For the purposes of such management 24 and government and direction of public use, that part of all 25 highways, roads, streets, avenues, boulevards, and territory that 26 adjoins the limits of any airport or restricted landing area acquired 27 or maintained under the provisions of this chapter is under like 28 control and management of the municipality. It may also adopt and 29 enact rules, regulations, and ordinances designed to safeguard the 30 public upon or beyond the limits of private airports or landing 31 strips within the municipality or its police jurisdiction against the 32 perils and hazards of instrumentalities used in aerial navigation. 33 Rules, regulations, and ordinances shall be published as provided by 34 general law or the charter of the municipality for the publication of 35 similar rules, regulations, and ordinances. They shall conform to and 36 be consistent with the laws of this state and the rules of the state 37 department of transportation and shall be kept in conformity, as 38 nearly as may be, with the then current federal legislation governing 39 p. 3 HB 1243.SL aeronautics and the regulations duly promulgated thereunder and the 1 rules and standards issued from time to time pursuant thereto.2 (c) To create a special airport fund, and provide that all 3 receipts from the operation of the airport be deposited in the fund, 4 which fund shall remain intact from year to year and may be pledged 5 to the payment of aviation bonds, or kept for future maintenance, 6 construction, or operation of airports or airport facilities.7 (d) To lease airports or other air navigation facilities, or real 8 property acquired or set apart for airport purposes, to private 9 parties, any municipal or state government or the national 10 government, or any department thereof, for operation; to lease or 11 assign to private parties, any municipal or state government or the 12 national government, or any department thereof, for operation or use 13 consistent with the purposes of this chapter, space, area, 14 improvements, or equipment of such airports; to authorize its lessees 15 to construct, alter, repair, or improve the leased premises at the 16 cost of the lessee and to reimburse its lessees for such cost, 17 provided the cost is paid solely out of funds fully collected from 18 the airport's tenants; to sell any part of such airports, other air 19 navigation facilities or real property to any municipal or state 20 government, or to the United States or any department or 21 instrumentality thereof, for aeronautical purposes or purposes 22 incidental thereto, and to confer the privileges of concessions of 23 supplying upon its airports goods, commodities, things, services, and 24 facilities: PROVIDED, That in each case in so doing the public is not 25 deprived of its rightful, equal, and uniform use thereof.26 (e) Acting through its governing body, to sell or lease any 27 property, real or personal, acquired for airport purposes and 28 belonging to the municipality, which, in the judgment of its 29 governing body, may not be required for aircraft landings, aircraft 30 takeoffs or related aeronautic purposes, in accordance with the laws 31 of this state, or the provisions of the charter of the municipality, 32 governing the sale or leasing of similar municipally owned property. 33 The municipal airport commission, if one has been organized and 34 appointed under (a) of this subsection, may lease any airport 35 property for aircraft landings, aircraft takeoffs, or related 36 aeronautic purposes. If there is a finding by the governing body of 37 the municipality that any airport property, real or personal, is not 38 required for aircraft landings, aircraft takeoffs, or related 39 aeronautic purposes, then the municipal airport commission may lease 40 p. 4 HB 1243.SL such space, land, area, or improvements, or construct improvements, 1 or take leases back for financing purposes, grant concessions on such 2 space, land, area, or improvements, all for industrial or commercial 3 purposes, by private negotiation and under such terms and conditions 4 that seem just and proper to the municipal airport commission. Any 5 such lease of real property for aircraft manufacturing or aircraft 6 industrial purposes or to any manufacturer of aircraft or aircraft 7 parts or for any other business, manufacturing, or industrial purpose 8 or operation relating to, identified with, or in any way dependent 9 upon the use, operation, or maintenance of the airport, or for any 10 commercial or industrial purpose may be made for any period not to 11 exceed ((seventy-five)) 75 years, but any such lease of real property 12 made for a longer period than ((ten)) 10 years shall contain 13 provisions requiring the municipality and the lessee to permit the 14 rentals for each five-year period thereafter, to be readjusted at the 15 commencement of each such period if written request for readjustment 16 is given by either party to the other at least ((thirty)) 30 days 17 before the commencement of the five-year period for which the 18 readjustment is requested. If the parties cannot agree upon the 19 rentals for the five-year period, they shall submit to have the 20 disputed rentals for the period adjusted by arbitration. The lessee 21 shall pick one arbitrator, and the governing body of the municipality 22 shall pick one, and the two so chosen shall select a third. After a 23 review of all pertinent facts the board of arbitrators may increase 24 or decrease such rentals or continue the previous rate thereof.25 The proceeds of the sale of any property the purchase price of 26 which was obtained by the sale of bonds shall be deposited in the 27 bond sinking fund. If all the proceeds of the sale are not needed to 28 pay the principal of bonds remaining unpaid, the remainder shall be 29 paid into the airport fund of the municipality. The proceeds of sales 30 of property the purchase price of which was paid from appropriations 31 of tax funds shall be paid into the airport fund of the municipality.32 (f) To determine the charges or rental for the use of any 33 properties under its control and the charges for any services or 34 accommodations, and the terms and conditions under which such 35 properties may be used: PROVIDED, That in all cases the public is not 36 deprived of its rightful, equal, and uniform use of the property. 37 Charges shall be reasonable and uniform for the same class of service 38 and established with due regard to the property and improvements used 39 and the expense of operation to the municipality. The municipality 40 p. 5 HB 1243.SL shall have and may enforce liens, as provided by law for liens and 1 enforcement thereof, for repairs to or improvement or storage or care 2 of any personal property, to enforce the payment of any such charges. 3 As used in this subsection (1)(f), the term "charges" does not refer 4 to any minimum labor standard imposed by a municipality pursuant to 5 subsection (2) of this section.6 (g) To impose a customer facility charge upon customers of rental 7 car companies accessing the airport for the purposes of financing, 8 designing, constructing, operating, and maintaining consolidated 9 rental car facilities and common use transportation equipment and 10 facilities which are used to transport the customer between the 11 consolidated car rental facilities and other airport facilities. The 12 airport operator may require the rental car companies to collect the 13 facility charges, and any facility charges so collected shall be 14 deposited in a trust account for the benefit of the airport operator 15 and remitted at the direction of the airport operator, but no more 16 often than once per month. The charge shall be calculated on a per-17 day basis. Facility charges may not exceed the reasonable costs of 18 financing, designing, constructing, operating, and maintaining the 19 consolidated car rental facilities and common use transportation 20 equipment and facilities and may not be used for any other purpose. 21 For the purposes of this subsection (1)(g), if an airport operator 22 makes use of its own funds to finance the consolidated rental car 23 facilities and common use transportation equipment and facilities, 24 the airport operator (i) is entitled to earn a rate of return on such 25 funds no greater than the interest rate that the airport operator 26 would pay to finance such facilities in the appropriate capital 27 market, provided that the airport operator establish the rate of 28 return in consultation with the rental car companies, and (ii) may 29 use the funds earned under (g)(i) of this subsection for purposes 30 other than those associated with the consolidated rental car 31 facilities and common use transportation equipment and facilities.32 (h) To make airport property available for less than fair market 33 rental value under very limited conditions provided that prior to the 34 lease or contract authorizing such use the airport operator's board, 35 commission, or council has (i) adopted a policy that establishes that 36 such lease or other contract enhances the public acceptance of the 37 airport and serves the airport's business interest and (ii) adopted 38 procedures for approval of such lease or other contract.39 p. 6 HB 1243.SL (i) If the airport operator has adopted the policy and procedures 1 under (h) of this subsection, to lease or license the use of property 2 belonging to the municipality and acquired for airport purposes at 3 less than fair market rental value as long as the municipality's 4 council, board, or commission finds that the following conditions are 5 met:6 (i) The lease or license of the subject property enhances public 7 acceptance of the airport in a community in the immediate area of the 8 airport;9 (ii) The subject property is put to a desired public recreational 10 or other community use by the community in the immediate area of the 11 airport;12 (iii) The desired community use and the community goodwill that 13 would be generated by such community use serves the business interest 14 of the airport in ways that can be articulated and demonstrated;15 (iv) The desired community use does not adversely affect the 16 capacity, security, safety, or operations of the airport;17 (v) At the time the community use is contemplated, the subject 18 property is not reasonably expected to be used by an aeronautical 19 tenant or otherwise be needed for airport operations in the 20 foreseeable future;21 (vi) At the time the community use is contemplated, the subject 22 property would not reasonably be expected to produce more than de 23 minimis revenue;24 (vii) If the subject property can be reasonably expected to 25 produce more than de minimis revenue, the community use is permitted 26 only where the revenue to be earned from the community use would 27 approximate the revenue that could be generated by an alternate use;28 (viii) Leases for community use must not preclude reuse of the 29 subject property for airport purposes if, in the opinion of the 30 airport owner, reuse of the subject property would provide greater 31 benefits to the airport than continuation of the community use;32 (ix) The airport owner ensures that airport revenue does not 33 support the capital or operating costs associated with the community 34 use;35 (x) The lease or other contract for community use is not to a 36 for-profit organization or for the benefit of private individuals;37 (xi) The lease or other contract for community use is subject to 38 the requirement that if the term of the lease is for a period that 39 exceeds ((ten)) 10 years, the lease must contain a provision allowing 40 p. 7 HB 1243.SL for a readjustment of the rent every five years after the initial 1 ((ten-year)) 10-year term;2 (xii) The lease or other contract for community use is subject to 3 the requirement that the term of the lease must not exceed ((fifty)) 4 50 years; and5 (xiii) The lease or other contract for community use is subject 6 to the requirement that if the term of the lease exceeds one year, 7 the lease or other contract obligations must be secured by rental 8 insurance, bond, or other security satisfactory to the municipality's 9 board, council, or commission in an amount equal to at least one 10 year's rent, or as consistent with chapter 53.08 RCW. However, the 11 municipality's board, council, or commission may waive the rent 12 security requirement or lower the amount of the rent security 13 requirement for good cause.14 (j) To exercise all powers necessarily incidental to the exercise 15 of the general and special powers granted in this section.16 (2)(a) A municipality that controls or operates an airport having 17 had more than ((twenty million)) 20,000,000 annual commercial air 18 service passenger enplanements on average over the most recent seven 19 full calendar years that is located within the boundaries of a city 20 that has passed a local law or ordinance setting a minimum labor 21 standard that applies to certain employers operating or providing 22 goods and services at the airport is authorized to enact a minimum 23 labor standard that applies to employees working at the airport, so 24 long as the minimum labor standard meets, but does not exceed, the 25 minimum labor standard in the city's law or ordinance.26 (b) A municipality's authority to establish a minimum labor 27 standard pursuant to (a) of this subsection may be imposed only on 28 employers that are excluded from the minimum labor standard 29 established by such city because the type of good or service provided 30 by the employer is expressly excluded in the text of the city's law 31 or ordinance.32 (c) This section does not authorize a municipality to establish a 33 minimum labor standard for an employer who was excluded from the 34 city's law or ordinance because it is a certificated air carrier 35 performing services for itself or based on the employer's size or 36 number of employees.37 (d) The authority granted under (a) of this subsection shall only 38 apply to employers who provide the goods or services at the airport 39 from facilities that are located on property owned by the 40 p. 8 HB 1243.SL municipality and within the boundaries of the city that enacted the 1 minimum labor standard.2 Passed by the House April 14, 2023. Passed by the Senate April 12, 2023. Approved by the Governor May 4, 2023. Filed in Office of Secretary of State May 4, 2023. --- END --- p. 9 HB 1243.SL RESOLUTION NO. 2023-018 A RESOLUTION OF THE ARLINGTON AIRPORT COMMISSION ADOPTING A CODE OF ETHICS WHEREAS, the Arlington Municipal Airport has established a municipal airport commission; and WHEREAS, the legislature recently amended the provisions relating to municipal airport commissions through the passage of House Bill 1243, and the City wishes to amend the Arlington Municipal Code (AMC) Title 2.44 to be consistent with that Bill; and WHEREAS, in order to amend the municipal code to expand the potential members of the commission, there must be an adopted code of ethics; and WHEREAS, the Commission wishes to adopt a code of ethics; NOW, THEREFORE, the Arlington, Washington Airport Commission do hereby resolve as follows: 1. The Commission adopts the Code of Ethics attached hereto as Exhibit "A". ¼ APPROVED by the Arlington Airport Commission of the City of Arlington this Jj__ day of November , 2023. APPROVED AS TO FORM: RESOLUTION NO. 2023-018 CITY OF ARLINGTON AIRPORT COMMISSION