Everett City Council

W ednesday, March 28, 2012 The regular meeting of the Ev erett City Council was called to order at 12:30 p.m., March 28, 2012 in the City Council Chambers of the Ev erett City Hall, Council President Gipson presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Moore, Hatloe, Gipson, Nielsen, and Stonecipher were present. Council Member Af f holter was excused. Council Member Roberts led the Pledge of Allegiance. The minutes of the March 21, 2012 City Council meeting were approv ed as printed. MAY OR May or Stephanson had no comments. COUNCIL The council members had no comments. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning a litigation matter and a potential litigation matter pursuant to RCW 42.30.110(1)(i). The session is anticipated to last 20 minutes with no announcement to f ollow. CITIZEN COMMENTS Stev e Mansour, Ev erett, expressed concern regarding the loud noises emitted by motorcy cles and other v ehicles in downtown Ev erett. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1203-16 FIRST READING: AN ORDINANCE relating to Public Works projects and amending Ordinance No. 2761-04 (EMC 3.80.050) and Ordinance No. 2726-03 (EMC 3.84.030) Presented by Tim Benedict, Legal Authorize the May or to sign the Memorandum of Understanding with the United States Marshals Serv ice regarding participation in the Violent Of f ender Task Force Presented by Chief Atwood, Police Adopt Resolution waiv ing public bidding requirements and approv e sole source purchase of Neptune water meters f rom HD Supply in the amount of $3,000,000.00 including Washington State sales tax Presented by Clark Langstraat, Purchasing Council President Gipson stated that he will be postponing action on this item f or two weeks to giv e the council members time to comment on the timing of the metering. Authorize the May or to sign a prof essional serv ices agreement with Forterra to dev elop and implement a restoration plan f or sev eral publicly owned urban f orested areas within the city of Ev erett in the amount of $70,000.00. Presented by Paul Kaf tanski, Parks Award the construction contract f or the sy nthetic turf replacement project on soccer f ield No. 1 at Kasch Park to Premier Field Dev elopment as the lowest responsiv e and responsible bidder in the amount of $796,787.00 plus Washington State sales tax Presented by Paul Kaf tanski, Parks PROPOSED ACTION AGENDA COUNCIL BILL NO. 1203-14 SECOND READING: AN ORDINANCE creating a special improv ement project entitled “Kasch Park Soccer Field Number One Replacement,” Fund 354, Program 040, to accumulate all costs f or the improv ement project. COUNCIL BILL NO. 1203-15 SECOND READING: AN ORDINANCE creating a special improv ement project entitled “Habitat Restoration Project,” Fund 354, Program 041, to accumulate all costs f or the improv ement project CONSENT ITEMS: Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to approv e the f ollowing consent items: RESOLUTION - CLAIMS To adopt Resolution No. 6478 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $2,042,336.24 f or the period of March 10, 2012 through March 16, 2012. RESOLUTION – PAY ROLL To adopt Resolution No. 6479 acknowledging the pay ment of audited and approv ed pay roll claims against the city of Ev erett in the amount of $3,393,605.42 f or the period ending March 10, 2012. RESOLUTION – ELECTRONIC TRANSFERS To adopt Resolution No. 6480 acknowledging the pay ment of audited and approv ed electronic transf er claims against the city of Ev erett in the amount of $5,237,918.57 f or the period of February 1 through February 29, 2012. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. PUBLIC HEARING – ORDINANCE NO. 3260-12 Council President Gipson opened a public hearing regarding Ordinance No. 3260-12 which established a moratorium f or the Central Waterf ront Planning Area planning process. Allan Gif f en, Planning, stated that the Growth Management Act requires that when a city enacts a moratorium, a public hearing be held within 60 day s of enactment. Ordinance No. 3260-12 was adopted on February 15, 2012. The ordinance also directs staf f to prepare a work plan which he will present upon closure of the public hearing. Council President Gipson inv ited public comment. Thomas Derpack, Edmonds and John Abate, Ly nnwood, spoke regarding a proposal to repurpose the Kimberly Clark site f or a bio-f uels f acility. Mov ed by Council Member Roberts, seconded by Council Member Hatloe to close the public hearing. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. Mov ed by Council Member Moore, seconded by Council Member Roberts to approv e the moratorium. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. Allan Gif f en, Planning, gav e a presentation regarding the Central Waterf ront Planning Area planning process. RESOLUTION – URBAN CENTERS Mov ed by Council Member Stonecipher, seconded by Council Member Roberts, to adopt Resolution No. 6481 of Intent to Establish “Urban Centers” under RCW Chapter 84.14, and setting April 18, 2012 as the date f or the City Council Public Hearing. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. COUNCIL BILL NO. 1202-09 THIRD AND FINAL READING: AN ORDINANCE relating to Court-Monitored Def errals, adding a new Chapter to the Ev erett Criminal Code (Title 10 of the Ev erett Municipal Code) Mov ed by Council Member Nielsen, seconded by Council Member Stonecipher that this is declared to be the third and f inal reading of Council Bill No. 1202-09. Dr. Dale Todd, Phoenix Counseling Consultants, Inc., Ev erett, spoke in opposition to the proposed ordinance, specif ically Section 2, Petition – Requirements, which allows f or a non state-licensed prov ider f or the treatment of some mental or behav ioral problems. Hil Kaman, Prosecutors of f ice, stated that Section 2A of the proposed ordinance allows the judge, using the adv ice of the prosecutor and the def ense counsel, to exercise his or her discretion in determining the appropriate treatment f or a particular case. Council Member Stonecipher expressed concern regarding the use of non state-licensed prov iders and questioned who those prov iders might be. Mov ed by Council Member Stonecipher, seconded by Council Member Roberts to table this agenda item until additional inf ormation can be prov ided. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. AGREEMENT VEHICLE WARRANTY RECOVERY PROGRAM Mov ed by Council Member Nielsen, seconded by Council Member Moore, to authorize the May or to sign the prof essional serv ices agreement with MER Company f or the city ’s Vehicle Warranty Recov ery Program not to exceed $5,049.00 per month. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. RFP – PURCHASE/REDEVELOPMENT OF EVERETT STATION LOT A Mov ed by Council Member Moore, seconded by Council Member Nielsen, to authorize RFP 2012-023 f or the Purchase and Redev elopment of Ev erett Station Lot A. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. COUNCIL BILL NO. 1203-13 THIRD AND FINAL READING: AN ORDINANCE closing a special improv ement project entitled “36th Street Railroad Crossing Closure,” Fund 303, Program 071, as established by Ordinance No. 2828-05 Mov ed by Council Member Roberts, seconded by Council Member Hatloe, that this is declared to be the third and f inal reading of Council Bill No. 1203-13 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Hatloe, Gipson, Nielsen, Stonecipher NAY S: None EXCUSED: Af f holter Ordinance No. 3263-12 adopted. BID CALL – SR99/EVERGREEN WAY BRT SIGNAL PRIORITY IMPROVEMENTS Mov ed by Council Member Nielsen, seconded by Council Member Roberts, to reject all bids f or the SR99/Ev ergreen Way BRT Signal Priority Improv ements (Rucker and Pacif ic) and authorize a new call f or bids. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. BID AWARD – WATER MAIN IMPROVEMENT K AND SANITARY SEWER REPLACEMENT Mov ed by Council Member Hatloe, seconded by Council Member Roberts, that the contract f or the Water Main Improv ement K and Sanitary Sewer Replacement project be awarded to the lowest responsiv e bidder, SRV Construction, Inc., in the amount of $2,568,292.27 including sales tax as receiv ed at the bid opening held at 2 p.m., March 6, 2012. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. AGREEMENT – POWDER MILL GULCH TRIBUTARY STREAM STABILIZATION DESIGN Mov ed by Council Member Nielsen, seconded by Council Member Moore, to authorize the May or to sign the prof essional serv ices agreement with GeoEngineers, Inc. f or the Powder Mill Gulch Tributary Stream Stabilization Design in the amount of $165,001.00. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. BID AWARD – EVERETT PERFORMING ARTS CENTER PLAZA Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to reject the apparent low bidder, Allied Construction, and award the contract f or the Ev erett Perf orming Arts Center Plaza project to the lowest responsiv e and responsible bidder, C.A. Carey Corporation, in the amount of $1,393,000.00 plus Washington State sales tax as receiv ed at the bid opening held at 2 p.m., January 31, 2012. Council Member Hatloe spoke in opposition to the plaza project. He cited a v ariety of reasons; the cost of the project, the timing, maintenance costs f or the proposed f ountain, etc. Council Member Stonecipher spoke in support of the project. She stated that it will create economic dev elopment and bring lif e to the downtown area. Roll was called with all council members v oting y es except Council Members Hatloe and Gipson who v oted no and Council Member Af f holter who was excused. Motion carried. AGREEMENT – UNDERGROUNDING TELECOMMUNICATIONS LINES Mov ed by Council Member Nielsen, seconded by Council Member Roberts, to authorize the May or to sign the Indemnity Agreement with Allen and Sharon Hemmat f or 2725 Colby Av enue related to undergrounding telecommunications lines associated with the Ev erett Perf orming Arts Center Plaza project. Roll was called with all council members v oting y es except Council Member Hatloe who v oted no and Council Member Af f holter who was excused. Motion carried. AGREEMENT – EVERETT PERFORMING ARTS CENTER PLAZA Mov ed by Council Member Nielsen, seconded by Council Member Roberts to authorize the May or to sign a prof essional serv ices agreement substantiv ely in the f orm prov ided, with Linda Beaumont f or the design, f abrication and installation of f ountain and art elements as part of the Ev erett Perf orming Arts Center Plaza project. Roll was called with all council members v oting y es except Council Members Hatloe and Gipson who v oted no and Council Member Af f holter who was excused. Motion carried. AGREEMENTS – MOBILE CONCESSION SERVICES Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to authorize the May or to sign prof essional serv ices agreements with AMH Ice Cream and Fun Times Ice Cream f or Parks Mobile Concession Serv ices. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. AGREEMENT – SERVICE CENTER BUILDING NO. 1 Mov ed by Council Member Moore, seconded by Council Member Roberts, to authorize the May or to sign a prof essional serv ices agreement with 2812 Architecture f or design serv ices f or Serv ice Center Building No. 1 in an amount not to exceed $9,780.00. Roll was called with all council members v oting y es except Council Member Af f holter who was excused. Motion carried. EXECUTIVE SESSION The City Council meeting recessed f or an executiv e session and adjourned f rom there at 2:07 p.m. ______________________________ Deputy City Clerk Read and approv ed as printed. ______________________________ Council President