Everett City Council

W ednesday, April 04, 2012 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., April 4, 2012 in the City Council Chambers of the Ev erett City Hall, President Gipson presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Moore, Gipson, Nielsen, and Af f holter were present. Council Member Hatloe and Stonecipher were excused. Boy Scout Troop 114 led the Pledge of Allegiance. The minutes of the March 28, 2012 Ev erett City Council meeting were approv ed as printed. Council Member Af f holter abstained f rom the v ote. MAY OR May or Stephanson reported on the open house held April 3, 2012 f or the Central Waterf ront Planning District. He commended Allan Gif f en and staf f f or a job well done. COUNCIL Council Member Roberts reported on his attendance at the Community Skills Fair, the State of the Base address, and the Central Waterf ront Planning open house. Council President Gipson stated that agenda item no. 9, to authorize a call f or bids f or the construction of Sewer Lif t Station No. 24 Replacement project, will be mov ed f rom the consent items to the brief ing agenda f ollowing agenda item no. 1. CITY ATTORNEY City Attorney Iles had no comments. CITIZEN COMMENTS Dav e Ramstead, Ev erett, stated that he attended the Central Waterf ront Planning public meeting last night and commended the May or, council members and staf f f or their open methodical approach to this golden opportunity. COUNCIL BRIEFING AGENDA Authorize the adv ertisement of a Request f or Proposals f or the selection of a General Contractor/Construction Manager (GC/CM) f or the design rev iew and construction of the Water Pollution Control Facility Phase C Expansion Presented by Dav e Dav is, Public Works Authorize a call f or bids f or the construction of Sewer Lif t Station No. 24 Replacement project Presented by Dav e Dav is, Public Works COUNCIL BILL NO. 1203-17 FIRST READING: AN ORDINANCE adopting the Ev ergreen Way Rev italization Plan as a Subarea Plan of the Ev erett Growth Management Comprehensiv e Plan, amending Ordinance No. 2021-94, as amended Presented by Allan Gif f en, Planning COUNCIL BILL NO. 1203-18 FIRST READING: AN ORDINANCE establishing two new zoning classif ications, the Ev ergreen Way Zone and the Mixed Use Ov erlay Zone, and amending the Ev erett Zoning Code, Ordinance No. 1671-89, as amended (EMC Title 19) Presented by Allan Gif f en, Planning COUNCIL BILL NO. 1203-19 FIRST READING: AN ORDINANCE amending the Of f icial Zoning Map by rezoning properties in the Ev ergreen Way corridor f rom B-2 and C-1 to the Ev ergreen Way (E-1) Zone and the Mixed Use Ov erlay (MUO) Zone, amending Ordinance No. 1671-89, as amended (EMC Title 19) Presented by Allan Gif f en, Planning COUNCIL BILL NO. 1203-20 FIRST READING: AN ORDINANCE expanding the Multiple Family Property Tax Exemption to the E-1 MUO (Mixed Use Ov erlay ) Zone amending Ordinance No. 2347-98, as amended (EMC Chapter 3.78) Presented by Allan Gif f en, Planning COUNCIL BILL NO. 1203-21 FIRST READING: AN ORDINANCE increasing the SEPA Categorical Exemption Threshold f or Residential and Commercial Dev elopment in the E-1 MUO (Mixed Use Ov erlay ) Zone, as prov ided by RCW 43.21C.229, amending Ordinance No. 1348-87, as amended (EMC Chapter 20.04) Presented by Allan Gif f en, Planning PROPOSED ACTION AGENDA COUNCIL BILL NO. 1203-16 SECOND 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) CONSENT ITEM Mov ed by Council Member Moore, seconded by Council Member Af f holter, to approv e the f ollowing consent item: RESOLUTION – CLAIMS To adopt Resolution No. 6482 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $1,143,338.69 f or the period of March 17, 2012 through March 23, 2012. Roll was called with all council members v oting y es except Council Members Hatloe and Stonecipher who were excused. Motion carried. ROAD USE PERMIT Mov ed by Council Member Nielsen, seconded by Council Member Roberts, to authorize the May or to sign Road Use Permit (No. 55-088489) with the Washington Department of Natural Resources. Roll was called with all council members v oting y es except Council Members Hatloe and Stonecipher who were excused. Motion carried. AGREEMENT – SETTLEMENT/JOHN AND CHERY L STONE Mov ed by Council Member Moore, seconded by Council Member Roberts, to authorize the May or to sign a Settlement Agreement, in a f orm substantially similar to the attached and approv ed by the City Attorney ’s of f ice, to settle all claims asserted by John and Chery l Stone f or the amount of $105,000.00. Roll was called with all council members v oting y es except Council Members Hatloe and Stonecipher who were excused. Motion carried. AGREEMENT – REPAIRS/UPGRADES – CULMBACK BUILDING Mov ed by Council Member Moore, seconded by Council Member Nielsen, to authorize the May or to sign a prof essional serv ices agreement with Botesch, Nash & Hall, Architects, P.S. to prov ide design serv ices f or repairs/upgrades to the Culmback Building in the amount of $70,389.00. Roll was called with all council members v oting y es except Council Members Hatloe and Stonecipher who were excused. Motion carried. MOU – VIOLENT OFFENDER TASK FORCE Mov ed by Council Member Nielsen, seconded by Council Member Af f holter, to authorize the May or to sign a memorandum of understanding with the United States Marshals Serv ice regarding participation in the Violent Of f ender Task Force. Roll was called with all council members v oting y es except Council Members Hatloe and Stonecipher who were excused. Motion carried. COUNCIL BILL NO. 1203-14 THIRD AND FINAL 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 Mov ed by Council Member Roberts, seconded by Council Member Af f holter, that this is declared to be the third and f inal reading of Council Bill No. 1203-14 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Gipson, Nielsen, Af f holter NAY S: None EXCUSED: Hatloe, Stonecipher Ordinance No. 3264-12 adopted. BID AWARD - SY NTHETIC TURF REPLACEMENT/KASCH PARK Mov ed by Council Member Moore, seconded by Council Member Roberts, to 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. Roll was called with all council members v oting y es except Council Members Hatloe and Stonecipher. Motion carried. COUNCIL BILL NO. 1203-15 THIRD AND FINAL 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 Mov ed by Council Member Roberts, seconded by Council Member Nielsen, that this is declared to be the third and f inal reading of Council Bill No. 1203-15 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Gipson, Nielsen, Af f holter NAY S: None EXCUSED: Hatloe, Stonecipher Ordinance No. 3265-12 adopted. AGREEMENT – RESTORATION PLAN/URBAN FORESTED AREAS Mov ed by Council Member Af f holter, seconded by Council Member Moore, to 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. Roll was called with all council members v oting y es except Council Members Hatloe and Stonecipher. Motion carried. RESOLUTION – FACILITY DEVELOPMENT/HENRY M JACKSON PARK Mov ed by Council Member Nielsen, seconded by Council Member Roberts, to adopt Resolution No. 6483 authorizing the submittal of a grant f unding application to the Washington State Recreation and Conserv ation Of f ice to aid in f inancing the cost of f acility dev elopment f or Senator Henry M. Jackson Park. Roll was called with all council members v oting y es except Council Members Hatloe and Stonecipher. Motion carried. AGREEMENT – MARKETING/ECONOMIC DEVELOPMENT SERVICES Mov ed by Council Member Moore, seconded by Council Member Roberts, to ratif y council’s prior action of January 25, 2012, wherein council authorized the May or to sign a prof essional serv ices agreement with the Economic Alliance Snohomish County to prov ide marketing and economic dev elopment technical serv ices in the amount of $75,000.00. Council Member Af f holter disclosed that he was hired by the Economic Alliance of Snohomish County earlier this y ear as Vice President of Business and Economic Dev elopment. He remarked that under his contract he has a one-y ear term of employ ment and is paid a f ixed salary without any bonus or v ariable pay. Neither his position nor his salary is inf luenced by any contract with the city, and he is not an of f icer of the Economic Alliance. He has submitted his employ ment contract which prov ides additional detail. He requested that this disclosure be recorded in the minutes bef ore any action is taken. He then lef t the council chambers to allow the council members to discuss the agenda item. City Attorney Iles stated that af ter f urther rev iew of this matter, he recommends that council amend the motion bef ore them. The contract was prev iously rescinded and the money returned to the city. Rather than mov ing to ratif y the contract with the Economic Alliance which would run f rom January 1, 2012 through December 31, 2012, council should enter into a new contract with essentially the same terms prev iously approv ed with the contract commencing now and running f or the next twelv e months. He remarked that it is his understanding that this is acceptable to the Alliance. Mov ed by Council Member Nielsen, seconded by Council Member Roberts to amend the motion to authorize the May or to execute a contract with the Economic Alliance of Snohomish County with a one-y ear term commencing April 1, 2012 and terminating March 31, 2013. Roll was called with all council members v oting y es except Council Member Hatloe, Stonecipher, and Af f holter who were excused. Motion carried. Council Member Nielsen acknowledged the League of Women Voters f or their attention to council matters. Roll was called on the motion as amended with all council members v oting y es except Council Members Hatloe, Stonecipher, and Af f holter who were excused. Motion carried. The city council meeting adjourned at 7:27 p.m. ___________________________ Deputy City Clerk Read and approv ed as printed. ____________________________ Council President