Everett City Council

W ednesday, April 11, 2012 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., April 11, 2012 in the City Council Chambers of the Ev erett City Hall, Council President Gipson presiding. Upon roll call it was f ound that Council Members Roberts, Moore, Hatloe, Gipson, Nielsen, Stonecipher, and Af f holter were present. May or Stephanson was excused. Police Of f icer Luke Dacy led the Pledge of Allegiance. The minutes of the April 4, 2012 City Council meeting were approv ed as printed. Council Members Hatloe and Stonecipher abstained f rom the v ote. MAY OR OATH Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to concur with the appointment of Luke Dacy as police of f icer. Roll was called with all council members v oting y es. Motion carried. The Deputy City Clerk administered his oath of of f ice and Council President Gipson presented him with his badge. COUNCIL Council Member Moore stated that he had the opportunity, on behalf of the May or and Council, to read a proclamation at the Northwest Neighborhood Park at 13th and Colby honoring the 2012 Arbor Day. CITY ATTORNEY City Attorney Iles had no comments. CITIZEN COMMENTS James Deal, Ly nnwood, spoke regarding the dangers of adding f luoride to the city ’s water. He submitted a press release which he deliv ered to the newspaper on April 8, 2012. Council President Gipson shared a brief history of f luoridation in the city of Ev erett and explained the procedure f or council initiativ e legislation. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1204-22 FIRST READING: AN ORDINANCE approv ing the appropriations of the 2012 rev ised City of Ev erett budget and amending Ordinance No. 3248-11. Presented by Debra Bry ant, Finance PROPOSED ACTION AGENDA COUNCIL BILL NO. 1203-17 SECOND 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. COUNCIL BILL NO. 1203-18 SECOND 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). COUNCIL BILL NO. 1203-19 SECOND 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). COUNCIL BILL NO. 1203-20 SECOND 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). COUNCIL BILL NO. 1203-21 SECOND 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). CONSENT ITEMS: Mov ed by Council Member Roberts, seconded by Council Member Nielsen, to approv e the f ollowing consent items: RESOLUTION - CLAIMS To adopt Resolution No. 6484 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $1,162,768.10 f or the period of March 24, 2012 through March 30, 2012. RESOLUTION – PAY ROLL To adopt Resolution No. 6485 acknowledging the pay ment of audited and approv ed pay roll claims against the city of Ev erett in the amount of $3,402,637.98 f or the period ending March 24, 2012. BID CALL – SEWER LIFT STATION NO. 24 REPLACEMENT To authorize a call f or bids f or the construction of the Sewer Lif t Station No. 24 Replacement Project. STREET CLOSURE – EARTH DAY EVENT To authorize the closure of Grand Av enue, Calif ornia south to mid-block, on April 21, 2012, 11 a.m. to 4 p.m., f or an Earth Day ev ent. RFP – WATER POLLUTION CONTROL FACILITY PHASE C EXPANSION To 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 Roll was called with all council members v oting y es. 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 Af f holter, seconded by Council Member Moore, that this is declared to be the third and f inal reading of Council Bill No. 1202-09. Laura Van Sly ck, Prosecutor, gav e an ov erv iew of the court-monitored def erral program and discussed v arious circumstances that would justif y non-state certif ied treatment. Ty Schroy er, Ev erett, expressed concern regarding non-state certif ied programs being used in the court-monitored def erral program. The City Clerk was directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Hatloe, Gipson, Nielsen, Stonecipher, Af f holter NAY S: None Ordinance No. 3266-12 adopted. RESOLUTION – SOLE SOURCE PURCHASE Mov ed by Council Member Roberts, seconded by Council Member Hatloe to adopt Resolution No. 6486 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 including Washington state sales tax. Roll was called with all council members v oting y es except Council Member Gipson who v oted no. Motion carried. COUNCIL BILL NO. 1203-16 THIRD AND FINAL 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) Mov ed by Council Member Moore, seconded by Council Member Stonecipher, that this is declared to be the third and f inal reading of Council Bill No. 1203-16. Mov ed by Council Member Roberts, seconded by Council Member Nielsen, to amend the motion to replace the phrase “plus ten percent of the original contract v alue that exceeds f iv e million dollars” in Section 1 of the proposed ordinance with “plus f iv e percent of the original contract v alue that exceeds f iv e million dollars”, and to include the rev ised language prov ided by the Legal Department. Roll was called on the amendment with all council members v oting y es. Motion carried. The City Clerk was directed to call the roll f or the f inal disposition of the ordinance as amended. AY ES: Roberts, Moore, Hatloe, Gipson, Nielsen, Stonecipher, Af f holter NAY S: None Ordinance No. 3267-12 adopted. LOAN APPLICATION – 2014 PUBLIC WORKS TRUST FUND Mov ed by Council Member Roberts, seconded by Council Member Moore, to authorize the May or or his designee to sign the f iscal y ear 2014 Public Works Trust Fund Loan application f or the Ev erett Water Pollution Control Facility Expansion, Phase C. Roll was called with all council members v oting y es. Motion carried. AMENDMENT – LEASE/USFSPSICC Mov ed by Council Member Nielsen, seconded by Council Member Roberts, to authorize the May or to execute Amendment No. 2 to the lease agreement with the United States Forest Serv ice Puget Sound Interagency Communication Center (PSICC). Roll was called with all council members v oting y es. Motion carried. AMENDMENT – LEASE/EVERETT SCHOOL DISTRICT NO. 2 Mov ed by Council Member Roberts, seconded by Council Member Nielsen, to authorize the May or to execute the second amendment to the lease agreement with Ev erett School District No. 2 f or space at 2911 Calif ornia Av enue f or Ev erett Transit f acilities. Council Member Moore disclosed that he is an employ ee of the Ev erett Public School District and abstained f rom the v ote. Roll was called with all council members v oting y es except Council Member Moore who abstained f rom the v ote. Motion carried. RFP AWARD – FIRE PUMPER TRUCKS Mov ed by Council Member Hatloe, seconded by Council Member Roberts, to award Request f or Proposal No. 2011-028 to General Fire Apparatus in the amount $1,070,025.01 including Washington state sales tax. Roll was called with all council members v oting y es. Motion carried. Stev e Oss, President, ATU Local 883, spoke regarding the proposed serv ice cuts to Ev erett Transit’s bus serv ice and the reluctance to address the solution to the problem. The City Council meeting adjourned at 7:33 p.m. ______________________________ Deputy City Clerk Read and approv ed as printed. ______________________________ Council President