Everett City Council

Tuesday, July 03, 2012 A special meeting of the Ev erett City Council was called to order at 12:30 p.m., July 3, 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 Moore, Hatloe, Gipson, Burke, and Af f holter were present. May or Stephanson and Council Members Roberts and Stonecipher were excused. Police Chief Atwood led the Pledge of Allegiance. The minutes of the June 27, 2012 Ev erett City Council meeting were approv ed as printed. COUNCIL Council Members Burke and Gipson wished ev ery one a saf e and sane 4th of July. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning a litigation matter pursuant to RCW 42.30.110(1)(i). The session is anticipated to last 10 minutes with no announcement to f ollow. Council President Gipson announced that citizen comments hav e been mov ed to the end of the agenda. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1207-24 FIRST READING: AN ORDINANCE of the City of Ev erett, Washington, prov iding f or the condemnation, appropriation, taking and/or damaging of certain land, property and/or property rights f or the repair and construction of roadway improv ements along Lowell-Larimer Road; and directing the City Attorney to prosecute the appropriate action and proceedings in the manner prov ided by law f or said condemnation. Presented by Mike Palacios, Real Property Hugh Henrickson, property owner, stated that, in an ef f ort to get the Lowell-Larimer Road slide project completed in a timely manner f or saf ety and traf f ic congestion issues, he will of f er the city f ull right to enter and construct a road repair project and f uture entry 24/7 f or maintenance reasons now and into the f uture as if it was their own land. His only request is that they construct the road slide repair project in such a manner as not to negativ ely af f ect his f uture f arming operation. Council President Gipson questioned whether, in light of Mr. Henrickson’s statement, the city needs to go through with the condemnation. City Attorney Iles recommended that the council authorize the condemnation so that in the ev ent that an arrangement cannot be worked out to the satisf action of both Mr. Henrickson and the city, the city can mov e the matter f orward. COUNCIL BILL NO. 1207-25 FIRST READING: AN ORDINANCE closing the special construction f und entitled “Key Bank/Bank of Ev erett Shell Improv ements,” Fund 342, Program 012, as established by Ordinance No. 3046-07, and amended by Ordinance No. 3132-09 Presented by Ruben Sanchez, Facilities CONSENT ITEMS: Mov ed by Council Member Moore, seconded by Council Member Burke, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6514 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $3,910,553.18 f or the period of June 16, 2012 through June 22, 2012. RESOLUTION – PAY ROLL To adopt Resolution No. 6515 acknowledging the pay ment of audited and approv ed pay roll claims against the city of Ev erett in the amount of $3,460,052.01 f or the period ending June 16, 2012. STREET CLOSURE – TRICY CLE RELAY RACE To authorize the closure of the alley between Wetmore and Rockef eller f rom Wall to Hewitt on July 22, 2012, 11 a.m. to 6 p.m., f or a Tricy cle Relay Race sponsored by Tony V’s Garage Saloon & Eatery. STREET CLOSURE – CAR SHOW To authorize the closure of Bond Street, Federal to Wall, on July 7, 2012, 10 a.m. to 6 p.m., f or a Car Show sponsored by the Anchor Pub. Roll was called with all council members v oting except Council Members Roberts and Stonecipher who were excused. Motion carried. PUBLIC HEARING – COUNCIL BILL NO. 1206-23 Council President Gipson opened a public hearing regarding a proposed ordinance, Council Bill No. 1206-23, relating to medical cannabis, amending Ordinance No. 3232-11, and extending the moratorium on collectiv e gardens an additional six months. Ramsey Ramerman, Legal, stated that the City Attorney ’s of f ice is recommending extending the moratorium f or six months f or two principal reasons. First, additional time is needed to study some of the health and saf ety considerations and zoning considerations f or the appropriate locations f or collectiv e gardens and the ty pe of regulations and permitting needed. Second, under the current state of law there is a conf lict between f ederal law and state law on the issue of medical marijuana and there is a lawsuit currently in the courts. Our hope is that within the next six months we will hav e some preliminary determination addressing the conf lict between f ederal and state law. He remarked that this moratorium is not a ban on medical marijuana. Indiv iduals are still permitted to grow their own medical marijuana or get it f rom a designated prov ider. Council President Gipson inv ited public comment. Alex Emery, Ev erett, expressed his concerns regarding the amount of drug activ ity in his neighborhood. Ian Vojo, Ev erett, spoke in opposition to extending the proposed moratorium. Mov ed by Council Member Hatloe, seconded by Council Member Burke, to close the public hearing. Roll was called with all council members v oting y es except Council Members Roberts and Stonecipher who were excused. Motion carried. COUNCIL BILL NO. 1206-23 THIRD AND FINAL READING: AN ORDINANCE relating to medical cannabis, amending Ordinance No. 3232-11, and extending the moratorium on collectiv e gardens an additional six months 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. 1206-23 with inclusion of the language which was prov ided by the City Attorney regarding the renewal period being f rom July 20, 2012 through January 20, 2013. The City Clerk was directed to call the roll f or the f inal disposition of the ordinance. AY ES: Moore, Hatloe, Gipson, Burke, Af f holter NAY S: None EXCUSED: Roberts, Stonecipher Ordinance No. 3274-12 adopted ACTION ITEMS: RESOLUTION - VACATION Mov ed by Council Member Af f holter, seconded by Council Member Moore, to adopt Resolution No. 6516 initiating and setting August 8, 2012, 6:30 p.m., as the date and time of the public hearing f or the proposed v acation of a portion of Chestnut Street and 17th Street ly ing within the Plat of Riv erdale Addition to Ev erett. Roll was called with all council members v oting y es except Council Members Roberts and Stonecipher who were excused. Motion carried. BID AWARD – WATER MAIN IMPROVEMENT “L”-HEWITT AVENUE Mov ed by Council Member Hatloe, seconded by Council Member Burke, that the contract f or the Water Main Improv ement “L” – Hewitt Av enue project be awarded to the lowest responsiv e bidder, SRV Construction, Inc. in the amount of $848,159.13 including Washington State sales tax as receiv ed at the bid opening held at 2 p.m., June 19, 2012. Roll was called with all council members v oting y es except Council Members Roberts and Stonecipher who were excused. Motion carried. AGREEMENT – EMERGENCY SUPPORT AND RESPONSE VESSEL Mov ed by Council Member Moore, seconded by Council Member Hatloe, to authorize the May or to sign the interlocal agreement with Snohomish County f or use of the Emergency Support and Response Vessel. Roll was called with all council members v oting y es except Council Members Roberts and Stonecipher who were excused. Motion carried. AGREEMENT AMENDED – TARGET ZERO TEAMS PROJECT Mov ed by Council Member Af f holter, seconded by Council Member Moore, to authorize the May or to sign Amendment No. 1 to the 2011 Memorandum of Understanding with the Washington Traf f ic Saf ety Commission regarding participation in the Target Zero Teams project. Roll was called with all council members v oting y es except Council Members Roberts and Stonecipher who were excused. Motion carried. CITIZEN COMMENTS Council Members Moore, Hatloe and Af f holter lef t the council chambers. James Robert Deal, Ly nnwood; Carol White, Ev erett; Donna Westf all, Crescent City, CA; Dr. Dav id John, Mercer Island; and Jim Bernard, Bothell; spoke regarding the dangers of f luoride in the city ’s water supply. EXECUTIVE SESSION The city council meeting recessed f or an executiv e session and adjourned f rom there at 1:20 p.m. ___________________________  Deputy City Clerk Read and approv ed as printed. ____________________________ Council President