Everett City Council

W ednesday, July 11, 2012 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., July 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 May or Stephanson and Council Members Roberts, Gipson, Burke and Af f holter were present. Council Members Stonecipher, Moore and Hatloe were excused. Council President Gipson led the Pledge of Allegiance. The minutes of the July 3, 2012 Ev erett City Council meeting were approv ed as printed. Council Members Roberts abstained f rom the v ote. MAY OR May or Stephanson remarked that the City is saddened by the passing of two-term Civ il Serv ice Commissioner Errol Lee, and extended condolences to his f amily. COUNCIL Council Member Roberts reported on a settlement of odor complaint v iolations, f ocused primarily on Cedar Grov e, through the Puget Sound Clean Air Agency. He f urther adv ised that the naming policy committee had its f irst meeting today, that they will continue to meet ev ery Wednesday at 4:00 p.m. in the Council Chambers, and that he is hopef ul they will be able to bring f orth a recommendation within the schedule they ’v e been asked to meet. Council President Gipson remarked that the order of items on the agenda is set by the council president to accommodate the schedules of the council members. Citizen comments were mov ed to the end of last week’s agenda f or that reason, and it is the prerogativ e of the council president to do so. CITY ATTORNEY City Attorney Iles had no comment. CITIZEN COMMENTS Annie Ly man, Ev erett, expressed her sev ere disappointment that sev eral council members walked out of last week’s council meeting during citizen comments. She also stated that she appreciated Council President Gipson’s stance regarding a property rights issue on last week’s agenda. Sally John, Mercer Island; Geraldine Helwing, Ev erett; Dav id W. John, Mercer Island; Carol White, Ev erett; Kathleen Grieci, Ev erett; and James Deal, Ly nnwood all spoke in opposition to the f luoridation of water. Council President Gipson prov ided a copy of the City Charter to Mr. Deal and encouraged him to take the steps necessary to change the v ote of the citizens which resulted in water f luoridation, stating that repeated v isits to council meetings is not the way to ef f ect the change he seeks. COUNCIL BRIEFING AGENDA Adopt a resolution amending Resolution No. 6281 establishing City Council Rules of Procedures f or the conduct of council Presentation by Council President Gipson President Gipson stated that this item will be held ov er f or two subsequent brief ings. He indicated that council members hav e receiv ed a copy of the City Attorney ’s v erbiage, and asked that council members rev iew and comment regarding each section of the draf t resolution. Changes and comments are to be noted to him, and then passed through the City Attorney f or rev iew prior to being brought back bef ore council. The 4/11/12 draf t of the resolution was taken up section by section, and discussion ensued. The 4/11/12 draf t is to be amended in accordance with the discussion thus f ar, and re-presented at the next two council meetings Annie Ly man, Ev erett, stated her concern that citizens had no way of f ollowing the issues presented at this brief ing due to the lack of presentation materials. She understood the intent was to help citizens know what is going on, but this process seems to compound the conf usion. President Gipson apologized that the draf t under rev iew was not av ailable to the citizens, and said that would be corrected next week. PROPOSED ACTION ITEMS COUNCIL BILL NO. 1207-24 SECOND 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 COUNCIL BILL NO. 1207-25 SECOND 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 CONSENT ITEMS Mov ed by Council Member Af f holter, seconded by Council Member Burke, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6517 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $738,481.60 f or the period of June 23, 2012 through June 29, 2012. ROLLING STREET CLOSURE – 5K RUN/WALK To authorize a rolling street closure f rom Legion Memorial Park to 16th Street and back on July 15, 2012, 9 a.m. to 12 p.m., f or a 5K Run/Walk sponsored by Snohomish County Legal Serv ices. Roll was called with all council members v oting y es, except Council Members Hatloe, Moore and Stonecipher, who were excused. Motion carried. ACTION ITEMS: SETTLEMENT – TORT CLAIM Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to approv e the tort claim settlement with Aaby at 717 Wetmore Av enue in the amount of $56,794.87. Roll was called with all council members v oting y es, except Council Members Hatloe, Moore and Stonecipher, who were excused. Motion carried. AGREEMENT - SETTLEMENT Mov ed by Council Member Af f holter, 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 against the city by the Bankruptcy Estate of LaNita Denise Pev erly f or the amount of $40,000.00. Roll was called with all council members v oting y es, except Council Members Hatloe, Moore and Stonecipher, who were excused. Motion carried. BID AWARD – SEWER LIFT STATION NO. 24 REPLACEMENT Mov ed by Council Member Burke, seconded by Council Member Roberts, to award construction contract and authorize the May or to sign construction contract with McClure & Sons, Inc. f or the Sewer Lif t Station No. 24 Replacement project in the amount of $4,752,628.50. Roll was called with all council members v oting y es, except Council Members Hatloe, Moore and Stonecipher, who were excused. Motion carried. AGREEMENT – ENGINEERING CONSULTATION SERVICES Mov ed by Council Member Roberts, seconded by Council Member Burke, to authorize the May or to sign the prof essional serv ices agreement with Tetra Tech, Inc. to prov ide Engineering Consultation Serv ices f or the Water Filtration Plant in the amount of $608,837.00. Roll was called with all council members v oting y es, except Council Members Hatloe, Moore and Stonecipher, who were excused. Motion carried. The city council meeting adjourned at 7:50 p.m. ___________________________ Clerk Designee Read and approv ed as printed. ____________________________ Council President