Everett City Council

W ednesday, July 25, 2012 The regular meeting of the Ev erett City Council was called to order at 12:30 p.m., July 25, 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 Moore, Hatloe, Gipson, Stonecipher, and Af f holter were present. Council Members Roberts and Burke were excused. May or Stephanson led the Pledge of Allegiance. The minutes of the July 18, 2012 Ev erett City Council meeting were approv ed as printed. Council Members Moore and Hatloe abstained f rom the v ote. MAY OR May or Stephanson had no comments. COUNCIL Council Member Moore expressed his appreciation to the May or f or the opportunity to meet with the delegation f rom Iwakuni, Japan, Ev erett’s sister city. CITY ATTORNEY The City Attorney had no comments. CITIZEN COMMENTS Richard Wilson, Ev erett, expressed his concern regarding the increased criminal activ ity around the Waits Motel in recent months. He questioned the possibility of creating a taxing district f or the north Ev erett area and issuing bonds to increase their property taxes to buy up the derelict properties. Deputy Police Chief Dan Templeman spoke regarding the city ’s ongoing ef f orts to allev iate the problems. COUNCIL BRIEFING AGENDA Adopt Resolution amending Resolution No. 6281 establishing City Council Rules of Procedures f or the conduct of council Presented by Council President Gipson Council Member Stonecipher stated that f or the record she would pref er that New Section: Council Committees not be stricken. Adopt Resolution concerning the deploy ment of City of Ev erett CDE LLC New Markets Tax Credit Allocation Presented by Tim Benedict, Legal Council Member Hatloe requested an update on the Riv erf ront project. COUNCIL BILL NO. 1207-38 FIRST READING: AN ORDINANCE closing a special construction f und entitled “Water and Sewer Sy stem Improv ements Fund,” Fund 339, as established by Ordinance No. 2693-03 and amended by Ordinance No. 3039-07 Presented by Dav e Dav is, Public Works Authorize the call f or bids f or the Powder Mill Gulch Tributary Stabilization project Presented by Dav e Dav is, Public Works Award bid f or the 112th Street S.E. – Silv er Lake Road to SR527 project to Razz Construction, Inc. in the amount of $3,175,995.44 Presented by Dav e Dav is, Public Works PROPOSED ACTION ITEMS COUNCIL BILL NO. 1207-27 SECOND READING: AN ORDINANCE amending the Comprehensiv e Plan and rezoning the property located at 19th Av enue SE and 120th Street SE, amending Ordinance No. 2021-94, and Ordinance No. 1671-89, as amended, The Firehouse Rezone COUNCIL BILL NO. 1207-28 SECOND READING: AN ORDINANCE amending the Comprehensiv e Plan Map f rom 1.6 (Multiple Family ) to 4.4 (Mixed Use Commercial) and rezoning v acant Lot 3, Oliv ia Park Div ision 1, Block 000 D-00, f rom R-3 (Multiple Family ) to E-1 MUO (Ev ergreen Way -Mixed Use Ov erlay Zone) amending Ordinance No. 2021-94, and Ordinance No. 1671-89, as amended, The Scrupps Rezone COUNCIL BILL NO. 1207-29 SECOND READING: AN ORDINANCE amending the Comprehensiv e Plan Map f rom 1.2 (Single Family ) to 4.4 (Mixed Use Commercial) and rezoning the property located at 4629 Ev ergreen Way f rom R-1 (Single Family ) to E-1 (Ev ergreen Way Zone) amending Ordinance No. 2021-94, and Ordinance No. 1671-89, as amended, The Warriner Rezone COUNCIL BILL NO. 1207-30 SECOND READING: AN ORDINANCE amending the text of the Comprehensiv e Plan, Chapter 9, the Parks and Recreation Element, amending Ordinance No. 2021-94, as amended COUNCIL BILL NO. 1207-31 SECOND READING: AN ORDINANCE rezoning the property located at 11325 19th Av enue Se f rom B-1 (Neighborhood Business) to R-3 (Multiple Family ), amending Ordinance No. 1671-89, as amended, The Lake Shore Condominium Rezone COUNCIL BILL NO. 1207-32 SECOND READING: AN ORDINANCE amending the Comprehensiv e Plan Map f or f iv e properties located at 11430, 11429, 11420, 11416, 11408, 11413 and 11404 23rd Driv e, and rezoning the properties f rom R-3 (Multiple Family ) to R-1 (Single Family ) amending Ordinance No. 2021-94, and Ordinance No. 1671-89, as amended, The 23rd Driv e Rezone COUNCIL BILL NO. 1207-33 SECOND READING: AN ORDINANCE approv ing an amendment to the Comprehensiv e Plan Map f rom 4.1 (Neighborhood Business) to 4.2 (Community Business) f or the property located on Mukilteo Boulev ard, west of Oly mpic Av enue and Dogwood Av enue, amending Ordinance No. 2021-94, as amended, The Dogwood Comprehensiv e Plan Amendment COUNCIL BILL NO. 1207-34 SECOND READING: AN ORDINANCE amending the Comprehensiv e Plan Map f or a portion of the property located at 3008 Kromer f rom 1.2 (Single Family ) Detached to 1.6 (Multiple Family ), and rezoning that portion of the property f rom M-2 (Heav y Industrial) to R-3 (Multiple Family ), amending Ordinance No. 2021-94, and Ordinance No. 1671-89, as amended, The Englet Rezone COUNCIL BILL NO. 1207-35 SECOND READING: AN ORDINANCE rezoning the north portion of the city -owned Forgotten Creek property f rom M-2 (Heav y Industrial) to R-1 (Single Family ), amending Ordinance No. 2021-94, and Ordinance No. 1671-89, as amended, The Forgotten Creek Rezone COUNCIL BILL NO. 1207-36 SECOND READING: AN ORDINANCE rezoning the north portion of the property located at 3054 Tulalip Av enue f rom M-2 (Heav y Industrial) to R-1 (Single Family ), amending Ordinance No. 1671-92, The DeBlasio Rezone COUNCIL BILL NO 1207-37 SECOND READING: AN ORDINANCE amending the Comprehensiv e Plan Map expanding the city ’s Urban Growth Boundary on Smith Island, amending Ordinance No. 2021-94, as amended, Smith Island UGA Expansion CONSENT ITEMS: Mov ed by Council Member Af f holter, seconded by Council Member Moore, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6520 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $2,171,445.58 f or the period of July 7, 2012 through July 13, 2012. STREET CLOSURE – HIGH SEAS PIRATE DAY To authorize the closure of Wall Street, Hoy t to Colby, on September 15, 2012, 8 a.m. to 4 p.m., f or a High Seas Pirate Day sponsored by the Imagine Children’s Museum. STREET CLOSURE – RACIN’ RALLY DAY To authorize the closure of Wall Street, Hoy t to Colby, on August 5, 2012, 8 a.m. to 4 p.m., f or a Racin’ Rally Day sponsored by the Imagine Children’s Museum. JOB COMPLETE – PORTAL 3 MODIFICATON To accept the Portal 3 Modif ication project as complete and authorize the May or to sign the certif icate of completion with Razz Construction allowing release of the retainage bond held by Berkley Regional Insurance Company. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. PUBLIC HEARING – COUNCIL BILL NO. 1207-26 Council President Gipson opened a public hearing regarding a proposed ordinance, Council Bill No. 1207-26, amending the moratorium relating to the Central Waterf ront Planning Area by extending the moratorium an additional six (6) months, amending Ordinance No. 3260-12. Allan Gif f en, Planning, reminded the council members that staf f had recommended the addition of one recital that had been requested by the Kimberly Clark Corporation. Council President Gipson inv ited public comment. No one wished to speak. Mov ed by Council Member Stonecipher, seconded by Council Member Moore, to close the public hearing. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. COUNCIL BILL NO. 1207-26 THIRD AND FINAL READING: AN ORDINANCE amending the Moratorium relating to the Central Waterf ront Planning Area by extending the Moratorium an additional six months, amending Ordinance No. 3260-12 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. 1207-26 with the addition of one recital and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Moore, Hatloe, Gipson, Stonecipher, Af f holter NAY S: None EXCUSED: Roberts, Burke Ordinance No. 3277-12 adopted ACTION ITEMS: GRANT APPLICATION Mov ed by Council Member Moore, seconded by Council Member Af f holter, to authorize the May or to sign the Washington State Of f ice of Public Def ense grant application f or the 2013 calendar y ear in the amount of $150,000.00 and, if the city is awarded a grant, to execute documents necessary to accept the grant and complete the transf er of f unds. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. BID AWARD – NEC TELEPHONE NETWORK MAINTENANCE Mov ed by Council Member Hatloe, seconded by Council Member Af f holter, to award RFP2012-005 f or NEC Telephone Network Maintenance to Black Box Networks Serv ices in an annual amount of $105,325.00 including Washington State sales tax. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. RESOLUTION – PUBLIC AUCTION Mov ed by Council Member Moore, seconded by Council Member Hatloe, to adopt Resolution No. 6521 declaring a 1994 Caterpillar 416B Backhoe (H0003) surplus and authorize it to be sold at a public auction to be conducted by the James G Murphy Co. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. AGREEMENTS – ON-CALL SURVEY ING SERVICES Mov ed by Council Member Moore, seconded by Council Member Af f holter, to authorize the May or to execute the Local Agency Standard Consultant Agreement f or On-Call Surv ey ing Serv ices. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. AGREEMENT AMENDED – PUBLIC AMENITIES AND WETLAND ENHANCEMENTS Mov ed by Council Member Stonecipher, seconded by Council Member Moore, to authorize the May or to sign Amendment No. 7 to the prof essional serv ices agreement with MacLeod Reckord to extend the agreement completion date to December 31, 2012. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused.  Motion carried. AGREEMENT AMENDED – SMITH ISLAND/UNION SLOUGH RESTORATION SITE MONITORING SERVICES Mov ed by Council Member Af f holter, seconded by Council Member Moore, to authorize the May or to sign Amendment No. 3 to the prof essional serv ices agreement with ICF Jones and Stokes f or the Smith Island/Union Slough Restoration Site Monitoring Serv ices in the amount of $19,955.00. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. AGREEMENT AMENDED – ON-CALL ENVIRONMENTAL SERVICES Mov ed by Council Member Moore, seconded by Council Member Stonecipher, to authorize the May or to sign Amendment No. 1 to the prof essional serv ices agreement with AMEC Earth and Env ironmental f or on-call env ironmental serv ices f or an additional $110,000.00. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. AGREEMENT – ENGINEERING CONSULTATION SERVICES Mov ed by Council Member Hatloe, seconded by Council Member Af f holter, 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 $29,800.00. Roll was called with all council members v oting y es except Council Members Roberts and Burke. Motion carried. AGREEMENT AMENDED – CONCESSION SERVICES Mov ed by Council Member Stonecipher, seconded by Council Member Af f holter, to authorize the May or to sign Amendment Two to the agreement with Dog Day Af ternoon to use city property f or concession serv ices. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. AGREEMENT AMENDED – MOBILE CONCESSION SERVICES Mov ed by Council Member Hatloe, seconded by Council Member Af f holter, to authorize the May or to sign Amendment One to the agreement with Fun Times Ice Cream to use city property f or mobile concession serv ices. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. AGREEMENT – GEOTECHNICAL CONSULTATION SERVICES Mov ed by Council Member Moore, seconded by Council Member Stonecipher, to authorize the May or to sign the prof essional serv ices agreement with GeoEngineers, Inc. to prov ide Geotechnical Consultation Serv ices f or the Parks and Recreation Department. Roll was called with all council members v oting y es except Council Members Roberts and Burke who were excused. Motion carried. The city council meeting adjourned at 1:55 p.m. ___________________________ Deputy City Clerk Read and approv ed as printed. ____________________________ Council President