Everett City Council

W ednesday, August 29, 2012 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., August 29, 2012, in the City Council Chambers of the Ev erett City Hall, Vice President Moore presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Moore, Burke, Stonecipher, and Af f holter were present. Council Members Gipson and Hatloe were excused. Council Member Af f holter led the Pledge of Allegiance. The minutes of the August 22, 2012, Ev erett City Council meeting were approv ed as printed. Council Member Moore abstained f rom the v ote. MAY OR The May or had no comments. COUNCIL Council Members Stonecipher and Roberts congratulated the Twin Creeks Neighborhood Association, f ormerly Ev erett Mall South Neighborhood Association, on the unv eiling of their new sign and association name. CITY ATTORNEY City Attorney Jim Iles requested an executiv e session f ollowing the meeting concerning two legal matters pursuant to RCW 42.30.110(1)(i). The session was expected to last approximately 15 minutes with a possible announcement to f ollow. CITIZEN COMMENTS There were no citizen comments. COUNCIL BRIEFING AGENDA Adopt Resolution establishing a policy on public names and name changes and repealing Resolution No. 5865 and CB 763-76 Presented by Sarah Olson, Parks Board Discussion took place regarding the procedures in the proposed resolution. City council asked the legal staf f to prepare rev isions to the resolution f or presentation to the city council at a f uture date. Dav e Ramstad, Historical Commission, expressed support f or the policy and thanked Sarah Olson f or her presentation. Citizens Victor Harris and Annie Ly man, both of Ev erett, commented on the policy. Discussion of potential retail business at Ev erett Station Presented by Tom Hingson, Transportation Serv ices Authorize the May or to execute the Interlocal Agreement with Snohomish County f or jail serv ices Presented by Dav id Hall, Legal COUNCIL BILL NO. 1208-43 FIRST AND SECOND READINGS: AN ORDINANCE creating a special improv ement project entitled, “2011 Landslide Repair – Lowell Larimer Road, “Fund 303, Program 094, to accumulate all costs f or the improv ement Presented by Dav e Dav is, Public Works Authorize the May or to sign Amendment No. 5 to the Prof essional Serv ices Agreement with Murray, Smith & Associates, Inc. f or Sewer Lif t Station No. 24 Replacement Project Presented by Dav e Dav is, Public Works PROPOSED ACTION ITEMS COUNCIL BILL NO. 1208-40 SECOND READING: AN ORDINANCE v acating a portion of Chestnut Street and 17th Street ly ing within the Plat of Riv erdale Addition to Ev erett subject to the conditions as set f orth in the ordinance COUNCIL BILL NO. 1208-41 SECOND READING: AN ORDINANCE prov iding the issuance and sale of limited tax general obligation ref unding bonds in the principal amount of not to exceed $15,000,000 to prov ide f unds to ref und certain outstanding general obligation bonds of the city COUNCIL BILL NO. 1208-42 SECOND READING: AN ORDINANCE approv ing the appropriations of the 2012 rev ised City of Ev erett budget and amending Ordinance No. 3273-12 CONSENT ITEMS: Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6533 acknowledging the pay ment of audited and approv ed claims against the City of Ev erett in the amount of $1,131,687.55 f or the period of August 11, 2012, through August 17, 2012. RESOLUTION – PAY ROLL To adopt Resolution No. 6534 acknowledging the pay ment of audited and approv ed pay roll claims against the City of Ev erett in the amount of $3,471,143.31 f or the period ending August 11, 2012. BID CALL To authorize the call f or bids f or the 2011 Landslide Repair – Lowell Larimer Road project Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused. Motion carried. PUBLIC HEARING – EVERETT TRANSIT DEVELOPMENT PLAN AND ANNUAL REPORT Council Vice President Moore opened a public hearing regarding the Ev erett Transit Dev elopment Plan 2012-2017 and 2011 Annual Report. Tom Hingson, Transportation Serv ices, gav e a brief presentation that summarized the report. Vice President Moore inv ited public comment. No comment was made. Mov ed by Council Member Roberts, seconded by Council Member Burke, to close the public hearing. Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused. Motion carried. Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to accept the 2012-2017 Ev erett Transit Dev elopment Plan and 2011 Annual Report. Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused.  Motion carried. ACTION ITEMS: AGREEMENT – ROOM USE Mov ed by Council Member Af f holter, seconded by Council Member Burke, to authorize the May or to sign the Room Use Agreement with Washington State Transit Insurance Pool. Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused. Motion carried. AGREEMENT – PROPERTY ACCESS Real Property Manager Mike Palacios stated that there was reconsideration to one of the elements in the signed agreement and asked the City Council to authorize the execution of the agreement in the f orm substantially prov ided allowing the City Attorney ’s of f ice and real property management to dev elop rev ised v erbiage. City Attorney Jim Iles concurred with this recommendation. Hugh Henrickson thanked the May or, City Council, and city staf f f or their work on the agreement. Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to authorize the May or to sign the Property Use Agreement with Hugh Hendrickson f or property access to make repairs to the Lowell-Larimer Road. Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused. Motion carried. AGREEMENT – WPCF EXPANSION/PHASE C Mov ed by Council Member Burke, seconded by Council Member Af f holter, to authorize the May or to sign the Public Works Trust Fund Construction Loan Contract Number PC13-961-008 f or the Ev erett Water Pollution Control Facility Expansion, Phase C, in the amount of $10 million. Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused. Motion carried. AGREEMENT – GEOTECHNICAL SERVICES Mov ed by Council Member Stonecipher, seconded by Council Member Roberts, to authorize the May or to sign the Prof essional Serv ices Agreement with Shannon and Wilson, Inc. f or geotechnical serv ices in the amount of $9,482.00. Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused. Motion carried. COUNCIL BILL NO. 1208-39 THIRD AND FINAL READING: AN ORDINANCE relating to gif ts, creating a new Chapter 2.105 in the Ev erett Municipal Code, and repealing Ordinance No. 1680-90. Mov ed by Council Member Burke, seconded by Council Member Roberts, that this is declared to be the third and f inal reading of Council Bill No. 1208-39, and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Burke, Stonecipher, Af f holter NAY S: None EXCUSED: Gipson and Hatloe Ordinance No. 3290-12 adopted. AGREEMENT AMENDED – HAZARD MITIGATION PLAN Mov ed by Council Member Af f holter, seconded by Council Member Roberts, to authorize the May or to sign Amendment A to the Washington State Military Department Contract E11-135. Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused. Motion carried. EXECUTIVE SESSION: The city council recessed f or a brief executiv e session and reconv ened to announce and take action on a legal matter. Dav id Hall, Legal Department, gav e a brief presentation recommending the City ’s participation in an appeal of the Department of Ecology ’s Phase II stormwater permit. Mov ed by Council Member Burke, seconded by Council Member Af f holter, to approv e the City ’s participation in an appeal of the Phase II stormwater permit and to authorize the May or to sign the necessary documents as approv ed by the City Attorney ’s of f ice to participate in a coalition of Washington cities to pursue that appeal. Roll was called with all council members v oting y es, except Council Members Gipson and Hatloe who were excused. Motion carried. The Ev erett City Council meeting adjourned at 8:13 p.m. ___________________________ City Clerk Read and approv ed as printed. ____________________________ Council Vice President