Everett City Council

W ednesday, December 05, 2012 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., December 5, 2012, in the City Council Chambers of the Ev erett City Hall, President Gipson presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Gipson, Bader, Stonecipher, and Af f holter were present. Council Members Moore and Hatloe were excused. Christina Wiersma, Legal Department, led the Pledge of Allegiance. The minutes of the Nov ember 28, 2012, Ev erett City Council meeting were approv ed as printed. Council Members Roberts and Gipson abstained f rom the v ote. MAY OR The May or had no comments. COUNCIL Council Member Stonecipher thanked May or Stephanson f or the inv itation to the upcoming Boards and Commissions reception next week, but stated she would be unav ailable to attend the ev ent this y ear. Council Member Roberts and Gipson reported on their attendance at the National League of Cities conf erence in Boston, Massachusetts, last week. Because the council members were not in attendance at last week’s meeting, they welcomed newest Council Member Bader to the City Council. CITY ATTORNEY The City Attorney had no comments. CITIZEN COMMENTS Laura Genin, Ev erett, requested that the City Council work with BNSF Railway s to create a quiet zone on the Bond Street crossing due to increased train noise. Council Member Stonecipher asked city staf f to f ind out what has changed in terms of v olume of trains passing through the area or what is causing the increased noise. The May or and City Attorney Iles stated the City would work with transportation representativ es to determine what is possible. Annie Ly man, Ev erett, asked the Council to conf irm the primary residence of Council Member Hatloe. Discussion ensured about the rules and regulations gov erning residences of council members. Gail Chism, Ev erett, recalled memories in honor of past Council Member Dale Pope who passed away last week. She also suggested the City erect a wall rather than a plaque to replace the Centennial bricks that were remov ed f rom the Ev erett Perf orming Arts Center entry way. COUNCIL BRIEFING AGENDA Golf f ee modif ications ef f ectiv e March 1, 2013 Presented by : Lori Cummings, Parks Department COUNCIL BILL NO. 1211-58 FIRST READING: AN ORDINANCE declaring certain cannabis activ ities to be nuisances Presented by : Dav id Hall, Legal Department Attorney Hall outlined alternativ e courses of action that were considered as a result of the expiration of the moratorium next month on medical cannabis/collectiv e gardens. Jeremy Kelsey, Mukilteo, spoke in opposition to the proposed ordinance, which he v iews as a continuation of the moratorium. Lawrence Allred, Ev erett, also expressed opposition to the proposed ordinance. COUNCIL BILL NO. 1211-59 FIRST READING: AN ORDINANCE adopting the Central Waterf ront Redev elopment Plan as a Subarea Plan of the Ev erett Growth Management Comprehensiv e Plan, amending Ordinance No. 2021-94, as amended Presented by : Allan Gif f en, Planning Department COUNCIL BILL NO. 1211-60 FIRST READING: AN ORDINANCE establishing zoning regulations f or the Central Waterf ront Planning Area, amending Ordinance No. 1671-89 (EMC Title 19, Zoning), as amended, and repealing Ordinance No.’s 3277-12 and 3260-12 Presented by : Allan Gif f en, Planning Department Discussion ensued regarding water-dependent activ ities and the requirements and v iability of deep water shipping access. Allan Gif f en, Planning Director, stated he would attempt to obtain answers by Wednesday, December 19, 2012. Gail Chism, Ev erett, spoke in opposition to heav y industrial and manuf acturing use on the site. PROPOSED ACTION ITEMS COUNCIL BILL NO. 1211-53 SECOND READING: AN ORDINANCE relating to Business and Occupation Tax, amending Ordinance No. 2810-04 (Chapter 3.24 EMC), as amended COUNCIL BILL NO. 1211-54 SECOND READING: AN ORDINANCE relating to Tax Administration, amending Ordinance No. 2809-04 (Chapter 3.19 EMC), as amended COUNCIL BILL NO. 1211-55 SECOND READING: AN ORDINANCE approv ing the appropriations of the 2012 rev ised City of Ev erett budget and amending Ordinance No. 3292-12 COUNCIL BILL NO. 1211-56 SECOND READING: AN ORDINANCE adopting the budget f or the City of Ev erett f or the y ear 2013 COUNCIL BILL NO. 1211-57 SECOND READING: AN ORDINANCE establishing the basic salary schedule f or employ ees of the City of Ev erett f or 2013, repealing Ordinance No. 3249-11 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. 6566 acknowledging the pay ment of audited and approv ed claims against the City of Ev erett in the amount of $3,384,269.23 f or the period of Nov ember 17, 2012, through Nov ember 21, 2012. RESOLUTION – PAY ROLL To adopt Resolution No. 6567 acknowledging the pay ment of audited and approv ed pay roll claims against the City of Ev erett in the amount of $3,424,693.14 f or the period ending Nov ember 17, 2012. RFQ – PARKING GARAGE AT EVERETT STATION To authorize a request f or qualif ications f rom engineering and design consultants f or preliminary engineering and design f or a parking garage at Ev erett Station. Roll was called with all council members v oting y es except Council Members Moore and Hatloe who were excused. Motion carried. PUBLIC HEARING – COUNCIL BILL NO. 1211-52 Council President Gipson opened a public hearing regarding Council Bill No. 1211-52, a proposed ordinance amending Section 3(D) of Chapter 5 of Ordinance No. 2530-01 (EMC 15.20.110), extending the ef f ectiv e period f or Land Use Permits issued under Rev iew Processes II and III. Council President Gipson inv ited public comment. Gail Chism, Ev erett, inquired as to what issued land use permits would be extended by the proposed ordinance. Planning Director Allan Gif f en prov ided the inf ormation. Mov ed by Council Member Af f holter, seconded by Council Member Bader, to close the public hearing. Roll was called with all council members v oting y es except Council Members Moore and Hatloe who were excused. Motion carried. COUNCIL BILL NO. 1211-52 THIRD AND FINAL READING: AN ORDINANCE amending Section 3(D) of Chapter 5 of Ordinance No. 2530-01 (EMC 15.20.110), extending the ef f ectiv e period f or Land Use Permits issued under Rev iew Processes II and III Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, that this is declared to be the third and f inal reading of Council Bill No. 1211-52 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Gipson, Bader, Stonecipher, Af f holter NAY S: None EXCUSED: Moore, Hatloe Ordinance No. 3303-12 adopted. ACTION ITEMS: CITY COUNCIL VACANCY – POSITION 3 Council President Gipson made the f ollowing announcement. The Council has determined by majority v ote the process to be f ollowed in f illing Position 3, v acated by Council Member Hatloe, beginning January 1, 2013. Af ter conf erring with the City Attorney, President Gipson rev iewed options that the council could elect to complete the process. Council applicants must be a minimum of 18 y ears of age, a registered v oter, and a resident of the city of Ev erett f or a minimum of one y ear. The process will occur as f ollows: Public notice will be prov ided. A letter of interest and a resume conf irming the applicant’s qualif ications are to be submitted to the City Clerk’s of f ice no later than Wednesday, December 12, 2012, 5:00 p.m. Following that, council members will be prov ided with application packets by Thursday, December 13, 2012, 5:00 p.m. By Monday, December 17, 2012, 12:00 p.m., each council member will submit to Deb Williams, council coordinator, a nomination f rom the list of applicants f or the open position. These nominations will be made public by the council president no later than Tuesday, December 18, 2012, 12:00 p.m. The Council President will schedule a time at a public meeting to interv iew each of the nominated candidates. It is anticipated that interv iews will take place f ollowing the regular Ev erett City Council meeting on Thursday, December 27, 2012. Should no candidate receiv e a majority v ote upon v ote of the council, council members will v ote again eliminating the candidate receiv ing the least v otes f rom the next round of v otes. This process will continue until a candidate is selected. Mov ed by Council Member Stonecipher, seconded by Council Member Roberts, to approv e the public process that will be used to f ill the Position 3 v acancy. Roll was called with all council members v oting y es except Council Members Moore and Hatloe who were excused.  Motion carried. Jackie Minchew, Ev erett, expressed his support of the process adopted to select a candidate, although he urged the council to make this process ev en more transparent by permitting the public to v iew application packets and allowing candidates to speak bef ore the city council. Angela Krisinger, Ev erett, also spoke in f av or of the transparent process and asked the city council to expand the process criteria by considering the most recent election results when appointing an interim candidate. AGREEMENT – RESERVOIR 6 ROOF REPLACEMENT Mov ed by Council Member Af f holter, seconded by Council Member Roberts, to authorize pursuing the Design-Build project deliv ery with the Capital Project Adv isory Rev iew Board and authorize the May or to sign a Prof essional Serv ices Agreement with Brown and Caldwell to prov ide Design-Build consultant serv ices f or Reserv oir 6 Roof Replacement in the amount of $221,463.00. Roll was called with all council members v oting y es except Council Members Moore and Hatloe who were excused. Motion carried. AGREEMENT – 2013 FITNESS CLASSES Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to authorize the May or to sign the Prof essional Serv ices Agreement with Kate Liv ingston f or the prov ision of land and water f itness classes f or 2013. Roll was called with all council members v oting y es except Council Members Moore and Hatloe who were excused. Motion carried. The city council meeting adjourned at 8:19 p.m. ___________________________ City Clerk Read and approv ed as printed. ____________________________ Council President