Everett City Council

W ednesday, December 19, 2012 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., December 19, 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, Moore, Hatloe, Gipson, Bader, Stonecipher, and Af f holter were present. Council President Gipson led the Pledge of Allegiance. The minutes of the December 12, 2012, Ev erett City Council meeting were approv ed as printed. MAY OR APPOINTMENTS Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to concur with the f ollowing appointments: Animal Shelter Adv isory Committee Reappointment of Grace Martinez to Position 5 f or a six-y ear term ending December 31, 2018 Board of Park Commissioners Appointment of Gary Allen to Position No. 7 f or a six-y ear term ending December 31, 2018 Committee f or Housing & Community Dev elopment Reappointment of Peter Sontra to Position 11 f or a six-y ear term ending December 31, 2018 Ev erett Historical Commission Appointment of Mark Soine to Position 4 f or the remainder of an unexpired term ending December 31, 2016 Ev erett Public Facilities District Board Appointment of Bob Bav asi to Position 3 f or a f our-y ear term ending December 31, 2016 Human Needs Adv isory Committee Reappointment of Christy Andre to Position 7 f or a six-y ear term ending December 31, 2018 Library Board Appointment of Rich White to Position 3 f or a f iv e-y ear term ending December 31, 2017 Planning Commission Reappointment of Scott Murphy to Position 6 f or a six-y ear term ending December 31, 2018 Reappointment of Loren Sand to Position 7 f or a six-y ear term ending December 31, 2018 Senior Center Adv isory Board Reappointment of Kathry n Gof orth to Position 8 f or a six-y ear term ending December 31, 2018 Appointment of Danette Dav ison to Position 9 f or a six-y ear term ending December 31, 2018 Transportation Adv isory Board Reappointment of Victor Harris to Position 9 f or a six-y ear term ending December 31, 2018 Tree Committee Reappointment of Nick Eckert to Position 7 f or a six-y ear term ending December 13, 2018. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. May or Stephanson announced new neighborhood liaison appointments f or 2013. The May or thanked Deb Williams, council administrator, and council members f or sponsoring a luncheon honoring Council Member Hatloe. He also expressed appreciation to Council Member Hatloe f or his 11 y ears of serv ice to the city. COUNCIL Council members wished residents happy holiday s. They also congratulated Council Member Hatloe on his retirement and expressed appreciation f or his exceptional contributions. Council Bader spoke about the recurring shutdown of Sounder serv ice, which creates challenges f or riders. He encouraged the city council to inquire of Ev erett residents how we could better serv e them and recommended engaging Sound Transit in f uture dialogue. Council Member Roberts agreed with the need f or dialogue on Sound Transit and said that he would report back af ter the next board meeting. He thanked May or Stephanson and city staf f f or inv iting public comment on the coal trains. Additionally, Council Member Roberts commented on the decision by the city of Mukilteo to appeal the FAA decision recommending commercial air serv ice. Council President Gipson announced the f ollowing three candidates selected f or Council Position No. 3: Pete Kinch, June Robinson, and Scott Murphy. He rev iewed the process, stating that interv iews will take place during the regular Ev erett City Council meeting on Thursday, December 27, 2012. Applicants will remain outside of the city council chambers and will be called in one at a time. Interv iews will be conducted as part of the regular meeting and no decision will be made at that time. On January 2, 2013, 6:30 p.m., all three candidates will return to the regularly scheduled meeting, and at that time, the city council will make a nomination, v ote, and the new member will be appointed. Council President Gipson reported that due to the v olume of items on the agenda, all brief ing items hav e been mov ed to the end of the meeting. At the conclusion of the public hearing, Council President Gipson requested the council to decide whether proposed ordinances relating to the Central Waterf ront would continue f or brief ing or be placed on the agenda f or action at the January 9, 2013, meeting. Additionally, he stated that there would be a f ull Riv erf ront brief ing at the January 9 meeting. In honor of Council Member Hatloe’s serv ice on the city council, Council President Gipson thanked him f or a job well done during the past 11 y ears and presented him with a plaque as a token of appreciation f or his dedication of serv ice to the citizens of Ev erett. Council Member Hatloe thanked the May or, council members, and city staf f . He said he has enjoy ed his y ears as a city council member and that is has been an honor to serv e the citizens of Ev erett. He also expressed appreciation to those who organized his f arewell luncheon today. CITY ATTORNEY City Attorney Iles had no comments. CITIZEN COMMENTS Anthony Vicari, Ev erett, commented on the lack of sidewalks in the Delta Neighborhood. As a business owner, he also expressed his opposition to parking requirements based on square f ootage of retail space f or businesses outside the downtown core. Debra Bry ant, CAA/CFO, said that she would put city staf f in contact with Mr. Vicari regarding sidewalks in the Delta Neighborhood. Gail Chism, Ev erett, expressed appreciation to the city ’s Public Works Department f or street sweeper serv ice in the Lowell Neighborhood. She commented on a Tribune article regarding planting of cannabis on Lowell agricultural land, announced that Lowell Neighborhood 150th anniv ersary calendars are now av ailable f or purchase, and thanked the Parks Department f or a Lowell Neighborhood donation receiv ed on behalf of the “Make a Dif f erence Day.” 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. 6569 acknowledging the pay ment of audited and approv ed claims against the City of Ev erett in the amount of $1,682,701.19 f or the period December 1, 2012, through December 7, 2012. RESOLUTION – PAY ROLL To adopt Resolution No. 6570 acknowledging the pay ment of audited and approv ed pay roll claims against the City of Ev erett in the amount of $3,444,615.47 f or the period ending December 1, 2012. Roll was called with all council members v oting y es. Motion carried. PUBLIC HEARING – COUNCIL BILL NO. 1211-58 President Gipson opened a public hearing regarding Council Bill No. 1211-58, a proposed ordinance declaring certain cannabis activ ities to be nuisances. Council President Gipson inv ited public comment. The f ollowing indiv iduals spoke in opposition to adoption of the proposed ordinance: John Nov ak, Ev erett; Jared Allaway, Federal Way ; Don Skakie, Renton; Ian Voje, Ev erett; Stev e Mohr, Oly mpia; Dean Summers, Ev erett; Melissa Hy som, Seattle; Jeremy Kelsey, Mukilteo; Michael MacNeill, Ev erett; Lawrence Allred, Ev erett; Justin McMahon, Edmonds; Michael Lockhart, Ev erett; and John Worthington, Renton Attorney Ry an Espegard, Seattle, representing Jeremy Kelsey and the medical marijuana patient’s network, spoke in opposition to the proposed ordinance. He suggested rev ising the def inition of collectiv e gardens to read “collectiv e garden as def ined by state law,” and to broaden the scope of the ordinance regarding regulation and zoning to def ine marijuana f acility as “any location where marijuana is grown, processed, or distributed.” Mov ed by Council Member Af f holter, seconded by Council Member Moore, to close the public hearing. Roll was called with all council members v oting y es. Motion carried. Dav id Hall, Deputy City Attorney, brief ed the city council on actions that had been taken to date and responded to questions. COUNCIL BILL NO. 1211-58 THIRD AND FINAL READING: AN ORDINANCE declaring certain cannabis activ ities to be nuisances Mov ed by Council Member Bader, seconded by Council Member Moore, that this is declared to be the third and f inal reading of Council Bill No. 1211-58. Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to amend the motion to add an 18-month sunset prov ision upon which time the ordinance will expire. Roll was called on the amendment with all council members v oting y es, except Council Members Af f holter and Moore who v oted no. Motion carried. The City Clerk was directed to call the roll f or the f inal disposition of the ordinance as amended. AY ES: Roberts, Moore, Hatloe, Gipson, Bader, Stonecipher, Af f holter NAY S: Gipson Ordinance No. 3309-12 adopted. PUBLIC HEARING – NAMING REQUESTS Council President Gipson opened a public hearing regarding consideration of the f ollowing naming request – The William E. Moore Historic City Hall (3002 Wetmore, Ev erett, WA) Council President Gipson inv ited public comment. Clair Oliv ers, Jim Langus, and Brad Cattle, all of Ev erett, spoke in f av or of naming the old City Hall, The William E. Moore Historic City Hall. Brad Cattle also read a letter of support f rom Reid Shockey, Ev erett. Gail Chism spoke in opposition of the naming request. Mov ed by Council Member Af f holter, seconded by Council Member Hatloe, to close the public hearing. Roll was called with all council members v oting y es. Motion carried. Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to designate the old city hall building, “The William E. Moore Historic City Hall.” Council Member Roberts asked if there were any concerns with the naming relativ e to the historic designation of the building. Dav e Koenig, Planning Department, stated that the Washington State Department of Archaeology and Historic Preserv ation had no concerns. President Gipson explained the rev iew process that resulted af ter the Historical Commission had returned the request without a recommendation. He also rev iewed options av ailable to the city council. Mov ed by Council Member Stonecipher, seconded by Council Member Roberts, to amend the motion to return the naming request to the Historical Commission f or an expedited rev iew and recommendation. Roll was called on the amendment with all council members v oting y es, except Council Members Moore, Hatloe, Gipson, Bader, and Af f holter who v oted no. Motion f ailed. City Attorney Iles stated that action by council requires a resolution and rev iewed options. City council directed staf f to prepare a resolution consistent with the v ote tonight. Roll was called with all council members v oting y es, except Council Members Stonecipher and Moore who abstained f rom the v ote. Motion carried. PUBLIC HEARING – NAMING REQUESTS Council President Gipson opened a public hearing regarding consideration of the f ollowing naming request - Drew Nielsen Neighborhood Park (13th & Colby, Ev erett, WA) Council President Gipson inv ited public comment. J. T. Dray, Gail Chism, and Brad Cattle, all of Ev erett, spoke in f av or of naming the park in commemoration of f ormer Council Member Drew Nielsen. Mov ed by Council Member Roberts, seconded by Council Member Bader, to close the public hearing. Roll was called with all council members v oting y es. Motion carried. Mov ed by Council Member Bader, seconded by Council Member Af f holter, to rename Northwest Park to Drew Nielsen Neighborhood Park. Mov ed by Council Member Roberts, seconded by Council Member Bader, to amend the motion to remand the request to the Historical Commission f or rev iew and to take action as per policy af ter one y ear has elapsed between the consideration f or naming and the time of death. Roll was called on the amendment with all council members v oting y es.  Motion carried. Roll was called on the motion as amended with all council members v oting y es, except Council Member Gipson who was excused. Motion carried. ACTION ITEMS: AGREEMENT AMENDED – CONSULTING SERVICES Mov ed by Council Member Roberts, seconded by Council Member Hatloe, to authorize the May or to sign Amendment No. 1 to the Prof essional Serv ices Agreement with Doug Lev y, doing business as Outcomes by Lev y, to prov ide consulting serv ices on legislativ e matters primarily at the state and regional lev els in the amount of $72,100. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. AGREEMENT AMENDED – CONSULTING SERVICES Mov ed by Council Member Af f holter, seconded by Council Member Roberts, to authorize the May or to sign Amendment No. 1 to the Prof essional Serv ices Agreement with McBee Strategic Consulting, LLC to prov ide consulting serv ices on legislativ e matters at the f ederal lev el in the amount of $120,000. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. RESOLUTION – NEIGHBORHOOD PROJECT FUNDS Mov ed by Council Member Roberts, seconded by Council Member Bader, to adopt Resolution No. 6571 f or the expenditure of Neighborhood Project f unds. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. RESOLUTION – ANIMAL SHELTER GIFT Mov ed by Council Member Hatloe, seconded by Council Member Roberts, to adopt Resolution No. 6572 declaring the City ’s intent to accept a gif t f rom the Animal Rescue Foundation donated to the Ev erett Animal Shelter f or medical expenses in the spay /neuter clinic in the amount of $20,000. Amy Ferguson, ARF of Ev erett, shared inf ormation about the ARF organization and the support work the organization does f or the Ev erett Animal Shelter. In addition to current and f uture donations, Ms. Ferguson also expressed ARF’s desire to purchase an x-ray machine f or the spay /neuter clinic. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. AGREEMENT – HARBORVIEW PARK ADDITION Mov ed by Council Member Af f holter, seconded by Council Member Bader, to authorize the May or to sign the Interlocal Cooperation Agreement with Snohomish County concerning acquisition of Harborv iew Park Addition with conserv ation f utures. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. AGREEMENT AMENDED – GEOTECHNICAL CONSULTATION SERVICES Mov ed by Council Member Hatloe, seconded by Council Member Roberts, to authorize the May or to sign Amendment No. 1 to the Agreement with GeoEngineers, Inc. to prov ide geotechnical consultation serv ices f or the Parks and Recreation Department in the amount not to exceed $45,000. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. AGREEMENT AMENDED – INTERGOVERNMENTAL COOPERATIVE Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to authorize the May or to sign Amendment No. 2 to the Intergov ernmental Cooperativ e Purchasing Agreement with the State of Washington in the amount of $2,500. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. AGREEMENT – SPECIAL OPERATIONS SERVICES Mov ed by Council Member Hatloe, seconded by Council Member Roberts, to authorize the May or to sign the Interlocal Agreement with the Snohomish County Special Operations Joint Policy Board f or f unding of resources f or Special Operations Serv ices in the amount of $12,386.65. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. BID AWARD – BRT SIGNAL PRIORITY IMPROVEMENTS Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to award the contract bid f or the SR99/Ev ergreen Way BRT Signal Priority Improv ements (Rucker and Pacif ic) Project to Sail Electric, Inc. in the amount of $1,086,302.00 including Washington State sales tax. Council Member Bader asked if only Swif t would be able to take adv antage of the improv ements or will the sy stem be av ailable to Ev erett Transit as well? Ry an Sass, Public Works, stated that initially it would be av ailable primarily to Swif t; howev er, the sy stem would be av ailable to Ev erett Transit in the f uture. Council Member Roberts expressed the importance of these improv ements. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. AGREEMENT AMENDED – CONSTRUCTION SUPPORT SERVICES Mov ed by Council Member Hatloe, seconded by Council Member Bader, to authorize the May or to sign Amendment No. 1 to the Prof essional Serv ices Agreement with Gray & Osborne, Inc. f or extending the completion date f or construction support serv ices at no additional cost. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. COUNCIL BRIEFING COUNCIL BILL NO. 1211-59 SECOND 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 COUNCIL BILL NO. 1211-60 SECOND 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 Nos. 3277-12 and 3260-12, as amended Presented by Allan Gif f en, Planning PUBLIC HEARING – COUNCIL BILL NOS. 1211-59 AND 1211-60 Vice President Moore opened a public hearing regarding Council Bill No. 1211-59 and Council Bill No. 1211-60. Allan Gif f en responded to questions that were raised during the December 5, 2012, city council brief ing regarding jobs in the clean technology sector, Nav y interest in the property, the Planning Commission’s decision making process, and the depths of the harbor adjacent to the K-C mill site and capacity of site f or f reight handling. John Mohr, Port of Ev erett, spoke about the depths of the harbor and the requirements and v iability of deep water shipping access and water-dependent activ ities. He also spoke regarding public access. City economic consultant Greg Easton of Property Counselors addressed questions f rom the council regarding the economic analy sis. The meeting adjourned f or a brief recess and reconv ened. The f ollowing indiv iduals prov ided testimony : Gail Chism, Ev erett; Bill Belshaw, Ev erett; Mike Lapointe, Ev erett; Clair Oliv ers, Ev erett Planning Commission; John Mohr, Port of Ev erett; Dav e Speers, Kidder Mathews, representing Kimberly -Clark; Gigi Burke, Ev erett; Howard Sharf stein, Kimberly -Clark; Stev e Holtgeerts, Hogland Transf er Co., Ev erett; Ken Hudson, International Longshore & Warehouse Union, Ev erett; Greg Tisdel, Ev erett; Keith Lander, Edmonds; and Victor Harris, Ev erett Vice President Moore announced that the public hearing regarding Council Bill No. 1211-59 and Council Bill 1211-60 will remain open and continue as an action item f or third and f inal reading on January 9, 2013. International Fire Code Update Presented by Rick Robinson, Fire Department Authorize the purchase of transit radio sy stem equipment and serv ices f rom Day Wireless using a Seattle contract in the amount of $208,967.09 including Washington State Sales Tax Presented by George Baxter, Transportation Serv ices The City Council meeting adjourned at 11:13 p.m. ___________________________ City Clerk Read and approv ed as printed. ____________________________ President