Everett City Council

W ednesday, January 09, 2013 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., January 9, 2013 in the City Council Chambers of the Ev erett City Hall, President Moore presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, and Af f holter were present. Council Member Murphy led the Pledge of Allegiance. The minutes of the January 2, 2013 City Council meeting were approv ed as printed. Council President Moore announced that due to the expected length of the public hearing on the Central Waterf ront Redev elopment Plan, he is mov ing the normal agenda action items, 6 through 9, ahead of the public hearing. MAY OR May or Stephanson congratulated President Moore on his appointment and wished ev ery one a Happy New Year. COUNCIL Council President Moore stated that because Council Member Murphy was sworn in at the January 2, 2013 council meeting without f amily or proper accolade, he will be sworn in with more ceremony at the January 16, 2013 council meeting. CITY ATTORNEY City Attorney Iles had no comments. CITIZEN COMMENTS Henry Simon, Ev erett, thanked the city council f or their support of the Ev erett Police Department and the great work that they are doing. Aileen Langhans, Ev erett, thanked the city f or “v acation watch” which is prov ided through the Ev erett Police Department and administered by senior citizen v olunteers. Gail Chism, Ev erett, spoke regarding the great response Lowell has had to their 150th Anniv ersary Calendars and stated that they are still av ailable. Anne Ly man, Ev erett, expressed concern regarding the appearance of a conf lict of interest related to Council Member Af f holter’s dual positions as council member and Vice President of the Economic Alliance of Snohomish County, and his relationship to Troy McClellan, President of the Economic Alliance and Ev erett Port Commissioner. She suggested that it calls into question the possibility of undue inf luence on decisions made concerning the dev elopment of the Kimberly Clark property. She asked that Council Member Af f holter recuse himself f rom the v ote. City Attorney Iles stated that the actions bef ore council on agenda items 4 and 5 are legislativ e matters, not quasi-judicial matters, and as such, the council members’ activ ities as priv ate citizens will not disqualif y them f rom participating. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1301-01 FIRST READING: AN ORDINANCE authorizing the issuance of water and sewer rev enue ref unding bonds of the city in the principal amount of not to exceed $72,000,000 f or the purpose of ref unding certain outstanding rev enue bonds of the city Presented by Susy Haugen, Finance Riv erf ront Update Presented by Dav e Dav is, Public Works Gail Chism, Ev erett, spoke regarding the dev elopment of the Simpson site. CONSENT ITEM: Mov ed by Council Member Gipson, seconded by Council Member Af f holter, to approv e the f ollowing consent item: RESOLUTION - CLAIMS To adopt Resolution No. 6577 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $1,341,448.67 f or the period of December 22, 2012 through December 28, 2012. Roll was called with all council members v oting y es. Motion carried. ACTION ITEMS: RESOLUTION – 2035 GROWTH TARGETS Mov ed by Council Member Roberts, seconded by Council Member Gipson, to adopt Resolution No. 6578 establishing preliminary 2035 growth targets f or consideration in the 2015 update of the city ’s Growth Management Comprehensiv e Plan. Roll was called with all council members v oting y es. Motion carried. BID AWARD – RIVERFRONT DEVELOPMENT Mov ed by Council Member Af f holter, seconded by Council Member Bader, to award the bid f or the Riv erf ront Dev elopment – Railroad Corridor Trail and Enhanced Drainage Channel project to KLB Construction, Inc. in the amount of $1,073,097.60 including Washington State sales tax. Roll was called with all council members v oting y es. Motion carried. AGREEMENT AMENDED – SEWER SY STEM FLOW MONITORING 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 prof essional serv ices agreement with SFE Global f or Sewer Sy stem Flow Monitoring Serv ices in the amount of $376,228.00. Roll was called with all council members v oting y es. Motion carried. COUNCIL BILL NO. 1212-61 THIRD AND FINAL READING: AN ORDINANCE relating to marijuana, amending and repealing prov isions of the Criminal Code (EMC 10.02 and 10.35) in accordance with this ordinance and Section 17 thereof Mov ed by Council Member Bader, seconded by Council Member Gipson, that this is declared to be the third and f inal reading of Council Bill No. 1212-61 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Af f holter NAY S: None Ordinance No. 3310-13 adopted. PUBLIC HEARING – COUNCIL BILL NOS. 1211-59 and 1211-60 Council President Moore opened a public hearing regarding Council Bill No. 1211-59, a proposed ordinance adopting the Central Waterf ront Redev elopment Plan as a Subarea Plan of the Ev erett Growth Management Comprehensiv e Plan, and Council Bill No. 1211-60, a proposed 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. President Moore reminded ev ery one that this process began in February, 2012, when the city placed a moratorium on the dev elopment area. Since that time this matter has been brought bef ore city council six times including a public hearing on December 19, 2012. There hav e also been three Planning Commission workshops and two Planning Commission hearings. He thanked past President Gipson f or postponing this action to allow the council members more time to consider the f inal recommendation of the Planning Commission, and the members of the Planning Commission who spent countless hours rev iewing the inf ormation and hearing much of the testimony we are about to hear tonight. He explained the process that would be f ollowed at tonight’s hearing. Council Member Murphy stated that he was sworn in last week as a council member. Prior to his appointment he serv ed on the Ev erett Planning Commission during the time that the Central Waterf ront Redev elopment Plan came bef ore them. This matter is now bef ore the city council to make a decision based on a record that includes recommendations f rom the commission. He remarked that he consulted with the city attorney on whether he is able to participate in this matter and because this is a legislativ e decision, he is allowed to participate. Further, during the past week, he has rev iewed the entire record, and f eels that he is f ully prepared to participate this ev ening. Council President Moore stated that the council members had receiv ed letters f rom a teacher at Ev erett High School, Andrew Sudkamp, and sev eral of his students, to be entered into the public record. Allan Gif f en, Planning Department, thanked members of his staf f f or their countless hours on this project; Dav e Koenig, Mary Cunningham, and Jim Hansen, as well as staf f f rom the May or’s of f ice, Legal Department and Public Works. He gav e a slide presentation regarding the proposed ordinances and the Planning Commission’s recommendation. Council President Moore inv ited public comment. The f ollowing indiv iduals prov ided testimony : Gail Chism, Ev erett; Aileen Langhans, Ev erett; Eric Warren, Operation Manager f or Forest Marketing, Inc., Ev erett; Jason Redrup, Representativ e, District 751 of the Machinists Union, and Vice President, Snohomish County Labor Council, Edmonds; Howie Bargreen, Ev erett; Ken Hudson, Ev erett; Duane Pearson, Mukilteo; Amy Reed, Ev erett; Stev e Holtgeerts, Ev erett; Peter Newland, Quilcene; Dav e Speers, Kidder Matthews, Seattle; Howard Sharf stein, Kimberly Clark, Ev erett; Edward Rubatino, Ev erett; Gigi Burke, Ev erett; Captain Daniel Squires, Nav al Station Ev erett, Mukilteo; John Mohr, Executiv e Director, Port of Ev erett, Ev erett; Keith Lander, Ev erett; Jim Langus, Ev erett; Chris Lamm, Snohomish; Annie Ly man, Ev erett; and Jef f Lalone, Bay side Marine, Ev erett. Mov ed by Council Member Af f holter, seconded by Council Member Roberts, to close the public hearing. Roll was called with all council members v oting y es. Motion carried. The meeting recessed and reconv ened. COUNCIL BILL NO. 1211-59 THIRD AND FINAL READING: AN ORDINANCE adopting the Central Waterf ront Redev elopment Plan as a Subarea of the Ev erett Growth Management Comprehensiv e Plan, amending Ordinance No. 2021-94, as amended Mov ed by Council Member Gipson, seconded by Council Member Af f holter, that this is declared to be the third and f inal reading of Council Bill No. 1211-59. Council Members Gipson and Roberts spoke in support of the Planning Commission’s recommendation, Alternativ e 4. Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to amend the motion as f ollows: “to the maximum extent practicable, on site public access with connections to the downtown is required f or all uses within shoreline jurisdiction. Staf f shall expeditiously amend the city ’s Shoreline Master Program as necessary to implement this section.” Considerable discussion ensued. Council Member Murphy clarif ied f or the record that the morning af ter his appointment to the council last week, he resigned f rom the Planning Commission. Roll was called on the amendment with all council members v oting y es except Council Members Af f holter, Bader, Gipson, Murphy, and Moore who v oted no. Motion f ailed. Council Member Stonecipher spoke in support of Alternativ e 3. Mov ed by Council Member Stonecipher, seconded by Council Member Roberts to amend the motion to adopt in this plan the pref erred alternativ e 3 and ask staf f to bring back a plan to implement alternativ e 3 including all the regulations that would be required to do so. Roll was called on the amendment to the motion with all council members v oting y es except Council Members Af f holter, Bader, Gipson, Murphy, and Moore who v oted no. Motion f ailed. Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to amend the proposed subarea plan and zoning code regulations to list water bottling f acility as a prohibited use in the Central Waterf ront Redev elopment Plan. Roll was called with all council members v oting y es. Motion carried. Council Member Bader spoke in support of Alternativ e 4. May or Stephanson adv ised that he sent a letter to May or Linv ille in Bellingham on January 2, 2013 as the City and Port of Bellingham had prev iously gone through a similar process. He receiv ed a response on January 8, 2013 and asked that it be entered into the public record. The City Clerk was directed to call the roll f or the f inal disposition of the ordinance as amended. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Af f holter NAY S: Stonecipher Ordinance No. 3311-13 adopted. COUNCIL BILL NO. 1211-60 THIRD AND FINAL 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 Mov ed by Council Member Gipson, seconded by Council Member Af f holter, that this is declared to be the third and f inal reading of Council Bill No. 1211-60. Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to amend the proposed subarea plan and zoning code regulations to list water bottling f acility as a prohibited use in the Central Waterf ront Redev elopment Plan. Roll was called on the amendment with all council members v oting y es. 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, Murphy, Gipson, Bader, Af f holter NAY S: Stonecipher Ordinance No. 3312-13 adopted. The City Council meeting adjourned at 9:24 p.m. ______________________________ Deputy City Clerk Read and approv ed as printed. ______________________________ Council President