Everett City Council

W ednesday, February 06, 2013 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., February 6, 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, Bader, and Stonecipher were present. Council Members Gipson and Af f holter were excused. Council Member Roberts led the Pledge of Allegiance. The minutes of the January 30, 2013 City Council meeting were approv ed as printed. Council Member Roberts abstained f rom the v ote. MAY OR The May or had no comments COUNCIL Council President Moore adv ised that there will be an abbrev iated council meeting on February 13, 2013 to prov ide the opportunity f or ev ery one to attend the Nav y Band concert. He noted that there will be a brief ing on the Police Strategic Plan on February 20, 2013, and a Sound Transit Update on February 27, 2013. President Moore stated that action item #4 has been pulled f rom the agenda. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning two legal matters pursuant to RCW 42.30.110(1)(i)(c). The session is anticipated to last approximately 30 minutes with a possible action to f ollow. CITIZEN COMMENTS Alice Gao, Ev erett, spoke regarding the persecution of the Falun Gong practitioners under the communist gov ernment in China. Echo Liu, Ev erett, shared inf ormation about the Shen Yun Perf orming Arts Group. Gail Chism, Ev erett, distributed Lowell Anniv ersary calendars and pictures to sev eral of the council members and introduced a member of Lowell’s historic committee. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1301-02 FIRST READING: AN ORDINANCE relating to regulation of the Chaplain Tract and Watershed, repealing Ordinances in accordance with Section 30 of this ordinance Presented by Hil Kaman, Legal, and Julie Sklare, Utilities CONSENT ITEM: Mov ed by Council Member Stonecipher, seconded by Council Member Bader, to approv e the f ollowing consent item: RESOLUTION - CLAIMS To adopt Resolution No. 6586 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $2,303,003.77 f or the period of January 19, 2013 through January 25, 2013. BID CALL To authorize a call f or bids f or the Horizon Elementary School Walk Saf ety Improv ements project. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. ACTION ITEMS: AGREEMENT – 2007 COMPREHENSIVE WATER PLAN UPDATE This item, to authorize the May or to sign a prof essional serv ices agreement with HDR Engineering, Inc. to prov ide engineering serv ices f or the 2007 Comprehensiv e Water Plan Update in the amount of $247,998.00, was pulled f rom the agenda. AGREEMENT AMENDED – WATER POLLUTION CONTROL FACILITY Mov ed by Council Member Roberts, seconded by Council Member Murphy, to authorize the May or to sign Amendment No. 2 to the prof essional serv ices agreement with ICF Jones & Stokes f or the Water Pollution Control Facility with no additional costs. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter. Motion carried. AGREEMENT AMENDED – UPDATE FEDERAL DEBARMENT EXCLUSIONS Mov ed by Council Member Murphy, seconded by Council Member Bader, to authorize the May or to sign Amendment No. 1 to the interagency agreement with the state of Washington to amend the contract amount f rom $127,915.00 to $109,494.00 and update f ederal debarment exclusions. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. GRANT AWARDS – 2013 CULTURAL ARTS CAPITAL AND PROGRAMMING Mov ed by Council Member Stonecipher, seconded by Council Member Murphy, to concur with the recommendation of the Cultural Arts Commission and approv e the 2013 Cultural Arts Capital and Programming Grant Awards as designated in an amount not to exceed $40,000.00. Council Members Stonecipher and Roberts disclosed that they are, or hav e been, inv olv ed in sev eral of the organizations receiv ing awards. They did not f eel that it constituted a conf lict of interest. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT – SOFTBALL UMPIRE SERVICES Mov ed by Council Member Roberts, seconded by Council Member Bader, to authorize the May or to sign a prof essional serv ices agreement with the Washington State Sof tball Umpires Association f or sof tball umpire serv ices in an amount not to exceed $67,000.00. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT AMENDED – VEHICLE REPLACEMENT WARRANTY RECOVERY PROGRAM Mov ed by Council Member Murphy, seconded by Council Member Stonecipher, to authorize the May or to sign Amendment No. 1 to the prof essional serv ices agreement with MER Company f or the city ’s Vehicle Warranty Recov ery Program not to exceed $60,588.00. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT AMENDED – INTEGRATED TRANSIT TECHNOLOGY SY STEM Mov ed by Council Member Bader, seconded by Council Member Roberts, to authorize the May or to sign Amendment No. 3 to the Integrated Transit Technology Sy stem Agreement with Strategic Mapping, Inc. in the amount of $33,364.76. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. Council President Moore stated that the council will now go into executiv e session to discuss the two legal matters as earlier described, which is anticipated to last f or 30 minutes. Following the executiv e session, the council will return to the council chambers f or possible f urther action and adjournment. EXECUTIVE SESSION The City Council meeting recessed f or an executiv e session and reconv ened at 7:30 p.m. Council President Moore stated that the council will now reconv ene f or the purpose of considering the action to be introduced by staf f . Allan Gif f en, Planning, stated that the action bef ore council is a proposed ordinance establishing an interim of f icial control on property located just north of Silv er Lake along 19th Av enue SE. It is on property that comprises approximately 7 acres of land and 8 parcels that has been assembled by the prev ious owner who lost the property through f oreclosure. He had proposed a v ery high-quality plan f or the property, and the community inv ested considerable ef f ort in the approv al of that plan. The property has been sold and this interim action would establish some regulations that would be in ef f ect to require high-quality mixed-use dev elopment similar in character to that which had already been approv ed under a shoreline permit. President Moore stated that the council is being asked to consider the adoption of the f ollowing ordinance. This being an emergency ordinance, all three readings will occur at the same time. Theref ore, he asked that council make a motion declaring an emergency to exist and declaring this to be the 1st, 2nd, and 3rd reading of the proposed ordinance and that the ordinance be approv ed. COUNCIL BILL NO. 1302-03 FIRST, SECOND, THIRD AND FINAL READING: AN ORDINANCE establishing an Interim Of f icial Control on the Silv er Lake Center Property, in accordance with RCW 36.70A.390, to allow the city to conduct a re-use planning process, and declaring an emergency to exist Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, that this be declared an emergency, and the f irst, second, third and f inal readings of Council Bill No. 1302-03, and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Bader, Stonecipher NAY S: None EXCUSED: Gipson, Af f holter Ordinance No. 3314-13 adopted. City Attorney Iles adv ised that this is an emergency matter and that the ordinance will take ef f ect immediately upon the signing of the ordinance by the May or. The city council meeting adjourned at 7:41 p.m. ______________________________ Deputy City Clerk Read and approv ed as printed. ______________________________ Council President The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., February 6, 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, Bader, and Stonecipher were present. Council Members Gipson and Af f holter were excused. Council Member Roberts led the Pledge of Allegiance. The minutes of the January 30, 2013 City Council meeting were approv ed as printed. Council Member Roberts abstained f rom the v ote. MAY OR The May or had no comments COUNCIL Council President Moore adv ised that there will be an abbrev iated council meeting on February 13, 2013 to prov ide the opportunity f or ev ery one to attend the Nav y Band concert. He noted that there will be a brief ing on the Police Strategic Plan on February 20, 2013, and a Sound Transit Update on February 27, 2013. President Moore stated that action item #4 has been pulled f rom the agenda. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning two legal matters pursuant to RCW 42.30.110(1)(i)(c). The session is anticipated to last approximately 30 minutes with a possible action to f ollow. CITIZEN COMMENTS Alice Gao, Ev erett, spoke regarding the persecution of the Falun Gong practitioners under the communist gov ernment in China. Echo Liu, Ev erett, shared inf ormation about the Shen Yun Perf orming Arts Group. Gail Chism, Ev erett, distributed Lowell Anniv ersary calendars and pictures to sev eral of the council members and introduced a member of Lowell’s historic committee. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1301-02 FIRST READING: AN ORDINANCE relating to regulation of the Chaplain Tract and Watershed, repealing Ordinances in accordance with Section 30 of this ordinance Presented by Hil Kaman, Legal, and Julie Sklare, Utilities CONSENT ITEM: Mov ed by Council Member Stonecipher, seconded by Council Member Bader, to approv e the f ollowing consent item: RESOLUTION - CLAIMS To adopt Resolution No. 6586 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $2,303,003.77 f or the period of January 19, 2013 through January 25, 2013. BID CALL To authorize a call f or bids f or the Horizon Elementary School Walk Saf ety Improv ements project. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. ACTION ITEMS: AGREEMENT – 2007 COMPREHENSIVE WATER PLAN UPDATE This item, to authorize the May or to sign a prof essional serv ices agreement with HDR Engineering, Inc. to prov ide engineering serv ices f or the 2007 Comprehensiv e Water Plan Update in the amount of $247,998.00, was pulled f rom the agenda. AGREEMENT AMENDED – WATER POLLUTION CONTROL FACILITY Mov ed by Council Member Roberts, seconded by Council Member Murphy, to authorize the May or to sign Amendment No. 2 to the prof essional serv ices agreement with ICF Jones & Stokes f or the Water Pollution Control Facility with no additional costs. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter. Motion carried. AGREEMENT AMENDED – UPDATE FEDERAL DEBARMENT EXCLUSIONS Mov ed by Council Member Murphy, seconded by Council Member Bader, to authorize the May or to sign Amendment No. 1 to the interagency agreement with the state of Washington to amend the contract amount f rom $127,915.00 to $109,494.00 and update f ederal debarment exclusions. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. GRANT AWARDS – 2013 CULTURAL ARTS CAPITAL AND PROGRAMMING Mov ed by Council Member Stonecipher, seconded by Council Member Murphy, to concur with the recommendation of the Cultural Arts Commission and approv e the 2013 Cultural Arts Capital and Programming Grant Awards as designated in an amount not to exceed $40,000.00. Council Members Stonecipher and Roberts disclosed that they are, or hav e been, inv olv ed in sev eral of the organizations receiv ing awards. They did not f eel that it constituted a conf lict of interest. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT – SOFTBALL UMPIRE SERVICES Mov ed by Council Member Roberts, seconded by Council Member Bader, to authorize the May or to sign a prof essional serv ices agreement with the Washington State Sof tball Umpires Association f or sof tball umpire serv ices in an amount not to exceed $67,000.00. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT AMENDED – VEHICLE REPLACEMENT WARRANTY  RECOVERY PROGRAM Mov ed by Council Member Murphy, seconded by Council Member Stonecipher, to authorize the May or to sign Amendment No. 1 to the prof essional serv ices agreement with MER Company f or the city ’s Vehicle Warranty Recov ery Program not to exceed $60,588.00. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT AMENDED – INTEGRATED TRANSIT TECHNOLOGY SY STEM Mov ed by Council Member Bader, seconded by Council Member Roberts, to authorize the May or to sign Amendment No. 3 to the Integrated Transit Technology Sy stem Agreement with Strategic Mapping, Inc. in the amount of $33,364.76. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. Council President Moore stated that the council will now go into executiv e session to discuss the two legal matters as earlier described, which is anticipated to last f or 30 minutes. Following the executiv e session, the council will return to the council chambers f or possible f urther action and adjournment. EXECUTIVE SESSION The City Council meeting recessed f or an executiv e session and reconv ened at 7:30 p.m. Council President Moore stated that the council will now reconv ene f or the purpose of considering the action to be introduced by staf f . Allan Gif f en, Planning, stated that the action bef ore council is a proposed ordinance establishing an interim of f icial control on property located just north of Silv er Lake along 19th Av enue SE. It is on property that comprises approximately 7 acres of land and 8 parcels that has been assembled by the prev ious owner who lost the property through f oreclosure. He had proposed a v ery high-quality plan f or the property, and the community inv ested considerable ef f ort in the approv al of that plan. The property has been sold and this interim action would establish some regulations that would be in ef f ect to require high-quality mixed-use dev elopment similar in character to that which had already been approv ed under a shoreline permit. President Moore stated that the council is being asked to consider the adoption of the f ollowing ordinance. This being an emergency ordinance, all three readings will occur at the same time. Theref ore, he asked that council make a motion declaring an emergency to exist and declaring this to be the 1st, 2nd, and 3rd reading of the proposed ordinance and that the ordinance be approv ed. COUNCIL BILL NO. 1302-03 FIRST, SECOND, THIRD AND FINAL READING: AN ORDINANCE establishing an Interim Of f icial Control on the Silv er Lake Center Property, in accordance with RCW 36.70A.390, to allow the city to conduct a re-use planning process, and declaring an emergency to exist Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, that this be declared an emergency, and the f irst, second, third and f inal readings of Council Bill No. 1302-03, and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Bader, Stonecipher NAY S: None EXCUSED: Gipson, Af f holter Ordinance No. 3314-13 adopted. City Attorney Iles adv ised that this is an emergency matter and that the ordinance will take ef f ect immediately upon the signing of the ordinance by the May or. The city council meeting adjourned at 7:41 p.m. ______________________________ Deputy City Clerk Read and approv ed as printed. ______________________________ Council President The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., February 6, 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, Bader, and Stonecipher were present. Council Members Gipson and Af f holter were excused. Council Member Roberts led the Pledge of Allegiance. The minutes of the January 30, 2013 City Council meeting were approv ed as printed. Council Member Roberts abstained f rom the v ote. MAY OR The May or had no comments COUNCIL Council President Moore adv ised that there will be an abbrev iated council meeting on February 13, 2013 to prov ide the opportunity f or ev ery one to attend the Nav y Band concert. He noted that there will be a brief ing on the Police Strategic Plan on February 20, 2013, and a Sound Transit Update on February 27, 2013. President Moore stated that action item #4 has been pulled f rom the agenda. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning two legal matters pursuant to RCW 42.30.110(1)(i)(c). The session is anticipated to last approximately 30 minutes with a possible action to f ollow. CITIZEN COMMENTS Alice Gao, Ev erett, spoke regarding the persecution of the Falun Gong practitioners under the communist gov ernment in China. Echo Liu, Ev erett, shared inf ormation about the Shen Yun Perf orming Arts Group. Gail Chism, Ev erett, distributed Lowell Anniv ersary calendars and pictures to sev eral of the council members and introduced a member of Lowell’s historic committee. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1301-02 FIRST READING: AN ORDINANCE relating to regulation of the Chaplain Tract and Watershed, repealing Ordinances in accordance with Section 30 of this ordinance Presented by Hil Kaman, Legal, and Julie Sklare, Utilities CONSENT ITEM: Mov ed by Council Member Stonecipher, seconded by Council Member Bader, to approv e the f ollowing consent item: RESOLUTION - CLAIMS To adopt Resolution No. 6586 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $2,303,003.77 f or the period of January 19, 2013 through January 25, 2013. BID CALL To authorize a call f or bids f or the Horizon Elementary School Walk Saf ety Improv ements project. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. ACTION ITEMS: AGREEMENT – 2007 COMPREHENSIVE WATER PLAN UPDATE This item, to authorize the May or to sign a prof essional serv ices agreement with HDR Engineering, Inc. to prov ide engineering serv ices f or the 2007 Comprehensiv e Water Plan Update in the amount of $247,998.00, was pulled f rom the agenda. AGREEMENT AMENDED – WATER POLLUTION CONTROL FACILITY Mov ed by Council Member Roberts, seconded by Council Member Murphy, to authorize the May or to sign Amendment No. 2 to the prof essional serv ices agreement with ICF Jones & Stokes f or the Water Pollution Control Facility with no additional costs. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter. Motion carried. AGREEMENT AMENDED – UPDATE FEDERAL DEBARMENT EXCLUSIONS Mov ed by Council Member Murphy, seconded by Council Member Bader, to authorize the May or to sign Amendment No. 1 to the interagency agreement with the state of Washington to amend the contract amount f rom $127,915.00 to $109,494.00 and update f ederal debarment exclusions. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. GRANT AWARDS – 2013 CULTURAL ARTS CAPITAL AND PROGRAMMING Mov ed by Council Member Stonecipher, seconded by Council Member Murphy, to concur with the recommendation of the Cultural Arts Commission and approv e the 2013 Cultural Arts Capital and Programming Grant Awards as designated in an amount not to exceed $40,000.00. Council Members Stonecipher and Roberts disclosed that they are, or hav e been, inv olv ed in sev eral of the organizations receiv ing awards. They did not f eel that it constituted a conf lict of interest. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT – SOFTBALL UMPIRE SERVICES Mov ed by Council Member Roberts, seconded by Council Member Bader, to authorize the May or to sign a prof essional serv ices agreement with the Washington State Sof tball Umpires Association f or sof tball umpire serv ices in an amount not to exceed $67,000.00. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT AMENDED – VEHICLE REPLACEMENT WARRANTY  RECOVERY PROGRAM Mov ed by Council Member Murphy, seconded by Council Member Stonecipher, to authorize the May or to sign Amendment No. 1 to the prof essional serv ices agreement with MER Company f or the city ’s Vehicle Warranty Recov ery Program not to exceed $60,588.00. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. AGREEMENT AMENDED – INTEGRATED TRANSIT TECHNOLOGY SY STEM Mov ed by Council Member Bader, seconded by Council Member Roberts, to authorize the May or to sign Amendment No. 3 to the Integrated Transit Technology Sy stem Agreement with Strategic Mapping, Inc. in the amount of $33,364.76. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. Council President Moore stated that the council will now go into executiv e session to discuss the two legal matters as earlier described, which is anticipated to last f or 30 minutes. Following the executiv e session, the council will return to the council chambers f or possible f urther action and adjournment. EXECUTIVE SESSION The City Council meeting recessed f or an executiv e session and reconv ened at 7:30 p.m. Council President Moore stated that the council will now reconv ene f or the purpose of considering the action to be introduced by staf f . Allan Gif f en, Planning, stated that the action bef ore council is a proposed ordinance establishing an interim of f icial control on property located just north of Silv er Lake along 19th Av enue SE. It is on property that comprises approximately 7 acres of land and 8 parcels that has been assembled by the prev ious owner who lost the property through f oreclosure. He had proposed a v ery high-quality plan f or the property, and the community inv ested considerable ef f ort in the approv al of that plan. The property has been sold and this interim action would establish some regulations that would be in ef f ect to require high-quality mixed-use dev elopment similar in character to that which had already been approv ed under a shoreline permit. President Moore stated that the council is being asked to consider the adoption of the f ollowing ordinance. This being an emergency ordinance, all three readings will occur at the same time. Theref ore, he asked that council make a motion declaring an emergency to exist and declaring this to be the 1st, 2nd, and 3rd reading of the proposed ordinance and that the ordinance be approv ed. COUNCIL BILL NO. 1302-03 FIRST, SECOND, THIRD AND FINAL READING: AN ORDINANCE establishing an Interim Of f icial Control on the Silv er Lake Center Property, in accordance with RCW 36.70A.390, to allow the city to conduct a re-use planning process, and declaring an emergency to exist Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, that this be declared an emergency, and the f irst, second, third and f inal readings of Council Bill No. 1302-03, and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Bader, Stonecipher NAY S: None EXCUSED: Gipson, Af f holter Ordinance No. 3314-13 adopted. City Attorney Iles adv ised that this is an emergency matter and that the ordinance will take ef f ect immediately upon the signing of the ordinance by the May or. The city council meeting adjourned at 7:41 p.m. ______________________________ Deputy City Clerk Read and approv ed as printed. ______________________________ Council President