Everett City Council

W ednesday, March 06, 2013 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., March 6, 2013 in the City Council Chambers of the Ev erett City Hall, Council 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. May or Stephanson led the Pledge of Allegiance. The minutes of the February 27, 2013 Ev erett City Council meeting were approv ed as printed. Council Member Stonecipher abstained f rom the v ote. MAY OR The May or thanked Police Chief Atwood and Sherif f Lov ick f or testif y ing on the car prowl bill in Oly mpia. COUNCIL Council President Moore stated that there will be council brief ings on economic dev elopment and a proposed resolution establishing the name f or the public plaza located south of the Ev erett Perf orming Arts Center on Wetmore Av enue at next week’s city council meeting. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning a litigation matter pursuant to RCW 42.30.110(1)(i). The session is anticipated to last 20 minutes with no announcement to f ollow. CITIZEN COMMENTS No citizens wished to speak. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1302-08 FIRST READING: AN ORDINANCE relating to the National Electric Code, amending Part 7, Section 1, of Ordinance No. 3196-10 (EMC 16.05) Presented by Tony Lee, Building Department COUNCIL BILL NO. 1302-09 FIRST READING: AN ORDINANCE creating a special improv ement project entitled, “Ev ergreen Way and Pecks Driv e – Intersection Saf ety,” Fund 303, Program 099, to accumulate all costs f or the improv ement Presented by Dav e Dav is, Public Works COUNCIL BILL NO. 1302-10 FIRST READING: AN ORDINANCE creating a special improv ement project entitled, “Ev erett City wide Guardrail Improv ement Program,” Fund 303, Program 100, to accumulate all costs f or the improv ement Pulled f rom the agenda PROPOSED ACTION ITEMS COUNCIL BILL NO. 1302-04 FIRST READING: AN ORDINANCE creating a special improv ement project entitled, “Hawthorne Elementary Saf e Routes to School,” Fund 303, Program 097, to accumulate all costs f or the improv ement COUNCIL BILL NO. 1302-05 FIRST READING: AN ORDINANCE creating a special improv ement project entitled, “2013 Federal Ov erlay Project,” Fund 303, Program 098, to accumulate all costs f or the improv ement COUNCIL BILL NO. 1302-06 FIRST READING: AN ORDINANCE closing a special improv ement project entitled “Snohomish Riv erf ront Trail,” Fund 308, Program 031, as established by Ordinance No. 3237-11 COUNCIL BILL NO. 1302-07 FIRST READING: AN ORDINANCE closing a special improv ement project entitled “West Marine View Driv e Roadway Pedestrian/Bicy cle Corridor Improv ements,” Fund 308, Program 082, as established by Ordinance No. 3157-09 President Moore announced that brief ing item #3, the f irst reading of Council Bill No. 1302-10, has been pulled f rom the agenda. CONSENT ITEMS: Mov ed by Council Member Bader, seconded by Council Member Roberts, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6593 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $985,884.15 f or the period of February 16, 2013 through February 22, 2013. BID CALL – ANNUAL SUPPLY OF GRAVEL To authorize Bid Call 2013-008 f or an Annual Supply of Grav el to support maintenance projects throughout the city. ALLEY CLOSURE – ST PATRICK’S DAY BEER GARDEN To authorize the closure of the alley behind 2923 Colby f rom 9 a.m., March 17, 2013, through 9 a.m., March 18, 2013, f or a St. Patrick’s Day Beer Garden sponsored by the Irishman Pub. 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: PUBLIC HEARING – SILVER LAKE CENTER PROPERTY Council President Moore opened a public hearing regarding Ordinance No. 3314-13 establishing interim of f icial control on the Silv er Lake Center Property. He stated that this is a property in South Ev erett adjacent to Silv er Lake that has been, under the prev ious ownership, exceptionalized f or a broader perspectiv e in terms of exchanging density f or quality of construction, in relationship with the redev elopment of the Bothell-Ev erett Highway or SR 527, and some commitment to support city parks. Our economy has changed the outlook f or that particular project. At a point in time when it became clear that the owner was not going to proceed with the project and new ownership came into place, the city and the council unanimously adopted the interim regulations. President Moore questioned whether any of the council members has a conf lict of interest or any reason why he or she should not participate in this public hearing. There was no response. President Moore questioned whether any member of the public objects to participation in this hearing by any of the council members. There was no response. Allan Gif f en, Planning, explained that on February 6 the city council adopted the interim regulation f or the Silv er Lake property, which is approximately 7 acres. With the adoption of the interim regulation, it put standards in place on the property that allow f or dev elopment, but only if it is a mixed-use dev elopment in which 25% of the square f ootage is dev oted to commercial dev elopment and the rest can be dev oted to residential. It also established some quality dev elopment standards, and the purpose f or doing that was to set up a planning process that could run f or as much as a y ear to determine what the best uses and the best interest of the community would be f or the f uture dev elopment of the property. He stated that under State law, when an interim regulation is enacted by a city or a county, a public hearing must be held within 60 day s. The purpose of the public hearing is to take public testimony, to hear f rom the owners of the property, and to hav e the council members express their concerns and priorities. He remarked that the new owners, Tay lor Dev elopment, do not believ e that the prev ious project that was proposed is f inancially v iable in the market today. President Moore inv ited public comment. Patrick Mullanay, Foster Pepper Law Firm, Seattle, spoke on behalf of the property owners, Tay lor Dev elopment. Kev in O’Brien, Bellev ue, and Kev in Tay lor, Tay lor Dev elopment, expressed their concerns regarding adoption of the city ’s interim regulations. Monica Sulliv an, Ev erett; Allison Quinn, Ev erett; and Ben Zarlingo, Ev erett, spoke regarding their desire to maintain public access to the property and suggested that a new branch of the library might be a good f it. Annie Ly man, Ev erett, spoke regarding the need f or high-quality rentals in the area. 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 except Council Members Gipson and Af f holter who were excused. Motion carried. The council members each expressed their v isions and concerns f or the property. AGREEMENT – 2007 COMPREHENSIVE WATER PLAN UPDATE Mov ed by Council Member Murphy, seconded by Council Member Roberts, 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 $233,864.00. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. SETTLEMENT AGREEMENT Mov ed by Council Member Roberts, seconded by Council Member Bader, to authorize the May or to sign the Settlement Agreement with Tandem Serv ice Corporation, Inc. and Ace-Acme Septic Serv ice, Inc. 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 – WATER MAIN IMPROVEMENT “M” PROJECT Mov ed by Council Member Bader, seconded by Council Member Murphy, to authorize the May or to sign a prof essional serv ices agreement with GeoEngineers, Inc. to prov ide geotechnical engineering design serv ices f or the Water Main Improv ement “M” project in the amount of $26,443.00. Roll was called with all council members v oting y es except Council Members Gipson and Af f holter who were excused. Motion carried. EXECUTIVE SESSION The city council meeting recessed f or an executiv e session and adjourned f rom there at 8:10 p.m. ___________________________ Deputy City Clerk Read and approv ed as printed. ____________________________ Council President