Everett City Council

W ednesday, March 20, 2013 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., March 20, 2013, in the City Council Chambers of the Ev erett City Hall, President Moore presiding. Upon roll call it was f ound that Council Members Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, and Af f holter were present. May or Stephanson was excused. Council Member Murphy led the Pledge of Allegiance. The minutes of the March 13, 2013, Ev erett City Council meeting were approv ed as printed. Council Members Roberts and Gipson abstained f rom the v ote. MAY OR May or Stephanson was excused. COUNCIL Council Member Roberts reported on f ederal legislativ e priorities that were discussed during his attendance at the National League of Cities conf erence last week. He also commented on a recent meeting with the U. S. Department of Transportation regarding the impacts of coal trains, and expressed condolences ov er the recent passing of f ormer Gov ernor Booth Gardner. Council Member Murphy commented on his attendance at the monthly Public Facilities District board meeting and prov ided a positiv e report. Council Member Moore thanked Council Members Gipson and Roberts f or their representation at the NLC conf erence last week. CITY ATTORNEY Deputy City Attorney Dav id Hall requested an executiv e session f ollowing the meeting concerning two potential litigation matters pursuant to RCW 42.30.110(1)(i). The session was anticipated to last no more than 15 minutes with no announcement to f ollow. CITIZEN COMMENTS Dav id Alan Grimm, Ev erett, spoke regarding the Rev ised Code of Washington. J. T. Dray, Ev erett, spoke regarding Ev erett Transit f are and schedule changes in 2012 and the process f or updating the Ev erett Transit Comprehensiv e Plan. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1303-11 FIRST READING: AN ORDINANCE amending Ordinance No. 1671-89 (EMC Title 19, Zoning), as amended, relating to Of f -Street Parking Areas and Landscaping Presented by Mary Cunningham, Planning Dept. COUNCIL BILL NO. 1303-12 FIRST READING: AN ORDINANCE amending Section 2 and Section 6 of Ordinance No. 2909-06, Critical Areas, (EMC 19.37) concerning pruning and remov al of non-hazardous trees in critical area buf f ers and amending Section 3B of Chapter 4 of Ordinance No. 2530-01, as amended (EMC 15.16.080) Presented by Allan Gif f en, Planning Department President Moore reminded citizens that a public hearing is scheduled f or both of the proposed ordinances on April 3, 2013. Authorize the May or to sign Amendment No. 2 to the prof essional serv ices agreement with Carollo Engineers f or design work related to the replacement of existing control sy stems at the Water Pollution Control f acility in the amount of $632,154.00 Presented by Dav e Dav is, Public Works Department Award the 2013 Biosolids Remov al project contract to the lowest responsiv e bidder, American Process Group, Inc. in the amount of $552,098.00 Presented by Dav e Dav is, Public Works Department CONSENT ITEMS: Mov ed by Council Member Gipson, seconded by Council Member Bader, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6596 acknowledging the pay ment of audited and approv ed claims against the City of Ev erett in the amount of $1,020,203.04 f or the period March 2, 2013, through March 8, 2013. STREET CLOSURE – MARCH FOR BABIES To authorize a rolling street closure f rom Legion Park, south on Alv erson to Grand, Grand to 19th Street, 19th to Hoy t and back to the park on April 27, 2013, 9 a.m. to 11 a.m., f or a March f or Babies/5K Fundraising Walk sponsored by the March of Dimes. Roll was called with all council members v oting y es. Motion carried. PUBLIC HEARING – RESOLUTION NAMING PUBLIC PLAZA President Moore opened a public hearing regarding the adoption of a proposed resolution establishing a name f or the public plaza located south of the Ev erett Perf orming Arts Center. He announced that city council members would be considering two names – the “Theatre Plaza” and the “Wetmore Theatre Plaza.” Council President Moore inv ited public comment. D. W. Meins, Ev erett, spoke about the 1916 conf rontation between local authorities and union members of the Industrial Workers of the World (Wobblies). Because this was a signif icant ev ent in the history of the city of Ev erett, Mr. Meins suggested the plaza be named “Wobblies Court” as a memorial to this ev ent. Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to close the public hearing. Roll was called with all council members v oting y es. Motion carried. President Moore asked that, in addition to the proposed name “Wobblies Court,” the name “Downtown Village Plaza,” which was suggested by citizen Gary Hatle, Ev erett, be entered into the record. Discussion took place regarding the proposed names. Council Member Roberts commented that the f acilities downtown are economic dev elopment driv ers and suggested the name “Wetmore Theatre Plaza” helps prov ide way f inding f or indiv iduals who come f rom out of town to participate in theater activ ities. Council Member Gipson asked that the two names proposed by the Ev erett Board of Park Commissioners and the Historical Commission be read into the record. President Moore read the proposed names “Wetmore Theatre Plaza” and “Theatre Plaza”. Mov ed by Council Member Roberts, seconded by Council Member Bader, to establish the name “Wetmore Theatre Plaza” f or the public plaza located south of the Ev erett Perf orming Arts Center on Wetmore Av enue. Council Member Stonecipher thanked Mr. Meins f or his suggestion and suggested “Wobblies Court” might be appropriate f or something closer to the waterf ront, possibly in conjunction with redev elopment. She stated she pref erred “Theatre Plaza” f or the sake of brev ity ; howev er, she could also support “Wetmore Theatre Plaza,” which would help with route f inding. Council Member Gipson questioned the process f or v etting the names suggested by citizens. President Moore stated that both names would be entered into the record and would not hav e to go through the process. Council President Moore commented on the name proposed by Mr. Meins and encouraged him to contact the Port of Ev erett as a meaningf ul location that could tell the historical story. Roll was called with all council members v oting y es. Motion carried. Mov ed by Council Member Af f holter, seconded by Council Member Roberts, to adopt Resolution No. 6597 establishing the name of “Wetmore Theatre Plaza” f or the public plaza located south of the Ev erett Perf orming Arts Center on Wetmore Av enue. Roll was called with all council members v oting y es. Resolution adopted. ACTION ITEMS: COUNCIL BILL NO. 1302-08 THIRD AND FINAL READING: AN ORDINANCE relating to the National Electric Code, amending Part 7, Section of Ordinance No. 3196-10 (EMC 16.05) Mov ed by Council Member Bader, seconded by Council Member Roberts, that this is declared to be the third and f inal reading of Council Bill No. 1302-08 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. 3320-13 adopted. COUNCIL BILL NO. 1302-09 THIRD AND FINAL 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 Mov ed by Council Member Bader, seconded by Council Member Roberts, that this is declared to be the third and f inal reading of Council Bill No. 1302-09 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. 3321-13 adopted. AGREEMENT – TORT SETTLEMENT/STAR PRODUCE Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to approv e the partial tort claim settlement to Corongo Corporation, doing business as Star Produce, in an amount not to exceed $215,000.00. Roll was called with all council members v oting y es. Motion carried. AGREEMENT LEASE/WALL STREET BUILDING Mov ed by Council Member Bader, seconded by Council Member Af f holter, to authorize the May or to execute a lease agreement with Senator Maria Cantwell to lease space in the Wall Street Building. Roll was called with all council members v oting y es. Motion carried. AGREEMENT AMENDED – FIRE ADMINISTRATION COMPLEX-  BUILDING IMPROVEMENT Mov ed by Council Member Bader, seconded by Council Member Gipson, to authorize the May or to sign Amendment No. 1 to the prof essional serv ices agreement with CNJA Architects f or the Fire Administration Complex-Building Improv ement project in the amount of $3,200.00. Roll was called with all council members v oting y es. Motion carried. AGREEMENT AMENDED – FIRE ADMINISTRATION COMPLEX - SEISMIC RETROFIT Mov ed by Council Member Gipson, seconded by Council Member Bader, to authorize the May or to sign Amendment No. 2 to the prof essional serv ices agreement with CNJA Architects f or the Fire Administration Complex – Seismic Retrof it project in the amount of $13,756.00. Roll was called with all council members v oting y es. Motion carried. AGREEMENT – URBAN FOREST RESTORATION TASKS Mov ed by Council Member Murphy, seconded by Council Member Roberts, to authorize the May or to sign the agreement with Washington State Department of Natural Resources to prov ide a Washington Conserv ation Corps crew f or urban f orest restoration tasks at no cost to the city. Roll was called with all council members v oting y es. Motion carried AGREEMENT – EDUCATIONAL TREE CARE BROCHURE Mov ed by Council Member Af f holter, seconded by Council Member Roberts, to authorize the May or to sign the agreement with the Washington State Department of Natural Resources f or the Community Forestry Assistance Grant to dev elop, produce, and distribute an educational tree care brochure f or businesses at no cost to the city. Roll was called with all council members v oting y es. Motion carried. EXECUTIVE SESSION The city council meeting recessed f or an executiv e session with no expected action and adjourned f rom there at 8:14 p.m. ___________________________ City Clerk Read and approv ed as printed. ____________________________ Council President