Everett City Council

W ednesday, May 29, 2013 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., May 29, 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 Stonecipher led the Pledge of Allegiance. The minutes of the May 22, 2013, Ev erett City Council meeting were approv ed as printed. Council Members Moore and Af f holter abstained f rom the v ote. MAY OR MAY OR’S Y OUTH ACHIEVEMENT AWARDS May or Stephanson welcomed those who were present f or the 2013 May or’s Youth Achiev ement Awards and introduced Kate Reardon, Public Inf ormation Director, to present the awards. This y ear’s recipients are Danielle Scanes, Rebecca Fox, Oliv ia Jackson, Emily Elizabeth Poletto, and Ray me Rogge. COUNCIL Council Member Stonecipher commented on contaminates being dispersed f rom recent demolition activ ity on the Kimberly -Clark site. City Attorney Iles prov ided clarif ication that the Washington State Department of Ecology is monitoring the site, that some debris that was spread ov er the site exceeds unrestricted limits, and that Ecology is going to require testing of the entire site. President Moore asked that a city council update be scheduled. President Moore announced that on June 12, 2013, the council will consider a resolution pertaining to taxi cab rates and that a Ev erett Police Department accreditation recognition has been scheduled f or June 29, 2013. CITY ATTORNEY The City Attorney had no comments. CITIZEN COMMENTS There were no citizen comments. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1305-19 FIRST READING: AN ORDINANCE creating a special improv ement project entitled “Garf ield Park Play ground,” Fund 354, Program 042, f or the replacement of certain Garf ield Park Play ground Equipment destroy ed by the May, 2013 f ire. Presented by Paul Kaf tanski, Ev erett Parks Department In order to expedite the process, City Council members agreed that the second, third and f inal reading of the proposed ordinance will be held on June 5, 2013. Ev erett Fire Department Annual Report Presented by Murray Gordon, Fire Department Susy Haugen, Finance Department Chief Murray agreed to prov ide council members a comparison of benchmarks f rom other agencies. Susy Haugen, Finance, presented inf ormation on Emergency Medical Serv ices Property Tax. Discussion took place regarding Emergency Medical Serv ices transport serv ice. Debra Bry ant, CAO/CFO, stated she would work with Fire Department administration to rev iew transport serv ices prov ided by the Ev erett Fire 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. 6620 acknowledging the pay ment of audited and approv ed claims against the City of Ev erett in the amount of $1,145,487.63 f or the period May 11, 2013, through May 17, 2013. Roll was called with all council members v oting y es. Motion carried. ACTION ITEMS: AGREEMENT AMENDED – RIVERFRONT DEVELOPMENT As recommended by city legal staf f , President Moore read into the record amended language f or the Riv erf ront dev elopment action item. Mov ed by Council Member Af f holter, seconded by Council Member Bader, to authorize the May or to execute the Sixth Amendment to the Property Disposition Agreement, in the f orm substantially prov ided to Council on May 28, 2013; the Assignment and Assumption Agreement, in the f orm substantially as prov ided to Council on May 28, 2013, but with the f orm of subordination agreement attached as Exhibit B rev ised as necessary f or approv al by the City Attorney ; the Sev enth Amendment to the Property Disposition Agreement, in the f orm substantially as prov ided to Council on May 28, 2013, but with the f orm of bond attached as Exhibit 1 rev ised as necessary f or approv al by the City Attorney ; and all other documents necessary to complete the assignment of the Riv erf ront to Poly gon, all in the f orm as approv ed by the City Attorney. Discussion ensued about the introduction of amended language on short notice, which did not allow city council members or the public an opportunity f or adv ance rev iew. City Attorney Iles stated that the amended language was a restatement of the language already embedded in the agenda cov er sheet and was amended f or clarif ication purposes only. Tim Benedict, Assistant City Attorney, also explained the reasons f or the proposed amendment to the action item language and presented inf ormation outlining the purpose and status of each of the assignment documents rev ised since the May 10, 2013, v ersion was presented at last week’s council brief ing. Assistant City Attorney Benedict stated that a question had been asked seeking clarif ication about the long-standing relationship between Jim Reinhardsen of Heartland, LLC, and Poly gon, and he summarized Heartland’s recent response to this question. Council Member Stonecipher stated she had posed the question and expressed her concern about the existence of a conf lict of interest. Discussion continued regarding the scope of Heartland’s work on the project and the Charter and city policies relating to conf licts of interest. President Moore stated that due to time constraints and the importance of the action, he would continue with the proposed motion as amended. Council Member Gipson asked f or an amendment to the motion to change the ref erence to “Exhibit B” in bullet number two to read “Exhibit C.” Mov ed by Council Member Bader, seconded by Council Member Af f holter (f riendly amendment). Citizen Victor Harris, Ev erett, commented on the importance of the Riv erf ront project f or the city of Ev erett and the Port Gardner neighborhood. Roll was called with all council members v oting y es on the motion as amended, except Council Member Stonecipher who v oted no. Motion carried. BID AWARD – SRO 7 OUTFALL REPLACEMENT LINE Mov ed by Council Member Murphy, seconded by Council Member Bader, to award contract f or the construction of the Snohomish Riv er Outf all (SRO 7) Replacement Line to Hoburg Enterprises in the amount of $100,749.35, which includes Washington State sales tax. Roll was called with all council members v oting y es. Motion carried. RESOLUTION – TRANSPORTATION INVESTMENT PACKAGE Mov ed by Council Member Roberts, seconded by Council Bader, to adopt Resolution No. 6621 in strong support of a 2013 Washington State Legislature transportation inv estment package. Roll was called with all council members v oting y es. Motion carried. AGREEMENT – TRAIL DEVELOPMENT TASKS Mov ed by Council Member Bader, seconded by Council Member Af f holter, to authorize the May or to sign the agreement with the Washington State Department of Ecology to prov ide a Washington Conserv ation Corps crew f or trail dev elopment tasks in an amount not to exceed $10,500. Roll was called with all council members v oting y es. Motion carried. BID AWARD – ROOF REPLACEMENTS AND REPAIRS Mov ed by Council Member Roberts, seconded by Council Member Af f holter, to waiv e minor irregularity and award the construction contract f or Parks Department roof replacements and repairs to Bates Roof ing, LLC, in the amount not to exceed $520,200.00, plus Washington State sales tax. Roll was called with all council members v oting y es. Motion carried. The city council meeting adjourned at 9:03 p.m. ________________________________ City Clerk Read and approv ed as printed. ________________________________ Council President