Everett City Council

W ednesday, October 23, 2013 The regular meeting of the Everett City Council was called to order at 12:30 p.m., October 23, 2013 in the City Council Chambers of the Everett City Hall, Council President Moore presiding. Upon roll call it was found that Mayor Stephanson and Council Members Moore, Roberts, Murphy, Gipson, and Bader were present. Council Members Stonecipher and Affholter were excused. Council Member Murphy led the Pledge of Allegiance. The minutes of the October 16, 2013 City Council meeting were approved as printed. Council Member Gipson abstained from the vote. MAYOR The Mayor had no comments COUNCIL Council Member Gipson asked that agenda item no. 4, a proposed ordinance creating a special improvement project entitled, “Senator Henry M. Jackson Park,” be moved to the briefing items. Council Member Roberts reported on his attendance at the Transportation Advisory Committee. He thanked city staff for successfully negotiating an agreement with BNSF related to the Broadway Bridge replacement. He remarked that there is a grant process underway with the Snohomish County PUD to replace street lights with LED bulbs which will save 30 to 50 percent in electricity. Council President Moore reminded the audience of the process that city council will use to fill Position No. 7 vacated by Shannon Affholter. CITY ATTORNEY The City Attorney had no comments. CITIZEN COMMENTS Megan Dunn, Everett, spoke regarding the city council’s lack of diversity and the need to improve recruitment of women in leadership. COUNCIL BRIEFING AGENDA Authorize the Mayor to sign Amendment No. 3 to Remedial Action Grant No. G0900083 for $500,000 with the Department of Ecology for Everett Landfill Presented by Dave Davis, Public Works COUNCIL BILL NO. 1310-38 SECOND READING:  AN ORDINANCE closing a special improvement project entitled, “East Marine View Drive – North Broadway to I-5,” Fund 303, Program 040, as established by Ordinance No. 2986-07 Presented by Dave Davis, Public Works Council Member Gipson commented that the funding for this project and several others have come from CIP4. He expressed concern that there won’t be funds available for the South Branch Library expansion. Debra Bryant, CAA and CFO, stated that she would provide a status report on CIP4. PROPOSED ACTION ITEMS COUNCIL BILL NO. 1310-36 SECOND READING: AN ORDINANCE closing a special improvement project entitled, “Senator Henry M. Jackson Park Renovations,” Fund 354, Program 030, as established by Ordinance No. 3255-12 COUNCIL BILL NO. 1310-37 SECOND READING: AN ORDINANCE creating a special improvement project entitled, “Senator Henry M. Jackson Park – Phase One Master Plan Improvements,” Fund 354, Program 043, to accumulate all costs for the improvement project COUNCIL BILL NO. 1310-39 FIRST READING: AN ORDINANCE closing a special improvement project entitled, “Walter E. Hall Park Playground,” Fund 354, Program 037, as established by Ordinance No. 3052-08 COUNCIL BILL NO. 1310-40 FIRST READING: AN ORDINANCE closing a special improvement project entitled “Parks Conversion Planning,” Fund 354, Program 039, as established by Ordinance No. 3259-12 CONSENT ITEMS: Moved by Council Member Bader, seconded by Council Member Murphy, to approve the following consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6666 acknowledging the payment of audited and approved claims against the city of Everett in the amount of $1,948,336.45 for the period of October 5, 2013 through October 11, 2013. RESOLUTION – PAYROLL To adopt Resolution No. 6667 acknowledging the payment of audited and approved payroll claims against the city of Everett in the amount of $3,418,696.24 for the period ending October 5, 2013. JOB COMPLETE – LOWELL-LARIMER LANDSLIDE REPAIR To accept the Lowell-Larimer Landslide Repair 2011 project as complete and authorize the Mayor to sign the certificate of completion with Granite Construction allowing the release of retainage in the amount of $18,581.21. JOB COMPLETE – KASCH PARK ATHLETIC FIELD NO. 1 REPLACEMENT To accept Kasch Park Athletic Field No. 1 Replacement project as complete with Premier Field Development of Snohomish and authorize the Mayor to release retainage in the amount of $39,839.00. STREET CLOSURE – FOOD DRIVE KICK OFF To authorize the closure of Colby, 24 th to 25th Street, on October 31, 2013, 4 p.m. to 6 p.m., for a Food Drive Kick Off sponsored by Everett High School Leadership. Roll was called with all council members voting yes except Council Members Stonecipher and Affholter who were excused. Motion carried. PUBLIC HEARING – COUNCIL BILL NO. 1307-26 Council President Moore opened a public hearing regarding Council Bill No. 1307-26, a proposed ordinance establishing interim zoning regulations related to recreational marijuana businesses. Colin Olivers, Legal, stated that a memo was provided to the council members on October 16, 2013 in response to concerns expressed at the October 9, 2013 city council meeting regarding the production of recreational marijuana in the city. The memo provided the city council with three options for amending the interim regulations; (1) to prohibit production and processing of recreational marijuana in the city, (2) to prohibit tier 3 production, or (3) to prohibit both tier 2 and tier 3 production. He stated that in conjunction with the police department and the planning department, staff recommends that if the city council wishes to amend the interim regulations, they chose option 3. President Moore invited public comment. Luke Duncan, Chimacum, questioned the proposed elimination of tier 2 and tier 3 and whether it would apply to the whole city. Colin Olivers stated that it would apply throughout the city. Moved by Council Member Roberts, seconded by Council Member Murphy, to close the public hearing. Roll was called with all council members voting yes except Council Members Stonecipher and Affholter who were excused. Motion carried. COUNCIL BILL NO 1307-26 THIRD AND FINAL READING: AN ORDINANCE establishing interim zoning regulations related to recreational marijuana businesses Moved by Council Member Roberts, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 1307-26 and the City Clerk is directed to call the roll for the final disposition of the ordinance with the inclusion of option 3, prohibiting both tier 2 and tier 3 production. AYES: Roberts, Moore, Murphy, Gipson, Bader NAYS: None EXCUSED: Stonecipher, Affholter Ordinance No. 3347-13 adopted. ACTION ITEMS: AGREEMENT AMENDED – OPTION AGREEMENT/CONSTRUCTION COVENANT Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign First Amendment to Option Agreement and First Amendment to Project Construction Covenant with Touchstone. Council Member Murphy stated that he expressed concerns at last week’s city council meeting regarding Touchstone’s ability to obtain financing. This week the council members were provided with a copy of a letter from Marriott indicating their on-going commitment to the project. Therefore, having that confirmation, he stated that he is supportive of the extension moving forward. Roll was called with all council members voting yes except Council Member Gipson who voted no and Council Members Stonecipher and Affholter who were excused. Motion carried. COMPACT – GROWING TRANSIT COMMUNITIES PROGRAM Moved by Council Member Roberts, seconded by Council Member Bader, to authorize the Mayor to sign the Regional Compact related to the Puget Sound Regional Council “Growing Transit Communities Program.” Roll was called with all council members voting yes except Council Members Stonecipher and Affholter who were excused. Motion carried. AGREEMENT AMENDED – EAST EVERETT PEDESTRIAN WALKWAY Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign Change Order No. 1 with SRV Construction for the East Everett Pedestrian Walkway project for a net increase of $158,200.00 to the total contract price. Roll was called with all council members voting yes except Council Members Stonecipher and Affholter who were excused. Motion carried. AGREEMENT AMENDED – RESIDENTIAL SEWER/DRAINAGE INSPECTIONS Moved by Council Member Bader, seconded by Council Member Gipson, to authorize the Mayor to sign Amendment No. 1 to the professional services agreement with Steve’s Plumbing for additional residential sewer and drainage inspections in an amount not to exceed $90,000.00. Roll was called with all council members voting yes except Council Members Stonecipher and Affholter who were excused. Motion carried. The city council meeting adjourned at 1:15 p.m. ___________________________ Deputy City Clerk Read and approved as printed. ____________________________ Council Member