Everett City Council

W ednesday, November 06, 2013 The regular meeting of the Everett City Council was called to order at 6:30 p.m., November 6, 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 Member Stonecipher was excused. Council Member Murphy led the Pledge of Allegiance. The minutes of the October 30, 2013 City Council meeting were approved as printed. MAYOR Mayor Stephanson expressed his thanks to the Boeing Company and the machinists for a terrific negotiating process related to the 777X. He commented on the special legislative session, which will begin tomorrow. COUNCIL Council Member Roberts congratulated Mayor Stephanson and Council Members Murphy and Moore for winning re-election. Council Member Murphy congratulated Council Member Roberts for his re-election to the city council. The council members reiterated Mayor Stephanson’s comments regarding The Boeing Company and machinists. CITY ATTORNEY The City Attorney had no comments. CANDIDATE SELECTION – INTERIM POSITION NO. 7 Council President Moore read the names of the candidates who will move forward for interview on November 13, 2013 at 3:00 p.m. and the council members who nominated them. He stated that, as there are only seven nominations, they will all be moved forward to the interviews. Position No. 1, Paul Roberts – Judy Tuohy and June Robinson Position No. 2, Jeff Moore – Richard Anderson and June Robinson Position No. 3, Scott Murphy – Richard Anderson and June Robinson Position No. 4, Ron Gipson – Art Thomson and Elly Smith Position No. 5, Scott Bader – Judy Tuohy and Elly Smith Position No. 6, Brenda Stonecipher – Megan Dunn and Kimberly Nielsen CITIZEN COMMENTS Angela Krisinger, Everett, spoke regarding the need to diversify the city council and appoint a woman to interim Position No. 7. Willie Russell, Everett, requested a list of the words that cannot be spoken in the city of Everett under EMC 10.48.010, Disorderly Conduct. City Attorney Iles stated that there is no list of words that are illegal to speak. Whether a statement constitutes disorderly conduct under EMC 10.48.010 depends on the context of what is said, to whom, and under what circumstances. If the context is such that the statement was intended to incite a breach of the peace or create a risk of assault, then the statement constitutes the crime of disorderly conduct. Jay Himmelman, Everett, gave a presentation regarding the Valley View landslide area. He requested that staff review the seven tort claims that have been filed with the city of Everett by residents of the Valley View neighborhood. City Attorney Iles stated that staff has been working with the Valley View residents for the last several years and will continue to review information provided by the homeowners to better understand their position. To date the information gathered does not point to fault by the city. Gail Chism, Everett, congratulated the Mayor and council members on their re-elections. She expressed concern that Richard Anderson and Judy Tuohy’s outside interests would create a conflict if chosen to fill Council Position No. 7. PROPOSED ACTION ITEMS COUNCIL BILL NO. 1310-41 SECOND READING: AN ORDINANCE closing a special improvement project entitled, “2011 Landslide Repair – Lowell Larimer Road,” Fund 303, Program 094, as established by Ordinance No. 3294-12 COUNCIL BILL NO. 1310-42 SECOND READING: AN ORDINANCE relating to Stalking and Stalking No-Contact Orders, adding new sections to the Everett Criminal Code (Ordinance No. 1145-85) and amending Ordinance Nos. 1974-93, 1234-86 and 1521-88 as provided in Section 12 herein CONSENT ITEMS: Moved by Council Member Gipson, seconded by Council Member Murphy, to approve the following consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6671 acknowledging the payment of audited and approved claims against the city of Everett in the amount of $3,984,948.41 for the period of October 19, 2013 through October 25, 2013. RESOLUTION – PAYROLL To adopt Resolution No. 6672 acknowledging the payment of audited and approved payroll claims against the city of Everett in the amount of $3,392,432.09 for the period ending October 19, 2013. RESOLUTION – ELECTRONIC TRANSFERS To adopt Resolution No. 6673 acknowledging the payment of audited and approved electronic transfer claims against the city of Everett in the amount of $5,201,971.46 for the period of September 1, 2013 through September 30, 2013. Roll was called with all council members voting yes except Council Member Stonecipher who was excused. Motion carried. ACTION ITEMS: COUNCIL BILL NO 1310-39 THIRD AND FINAL 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 Moved by Council Member Bader, seconded by Council Member Roberts, that this is declared to be the third and final reading of Council Bill No. 1310-39 and the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader NAYS: None EXCUSED: Stonecipher Ordinance No. 3351-13 adopted. COUNCIL BILL NO. 1310-40 THIRD AND FINAL READING: AN ORDINANCE closing a special improvement project entitled “Parks Conversion Planning,” Fund 354, Program 039, as established by Ordinance No. 3259-12 Moved by Council Member Murphy, seconded by Council Member Roberts, that this is declared to be the third and final reading of Council Bill No. 1310-40 and the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, NAYS: None EXCUSED: Stonecipher Ordinance No. 3352-13 adopted. AGREEMENT – SENATOR HENRY M. JACKSON PARK PHASE ONE MASTER PLAN IMPROVEMENTS Moved by Council Member Bader, seconded by Council Member Gipson, to authorize the Mayor to sign the professional services agreement with SvR Design Company for Senator Henry M. Jackson Park Phase One Master Plan Improvements in an amount not to exceed $320,500.00. Gail Chism, Everett, questioned why the sign at Senator Henry M. Jackson Park is different than the old concrete ones in Lowell. Roll was called with all council members voting yes except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – LEASE OF SPACE/WALL STREET BUILDING Moved by Council Member Bader, seconded by Council Member Gipson, to authorize the Mayor to execute the Lease Agreement with Senator Patty Murray for lease of space in the Wall Street Building. Roll was called with all council members voting yes except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – 2013-2015 MUNICIPAL STORMWATER CAPACITY GRANT Moved by Council Member Roberts, seconded by Council Member Bader, to authorize the Mayor to sign the Department of Ecology FY 2013-2015 Municipal Stormwater Capacity Grant agreement. Roll was called with all council members voting yes except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – OPERATION OF CLEARVIEW PUMP STATION Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign the agreement for Operation of Clearview Pump Station with the Alderwood Water and Wastewater District. Roll was called with all council members voting yes except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – BROADWAY BRIDGE REPLACEMENT Moved by Council Member Roberts, seconded by Council Member Bader, to authorize the Mayor to sign the Construction and Maintenance Overpass Agreement with the BNSF Railway Company for the Broadway Bridge Replacement project. Council Member Gipson questioned the ownership of the Broadway Bridge and who will be responsible for maintaining it in the future. Considerable discussion ensued. Roll was called with all council members voting yes except Council Member Gipson who voted no and Council Member Stonecipher who was excused. Motion carried. PUBLIC HEARING – 2014 BUDGET Council President Moore continued a public hearing regarding the 2014 Budget. Susy Haugen, Finance, gave a recap of the budget process to date, and presented a look at the general government revenue history and forecast, the expenditure history and forecast, the balancing list, and the five-year outlook. Council Member Roberts requested further information on the number of FTEs in each department and a list of the maintenance projects that have been deferred. Mayor Stephanson spoke regarding the formation of a working group of department directors, which will convene in the coming months to develop options and recommendations for bringing the budget back into a structural balance. Council Member Gipson questioned several items in the Transit budget. Tom Hingson, Transportation Services, responded. Council President Moore invited public comments. Gail Chism, Everett, spoke regarding the need for funding for a historical museum in Everett and old time street lights in downtown Lowell. Council President Moore continued the public hearing to the November 13, 2013 city council meeting. The city council meeting adjourned at 7:59 p.m. ___________________________ Deputy City Clerk Read and approved as printed. ____________________________ Council President