Everett City Council

W ednesday, December 18, 2013 The regular meeting of the Everett City Council was called to order at 6:30 p.m., December 18, 2013, in the City Council Chambers of the Everett City Hall, Council President Moore presiding. Upon roll call it was found that Council Members Roberts, Moore, Murphy, Bader, Stonecipher, and Anderson were present. Mayor Stephanson and Council Member Gipson were excused. Council Member Bader led the Pledge of Allegiance. The minutes of the December 11, 2013, City Council meeting were approved as printed. Council Member Moore abstained from the vote. MAYOR Mayor Stephanson was excused. CAO/CFO Debra Bryant introduced Rick Robinson, Everett Fire Department. Fire Marshal Robinson provided an update on the Everett apartment fire that occurred in the Hodges Building last Sunday, December 15, 2013. COUNCIL Council Member Roberts reported that he attended the swearing-in ceremony today for the City’s newest Municipal Court Judge, Laura VanSlyck. He also commented on his attendance at the Snohomish County Committee for Improved Transportation monthly meeting yesterday and distributed a SCCIT document that focuses on economic and job development in the community. Council Member Roberts requested the Council consider a resolution supporting this effort. Debra Bryant said that she would ask Pat McClain, government affairs, to draft a resolution. Council Member Murphy commented on his new assignment to the Snohomish Health District Board and provided a brief liaison report for the meeting he attended last week. He also stated he would be rolling off the Public Facilities District assignment and President Moore would be working to fill this position. Council Member Anderson reported on his attendance at a community briefing at the Everett School District last week. Council Member Stonecipher reported on her attendance at the Planning Commission briefing last evening. She commented on the need for televised Planning Commission meetings. Debra Bryant, Administration, said that she would work with staff to review the logistics involved for implementation. Council Member Bader reported on his attendance at the Library Board meeting last evening. President Moore thanked Council Member Murphy for his new role on Fire Pension Board. He also commented on his attendance at the December 12 th Annual Red Cross Real Heroes Breakfast. President Moore recognized award recipients Sgt. Jeraud Irving and Officer Andrew Schuck, Everett Police Department, who were honored at the event. CITY ATTORNEY City Attorney Iles requested an executive session pursuant to RCW 42.30.110(1)(i), which was anticipated to last 15 minutes with no announcement to follow. CITIZEN COMMENTS There were no citizen comments. COUNCIL BRIEFING AGENDA Capital Assets Presented by Susy Haugen, Finance 2014 State Legislative Priorities Agenda Presented by Pat McClain, Government Affairs Adopt Resolution concerning deployment of City of Everett CDE LLC New Markets Tax Credit. Presented by Tim Benedict, Legal; Bryan McDonald, Whidbey Island Bank Discussion ensued regarding the loan process under the New Markets Tax Credit Program. Council Member Murphy asked whether there is any credit risk to the City on the loans made by Whidbey Island Bank. Tim Benedict, Legal, replied that there is no risk to the City. PROPOSED ACTION ITEMS COUNCIL BILL NO. 1312-49 SECOND READING: AN ORDINANCE related to the International Residential Code, amending Section 1 of Part 2 of Ordinance No. 3196-10 (Chapter 16.01.010 EMC) COUNCIL BILL 1312-50 SECOND READING: AN ORDINANCE closing the Special Improvement Project entitled “Kasch Park Soccer Field #1 Replacement”, Fund 354, Program 040, as established by Ordinance No. 3264-12 CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Bader, to approve the following consent items:  RESOLUTION – CLAIMS To adopt Resolution No. 6683 acknowledging the payment of audited and approved claims against the City of Everett in the amount of $1,694,721.76 for the period of November 30, 2013, through December 6, 2013. RESOLUTION – PAYROLL To adopt Resolution No. 6684 acknowledging the payment of audited and approved payroll claims against the city of Everett in the amount of $3,388,449.76 for the period ending November 30, 2013. Roll was called with all council members voting yes, except Council Members and who were excused. Motion carried. PUBLIC HEARING – 10-YEAR GROWTH MANAGEMENT ACT (GMA) COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS UPDATE AUDIT AND PUBLIC INVOLVEMENT PLAN Council President Moore opened a public hearing regarding a proposed resolution to adopt the 10-year GMA Comprehensive Plan and Development Regulations Update Audit and Public Involvement Plan. Mary Cunningham, Planning, provided a brief overview of the proposed resolution. Council President Moore invited public comment. There were no citizens who wished to speak. Moved by Council Member Roberts, seconded by Council Member Anderson, to close the public hearing. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. RESOLUTION – 10-YEAR GROWTH MANAGEMENT ACT (GMA) COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS UPDATE AUDIT AND PUBLIC INVOLVEMENT PLAN Moved by Council Member Roberts, seconded by Council Member Bader, to adopt Resolution No. 6685 to adopt the 10-year Growth Management Act Comprehensive Plan and Development Regulations Update Audit and Public Involvement Plan. Roll was called with all council members voting yes, except Council Member Gipson who was excused.  Motion carried. PUBLIC HEARING – 60% ANNEXATION PETITION Council President Moore opened a public hearing regarding acceptance of a 60% annexation petition and approval of submittal of the annexation to the Snohomish County Boundary Review Board for an area located in southeast Everett along 19 th Avenue S. E. Bob Larsen, Planning, provided a brief overview of the proposed resolution. Council President Moore invited public comment. There were no citizens who wished to speak. Moved by Council Member Roberts, seconded by Council Member Bader, to close the public hearing. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. ANNEXATION – 60% ANNEXATION PETITION Moved by Council Member Bader, seconded by Council Member Roberts, to accept Resolution No. 6686 for a 60% annexation petition and approve submittal of the annexation to the Snohomish County Boundary Review Board for an area located in southeast Everett along 19 th Avenue S. E. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. ACTION ITEMS: RESOLUTION – WASHINGTON MULTI-CITY LICENSE AND TAX PORTAL AGENCY Moved by Council Member Anderson, seconded by Council Member Murphy, to adopt Resolution No. 6687 authorizing the Mayor to sign the Interlocal Agreement and Articles of Incorporation to establish the Washington Multi-City Business License and Tax Portal Agency. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT – INTERPRETER REIMBURSEMENT PROGRAM Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign the Interagency Agreement with the State of Washington, Administrative Office of the Courts, to continue the state funded interpreter reimbursement program. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT – SOFTWARE MAINTENANCE Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign the Veeder-Root Inform.Net Maintenance Agreement in the form substantially provided. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT – LEGISLATIVE CONSULTING SERVICES Moved by Council Member Roberts, seconded by Council Member Bader, to authorize the Mayor to sign a Professional Services Agreement with Outcomes by Levy, LLC to provide consulting services on legislative matters primarily at the state and regional levels in the amount of $73,057.00. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT – LEGISLATIVE CONSULTING SERVICES Moved by Council Member Roberts, seconded by Council Member Bader, to authorize the Mayor to sign a Professional Services Agreement with McBee Strategic Consulting, LLC to provide consulting services on legislative matters at the federal level in the amount of $120,000. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. RESOLUTION – PROHIBITED AREAS RELATED TO AREAS OF DRUG AND PROSTITUTION ACTIVITY Moved by Council Member Bader, seconded by Council Member Stonecipher, to adopt Resolution No. 6688 establishing Prohibited Areas related to areas of drug and prostitution activity. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT – TECHNICAL ASSISTANCE FOR EPA BROWNSFIELDS COMMUNITY-WIDE ASSESSMENT GRANT Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to execute a Professional Services Agreement with Stantec Consulting Services, Inc. for technical assistance to implement the US EPA Brownsfields Community-Wide Assessment Grant for Hazardous and Petroleum Substances. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT – URBAN FOREST RESTORATION TASKS Moved by Council Member Bader, seconded by Council Member Anderson, to authorize the Mayor to sign the Agreement with the Washington State Department of Natural Resources to provide a Washington Conservation Corps crew for urban forest restoration tasks at no cost to the city. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. COUNCIL BILL NO. 1312-48  THIRD AND FINAL READING: AN ORDINANCE relating to Parks adding seven new sections to Ordinance No. 3471 (the City Park Code), amending Ordinance Nos. 3471, 889-82, 1615-89, and 2442-00 and repealing a section of the City Park Code Moved by Council Member Anderson, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 1312-48 and the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Bader, Stonecipher, Anderson EXCUSED: Gipson NAYS: None Ordinance No. 3360-13 adopted. AGREEMENT AMENDED – RIVERFRONT DEVELOPMENT Moved by Council Member Murphy, seconded by Council Member Anderson, to authorize the Mayor to sign Amendment No. 2 to Professional Services Agreement with BHC Consultants, LLC to extend the Agreement completion date to December 31, 2015, at no additional cost to the city. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT AMENDED – RIVERFRONT DEVELOPMENT Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign Amendment No. 8 to Professional Services Agreement with Perteet, Inc. to extend the Agreement completion date to December 31, 2014, at no additional cost to the city. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT AMENDED – 41 ST STREET WEST MARINE VIEW DRIVE FREIGHT MOBILITY IMPROVEMENT Moved by Council Member Roberts, seconded by Council Member Bader, to authorize the Mayor to sign the Supplemental Agreement No. 1 to the Local Agency Standard Consultant Agreement with Perteet, Inc. for the 41 st Street to West Marine View Drive Freight Mobility Improvement at no additional cost to the city. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT – GEOTECHNICAL ENGINEERING SERVICES Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign a Professional Services Agreement with Krazan & Associates, Inc. to provide geotechnical engineering design services for Watermain Replacement “N” Project in the amount of $13,565.05. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT AMENDED – ENVIRONMENTAL CONSULTING SERVICES Moved by Council Member Roberts, seconded by Council Member Bader, to authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with Floyd and Snider for additional environmental consulting services for the Deep Water Outfall and ancillary facilities in the amount of $22,438.00. Roll was called with all council members voting yes, except Council Member Gipson who was excused. Motion carried. AGREEMENT – WATER POLLUTION CONTROL FACILITY SOLIDS HANDLING EVALUATION Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign the Professional Services Agreement with Brown and Caldwell Engineers for Water Pollution Control Facility Solids Handling Evaluation in the amount of $63,827.00. Discussion took place regarding the most cost-effective methods to handle solids at the Water Pollution Control Facility. Council Member Anderson inquired as to an estimate of cost savings. Richard Tarry, Public Works, stated he would research to find an answer to the question. Roll was called with all council members voting yes, except Council Member Gipson who was excused.  Motion carried. The City Council meeting adjourned to Executive Session at 7:52 p.m. ________________________________ City Clerk Read and approved as printed. ________________________________ Council President