Everett City Council

W ednesday, April 09, 2014 The regular meeting of the Everett City Council was called to order at 6:30 p.m., April 9, 2014 in the City Council Chambers of the Everett City Hall, President Moore presiding. Upon roll call it was found that Mayor Stephanson and Council Members Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, and Anderson were present. Council Member Bader led the Pledge of Allegiance. The minutes of the April 2, 2014 City Council meeting were approved as printed. Council Member Moore abstained from the vote. MAYOR Mayor Stephanson stated that today is Arbor Day and that he attended a planting at Forest Park by a group of 105 students from View Ridge Elementary School. He commented that three employee meetings were held this week related to the Structural Deficit Advisory Team. He stated that they were well attended and employees made good suggestions and asked great questions. COUNCIL Council Member Roberts reported that he attended one of the SDAT employee meetings. He provided the council members with a copy of some work he had done with BERK Consulting a few years ago. He stated that it is relevant to the city’s budget work and can be used as a basis for discussion. Council Member Stonecipher reported on her attendance at the Board of Parks’ Commissioners’ meeting. The agenda included an update on the ecology cleanup at Legion Memorial Golf Course, the Senator M. Jackson Park design, and the annual golf update. She stated that the Park Board will be discussing the Integrated Pest Management Plan at their May meeting and will be approving it at their June meeting. Council Member Bader remarked that he appreciates the comments and suggestions that he has been receiving from citizens related to SDAT and hopes to get more. Council President Moore stated that he visited the Emergency Management Center and complimented Dave DeHaan, Mary Schoenfeld, and city staff on the efficiency and accuracy of their organization. He related that he will be providing new council seating assignments next week. CITY ATTORNEY The City Attorney had no comments. CITIZEN COMMENTS Michael Wright, Everett, expressed concern regarding a city of Everett code enforcement officer who has been on the property of the Silver Lake Child Care Center three times without first notifying the owner. Willie Russell, Everett, spoke regarding criminal acts by the Prosecutor’s office and requested the suspension of Leslie Tidball, Mike Fisher, and Hil Kaman. City Attorney Iles remarked that Mr. Russell was convicted of violating EMC 10.48.010(1), disorderly conduct, for using abusive or obscene language, and thereby, intentionally creating a risk of assault. Mr. Russell was not convicted for simply using any particular word, rather it is the context in which the word was used. Mr. Russell intentionally created a confrontational situation by verbally taunting a fellow tenant. He was prosecuted and convicted by a jury for using abusive and obscene language together with the action to taunt and provoke. Mr. Russell’s abusive words and behavior included physically confronting the fellow tenant whose son had been recently murdered by a gun shot and saying bang, bang, you know how quick it can happen, while mimicking a gun with his fingers. It was the sum of his actions creating an unnecessary confrontation using obscene language, invoking the tenant’s dead son, and following the tenant up a flight of stairs that created the risk of assault. Had Mr. Russell simply called the other tenant a bitch, there would not have been any criminal charges filed. Further, the other issues that Mr. Russell references have been reviewed and staff’s actions have been found to be appropriate and in compliance with the law. Council Member Stonecipher added that the City Council is the legislative branch of government, and that they have no authority to act on Mr. Russell’s allegations. COUNCIL BRIEFING AGENDA: Structural Deficit Advisory Team Briefing Presented by Paul Kaftanski, Parks Council Member Gipson suggested that President Moore give some consideration to convening the Budget and Finance Committee to meet on some of the ideas that council members have presented. Council President Moore stated that they would attempt to find a way of coordinating that with the city’s work. Council Member Stonecipher questioned the decision framework or set of criteria that was used to evaluate the number of ideas that were brought to the SDAT committee. Renee Peare, Everett, commented on the need to continue low cost programs to enhance the lives of those families that have little expendable income. Sue Sievers, Everett, stated that the city needs amenities such as the Forest Park Swim Center and the park to attract families to Everett. COUNCIL BILL NO. 1404-16  FIRST READING: AN ORDINANCE amending Ordinance No. 1671-89 (EMC Title 19), as amended, with the addition of a section entitled, “Unit Lot Subdivisions,” and amending other related section of the Zoning Code Presented by Allan Giffen, Planning COUNCIL BILL NO. 1404-17 FIRST READING: AN ORDINANCE amending Ordinance No. 2328-98 (EMC Title 18, Land Division), as amended, concerning “Unit Lot Subdivisions” Presented by Allan Giffen, Planning COUNCIL BILL NO. 1404-18 FIRST READING: AN ORDINANCE amending Chapter 15.16 of EMC Title 15 (Local Project Review Procedures), as amended, concerning Unit Lot Subdivisions Presented by Allan Giffen, Planning COUNCIL BILL NO. 1404-19 FIRST READING: AN ORDINANCE authorizing a Pilot Project for Micro-Housing for Trinity Lutheran College Students at the southwest corner of Oakes and California with off-street, off-site parking at the Trinity Lutheran College Garage at the southeast corner of Wetmore and California, amending Section 34 of Ordinance No. 1671-89 and Section 7 of Ordinance No. 2347-98, as amended Presented by Allan Giffen, Planning PROPOSED ACTION AGENDA: COUNCIL BILL NO. 1403-15 SECOND READING: AN ORDINANCE closing a special improvement project entitled, “112 th Street S.E., 3 rd Avenue S.E. to I-5,” Fund 303, Program 060, as established by Ordinance No. 3035-07 CONSENT ITEMS: Moved by Council Member Gipson, seconded by Council Member Murphy, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 6721 acknowledging the payment of audited and approved claims against the city of Everett in the amount of $1,171,873.36 for the period of March 22, 2014 through March 28, 2014. RESOLUTION – PAYROLL To adopt Resolution No. 6722 acknowledging the payment of audited and approved payroll claims against the city of Everett in the amount of $3,382,976.05 for the period ending March 8, 2014. RESOLUTION – ELECTRONIC TRANSFER To adopt Resolution No. 6723 acknowledging the payment of audited and approved payroll claims against the city of Everett in the amount of $5,629,184.77 for the period of February 1, 2014 through February 28, 2014. Roll was called with all council members voting yes. Motion carried. ACTION ITEMS: COUNCIL BILL NO. 1403-13 THIRD AND FINAL READING: AN ORDINANCE approving the appropriations of the 2014 revised City of Everett budget and amending Ordinance No. 3358-13 Moved by Council Member Bader, seconded by Council Member Anderson, that this is declared to be the third and final reading of Council Bill No. 1403-13 and the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Anderson NAYS: None Ordinance No. 3375-14 adopted. AGREEMENT – PURCHASE K-9 OFFICER COOPER Moved by Council Member Roberts, seconded by Council Member Gipson, to authorize the Mayor to sign the agreement with James Coma to purchase K-9 Officer Cooper in the amount of $10.00. Roll was called with all council members voting yes. Motion carried. LEASE AMENDED – UNITED STATES FOREST SERVICE Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to execute Amendment No. 3 to the Lease Agreement with the United States Forest Service for additional space at the Wall Street Building. Roll was called with all council members voting yes. Motion carried. AGREEMENT AMENDED – INTEGRATION OF PASSENGER COUNT INFORMATION Moved by Council Member Anderson, seconded by Council Member Murphy, to authorize the Mayor to sign Amendment No. 4 to the Integrated Transit Technology System Agreement with Strategic Mapping, Inc. for integration of passenger count information in the amount of $9,180.00 and is exempt from Washington State sales tax. Roll was called with all council members voting yes. Motion carried. The city council meeting adjourned from there at 9:15 p.m. ________________________________ Deputy City Clerk Read and approved as printed. ________________________________ Council President