Everett City Council

W ednesday, April 23, 2014 The regular meeting of the Ev erett City Council was called to order at 12:30 p.m., April 23, 2014 in the City Council Chambers of the Ev erett City Hall, Council Vice President Bader presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Murphy, Gipson, Bader, and Anderson were present. Council Members Moore and Stonecipher were excused. Jordan Mielbrecht, Scout Troop 91, led the Pledge of Allegiance. The minutes of the April 16, 2014 City Council meeting were approv ed as printed. MAY OR May or Stephanson shared that he appreciated the v isit f rom President Obama. He stated that he had the opportunity to let the president know that the city of Ev erett has been a part of the Oso recov ery ef f ort. He stated that to date Transit, Communications and the Animal Shelter hav e logged 3000 hours of paid staf f time and city employ ees hav e logged another 3000 hours of v olunteer time. He commented that the Animal Shelter has been prov iding decontamination, IVs and other health care f or the rescue animals, and connecting with the f amilies of pets who hav e perished. He stated that the city of Ev erett will continue to prov ide support as long as it is needed. COUNCIL Council Member Murphy gav e an update on his work as chair of the Budget and Finance Committee with respect to council member’s ideas and suggestions related to the Structural Def icit Adv isory Team. Council Member Roberts reported on his attendance at a meeting of the Snohomish County Committee f or Improv ed Transportation. CITY ATTORNEY Deputy City Attorney Hall requested an executiv e session f ollowing the meeting concerning the legal risks of a proposed action pursuant to RCW 42.30.110(1)(i). The session is anticipated to last 10 minutes with no announcement to f ollow. CITIZEN COMMENTS No citizens wished to speak. COUNCIL BRIEFING AGENDA: Ev erett Fire Annual Report and Strategic Plan Presented by Chief Murray Gordon, Fire Captain Dav e DeMarco, Fire Serv ice Center Redev elopment Project Presented by Dav e Dav is, Public Works CONSENT ITEMS: Mov ed by Council Member Gipson, seconded by Council Member Murphy, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6725 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $1,919,639.78 f or the period of April 5, 2014 through April 11, 2014. RESOLUTION – PAY ROLL To adopt Resolution No. 6726 acknowledging the pay ment of audited and approv ed pay roll claims against the city of Ev erett in the amount of $3,505,387.36 f or the period ending April 5, 2014. REQUEST FOR QUALIFICATIONS – SURVEY ING ROSTER To authorize a Request f or Qualif ications (RFQ) to establish a surv ey ing roster. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. PUBLIC HEARING: Council Vice President Bader opened a public hearing regarding Council Bill No. 1404-16, a proposed ordinance amending Ordinance No. 1671-89, with the addition of a section entitled, Unit Lot Subdiv isions; Council Bill No. 1404-17, a proposed ordinance amending Ordinance No. 2328-98, Unit Lot Subdiv isions; and Council Bill No. 1404-18, a proposed ordinance amending Chapter 15.16 of EMC Title 15, concerning Unit Lot Subdiv isions. Allan Gif f en, Planning, gav e a brief ov erv iew of Council Bill No. 1404-16. He distributed a proposed rev ision in response to Council Member Roberts concerns regarding whether the city was at risk in taking ov er any priv ate inf rastructure on the condominium or on subdiv ision sites f rom existing dev elopments. The language would add a sentence to Section 15A.100 B that would prov ide f or the city ’s ability to recoup costs in the ev ent it was necessary to do any maintenance required of either inf rastructure or common f acilities within one of these subdiv isions. Council Member Murphy questioned whether the proposed language would prov ide f or the city to f ile a lien against ev ery single piece of property in the dev elopment. Allan Gif f en stated that the lien would most likely be f iled against the homeowner association. May or Stephanson questioned whether a lien on the common area would preclude indiv idual property owners f rom selling their properties during that time. Ly nn Eschelon, Pacif ic Ridge Homes, stated that in an association, all of the owners own the common areas, theref ore any thing that clouds the common areas would cloud the title of each owner. The assessment would need to be disclosed in the ev ent of a sale. Vice President Bader inv ited public comment. Mike Applebee, Chicago Title, spoke regarding the lien process associated with a homeowner association and the f inancial benef its of unit lot subdiv isions to home ownership. Darren Husby, Seattle Pacif ic Homes, spoke regarding the dif f iculty of obtaining f inancing and insurance f or the purchase of a condo. Mov ed by Council Member Gipson, seconded by Council Member Roberts, to close the public hearing on Council Bill No. 1404-16. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. COUNCIL BILL NO. 1404-16 THIRD AND FINAL READING: AN ORDINANCE amending Ordinance No. 1671-89 (EMC Title 19), as amended, with the addition of a section entitled, “Unit Lot Subdiv isions” and amending other related sections of the Zoning Code Mov ed by Council Member Roberts, seconded by Council Member Murphy, that this is declared to be the third and f inal reading of Council Bill No. 1404-16 with the inclusion of additional language prov ided by legal counsel. The City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Murphy, Gipson, Bader, Anderson NAY S: None EXCUSED: Moore, Stonecipher Ordinance No. 3377-14 adopted. Mov ed by Council Member Murphy, seconded by Council Member Roberts, to close the public hearing on Council Bill No. 1404-17. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. COUNCIL BILL NO. 1404-17 THIRD AND FINAL READING: AN ORDINANCE amending Ordinance No. 2328-98 (EMC Title 18, Land Div ision), as amended, concerning “Unit Lot Subdiv ision” Mov ed by Council Member Gipson, seconded by Council Member Anderson, that this is declared to be the third and f inal reading of Council Bill No. 1404-17 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Murphy, Gipson, Bader, Anderson NAY S: None EXCUSED: Moore, Stonecipher Ordinance No. 3378-14 adopted. Mov ed by Council Member Gipson, seconded by Council Member Roberts to close the public hearing on Council Bill No. 1404-18. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. COUNCIL BILL NO. 1404-18 THIRD AND FINAL READING: AN ORDINANCE amending Chapter 15.16 of EMC Title 15 (Local Project Rev iew Procedures), as amended, concerning Unit Lot Subdiv isions Mov ed by Council Member Gipson, seconded by Council Member Murphy, that this is declared to be the third and f inal reading of Council Bill No. 1404-18 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Murphy, Gipson, Bader, Anderson NAY S: None EXCUSED: Moore, Stonecipher Ordinance No. 3379-14 adopted. PUBLIC HEARING: Council Vice President Bader opened a public hearing regarding Council Bill No. 1404-19, a proposed ordinance authorizing a pilot project f or micro-housing f or Trinity Lutheran College students. Allan Gif f en, Planning, gav e a brief ov erv iew of the proposed ordinance. He addressed the issue brought f orward by Council Member Gipson regarding noise impact f rom the Austin Bar and Grill, which is adjacent to the proposed housing site. He stated that the Noise Ordinance f or the B-3 Zone does not require a night time reduction of noise. He distributed proposed language to be added to Section 2.2 and 2.9 of the ordinance requiring conf irmation of exclusiv e use of the building f or student housing and the establishment of a new of f -street parking standard in the ev ent a new use of the building is proposed. He addressed a question about micro-housing as a f orm of housing in the city and whether or not it is a desirable alternativ e. He stated that the ordinance already requires an ev aluation of micro-housing as a housing ty pe by January 2017, or within one y ear of occupancy of this building, whichev er occurs later. Kathy Raines, President/CEO, Footprint Inv estments, gav e a brief presentation regarding their micro-housing dev elopments in other communities and their partnership with Trinity Lutheran College. John Reed, President, Trinity Lutheran College, spoke regarding the need f or additional student housing. He conf irmed Trinity ’s commitment to the proposed project and the city of Ev erett. Pat Cisneros, Ev erett Community College, spoke in support of the proposed ordinance. Ry an Lindley, Ev erett; Doug Lee, Associate Pastor, Gospel Light Church; and Mitch Cogdill, Attorney representing Austin Bar and Grill, expressed concern regarding the lack of on-street parking. Mov ed by Council Member Roberts, seconded by Council Member Murphy to close the public hearing. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. COUNCIL BILL NO. 1404-19 THIRD AND FINAL READING: AN ORDINANCE authorizing a Pilot Project f or Micro-Housing f or Trinity Lutheran College Students at the southwest corner of Oakes and Calif ornia with of f -street parking at the Trinity Lutheran College Garage at the southeast corner of Wetmore and Calif ornia, amending Section 34 of Ordinance No. 1671-89 and Section 7 of Ordinance No. 2347-98, as amended Mov ed by Council Member Roberts, seconded by Council Member Murphy, that this is declared to be the third and f inal reading of Council Bill No. 1404-19 with the inclusion of additional language prov ided by legal counsel. The City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Murphy, Bader, Anderson NAY S: Gipson EXCUSED: Moore, Stonecipher Ordinance No. 3380-14 adopted. PUBLIC HEARING: Council Vice President Bader opened a public hearing regarding a proposed resolution concerning 2014 Community Dev elopment Block Grant Annual Action Plan and modif ication of the 2010-2014 Consolidated Plan. Vice President Bader asked whether any council member saw any reason they should be recused f rom these proceedings. Council Member Anderson recused himself due to a f inancial interest as a social inv estor in the project. Vice President Bader questioned whether any members of the audience believ ed that there were any council members hav ing a conf lict of interest. There was no response. Dav e Koenig, Planning, gav e a brief ov erv iew of the proposed resolution. He stated that part of the Consolidated Plan was the remov al of a portion of one census tract to allow f or Hope Works Social Enterprises to put housing along Broadway Av enue, east of Broadway. He presented statistics related to the use of Multi-Family Tax Credits. Ed Petersen, Ev erett, Housing Hope and Hopeworks Social Enterprises, spoke regarding their proposed plan f or Broadway. Vice President Bader inv ited public comment. There was no response. Mov ed by Council Member Roberts, seconded by Council Member Murphy to close the public hearing. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. RESOLUTION – 2014 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN Mov ed by Council Member Gipson, seconded by Council Member Murphy, to adopt Resolution No. 6727 concerning 2014 Community Dev elopment Block grant Annual Action Plan and allocations of HOME and Housing Trust Funds – 2060 and modif ication to the 2010-2014 Consolidated Plan. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. ACTION ITEMS: PURCHASE – TWO DUMP BODIES Mov ed by Council Member Murphy, seconded by Council Member Gipson, to authorize the purchase of two Dump Bodies and related equipment f rom Washington State Contract 12304 in the amount of $202,814.64. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who was excused. Motion carried. PURCHASE – TWO INTERNATIONAL MODEL 7400 6X4 CAB & CHASSIS Mov ed by Council Member Gipson, seconded by Council Member Anderson, to authorize the purchase of two International Model 7400 6x4 Cab & Chassis f rom State Contract 01513. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. BID AWARD – ANNUAL SUPPLY OF GRAVEL Mov ed by Council Member Anderson, seconded by Council Member Roberts, to award Bid 2014-026 f or an annual supply of grav el to Cemex Construction Materials, Iron Mountain Quarry and Granite Construction Company f or a total of $390,000.00 including Washington State sales tax. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. AGREEMENT – MARINE LAW ENFORCEMENT GRANT Mov ed by Council Member Gipson, seconded by Council Member Murphy, to authorize the May or to sign the Intergov ernmental Agreement with Washington State Parks and Recreation Commission to accept the $18,712.00 award f or the Marine Law Enf orcement Grant. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. APPLICATION – 2014 BULLETPROOF VEST PARTNERSHIP AWARD FUNDING Mov ed by Council Member Roberts, seconded by Council Member Anderson, to authorize the May or to approv e the application f or FY 2014 Bulletproof Vest Partnership award f unding f rom the United States Department of Justice and to sign the necessary documents in the ev ent of an award. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. AGREEMENT AMENDED – INTERJURISDICTIONAL COORDINATION/ AFFORDABLE HOUSING Mov ed by Council Member Roberts, seconded by Council Member Anderson, to authorize the May or to sign Amendment no. 1 to the Interlocal Cooperation Agreement f or Inter-Jurisdictional Coordination relating to Af f ordable Housing. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. AGREEMENT AMENDED – COMMUNICATIONS ANTENNA SITE LEASE Mov ed by Council Member Anderson, seconded by Council Member Gipson, to authorize the May or to sign Second Addendum to Communications Antenna Site Lease Agreement with T-Mobile f or use of city -owned property. Roll was called with all council members v oting y es except Council Members Moore and Anderson who were excused.  Motion carried. AGREEMENT – EASEMENT/ELECTRICAL DISTRIBUTION FACILITIES Mov ed by Council Member Anderson, seconded by Council Member Gipson, to authorize the May or to sign Easement Agreement with Public Utility District No. 1 of Snohomish County f or electrical distribution f acilities at Lif t Station No. 24. Roll was called with all council members v oting y es except Council Members Moore and Stonecipher who were excused. Motion carried. EXECUTIVE SESSION The City Council meeting recessed f or an executiv e session at 4:09 p.m. The City Council meeting reconv ened and adjourned at 4:19 p.m. ___________________________ Deputy City Clerk Read and approv ed as printed. ____________________________ Council Vice President