Everett City Council

W ednesday, June 18, 2014 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., June 18, 2014 in the City Council Chambers of the Ev erett City Hall, Council President Moore presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Moore, Murphy, Bader, Stonecipher, and Anderson were present. Council Member Gipson was excused. May or Stephanson led the Pledge of Allegiance. The minutes of the June 11, 2014 City Council meeting were approv ed as printed. Council President Moore abstained f rom the v ote. MAY OR May or Stephanson commented on general f und contributions f or police and f ire pensions. He stated that he has directed staf f , as they prepare the 2015 budget, to keep the city on the 2030 schedule. COUNCIL Council Members Murphy and Stonecipher thanked the May or f or his change in direction regarding pension f unding. Council Member Stonecipher questioned the expenditure recommendation f or reducing the work f orce by 15 FTEs and whether the positions are currently v acant or whether additional positions would be considered. CAA/CFO Bry ant stated that not all of the positions hav e been identif ied at this time. Council Member Stonecipher suggested that when the 2015 budget comes f orward, the positions that are intended to be v acant not be included as a budgeted item. Council Member Bader reported on his attendance at the Ev erett Historical Society ’s annual membership meeting at the Tulalip Cultural Center. Council Member Roberts stated that he attended the Association of Washington Cities’ Conf erence and had the opportunity to present, on behalf of the Association to the Joint Transportation Committee, on rail saf ety and dev elopment of the proposal f or Map 21 f unding. Council Member Anderson reported on his attendance at the Public Facilities’ Board meeting. He stated that the board continues to work with the city regarding the ref unding of their v ariable rate debt, which will occur in December. Council President Moore stated that he had the honor of attending the Joint Tulalip Water Board meeting along with the May or. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning a legal matter pursuant to RCW 42.30.110(1) (i)(c). The session is anticipated to last 10 minutes with no announcement to f ollow. CITIZEN COMMENTS Shaun Nasin, Ev erett, stated that he has f ormed an inf ormal business alliance coalition to identif y problems that business owners see in the downtown area and to identif y solutions. He expressed concern regarding the dilapidated and/or empty buildings near the Comcast Arena. John McGuire and Jamie Curtismith, Ev erett, spoke in support of I-502 and reiterated their request that the city council reconsider the limitations and bans based on the legalization ef f orts of marijuana in the community. CONSENT ITEMS: Mov ed by Council Member Anderson, seconded by Council Member Bader, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6746 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $2,063,444.22 f or the period of May 31, 2014 through June 6, 2014. RESOLUTION – PAY ROLL To adopt Resolution No. 6747 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $3,465,192.83 f or the period ending May 31, 2014. STREET CLOSURE – COLORS OF FREEDOM FESTIVAL AND FIREWORKS SHOW To authorize the closure of Alv erson Boulev ard and Rockef eller, 5th Street to Legion Memorial Park, f or a Colors of Freedom Festiv al and Fireworks Show f rom July 4, 2014, 6 a.m., to July 5, 2014, 2 a.m., sponsored by the city of Ev erett. STREET CLOSURE – POLICE DEPARTMENT OPEN HOUSE To authorize the closure of Wetmore Av enue, Wall Street to Pacif ic, on July 4, 2014, 6 a.m. to 5 p.m., f or an Ev erett Police Department Open House sponsored by the city of Ev erett. STREET CLOSURE – 4TH OF JULY PARADE To authorize the closure of Colby and Wetmore, 25th Street to Wall, on July 4, 2014, 8 a.m. to 3 p.m., f or a 4th of July Parade sponsored by the city of Ev erett. BID CALL To authorize Bid Call 2014-056 f or Rebuilt Cummins Engines. Roll was called with all council members v oting y es except Council Member Gipson who was excused. Motion carried. PUBLIC HEARING: Council President Moore opened a public hearing regarding Council Bill Nos. 1405-23, 1405-24, 1405-25, 1405-26, 1405-27, 1405-28, 1405-29, 1405-30 and 1405-31. Council President Moore inv ited public comment. Judy Tuohy, Ev erett, spoke regarding the proposed increase in the city ’s utility taxes. She urged the city council not to v ote to automatically increase the rates in 2016 and 2017. She also expressed concern regarding the proposed two-tier renewal f ee f or business licenses. Shaun Nasin, Ev erett, spoke in opposition to the proposed f ees f or the renewal of business licenses. Ly nn Eshleman, Bothell, questioned v arious aspects of the proposed ordinance rev ising traf f ic mitigation f ees – the elimination of the “v esting” portion of the ordinance, the timing of pay ment f or the f ees, and the ef f ectiv e date. Ry an Sass, Public Works, responded to Ms. Eshleman’s concerns. Allan Gif f en, Planning, noted that additions hav e been made to the proposed ordinance establishing a new f ee schedule f or land use applications, permits, rev iew processes and related serv ices. He recommended that the maker of the motion add the v erbiage “with the inclusion of the ordinance that was emailed to the city council as of y esterday.” Mov ed by Council Member Murphy, seconded by Council Member Roberts, to close the public hearing. Roll was called with all council members v oting y es, except Council Member Gipson who was excused. Motion carried. COUNCIL BILL NO. 1405-23 THIRD AND FINAL READING: AN ORDINANCE relating to taxes, including Utility Tax and Natural Gas Use Tax, and repealing Ordinances No. 2711, 3122, 4019, 1022-84, 1418-87, 1722-90, 2010-94, 2253-97 and 2342-98 Mov ed by Council Member Bader, seconded by Council Member Murphy, that this is declared to be the third and f inal reading of Council Bill No. 1405-23. Council Members Anderson and Murphy spoke in support of the proposed ordinance. Council Member Stonecipher spoke in opposition to the proposed ordinance. She expressed that the city should look at sav ings within the departments f irst and rely on taxation rev enue af ter it is known how much is needed. She stated that a utility tax is a regressiv e method of taxation, which will negativ ely impact low-income f amilies. Additional discussion ensued. Council Member Gipson arriv ed. Mov ed by Council Member Stonecipher to table the proposed ordinance until an analy sis of the tax burden on indiv iduals and businesses in our community is done and the work to look at the operational impact of the three departments that hav e been identif ied is done. Motion died f or lack of second. Council Member Roberts stated that he would also like to see f urther analy sis done and reiterated his concerns regarding the analy sis of departments being done consecutiv ely rather than collectiv ely. Council Member Murphy requested conf irmation that the ef f ectiv e date f or this ordinance was changed to January 1, 2015. Colin Oliv ers, Legal, v erif ied that it was. The City Clerk was directed to call the roll f or the f inal disposition of the ordinance. AY ES: Moore, Murphy, Bader, Anderson NAY S: Roberts, Gipson, Stonecipher Ordinance No. 3384-14 adopted. COUNCIL BILL NO. 1405-24 THIRD AND FINAL READING: AN ORDINANCE relating to Tax Administration, amending Ordinance No. 2809-04 (Chapter 3.19 EMC) as amended Mov ed by Council Member Bader, seconded by Council Member Anderson, that this is declared to be the third and f inal reading of Council Bill No. 1405-24 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Anderson NAY S: Stonecipher Ordinance No. 3385-14 adopted. COUNCIL BILL NO. 1405-25 THIRD AND FINAL READING: AN ORDINANCE relating to the creation of a Transportation Benef it District which includes the entire city of Ev erett as the boundaries currently exist or as they may exist f ollowing f uture annexations Mov ed by Council Member Roberts, seconded by Council Member Anderson, that this is declared to be the third and f inal reading of Council Bill No. 1405-25 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Anderson NAY S: None Ordinance No. 3386-14 adopted. COUNCIL BILL NO. 1405-26 THIRD AND FINAL READING: AN ORDINANCE rev ising the Traf f ic Mitigation Fee Ordinance, repealing Ordinance 2425-99 and 2496-00, as amended (Chapter 18.40 EMC) Mov ed by Council Member Bader, seconded by Council Member Murphy, that this is declared to be the third and f inal reading of Council Bill No. 1405-26. Mov ed by Council Member Murphy, seconded by Council Member Anderson to amend the motion to change the ef f ectiv e date to January 1, 2015. Council President Moore questioned whether the maker of the amendment and second would consider a f riendly amendment to make the ef f ectiv e date September 1, 2014. There was no comment. Roll was called on the amendment with all council members v oting y es, except Council Members Bader, Roberts and Moore who v oted no. Motion carried. The City Clerk was directed to call the roll f or the f inal disposition of the ordinance as amended. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Anderson NAY S: None Ordinance No. 3387-14 adopted. COUNCIL BILL NO. 1405-27 THIRD AND FINAL READING: AN ORDINANCE relating to Vehicle Impounds, amending Ordinance No. 993-83, as amended (EMC 46.10.010) Mov ed by Council Member Anderson, seconded by Council Member Bader, that this is declared to be the third and f inal reading of Council Bill No. 1405-27 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Anderson NAY S: None Ordinance No. 3388-14 adopted. COUNCIL BILL NO. 1405-28 THIRD AND FINAL READING: AN ORDINANCE rev ising the Small Project Impact Fee Ordinance, repealing Ordinance No. 2424-00 and 2505-00, as amended (Chapter 18.36 EMC) Mov ed by Council Member Bader, seconded by Council Member Anderson, that this is declared to be the third and f inal reading of Council Bill No. 1405-28. Mov ed by Council Member Stonecipher, seconded by Council Member Murphy, to amend the motion to change the ef f ectiv e date to January 1, 2015. Roll was called on the amendment with all council members v oting y es, except Council Members Roberts and Moore who v oted no. Motion carried. The City Clerk is directed to call the roll f or the f inal disposition of the ordinance as amended. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Anderson NAY S: None Ordinance No. 3389-14 adopted. COUNCIL BILL NO. 1405-29 THIRD AND FINAL READING: AN ORDINANCE establishing a new f ee schedule f or land use applications, permits, rev iew processes, and related serv ices f or the Department of Planning and Community Dev elopment, and repealing Ordinance No. 1730-90 and 1985-94, as amended Mov ed by Council Member Murphy, seconded by Council Member Roberts, that this is declared to be the third and f inal reading of Council Bill No. 1405-29 as prov ided to the city council by email on June 17, 2014, and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Anderson NAY S: None Ordinance No. 3390-14 adopted. COUNCIL BILL NO. 1405-30 THIRD AND FINAL READING: AN ORDINANCE annexing the property located east of 19th Av enue SE, between 106th Place SE and 108th Street SE, the Holdeman Annexation Mov ed by Council Member Roberts, seconded by Council Member Bader, that this is declared to be the third and f inal reading of Council Bill No. 1405-30 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Anderson NAY S: None Ordinance No. 3391-14 adopted. COUNCIL BILL NO. 1405-31 THIRD AND FINAL READING: AN ORDINANCE establishing the zoning as B-2(B) (Of f ice) amending the Zoning Map of the city of Ev erett f or the Holdeman Annexation area Mov ed by Council Member Roberts, seconded by Council Member Bader, that this is declared to be the third and f inal reading of Council Bill No. 1405-31 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Anderson NAY S: None Ordinance No. 3392-14 adopted. ACTION ITEMS: AGREEMENT – ENVIRONMENTAL CLASSROOM PRESENTATIONS Mov ed by Council Member Murphy, seconded by Council Member Moore, to authorize the May or to sign a prof essional serv ices agreement with Triangle Associates, Inc. to prov ide env ironmental classroom presentations in the Ev erett water serv ice area in the amount of $170,000.00. Roll was called with all council members v oting y es. Motion carried. AGREEMENT – PURCHASE K-9 OFFICER ZEP Mov ed by Council Member Bader, seconded by Council Member Roberts, to authorize the May or to sign the agreement with Ms. Dana M. Blair to purchase K-9 Of f icer Zep in the amount of $10.00. Roll was called with all council members v oting y es, except Council Member Gipson who v oted no. Motion carried. AGREEMENT AMENDED – AFFORDABLE HOUSING Mov ed by Council Member Roberts, seconded by Council Member Bader, to authorize the May or to sign Amendment No. 2 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. Motion carried. EXECUTIVE SESSION The City Council meeting recessed f or an executiv e session at 8:22 p.m. The City Council meeting reconv ened at 8:30 p.m. and adjourned. ___________________________ Deputy City Clerk Read and approv ed as printed. ____________________________ Council President