Everett City Council

W ednesday, October 15, 2014 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., October 15, 2014, in the City Council Chambers of the William E. Moore Historic City Hall, Council Member Moore presiding. Upon roll call it was f ound that May or Stephanson and Council Members Moore, Murphy, Bader, Stonecipher, and Anderson were present. Council Member Roberts and Gipson were excused. President Moore led the Pledge of Allegiance. The minutes of the October 8, 2014, City Council meeting were approv ed as printed. Council Members Moore and Bader abstained f rom the v ote. MAY OR May or Stephanson reported on his attendance at Ev erett’s 20th Annual Monte Cristo Award ceremony held last Thursday, October 9, 2014. He thanked Council Members Stonecipher, Anderson, and Murphy f or their assistance in handing out awards. PROCLAMATION May or Stephanson proclaimed the month of October 2014 as Domestic Violence Awareness Month in Ev erett. Luanne Kunz, Y WCA Snohomish County Public Af f airs Coordinator, accepted the proclamation on behalf of the Y WCA Board and thanked the city of Ev erett, May or Stephanson, and council members f or their support. COUNCIL Council Member Anderson announced the Mental Illness Awareness is also recognized in the month of October. Council Member Anderson prov ided a liaison report on behalf of the Public Facilities Board. Council Member Stonecipher reported on her attendance at the neighborhood meeting with building materials company, Cemex, which was held at Madison Elementary School on October 8, 2014. Council Member Murphy prov ided a liaison report on his attendance at the Snohomish Health District Board meeting held earlier this week. CITY ATTORNEY City Attorney Iles requested an executiv e session, anticipated to last 10 minutes, f ollowing the meeting concerning a legal matter pursuant to RCW 42.30.110(1)(i)(c). CITIZEN COMMENTS Peter Landry, Ev erett spoke about a project proposed by the Army Corp of Engineers and Washington Department of Fish and Wildlif e to f lood Ev erett marshland, which would result in the remov al of homes and small f arms. Debra Bry ant asked Gerry Irv ine to meet with Mr. Landry to collect additional inf ormation. Michael Westf ord, Ev erett, spoke about code enf orcement issues surrounding disabled housing he owns at 3209 Oakes Av enue, Ev erett. Willie Russell, Ev erett, spoke about an ongoing Snohomish County court case and his dissatisf action with issued citations and interactions with Ev erett police of f icers. COUNCIL BRIEFING AGENDA COUNCIL BILL NO. 1410-47 FIRST READING AN ORDINANCE relating to Municipal Court Judge Positions (Ordinance 1259-86, as amended – Chapter 2.108 EMC) Presented by Judge Laura VanSly ck, Municipal Court Authorize the May or to execute an agreement f or jail serv ices with Yakima County in the f orm substantially as prov ided Presented by Dav id Hall, Legal CONSENT ITEMS: Mov ed by Council Member Bader, seconded by Council Member Anderson, to approv e the f ollowing consent items: RESOLUTION - CLAIMS To adopt Resolution No. 6781 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $2,310,483.69 f or the period of September 27, 2014, through October 3, 2014. STREET CLOSURE – GARAGE PARTY AND BIKE SHOW Authorize the closure of Rucker, Wall to Pacif ic, f or a 3rd annual Garage Party and Bike Show on October 19, 2014, 1:30 to 6:30 p.m., sponsored by Motorcy cle Goodies. Roll was called with all council members v oting y es, except Council Members Roberts and Gipson who were excused. Motion carried. PUBLIC HEARING – COUNCIL BILL NO. 1409-45 President Moore opened a public hearing regarding Council Bill No. 1409 45, a proposed ordinance lev y ing the general taxes f or the City of Ev erett f or f iscal y ear commencing January 1, 2015, on all taxable property, both real and personal, subject to taxation thereon, f or the purpose of raising a portion of the rev enue to carry on City operations f or the ensuing y ear, as required by the Charter of the City of Ev erett and the laws of the State of Washington. President Moore inv ited public comment. There was no response. Mov ed by Council Member Stonecipher, seconded by Council Member Bader, to close the public hearing. Roll was called with all council members v oting y es, except Council Members Roberts and Gipson who were excused. Motion carried. COUNCIL BILL NO. 1409-45 THIRD AND FINAL READING: AN ORDINANCE lev y ing the general taxes f or the City of Ev erett f or f iscal y ear commencing January 1, 2015, on all taxable property, both real and personal, subject to taxation thereon, f or the purpose of raising a portion of the rev enue to carry on City operations f or the ensuing y ear, as required by the Charter of the City of Ev erett and the laws of the State of Washington 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. 1409-45 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Moore, Murphy, Bader, Stonecipher, Anderson NAY S: None EXCUSED: Roberts, Gipson Ordinance No. 3406-14 adopted. PUBLIC HEARING – COUNCIL BILL NO. 1409-46 President Moore opened a public hearing regarding Council Bill No. 1409 46, a proposed ordinance modif y ing and renewing interim zoning regulations related to recreational marijuana businesses. President Moore inv ited public comment. Eugene Elf rank, Ev erett, spoke regarding the 2500 f oot restriction f or marijuana retailers and asked City Council to consider remov al of this restriction. Jamie Curtismith, Ev erett, commented on the current restrictions related to Tier 2 and Tier 3 in the proposed interim zoning regulations and implored City Council to consider the creation of a task f orce and the remov al of the tier restrictions. Jessica Jordan, Ev erett, commented on the current restrictions related to Tier 2 and Tier 3 in the proposed interim zoning regulations and asked City Council to consider remov al of this restriction. Mov ed by Council Member Murphy, seconded by Council Member Bader, to close the public hearing. Roll was called with all council members v oting y es, except Council Members Roberts and Gipson who were excused. Motion carried. COUNCIL BILL NO. 1409-46 THIRD AND FINAL READING: AN ORDINANCE modif y ing and renewing interim zoning regulations related to recreational marijuana businesses Mov ed by Council Member Murphy, seconded by Council Member Bader, that this is declared to be the third and f inal reading of Council Bill No. 1409-46 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. Council Member Stonecipher expressed support to f orm a task f orce or to use the Planning Commission to draf t permanent marijuana business regulations bef ore the six-month period expires on the extension of interim measures. President Murphy thanked Ms. Curtismith f or her ef f orts to bring inf ormation to City Council meetings. He communicated a desire to tour a large-scale f acility and asked Ms. Curtismith to schedule at a f uture date. Council Member Murphy expressed concern that the Legislature has y et to prov ide a f unding mechanism f or municipalities to f und training and ov ersight. May or Stephanson stated that the State has mov ed slowly on this issue and that more def inition is needed on enf orcement and what impacts would occur in terms of licensing. He stated the City is committed to doing the right thing. President Moore added it is important that the public know the City Council has had dialogue on this issue. He echoed comments made about f unding and stated it is unlikely that answers f rom the State will be f orthcoming in the near f uture. AY ES: Moore, Murphy, Bader, Stonecipher, Anderson NAY S: None EXCUSED: Roberts, Gipson Ordinance No. 3407-14 adopted. ACTION ITEMS: AGREEMENT AMENDED – SEWER LIFT STATION NO. 24 REPLACEMENT PROJECT Mov ed by Council Member Bader, seconded by Council Member Anderson, to authorize the May or to sign Change Order #2 with McClure & Sons, Inc. f or the Sewer Lif t Station No. 24 Replacement Project at no additional cost to the City. Roll was called with all council members v oting y es, except Council Members Roberts and Gipson who were excused. Motion carried. EXECUTIVE SESSION The City Council recessed at 7:24 p.m. f or an executiv e session and reconv ened and adjourned at 7:36 p.m. ________________________________ City Clerk Read and approv ed as printed. ________________________________ Council President