Everett City Council

W ednesday, November 26, 2014 The regular meeting of the Ev erett City Council was called to order at 12:30 p.m., Nov ember 26, 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 Roberts, Moore, Murphy, Gipson, Bader, and Tuohy were present. Council Member Stonecipher was excused. Council Member Tuohy led the Pledge of Allegiance. The minutes of the Nov ember 19, 2014, City Council meeting were approv ed as printed. Council Members Roberts, Gipson, and Tuohy abstained f rom the v ote. MAY OR May or Stephanson wished ev ery one a Happy Thanksgiv ing. He also welcomed new Council Member Judy Tuohy. OATHS Mov ed by Council Member, seconded by Council Member, to concur with the appointment of Dery ck E. Hartf ord as a new police of f icer. Roll was called with all council members v oting y es, except Council Member Stonecipher who was excused. Motion carried. The City Clerk administered the oath of of f ice and May or Stephanson presented Of f icer Hartf ord with his badge. COUNCIL Council members welcomed new Council Member Judy Tuohy and wished citizens, staf f , and colleagues a happy Thanksgiv ing. Council Member Roberts reported on his attendance last week at the National League of Cities conf erence held in Austin, Texas. He commented on the Community Streets Initiativ e f inal report and thanked the task f orce f or the work that was done. Council Member Gipson prov ided a report on his attendance last week at the National League of Cities conf erence held in Austin. He also announced that today was the f irst “My Mother’s Kitchen” cooking class, which he instructs at the Ev erett Senior Center, and encouraged other council members to v olunteer in the community. Council Member Tuohy expressed her thankf ulness f or being a part of the Ev erett City Council and thanked ev ery one f or a warm welcome. CITY ATTORNEY City Attorney Iles requested an executiv e session, anticipated to last no longer than 15 minutes, f ollowing the meeting concerning a legal matter pursuant to RCW 42.30.110(1)(i)(c). CITIZEN COMMENTS Katie Arnestad, Ev erett, expressed concerns relating to a pending marijuana retail business located at 4218 Rucker Av enue, Ev erett, Washington. City Attorney Iles responded to concerns expressed last week about the close proximity of a Camp Fire f acility and potential play ground to the proposed marijuana retail business. Af ter discussions with State of f icials, the State made a determination that the Camp Fire f acility is not a recreational f acility and the play ground does not qualif y as a public play ground under state law. The State has issued a license to the applicant, and the City business license application is currently being rev iewed by staf f . Discussion ensued regarding current zoning requirements and concerns with the close proximity of the proposed f acility to neighbors. Dennis Dudder, Chair, Forest Park Neighborhood Association, spoke in opposition to the proposed marijuana retail business located at 4218 Rucker Av enue. He presented an original copy of a neighborhood petition to May or Stephanson. COUNCIL BRIEFING AGENDA 2015 Golf Fee Modif ications Presented by Lori Cummings, Parks Council Member Murphy asked if the Board had considered issuing annual passes to allow play at either the Walter E. Hall or Legion Park courses. Lori Cummings stated that annual passes are no longer of f ered; howev er, she would bring back this suggestion f or possible consideration with the f requent play card program. PROPOSED ACTION ITEMS: COUNCIL BILL NO. 1411-53 SECOND READING AN ORDINANCE adopting the budget f or the City of Ev erett f or the y ear 2015 in the amount of $517,917,389 COUNCIL BILL NO. 1411-54 SECOND READING AN ORDINANCE closing a Special Improv ement Project entitled “2010 ARRA Ov erlay Program”, Fund 303, Program 088, as established by Ordinance No. 3179-10 COUNCIL BILL NO. 1411-55 SECOND READING AN ORDINANCE closing a Special Improv ement Project entitled “Ev erett City wide Guardrail Improv ement Project”, Fund 303, Program 100, as established by Ordinance No. 3328-1 CONSENT ITEMS: Mov ed by Council Member Murphy, seconded by Council Member Bader, to approv e the f ollowing consent items: RESOLUTION - CLAIMS To adopt Resolution No. 6793 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $371,343.79 f or the period of Nov ember 8, 2014, through Nov ember 14, 2014. Roll was called with all council members v oting y es, except Council Member Stoneciper who was excused. Motion carried. ACTION ITEMS: APPOINTMENT – COUNCIL PRESIDENT Mov ed by Council Member Roberts, seconded by Council Member Gipson, to appoint Council Member Scott Bader as Council President/May or Pro tem f or the y ear 2015. Roll was called with all council members v oting y es, except Council Member Stonecipher who was excused. Motion carried. COUNCIL BILL NO. 1411-51 THIRD AND FINAL READING: AN ORDINANCE approv ing the appropriations of the 2014 rev ised City of Ev erett Budget and amending Ordinance No. 3402-14 Mov ed by Council Member Bader, seconded by Council Member Roberts, that this is declared to be the third and f inal reading of Council Bill No. 1411-51 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, Tuohy NAY S: None EXCUSED: Stonecipher Ordinance No. 3412-14 adopted. COUNCIL BILL NO. 1411-52 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improv ement Project entitled, “Grand Av enue Park Pedestrian Bridge,” Fund 303, Program 103, to accumulate all costs f or the improv ement project 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. 1411-52 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, Tuohy NAY S: None EXCUSED: Stonecipher Ordinance No. 3413-14 adopted. RESOLUTION – RECOVERY OF ABATEMENT COSTS Mov ed by Council Member Bader, seconded by Council Member Roberts, to adopt Resolution No. 6794 authorizing recov ery of abatement costs pursuant to EM 1.20.090 at 2620 Rucker Av enue. Roll was called with all council members v oting y es, except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – INTERPRETER REIMBURSEMENT PROGRAM Mov ed by Council Member Murphy, seconded by Council Member Bader, to authorize the May or to sign the Interagency Agreement between Administrativ e Of f ice of the Courts and the Ev erett Municipal Court to allow continued participation in the state f unded interpreter reimbursement program f or the 2015 f iscal y ear. Roll was called with all council members v oting y es, except Council Member Stonecipher who was excused. Motion carried. RESOLUTION – HUMAN NEEDS GRANT FUNDING Mov ed by Council Member Murphy, seconded by Council Member Roberts, to adopt Resolution No. 6795 establishing Human Needs Priorities f or 2015 Human Needs Grant f unding. Council Member Tuohy asked to be recused due to her current employ ment by the Schack Art Center who has been a recipient of past human needs grant f unding. Council Member Tuohy lef t the council chambers. Roll was called with all council members v oting y es, except Council Member Stonecipher who was excused and Council Member Tuohy who was recused. Motion carried. Council Member Tuohy returned to the council chambers. MEMORANDUM OF UNDERSTANDING – WASHINGTON Y OUTH AND FAMILIES FUND Mov ed by Council Member Bader, seconded by Council Member Roberts, to authorize the May or to sign the Washington Youth and Families Fund Memorandum of Understanding. Roll was called with all council members v oting y es, except Council Member Stonecipher who was excused. Motion carried. EXECUTIVE SESSION The City Council recessed at 1:14 p.m. f or an executiv e session and reconv ened at 1:33 p.m. Council President Moore announced that the executiv e session would be extended f or an additional 10 minutes. The City Council recessed again at 1:33 p.m. and reconv ened at 1:47 p.m. Mov ed by Council Member Gipson, seconded by Council Member Murphy, to authorize the May or to sign an emergency ordinance repealing interim Ordinance 3347-13 as amended, establishing a moratorium on f uture recreational marijuana business use in the city of Ev erett. City Attorney Iles asked f or conf irmation that the motion would establish an ordinance that would repeal the existing interim ordinance but would then instantly place a moratorium making it an emergency and prohibit f urther retail recreational marijuana f acilities in this community. President Moore questioned whether the maker of the motion would consider a f riendly amendment to include a moratorium on f uture recreational marijuana business use in close proximity to residential and recreational f acilities. Council Member Gipson and Council Member Murphy accepted this as a f riendly amendment to the main motion. May or Stephanson asked City Attorney Iles to clarif y the v oting requirements f or an emergency ordinance. City Attorney Iles stated the emergency ordinance under the Charter would require a majority v ote plus one, which tonight would require f iv e v otes. Victor Harris, Ev erett, commented on Washington Initiativ e I-502 and Ev erett mixed-use dev elopment plans. Roll was called with all council members v oting no on the motion as amended, except Council Members Murphy and Gipson who v oted y es and Council Member Stonecipher who was excused. Motion f ailed. The City Council meeting adjourned at 2:00 p.m. ________________________________ City Clerk Read and approv ed as printed. ________________________________ Council President