Everett City Council

W ednesday, December 03, 2014 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., December 3, 2014 in the City Council Chambers of the William E. Moore Historic City Hall, Council President Moore presiding. Judge J. Robert Leach administered the oath of of f ice to newly elected Council Member Judy Tuohy. 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. May or Stephanson led the Pledge of Allegiance. The minutes of the Nov ember 26, 2014 City Council meeting were approv ed as printed. MAY OR May or Stephanson welcomed Judy Tuohy to the City Council. He stated that he along with Council Members Tuohy, Bader and Moore participated in a STEM (Science Technology Engineering and Math) meeting last night with the Ev erett School District and legislators where they discussed the challenges of public schools and f inancing. COUNCIL The council members welcomed Judy Tuohy to the City Council. Council Member Roberts reported that he also attended the STEM meeting last night. He encouraged ev ery one to do their Christmas shopping in Ev erett. Council Member Tuohy stated that she is honored to represent the citizens of Ev erett and looks f orward to working with staf f , council members and the May or. She expressed that she enjoy ed the STEM meeting and was pleased to hear about the positiv e things being done in the Ev erett School District. Council President Moore thanked ev ery one who participated in the special school board meeting last night. CITY ATTORNEY The City Attorney had no comments. CITIZEN COMMENTS Angela DeOliv eira, co-owner of Purple Haze, and Eugene Elf rank spoke in support of allowing a proposed marijuana retail store at 4218 Rucker Av enue. Austin Tipton, Katie Arnestad, Candace Duce, Eric Nordin, Jim Clemenson, Marcia Fischer of Deno Millikan Law Firm, and Bonnie Arnestad spoke in opposition to the proposed marijuana retail store at 4218 Rucker Av enue. Donna Breski, Snohomish, spoke regarding the city ’s municipal code with respect to TDRs (transf er dev elopment rights). She requested that the city code be rev ised to allow reduction in the backy ard setback f rom 20 f eet to 15 f eet and reduction in the required backy ard area f rom 600 square f eet to 450 square f eet. COUNCIL BRIEFING AGENDA City of Ev erett Logo Design Presentation Presented by Meghan Pembroke and Carol Thomas, Administration Adopt resolution naming the bluf f northwest of American Legion Memorial Park “Hibulb Lookout” Presented by Dav id Koenig, Planning Adopt resolution naming the bike/pedestrian trail around north Ev erett the “Mill Town Trail” Presented by Dav id Koenig, Planning William Vincent, Ev erett, prov ided a brief history of the city of Ev erett’s mills and spoke in support of naming the trail, The Sawdust Trail.” COUNCIL BILL NO. 1411-57 FIRST READING: AN ORDINANCE granting a telecommunications f ranchise to Noel Communications, Inc. Presented by Katie Rathbun, Legal COUNCIL BILL NO. 1411-58 FIRST READING: AN ORDINANCE establishing the basic salary schedule f or employ ees of the city of Ev erett f or 2015, repealing Ordinance No. 3359-13 Presented by Sharon DeHaan, Human Resources COUNCIL BILL NO. 1411-56 FIRST READING: AN ORDINANCE relating to water, sewer serv ice and surf ace water management rates, amending Ordinances 3299-12 and 1237-86 and adding new prov isions to Chapter 14.04 EMC, Chapter 14.16 EMC and Chapter 14.60 EMC Presented by Dav e Dav is, Public Works Adopt resolution adopting the 2014 Comprehensiv e Sewer Plan and authorizing its submittal to the State Department of Ecology Presented by Dav e Dav is, Public Works CONSENT ITEMS: Mov ed by Council Member Gipson, seconded by Council Member Bader, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6796 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $4,755,801.31 f or the period of Nov ember 15, 2014 through Nov ember 21, 2014. RESOLUTION – PAY ROLL To adopt Resolution No. 6797 acknowledging the pay ment of audited and approv ed pay roll claims against the city of Ev erett in the amount of $3,375 402.37 f or the period ending Nov ember 15, 2014. JOB COMPLETE – 2014 BACKWASH SOLIDS REMOVAL To accept the 2014 Backwash Solids Remov al project as complete and authorize the May or to sign the certif icate of completion with Golden Env iro, LLC. JOB COMPLETE – POWDER MILL GULCH STABILIZATION To accept the Powder Mill Gulch Stabilization project as complete and authorize the May or to sign the certif icate of completion with Jansen, Inc., allowing the release of the retainage bond. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. PUBLIC HEARING: Council President Moore opened a public hearing on the proposed surplus of city -owned real properties. Mike Palacios, Real Property, gav e a Power Point slide presentation identif y ing the f irst round of properties proposed f or surplus. He stated that other sites being considered f or surplus are being more thoroughly ev aluated to determine adequacy of av ailable utilities and potential impacts relativ e to traf f ic, zoning and land use concerns. Council Member Gipson questioned the status of the dancehall property at Silv er Lake and whether it would be surplused with the next group. Mike Palacios stated that it is not currently in the next group of properties that will be coming f orward. Council President Moore suggested that it would be good to hav e an update on the Parks Plan f or the use of that site. CAA/CFO Bry ant stated that she would hav e Paul Kaf tanski, Parks Director, prov ide an update. President Moore inv ited public comment. There was no response. Mov ed by Council Member Roberts, seconded by Council Member Bader, to close the public hearing. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. SURPLUS/SALE OF CITY OWNED PROPERTIES Mov ed by Council Member Bader, seconded by Council Member Murphy, to direct staf f to prepare a resolution declaring certain city -owned properties as surplus and authorizing the sale of those properties. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. ACTION ITEMS: QUIT CLAIM DEED Mov ed by Council Member Bader, seconded by Council Member Roberts, to authorize the May or to execute the Quit Claim Deed f rom the city of Ev erett to Snohomish County f or title clearing purposes f or Lots 27 and 28, Plat of Paine Field No. 5. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – ENVIRONMENTAL CONSULTING SERVICES Mov ed by Council Member Bader, seconded by Council Member Roberts, to authorize the May or to sign the prof essional serv ices agreement with Associated Earth Sciences, Inc. to prov ide additional env ironmental consulting serv ices related to contaminated soils at the Allen-Buick site in the amount of $63,436.00. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. COUNCIL BILL NO. 1411-53 THIRD AND FINAL READING: AN ORDINANCE adopting the budget f or the city of Ev erett f or the y ear 2015 in the amount of $517,917,389.00. 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. 1411-53 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. 3414-14 adopted. COUNCIL BILL NO 1411-54 THIRD AND FINAL 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 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. 1411-54 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. 3415-14 adopted. COUNCIL BILL NO. 1411-55 THIRD AND FINAL 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. 3328-13 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. 1411-55 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. 3416-14 adopted. AGREEMENT – GRAND AVENUE PARK BRIDGE DESIGN Mov ed by Council Member Roberts, seconded by Council Member Bader, to authorize the May or to sign the Local Agency Standard Consultant Agreement with KPFF Consulting Engineers f or the Grand Av enue Park Bridge design in an amount not to exceed $1.75 million. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. AGREEMENT AMENDED – RESERVOIR 6 ROOF REPLACEMENT Mov ed by Council Member Roberts, seconded by Council Member Bader, to authorize the May or to sign Amendment No. 1 to the Prof essional Serv ices Agreement with Brown and Caldwell f or Reserv oir 6 Roof Replacement. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. RESOLUTION – RECOVERY OF ABATEMENT COSTS/1609 WALNUT Mov ed by Council Member Bader, seconded by Council Member Roberts, to adopt Resolution 6798 authorizing recov ery of abatement costs pursuant to EMC 1.20.090 at 1609 Walnut Street. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – MICROSOFT ENTERPRISE Mov ed by Council Member Murphy, seconded by Council Member Bader, to authorize the May or to sign a three-y ear Microsof t Enterprise Agreement with annual pay ments of $241,697.79 including Washington State sales tax. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – MAINTENANCE AND SUPPORT SERVICES Mov ed by Council Member Bader, seconded by Council Member Roberts, to authorize the May or to sign the MRV’s standard maintenance and support serv ice terms and conditions. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused.  Motion carried. AGREEMENT AMENDED – RECREATIONAL ROWING PROGRAMS Mov ed by Council Member Bader, seconded by Council Member Murphy, to authorize the May or to sign Amendment No. 1 to the Prof essional Serv ices Agreement with the Ev erett Rowing Association f or the prov ision of recreational rowing programs. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. AGREEMENT – RESTORATION PLAN/URBAN FORESTED AREAS Mov ed by Council Member Roberts, seconded by Council Member Bader, to authorize the May or to sign a Prof essional Serv ices Agreement with Forterra to continue implementation of a restoration plan f or sev eral publicly owned urban f orested areas within the city of Ev erett, in an amount not to exceed $58,400.00. Roll was called with all council members v oting y es except Council Member Stonecipher who was excused. Motion carried. The City Council meeting adjourned at 8:51 p.m. ___________________________ Deputy City Clerk Read and approv ed as printed. ____________________________ Council President