Everett City Council

W ednesday, December 17, 2014 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., December 17, 2014 in the City Council Chambers of the William E. Moore Historic City Hall, Council Member Roberts presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Murphy, Gipson, Bader, Stonecipher, and Tuohy were present. Council Member Moore was excused. Council Member Gipson led the Pledge of Allegiance. The minutes of the December 10, 2014 City Council meeting were approv ed as printed. MAY OR APPOINTMENTS/REAPPOINTMENTS Mov ed by Council Member Bader, seconded by Council Member Murphy, to concur with the f ollowing appointments: Animal Shelter Appointment of Emmy Schindler to Position No. 2 f or a six-y ear term ending 12/31/20 Board of Park Commissioners Appointment of Joel Tay lor to Position No. 2 f or a six-y ear term ending 12/31/20 Appointment of Marily n Boe to Position No. 3 f or the remainder of an unexpired term ending 12/31/17 Cultural Commission Reappointment of Stev en Graham to Position No. 2 f or a six-y ear term ending 12/31/20 Appointment of Chery l Dav is to Position No. 3 f or a six-y ear term ending 12/31/20 Appointment of Kati Nickerson to Alternate Position No. 1 f or a six-y ear term ending 12/31/20 Ev erett Historical Commission Appointment of Jack O’Donnell to Position No. 2 f or a six-y ear term ending 12/31/20 Human Needs Adv isory Board Appointment of Jeremy Oshie to Position No. 2 f or a six-y ear term ending 12/31/20 Library Board Appointment of Laurie Ummel to Positon No. 5 f or a f iv e-y ear term ending 12/31/19 Planning Commission Appointment of Greg Tisdel to Position No. 2 f or a six-y ear term ending 12/31/20 Senior Center Reappointment of Margaret Larsen to Position No. 2 f or a six-y ear term ending 12/31/20 Appointment of James Bartlow to Position No. 3 f or the remainder of an unexpired term ending 12/31/15 Appointment of Ray Trichler to Position No. 9 f or the remainder of an unexpired term ending 12/31/18 Tree Committee Appointment of Kurt Munnich to Position No. 2 f or a six-y ear term ending 12/31/20 Roll was called with all council members v oting y es except Council Member Moore who was excused. Motion carried. COUNCIL Council Member Tuohy reiterated her comments f rom last week’s City Council meeting that she supports retail marijuana stores in Ev erett, and that it is her intention that they be successf ul as well as f it into the community. She stated that she would like to bring f orward some proposed changes to the interim ordinance to address some of the recent issues. Mov ed by Council Member Tuohy, seconded by Council Member Bader, to instruct legal staf f to prepare a draf t f or Council rev iew of potential additions to the interim regulations f or retail marijuana uses that address the f ollowing issues; (1) customer access allowed only f rom the street f rontage and (2) not allowed on or contiguous to a parcel with a residential use unless meeting some separation standards and with the public notice process. Council Member Bader reported on his attendance at the Library Board meeting where they discussed security around the Main Library and the restoration of hours at the South Branch Library. Council Member Roberts announced that the City Council meetings on December 24 and December 31, 2014 will be held at 12:30 p.m. He stated that Council Brief ing agenda item no. 1, an Association of Washington Cities Update, will be pulled f rom today ’s meeting due to technical dif f iculties. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning two legal matters pursuant to RCW 42.30.110(1)(i,c). The session is anticipated to last 40 minutes with no announcement to f ollow. CITIZEN COMMENTS Bonnie Arnestad, Ev erett, spoke in opposition to Purple Haze, a retail marijuana store located at 4218 Rucker. She quoted statements made by the owner of Purple Haze, Jesse Wof f ord, and Meghan Pembroke, City of Ev erett Communications Director, f rom two news articles. Peter Arnestad, Ev erett, stated his opposition to allowing a retail marijuana store in a residential neighborhood. Mae Comer, Ev erett, an employ ee of Purple Haze LLC, spoke in support of the store and its owners. COUNCIL BRIEFING AGENDA: Association of Washington Cities Update Pulled f rom the agenda Authorize the May or on behalf of City of Ev erett CDE LLC and its subsidiaries to take all actions and execute all documents necessary to close New Market’s Tax Credit Loan #4, Loan #5, and Loan #6 Presented by Richard Tarry, Public Works Council Member Murphy recused himself f rom participating in any discussion and decision making inv olv ing this round of the new market’s tax credit projects. He stated that he is an employ ee and has an ownership interest in Goldf inch Brothers Inc. This entity is not seeking a loan but its sister company, Goldf inch Properties LLC, in which he has no af f iliation, is an applicant f or a new markets tax credit loan. PROPOSED ACTION ITEMS: COUNCIL BILL NO. 1412-59 SECOND READING: AN ORDINANCE establishing an interim regulation f or of f -street parking requirements f or gov ernment administrativ e of f ices and public serv ice buildings in the B-3 (Central Business District) Zone, amending Ordinance No. 2923-06, as amended COUNCIL BILL NO. 1412-60 SECOND READING: AN ORDINANCE closing a special improv ement project entitled, “Hannabrook Park Play ground Improv ements,” Fund 354, Program 044, as established by Ordinance No. 3355-13 COUNCIL BILL NO. 1412-61 SECOND READING: AN ORDINANCE closing a special improv ement project entitled, “Ev erett Perf orming Arts Center Downtown Plaza,” Fund 354, Program 036, as established by Ordinance No. 3166-09 COUNCIL BILL NO. 1412-62 SECOND READING: AN ORDINANCE closing a special improv ement project entitled, “Habitat Restoration Project,” Fund 354, Program 041, as established by Ordinance No. 3265-12 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. 6802 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $3,564,435.56 f or the period of Nov ember 29, 2014 through December 5, 2014. RESOLUTION – PAY ROLL To adopt Resolution No. 6803 acknowledging the pay ment of audited and approv ed pay roll claims against the city of Ev erett in the amount of $3,359,087.48 f or the period ending Nov ember 29, 2014. JOB COMPLETE – RIVERFRONT DEVELOPMENT RAILROAD CORRIDOR TRAIL & ENHANCED DRAINAGE CHANNEL To accept the Riv erf ront Dev elopment Railroad Corridor Trail & Enhanced Drainage Channel project as complete and authorize the May or to sign the certif icate of completion with KLB Construction allowing the release of the retainage bond held with Fidelity and Deposit Co. of Mary land. JOB COMPLETE – 112TH STREET SE IMPROVEMENTS To accept the 112th Street SE Improv ements project as complete and authorize the May or to sign the certif icate of completion with Razz Construction allowing the release of the retainage bond. Roll was called with all council members v oting y es except Council Member Moore who was excused. Motion carried. PUBLIC HEARING – COUNCIL BILL NO. 1411-56 Council Member Roberts opened a public hearing regarding Council Bill No. 1411-56, a proposed ordinance amending Ordinances 3299-12 and 1237-86 and establishing new rates f or sewer serv ice and surf ace water management. Council Member Roberts inv ited public comment. There was no response. Mov ed by Council Member Bader, seconded by Council Member Murphy, to close the public hearing. Roll was called with all council members v oting y es except Council Member Moore who was excused. Motion carried. COUNCIL BILL NO. 1411-56 THIRD AND FINAL 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 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. 1411-56. Council Member Stonecipher stated that council members had receiv ed requested inf ormation regarding the City of Ev erett’s utility bill discounts f or seniors and the disabled. She remarked that the Snohomish County PUD’s discounts also include reductions in utility bills f or low-income f amilies. She requested staf f to bring back an analy sis of how the City of Ev erett might implement a similar plan and how much it might cost the city. CAA/CFO Bry ant stated that she would work with utilities and bring something back to the council members. The City Clerk was directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Murphy, Bader, Stonecipher, Tuohy NAY S: Gipson EXCUSED: Moore Ordinance No. 3417-14 adopted. PUBLIC HEARING – 2014 COMPREHENSIVE SEWER PLAN Council Member Roberts opened a public hearing regarding a proposed resolution adopting the 2014 Comprehensiv e Sewer Plan and authorizing its submittal to the State Department of Ecology. Council Member Roberts inv ited public comment. There was no response. 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 Member Moore who was excused. Motion carried. RESOLUTION – 2014 COMPREHENSIVE SEWER PLAN Mov ed by Council Member Murphy, seconded by Council Member Bader, to adopt Resolution No. 6804 adopting the 2014 Comprehensiv e Sewer Plan and authorizing its submittal to the State Department of Ecology. Roll was called with all council members v oting y es except Council Member Moore who was excused. Motion carried. ACTION ITEMS: AGREEMENT AMENDED – SEWER SY STEM REPLACEMENT AND CAPACITY IMPROVEMENTS “M” Mov ed by Council Member Bader, seconded by Council Member Tuohy, to authorize the May or to sign Amendment No. 5 to the Prof essional Serv ices Agreement with Jacobs Engineering Group, Inc. f or the “Sewer Sy stem Replacement and Capacity Improv ements “M” project in the amount of $563,807.00. Roll was called with all council members v oting y es except Council Member Moore who was excused. Motion carried. AGREEMENT AMENDED – LIFT STATION 1 ELECTRICAL UPGRADE Mov ed by Council Member Bader, seconded by Council Member Stonecipher, to authorize the May or to sign Contract Amendment No. 1 with Tetra Tech, Inc. f or electrical engineering serv ices in support of the Lif t Station 1 electrical upgrade extending the contract completion date to Nov ember 1, 2015. Roll was called with all council members v oting y es except Council Member Moore who was excused. Motion carried. AGREEMENT – TRANSPORTATION PLANNING SERVICES Mov ed by Council Member Bader, seconded by Council Member Murphy, to authorize the May or to sign the Prof essional Serv ices Agreement with Fehr & Peers to prov ide transportation planning serv ices f or the update to the transportation element of the City Comprehensiv e Plan. Roll was called with all council members v oting y es except Council Member Moore who was excused. Motion carried. Council Member Bader lef t the council chambers. AGREEMENT AMENDED – STORMWATER FACILITY ACCESS RETROFIT Mov ed by Council Member Murphy, seconded by Council Member Stonecipher, to authorize the May or to sign Contract Amendment No. 2 with CG Engineering, Inc. f or engineering serv ices in support of the Stormwater Facility Access Retrof it project extending the completion date to July 1, 2015. Roll was called with all council members v oting y es except Council Members Moore and Bader who were excused. Motion carried. COUNCIL BILL NO. 1411-57 THIRD AND FINAL READING: AN ORDINANCE granting a telecommunications f ranchise to Noel Communications, Inc. Mov ed by Council Member Stonecipher, seconded by Council Member Tuohy, that this is declared to be the third and f inal reading of Council Bill No. 1411-57 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Murphy, Gipson, Stonecipher, Tuohy NAY S: None EXCUSED: Moore, Bader Ordinance No. 3418-14 adopted. AGREEMENT – JAIL SERVICES Mov ed by Council Member Stonecipher, seconded by Council Member Tuohy, to authorize the May or to execute a contract f or jail serv ices with Snohomish County in the f orm substantially as prov ided. Roll was called with all council members v oting y es except Council Members Moore and Bader who were excused. Motion carried. REAPPOINTMENT – LAND USE AND CODE ENFORCEMENT HEARING EXAMINER PRO TEM Mov ed by Council Member Stonecipher, seconded by Council Member Tuohy, to concur with the May or’s reappointment of Sharon Rice as the Land Use and Code Enf orcement Hearing Examiner Pro Tem f or one 4-y ear term, and authorize the May or to execute a Personal Serv ices Contract f or Land Use and Code Enf orcement Hearing Examiner Pro Tem. Roll was called with all council members v oting y es except Council Members Moore and Bader who were excused. Motion carried. COUNCIL BILL NO. 1411-58 THIRD AND FINAL READING: AN ORDINANCE establishing the basic salary schedule f or employ ees of the city of Ev erett f or 2015, repealing Ordinance 3359-13. Mov ed by Council Member Murphy, seconded by Council Member Tuohy, that this is declared to be the third and f inal reading of Council Bill No. 1411-58 and the City Clerk is directed to call the roll f or the f inal disposition of the ordinance. AY ES: Roberts, Murphy, Gipson, Stonecipher, Tuohy NAY S: None EXCUSED: Moore, Bader Ordinance No. 3419-14 adopted. AGREEMENT – PUBLIC SAFETY TESTING Mov ed by Council Member Stonecipher, seconded by Council Member Tuohy, to authorize the May or to sign the Prof essional Serv ices Agreement with Public Saf ety Testing. Roll was called with all council members v oting y es except Council Members Moore and Bader who were excused. Motion carried. AGREEMENT - INCINERATION OF CONTROLLED SUBSTANCES Mov ed by Council Member Stonecipher, seconded by Council Member Murphy, to authorize the May or to sign the agreement with RockTenn CP, LLC f or the incineration of controlled substances. Roll was called with all council members v oting y es except Council Members Moore and Bader who were excused. Motion carried. LEASE – OFFICE SPACE/WALL STREET BUILDING Mov ed by Council Member Tuohy, seconded by Council Member Stonecipher, to authorize the May or to sign the Lease with Congressman Rick Larsen f or of f ice space in the Wall Street Building. Roll was called with all council members v oting y es except Council Members Moore and Bader who were excused. Motion carried. AGREEMENT – ACQUISITION OF OAKES COMMONS Mov ed by Council Member Murphy, seconded by Council Member Tuohy, to authorize the May or to sign the Assignment, Assumption, Release and Consent Agreement f or Housing Hope to acquire Oakes Commons f rom the Oakes Limited Partnership and other related documents as approv ed by the City Attorney. Roll was called with all council members v oting y es except Council Members Moore and Bader who were excused. Motion carried. The City Council meeting recessed f or an executiv e session at 7:09 p.m., reconv ened at 7:39 p.m., and adjourned f rom there. ________________________________ Deputy City Clerk Read and approv ed as printed. ________________________________ Council Member