Everett City Council

W ednesday, January 07, 2015 The regular meeting of the Ev erett City Council was called to order at 6:30 p.m., January 7, 2015 in the City Council Chambers of the William E. Moore Historic City Hall, Council President Bader presiding. Upon roll call it was f ound that May or Stephanson and Council Members Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, and Tuohy were present. Council Member Murphy led the Pledge of Allegiance. The minutes of the December 31, 2014 City Council meeting were approv ed as printed. MAY OR The May or had no comments. COUNCIL Council Member Gipson wished ev ery one a Happy New Year. Council Member Moore congratulated Council President Bader on his f irst night as Council President and thanked the May or and staf f f or their support during his two y ears as Council President. Council President Bader stated that he appointed Council Member Murphy as Council Vice President this y ear and thanked him f or agreeing to serv e. CITY ATTORNEY City Attorney Iles requested an executiv e session f ollowing the meeting concerning a litigation matter pursuant to RCW 42.30.110(1)(i,a,c). The session is anticipated to last 10 minutes with a possible announcement to f ollow. CITIZEN COMMENTS Willie Russell, Ev erett, spoke regarding issues relating to the city ’s Legal Department and his right to f ree speech. Bonnie Arnestad, Ev erett, expressed her f rustration regarding the conduct of the owner and/or employ ees of Purple Haze. COUNCIL BRIEFING AGENDA: Adopt resolution amending Resolution No. 5382, as amended by Resolution No. 5703, and amending Exhibit A of Resolution No. 5703, the Dev elopment Agreement f or the project f ormerly known as the Port of Ev erett North Marina Redev elopment Planned Dev elopment Ov erlay Zone, and authorizing the May or to execute the amended and restated Dev elopment Agreement f or the Port of Ev erett Waterf ront Place Central Planned Dev elopment Ov erlay Zone Presented by Dav e Koenig, Planning and Terrie Battuello, Chief of Business Dev elopment, Port of Ev erett Council Member Roberts requested a list of permit actions that will be taken in the f uture and inf ormation regarding the changes in parking, v iews, public amenities, and public access, etc. CONSENT ITEMS: Mov ed by Council Member Gipson, seconded by Council Member Moore, to approv e the f ollowing consent items: RESOLUTION – CLAIMS To adopt Resolution No. 6809 acknowledging the pay ment of audited and approv ed claims against the city of Ev erett in the amount of $2,833,501.17 f or the period of December 20, 2014 through December 26, 2014. RESOLUTION – PAY ROLL To adopt Resolution No. 6810 acknowledging the pay ment of audited and approv ed pay roll claims against the city of Ev erett in the amount of $4,036,996.70 f or the period ending December 13, 2014. Roll was called with all council members v oting y es. Motion carried. PUBLIC HEARING – COUNCIL BILL NO. 1412-63 Council President Bader opened a public hearing regarding Council Bill No. 1412-63, a proposed ordinance modif y ing and renewing interim zoning regulations related to recreational marijuana businesses and amending Ordinance No. 3407-14. Council Member Moore encouraged the retail marijuana retailers who are already established in the city of Ev erett to be good neighbors and community partners. Council President Bader inv ited public comment. Eugene Elf rank, Jamie Curtismith, Willie Russell, and Jessica Jordan, Ev erett, spoke in support of I-502 and thanked the council members f or allowing retail marijuana stores in the city of Ev erett. Alan Pohl, Ev erett, spoke in opposition of retail marijuana stores. Dennis Dudder, Ev erett, submitted a letter in support of the proposed ordinance. Cindy Fly nn, Carney Badley Spellman, spoke on behalf of Brian Bodge, who has applied f or a city of Ev erett business license to open a retail marijuana store at 3223 Pine Street. Mov ed by Council Member Roberts, seconded by Council Member Moore, to close the public hearing. Roll was called with all council members v oting y es. Motion carried. COUNCIL BILL NO. 1412-63 THIRD AND FINAL READING: AN ORDINANCE modif y ing and renewing interim zoning regulations related to recreational marijuana businesses and amending Ordinance No. 3407-14 Mov ed by Council Member Moore, seconded by Council Member Tuohy, that this is declared to be the third and f inal reading of Council Bill No. 1412-63 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, Tuohy NAY S: None Ordinance No. 3424-15 adopted. ACTION ITEMS: AGREEMENT AMENDED – ON-SITE TRAINING AND SY STEM OPTIMIZATION Mov ed by Council Member Tuohy, seconded by Council Member Moore, to approv e the addendum to the Prof essional Serv ices Agreement with Kronos, Incorporated to include on-site training and sy stem optimization. Roll was called with all council members v oting y es. Motion carried. AGREEMENT – SMITH ISLAND RESTORATION Mov ed by Council Member Roberts, seconded by Council Member Stonecipher, to authorize the May or to sign a Prof essional Serv ices Agreement with ICF Jones & Stokes, Inc. f or permitting and design f or the Smith Island Restoration project in the amount of $261,803.00. Roll was called with all council members v oting y es.  Motion carried. BID AWARD – 2015 BIOSOLIDS REMOVAL Mov ed by Council Member Murphy, seconded by Council Member Tuohy, to award the 2015 Biosolids Remov al project contract to the lowest responsiv e bidder, Jansen, Inc., f rom Ferndale, WA, in the amount of $562,600.00 and authorize the May or to sign the contract. 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 8:23 p.m. and reconv ened at 8:33 p.m. Ramsey Ramerman, Assistant City Attorney, requested that the City Council authorize the f iling of a proactiv e Public Records Act litigation declaratory judgment lawsuit by the city of Ev erett regarding the Ev erett Police Department’s obligation to produce certain records f rom inv estigativ e f iles. Mov ed by Council Member Gipson, seconded by Council Member Roberts, to approv e the action as requested. Roll was called with all council members v oting y es. Motion carried. The council meeting adjourned at 8:34 p.m. ________________________________ Deputy City Clerk Read and approv ed as printed. ________________________________ Council President