Everett City Council

October 21, 2015 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., October 21, 2015, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Bader presiding. Upon roll call, it was found that Council Members Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, and Tuohy were present. Mayor Stephanson was excused. Council Member Moore led the Pledge of Allegiance. The minutes of the October 14, 2015, City Council meeting were approved as printed. MAYOR Mayor Stephanson was excused. COUNCIL Council Member Murphy announced that Dr. Gary Goldbaum, Health Officer and Director of the Snohomish Health District, will be present at the Tuesday, November 10, 2015, City Council meeting to brief council members and the public about current events affecting the organization. Council Member Murphy also reported on topics from today's Budget and Finance Subcommittee meeting. Council Member Roberts reported that he attended the Transportation Advisory Committee meeting last Thursday. He distributed a Connecting Washington Projects list, which includes projects that were included in the transportation package that was passed by the Legislature. Council Member Roberts reported that he is currently working with City and Snohomish County staff regarding housing issues. He requested a meeting of the General Government Subcommittee be scheduled for December 2, 2015, following a visit from Mr. Pendleton, state of Utah, and an Association of Washington Cities' forum, which is tentatively scheduled for December 1, 2015. Council Member Roberts thanked the planning staff for their excellent work on the 2015- 2035 Comprehensive Plan update. 326  October 21, 2015 President Bader confirmed a meeting of the General Government Subcommittee will be scheduled for Wednesday, December 2, 2015. Council Member Tuohy announced that the Public Safety Subcommittee meeting will meet on Wednesday, November 18, 2015. She stated the agenda will be distributed in the next few days. Council Member Moore requested the November 18, 2015, Public Safety Subcommittee meeting be rescheduled due to a scheduling conflict. He provided a liaison report on today' s Public Facilities District Board meeting. President Bader reported on his attendance Saturday at the Green Everett Day event sponsored by the Forterra Green Everett Partnership. Council Member Bader suggested that information about the State legislative transportation package be shared with neighborhood groups. CITY ATTORNEY City Attorney Iles had no comments. ADMINISTRATION UPDATE ON PRIOR BUSINESS Debra Bryant, Administration, had no report. CITIZEN COMMENTS Paul Sparks, Everett, spoke about events at the Everett Gospel Mission, and he urged the Council to place a moratorium on 501( c)( 3) organizations until structured requirements can be developed. 327  October 21, 2015 COUNCIL BRIEFING AGENDA: COUNCIL BILL 1509- 40 SECOND READING: AN ORDINANCE amending the City' s Aggressive Begging Ordinance, Chapter 9. 52 of the Everett Municipal Code, and establishing a program to encourage alternatives to Direct Donations to Panhandlers Presented by David Hall, Legal Council Member Stonecipher stated that a revision to the proposed ordinance was emailed to council members; however, the revised document was not included in the Council packet or posted on the City website for public viewing prior to tonight' s meeting. City Attorney Iles stated that changes to the proposed ordinance have been legally presented. Deputy City Attorney Hall described the revisions to the proposed ordinance. Moved by Stonecipher, seconded by Council Member Tuohy, to consider this the first of three readings of the proposed ordinance to allow time for public review. Roll was called with all members voting yes, except Council Members Murphy, Roberts, Moore, and Bader who voted no. Motion failed. Reverend Bill Kirlin- Hackett, Lynnwood, spoke against the criminalization of panhandling, and he discouraged the Council from moving forward with the proposed ordinance. 328  October 21, 2015 Mike Lapointe, Everett, also spoke about criminalizing the homeless. He encouraged the use of laws already on the books to address problems with mental health and drug abuse. Gary Watts, Everett, encouraged the Council to take action to stop the flow of drug addicts through the Everett Gospel Mission. Melissa Springer, Everett, spoke about the threat of ACLU action, and she urged the Council to move forward with action to protect the citizens of Everett. PROPOSED ACTION AGENDA: COUNCIL BILL 1509- 41 SECOND READING: AN ORDINANCE creating a Special Improvement Project entitled 4th Everett Mall Way — Avenue to East Mall Drive Intersection Safety," Fund 303, Program 106 to accumulate all costs for the improvement COUNCIL BILL 1509- 42 SECOND READING: AN ORDINANCE creating a Special Improvement Project entitled West Marine View Drive and Alverson Boulevard Pedestrian and Bicycle Safety," Fund 303, Program 107 to accumulate all costs for the improvement CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Roberts, to approve the following consent items: 329  October 21, 2015 RESOLUTION - CLAIMS To adopt Resolution No. 6907 acknowledging the payment of audited and approved claims against the City of Everett in the amount of 1, 642, 776. 64 for the period of October 3, through October 9, 2015. RESOLUTION - PAYROLL To adopt Resolution No. 6908 acknowledging payment of audited and approved payroll claims against the City of Everett in the amount of$ 3, 617, 833. 80 for the period ending October 3, 2015. STREET CLOSURE —WINTERTIDE CELEBRATION To authorize the closure of the Everett Performing Arts Center easement between Wetmore Ave. and the alley, on December 3, 2015, from 2 p. m. to 9 p. m., for a Wintertide Celebration sponsored by the City of Everett. Roll was called with all council members voting yes. Motion carried. PUBLIC HEARING —WATSON' S BAKERY BUILDING President Bader opened a public hearing regarding a proposed resolution placing Watson' s Bakery Building at 1812 Hewitt Avenue on the Everett Register of Historic Places. Council President Bader invited public comment. Russel Hermes, Everett, spoke about the revitalization of the Watson' s Bakery Building, and encouraged the Council to adopt the proposed designation. Moved by Council Member Roberts, seconded by Council Member Murphy, to close the public hearing. 330  October 21, 2015 Roll was called with all council members voting yes. Motion carried. RESOLUTION —WATSON' S BAKERY BUILDING Moved by Council Member Roberts, seconded by Council Member Tuohy, to adopt Resolution No. 6909 placing Watson' s Bakery Building at 1812 Hewitt Avenue on the Everett Register of Historic Places. Roll was called with all council members voting yes. Motion carried. PUBLIC HEARING —COUNCIL BILL NO. 1509- 31 President Bader opened a public hearing regarding Council Bill No. 1509- 31, a proposed ordinance levying the general taxes for the City of Everett for fiscal year commencing January 1, 2016, on all taxable property, both real and personal, subject to taxation thereon, for the purpose of raising a portion of the revenue to carry on City operations for the ensuing year, as required by the Charter of the City of Everett and the laws of the State of Washington. Council President Bader invited public comment. There were no citizens who wished to speak. Moved by Council Member Roberts, seconded by Council Member Stonecipher, to close the public hearing. Roll was called with all council members voting yes. Motion carried. 331  October 21, 2015 COUNCIL BILL NO. 1509- 31 THIRD AND FINAL READING: AN ORDINANCE levying the general taxes for the City of Everett for fiscal year January 1, 2016, on all commencing taxable property, both real and personal, subject to taxation thereon, for the purpose of raising a portion of the revenue to carry on City operations for the ensuing year, as required by the Charter of the City of Everett and the laws of the State of Washington Moved by Council Member Roberts, seconded by Council Member Tuohy, that this is declared to be the third and final reading of Council Bill No. 1509- 31 and the city clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3453- 15 adopted. PUBLIC HEARING —COUNCIL BILL NO. 1509- 32 President Bader opened a public hearing regarding Council Bill No. 1509- 32, a proposed ordinance adopting the 2015-2035 Comprehensive Plan Update, amending Ordinance No. 2021- 94, as amended Allan Giffen, Planning, thanked the Everett Planning Commission and City staff for their contributions to the plan update. He stated that responses were prepared by staff to address concerns submitted last week by Mr. Fred Brown and Futurewise. Council President Bader invited public comment. 332  October 21, 2015 Fred Brown, Everett, provided a rebuttal to Allan Giffen' s October 19, 2015, memorandum, which was in response to Mr. Brown' s testimony provided to Council on October 14, 2015. Moved by Council Member Roberts, seconded by Council Member Murphy, to close the public hearing. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL NO. 1509- 32 THIRD AND FINAL READING: AN ORDINANCE adopting the 2015- 2035 Comprehensive Plan Update, amending Ordinance No. 2021- 94, as amended Moved by Council Member Roberts, seconded by Council Member Moore, that this is declared to be the third and final reading of Council Bill No. 1509- 32 and the city clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3454- 15 adopted. PUBLIC HEARING — COUNCIL BILL NO. 1509- 33 President Bader opened a public hearing regarding Council Bill No. 1509- 33, a proposed ordinance amending the Comprehensive Plan Map and rezoning properties at 2514 to 2526 Wetmore Avenue and amending the Downtown Subarea Plan, Planned Action for Downtown Everett, and B- 3 333  October 21, 2015 regulations to include the amending Ordinance Nos. 2021- properties, 94. 1671- 89, 2921- 06, 2923- 06 and 3128- 09, as amended. Council President Bader invited public comment. Reid Shockey, Shockey Planning Group, Everett, spoke on behalf of his client who develops mixed- use development. He encouraged Council to support the proposed ordinance. Moved by Council Member Moore, seconded by Council Member Stonecipher, to close the public hearing. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL NO. 1509- 33 THIRD AND FINAL READING: AN ORDINANCE amending the Comprehensive Plan Map and rezoning properties at 2514 to 2526 Wetmore Avenue and amending the Downtown Subarea Plan, Planned Action for Downtown Everett, and B- 3 regulations to include the properties, amending Ordinance Nos. 2021- 94. 1671- 89, 2921- 06, 2923- 06 and 3128- 09, as amended Moved by Council Member Moore, seconded by Council Member Tuohy, that this is declared to be the third and final reading of Council Bill No. 1509- 33 and the city clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: Moore Ordinance No. 3455- 15 adopted. 334  October 21, 2015 PUBLIC HEARING — COUNCIL BILL NO. 1509- 34 President Bader opened a public hearing regarding Council Bill No. 1509- 34, a proposed ordinance amending the Comprehensive Plan and Zoning Code to allow residential use in the Everett Station Area as Part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance Nos. 2853- 05, 2854- 05, 2021- 94 and 1671- 89, as amended Council President Bader invited public comment. 36th Gary Kenna, Mukilteo, inquired about the boundary for Street. 36th Allan Giffen, Planning, stated the boundary is the center line of Street. Moved by Council Member Roberts, seconded by Council Member Murphy, to close the public hearing. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL NO. 1509- 34 THIRD AND FINAL READING: AN ORDINANCE amending the Comprehensive Plan and Zoning Code to allow residential use in the Everett Station Area as Part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance Nos. 2853- 05, 2854-05, 2021- 94 and 1671- 89, as amended Moved by Council Member Murphy, seconded by Council Member Moore, that this is declared to be the third and final reading of Council Bill No. 1509- 34 and the city clerk is directed to call the roll for the final disposition of the ordinance. 335  October 21, 2015 AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3456- 15 adopted. PUBLIC HEARING —COUNCIL BILL NO. 1509- 35 President Bader opened a public hearing regarding Council Bill No. 1509- 35, a proposed ordinance amending Critical Area and Floodplain Regulations as Part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance Nos. 2909- 06 and 1671- 89, as amended Council President Bader invited public comment. Brent Sisco, Acrowood Corporation, Everett, commented on the impacts of the revised floodplain maps on the company's use of its property. He stated Acrowood is not in favor of the early adoption of a floodplain. Planning Director Allan Giffen responded that the floodplain revisions recommended by City staff and the Planning Commission do not adopt the new 2010 FEMA floodplain map. He stated that the recommendation is to maintain the 2005 FEMA map, which would not put Acrowood within the 100- year floodplain. Moved by Council Member Murphy, seconded by Council Member Roberts, to close the public hearing. Roll was called with all council members voting yes. Motion carried. 336  October 21, 2015 COUNCIL BILL NO. 1509- 35 THIRD AND FINAL READING: AN ORDINANCE amending Critical Area and Floodplain Regulations as Part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance Nos. 2909- 06 and 1671- 89, as amended Moved by Council Member, seconded by Council Member, that this is declared to be the third and final reading of Council Bill No. 1509- 35 and the city clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3457- 15 adopted. PUBLIC HEARING — COUNCIL BILL NO. 1509- 36 President Bader opened a public hearing regarding Council Bill No. 1509- 36, a proposed ordinance establishing Land Use Regulations for Airport Compatibility as part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance Nos. 1671- 89 and 1847- 92, as amended. Council President Bader invited public comment. Bill Macisaac, Mukilteo, asked if the intent of the proposed ordinance was to encourage aircraft-type businesses to move closer to the airport. Allan Planning, stated it is not intended to be an ordinance Giffen, encouraging aerospace- related businesses, as they are already allowed in the industrial zones around the airport. He stated that the intent is to address the height of structures, in particular in runway approach zones, but it does not grant exemptions to any buildings in excess of 30 feet. 337  October 21, 2015 Moved by Council Member Roberts, seconded by Council Member Stonecipher, to close the public hearing. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL NO. 1509- 36 THIRD AND FINAL READING: AN ORDINANCE establishing Land Use Regulations for Airport Compatibility as part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance Nos. 1671- 89 and 1847- 92, as amended Moved by Council Member Roberts, seconded by Council Member Moore, that this is declared to be the third and final reading of Council Bill No. 1509- 36 and the city clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3458- 15 adopted. PUBLIC HEARING —COUNCIL BILL NO. 1509- 37 President Bader opened a public hearing regarding Council Bill No. 1509- 37, a proposed ordinance amending the definition of Family as part of the 2015-2035 Comprehensive Plan Update, amending Ordinance No. 1847- 92, as amended. Council President Bader invited public comment. There were no citizens who wished to speak. 338  October 21, 2015 Moved by Council Member Gipson, seconded by Council Member Murphy, to close the public hearing. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL NO. 1509- 37 THIRD AND FINAL READING: AN ORDINANCE amending the definition of Family as part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance No. 1847- 92, as amended Moved by Council Member Tuohy, seconded by Council Member Murphy, that this is declared to be the third and final reading of Council Bill No. 1509- 37 and the city clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3459- 15 adopted. PUBLIC HEARING —COUNCIL BILL NO. 1509- 38 President Bader opened a public hearing regarding Council Bill No. 1509- 38, a proposed ordinance amending specifying issues that must be addressed in Written Findings for Subdivisions as part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance Nos. 2328- 98 and 2530- 01. Council President Bader invited public comment. There were no citizens who wished to speak. 339  October 21, 2015 Moved by Council Member Murphy, seconded by Council Member Moore, to close the public hearing. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL NO. 1509- 38 THIRD AND FINAL READING: AN ORDINANCE amending specifying issues that must be addressed in Written Findings for Subdivisions as part of the 2015- 2035 Comprehensive Plan Update, amending Ordinance Nos. 2328- 98 and 2530- 01 Moved by Council Member Murphy, seconded by Council Member Stonecipher, that this is declared to be the third and final reading of Council Bill No. 1509- 38 and the city clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3460- 15 adopted. PUBLIC HEARING — REVIEW/ UPDATE OF COMPREHENSIVE PLAN AND REGULATIONS President Bader opened a public hearing regarding a resolution declaring the periodic review and update of the Comprehensive Plan and Regulations complete. Council President Bader invited public comment. There were no citizens who wished to speak. 340  October 21, 2015 Moved by Council Member Stonecipher, seconded by Council Member Moore, to close the public hearing. Roll was called with all council members voting yes. Motion carried. RESOLUTION — REVIEW AND UPDATE OF COMPREHENSIVE PLAN AND REGULATIONS Moved by Council Member Murphy, seconded by Council Member Stonecipher, to adopt Resolution No. 6910 declaring the periodic review and update of the Comprehensive Plan and Regulations complete. Roll was called with all council members voting yes. Motion carried. ACTION ITEMS: RESOLUTION — PROPERTY TAX LEVY LIMIT Moved by Council Member Moore, seconded by Council Member Roberts, to adopt Resolution No. 6911 finding a substantial need for using the 101% limit factor under Chapter 84. 55 RCW with regard to the levying of general and emergency services property taxes and authorizing the same to be used to fund the City General Fund and the Emergency Medical Services Fund. Roll was called with all council members voting yes, except Council Member Gipson who voted no. Motion carried. 341  October 21, 2015 COUNCIL BILL 1509- 39 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project entitled " Citywide Streetlight LED Conversion," Fund 303, Program 108 to accumulate all costs for the improvement Moved by Council Member Roberts, seconded by Council Member Stonecipher, that this is declared to be the third and final reading of Council Bill No. 1509- 39 and the city clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Gipson, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3461- 15 adopted. AGREEMENT AMENDED —ENTMOBILITY SUITE Moved by Council Member Moore, seconded by Council Member Tuohy, to authorize the Mayor to sign the amendment to the City' s Microsoft Enterprise Agreement adding EntMobility Suite for an additional amount of $ 13, 719. 06, including Washington State Sales tax. Roll was called with all council members voting yes. Motion carried. 342  October 21, 2015 AGREEMENT AMENDED —SEWER SYSTEM FLOW MONITORING SERVICES Moved by Council Member Murphy, seconded by Council Member Stonecipher, to authorize the Mayor to sign Amendment No. 4 with SFE Global, extending the sewer system flow monitoring services through 2018, for an additional amount of$ 450, 000. 00. Roll was called with all council members voting yes. Motion carried. The City Council meeting adjourned at 8: 22 p. m. 1_i ii), City Clerk Read and approved as printed. c: j21.,i1Q65, Council President 343