Everett City Council

April 5, 2017 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., April 5, 2017, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Tuohy presiding. Upon roll call, it was found that Mayor Stephanson and Council Members Roberts, Moore, Murphy, Franklin, and Tuohy were present. Council Members Bader and Stonecipher were excused. Council Member Franklin led the Pledge of Allegiance. The minutes of the March 29, 2017, City Council meeting were approved as printed. MAYOR Mayor Stephanson had no comments. COUNCIL Council Member Franklin reported on her attendance at an NAACP Allied Action event held last weekend. She also commented on today' s Community Streets Initiative meeting, and announced an official public hearing on the low-barrier housing project will be held the evening of May 18 in the Weyerhaeuser Room. Council Member Franklin also stated a video of the " Beyond the Streets Addiction" forum is now available on the City website. She also stated the City has been working on how to address the challenges that encampments present and the public will have an opportunity to weigh in. President Tuohy stated that at the February 8 meeting, Council requested the proposed for- hire ordinance be returned to the Public Safety Subcommittee for consideration of several amendments. She said the Public Safety Subcommittee did consider the proposed amendments; however, staff requested the proposed ordinance be held pending the outcome of a pending legislative bill that would regulate transportation network companies ( TNCs). President Tuohy announced the bill has failed and requested staff bring back the proposed ordinance for a public hearing and third and final reading on April 19, 2017. 106  April 5, 2017 Council Member Murphy requested that council members be provided a red- lined copy of the proposed for-hire ordinance, as well as a final draft. President Tuohy also invited citizens to attend the City Council Retreat, which will be held in the City Council Chambers on Saturday, April 15, 2017, from 8: 00 a. m. to noon. ADMINISTRATION UPDATE ON PRIOR BUSINESS Debra Bryant, Administration, had no report. CITY ATTORNEY The City Attorney had no comments. CITIZEN COMMENTS Jackie Minchew, Everett, thanked Council Members Roberts and Murphy for bringing forward the climate action plan next steps proposal last week. He provided a reminder that there will be an Earth Day event held on Saturday, April 22, 2017, 6: 30 p. m., at Marysville Evergreen Unitarian Universalist Fellowship and 350 Everett plans to hold a " People' s Climate March" in Everett on Saturday, April 29, 2017. Aaron Powell, Everett, expressed concern about the allowed use of drugs by individuals who will be living in low- barrier housing and the close proximity of the facility to neighboring homes with children. Mark Ford, Seattle, spoke about the proposed for- hire ordinance and his opposition of Uber' s business practices. 107  April 5, 2017 COUNCIL BRIEFING AGENDA: COUNCIL BILL 1703- 14 FIRST READING: AN ORDINANCE approving the appropriations of the 2017 revised City of Everett Budget and amending Ordinance No. 3523- 16 Presented by Susy Haugen, Finance Council Member Roberts asked if the U. S. Department of Justice Marshals Service funding for training was limited to criminal or if civil was included. Debra Bryant, Administration, stated she would contact the grant coordinator and report back to Council. COUNCIL BILL 1703- 15 FIRST READING: AN ORDINANCE creating a special improvement project entitled Police Headquarters Masonry Restoration Project," Fund 342, Program 020, to accumulate all costs for the improvement project and repealing Ordinance 3481- 16 Presented by Chris Lark, Facilities Council Member Murphy inquired about the need for a $ 75, 000 contingency when the project is 85% complete. He suggested the Council revisit during the second reading to determine if $ 75, 000 is the right amount. Debra Bryant stated she would like to discuss with staff to determine if an amendment is needed for the second and third readings of the ordinance. President Tuohy explained that staff would be providing a briefing ( Items 3- 7) on the annual amendments to the Comprehensive Plan, and because the Growth Management Act limits amendments to once per year, the Council must act on the amendments as a package. 108  April 5, 2017 President Tuohy announced that Council action is scheduled for April 19, 2017, following the comment period and public hearing. She also explained that three of the proposals ( Items 3- 5) are site- specific amendments to the comprehensive plan and zoning map and will be handled as quasi-judicial matters. Applicants and interested members of the public must refrain from contacting members of the Council or Mayor outside of the public hearing process, and any contacts must be disclosed by council members. She directed anyone from the public wishing to provide comments to send them in writing to the City council and/ or attend the public hearing scheduled for April 19. President Tuohy asked council members to disclose any real or potential conflicts or concerns. Council Member Roberts stated for the record that questions came up generally at the Silver Lake Neighborhood meeting, and he indicated he was unable to discuss anything that could come forward. President Tuohy asked if any member of the audience had any objection to any council member' s participation ( Items 3- 7). There were no comments. Adopt Resolution denying an application from Isaac Liu ( Rich Trend Properties) to amend the Comprehensive Plan Land Use Map from 1. 2 to 1. 3 and Zoning Map from R- 1 to R- 1( A) for 8 lots at 2220 116th Street SE. Presented by David Stalheim, Planning COUNCIL BILL 1703- 16 FIRST READING: AN ORDINANCE amending the Comprehensive Map Plan Designation with a Rezone for the property located at 12704 19th Avenue SE, amending Ordinance No' s 2021- 94 and 1671- 89, as amended Presented by David Stalheim, Planning 109  April 5, 2017 Council Member Moore commented on the difficulty in connecting the development of the new property and the old property and asked for additional information from staff. Debra Bryant stated she would work with staff to get additional information. COUNCIL BILL 1703- 17 FIRST READING: AN ORDINANCE amending the Comprehensive Map Plan Designation and Zoning Map from Residential to Park for city- owned Century Park, amending Ordinance No' s 2021- 94 and 1671- 89, as amended Presented by David Stalheim, Planning COUNCIL BILL 1703- 18 FIRST READING: AN ORDINANCE amending the text of the Comprehensive Plan to update the Housing Element, Transportation Element, Capital Facilities and Utilities Element, and Parks and Recreation Element, amending Ordinance No. 2021- 94, as amended as part of the Annual Docket for 2016- 2017 Presented by David Stalheim, Planning Adopt Resolution declaring the 2016- 17 Comprehensive Plan Annual Docket review complete. Presented by David Stalheim, Planning 110  April 5, 2017 PROPOSED ACTION ITEMS: COUNCIL BILL 1703- 12 SECOND READING: AN ORDINANCE imposing local sales and use tax to be credited against the State Sales and Use Tax for purposes of utilizing Local Infrastructure Financing under Chapter 39. 102 of the RCW; and providing for other matters relating thereto COUNCIL BILL 1703- 13 SECOND READING: AN ORDINANCE closing a special improvement project entitled 2015 Federal Overlay Project," Fund 303, Program 102, as established by Ordinance No. 3425- 15 CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Moore, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7098 acknowledging the payment of audited and approved claims against the City of Everett in the amount of 1, 028, 814. 96 for the period of March 18, 2017, through March 24, 2017. RESOLUTION — ELECTRONIC TRANSFERS To adopt Resolution No. 7099 acknowledging the payment of audited and approved electronic transfers against the City of Everett in the amount of $ 6, 287, 515. 27 for the period of January 1, 2017, through January 31, 2017. 111  April 5, 2017 Roll was called with all council voting yes, members except Council Members Bader and Stonecipher who were excused. Motion carried. ACTION ITEMS: RESOLUTION — GRANT APPLICATION TO FINANCE PLANNING FOR AN INNOVATION CENTER Moved by Council Member Roberts, seconded by Council Member Franklin to adopt Resolution No. 7100 authorizing the submittal of a Washington State Department of Commerce Community Economic Revitalization Board grant application to aid in financing the cost of planning for an Innovation Center and authorize the Mayor to sign documents required to accept and implement any award of the grant. Roll was called with all voting yes, council members except Council Members Bader and Stonecipher who were excused. Motion carried. COUNCIL BILL 1703- 11 THIRD AND FINAL READING: AN ORDINANCE granting a Telecommunications Franchise to MClmetro Access Transmission Services Corp., doing business as Verizon Access Transmission Services. 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. 1703- 11, and the city clerk was directed to call the roll for the final disposition of the ordinance. 112  April 5, 2017 AYES: Roberts, Moore, Murphy, Franklin, Tuohy NAYS: None EXCUSED: Bader, Stonecipher Ordinance No. 3538- 17 adopted. AGREEMENT AMENDED —REAL ESTATE TRANSACTION Moved by Council Member Moore, seconded by Council Member Franklin, to authorize the Mayor to sign the Transfer Lot Agreement Amendment to Part One of the Amended and Restated Development Agreement between CEMEX and the city substantially in the form provided, with exhibits in the form approved by the City Attorney' s Office, and authorize the Mayor or his designee to take all other actions necessary to close the transaction. Roll was called with all council members voting yes, except Council Members Bader and Stonecipher who were excused. Motion carried. The City Council meeting adjourned at 7: 28 p. m. 1/ 44,10"/ ----- t LiCe--1 City Clerk Read and approved as printed. Cou it Presi• ent 113