Everett City Council

April 19, 2017 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., April 19, 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 Council Members Roberts, Moore, Murphy, Franklin, Bader, Stonecipher, and Tuohy were present. Mayor Stephanson was excused. Members of Boy Scout Troop 20 led the Pledge of Allegiance. The minutes of the April 12, 2017, City Council meeting were approved as printed. MAYOR Mayor Stephanson was excused. COUNCIL Council Member Franklin commented on her attendance at the State of the Station at the Naval Base. She also provided her liaison report from the Bayside Neighborhood meeting. Council Member Roberts commented on his attendance at the State of the Station and at the CleanTech Alliance Program hosted by the Economic Alliance of Snohomish County. He also stated the General Government Subcommittee is scheduled to meet at 5: 15 p. m. on May 17 in the Council Chambers. Council Member Moore provided a report from the Public Facilities District meeting. He thanked the Mayor for writing a letter to the Governor regarding state funding for Xfinity Arena, and encouraged citizens to attend events at the arena. Council Member Murphy stated he also attended the State of the Station event. He commented on the Council Retreat held on Saturday and looked forward to the report they will be receiving. He provided a liaison report from the Lowell and Delta Neighborhoods meetings, and the Fire Pension Board meeting held Wednesday morning. 127  April 19, 2017 President Tuohy thanked staff for helping with Saturday's Council Retreat. She commented on her attendance at the Library Board meeting, where the Board received their annual report. She announced the first presentation on the Evergreen Branch Expansion will take place on May 16. She stated the William F. Brown Awards ceremony, sponsored by the Everett Historical Commission, is scheduled for May 6, 10 a. m. in the Weyerhaeuser Room at the Everett Station. ADMINISTRATION UPDATE ON PRIOR BUSINESS Debra Bryant, Administration, had no report. CITY ATTORNEY City Attorney Iles had no comments. CITIZEN COMMENTS Aaron Powell, Everett, discussed crime in the city and the low- barrier housing project. COUNCIL BRIEFING AGENDA: Snohomish County Tourism Update. Presented by Amy Spain, Executive Director, Snohomish County Tourism Bureau Concur with Mayor's appointment of Hearing Examiner and Authorize the Mayor to execute a Personal Services Contract with Sharon Rice as the Land Use and Code Enforcement Hearing Examiner for a term of four years beginning August 1, 2017. Presented by Katie Rathbun, Legal Council Member Murphy inquired about the termination provisions in the contract. 128  April 19, 2017 Katie Rathbun and City Attorney Jim Iles stated they would look into the contract and report back with the termination provisions. COUNCIL BILL 1704- 19 FIRST READING: AN ORDINANCE amending the Zoning Regulations for Accessory Dwelling Units, Section 7 ( J) of Ordinance No. 3534- 17 ( EMC 19. 07. 030. J.) Presented by Allan Giffen, Planning COUNCIL BILL 1704- 20 FIRST READING: AN ORDINANCE creating a Special Improvement Project entitled Parks Sport Courts Renovations", Fund 354, Program 053, to accumulate all cost for the Improvement Project Presented by John Petersen, Parks COUNCIL BILL 1704- 21 FIRST READING: AN ORDINANCE creating a Special Improvement Project entitled Parks Playground Renovations", Fund 354, Program 052, to accumulate all costs for the improvement project Presented by John Petersen, Parks Authorize the Mayor to sign Amendment No. 3 to Premier Golf Centers, LLC Management Agreement Presented by Lori Cummings, Parks CONSENT ITEMS: Moved by Council Member Moore, seconded by Council Member Roberts, to approve the following consent items: 129  April 19, 2017 RESOLUTION - CLAIMS To adopt Resolution No. 7105 acknowledging the payment of audited and approved claims against the City of Everett in the amount of 2, 516, 698. 14 for the period of April 1, 2017, through April 7, 2017. RESOLUTION - PAYROLL To adopt Resolution No. 7106 acknowledging payment of audited and approved payroll claims against the City of Everett in the amount of 3, 954, 794.89 for the period ending April 1, 2017. BID CALL — ANNUAL SUPPLY OF WATER METER INSTALLATION PARTS To approve Bid Call 2017- 027 for an annual supply of water meter Installation Parts PROJECT COMPLETE - EAST GRAND AVENUE SEWER REPLACEMENT AND STORM SEPARATION To accept the East Grand Avenue Sewer Replacement and Storm Separation Project as complete and authorize the Mayor to sign the Certificate of Completion with KLB Construction, Inc. releasing the retainage bond. Roll was called with all council members voting yes. Motion carried. PUBLIC HEARING — COUNCIL BILL 1701- 06 President Tuohy opened a public hearing regarding Council Bill No. 1701- 06, a proposed ordinance regulating For- Hire Vehicles and repealing Ordinance 2297- 98 ( Chapter 5. 68 EMC) as amended. Katie Rathbun, Legal, provided an overview of the updates to the ordinance, which was tabled at the February 8 meeting. She also addressed issues 130  April 19, 2017 that were emailed to Council from transportation network companies TNCs) earlier in the day. Discussion ensued about the insurance requirements, business licensing, TNCs acting as couriers, access to public records regarding drivers, driver background checks, and reviewing the regulations in a rapidly changing industry. Mark Ford, Seattle, James Lockhart, Everett, Caleb Weaver, Seattle, Sharon Booker, Everett, and Joseph Erikson, Everett, all spoke in opposition to the proposed ordinance. Moved by Council Member Stonecipher, seconded by Council Member Roberts to table Council Bill 1701- 06, a proposed ordinance regulating For- Hire Vehicles and repealing Ordinance 2297- 98 ( Chapter 5. 68 EMC) as amended Roll was called with all council members voting yes. Motion carried. The public hearing will remain open. PUBLIC HEARING — RESOLUTION President Tuohy opened a public hearing regarding a proposed 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. David Stalheim, Planning, provided an overview of the resolution. President Tuohy stated the Council received emails from citizens Casey Harrison and Ben Zarlingo supporting the resolution. Lori Powlas, Everett, spoke in support of the resolution. 131  April 19, 2017 Moved by Council Member Roberts, seconded by Council Member Moore, to close the public hearing. Roll was called with all council members voting yes. Motion carried. RESOLUTION —APPLICATION FROM ISAAC LIU Moved by Council Member Roberts, seconded by Council Member Stonecipher to adopt Resolution 7107, 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. Roll was called with all council members voting yes. Motion carried. PUBLIC HEARING — COUNCIL BILL 1703- 16 President Tuohy opened a public hearing regarding Council Bill 1703- 16, a proposed ordinance amending the Comprehensive Plan Map Designation with a Rezone for the property located at 12704 19th Avenue SE, amending Ordinance No' s 2021- 94 and 1671- 89, as amended. David Stalheim, Planning, provided an overview on the ordinance. Michael Brick, Traffic Engineering, clarified questions about turn lanes and sidewalks around the property. Moved by Council Member Stonecipher, seconded by Council Member Bader, to close the public hearing. 132  April 19, 2017 Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 1703- 16 THIRD AND FINAL READING: AN ORDINANCE amending the Comprehensive Plan Map Designation with a Rezone for the property located at 12704 19th Avenue SE, amending Ordinance No' s 2021- 94 and 1671- 89, as amended Moved by Council Member Murphy, seconded by Council Member Franklin, that this is declared to be the third and final reading of Council Bill No. 1703- 16, and the city clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Franklin, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3541- 17 adopted. PUBLIC HEARING — COUNCIL BILL 1703- 17 President Tuohy opened a public hearing regarding Council Bill 1703- 17, a proposed ordinance amending the Comprehensive Plan Map Designation and Zoning Map from Residential to Park for City- Owned Century Park, amending Ordinance No' s 2021- 94 and 1671- 89, as amended. David Stalheim, Planning, provided a brief overview of the ordinance. Aaron Powell, Everett, asked why the City was changing this to a park at this time. Moved by Council Member Moore, seconded by Council Member Roberts, to close the public hearing. 133  April 19, 2017 Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 1703- 17 THIRD AND FINAL READING: AN ORDINANCE amending the Comprehensive Plan Map Designation and Zoning Map from Residential to Park for City- Owned Century Park, amending Ordinance No' s 2021- 94 and 1671- 89, as amended Moved by Council Member Franklin, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 1703- 17, and the city clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Franklin, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3542- 17 adopted. PUBLIC HEARING —COUNCIL BILL 1703- 18 President Tuohy opened a public hearing regarding Council Bill 1703- 18, a proposed 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. David Stalheim, Planning, provided an overview to the ordinance. Moved by Council Member Roberts, seconded by Council Member Bader, to close the public hearing. 134  April 19, 2017 Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 1703- 18 THIRD AND FINAL 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 Moved by Council Member Roberts, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 1703- 17, and the city clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Franklin, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3543- 17 adopted. PUBLIC HEARING — RESOLUTION President Tuohy opened a public hearing regarding a proposed resolution declaring the 2016- 17 Comprehensive Plan Annual Docket Review compete. David Stalheim, Planning, stated that this resolution accepts the previous three council bills, and they are complete for the docket cycle. Moved by Council Member Franklin, seconded by Council Member Bader, to close the public hearing. 135  April 19, 2017 Roll was called with all council members voting yes. Motion carried. RESOLUTION — 2016- 17 COMPREHENSIVE PLAN ANNUAL DOCKET REVIEW Moved by Council Member Roberts, seconded by Council Member Moore to adopt Resolution 7108, declaring the 2016- 17 Comprehensive Plan Annual Docket Review complete. Roll was called with all council members voting yes. Motion carried. ACTION ITEMS: COUNCIL BILL 1703- 14 THIRD AND FINAL READING: AN ORDINANCE approving the appropriations of the 2017 revised City of Everett Budget and amending Ordinance No. 3523- 16 Moved by Council Member Murphy, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 1703- 14, and the city clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Franklin, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3544- 17 adopted. 136  April 19, 2017 AGREEMENT - FOREST PARK SWIM CENTER Moved by Council Member Murphy, seconded by Council Member Franklin, to authorize the Mayor to sign the Professional Services Agreement with Salas O' Brien for Forest Park Swim Center electrical systems evaluation, design and construction documents. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 1703- 15 THIRD AND FINAL 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 Moved by Council Member Moore, seconded by Council Member Stonecipher, that this is declared to be the third and final reading of Council Bill No. 1703- 15. Moved by Council Member Murphy, seconded by Council Member Bader, to amend the proposed ordinance, revising the total cost from 790, 000 to $ 745, 000. Roll was called with all council members voting yes. Motion carried. Moved by Council Member Murphy, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 1703- 15, and the city clerk is directed to call the roll for the final disposition of the ordinance, as amended. 137  April 19, 2017 AYES: Roberts, Moore, Murphy, Franklin, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3545- 17 adopted. RESOLUTION —ABATEMENT COSTS Moved by Council Member Bader, seconded by Council Member Roberts, to adopt Resolution No. 7109 authorizing recovery of abatement costs pursuant to Everett Municipal Code 1. 20. 090 at 1510 Walnut Street, Everett, Washington, in the amount of $3, 567. 54. Roll was called with all council members voting yes. Motion carried. RESOLUTION —ABATEMENT COSTS Moved by Council Member Moore, seconded by Council Member Bader, to adopt Resolution No. 7110 authorizing recovery of abatement costs pursuant to Everett Municipal Code 1. 20. 090 at 5401 South 4th Avenue, Everett, Washington, in the amount of$ 2, 313. 01. Roll was called with all council members voting yes. Motion carried. RESOLUTION —ABATEMENT COSTS Moved by Council Member Murphy, seconded by Council Member Bader, to adopt Resolution No. 7111 authorizing recovery of abatement costs pursuant to Everett Municipal Code 1. 20. 090 at 522 94th Street S. W., Everett, Washington, in the amount of$ 4, 936. 66. 138  April 19, 2017 Roll was called with all council members voting yes. Motion carried. AGREEMENT —EMERGENCY OPERATIONS CENTER Moved by Council Member Franklin, seconded by Council Member Moore, to authorize the Mayor to sign the Homeland Security Grant Agreement with Snohomish County to receive grant funds to purchase a projector for the Emergency Operations Center, in the amount of 3, 200. Roll was called with all council members voting yes. Motion carried. AGREEMENT —IN SERVICE TRAINING SESSIONS Moved by Council Member Roberts, seconded by Council Member Bader, to authorize the Mayor to sign the Interlocal Government Agreement regarding In- Service Training Sessions with Marysville and Lake Stevens Fire Districts. Roll was called with all council members voting yes. Motion carried. Council Member Moore announced that Xfinity Arena will be going through an RFP process to evaluate naming rights. The City Council meeting adjourned at 9: 34 p. m. ki L4/ 4-t- City Clerk d gnee 139  April 19, 2017 Read and approved as printed. C ncil President 140