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CC MIN 040114City Council Regular Meeting Minutes Tuesday, April 1, 2014 6:00 PM Bothell Municipal Court 10116 NE 183rd Street, Bothell, WA Call to Order /Pledge of Allegiance Mayor Freed called the meeting to order at 6:00 PM and led the Pledge of Allegiance. 1. Roll Call Councilmembers Agnew, Evans, Lamb, Rheaume, Samberg, Deputy Mayor Spivey and Mayor Freed present. 2. Meeting Agenda Approval Mayor Freed announced that he will be absent for the May 13, 2014 City Council meeting. Councilmember Samberg asked that an extra 30 minutes be added for AB #14 -53: Lot L Purchase and Sale Agreement Approval. Deputy Mayor Spivey asked that agenda item # "s 14 -51 and 14 -52 be considered as part of the Consent Agenda. Councilmember Rheaume pulled AB #14 -49 from the Consent Agenda for discussion. 3. Review Projected Agenda There were no changes to the Projected Agenda. 4. Special Presentation a. Proclamation - Autism Awareness Month Mayor Freed proclaimed April, 2014 as Autism Awareness Month and presented the proclamation to Councilmember Lamb. HWAO City Council Meeting Minutes April 1.2014 Page 2 of 6 S. Visitors Q minutes Per speaker) No visitor comments were received. 6. Consent Agenda a. Approval of Minutes: February 11, 2014 Regular /Study Session Meeting & March 11, 2014 Study Session Meeting RECOMMENDED ACTION: Approve Council Meeting Minutes for February 11, 2014 Regular /Study Session Meeting and March 11, 2014 Study Session Meeting. b. AB #14 -47 - Consider Approval of Payroll and Benefits RECOMMENDED ACTION: Approve payroll and benefit direct deposit transactions #2000083664 through #2000084228, in the amount of $1,350,121.97; payroll and benefit checks #34306 through #34366, in the amount of $938,305.90; and payroll tax deposits in the amount of $506,265.97 for February 1 -28, 2014, payroll that were approved and paid by the City Auditor. c. AB #14 -48 - Consider Approval of Repeal of Bothell Municipal Code 5.32: Peddlers RECOMMENDED ACTION: Adopt the proposed Ordinance repealing Chapter 5.32 BMC. PULLED FOR r Downtown Contaminated Soil and GFeundwateF Cleanup RECOMMENDED Manager! Agreement Downtown in substantially the same for-fn as pr-esented, to pr-ovide an eall hazardous e. AB #14 -50 - Consider Approval of an Interlocal Agreement with Snohomish County for Natural Yard Care Public Outreach and Evaluation Program RECOMMENDED ACTION: Authorize the City Manager to enter into an Interlocal Agreement between the City of Bothell and Snohomish County in substantially the same form as presented, to administer a regional Natural Yard Care Public Outreach and Evaluation Program. 113 City Council Meeting Minutes April 1, 2014 Page 3 of 6 f. ADDED to CONSENT: AB #14 -51 - Consider Adoption of Resolutions Authorizing Staff to Pursue State of Washington Recreation and Conservation Office Grants for North Creels Forest and the Park at Bothell Landing RECOMMENDED ACTION: Adopt 1) proposed resolution authorizing the City to apply to RCO for a Land and Water Conservation Fund grant for the North Creek Forest Acquisition; and 2) proposed resolution authorizing the City to apply for a Washington Wildlife and Recreation Program Local Program Grant for Phase 1 Construction at the Park at Bothell Landing. g. ADDED to CONSENT: AB #14 -52 - Consider Adoption of Resolution Declaring Certain Property Surplus and Authorizing the Sale of Such Property (Block L) in Accordance with Bothell Municipal Code Chapter 2.94 RECOMMENDED ACTION: Adopt the proposed resolution declaring certain property surplus and authorizing the sale of such property (Block L) in accordance with Bothell Municipal Code Chapter 2.94 MOTION: Councilmember Agnew moved approval of the Consent Agenda as amended. Councilmember Lamb second. The motion carried 7 -0. Consent Item d: AB #14 -49 - Consider Approval of Supplemental Agreement No. 6 with HWA GeoSciences Inc., to Provide On -call Hazardous Material Services on Downtown Contaminated Soil and Groundwater Cleanup RECOMMENDED ACTION: Authorize the City Manager to enter into Supplemental Agreement No. 6 with HWA GeoSciences, Inc., in the amount of $1,500,000, and in substantially the same form as presented, to provide on -call hazardous material services for the Downtown Contaminated Soil and Groundwater Cleanup Project Councilmember Rheaume asked clarifying questions of staff. Discussion ensued. MOTION: Councilmember Lamb moved approval of AB 14 -49: Supplemental Agreement No. 6 with HWA GeoSciences Inc., to provide on -call hazardous material services on Downtown contaminated soil and groundwater cleanup. Councilmember Agnew second. The motion passed 6 -1; Councilmember Rheaume dissenting. 7. Contracts & Agreements None HE City Council Meeting Minutes Anril 1 2014 Page 4 of 6 8. New Business a. AB #14 -53 - Consider Approval of Purchase and Sale Agreement and Development Agreement with MSPT X LLC, for Block L RECOMMENDED ACTION: Authorize the City Manager to execute the proposed Purchase and Sale Agreement and the proposed Development Agreement for Block L with MSPT X LLC, all in substantially the same form as presented. City Manager Bob Stowe presented this item and entertained Council questions. Discussion ensued. MOTION: Councilmember Lamb moved approval of the Purchase and Sale and Development Agreement with MSPTX LLC, for Block L. Councilmember Agnew second. Councilmember Lamb spoke to his motion. AMENDMENT: Councilmember Samberg moved to delay the decision on the Purchase and Sale and Development Agreement until May 20 or the date which Council will consider the construction contract for Horse Creek. Councilmember Rheaume second. Councilmember Samberg spoke to her amendment. Discussion ensued. VOTE ON AMENDMENT: The amendment failed 5 -2; Councilmembers Agnew, Evans, Lamb, Deputy Mayor Spivey and Mayor Freed dissenting. VOTE ON MAIN MOTION: The main motion passed 5 -2; Councilmembers Samberg and Rheaume dissenting. 9. Old Business a. AB #14 -54 - Council Direction regarding Approval of Solid Waste Contractor Selection RECOMMENDED ACTION: Council is asked to direct staff to negotiate a new contract and rates with a specified hauler Recycling /Public Projects Administrator Sabrina Combs presented and reviewed previous direction from Council. 115 City Council Meeting Minutes April 1, 2014 Page 5 of 6 Council received 5- minute testimonials from each company: Waste Management, Republic Services, and Cleanscapes; and entertained questions. Council entertained questions of Staff and Consultant Jeff Brown. Council adjourned for a break at 8:00 PM and reconvened at 8:18 PM. Discussion ensued. Mayor Freed proposed that two haulers, Cleanscapes and Republic Services, further refine their contract proposals and have them come back to Council for a side by side review. Discussion ensued. MOTION: Councilmember Lamb moved to direct staff to have Cleanscapes and Republic Services further refine their proposals in the form of a contract and in terms of the bids and services they would provide. Deputy Mayor Spivey second. Councilmember Lamb spoke to his motion. AMENDMENT: Councilmember Samberg moved to approve staffs recommendation to proceed with contract negotiations and rate negotiations with Cleanscapes. Councilmember Agnew second. Councilmember Samberg spoke to her motion. VOTE on Amendment - The amendment to move forward with contract negotiations with Cleanscapes passed 5 2; Councilm L am b d Mayor- F-Feed Elissen 4 -3: Councilmember Lamb Deputy Mayor Spivey and Mayor Freed dissenting VOTE on Underlying Motion to move forward with contract negotiations with Cleanscapes passed 5 -2; Councilmember Lamb and Mayor Freed dissenting. 10. Executive Session -Property Acquisition /Personnel MattersJPotentialJPending Litigation f Labor Relations - Possible Action None 116 City Council Meeting Minutes April 1.2014 Page 6 of 6 11. Cjty Manager Reports There was no City Manager Report; however Deputy Mayor Spivey reported on a fundraising effort for victims of the Oso, WA mudslide. 12. Adjournment MOTION: Councilmember Agnew moved to adjourn. Councilmember Lamb second. T he motion carried i -0. Mayor Freed adjourned the meeting at 8:53 PM. Submitted for Approval: 4/22/14 } Laura Hathaway, City Clerk Approved as Amended (page 5 of 6) on 4/22/14