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CC MIN 031814105 City Council Regular Meeting Minutes Tuesday, March 18, 2014 6:00 PM Bothell Municipal Court 10116 NE 183rd Street, Bothell WA Call to Order /Pledge of Allegiance Mayor Freed call the meeting to order at 6:00 PM and led the Pledge of Allegiance. 1. Roll Call Councilmembers Agnew, Evans, Lamb, Rheaume, Samberg and Deputy Mayor Spivey and Mayor Freed present. 2. Meeting Agenda Approval Councilmember Samberg requested an additional 30 minutes be added to AB 14 -45: General Downtown Corridor Code Amendments. Councilmember Rheaume pulled the February 11, 2014 Meeting Minutes. Councilmember Samberg pulled Consent Agenda Items c & g. 3. Review Projected Agenda Councilmember Samberg asked that the April 15, 2014 Meeting be rescheduled to April 22, 2014 to accommodate for Northshore School District's Spring Break. Council concurred. Mayor Freed asked that an item regarding monuments at 1 /z Acre Park be added to the "To Be Scheduled" portion of the Projected Agenda. 4. Special Presentation 6:10 PM (15 minutes)* a. Earth Hour Proclamation Recycling and Public Projects Administrator Sabrina Combs introduced Aerial Williams who briefed the Council on the upcoming event scheduled for March 29, 2014 at the Lytle House. Mayor Freed then read the Proclamation for the record and presented it to Ms. Williams. "0• City Council Meeting Minutes March !R-,- 7.0144 Page 2 of 6 5. Vi Julia Walters -Burns - asked the Council to declare April 2014 as Autism Awareness Month. Dick Paylor - spoke regarding contaminated soil in the Horse Creek area. 6. Consent Agenda a. Approval of Minutes: Mee ting ng F Fu 1 1, 20 ^ RegulaF /Stu y aye cession Meet & March 4, 2014, Regular Meeting Minutes RECOMMENDED ACTION: Approve Council Meeting Minutes for February 11, 2014 Regular /Study Session and the March 4, Regular Meeting Minutes b. AB #14 -38 -Consider Approval Vouchers RECOMMENDED ACTION: Approve checks 120254- 120720 ($2,128,125.68) for February 2014 that were approved and paid by the City Auditor. c. PulledforDiscussion-AB#1439 with inter-west GenstFuction, Inc., foF CenstFuetien of N and Sewer- improvement-,. ., . u th o th e Ot AM e amount: .._ eenstFuetien WO d. AB #14 -40 - Consider Approval of a Construction Contract for Horse Creek Phase 1 Improvements RECOMMENDED ACTION: Authorize the City Manager to enter into a construction contract with Interwest Construction, Inc., in the amount of $495,877.18, for Horse Creek Phase 1 Improvements. e. AB #14 -41 - Consider Approval of Cost Sharing Agreement with Puget Sound Energy to Relocate Utilities on the Horse Creek Improvements Project RECOMMENDED ACTION: Authorize the City Manager to execute Schedule 74 Underground Conversion Project Construction Agreement with Puget Sound Energy in substantially the same form as presented in the amount of $139,100, for undergrounding electric utilities on the Horse Creek Improvements Project. in City Council Meeting Minutes March 18, 2014 Page 3 of 6 f. AB #14 -42 - Consider Approval of Supplemental Agreement No. 2 to a Products and Services Agreement with L2 Systems, LLC, for Additional Supervisory Control and Data Acquisition (SCADA) Hardware and Software RECOMMENDED ACTION: Authorize the City Manager to execute Supplemental Agreement No. 2 with L2 Systems, LLC, in the amount of $150,000 and in substantially the same form as presented, for additional Supervisory Control and Data Acquisition Hardware and Software. Pull g. for / .► . .. RECOMMENDED sewer and storm and su4ace water utilities, and amending the Bothell Municipal Code to: 1) create a Combined Utility System Fun&; 2) or-der- of priority for paFtial combined wateF and sewer-W-JIM- FefeFences to stoFm and surface water- utility in other- sections of the Code. .5. h. AB #14 -44 - Consider Adoption of Ordinance Amending Bothell Municipal Code 9.03.010 RECOMMENDED ACTION: Adopt the proposed Ordinance approving Code Amendments regarding BMC 9.03.010. Councilmember Rheaume pulled the February 11, 2014 Study Session Minutes. Councilmember Samberg pulled consent items c & g. MOTION: Councilmember Lamb moved approval of the March 4, Regular Meeting Minutes and Consent Items b, d, e, f, and h. Councilmember Agnew second. The motion carried 7 -0. February 11, 2014 Meeting Minutes: Councilmember Rheaume asked that his arrival time be clarified and reflected in the minutes. Also the consent agenda vote should state 6 -0; not 6 -0 -1. Consent Item c - AB #14 -39 - Consider Award of a Construction Contract with Interwest Construction, Inc., for Construction of NE 200th Street Sidewalk and Sewer Improvements: Councilmember Samberg stated she received word from a resident of that area who would like a crosswalk installed. Capital Program Manager Steve Morikawa stated that staff will revisit the need. If the contract were approved this evening a crosswalk would not be included but it could come back at a later date as a change order. ' • City Council Meeting Minutes March 181 2014 Page 4 of 6 MOTION: Councilmember Lamb moved approval of the Award of a Construction Contract with Interwest Construction Inc., for Construction of NE 200th Street Sidewalk and Sewer Improvements. Councilmember Samberg second. The motion carried 7 -0. Consent Item g - AB #14 -43 - Consider Approval of an Ordinance Combining Utility Funds for Bonding Purposes: Councilmember Samberg asked clarifying questions of Finance Director Tami Schackman. MOTION: Councilmember Lamb moved approval of an Ordinance Combining Utility Funds for Bonding Purposes. Councilmember Agnew second. The motion carried 7 -0. 7. Contracts & Agreements None 8. New Business None 9. Old Business None 10_ Pijhlir MpetingS, Public Hearings_ Closed Record Reviews a. AB #14 -45 - Public Hearing: Proposed General Downtown Corridor Code Amendments; and Consideration of Proposed Council Findings, Conclusions and Action and a Proposed Ordinance Approving the Amendments RECOMMENDED ACTION: After taking testimony, closing the public hearing and deliberating, move and vote to approve the proposed Ordinance. Mayor Freed opened the Public Hearing at 6:44 PM. Senior Planner David Boyd presented and entertained Council questions. Public Comment was received from Sandy Guinn - spoke regarding the parking space zoning Jennie Zornes - spoke regarding the parking space zoning Kelly Snyder, UW at Bothell - spoke regarding overflow street parking from the college. 1 N City Council Meeting Minutes March 18, 2014 Page 5 of 6 MOTION: Councilmember Lamb moved to close the public hearing. Councilmember Agnew second. The motion carried 7 -0. Mayor Freed closed the Public Hearing at 7:04 PM. Discussion ensued. MOTION: Councilmember Lamb moved adoption of the Ordinance to change the parking spot allocation from .75 to 1.0. Councilmember Agnew second. AMENDMENT: Councilmember Samberg moved to remove the recommended setback from 20 feet to 5 feet. Councilmember Rheaume second. The motion failed 5 -2; Mayor Freed, Deputy Mayor Spivey, Councilmembers Lamb, Agnew and Evans dissenting. MAIN MOTION: The main motion carried 7 -0. Executive Session - Property Acquisition /Personnel Matters/Potential /Pending Litigation) Labor Relations - Possible Action Council adjourned for Executive Session at 7:56 PM to discuss potential litigation for approximately 30 minutes with no action expected. 8:25 PM: Council extended the Executive Session for 10 minutes. 8:39 PM: Council extended the Executive Session for 10 minutes. Council reconvened at 8:43 PM. b. AB #14 -46 - Public Hearing: Proposed Downtown Subarea Sign Code Amendments; and Consideration of Proposed Council Findings, Conclusions and Action and a Proposed Ordinance Approving the Amendments RECOMMENDED ACTION: After taking testimony, closing the public hearing and deliberating, move and vote to approve the proposed Ordinance. Mayor Freed opened the Public Hearing at 8:44 PM. Senior Planner David Boyd and Planning Commission Member Steve Booth presented and entertained Council questions. 110 City Council Meeting Minutes PRarch 1R ?n14 Page 6of6 MOTION: Councilmember Lamb moved to extend the meeting to 9:15 PM. Councilmember Agnew second. The motion carried 7 -0. No Public Comment received. Mayor Freed closed the Public Hearing at 9:15 PM MOTION: Councilmember Samberg moved to adopt the balance of the Ordinance as presented with the exception of the language regarding portable A -frame signs (that issue to be discussed as a city -wide issue in the future) and also to amend the language to state that portable signs are not limited to restaurants and cafes. Councilmember Rheaume second. MOTION: Councilmember Lamb moved to extend the meeting to 9:30 PM. Councilmember Agnew second. The motion carried 7 -0. VOTE ON MAIN MOTION: The motion carried 7 -0. Added Item: AB - 14 -47 - Consider Approval of Supplemental Agreement No. 7 to the Professional Services Contract with Gray & Osborne for continued design service for NE 200th Street Sidewalk and Sewer Improvements. Capital Program Manager Steve Morikowa presented. MOTION: Councilmember Lamb moved approval. Deputy Mayor Spivey second. The motion carried 7 -0. 11. City Manager Reports None. 12. Adjournment Mayor Freed adjourned the meeting at 9:16 PM. Submitted for Approval on 4/22/14 Laura Hathaway, City Clerk Approved as presented 4/22/14