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CC MIN 071514150 City Council Regular Meeting Minutes Tuesday, July 15, 2014 6:00 PM Call to Order f 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 and Mayor Freed present. Deputy Mayor Spivey was absent and excused. 2. Meeting Agenda Approval Councilmember Samberg pulled AB #14 -114 from the Consent Agenda and requested an additional 15 -20 minutes for discussion of AB #14 -115; she also requested an Executive Session to discuss real estate matters prior to the discussion on both AB 14- 114 and AB 14 -115. 3. Review Projected Agenda Councilmember Samberg requested the City's Legislative Agenda be discussed in the 4th quarter of 2014 rather than first quarter of 2015. City Manager Bob Stowe updated the Council on the Bond Issuance for City Hall and stated the interest rate for the annual lease payment is significantly lower than what was authorized by the City Council. That, along with the City's strong AA credit rating, has resulted in a forecast cost of $23 million in savings for the overall project. 4. Visitors (3 minutes per speaker) Dale Amundsen - Greater Bothell Chamber of Commerce - spoke regarding upcoming chamber events Bill Moritz - spoke regarding street lights in his neighborhood and thanked the Public Works Department. Sandy Guinn - spoke regarding Bothell's per capita income. 151 City Council Regular Meeting Minutes July 15, 2014 Page 2 of 9 S. Consent Agenda a. AB #14 -110 - Consider Approval of the June 2014 Vouchers RECOMMENDED ACTION: Approve checks 122234 - 122787 ($4,735,113.92) for June 2014 that were approved and paid by the City Auditor. b. AB #14 -111 - Consider Approval of Payroll and Benefit Transactions for June 2014 RECOMMENDED ACTION: Approve payroll and benefit direct deposit transactions #2000085942 through #2000086628, in the amount of $1,415,103.78; payroll and benefit checks #34558 through #34628, in the amount of $1,112,644.38; and payroll tax deposits in the amount of $545,714.80 for June 1 -30, 2014, payroll that were approved and paid by the City Auditor. c. AB #14 -112 - Consider Approval of Interlocal Agreement for Snohomish County Regional Drug and Gang Task Force RECOMMENDED ACTION: Authorize the City Manager to execute the Interlocal Drug and Gang Task Force Agreement with Snohomish County, in substantially the same form as presented. d. AB #14 -113 - Consider Approval of Right -of -Way Acquisition and Easements with King County Library for the Horse Creek Improvements Project RECOMMENDED ACTION: Consider approval of total compensation of $311,000 to the King County Library System, and authorize the City Manager to execute the necessary ROW and easement agreements for Horse Creek Improvements. MOTION: Councilmember Lamb moved approval of Consent Agenda items a -d. Councilmember Agnew second. The motion carried 6 -0; Deputy Mayor Spivey absent and excused. ADDED ITEM. Executive Session - Real Estate - Council adjourned to Executive Session at 6:16 for approximately 15 minutes to discuss real estate issues. At 6:27 Mayor Freed announced Council would be in Executive Session for another 10 minutes. 152 City Council Regular Meeting Minutes July 15, 2014 Page 3 of 9 Council reconvened at 6:36 PM AB 14 -114 - Consider Approval of First Amendment to Purchase and Sale Agreement and Development Agreement with MSPT X LLC for Block L RECOMMENDED ACTION: Authorize the City Manager to execute the proposed First Amendment to the Purchase and Sale Agreement and the proposed Development Agreement for Block L with MSPT X LLC, all in substantially the same form as presented. Councilmember. Camhera asked clarifying questions of U-1, Manager Bob Stowe. I b ... ... .1....,.,... -"- J MOTION: Councilmember Lamb moved approval of the recommended action to authorize the City Manager to execute the proposed First Amendment to the Purchase and Sale Agreement and the proposed Development Agreement for Block L with MSPT X LLC, all in substantially the same form as presented. Mayor Freed second. Councilmember Lamb spoke to i3is motion. AMENDMENT: Councilmember Samberg moved to tie the percent of residential development to the total of office and retail square footage. Councilmember Rheaume second. Councilmember Samberg spoke to her amendment. Discussion ensued. VOTE on AMENDMENT: The Amendment failed 4 -2: Councilmembers Samberg and Rheaume in favor; Councilmember Agnew, Evans, Lamb and Mayor Freed against. Deputy Mayor Spivey absent and excused. AMENDMENT: Councilmember Samberg moved that regarding any residential units gained above the original agreement, 25% be set aside as affordable housing. Councilmember Rheaume second. Discussion ensued. VOTE on AMENDMENT: The Amendment failed 4 -2: Councilmembers Samberg and Rheaume in favor; Councilmember Agnew, Evans, Lamb and Mayor Freed against. Deputy Mayor Spivey absent and excused. 153 City Council Regular Meeting Minutes July 15, 2014 Page 4 of 9 VOTE on MAIN MOTION: The main motion to approve the recommended action passed 4 -2: Councilmembers Agnew, Evans, Lamb and Mayor Freed in favor; Councilmembers Rheaume and Samberg against. Deputy Mayor Spivey absent and excused. Point of Personal Privilege: Mayor Freed took a moment to speak regarding a matter of personal privilege. 6. Contracts /Agreements 6:45 - (15 minutes)* a. AB #14 -115 - Consider Approval of Norman Partners Listing Agreement for Downtown Properties RECOMMENDED ACTION: Authorize the City Manager to execute the attached real estate listing agreements for Blocks A, EFG, N, and 0 with Norman Partners in substantially the same form as presented. City Manager Bob Stowe presented and entertained Council questions. MOTION: Councilmember Lamb moved approval of the recommended action to authorize the City Manager to execute the attached real estate listing agreements for Blocks A, EFG, N, and 0 with Norman Partners in substantially the same form as presented. Councilmember Agnew second. AMENDMENT: Councilmember Samberg moved that fees related to the eight excluded properties be paid as a flat fee per industry standard for services rendered on those properties rather than a 2% or 4% commission. Councilmember Rheaume second. Point of Inquiry: Councilmember Lamb asked what the flat fee would be. Point of Order: Councilmember Rheuame requested that the Chair limit interruptions of the Councilmember who currently had the floor. Councilmember Samberg spoke to her amendment. Discussion ensued. VOTE on AMENDMENT: The Amendment failed 4 -2: Councilmembers Samberg and Rheaume in favor; Councilmember Agnew, Evans, Lamb and Mayor Freed against. Deputy Mayor Spivey absent and excused. AMENDMENT: Councilmember Samberg moved to require that the listing agent (Norman Partners) pay a 50/50 share of their commission with selling agent. Councilmember Rheaume second. 154 City Council_ Regular Meeting Minutes July 15, 2014 Page 5 of 9 Discussion ensued. VOTE on AMENDMENT: The Amendment failed 4 -2: Councilmembers Samberg and Rheaume in favor; Councilmember Agnew, Evans, Lamb and Mayor Freed against. Deputy Mayor Spivey absent and excused. AMENDMENT: Councilmember Samberg moved to remove the $6,250 per month retainer that is to be paid to Norman properties and rely on the commission only. D 1 ll c s i o" ens nA VOTE on AMENDMENT: The Amendment failed 4 -2: Councilmembers Samberg and Rheaume in favor; Councilmember Agnew, Evans, Lamb and Mayor Freed against. Deputy Mayor Spivey absent and excused. The Council recessed at 7:39 PM and reconvened at 7:46 PM. AMENDMENT: Councilmember Samberg moved to reduce the length of the agreement from 21 months to 6 months with the ability for either party to terminate. Councilmember Rheaume second. MOTION: Councilmember Evans moved the previous question. Councilmember Lamb second. Mayor Freed stated this motion is non - debatable. City Attorney Joe Beck agreed and stated this motion, if successful, closes debate and then Council would vote on the main motion. Point of Order: Councilmember Lamb stated when the Chair is speaking, the Chair should not be interrupted. VOTE on MOTION to MOVE THE PREVIOUS QUESTION passed 4 -1 -1 as follows: Councilmember Agnew - Yes Councilmember Lamb - Yes Councilmember Evans - Yes Mayor Freed - Yes Councilmember Rheuame - No Councilmember Samberg - Abstained. Deputy Mayor Spivey absent and excused. Councilmember Samberg spoke to her abstention. gwrm nm City Council Regular Meeting Minutes July 15, 2014 Page 6 of 9 Point of Order: Councilmember Lamb stated that Councilmember Samberg was not limiting comments to her abstention on the motion to close debate. Mayor Freed asked for a vote on the Main Motion. VOTE on MAIN MOTION to authorize the City Manager to execute the real estate listing agreements for Block A, EFG, N and 0 with Norman Partners in substantially the same form as presented passed 3 -2 -1 as follows: Councilmember Agnew - Yes Councilmember Evans - Yes Mayor Freed - Yes Councilmember Samberg - No Councilmember Rheuame - No Councilmember Lamb - Abstained. Deputy Mayor Spivey absent and excused. Councilmember Lamb spoke to his abstention. Point of Personal Privilege: Councilmember Samberg spoke in reference to previous comments made regarding this discussion. 7. Ordinances & Resolutions 7:00 PM - (30 minutes)* a. AB #14 -116 - Consider Ordinance Amending Bothell Municipal Code 12.06.060 - Food Trucks (15 minutes)* RECOMMENDED ACTION: After deliberating, adopt the proposed Ordinance. Senior Planner David Boyd presented and reviewed the proposed code amendments. He reviewed two new exhibits which were entered into the record and included in the revised findings and reviewed the incorporated direction from the City Council from the June 3, 2014 City Council meeting. Mayor Freed allowed for Public Comment James Anderson - spoke regarding the proposed ordinance. Discussion ensued. MOTION: Councilmember Lamb moved approval of the recommended action. Councilmember Agnew second. The motion carried 6 -0; Deputy Mayor Spivey absent and excused. im City Council Regular Meeting Minutes July 15, 2014 Page 7 of 9 b. AB #14 -117 - Consider Approval of Resolution Adopting the Water Comprehensive Plan Adopt the Resolution approving the 2012 Water System Plan. Utility and Development Services Manager Don Fiene presented this item and entertained Council questions. MOTION: Councilmember Evans � moved the recommended action to adopt the Resolu approving the 2ii12 �V Y�ater C iystelil � �i lilpr eheil$i Je P Cound Samberg second. The motion carried 6 -0; Deputy Mayor Spivey absent and excused. 8. New Business 7:30 PM (35 minutes)* a. AB #14 -118 - Consider Appointment of Pro and Con Committees to Prepare Voters Pamphlet Statements for the Park and Public Spaces Levy for the November 4, 2014 Election (15 minutes) * RECOMMENDED ACTION Appoint three citizens each to the Parks and Public Spaces Levy Pro and Con committees. City Clerk Laura Hathaway reviewed the list of those people interested in serving on both the Pro and Con Committees for the Park and Public Spaces Lew Measure. MOTION: Councilmember Lamb moved Roger Cecil, Jim Freese and Leigh Henderson to serve on the Pro Committee and Ernie Bellecy, William Moritz and Ann Aagaard to serve on the Con Committee. Councilmember Agnew second. VOTE: The motion carried 6 -0; Deputy Mayor Spivey absent and excused. b. AB #14 -119 - Consideration to Authorize Art for City Hall Project RECOMMENDED ACTION Approve the proposed art elements as part of the City Hall Project contribution to the One Percent for the Arts program. City Manager Bob Stowe presented and reviewed the proposed art elements. He stated all proposed elements will come back to the Council for final approval; this is to approve the proposed concepts in order for staff to move forward on hard costs. He entertain Council questions. Discussion ensued. 157 City Council Regular Meeting Minutes July 15, 2014 Page 8 of 9 MOTION: Councilmember Samberg moved to direct the City Manager to engage with the Bothell Arts Council, 501(c)(3) agencies and other interested parties in this process prior to selection of specific art elements. Councilmember Rheaume second. AMENDMENT: Councilmember Rheaume moved to involve the Bothell Arts Council, established community 501(c)(3) agencies and other interested parties in the process for all art elements with the exception of the Living Wall and the floor inlay which need to move forward. All other elements are up for discussion and participation from interested parties. Councilmember Samberg second. Discussion ensued. VOTE on AMENDMENT: The amendment carried 6 -0; Deputy Mayor Spivey absent and excused. Discussion continued. AMENDMENT: Councilmember Lamb moved to approve what has been authorized - living wall and floor inlay - and ask the City Manager engage the Bothell Arts Council and interested citizens in the remaining elements including: whimsical art; logging features; historical story boards /photos and conference room art. Councilmember Agnew second. Councilmember Lamb spoke to his amendment. Discussion ensued. VOTE on AMENDMENT: The amendment failed 3 -3. Deputy Mayor Spivey absent and excused. AMENDMENT: Councilmember Evans moved to instruct the City Manager to move forward with community involvement regarding the items council discussed: historic storyboards and photos, conference room art, whimsical art, and logging features as well as any other art features the community may desire with those additional features, if any, to come back to the City Council for discussion and approval. Councilmember Lamb second. The motion carried 6 -0; Deputy Mayor Spivey absent and excused. VOTE on the UNDERLYING MOTION: 6 -0; Deputy Mayor Spivey absent and excused. • City Counril_ Regilar Meeting Minutes iuly 15, 2014 Page 9 of 9 Point of Personal Privilege: Councilmember Evans inquired about adding things to the agenda and how that is handled. City Attorney Joe Beck spoke to the question. Discussion ensued. 9. Adjournment Mayor Freed adjourned the meeting at 9:01 L 1.1. Submitted for Approval on 9/2/14 f? f Approved as Presented 9/2/14