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CC MIN 100714175 City Council Regular Meeting Minutes Tuesday, October 7, 2014 6:00 PM Call to Order /Pledge of Allegiance Deputy Mayor Spivey called the Regular Meeting of the Bothell City Council to order at 6:00 PM and led the Pledge of Allegiance. 1. Roll Call Councilmembers Evans, Lamb, Rheaume, Samberg and Deputy Mayor Spivey present. Councilmember Agnew and Mayor Freed were absent and excused. 2. Meeting Agenda Approval There were no changes to the meeting agenda. 3. Review Projected Agenda There were no changes to the projected agenda. 4. Special Presentations a. Special Recognition - Officer Robert Buendia Deputy Mayor Spivey stated that Officer Robert Buendia was on a call -out and would arrive shortly. Council continued with the regular meeting agenda. 5. Visitors Q minutes per sneaker) Ron Swicord - spoke regarding fireworks in the City. Ned Dye - spoke regarding fireworks in the City. Mike Challenger - spoke regarding fireworks in the City. [we, City Council Regular Meeting Minutes October 7, 2014 Page 2 of 5 Councilmember Lamb stated the Public Safety Committee is scheduled to discuss this issue at an upcoming meeting. 6. Consent Agenda a. Consider Approval of the September 9, 2014 Study Session Minutes and September 16, 2014 Regular Meeting Minutes RECOMMENDED ACTION: Approve the City Council Meeting Minutes of September 9, 2014 & September 16, 2014. b. AB #14 -144 - Consider Approval Payroll and Benefit Transactions for August 1- 31, 2014 RECOMMENDED ACTION: Approve payroll and benefit direct deposit transactions #2000087230 through #2000087834, in the amount of $1,508,929.59; payroll and benefit checks #34695 through #34758, in the amount of $1,013,512.01; and payroll tax deposits in the amount of $578,997.31 for August 1 -31, 2014, payroll that were approved and paid by the City Auditor. c. AB #14 -145 - Consider Renewal of Interlocal Agreement with Snohomish County for Tourism Promotion Funded by Special Excise Taxes RECOMMENDED ACTION: Authorize the City Manager to sign the Interlocal Agreement with Snohomish County concerning tourism promotion funded by special excise taxes on the furnishing of lodging for the period 2015 -2019. d. AB #14 -146 - Consider Approval of Interlocal Agreement with Snohomish County for Surface Water Management Billing Services RECOMMENDED ACTION: Authorize the City Manager to enter into an Interlocal Agreement with Snohomish County to provide surface water management billing services. e. AB #14 -147 - Consider Approval of an Aerial Easement with Puget Sound Energy for Horse Creek /98th Avenue NE Improvements. RECOMMENDED ACTION: Authorize the City Manager to execute an aerial easement with PSE for Horse Creek /98 Avenue NE Improvements. f. AB #14 -148 - Consider Award of a Construction Contract for Canyon Park Fire Station #45 Concrete Slab and Drainage Improvements RECOMMENDED ACTION: Authorize the City Manager to enter into a construction contract with Thomco Construction, Inc., in the amount of $168,169.55, for Canyon Park Fire Station #45 Concrete Slab and Drainage Improvements Project. 177 City Council Regular Meeting Minutes October 7, 2014 Page 3 of 5 MOTION: Councilmember Lamb moved approval of the consent agenda as presented. Councilmember Evans second. The motion carried 5 -0; Councilmember Agnew and Mayor Freed absent and excused. 7. Public Meetings, Public Hearings, Closed Record Reviews a. AB #14 -149 - Continued Public Hearing on Proposed Code Amendments to Remove the Existing Residential Density Limit on the Downtown Transition District; 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. Deputy Mayor Spivey opened the public hearing at 6:14 PM. Senior Planner David Boyd presented this item and addressed the questions raised at the September 2 Council meeting. He also reviewed a compromise proposal put forth by two citizens who had commented on opposing sides of the issue. Deputy Mayor Spivey announced that Officer Buendia had arrived and turned the meeting over to Police Chief Carol Cummings. SPECIAL PRESENTATION: Chief Cummings announced that Officer Buendia was recently awarded the prestigious 2014 Crisis Intervention Team Officer of the Year Award, recognizing his outstanding service in the community. She stated that Representative Suzan DelBene addressed the US House of Representatives on September 11 to honor Officer Buendia with this special recognition. Officer Buendia thanked Chief Cummings, the City Council and his fellow officers. Council continued with the Public Hearing at 6:27 PM. Mr. Boyd entered two exhibits into the record - Nos. 5 and 6 and stated another exhibit was received by Council this evening via email which will be entered in the record as Exhibit 7. Public Comment was received by: Dick Patior MOTION: Councilmember Lamb moved to close the public hearing at 6:35 PM. Councilmember Evans second. The motion carried 5 -0; Councilmember Agnew and Mayor Freed absent and excused. 178 City Council Regular Meeting Minutes October 7, 2014 Page 4 of 5 MOTION: Councilmember Lamb moved adoption of the proposed ordinance with a boundary adjustment to area 2 excluding the vacant lot on Bothell Way and surrounding parcels. The density cap will be removed for parcels fronting on Bothell Way south of the centerline of NE 188th Street; north of the line the density cap remains. Councilmember Rheaume second. Discussion. VOTE: The motion carried 5 -0; Councilmember Agnew and Mayor Freed absent and excused. b. AB #14 -150 - Public Hearing to Consider Adoption of an Ordinance Vacating a Portion of Rogers Street (30 minutes)* Recommended Action: Adopt the proposed ordinance vacating a portion of the unopened Rogers Street. City Attorney Joe Beck presented and stated this item was properly noticed and all property owners were notified via mailing of the proposed vacation. He stated the City is the only abutting property owner. Deputy Mayor Spivey opened the Public Hearing at 6:53 PM and asked for public comment. None received. MOTION: Councilmember Lamb moved to close the Public Hearing. Councilmember Evans second. The motion carried 5 -0; Councilmember Agnew and Mayor Freed absent and excused. Deputy Mayor Spivey closed the Public Hearing at 6:56 PM. MOTION: Councilmember Lamb moved the recommended action adopting an Ordinance vacating a portion of Rogers Street. Councilmember Evans second. The motion carried 5 -0; Councilmember Agnew and Mayor Freed absent and excused. 179 City Council Regular Meeting Minutes October 7, 2014 Page 5 of 5 c. AB #14 -151 - Public Hearing to Consider Adoption of an Ordinance Vacating a Portion of NE 180 Street, previously known as Wilson Avenue (30 minutes)* Recommended Action: Adopt the proposed ordinance vacating a portion of NE 180 Street, previously known as Wilson Avenue. City Attorney Joe Beck presented and stated this item was properly noticed and all property owners were notified via mailing of the proposed vacation. He stated the City is the only abutting property owner. Deputy Mayor Spivey opened the Public Hearing at 6:58 PM and invited public comment. None received. MOTION: Councilmember Lamb moved to close the Public Hearing. Councilmember Evans second. The motion carried 5 -0; Councilmember Agnew and Mayor Freed absent and excused. Deputy Mayor Spivey closed the Public Hearing at 6:59 PM MOTION: Councilmember Lamb moved the recommended action adopting an Ordinance vacating a portion of NE 180th Street. Councilmember Samberg second. The motion carried 5 -0; Councilmember Agnew and Mayor Freed absent and excused. 8. Executive Session None 9. City Manager's Report None 10. Adiourn�ment_ Deputy Mayor Spivey adjourned the meeting at 7:00 PM. Submitted for Council Approval on 10/21/14 Approved as presented 10/21/14