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CC MIN 010714City Council Regular Meeting Minutes Tuesday, January 7, 2014 6:00 PM Bothell Municipal Court, 10116 NE 183rd Street, Bothell WA Call to Order /Pledge of Allegiance City Clerk Laura Hathaway 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 present: Tom Agnew (by phone), Bill Evans, Joshua Freed, Mark Lamb, Andy Rheaume, Tris Samberg and Del Spivey. 2. Oaths of Office Judge Michelle Gehlsen administered the Oaths of Office to Councilmembers Freed, Spivey, Samberg and Agnew (via phone /previously signed). 3. New Business a. AB #14 -01, Consider Election of Mayor and Deputy Mayor RECOMMENDED ACTION: Conduct an election for Mayor and Deputy Mayor to serve a 2 -year term. City Clerk Laura Hathaway read the election procedures into the record and called for nominations. Councilmember Lamb nominated Councilmember Freed. Councilmember Samberg nominated Councilmember Rheaume. Councilmember Agnew nominated Councilmember Evans. Councilmember Evans thanked Councilmember Agnew for the nomination but respectfully declined. There being more than one nominee, written ballots were cast. Because Councilmember Agnew was calling in remotely, he was allowed a voice vote and his vote was taken first. The City Clerk publically announced the vote as follows: Councilmember Agnew voted for Joshua Freed Councilmember Samberg voted for Andy Rheaume Councilmember Rheaume voted for Andy Rheaume E City Council Minutes January 7, 2014 Page 2 of 8 Councilmember Freed voted for Joshua Freed Councilmember Lamb voted for Joshua Freed Councilmember Evans voted for Joshua Freed Councilmember Spivey voted for Joshua Freed Councilmember Freed was elected Mayor by a 5 -2 vote. City Clerk Laura Hathaway turned the meeting over to Mayor Freed who conducted the election of the Deputy Mayor. Councilmember Lamb nominated Councilmember Spivey as Deputy Mayor. There being only one nomination, Councilmember Spivey was elected as Deputy Mayor on a 7 -0 vote. Councilmember Agnew was excused for the remainder of the meeting at 6:10 PM. Reception Mayor Freed recessed the meeting for a brief reception at 6:10 PM. Mayor Freed reconvened the meeting at 6:25 PM and stated that because the new seating arrangements did not match up with the voting board all votes tonight would be by voice. 4. Meeting Agenda Approval The Agenda was approved as presented. 5. Review Projected Agenda There were no changes to the Projected Agenda. 6. Special Presentations None 7. Visitors (3 minutes per speaker) Rosie Iverson - asked that visitor addresses not be publically announced at the meetings. Jerry Smedes - Board of Directors for the North Creek Forest - asked for a letter of support confirming City's commitment to working with the organization in their effort to obtain grants. Page 2 of o 711 City Council Minutes January 7, 2014 Page 3 of 8 Councilmember Samberg asked to have Mr. Smedes topic added to the agenda. Council concurred and the item was added at the end of New Business. 8. Consent Agenda a. Consider Approval of Draft Minutes of Regular Meetings of December 3 & 10, 2013 (pgs. 9 -22) - PULLED FOR DISCUSSION b. AB #14 -02, Consider Approval of Payroll and Benefit Transactions for November 1-30,2013 RECOMMENDED ACTION: Approve payroll and benefit direct deposit transactions 42000081975 through 42000082542, in the amount of $1,367,624.94; payroll and benefit checks #34118 through #34179, in the amount of $944,442.03; and payroll tax deposits in the amount of $484,252.72 for November 1 -30, 2013, payroll that were approved and paid by the City Auditor. c. AB #14 -03, Consider Approval of November 2013 Vouchers RECOMMENDED ACTION: Approve checks 118941- 119343 ($3,338,238.85) for November 2013 that were approved and paid by the City Auditor. d. AB #14 -04, Consider Renewal of Lease with First Church of Christ, Scientist, for Use of Parking Lot (pgs. 27 -34) - PULLED FOR DISCUSSION Councilmember Rheaume pulled Consent Agenda Item a, December 03, 2013 minutes. Councilmember Samberg pulled Consent Agenda Item a, December 10, 2013 minutes. Councilmember Samberg pulled Consent Agenda Item d. MOTION: Deputy Mayor Spivey moved approval of Consent Agenda Items b &c as presented. Councilmember Lamb second. The motion carried 6 -0 -1 with Councilmember Agnew absent and excused. Page 3 of 8 M City Council Minutes January 7, 2014 Page 4 of 8 Consent Item a - Minutes of December 3, 2013: Councilmember Rheaume asked that the minutes of December 3, 2013 be amended to state that Councilmember Ewing was absent from the vote of the Public Hearing on AB 13 -185 (Proposed Minor Map Adjustments to the Imagine Bothell Comprehensive Plan) rather than stating that he was absent and unexcused. MOTION: Councilmember Lamb moved to approve the December 3, 2013 minutes as presented. Deputy Mayor Spivey second. Discussion ensued. Councilmember Lamb stated that Mr. Ewing left the meeting unannounced therefore he asked the record to reflect that he was absent and unexcused. Councilmember Evans stated the Protocol Manual is unclear on this issue but as a courtesy, Mr. Ewing should have let the Mayor know he had to leave. VOTE: The motion passed as follows: AYES: Lamb, Freed, Evans and Spivey NOES: Rheaume ABSTAIN: Samberg ABSENT: Agnew Consent Item a - Minutes of December 10, 2013: Councilmember Samberg pulled these minutes so she could abstain from the vote; she did however point out a spelling error to be corrected on page 4 under AB -194 - public comment correction to name of speaker. Last name is Winter not Linker. MOTION: Councilmember Lamb moved approval of the December 10, 2013 Meeting Minutes as amended. Deputy Mayor Spivey second. The motion carried with one abstention as follows: AYES: Rheaume, Freed, Lamb, Evans and Spivey NOES: None ABSTAIN: Samberg ABSENT: Agnew Page 4 of 8 In City Council Minutes January 7, 2014 Page 5 of 8 Consent Item d - AB #14 -04 - Consider Renewal of Lease with First Church of Christ, Scientist, for Use of Parking Lot Council requested staff clarification on this item regarding the annual rental /maintenance costs. Fleet and Facilities Manager Clark Meek addressed the discrepancy regarding the costs stating the annual rent of the parking lot is $240 which includes maintenance costs, property taxes and utility fees; not $120 as reflected in the staff report. MOTION: Councilmember Rheaume moved approval of the Consent Agenda Item d with correction to the scrivener's error in the amount. Deputy Mayor Spivey second. The motion carried 6 -0 -1 with Councilmember Agnew absent and excused. 9. Contracts & Agreements None 10. New Business - continued 7:40 PM - (35 minutes) * a. AB #14 -05, Consider Approval of a Resolution related to the Northshore School District Measures on the February 2014 Election Ballot RECOMMENDED ACTION: Adopt the proposed resolution related to the Northshore School District Propositions 1, 2, & 3 scheduled for the February 11, 2014 election. City Attorney Joe Beck introduced this item and stated this is an opportunity for the audience to give a pro /con statement. Staff is recommending approval of the resolution. Julia Lacey - Citizens for Northshore School District spoke in support of the Ballot Measure. John Muller - spoke in support of the Ballot Measure. Councilmember Rheaume asked if the Northshore School District website detailed the ballot measure; Ms. Lacey stated yes, the school district website as well as the Citizens for NSD website both detailed the ballot measure. She recited the website addresses where citizens could view details. Discussion ensued. Council stated they've had previous discussions that while they want to encourage citizen participation with a particular ballot measure, they do not want to tell the voters' how to vote. Page 5 of 8 E City Council Minutes January 7, 2014 Page 6 of 8 MOTION: Deputy Mayor Lamb moved approval with change to the Resolution Section 1 to change word "support" to "consideration ". Councilmember Evans second. The motion carried 6 -0 -1; Councilmember Agnew absent and excused b. AB #14 -06, Consider Adoption of Legislative Priorities for 2014 RECOMMENDED ACTION: Adopt the proposed Bothell Top and Additional Legislative Priorities for the 2014 Washington State Legislative Session. City Attorney Joe Beck outlined the proposed Bothell Top and Additional Legislative Priorities for the 2014 Legislative Session. MOTION: Councilmember Lamb moved adoption of the Legislative Priorities for 2014 as presented. Councilmember Evans second. AMENDMENT: Councilmember Samberg moved to make Liquor and I502 Revenue Sharing the number 1 priority. Councilmember Rheaume second. Discussion: Councilmember Evans stated that Economic Stimulus & Infrastructure Investment and Liquor and I502 Revenue Sharing are the top priorities - not 1 & 2. Both are equal. VOTE: The amendment failed as follows: AYES: Samberg NOES: Rheaume, Lamb, Evans, Spivey and Freed ABSTAIN: None ABSENT: Agnew AMENDMENT: Councilmember Samberg moved to reorder the Economic Stimulus and Infrastructure Investment Priorities: #1 Downtown Contaminated Soil and Groundwater Remediation; #2 (from Draft Additional 2014 Legislative Priorities) 520 Bridge Mitigation, and #3 Multiway Boulevard Phases 2 &3. Councilmember Rheaume second. VOTE: The amendment failed as follows: AYES: Samberg, Rheaume NOES: Lamb, Evans, Spivey and Freed ABSTAIN: None ABSENT: Agnew Page 6 of 8 City Council Minutes January 7, 2014 Page 7 of 8 Amendment: Councilmember Rheaume moved to change language under the Capital Contribution section of the Economic Stimulus and Infrastructure Investment priority to state: Bothell also requests capital funds for 520 Bridge Mitigation, Phases 2 & 3 of the Multiway Boulevard, and funds for Downtown Contaminated Soil and Groundwater Remediation. Councilmember Samberg second. VOTE: The amendment failed as follows: AYES: Samberg, Rheaume, and Spivey NOES: Lamb, Evans, and Freed ABSTAIN: None ABSENT: Agnew Deputy Mayor Spivey was excused at 7:30 PM. Main Motion: The main motion passed as follows: AYES: Rheaume, Freed, Lamb and Evans NOES: Samberg ABSTAIN: None ABSENT: Agnew and Spivey Councilmember Samberg spoke to her dissenting vote. c. AB #14 -07, Consider dates for Annual Council Retreat RECOMMENDED ACTION: Select a Council Retreat date. Council consensus was to have the Council Retreat on Saturday, February 1, 2014 as the primary /1St choice date. Staff will confirm. ADDED ITEM: North creek Forest Foundation Letter of Support Councilmember Samberg asked staff if there was past practice to these types of requests and if so asked staff to draft a letter of support for North creek Forest Foundation to enable them to complete a grant proposal and bring it back to council for discussion. City Manager Bob Stowe stated yes, if entities met certain criteria then Council has in the past supported grant /funding applications. Councilmember Evans and Lamb agreed stating a letter of support should be broad enough to encompass other agencies /foundations if they meet certain criteria to give council support without having to come back to Council on an individual basis. Council concurred. Staff will bring back this issue at a future meeting. Page 7 of 8 E City Council Minutes January 7, 2014 Page 8 of 8 11. Old Business None 12. Public Meetings, Public Hearings, Closed Record Reviews None 13. Executive Session - Property Acquisition /Personnel Matters /Potential /Pending Litigation/ Labor Relations - Possible Action None 14. City Manager Report None 15. Adjournment MOTION: Councilmember Evans moved to adjourn. Councilmember Lamb second. The motion carried 5 -0 -2; Councilmember Agnew and Deputy Mayor Spivey absent and excused. Mayor Freed adjourned the meeting at 7:51 PM. Submitted for Approval on January 21, 2014 7 �� Laura K. Hathaway, City Clerk Approved as Submitted 1/21/14 Page o of 8