Everett City Council

July 31, 2017 A special meeting of the Everett City Council was called to order at 6: 30 p. m., July 31, 2017, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Tuohy presiding. Upon roll call, it was found that Council Members Roberts, Moore, Murphy, Franklin, Stonecipher, and Tuohy were present. Council Member Bader was expected to be a few minutes late. Mayor Stephanson was excused. Council Member Moore led the Pledge of Allegiance. MAYOR Mayor Stephanson was excused. COUNCIL Council Member Franklin commented on a Safe Streets update that was distributed by email this week by Hil Kaman, Administration. She also reported on her attendance at the 25th Annual Nubian Jam event, organized by the Snohomish County Black Heritage Committee, and last week' s Animal Shelter Advisory Board meeting. Council Member Roberts reported that he attended the Nubian Jam event and the 2017 Sustainability Fair held on July 29 at McCollum Park. President Tuohy reminded citizens that tomorrow is National Night Out, and she encouraged everyone to view details on the City website and to visit one or more locations. ADMINISTRATION UPDATE ON PRIOR BUSINESS Debra Bryant, Administration, had no report. CITY ATTORNEY City Attorney Iles had no report. 250  July 31, 2017 CITIZEN COMMENTS Gail Chism, Everett, spoke about her recent visit to the emergency room and acknowledged the Everett Fire Department who responded. PROPOSED ACTION ITEMS: COUNCIL BILL SECOND READING: AN ORDINANCE relating to Lewd Conduct, amending Ordinance No. 1145- 85 as amended ( Chapter 10. 24 EMC) COUNCIL BILL SECOND READING: AN ORDINANCE concerning the regulation of Quick Service Facilities, including Barista Stands COUNCIL BILL SECOND READING: AN ORDINANCE closing a special improvement project entitled Hawthorne Elementary Safe Routes to School," Fund 303, Program 097, as established by Ordinance No. 3316- 13 COUNCIL BILL SECOND READING: AN ORDINANCE granting permission to Lynch Industrial Park, LLC for an overhead covered walkway across Wetmore Avenue, between Blocks 666 and 667, Plat of Everett, Snohomish County, Washington, approximately sixteen ( 16) feet south of California 251  July 31, 2017 Street; and specifying the conditions under which this permission is granted Council Member Murphy inquired about the City's obligation to inspect the walkway. Debra Bryant, Administration, stated she would work with staff and report back. CONSENT ITEMS: Moved by Council Member Franklin, seconded by Council Member Moore, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7148 acknowledging the payment of audited and approved claims against the City of Everett in the amount of 1, 525, 193. 54 for the period of July 15, 2017, through July 21, 2017. RESOLUTION — PAYROLL CLAIMS To adopt Resolution No. 7149 acknowledging the payment of audited and approved payroll claims against the City of Everett in the amount of$ 4, 601, 363. 84 for the period ending July 8, 2017. STREET CLOSURE —NEIGHBORHOOD BLOCK PARTY To authorize the closure of a portion of Ridgemont Drive, on August 6, 2017, from 4 p. m. to 7 p. m., for a block party sponsored by the local neighborhood. Roll was called with all council members voting yes, except Council Member Bader who was excused. Motion carried. 252  July 31, 2017 PUBLIC HEARING — COUNCIL BILL 1707- 30: President Tuohy provided the following recap regarding Council Bill 1707- 30: On July 19, the Council held the first and second reading on this ordinance and took public comment. Due to the importance of this issue, Council requested a special meeting be set for the third reading that would provide greater public input on the issue as well as the opportunity for all Council members to participate. As such, tonight's special meeting was scheduled with a public hearing. City Attorney Iles explained the purpose of the ordinance was to act as a placeholder that puts the Council in a position to adopt an ordinance transmitting the districting petition to the County if the City receives notice from the County that sufficient signatures have been verified. He stated the County has not issued that notice because no petition has been submitted, which means the ordinance as written cannot be adopted by the City Council tonight. Because of this, the practical question before the City Council regarding this ordinance is whether to amend it so that it can be adopted. If there is no amending motion that receives four votes, Council Bill 1707- 30 will remain on the books as written in the first and second readings, and there will be no third reading of Council Bill 1707- 30 this evening. City Attorney Iles stated that based on Council' s request at the meeting on July 19, staff has provided language for Council' s consideration that would amend the proposed ordinance to directly place the charter amendments in petitioner's districting proposal on the November 2017 ballot. This is based on Council' s independent authority under City Charter Section 16. 1 to propose charter amendments to the people, which is the same authority that City Council used last year to propose charter amendments in the November 2016 election. This authority is completely independent of the petition process. President Tuohy opened a public hearing concerning a vote on the issue of creating districts to elect five of seven Everett City Council members and requesting that the Snohomish County Auditor place this measure on the ballot of the November 2017 ballot. Council Member Bader entered the Council Chambers at 6: 54 p. m. 253  July 31, 2017 The following individuals spoke in favor of placing the measure on the November 2017 ballot: Bob Creamer, Everett Louis Harris, Vice President, NAACP Charlene Rawson, Everett Jo Munnich, Everett Aaron Powell, Everett Megan Dunn, Everett Douglas Evans, CEO, 38th Democrats Mary Rollins, Everett Paula Townsell, Everett Michael Trujillo, Everett Pamela Kepford, Everett Pat Fogarty- Cramer, League of Women Voters Liz Vogeli, Everett Mike Lapointe, Everett Hillary Pirtle, Everett Brenda Balanos Ivory, Everett Chris Glans, Everett Karen Pauley, Everett Vicki Howell, Everett Rolf Vitous, Everett Diane Claussen, Everett Jonathan Peebles, Everett Julie Langabeer, Everett Greg Lineberry, Everett Jackie Minchew, Everett Bill Sheets, Everett Nicholas Quijano, Everett Gail Chism, Everett Ardis Hallanger, Everett Alexander Lark, Everett Joseph Erickson, Everett Alan Pohl, Everett Sal Castruita, Everett 254  July 31, 2017 The following individuals were opposed to placing the measure as written on the November 2017 ballot: Nathan Shelby, Everett Sharita Burton, Everett Tye Ferrell, Everett Moved by Council Member Stonecipher, seconded by Council Member Roberts, to close the public hearing. Roll was called with all council members voting yes. Motion carried. The City Council recessed for a short break at 8: 12 p. m. and reconvened at 8: 17 p. m. President Tuohy restated that the ordinance as currently written cannot be adopted unless the County has first informed the City that the petition has sufficient verified signatures, which has not occurred. She stated because of this, the practical question before the City Council is whether to amend the ordinance. Council members thanked everyone for attending the meeting and each member provided comments about the importance of representative government and the process for the creation of districts. COUNCIL BILL 1707- 30 THIRD AND FINAL READING: AN ORDINANCE concerning a vote on the issue of creating districts to elect five of seven Everett City Council members and requesting that the Snohomish County Auditor place this measure on the ballot of the November 2017 ballot 255  July 31, 2017 Moved by Council Member Stonecipher, seconded by President Tuohy, to amend Council Bill 1707- 30 placing the charter amendments contained in the petition to be directly placed on the November 2017 ballot. The City Clerk was directed to call the roll for the final disposition of the ordinance as amended. AYES: Stonecipher, Tuohy NAYS: Roberts, Moore, Murphy, Franklin, Bader EXCUSED: None Motion failed. In accordance with Council Procedures, Council Member Roberts requested authority to work with Legal staff to draft for Council' s consideration a proposal concerning the development of a commission resulting in a districting proposal for a ballot measure in November 2018. This was supported by Council Member Franklin. Council Member Stonecipher stated the General Government Subcommittee had already reviewed th'e issue, and recommended any future proposal not be returned to the same committee for review. Council Member Murphy suggested an opportunity for a broad discussion could occur at the next City Council Retreat in October. Council Member Moore suggested a discussion in October may not allow adequate time for all of the steps that need to occur prior to November 2018. City Attorney Iles stated that based on Council Procedures, the Council President could authorize the two council members to come up with a framework that could be discussed by Council at a future meeting. President Tuohy provided that in conjunction with the development with Legal staff of a draft proposal for Council review, a timeline can be developed as well. 256  July 31, 2017 President Tuohy stated that because the amending motion did not receive four votes, Council Bill 1707- 30 remains as written in the first and second readings, and as cannot be adopted by the City Council this such, evening, and there will be no third reading of Council Bill 1707- 30 at this time. The City Council adjourned at 9: 15 p. m. D'1 L- ex11t i y Clerk Read and approved as printed. C. un it Presi./ t 21(- 12c 257