Everett City Council

September 6, 2017 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., September 6, 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. Mayor Stephanson was excused. Council Member Bader led the Pledge of Allegiance. The minutes of the August 30, 2017, City Council meeting were approved as printed. Council Member Roberts abstained from the vote. MAYOR Mayor Stephanson was excused. COUNCIL Council Member Franklin reported on her attendance at the International Overdose Awareness Day Candlelight Vigil held on August 31 . She also reported on the Safe Streets update presented at the Public Safety Subcommittee meeting earlier this evening. Council Member Murphy provided a reminder that the Budget Subcommittee is scheduled to meet next Wednesday at 5: 15 p. m. in the Council chambers. Council Member Stonecipher also reported on her attendance at the candlelight She acknowledged the efforts of City staff and the vigil. Snohomish Health District, as well as the Warfield family for spearheading the event. Council Member Roberts commented on the Public Safety Subcommittee discussion relating to the opioid epidemic and treatment facilities. He inquired about the status of zoning and the need to look at other treatment options in the community. Council Member Roberts also commented 298  September 6, 2017 about vacant and abandoned homes becoming city nuisances and requested an update. Debra Bryant stated she would coordinate an update and report back to the Council. President Tuohy spoke about her attendance at the candlelight vigil. She thanked all who helped organize the event and expressed appreciation for Police Chief Templeman' s remarks that evening. She reminded the public to visit the city website to learn more about Everett Essentials, the City' s 9- week civic academy course that begins on September 25. ADMINISTRATION UPDATE ON PRIOR BUSINESS Debra Bryant, Administration, had no report. CITY ATTORNEY City Attorney Iles requested an executive session, anticipated to last no longer than 30 minutes, concerning two legal matters pursuant to RCW 42. 30. 110( 1)( i)( b)( c) with no announcement to follow. CITIZEN COMMENTS Sean Renfro, Everett, spoke about a criminal matter and requested assistance from the City. Aaron Powell, Everett, spoke about the crime in south Everett and the low- barrier housing project. President Tuohy announced a 10- minute recess at 6: 47 p. m. The meeting was reconvened at 7: 01 p. m. 299  September 6, 2017 COUNCIL BRIEFING AGENDA: Authorize the Mayor to sign Amendment No. 7 to the Agreement of Purchase and Sale of Real Property, in substantially the form provided for former Smith Street Mill site. Presented by Mike Palacios, Facilities/ Real Property Tom Hingson, Transportation Services, spoke about the need to secure the site for additional bus and paratransit van parking. Council Member Roberts commented on the importance of having additional dialogue about all of the pieces in relationship to the big picture. COUNCIL BILL 1708- 44 FIRST READING: AN ORDINANCE providing for the vacation of a portion of Seaway Boulevard lying south of 75th Street SW Presented by Mike Palacios, Facilities/ Real Property PROPOSED ACTION ITEMS: COUNCIL BILL 1708- 36 SECOND READING: AN ORDINANCE approving the appropriations of the 2017 revised City of Everett Budget and amending Ordinance No. 3544- 17 Debra Bryant, Administration, noted that Council Bill 1708- 36 would be continued again as a second reading next week. CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Bader, to approve the following consent items: 300  September 6, 2017 RESOLUTION - CLAIMS To adopt Resolution No. 7160 acknowledging the payment of audited and approved claims against the City of Everett in the amount of 3, 791, 272. 53 for the period of August 19, 2017, through August 25, 2017. RESOLUTION — PAYROLL CLAIMS To adopt Resolution No. 7161 acknowledging the payment of audited and approved payroll claims against the City of Everett in the amount of $4, 045, 164. 10 for the period ending August 19, 2017. Roll was called with all council members voting yes. Motion carried. PUBLIC HEARING — EVERETT TRANSIT DEVELOPMENT PLAN AND ANNUAL REPORT: Council President Tuohy opened a public hearing regarding the 2017- 2022 Everett Transit Development Plan and 2016 Annual Report. Tom Hingson, Transportation Services, stated that tonight is the final opportunity for public comment on the TDP six-year plan and annual report before it is submitted to the Washington State Department of Transportation as required. He stated the Transportation Advisory Committee ( TAC) provided input and recommends its acceptance. Sabina Popa, Transportation Services, presented the plan. Considerable discussion ensued regarding service levels, asset management, vehicle replacement schedules, and operating revenues and expenses. 301  September 6, 2017 Council Member Stonecipher requested Council be provided a copy of the Federal Transit Asset Management Plan, which is due by September 20, 2018. President Tuohy invited public comment. J. T. Dray, Everett, spoke about the importance of the Complete Streets Project as it relates to Transit service. He spoke about the role of the Transportation Advisory Committee ( TAC) and noted he was the only member that did not vote for acceptance of the plan. Moved by Council Member Roberts, seconded by Council Member Stonecipher, to close the public hearing. Roll was called with all council members voting yes. Motion carried. President Tuohy stated that no Council action is required for this item. ACTION ITEMS: AGREEMENT —ACQUISITION OF PROPERTY AT 3020 RUCKER AVE. Moved by Council Member Bader, seconded by Council Member Moore, to authorize the Mayor to sign the Purchase and Sale Agreement with Snohomish County Health District, in substantially the form as attached, and take all other actions necessary for the acquisition of property located at 3020 Rucker Avenue. Council Member Murphy clarified that he is the Council liaison to the Snohomish Health District and currently serves on the board. He stated he has consulted with City Attorney Jim Iles, as well as the attorney for the Health District, regarding his role in the action for this item and Action Item No. 8. He stated the attorneys concluded that he can participate in the City action, but he will recuse himself from future action by the Snohomish Health District Board. 302  September 6, 2017 Council Member Franklin requested additional information relating to the overall big picture for the operation of Public Works. Debra Bryant stated she would work with staff to provide this information. Considerable discussion ensued regarding the project timeline and phasing strategy, the options to keep employees at the Cedar Street site safe, the needs and options that are available to complete the project, and the long- term costs and funding mechanisms. Gina Loring, Everett, thanked council members and City staff for responding to the safety concerns expressed by the employees of the Public Works Department. Roll was called with all council members voting yes. Motion carried. AGREEMENT —PUBLIC WORKS RUCKER BUILDING STUDY Moved by Council Member Franklin, seconded by Council Member Roberts, to authorize the Mayor to sign the Professional Services Agreement with the DLR Group for the Public Works Rucker Building Study in the amount of$ 69, 760. Roll was called with all council members voting yes. Motion carried. CHANGE ORDER — WFP PROGRAMMED LOGIC CONTROLLERS REPLACEMENT PROJECT Moved by Council Member Bader, seconded by Council Member Franklin, to authorize the Mayor to sign Change Order No. 2 with Seahurst Electric, Inc. for the Water Filtration Plant Programmed Logic Controllers Replacement Project for the additional amount of 108, 186. 29 and extending the completion date to October 31, 2017. 303  September 6, 2017 Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 1708- 43 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project entitled, Complete Streets 2017," Fund 303, Program 110, to accumulate all costs for the improvement Moved by Council Member Roberts, seconded by Council Member Stonecipher, that this is declared to be the third and final reading of Council Bill No. 1708- 43, and the city clerk is directed to call the roll for the final disposition of the ordinance AYES: Roberts, Moore, Murphy, Bader, Franklin, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3563- 17 adopted. COUNCIL BILL 1708- 38 THIRD AND FINAL READING: AN ORDINANCE relating to Voyeurism in the Second Degree, amending Ordinance No. 1145- 85 Moved by Council Member Franklin, seconded by Council Member Murphy, that this is declared to be the third and final reading of Council Bill No. 1708- 38, and the city clerk is directed to call the roll for the final disposition of the ordinance 304  September 6, 2017 AYES: Roberts, Moore, Murphy, Bader, Franklin, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3564- 17 adopted. COUNCIL BILL 1708- 39 THIRD AND FINAL READING: AN ORDINANCE relating to Enforcement of No- Contact Orders Protecting Victims of Human Trafficking and Prostitution, amending Ordinance No. 1234- 86, as amended ( EMC 10. 22. 040) Moved by Council Member Franklin, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 1708- 39, and the city clerk is directed to call the roll for the final disposition of the ordinance AYES: Roberts, Moore, Murphy, Bader, Franklin, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3565- 17 adopted. COUNCIL BILL 1708- 40 THIRD AND FINAL READING: AN ORDINANCE relating to Assault Domestic Violence, amending Section 1 of Ordinance No. 1360- 87 ( Chapter 10. 16. 010 EMC) Moved by Council Member Stonecipher, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 1708- 40, and the city clerk is directed to call the roll for the final disposition of the ordinance 305  September 6, 2017 AYES: Roberts, Moore, Murphy, Bader, Franklin, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3566- 17 adopted. COUNCIL BILL 1708- 41 THIRD AND FINAL READING: AN ORDINANCE relating to Criminal Mistreatment, amending Ordinance No. 2468- 00, as amended, and Ordinance No. 2621- 02 Chapter 10. 19 EMC) Moved by Council Member Franklin, seconded by Council Member Stonecipher, that this is declared to be the third and final reading of Council Bill No. 1708- 41, and the city clerk is directed to call the roll for the final disposition of the ordinance AYES: Roberts, Moore, Murphy, Bader, Franklin, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3567- 17 adopted. COUNCIL BILL 1708- 42 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project entitled, Main Library Window Replacement Project," Fund 342, Program 019, to accumulate all costs for the improvement project and repealing Ordinance 3492- 16 Moved by Council Member Murphy, seconded by Council Member Franklin, that this is declared to be the third and final reading of 306  September 6, 2017 Council Bill No. 1708- 42, and the city clerk is directed to call the roll for the final disposition of the ordinance AYES: Roberts, Moore, Murphy, Bader, Franklin, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance No. 3568- 17 adopted. AGREEMENT — GRANT FOR EVERETT ANIMAL SHELTER SANITATION AND OPERATIONS EXPENSES Moved by Council Member Franklin, seconded by Council Member Stonecipher, to authorize the Mayor to sign the $ 12, 000 grant from the American Society for the Prevention of Cruelty to Animals for sanitation and operations expenses at no cost to the city. 410 Roll was called with all council members voting yes. Motion carried. EXECUTIVE SESSION: The City Council recessed for an executive session at 8: 21 p. m. and reconvened at 8: 50 p. m. President Tuohy announced the extension of the executive session for an additional 10 minutes. The City Council reconvened and adjourned at 9: 03 p. m. jhah00“ 6,_ City Clerk Read and approved as printed. di // t Cou • il Presid- t 307