Everett City Council

May 2, 2018 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., May 2, 2018, in the City Council Chambers of the William E. Moore Historic City Hall, Council Vice President Bader presiding. Upon roll call, it was found that Mayor Franklin and Council Members Murphy, McNeal, Bader, Stonecipher, and Tuohy were present. Council Members Roberts and Moore were excused. Council Member Bader led the Pledge of Allegiance. The minutes of the April 25, 2018, City Council meeting were approved as printed. Council Member Stonecipher abstained from the vote. MAYOR Mayor Franklin had no comments. COUNCIL Council Member McNeal reported on her attendance at the Workers Memorial Day observance: " Mourn the dead. Fight for the living," and the North Puget Sound Conference " Equitable Justice - A Fundamental Right." Council Member Tuohy announced that the Public Safety Subcommittee meeting has been moved to June 13, and there will be no Public Safety Subcommittee meeting on May 9. She also reported on her attendance at the Women' s Fundraiser Breakfast, held at Imagine Children' s Museum. Council Member Murphy provided a liaison report on his attendance at the monthly Public Facilities District ( PFD) Board meeting. He also provided a recap of the Budget and Finance Subcommittee meeting held earlier this evening. Vice President Bader announced that Action Item No. 11 had been pulled from the agenda. 140  May 2, 2018 ADMINISTRATION UPDATE ON PRIOR BUSINESS Paul Kaftanski, 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)( c) with no announcement to follow. CITIZEN COMMENTS Brittney Rourke, Everett, introduced the Everett Bike and Walk Group, suggested the City work on bikeability and walkability, and encouraged adoption of the Bicycle Master Plan. Dan Scott, Everett, spoke in support of the Everett Bike and Walk Group' s suggestions. COUNCIL BRIEFING AGENDA: Briefing on the City of Everett 125th Anniversary Celebration Presented by Julio Cortes, Administration Council Member Murphy requested the tracking of all expenses for budget purposes. COUNCIL BILL 1804- 18 FIRST READING: AN ORDINANCE amending Section C of Ordinance No. 3486- 16 EMC 19. 39. 145, as amended), increasing the number of permitted recreational marijuana retail stores to not more than ten and reducing the required separation between stores to five hundred feet Presented by Allan Giffen, Planning 141  May 2, 2018 Council Member Tuohy inquired about Tacoma' s buffer for sensitive land uses. Allan Giffen, stated he will provide this information to the Council. Kent Peverly, Susan Faith Mischel, Robert Hernandez, and Dr. James Mischel, all of Everett, spoke in opposition to the proposed ordinance. Dillon Gilbert, Seattle, spoke in support of the proposed ordinance. Council Member Murphy inquired about a tax revenue impact and the anticipated additional compliance and enforcement costs. Allan Giffen stated that information on additional tax revenue received will be provided to the Council. He also stated that police reports did not show any increase in calls for service around existing retail stores; therefore, an analysis of additional enforcement costs was not done. COUNCIL BILL 1804- 19 FIRST READING: AN ORDINANCE creating a Special Improvement Project entitled American Legion Memorial Park Playground Replacement— Phase 2," Fund 354, Program 056, for the Replacement of Park Playground Equipment Presented by Bob Leonard, Parks Authorize the Mayor to sign the agreement with the YMCA of Snohomish County specifying certain cooperative undertakings to benefit the residents of the City and the programs of the YMCA Presented by Paul Kaftanski, Administration Victor Harris, Everett, inquired about size and capacity of the pool. Paul Kaftanski responded to Mr. Harris' question. 142  May 2, 2018 PROPOSED ACTION ITEMS: COUNCIL BILL 1803- 17 SECOND READING: AN ORDINANCE amending the City' s regulations for Electric Fences, amending Section 39 of Ordinance No. 1671- 89, as amended ( EMC 19. 39. 070); Section 3( B) of Chapter 4 of Ordinance No. 2530- 01, as amended ( EMC 15. 16. 080. A); and Section 1 of Ordinance No. 4022, as amended ( EMC 16. 56. 010) CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Tuohy, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7240 acknowledging the payment of audited and approved claims against the City of Everett in the amount of 2, 544, 331. 12 for the period of April 14, 2018, through April 20, 2018. RESOLUTION — PAYROLL CLAIMS To adopt Resolution No. 7241 acknowledging the payment of audited and approved payroll claims against the City of Everett in the amount of$ 4,000, 304. 22 for the period ending April 14, 2018. BID REJECTION — 4TH AVENUE TO EAST MALL DRIVE INTERSECTION SAFETY PROJECT To reject the bid received on April 10, 2018, for the Everett Mall Way - 4th Avenue to East Mall Drive Intersection Safety Project and authorize a new Call for Bids to be issued within the next 10 months. 143  May 2, 2018 Roll was called with all council members voting yes, except Council Members Roberts and Moore who were excused. Motion carried. ACTION ITEMS: COUNCIL BILL 1804- 16 THIRD AND FINAL READING: AN ORDINANCE closing a Special Improvement Project entitled, Police Headquarters Masonry Restoration Project," Fund 342, Program 020, as established by Ordinance No. 3545- 17 Moved by Council Member Stonecipher, seconded by Council Member McNeal, that this is declared to be the third and final reading of Council Bill No. 1804- 16. The City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, McNeal, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: Roberts, Moore Ordinance No. 3602- 18 adopted. AGREEMENT — HOMELAND SECURITY GRANT Moved by Council Member McNeal, seconded by Council Member Stonecipher, to authorize the Mayor to sign a Homeland Security Grant Agreement with Snohomish County to receive grant funds to purchase search and rescue equipment in the amount of$ 7, 700. 144  May 2, 2018 Roll was called with all council members voting yes, except Council Members Roberts and Moore who were excused. Motion carried. AGREEMENT AMENDED — REPLACEMENT OF RESERVOIR 2 Authorize the Mayor to sign Supplemental Agreement 1 to the Professional Services Agreement with Murray, Smith & Associates, Inc. to provide final design and bid support services for the replacement of Reservoir 2 in an amount not to exceed $ 805, 333. This item was pulled from the agenda. AGREEMENT AMENDED — CITYWIDE INTERSECTION SIGNING PROJECT Moved by Council Member Tuohy, seconded by Council Member Murphy, to authorize the Mayor to sign Change Order 2 with Trinity Contractors, Inc. for extending the duration of the citywide Intersection Signing Project at no additional cost to the city. Roll was called with all council members voting yes, except Council Members Roberts and Moore who were excused. Motion carried. AGREEMENT — MARSHLAND DRAINAGE BASIN Moved by Council Member McNeal, seconded by Council Member Tuohy, to authorize the Mayor to sign the Intergovernmental Services Agreement between Snohomish County and the City of Everett for GIS Analysis of the Everett Area Upland of Marshland Drainage Basin. 145  May 2, 2018 Roll was called with all council members voting yes, except Council Members Roberts and Moore who were excused. Motion carried. AGREEMENT — ASSESSMENT OF THE CITY OF EVERETT' S PUBLIC WORKS DEPARTMENT Moved by Council Member Murphy, seconded by Council Member Tuohy, to authorize the Mayor to sign a Professional Services Agreement with Matrix Consulting Group to conduct an operational and organizational assessment of the City of Everett' s Public Works Department in an amount not to exceed $ 81, 000. Roll was called with all council members voting yes, except Council Members Roberts and Moore who were excused. EXECUTIVE SESSION The City Council recessed for an executive session at 7: 53 p. m., reconvened, and adjourned at 8: 21 p. m. n.a. 19n/ W16-1--r Deputy City Clerk Read and approved as printed. Counci e President 146