Everett City Council

May 16, 2018 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., May 16, 2018, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Roberts presiding. Upon roll call, it was found that Mayor Franklin and Council Members Roberts, Moore, McNeal, Bader, Stonecipher, and Tuohy were present. Council Member Murphy was excused. Council Member Moore led the Pledge of Allegiance. The minutes of the May 9, 2018, City Council meeting were approved as printed. MAYOR Mayor Franklin stated that she is participating in a challenge for miles cycled against Mukilteo' s Mayor during Bike Month. She announced Everett Station' s Bike Everywhere Day celebration from 6 a. m. to 9 a. m. on May 18. COUNCIL Council Member McNeal stated she attended the Child Strive luncheon and the Snohomish County Tourism Summit last week. Council Member Tuohy provided a liaison report from the Harborview Neighborhood meeting. ADMINISTRATION UPDATE ON PRIOR BUSINESS Nick Harper, Administration, had no report. CITY ATTORNEY City Attorney Iles requested an executive session, anticipated to last no longer than 10 minutes, concerning a legal matter pursuant to RCW 42. 30. 110 ( 1)( i)( c) with no announcement to follow. 155  May 16, 2018 CITIZEN COMMENTS: There were no citizens who wished to speak. COUNCIL BRIEFING AGENDA: Briefing on redesign of the City's self-insured Health Management Associates ( HMA) Medical plan Presented by Sharon DeHaan, Human Resources, and Keith Robertson, Alliant Employee Benefits Discussion ensued regarding member incentives, the structure of a city- sponsored clinic, timeline for implementation, HRANEBA, and satisfaction expressed by the City of Kirkland— the only other city in Washington with this design. Award Request for Proposal 2017- 056 for Workers' Compensation Third Party Self-Insured Administration and Consulting Services to CorVel Enterprise Corp, Inc. in the estimated amount of $406, 998, including Washington State sales tax for a three- year term Presented by Theresa Bauccio, Purchasing, and Sharon DeHaan, Human Resources Discussion ensued regarding service requirements, annual projected savings, and employee satisfaction. Council Member Stonecipher requested clarification on a 24- hour response time on open claims. Ms. Bauccio and Ms. DeHaan stated they would provide that information before the next council meeting, when this item is scheduled for action. CONSENT ITEMS: Moved by Council Member Bader, seconded by Council Member Stonecipher, to approve the following consent items: 156  May 16, 2018 RESOLUTION - CLAIMS To adopt Resolution No. 7244 acknowledging the payment of audited and approved claims against the City of Everett in the amount of 1, 155, 055. 23 for the period of April 28, 2018, through May 4, 2018. RESOLUTION - PAYROLL To adopt Resolution No. 7245 acknowledging payment of payroll claims against the City of Everett in the amount of $4, 045, 939. 64 for the period ending April 28, 2018. STREET CLOSURE - HOT AUGUST NIGHTS To authorize the closure of a portion of 10th Street ( between Rucker Avenue and Grand Avenue) on August 11, 2018, 10 a. m. to 11 p. m., for the 3rd Annual Hot August Nights block party. PURCHASE — FORD VEHICLES To authorize purchase of four Ford vehicles from Bickford Motors in the amount of$ 174,742. 04, including Washington State sales tax. Roll was called with all council members voting yes, except Council Member Murphy who was excused. Motion carried. PUBLIC HEARING — COUNCIL BILL 1804- 18 President Roberts opened a public hearing regarding the Proposed 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. Allan Giffen, Planning, provide an overview of the proposed ordinance. 157  May 16, 2018 The following people spoke in favor of the proposed ordinance: Tre Sewell, Everett Sean O' Sullivan, Lake Stevens Julia Lee, Lacey Jona Cheatam, Goldbar Philip Dawdy, Seattle Chester Curtis, Everett Josh Estes, Marysville Kristina Franklin, Seattle Jeremy Moberg, Riverside Nathan Pinknay, Stanwood John Dimas, Everett Christian Funke, Everett Dominic Humphrey, Everett Josh Shade, Everett Ian Duecy, Everett Shy Sadis, Everett Shaun Preder, Everett Dylan ( no last name provided), Seattle The following people spoke in opposition of the proposed ordinance: Kent Peverly, Everett Geoffrey Mattens, Everett Donald Jacques, Mill Creek Robert Hernandez, Everett Bob McGowan, Snohomish Robert Smiley, Edmonds Mark Staab, Everett Alan Paul, Everett Jamelynd Siguenza was called to speak but did not come forward. Moved by Council Member Bader, seconded by Council Member Stonecipher, to close the public hearing. 158  May 16, 2018 Roll was called with all council members voting yes, except Council Member Murphy who was excused. Motion carried. COUNCIL BILL 1804- 18 THIRD AND FINAL 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 Moved by Council Member Stonecipher, seconded by Council Member Tuohy, that this is declared to be the third and final reading of Council Bill No. 1804- 18. Council Member Bader stated his concern regarding neighboring jurisdiction moratoriums versus Everett' s retail stores and stated he would be voting no. Council Member Tuohy expressed concern regarding the current stores two of five) lack of medical endorsements from the State, and she would be voting yes to increase medical access. Council Member Stonecipher stated that the demand for marijuana, medical and otherwise, is evolving. She stated she did not want to support a monopoly and encouraged a free market, and would be voting yes. Council Member Moore planned to vote no because of the structure of the ordinance, public perception of Everett and future economic development, and that access to marijuana stores is not currently lacking. Council Member McNeal stated her intention to vote no was based on the lack of Everett citizens speaking for the ordinance and the education of young people. 159  May 16, 2018 President Roberts read a statement for the records which was provided by Council Member Murphy, who could not attend the meeting. President Roberts spoke about the medical endorsements and presented the following amendment: Moved by Council Member Roberts, seconded by Council Member Moore, to amend Section 14 of the Ordinance to read " Retail marijuana stores must have a current Medical Endorsement from the Washington State Liquor and Cannabis Board. This requirement does not apply to any retail marijuana store that is fully licensed by the State and is in compliance with the city' s zoning and other regulations as of June 1, 2018, as long as that store remains the same ownership, operates at the same location, and is not closed for more than two months at any one time." Roll was called with all council members voting yes, except Council Member Moore who voted no, and Council Member Murphy who was excused. Motion carried. The City clerk was directed to take roll on the third and final reading of the Council Bill 1804- 18, as amended. AYES: Roberts, Stonecipher, Tuohy NAYS: Moore, McNeal, Bader EXCUSED: Murphy Motion failed. President Roberts stated that EMC 19. 39. 145 requires the city to review the number of stores before June 1, 2018 and the consideration today satisfied that requirement. 160  May 16, 2018 ACTION ITEMS: COUNCIL BILL NO 1804- 19 THIRD AND FINAL 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 Moved by Council Member Bader, seconded by Council Member McNeal, that this is declared to be the third and final reading of Council Bill No. 1804- 19 and the City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, McNeal, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: Murphy Ordinance No. 3604- 18 adopted. RESOLUTION — 1611 24TH STREET Moved by Council Member Tuohy, seconded by Council Member Bader, to adopt Resolution No. 7246 authorizing the recovery of abatement costs, pursuant to EMC 1. 20. 090, at 1611 24th Street. Roll was called with all council members voting yes, except Council Member Murphy who was excused. Motion carried. 161  May 16, 2018 The City Council meeting recessed for an executive session at 9: 13 p. m., reconvened, and adjourned at 9: 21 p. m. City lerk designee Read and approved as printed. ouncil President 162