Everett City Council

December 4, 2019 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., December 4, 2019, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Bader presiding. Upon roll call, it was found that Mayor Franklin and Council Members Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, and Tuohy were present. Council Member Roberts led the Pledge of Allegiance. The minutes of the November 27, 2019, City Council meeting were approved as printed. Council Member Roberts, Vogeli, and Stonecipher abstained from the vote. MAYOR Mayor Franklin introduced Snohomish County Council Member Brian Sullivan, who presented the City with an $ 80, 000 check for construction of an off- leash dog area at Lowell Park. Mayor Franklin thanked County Council Member Sullivan, accepted the check, and a photo was taken. APPOINTMENT Moved by Council Member Vogeli, seconded by Council Member Roberts, to concur with the following appointment: Cultural Arts Commission Appointment of Alexander Tartaruga Vincini to Position 7 for the remainder of a six- year term expiring December 31, 2022. Roll was called with all council members voting yes. Motion carried. al 363  December 4, 2019 COUNCIL Council members thanked County Council Member Sullivan. Council Member Vogeli stated that Mariner High School is presenting a community event showing a full- length documentary, " Unseen Cualtzin," a film dedicated to the community of South Everett on December 6 and 7 at 6: 30 p. m. Council Member Moore stated that as he is the chief financial officer with Everett Public Schools, he would be preemptively recusing himself from Item # 10, a public hearing on Council Bill 1911- 54. Council Member Roberts provided an update from the Planning Commission meeting. He also stated that the next General Government Subcommittee meeting is scheduled for December 18. Council Member Moore requested that the parks naming process be added to next General Government Subcommittee meeting agenda. Council Vice President Tuohy announced that the reopening of the Evergreen Branch Library will be held on Friday, December 6, at 2 p. m. Council Member Stonecipher provided a liaison report from the Parks Board and Tree Committee meeting. She also stated she attended the Friends of the Everett Public Library reception at the Van Valey House on Tuesday. Council Member Stonecipher announced the next Public Safety Subcommittee meeting is scheduled for December 11 at 5 p. m. President Bader stated that Item # 18 has been moved from the Council Briefing Agenda to Action Items and that the action items would be moved before the public hearings scheduled for the evening. ADMINISTRATION UPDATE ON PRIOR BUSINESS Chief of Staff Lyle Ryan had no report. S. 364  December 4, 2019 CITY ATTORNEY City Attorney David Hall requested an executive session, to last no longer than 10 minutes, for a legal matter pursuant to RCW 42. 30. 110( 1)( i)( iii) with council action to follow. PUBLIC COMMENT Howie Bargreen, Jim Staniford, and Suariela Stoyaunova, all of Everett, spoke about the impact the Rucker Renewal project is having on their respective businesses. Council members discussed assisting the businesses and requested an update from staff on the status of the Rucker Renewal project. Mayor Franklin stated that an update would be provided next week by Public Works. William Parent, Everett, spoke about bringing large events to Everett. Jean Rittmann, Everett, spoke about a zoning issue. Mayor Franklin and City Attorney Hall responded to Ms. Rittmann' s comments stating that the city has already addressed Ms. Rittmann' s claims and all legal actions taken by Ms. Rittmann have been dismissed in court. Laina Brown, Everett, spoke about homeless issues, housing, and road and alley improvements. CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Roberts, to approve the following consent items: 365  December 4, 2019 RESOLUTION - CLAIMS To adopt Resolution No. 7455 authorizing claims against the City of Everett in the amount of $ 1, 674, 332. 52 for the period of November 16, 2019, through November 22, 2019. RESOLUTION — PAYROLL CLAIMS To adopt Resolution No. 7456 authorizing payroll claims against the City of Everett in the amount of$ 4, 117, 676. 72 for the period ending November 9, 2019. CONTRACT AWARD — ELECTRICAL, LIGHTING, DATA COMMUNCIATIONS AND SECURITY PRODUCTS AND RELATED PRODUCTS To award contract to Graybar Electric Company Incorporated through US Communities Contract # EV2370/ EVT# 2019- 024 and authorize approximately 150, 000 in annual spending. INVITATION FOR BID — FORD AUTOMOTIVE PARTS To authorize release of Invitation for Bid # 2019- 112 for Ford Automotive Parts. INVITATION FOR BID - FOR MAINTENANCE, REPAIR AND OPERATING MATERIALS To authorize release of Invitation for Bid# 2019- 123 for Maintenance, Repair and Operating Materials. AGREEMENT AMENDED— GENERAL CONSTRUCTION SERVICES To authorize the Mayor to sign job order Contract Amendment No. 2 to RFP 2018- 022 for General Construction Services to Forma Construction and Burton Construction, Inc. 366  December 4, 2019 AGREEMENT— EQUIPMENT ACCESS AND TRAFFIC CONTROL To authorize the Mayor to sign the Maintenance Agreement with the Washington State Department of Transportation. AGREEMENT— ROTARY PARK RENOVATIONS PROJECT To authorize the Mayor to sign a Professional Services Agreement with Reid Middleton, Inc. for design and engineering Services for the " Rotary Park Renovations Project." Roll was called with all council members voting yes. Motion carried. ACTION ITEMS: COUNCIL BILL 1911- 55 THIRD AND FINAL READING: AN ORDINANCE creating the special construction fund, entitled " Fire Station No. 2 and Fire Station No. 6 - Additions and Alterations," Fund 342, Program 029, to accumulate the construction costs for the project in the amount of$ 850, 000 Moved by Council Member Roberts, seconded by Council Member Vogeli, that this is declared to be the third and final reading of Council Bill No. 1911- 55, and the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance 3709- 19 adopted. 010 367  December 4, 2019 COUNCIL BILL 1911- 56 THIRD AND FINAL READING: AN ORDINANCE Relating to Tax Administration, adopting the Association of Washington Cities 2019 version of the Model Tax Administration Ordinance and superseding existing provisions of Ordinance Nos. 2809- 04, 3041- 07, 3175- 10, 3305- 12, 3285- 14, 3497- 16, and 3524- 16 Moved by Council Member Tuohy, seconded by Council Member Moore, that this is declared to be the third and final reading of Council Bill No. 1911- 56, and the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance 3710- 19 adopted. COUNCIL BILL 1911- 57 THIRD AND FINAL READING: AN ORDINANCE Relating to Business and Occupation Tax, adopting the Association of Washington Cities 2019 version of the Model Business and Occupation Tax Ordinance and superseding existing provisions of Ordinance Nos. 2810- 04, 3042- 07, 3175- 10, 3304- 12, 3530- 17, and 3648- 18 Moved by Council Member Murphy, seconded by Council Member Roberts, that this is declared to be the third and final reading of Council Bill No. 1911- 57, and the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None 4 368  December 4, 2019 Ordinance 3711- 19 adopted. COUNCIL BILL 1911- 58 THIRD AND FINAL READING: AN ORDINANCE relating to Utility Taxes, amending Ordinance 3384- 14 Rev EMC 3. 28. 090) Moved by Council Member Stonecipher, seconded by Council Member Murphy, that this is declared to be the third and final reading of Council Bill No. 1911- 58, and the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance 3712- 19 adopted. CONTRACT AWARD — WATERMAIN REPLACEMENT " U" Moved by Council Member Roberts, seconded by Council Member Moore, to award contract and authorize the Mayor to sign the contract to Road Construction NW, Inc. for the construction of the Watermain Replacement " U" Project in the amount of$ 1, 698, 632. 90, including Washington State sales tax. Roll was called with all council members voting yes. Motion carried. CONTRACT AWARD— PLAYGROUND EQUIPMENT AND INSTALLATION Moved by Council Member Roberts, seconded by Council Member Moore, to S 369  December 4, 2019 award and authorize purchase of Playground Equipment and installation with Landscape Structures Inc. from Sourcewell contract # 030117- LSI/ EVT# EVT# 2018- 091 in the amount of $ 889, 991. 93, including Washington State sales tax. Roll was called with all council members voting yes. Motion carried. PUBLIC HEARING - COUNCIL BILL 1911- 59 President Bader opened the public hearing for Council Bill 1911- 59. There was no update and no citizens who wished to speak. Moved by Council Member Murphy, seconded by Council Member Roberts, to 4 close the public hearing. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 1911- 59 THIRD AND FINAL READING: AN ORDINANCE amending Ordinance No. 1671- 89, as amended by Section 2 of Ordinance No. 3615- 18 ( EMC 19. 20. 300 and 19. 20. 340), removing the Sunset Clause for Upper Floor Modulation and Design Standards in the Urban Mixed Zone for Development Abutting Residential Zones Moved by Council Member Murphy, seconded by Council Member Roberts, that this is declared to be the third and final reading of Council Bill No. 1911- 59, and A 370  December 4, 2019 the City Clerk is directed to call the roll for the final disposition of the ordinance. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance 3713- 19 adopted. Council Member Moore left Council Chambers at 7: 08 p. m. PUBLIC HEARING— COUNCIL BILL 1911- 54 Allan Giffen, Planning, provided an update to Council on the proposed ordinance, which included three options for consideration by Council. Option 1: Accept the Planning Commission recommendation to remove supportive housing as a permitted use in single- family zones and approve the proposed ordinance. Option 2:Keep the current code allowing supportive housing in single- family zones only on publicly owned land with hearing examiner review and reject the proposed ordinance. Option 3: Keep current code allowing supportive housing in single- family zones but modify development standards to be consistent with single- family housing, and send the ordinance back for staff revision. Discussion ensued regarding the definition of " supportive housing," the process for hearing examiner review, and building and parking standards. President Bader opened a public hearing regarding Council Bill 1911- 54, a proposed ordinance removing " Supportive Housing" as a permitted use in single- family zones, amending Ordinance No 1671- 89, as amended, and amending other regulations related to supportive housing in other zones. 371  December 4, 2019 The following individuals spoke in support of the proposed ordinance: Leslie Peterson Elizabeth Koenig James Ivory Ken Ries Victor Harris Ted Mausshardt Charles Booker Carol DuVall Lindsey Jungbluth Gregg Williams Dennis Doyle The following individuals spoke in opposition to the proposed ordinance: Greg Lineberry Raven Campbell Rachel Downes L Mary Anne Dillon Anita Dietrich Hayden Jones Dan Murphy Fred Safstrom Earl Hall Mary Helen Dean Caia Caldwell Chris Jowell Bryan Partingon Ryan Anderson Ashley Lommers- Johnson Jim Dean Joseph Nagle Allison Ahlgrim Carol Jensen John Mastrom 372  December 4, 2019 Julie Langabeer Michelle Fessler Laura Reed Angela DiFilippo Bob Jackson Charles Adkins Tim Ellis Mark Smith Kevin Phan Shauna Robinson Dan Nelson Brenda Bolanos Ivory Douglas Evans Jacque Julien Michelle Pendergrass Scott Sparling Mike O' Gorman Allison Warren- Barbour Chris Glans Camille Harden Christopher Anderson The following individuals were called to speak but did not come forward: Jack Arends Lisa Hall Kat Bartanen Aimelie Hovde- Girard The City Council recessed for a five- minute break at 8: 33 p. m. and reconvened at 8: 39 p. m. Moved by Council Member Roberts, seconded by Council Member Vogeli, to close the public hearing. S 373  December 4, 2019 Roll was called with all council members voting yes, except Council Member Moore who was recused. Motion carried. COUNCIL BILL 1911- 54 THIRD AND FINAL READING: AN ORDINANCE removing " Supportive Housing" as a Permitted Use in Single- Family Zones, amending Ordinance No 1671- 89, as amended, and amending other regulations related to Supportive Housing in other zones Moved by Council Member Vogeli to remove the moratorium on supportive housing in single- family residential zones. The motion died for lack of a second. Mayor Franklin and Council members thanked the public for testifying. Considerable discussion ensued regarding the need for housing, development standards, zoning, striving for transparency in the development process, striving for a welcoming community, and supporting children and the neighborhood. Council Member Murphy expressed the importance for City Council to look out for the neighborhoods, and did not agree with the Council being portrayed as not caring about homeless families, He encouraged continued work on supportive housing projects and suggested City staff inquire about the former Kmart on Evergreen Way as a possible location. Moved by Council Member Roberts, seconded by Council Member Stonecipher, to advise staff to construct an ordinance based on Option 3, which would keep the current code allowing supportive housing in single family zones, but modify development standards to be consistent with single- family housing. I. 374  December 4, 2019 Roll was called with all council members voting yes, except Council Member Murphy who voted no, and Council Member Moore who was recused. Motion carried. Mayor Franklin left Council Chambers at 10: 11 p. m. and returned at 10: 13 p. m. COUNCIL BRIEFING AGENDA: Washington State Department of Transportation ( WSDOT)- 1- 5 North Bound Marine View Drive to SR- 529 Corridor and Interchange Improvements Project. Presented by Kathy George, WSDOT Discussion ensued regarding lane closures, the construction timeline, project design, accident data for similar lanes throughout the state, possible impacts to funding due to the passage of 1- 976, and cost to the city of Everett. Council Member Roberts left Council Chambers at 10: 31 p. m. and returned at 10: 32 p. m. Authorize the Mayor to sign the Amended and Restated Priority Agreement for Cocoon House Colby Avenue. Presented by Julie Frauenholtz, Administration Authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with CG Engineering to provide structural engineering support services at Reservoir No. 3, extending the Agreement to December 31, 2020. Presented by Ryan Sass, Public Works COUNCIL BILL 1912- 64 FIRST READING: AN ORDINANCE creating a Special Improvement Project, entitled " Casino 5th Road & Avenue W. Pedestrian Safety," Fund 303, Program 117 375  December 4, 2019 amending Ordinance No. 3702- 19 Presented by Ryan Sass, Public Works COUNCIL BILL 1912- 65 FIRST READING: AN ORDINANCE creating a Special Improvement Project, entitled Edgewater Bridge Replacement," Fund 303, Program 115, to accumulate all costs for the improvement and repealing amending Ordinance No. 3636- 18 Presented by Ryan Sass, Public Works COUNCIL BILL 1912- 67 FIRST READING: AN ORDINANCE creating a Special Improvement Project, entitled " Water Main Replacement V," Fund 336, Program 004 Presented by Ryan Sass, Public Works PROPOSED ACTION ITEMS COUNCIL BILL 1911- 60 SECOND READING: AN ORDINANCE establishing an Everett Station District Business Improvement Area ( BIA); providing for the levy of a special assessment upon real property ( and the owners thereof) within the area; the deposit of revenues in a special account and expenditures therefrom; and providing for an implementing agreement with an Everett Station District property owners association or similar organization I. 376 Ili December 4, 2019 Council Member Murphy stated he received an email from one person who wished to rescind their signature to the current petition regarding joining the proposed BIA and he inquired about a change in the boundaries. Brock Howell, Everett Station District Alliance, stated they are working with businesses currently, and this would be addressed during next week' s public hearing. Council Member Tuohy requested the number of businesses east of Everett Station who are included in the current BIA. Mr. Howell stated he would provide that information to Council. COUNCIL BILL 1911- 61 SECOND READING: AN ORDINANCE adopting the City of Everett Salary Ordinance for 2020 COUNCIL BILL 1911- 62 SECOND READING: AN ORDINANCE approving the appropriations of the 2019 revised City of Everett Budget and amending Ordinance No. 3699- 19 COUNCIL BILL 1911- 63 SECOND READING: AN ORDINANCE creating a special improvement project, entitled " Forterra Restoration Plan," Fund 354, Program 062, to accumulate all costs for the project At 10: 44 p. m. President Bader announced the executive session would be five minutes, and the City Council recessed for executive session with action to follow. ah 377  December 4, 2019 The City Council meeting reconvened at 10: 49 p. m. Moved by Council Member Roberts, seconded by Council Member Stonecipher, to authorize the Mayor to sign the settlement agreement with Krystal Rose, concerning her tort claims with the city, in the amount of$ 25, 000. Roll was called with all council members voting yes, except Council Member Moore who was excused. Motion carried. The City Council meeting adjourned at 10: 50 p. m. De uty City C; Read and approved as printed. C• cit President I. 378