Everett City Council

ill March 11, 2020 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., March 11, 2020, in the City Council Chambers of the William E. Moore Historic City Hall, Council President Tuohy presiding. Upon roll call, it was found that Mayor Franklin and Council Members Murphy, Moore, Bader, Stonecipher, and Tuohy were present. Council Members Roberts and Vogeli were excused. Council Member Murphy led the Pledge of Allegiance. The minutes of the March 4, 2020, City Council meeting were approved as printed. President Tuohy abstained from the vote. President Tuohy announced that out of an abundance of caution, the public is encouraged to watch the City Council meetings rather than attend in person, and that comments may be emailed to Council at everettwa. gov. She stated the Council wants community members to feel assured that their safety is its first concern. MAYOR APPOINTMENTS/ REAPPOINTMENTS Moved by Council Member Moore, seconded by Council Member Stonecipher, to concur with the following appointments: Citizens Advisory Committee: Appointment of Samantha Hasan to Position 6 for a six- year term ending December 31, 2025 Appointment of Susan Mausshardt to Position 11 for a six- year term ending December 31, 2025 Appointment of Larissa Knopp to Position 9 for the remainder of a six- year term ending December 31, 2021 Roll was called with all council members voting yes, except Council Members Roberts and Vogeli who were excused. Motion carried. 40 72  March 11, 2020 Mayor Franklin provided an update on the City' s response to COVID 19 crisis, as well as actions being taken regionally. She stated city teams have been directed to reschedule or cancel non- essential meetings and to work remotely whenever possible. The Mayor provided information on city program cancellations. She also stated the Everett Emergency Operations Center is up and running and working in collaboration with other agencies. COUNCIL Council Member Bader provided a liaison report from his attendance last evening at the Snohomish Health District Board meeting. President Tuohy reiterated the importance of the response to the COVID- 19 crisis. She expressed appreciation for City and County leadership and acknowledged the economic impact on individuals and businesses. ADMINISTRATION UPDATE ON PRIOR BUSINESS In response to Council Member Roberts request, Deputy Mayor Nick Harper provided a recap of the Berk study recommendations that were discussed at the Council Retreat. He stated he would follow up with a more comprehensive list in writing. Deputy Mayor Harper stated the City has received several inquiries from property and business owners in the Everett Station area with respect to the status of the Everett Station District Business Improvement Area ( BIA) proposal. He stated that at this time, Administration is recommending the measure not move forward due to significant concerns raised by property and business owners. City Attorney Hall stated the ordinance was adopted; however, before the Mayor signed it and before it became effective, the Council moved for reconsideration that placed the ordinance in a tabled status. He confirmed that no further action is required by the Council. 73  March 11, 2020 Council Member Stonecipher recommended an official written notification go out to all property owners. She also stated that if the proposal comes back to Council, she would be interested in construction of the BIA using the petition method. Council Member Moore noted the application may be rescinded only for a period until details are worked out by involved parties, and he did not recommend involvement by the City. Mayor Franklin stated she has avoided a proactive outreach to property owners because the proposal was driven by the business community. CITY ATTORNEY City Attorney Hall requested a 15- minute executive session concerning a legal matter pursuant to RCW 42. 30. 110( 1)( i)( iii) with possible Council action to follow. PUBLIC COMMENT There were no citizens who wished to speak. CONSENT ITEMS: Moved by Council Member Bader, seconded by Council Member Moore, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7492 authorizing claims against the City of Everett in the amount of $ 595, 051. 28 for the period of February 22, 2020, through February 28, 2020. 74  March 11, 2020 BID CALL— CONSTRUCTION OF THE SEWER 0 UPGRADES PROJECT To authorize a Call for Bids for the construction of the Sewer 0 Utility Upgrades Project. Roll was called with all council members voting yes, except Council Members Roberts and Vogeli who were excused. Motion carried. ACTION ITEMS: RESOLUTION — ACCEPT PETITION AND SET PUBLIC HEARING FOR PROPOSED VACATION Moved by Council Member Bader, seconded by Council Member Stonecipher, to adopt Resolution No. 7493 accepting the petition and setting April 8, 2020, at 6: 30 p. m., as the date and time of the public hearing for the proposed vacation of the north- south alley together with the southern east- west alley in the 2900 block lying between Pine Street and Maple Street. Roll was called with all council members voting yes, except Council Members Roberts and Vogeli who were excused. Motion carried. AGREEMENT— WATER AND SEWER COST OF SERVICE STUDY Moved by Council Member Stonecipher, seconded by Council Member Bader, to authorize the Mayor to sign the Professional Services Agreement with HDR Engineering, Inc. to perform a comprehensive water and sewer cost of service study in the amount of$ 198, 715. 75  March 11, 2020 Roll was called with all council members voting yes, except Council Members Roberts and Vogeli who were excused. Motion carried. COUNCIL BILL 2002- 8 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Forest Park Sport Court Renovation," Fund 354, Program 065, to accumulate all costs for the project. 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. 2002- 8. The City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Moore, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: Roberts, Vogeli Ordinance No. 3733- 20 adopted. COUNCIL BILL 2002- 9 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Legion Park Sport Court Renovation," Fund 354, Program 066, to accumulate all costs for the project 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. 2002- 9. The City Clerk was directed to call the roll for the final disposition of the ordinance. 76  March 11, 2020 AYES: Murphy, Moore, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: Roberts, Vogeli Ordinance No. 3734- 20 adopted. COUNCIL BILL 2002- 10 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " SEI to SRI Intertie and SR08 Rehabilitation," Fund 366, Program 010, to accumulate all costs for the project Moved by Council Member Murphy, seconded by Council Member Stonecipher, that this is declared to be the third and final reading of council Bill No. 2002- 10. The City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Moore, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: Roberts, Vogeli Ordinance No. 3735- 20 adopted. COUNCIL BRIEFING AGENDA: COUNCIL BILL 2003- 15 FIRST READING: AN ORDINANCE amending Ordinance No 2784- 04 to align motorized scooter regulations with bicycle regulations and other state laws related to motorized foot scooters Presented by Julio Cortes, Communication & Tourism 77  March 11, 2020 Discussion took place regarding customer communication relating to Central Business District boundaries and requirements, helmet laws, enforcement mechanisms, designated scooter parking in the downtown, number of complaints, City cost- share, vendor contract language to include public education, and City liability for accidents. Katie Rathbun, Legal, stated the proposed amendment does not change the City' s liability as the same legal framework for the use of right- of-way will remain in place. She said Legal will monitor any changes in the legal framework. PROPOSED ACTION ITEMS: COUNCIL BILL 2003- 11 SECOND READING: AN ORDINANCE creating a Special Improvement Project, entitled " Beverly Lake Sewer Improvements," Fund 336, Program 011 COUNCIL BILL 2003- 12 SECOND READING: AN ORDINANCE creating a Special Improvement Project, entitled California Street Pedestrian & Bicycle Corridor," Fund 303, Program 119 COUNCIL BILL 2003- 13 SECOND READING: AN ORDINANCE creating a Special Improvement Project, entitled " Fund 145 Non- Motorized Improvements," Fund 303, Program 118 COUNCIL BILL 2003- 14 SECOND READING: 78  March 11, 2020 AN ORDINANCE imposing a Sales and Use Tax to provide for Affordable and Supportive Housing: creating the Affordable/ Supportive Housing Sales Tax Credit Fund; adding a new Chapter to Title 3 of the Everett Municipal Code COUNCIL BILL 2002- 7 SECOND READING: AN ORDINANCE increasing the number permitted Recreational of Marijuana Retail Stores to not be more than Eight, amending Section C of Ordinance No. 3486- 16 ( EMC 19. 38. 145, as amended) Shelley Hovik, Everett, spoke in opposition to an increase in recreational marijuana stores in Everett. EXECUTIVE SESSION The City Council recessed for an executive session at 7: 17 p. m. and reconvened at 7: 32 p. m. President Tuohy announced the extension of the executive session for an additional 15 minutes. The City Council recessed at 7: 32 p. m. and reconvened at 7: 45 p. m. Moved by Council Member Stonecipher, seconded by Council Member Moore, to authorize the Mayor to sign Change Order No. 3 to the Construction Contract with Jansen Inc. for the Everett Downtown Streetscape Improvement Project Phase 2, Phase 3, and Rucker Water Main Replacement in the amount of 708, 861. 41. Roll was called with all council members voting yes, except Council Members Roberts and Vogeli who were excused. Motion carried. 79  March 11, 2020 The Council meeting was adjourned at 7: 45 p. m. fit City Clerk Read and approved as printed. Council Presideryt 80