Everett City Council

April 29, 2020 President Tuohy announced that the Council is still abiding by COVID- 19 shelter- in- place and social distancing orders, and as a result, City Council meetings will continue to be held remotely as regularly scheduled. She stated that during the meetings, public comments will not be accepted and the public may not attend. Council meetings can be viewed on Everett Channel or on the City website. Individuals may call in to listen on 1- 425- 616- 3920, Conference ID 724887726#. Citizens are encouraged to provide comments in writing prior to the meeting at council@everettwa. gov or to call the Council office at 425- 257- 8703. The special meeting of the Everett City Council was called to order at 12: 30 p. m., April 29, 2020, Council President Tuohy presiding. Upon roll call, it was found that Mayor Franklin and Council Members Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, and Tuohy were present. The minutes of the April 22, 2020, City Council meeting were approved as printed. MAYOR Mayor Franklin announced that since the City will not be hosting the annual Viva Color flower program this year, the current stock of flowers is going to be sold to the public at www. publicsurplus. com. She also stated that beginning Sunday the Everett Farmer' s Market will host a pre- sale, pickup only, drive- up market. Orders can be placed at everettfarmersmarket. com. COUNCIL Council Member Roberts provided an update on funds available through the Federal Coronavirus Aid, Relief, and Economic Security ( CARES) Act. He thanked Mayor Franklin for the response by Snohomish County leaders to obtain funding. Mayor Franklin thanked Council Member Roberts for working with the Association of Washington Cities in spearheading efforts to gain funds for Snohomish County. 127  April 29, 2020 Council Member Bader thanked Mayor Franklin and her fellow Snohomish County Mayors for signing a letter to Governor Inslee regarding the reopening of the state. President Tuohy announced that consent item number 8 was moved from the Consent Agenda to the end of the meeting. ADMINISTRATION UPDATE ON PRIOR BUSINESS Deputy Mayor Nick Harper stated that staff has been working to host live public comment during the meetings. He stated the goal is to get secure public comment up and running on the remote platform by May 13. CITY ATTORNEY City Attorney David Hall requested a 15- minute executive session regarding a legal matter pursuant to RCW 42. 30. 110 ( 1)( i)( 3) with possible action to follow. PUBLIC COMMENT The following people provided public comments to City Council via email: Jim Jonnet Kristie Anderson David Green Dorian Leigh CONSENT ITEMS: Moved by Council Member Vogeli, seconded by Council Member Bader, to approve the following consent items: 128 0 April 29, 2020 RESOLUTION - CLAIMS To adopt Resolution No. 7505 authorizing claims against the City of Everett in the amount of$ 4, 117, 419. 67 for the period of April 11, 2020, through April 17, 2020. RESOLUTION - CLAIMS Adopt Resolution No. 7506 authorizing payroll claims against the City of Everett in the amount of$ 4, 059, 075. 58 for the period ending April 11, 2020. JOB COMPLETE— SOUTH PRECINCT ROOF REPLACEMENT To accept the construction of the South Precinct Roof Replacement as complete, and authorize the Mayor to sign the Certificate of Completion with Snyder Roofing of Washington, LLC in the amount of$ 449, 242. 31. AGREEMENT— GROUNDWATER LEVEL MONITORING To authorize the Mayor to sign the easement agreement to the Washington State Department of Ecology for access to an existing City well for groundwater level monitoring. AGREEMENT AMENDED- DIVERSION DAM ROAD PHASE 3 PROJECT To authorize the Mayor to sign Change Order No. 2 to the contract with Weber Construction, Inc. for the Diversion Dam Road Phase 3 Project in the amount of 208, 394. 12. AGREEMENT AMENDED- PROCESS WATER PUMP STATION To authorize the Mayor to sign Change Order No. 3 to the construction contract with Stellar J Corporation for the Process Water Pump Station in the amount of 12, 572 and the addition of 298 calendar days. 129  April 29, 2020 AGREEMENT— SEWER LIFT STATION # 15 AND FORCEMAIN To authorize the Mayor to sign a Professional Services Agreement with CHS Engineers for planning and design of Sewer Lift Station# 15 and Forcemain along Shore Avenue in the amount of$ 48, 000. Roll was called with all council members voting yes. Motion carried. ACTION ITEMS: RESOLUTION— CDBG FUNDS AND COVID- 19 Moved by Council Member Bader, seconded by Council Member Roberts, to adopt Resolution No. 7507 regarding Community Development Block Grant Funds and COVID- 19 and amending the 2015- 2019 Consolidated Plan and the 2019 Annual Action Plan. Dan Eernissee and Becky Ableman McCrary, Community Planning and Economic Development, presented an overview of the grant funding process. Discussion ensued regarding eligibility, reimbursement process, timeline for application, eligibility if receiving Small Business Administration loans, promotion of the grant funds, and the use of social media and online resources for outreach to small business owners. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 2004- 25 THIRD AND FINAL READING: 130  April 29, 2020 AN ORDINANCE relating to Domestic Violence Definitions, amending Ordinance No. 1145- 85 as amended 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. 2004-25. The City Clerk was 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 3751- 20 adopted. BID CALL- BROADWAY 10TH STREET TO 19TH STREET INTERSECTION SAFETY PROJECT Moved by Council Member Moore, seconded by Council Member Stonecipher, to reject all bids received on March 31, 2020, for the Broadway 10th Street to 19th Street Intersection Safety Project and authorize a new Call for Bids to be issued within the next twelve months. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 2004- 27 THIRD AND FINAL READING: 131  April 29, 2020 AN INTERIM EMERGENCY ORDINANCE temporarily postponing expiration of Development Applications and Approved Land Use Actions and Construction Permits. 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. 2004-27. Council Member Murphy questioned why the date for active projects was January 1, 2020, and not a current date, as the COVID- 19 pandemic did not hit until late February. Allan Giffen, Planning, stated that there was no significance to that date and could easily be changed to today' s date. Moved by Council Member Roberts, seconded by Council Member Murphy, to amend the motion to change the active and valid date to April 29, 2020. The City Clerk was directed to call the roll for the final disposition of the ordinance as amended. AYES: Roberts, Moore, Murphy, Vogeli, Bader, Stonecipher, Tuohy NAYS: None EXCUSED: None Ordinance 3752- 20 adopted. Council Member Moore left the meeting at 1: 29 p. m. EXECUTIVE SESSION The City Council recessed for an executive session at 1: 27 p. m. At 1: 41 p. m., President Touhy announced the extension of the executive session for an additional 15 minutes. 132  April 29, 2020 The City Council reconvened at 1: 58 p. m. City Attorney David Hall provided an overview of item number 8, regarding the settlement of an employment matter. AGREEMENT— EMPLOYEE SETTLEMENT Moved by Council Member Bader, seconded by Council Member Vogeli, to authorize the Mayor to sign the settlement and termination of employment agreement with Brett Galley in the amount of$ 550, 000. Roll was called with all council members voting yes, except Council Member Murphy who voted no, and Council Member Moore who was excused. Motion carried. The City Council meeting adjourned at 2: 01 p. m. D y City rk Read and approved as printed. Council Presi ent 133