Everett City Council

July 8, 2020 President Touhy announced that the City is still abiding by Governor Inslee' s Safe Start Washington guidelines, and as a result, City Council meetings will continue to be held remotely. She stated that meetings will continue to be held on Wednesdays; however, the first Council meeting of the month will be held at 6: 30 p. m. and all other weekly meetings will be held at 12: 30 p. m. President Tuohy added that meetings may be viewed live on Comcast Channel 21, Frontier Channel 29, and on the City website at www. everettwa. gov/ council, and individuals may call in to listen on 1- 425- 616- 3920, Conference ID 724 887 726#. President Tuohy encouraged citizens to submit comments and concerns in writing to council@everettwa. gov prior to the meeting or to call the Council office at 425- 257- 8703. To speak under Public Comment during the meeting, calls are accepted one- half hour before the start of the meeting by calling 1- 425- 616- 3920, Conference ID 870 447 398#. If assistance is needed, email Deb Williams at dwilliams@everettwa. gov. The Special Meeting of the Everett City Council was called to order at 12: 30 p. m., July 8, 2020, President Tuohy presiding. Upon roll call, it was found that Mayor Franklin and Council Members Roberts, Moore, Vogeli, Bader, Stonecipher, and Tuohy were present. Council Member Moore was excused. The minutes of the July 1, 2020, City Council meeting were approved as printed. MAYOR Mayor Franklin stated City Attorney David Hall would provide remarks following the council comments regarding the homeless encampment on the 3200 block of Rucker Avenue. She provided an update on the work that is being done on diversity, equity, and inclusion, which was outlined in her January 2018 Mayoral Directive on Community Engagement and Inclusion. She announced that City employee Kay Barnes will now serve as the City' s first Equity Manager. The Mayor stated the equity manager' s role will focus on developing, promoting, and maintaining an internal culture of equity, to ensure that staff reflect the diversity of our city and that our city is a safe place to work for our diverse staff, and that we are well- connected to our black, indigenous, and people of color ( BIPOC) communities. 197  July 8, 2020 COUNCIL Council Member Murphy expressed concern that the Council was not timely informed about several matters and relevant issues that are directly a part of the Council' s responsibility. He added that Council has the fiscal responsibility for approving certain programs that impact the city' s finances, but it also has the responsibility and priority to be attentive to the community' s welfare, and learning about matters after they happen or receiving minimal context without full disclosure is occurring too often. He suggested Administration and Council work more collaboratively moving forward. Council Member Roberts provided a brief summary of work regarding the Wood Creek property. He stated he has visited the property on three occasions and is currently working with Deputy Mayor Nick Harper and other parties on next steps. Council Member Roberts recommended a geotechnical analysis of the developable portion of the property be performed by an engineer. Council Member Bader requested additional information on the Wood Creek property line at 815Y Place SE in Valley View. He thanked Administration for their response to the encampment on Rucker Avenue. President Tuohy announced that next week' s July 15 Council meeting with be a Special Meeting that is scheduled to start at 4 pm. She stated the main portion of agenda will be a listening and learning session with guest speakers addressing diversity, equity, and inclusion in the City. She thanked Council Member Vogeli for her initiative on this session and her work to bring meaningful information and dialogue on these topics to council members. ADMINISTRATION UPDATE Deputy Mayor Harper stated he is working with Forterra and the neighborhood group regarding the Wood Creek Property to schedule a meeting to determine paths forward. He also provided an update on the recent waiver by the Governor to extend the requirements of the Open Public Meetings Act ( OPMA) and the II 198  July 8, 2020 Public Records Act ( PRA) until August 1. Deputy Mayor Harper also clarified the chronology of events related to the encampment on Rucker Avenue. CITY ATTORNEY City Attorney David Hall provided a brief update on the encampment located on Rucker Avenue. He stated the encampment is an illegal activity that violates the Everett zoning code and poses a threat to public health and safety. He stated Code Enforcement has issued an emergency order, which is being posted on the property today, that requires the owner to vacate and clean up the property by noon tomorrow. City Attorney Hall requested a 45- minute executive session regarding a legal matter per RCW 42. 30. 110( 1)( i)( iii) with no action to follow. A PUBLIC COMMENTS: Deb Williams, Council, provided the following information. The following individuals provided written comment prior to the meeting: Mike Andrews ( encampment on Rucker) John Heath ( encampment on Rucker) Angela Di Filippo ( housing/ zoning) Arlene Blake called in to provide public comment. The following individuals provided written comment regarding Council Briefing Item No. 13: Avianca J. Walker Brian L. Maione Debby Wise Enfield Jill Ryan 199  July 8, 2020 Ethel McNeal Catherine A. Thomas Simone Tarver Dick McManus The following individuals phoned in to provide public comment today: Robert Smiley, Edmonds ( encampment on Rucker) Brittany Tri, Everett ( encampment on Rucker) Council Member Bader left the meeting at 1 p. m. CONSENT ITEMS: Moved by Council Member Stonecipher, seconded by Council Member Roberts, to approvethe following consent items: 0 RESOLUTION — CLAIMS To adopt Resolution No. 7534 authorizing claims against the City of Everett in the amount of $ 2, 092, 355. 53 for the period of June 20, 2020, through June 26, 2020. RESOLUTION — PAYROLL CLAIMS To adopt Resolution No. 7535 authorizing payroll claims against the City of Everett in the amount of$ 4, 079, 112. 48 for the period ending June 20, 2020. RESOLUTION — ELECTRONIC TRANSFER CLAIMS To adopt Resolution No. 7536 authorizing electronic transfer claims against the City of Everett in the amount of $ 6, 923, 416. 07 for the period of April 1, 2020, through April 30, 2020. 200  July 8, 2020 COUNCIL BILL 2006- 39 THIRD AND FINAL READING: To adopt Ordinance No. 3764- 20 amending Ordinance No. 3661- 19, entitled Everett Fire Administration Building Tenant Improvements Project," Fund 342, Program 027, to accumulate the design and construction costs for the project in the amount of$ 1, 600, 000 AGREEMENT — EVERETT FIRE ADMINISTRATION BUILDING TENANT IMPROVEMENTS PROJECT To award the construction contract for the Everett Fire Administration Building Tenant Improvements Project to Kirtley- Cole Associates, LLC. in the amount of 1, 079, 334. RESOLUTION — SETTING HEARING DATE FOR PROPOSED VACATION To adopt Resolution No. 7537 superseding Resolution No. 7493 and setting August 5, 2020, at 6: 30 p. m., as the date and time to hear and determine the petition 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. RFP AWARD— CONCESSION SERVICES To award and authorize the Mayor to sign contracts resulting from Request for Proposal # 2019- 103 for concession services to Dog Day Afternoon, Fun Times Ice Cream, and Lil Puddle for two years with three (3) one- year extension options. GRANT— DIGITIZATON OF HISTORIC PANORAMIC PHOTOGRAPHS To authorize the Mayor to accept $ 11, 700 in grant funding from Snohomish County Historic Preservation Commission to digitize historic panoramic photos. 4 201  July 8, 2020 AGREEMENT AMENDED — DESIGN OF NEW SEWER LIFT STATION AND FORCEMAIN PIPE To authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with CHS Engineers and David Evans and Associates, Inc. to design a new sewer lift station near Edgewater Park and a new forcemain pipe along Shore Avenue. AGREEMENT — PROCUREMENT OF DESIGN- BUILD CONTRACTOR FOR RESERVOIR 3 STRUCTURAL REPAIRS To authorize the Mayor to sign the Professional Services Agreement with Brown Caldwell for Owner Advisor services related to procurement of a Progressive Design- Build contractor for Reservoir 3 structural repairs. AGREEMENT— FORESTRY AND WATERSHED MANAGEMENT SERVICES To authorize the Mayor to sign the Professional Services Agreement with Roots Forestry Consulting, LLC for Forestry and Watershed Management services. Roll was called with all council members voting yes, except Council Members Moore and Bader who were excused. Motion carried. ACTION ITEMS: AGREEMENT— BIOSOLIDS TOLLING Moved by Council Member Vogeli, seconded by Council Member Murphy, to authorize the Mayor to sign the Biosolids Tolling Agreement. 202  July 8, 2020 Roll was called with all council members voting yes, except Council Members Moore and Bader who were excused. Motion carried. COUNCIL BRIEFING AGENDA: COUNCIL BILL 2006- 40 FIRST READING: AN ORDINANCE establishing Juneteenth as a recognized city holiday Lori Cummings provided background information on the timeline and the significance of the proposed ordinance. She introduced Michael Duerr, Human Resources manager, who presented information about the observance of Juneteenth commemorating the ending of slavery in the United States. Considerable discussion took place regarding the need for more information about the fiscal impact of providing an additional holiday for all employees, whether to implement at the expense of other actions the Council could take to help improve the lives of citizens, pressure on an already reduced City workforce to provide services, the need for more information related to bargaining agreement negotiations, whether offering another paid holiday to employees is the best way to commemorate Juneteenth, the importance of listening and learning about the options, and the joy the action of declaring Juneteenth as a City holiday would bring to the black community. Council Member Stonecipher added that much work needs to be done on diversity, equity, and inclusion, and she would prefer to see a menu of options of other ways that the City could use resources to make progress on the issues of equity and justice that the Black Lives Matter movement has brought forward. She also noted there is nearly 11 months available to review the issues and get input from the community before the holiday comes around again in June 2021. 203  July 8, 2020 Lori Cummings stated she would ask the Human Resources Department to provide additional information on the estimated cost provided. Moved by Council Member Stonecipher, seconded by Council Member Murphy, to table action on the proposed ordinance indefinitely. Council Member Vogeli questioned the idea of tabling indefinitely rather than tabling for a specific period of time. Mayor Franklin stated that if the action is tabled today, she would be happy to work with the Human Resources Department to determine what steps are needed to answer Council' s questions, to work with the equity manager on how best to support Council on additional listening work needed, and to develop a timeline for bringing the proposed ordinance back to Council. Roll was called with all council members voting yes, except Council Member Vogeli who voted no, and Council Members Moore and Bader who were excused. Motion carried. The City Council recessed at 1: 47 p. m. for to an executive session, proceeded by a five- minute break. President Tuohy reconvened the meeting at 2: 38 p. m. and called for a time extension of the executive session not to exceed five minutes. The meeting was reconvened and adjourned at 2: 44 p. m. i 744/) City Clerk Read and approved as printed. Council Presi ent 204