Everett City Council

July 29, 2020 President Touhy announced that the Council is still abiding by COVID- 19 shelter- in- place and social distancing orders. As a result, City Council meetings will continue to be held remotely with all meetings scheduled at 12: 30 p. m. on each Wednesday, except the first Wednesday of the month when the meeting is scheduled at 6: 30 p. m. Citizens are encouraged to call or email public comments. She also stated that public comment will be accepted one- half hour before the start of the meeting by calling 1. 425. 616. 3920, Conference ID: 537 907 195#. Citizens may call in to listen to the Council meetings at 1. 425. 616. 3920, Conference ID: 724 887 726#, and meetings can be viewed on Comcast Channel 29, Frontier Channel 29, or on the City website. The Special Meeting of the Everett City Council was called to order at 12: 34 p. m., July 29, 2020, Council President Tuohy presiding. Upon roll call, it was found that Council Members Roberts, Murphy, Vogeli, Bader, Stonecipher, and Tuohy were present. Mayor Franklin and Council Member Moore were excused. The minutes of the July 22, 2020, City Council meeting were approved as printed. Police Chief Templeman introduced new police officer John Yurcina. OATH — POLICE OFFICER Moved by Council Member Bader, seconded by Council Member Roberts, to concur with the appointment of John Yurcina as a new police officer. Roll was called with all council members voting yes, except Council Member Moore who was excused. Motion carried. The City Clerk designee administered the oath of office. 218  July 29, 2020 MAYOR Mayor Franklin was excused. COUNCIL Council Member Murphy provided an update from the Everett Public Facilities District ( PFD) Board meeting regarding the effect of the COVID- 19 pandemic on the events at the Angel of the Winds Arena and the financial results. He also announced that the Budget Subcommittee meeting is scheduled for next Wednesday, August 5, at 5 p. m. Moved by Council Member Murphy, seconded by Council Member Bader, to go back to the traditional Council meeting schedule with all meetings scheduled at 6: 30 p. m. each Wednesday, except the fourth Wednesday of the month when the meeting is scheduled at 12: 30 p. m., and to designate one of the meetings as a work session. Roll was called with all council members voting yes, except Council Member Moore who was excused. Motion carried. Council Member Roberts provided a liaison report from his attendance at the Puget Sound Regional Council Transportation Policy Board and Sound Transit Board meetings. Council Member Vogeli presented the following Emergency Ordinance: COUNCIL BILL 2007- 43 FIRST, SECOND, AND THIRD AND FINAL READING: 219  July 29, 2020 AN EMERGENCY ORDINANCE amending the 45- Day Notice and Public Meeting for a homeless encampment EMC 19. 41. 090 ( J)( 4) ( a)( 1) and amending the Posting of Notice ( 2)( a)( i)( ii) Moved by Council Member Vogeli that this is declared to be the first, second, and third and final reading of Council Bill No. 2007- 43. Motion died due to a lack of second. The following individuals provided public comments to the City Council via email: Carol A. Jensen Shelley Whitkop Earl Hall Theresa Schaudies Janet Andre Lynda H Amy Collins Christa Head Alayah Lee Doug Larimer Kristie Hanson Julie Peddy Angela Di Filippo Charlie Kahler Brenda Bolanos- Ivory Pam Kepford Donn Kocol Bobby Cota Laura Smith The following individuals spoke via audio conference call in support of the proposed emergency ordinance: Carol Jensen, Everett 220  July 29, 2020 Jason Coghburn, Snohomish Seth Bauman, Everett Laura Reed, Everett Robert Smiley, Everett Brenda Bolanos- Ivory, Everett Deb Williams, Executive Administrative Assistant to the Council, stated that Pam Daniels and Hayden Jones, both of Everett, also called in support of the proposed emergency ordinance. Discussion ensued regarding the need for a better public process, including public notice, public input, and public involvement; the need for a review of the current ordinance: what is working and what isn' t working well; and what other cities are doing with homeless encampments. President Tuohy stated that due to a lack of a second on the motion, the proposed emergency ordinance was tabled. President Tuohy requested a briefing from Administration regarding the current ordinance and proposed changes. Deputy Mayor Nick Harper stated that Council would be briefed on the topic. Council Member Bader provided a liaison report from the Animal Shelter Advisory Committee meeting. ADMINISTRATION UPDATE Deputy Mayor Nick Harper spoke about the recent Boeing announcement regarding the health of the company and possible impacts to the operation in Everett. He also reported on the City' s efforts, in coordination with Snohomish County and other regional partners, to provide support to the company, employees, and suppliers. 221  July 29, 2020 CITY ATTORNEY City Attorney David Hall requested a 25- minute executive session regarding several legal matters pursuant to RCW 42. 30. 110 ( 1)( i) and ( ii) with no announcement to follow. PUBLIC COMMENT The following people provided public comments to City Council via email: Robert Kuchcinski Anne Coxon. Ms. Coxon asked that her comment regarding taxation without representation be read to the Council. Deb Williams read the provided comment. CONSENT ITEMS: Moved by Council Member Bader, seconded by Council Member Roberts, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7546 acknowledging the payment of audited and approved claims against the City of Everett in the amount of$ 1, 501, 141 for the period of July 11, 2020, through July 17, 2020. EASEMENT - UNDERGROUND COMMUNICATIONS CABLE IN KASCH PARK ROAD To authorize the Mayor to sign the Easement to Wave Business Solutions, LLC for an underground communications cable in Kasch Park Road. 222  July 29, 2020 SUPPLEMENTAL AGREEMENT — EMERGENCY MANAGEMENT PERFORMANCE GRANT COVID- 19 To authorize the Mayor to sign the Emergency Management Performance Grant COVID- 19 Supplemental Agreement at no additional cost to the city. APARTMENT LEASE— HARBORVIEW PARAMEDIC STUDENTS To authorize the Mayor to sign the Apartment Lease for Harborview Paramedic Students not to exceed the full cost of$ 28, 140. JOB COMPLETE — CLEVELAND AVENUE SEWER SYSTEM REPLACEMENT & STORMWATER SEPARATION PROJECT To accept the Cleveland Avenue Sewer System Replacement & Stormwater Separation Project with Interwest Construction Inc., as complete and authorize the Mayor to sign the Certificate of Completion allowing the release of retention bond. Roll was called with all council members voting yes, except Council Member Moore who was excused. Motion carried. ACTION ITEMS: AGREEMENT— GRANT FOR INCREASED SHELTER CAPACITY Moved by Council Member Roberts, seconded by Council Member Stonecipher, to authorize the Mayor to sign a Certificate Form stating the City of Everett agrees to act as a Coordinated Applicant with Snohomish County in their grant application to apply to the Washington State Department of Commerce for increased shelter capacity. 223  July 29, 2020 Deputy Mayor Harper provided an update on the grant process. Council Member Murphy expressed concern that despite Administration stating they have been working on this for the past year, there is a lack of specificity provided as to how the grant funds would be utilized. He also stated he is concerned about the potential for legal liability to the City of Everett, particularly if the grant funds were used to build shelter capacity on city- owned property, and the disproportionate distribution of the shelter capacity among the cities in Snohomish County. Council Member Murphy stated that the City of Everett has been an active supporter for many years of building shelter capacity, and based on data received from the County, the City of Everett has 75% of the shelter capacity county- wide, despite only having 15% of the population. He further suggested that other cities in the County need to step up and take on more shelter capacity before the City of Everett continues to provide even more than its fair share. Discussion ensued regarding the Everett' s share of shelter capacity in the Snohomish County, housing needs in the region, the need for a better understanding on where pallet shelters would be located and potential legal liabilities to the City, funds allocation, and the need for a provision of affordable housing in all the cities. Council members requested a briefing from Administration on the funding usage if the grant is awarded. 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. GREEMENT— REIMBURSEMENT FOR ELIGIBLE COVID- 19 RELATED COSTS Moved by Council Member Bader, seconded by Council Member Roberts, to authorize the Mayor to sign the Interagency Agreement with Washington State 224 s July 29, 2020 Department of Commerce to seek reimbursement for eligible COVID- 19 related costs through the Coronavirus Relief Fund for Local Governments. Roll was called with all council members voting yes, except Council Member Moore who was excused. Motion carried. RESOLUTION — 2020 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN Moved by Council Member Bader, seconded by Council Member Murphy, to adopt Resolution No. 7547 concerning 2020 Community Development Block Grant Annual Action Plan and allocations for CDBG, HOME and 2060 Housing Trust Funds and adoption of the 2020- 2024 Consolidated Plan. f Roll was called with all council members voting yes, except Council Member Moore who was excused. Motion carried. COUNCIL BRIEFING AGENDA: ReThink Zoning Update Presented by David Stalheim, Community Planning and Economic Development Council Member Murphy left the meeting at approximately 2 p. m. COUNCIL BILL 2007- 42 FIRST READING: 225  July 29, 2020 AN ORDINANCE establishing Regulations for Flood Damage Prevention, Repealing Ordinance 3759- 20; Repealing Section 3 of Ordinance No. 1847- 92, as amended ( EMC 19. 04. 030); Repealing Section 30 of Ordinance No. 1671- 89, as amended ( EMC Chapter 19. 30); Amending Related Sections of Ordinance No. 1671- 89, as amended Presented by Steve Ingalsbe, Community Planning and Economic Development PROPOSED ACTION ITEMS: COUNCIL BILL 2007- 41 SECOND READING: AN ORDINANCE approving the appropriations of the 2020 City of Everett Budget and Amending Ordinance No. 3750- 20 1 President Tuohy announced that public comment for the August 5 City Council meeting would be accepted one- half hour before the start of the 6: 30 p. m. meeting by calling 1. 425. 616. 3920, Conference ID: 886 813 33#. The City Council recessed at 2: 17 p. m. for a 25- minute executive session, reconvened at 2: 42 p. m., and adjourned at 2: 43 p. m. t) ( 4 f)C- 7( / Lc. t - t7// City Clerk Designee Read and approved as printed. Council Preside 226