Everett City Council

March 10, 2021 President Stonecipher announced that the Council is still abiding by Governor Inslee' s Stay Home, Stay Healthy order, and as a result, City Council meetings will continue to be held remotely 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. She encouraged citizens to submit comments and concerns by email to council@everettwa. gov prior to the meeting or to call the Council office at 425- 257- 8703. President Stonecipher stated that live public comment will be accepted one- half hour before the start of the meeting by calling 425. 616. 3920, Conference ID 895 653 921#. If citizens have difficulty calling in or connecting, please contact dwilliams@everettwa. gov. Individuals may also call 425. 616. 3920 to listen to the Council meetings, Conference ID 724 887 726#. Citizens are encouraged to view meetings live on Comcast Channel 21, Frontier Channel 29, and on the City website at www. everettwa. Rov/ citycouncil. The regular meeting of the Everett City Council was called to order at 6: 32 p. m., March 10, 2021, Council President Stonecipher 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 March 3, 2021, City Council meeting were approved as printed. MAYOR Mayor Franklin commented on the positive news that the American Rescue Plan passed today, which will provide relief for residents, businesses, schools, and the City. She thanked Washington' s House and Senate leaders for supporting the plan. She stated she would report back with more information after additional guidance is received. COUNCIL Council Member Roberts commented on his attendance at this week' s virtual National League of Cities ( NLC) Conference. He also provided a liaison report from the Riverside Neighborhood meeting that was held on Tuesday. 1  March 10, 2021 Council Member Vogeli also reported on her participation at the NLC Conference this week. Council Member Murphy requested an update from Administration regarding the reopening plans in the next few months of the Everett Senior Center. Lori Cummings, Administration, confirmed that information about Senior Center reopening plans will be coming to Council in the next few weeks. Council Member Tuohy provided a liaison report on her attendance at yesterday' s Cultural Arts Commission meeting. Council Member Bader provided a Snohomish Health District Board meeting liaison report. He also stated, as communicated in an earlier email, that he intended to introduce a motion relating to Proposed Action Item 6, which would amend the ordinance prohibiting certain conduct around Smith Street. President Stonecipher provided a liaison report on her attendance at the Westmont Holly Neighborhood meeting last evening. She also commented on a question raised at the meeting relating to when the topic of red- light camera implementation might come before the Council for review. Lori Cummings, Administration, stated that City staff have been working internally on this issue and following up on questions and comments received from the community and council members. She said that staff should be able to identify some of the framework around that information within a few days, and she will prepare to bring this information back to Council. President Stonecipher stated she would like to work with Administration regarding possible re- opening plans for City Council and what work must be completed to safely invite the community back to in- person Council meetings. 2  March 10, 2021 ADMINISTRATION UPDATE Deputy Mayor Nick Harper commented on the Smith Avenue area and the proposed ordinance that is before Council. He applauded the police department for their innovative and forward- thinking work to ensure the public receives the best public safety service, and specifically the Community Outreach and Enforcement Team ( COET), who will be most engaged in dealing with shelter capacity and identifying individuals who need and want protection from the criminal element should the pilot project move forward. CITY ATTORNEY City Attorney David Hall had no comments. PUBLIC COMMENTS Deb Williams, Council, stated that several individuals submitted written comments prior to the meeting regarding Proposed Action Item No. 6. She noted that comments were forwarded to Administration and the City Clerk to become part of the permanent record. The following people provided live comments about the proposed ordinance prohibiting certain conduct within designated rights of way( Proposed Action Item No. 6): Leslie Brown Sarah Osterhaug Danielle Skanes Penelope Protheroe, Angel Resource Connection Taylor( Jade) Burton Chuck Watts Bryan Partington Jennifer Cross 3  March 10, 2021 Julie Zehnder Linda Cooper Elyse Campo Laura Reed Joe Kunzler Luisana Hernandez Champ Kornstrom Cari Claxton, Angel Resource Connection Karl Uselman, Angel Resource Connection Mr. Kunzler also commented in support of a friendly merger between Community Transit and Everett Transit. CONSENT ITEMS: Moved by Council Member Murphy, seconded by Council Member Tuohy, to approve the following consent items: RESOLUTION — CLAIMS To adopt Resolution No. 7619 authorizing claims against the City of Everett in the amount of $ 1, 168, 716. 71 for the period of February 20, 2021, through February 26, 2021. AGREEMENT— BOATING SAFETY/ MARINE LAW ENFORCEMENT To authorize the Mayor to sign the Intergovernmental Agreement with Washington State Parks and Recreation Commission. BID AWARD— NEW NEIGHBORHOOD PARK CONSTRUCTION To award the construction contract for the Emma Yule Park to RRJ Contractors, LLC in the amount of$ 1, 168, 470. 74. 4  March 10, 2021 PURCHASE— VACTOR 2100i FAN VACUUM SUCTION UNIT AND UPFIT To award and authorize purchase of one Vactor 2100i fan vacuum suction unit and upfit to Owen Equipment from Washington State Department of Enterprise Services Contract# 00120/ COE# 2021- 024 for$ 425, 813. 79, including Washington State sale tax. Roll was called with all council members voting yes. Motion carried. ACTION ITEMS: COUNCIL BILL 2102- 05 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Emma Yule Park," Fund 354, Program 064, to accumulate all costs for the improvement project. Moved by Council Member Tuohy, seconded by Council Member Roberts, that this is declared to be the third and final reading of Council Bill No. 2102- 05. 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 3797- 21 adopted. 5  March 10, 2021 PROPOSED ACTION ITEMS: COUNCIL BILL 2102- 06 SECOND READING: AN ORDINANCE Prohibiting Certain Conduct within Designated Rights of Way Council Member Roberts expressed an interest in the establishment of some type of evaluation structure that would evaluate the effectiveness of the ordinance during the same period as the pallet shelter pilot program. City Attorney Hall stated it would be entirely the prerogative of the Council. He noted that an amendment would not be necessary, but Council could make a motion if it would like to establish a time when Administration would come back and report how it is working. Council Member Vogeli thanked those who commented on the proposed action. In response to earlier comments about the cost of cleanup in the area, she asked if steps could be taken before the pilot program is implemented that would be more cost effective such as installing port-a- potties and dumpsters. Council Member Murphy asked if the pilot program was not continued after the first year for whatever reason, would the no- sit no- lie ordinance automatically sunset or would it continue. City Attorney Hall stated that the way that the ordinance is currently written, it would not automatically end if the pallet program ended. He added that this could be built into the ordinance with an amendment or the ordinance could be repealed by the Council at any time. Council Member Murphy asked about the City' s exposure to legal action if the no- sit no- lie ordinance continued to be in effect after the pallet program had ended. 6  March 10, 2021 City Attorney Hall responded that Legal' s view is that the pallet program is helpful for the no- sit no- lie ordinance, but because the ordinance covers such a narrow part of the of the city, it is constitutional with or without the pallet project. Council Member Tuohy expressed appreciation for the many calls and letters. She stated that the city needs assistance from faith- based and service organizations to figure out how to provide more day and 24- hour shelters for the homeless. She added that she would like an update from Community Development about what is currently being done and what might be coming in the future. Moved by Council Member Bader, seconded by Council Member Tuohy, to amend the proposed ordinance prohibiting certain conduct in designated rights of way, identified as Council Bill 2106- 06, to provide that the ordinance shall not take effect until the Pallet Shelter Pilot Project adjacent to the Everett Gospel Mission is available for occupancy. Roll was called with all council members voting yes. Motion carried. President Stonecipher noted that the Council is scheduled to take action on this item as amended on March 17, 2021. COUNCIL BILL 2102- 07 SECOND READING: AN ORDINANCE Requiring the Finance Director to notify City Council of any Report to the State Auditor' s Office Concerning Loss of Funds, Adding a New Chapter to Title 3 of the Everett Municipal Code 7  March 10, 2021 COUNCIL BRIEFING AGENDA: Authorize the Mayor to sign the Termination of Restrictions and Requirements for the property located at 2719 Pacific Avenue. Presented by Paul McKee, Real Property Snohomish Health District Update Presented by Carrie Parker, Assistant Director for Prevention Services, Snohomish Health District The City Council meeting was adjourned at 8: 26 p. m. 44.01)/(-)( k City Clerk Read and approved as printed. Cou cil President 8