Everett City Council

December 8, 2021 The regular meeting of the Everett City Council was called to order at 6: 30 p. m., December 8, 2021. Council Member Roberts announced that the Council is still abiding by Governor Inslee' s Healthy Washington guidelines, 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. He stated the City Council is prepared to open the Council chambers when public health considerations indicate it is safe to do so. Council Member Roberts announced that citizens are encouraged to view meetings live on Comcast Channel 21, Frontier Channel 29, and on the City website at www. everettwa. gov/ citycouncil. Individuals may also call in to listen to the live meeting at any point by dialing 425. 616. 3920, Conference ID 724 887 726#. He stated the public is welcome to provide comments on any matter via email at council@everettwa. gov. He also provided instructions for community members wishing to participate live during a future meeting. He asked that comments be respectful, and remarks limited to three minutes. He added that the Council does not allow comments on certain issues such as: campaigning of any kind — whether for or against ballot measures or candidates running for office— is legally prohibited at the meeting, and comments focused on personal matters that are unrelated to City business. On behalf of the City Council, Council Member Vogeli acknowledged the original inhabitants of this place, the sduhubs people and their successors, the Tulalip Tribes. Council Member Murphy led the Pledge of Allegiance. Upon roll call, it was found that Mayor Franklin, Council Members Murphy, Vogeli, Tuohy, Bader, Moore, and Roberts were present. Council President Stonecipher was excused. The minutes of the December 1, 2021, City Council meeting were approved as printed. 1  December 8, 2021 MAYOR APPOINTMENTS Mayor Franklin requested a concurrence on three appointments to boards and commissions. Moved by Council Member Bader, seconded by Council Member Murphy, to concur with the following appointments: Civil Service Commission Appointment of Joe Metzger- Levin to Position 3 for a two- year term ending on 12/ 21/ 2023. Lodging Tax Advisory Board Appointment of Lindsey Machon for a four-year term ending on 01/ 01/ 2025. Appointment of Danielle Cavoto for a four- year term ending on 01/ 01/ 2025. Roll was called with all council members voting yes, except President Stonecipher who was excused. Motion carried. COUNCIL Council Member Murphy stated that County Executive and some members of the Snohomish County Council propose to raise the sales tax rate in Snohomish County by 1/ 10 of 1% to assist in funding affordable housing and behavior health facilities, is being pushed for a vote on December 15, 2021, without any vote of residents. The increase would take effect on April 1, 2022. He voiced concerns 2  December 8, 2021 with how this increase would hit lower income earners harder than it would higher income level families. Council Member Murphy stated he drafted a letter to send to Snohomish County Council and asked for Everett Council support. He reviewed the draft letter and asked for Council comments. Council Member Tuohy commented on the new 2022 library hours of operation, which will be open every day except the Evergreen branch will be closed on Sundays. She would like a solution to open the branch on Sundays to give working families and individuals more opportunities to utilize the library resources and services. She also requested a briefing on the Senior Center and the different types of programing they will offer, the goals, and the quantity of seniors who will be utilizing the center. Mayor Franklin responded that the Volunteers of America ( VOA) will be doing a holiday party towards the end of the month and officially opening to seniors on January 3, 2022, and more information is to come. Council Member Bader introduced a resolution concerning potential community impacts of an emergency shelter and/ or temporary housing facility. Council Member Moore stated that there would be a presentation towards the end of the Council meeting on the next steps in the process on defining where the public works facility is located. Council Member Roberts wanted to thank the Evergreen Arboretum and Gardens Society Group for the winter lights they installed at Legion Memorial Park. ADMINISTRATION UPDATE ON PRIOR BUSINESS Deputy Mayor Nick Harper had no comments. CITY ATTORNEY City Attorney David Hall had no comments. 3  December 8, 2021 PUBLIC COMMENT Deb Williams stated the Council received no written comments from citizens. Joe Kunzler, Everett, commented on Agenda Item # 28. He voiced a few areas of improvement such as affordable housing, more open discussions for additional options on the Paine Field Industrial Center, keeping the Sound Transit projects on time and on budget. CONSENT ITEMS: Moved by Council Member Bader, seconded by Council Member Tuohy, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7721 authorizing claims against the City of Everett in the amount of $ 2, 866, 314. 44 for the period of November 20, 2021, through November 24, 2021. RESOLUTION — PAYROLL CLAIMS To adopt Resolution No. 7722 authorizing payroll claims against the City of Everett in the amount of $ 4, 196, 506. 22 for the period ending November 20, 2021. AGREEMENT — COURT INTERPRETER AND LANGUAGE ACCESS SERVICE EXPENSES To authorize the Mayor to sign the Interagency Agreement IAA22463 between the Washington State Administrative Office of the Courts and Everett Municipal Court. 4  December 8, 2021 JOB COMPLETE— EVERETT DOWNTOWN STREETSCAPE PROJECT To accept the Everett Downtown Streetscape Project as complete, and authorize the Mayor to sign the Certificate of Completion with Jansen, Inc. AGREEMENT — ARCHITECTURAL DESIGN SERVICES FOR THE 2022 WATER FILTER PLANT' S BUILDING ROOF REPLACEMENT PROJECT To authorize the Mayor to sign the Professional Services Agreement with 2812 Architectural to provide architectural design services for the 2022 Water Filter Plant' s Building Roof Replacement Project in the amount of$ 42, 110. 00. AGREEMENT AMENDED — BEVERLY LAKE WATER QUALITY RETROFIT PROJECT To authorize the Mayor to sign Amendment No. 1 to Water Quality Combined Financial Assistance Agreement for the Beverly Lake Water Quality Retrofit Project. AGREEMENT — COST SHARING FOR JETTY LANDING RESTROOM CAPITAL IMPROVEMENTS To authorize the Mayor to sign a Successor Interlocal Agreement for cost sharing for Jetty Landing Restroom Capital Improvements. JOB COMPLETE — BIOSOLIDS & BACKWASH SOLIDS REMOVAL PROJECT To accept the 2021 Biosolids & Backwash Solids Removal Project as complete and authorize the Mayor to sign the Certificate of Completion with Merrell Brother' s Inc. in the amount of$ 781, 485. 74. AGREEMENT AMENDED— WPCF WASTEWATER TOXICITY TESTING To authorize the Mayor to sing Amendment No. 2 of the Professional Services Agreement with Rainier Environmental Laboratory to provide for wastewater toxicity testing at the Water Pollution Control Facility. 5  December 8, 2021 GRANT AGREEMENT— WASTE REDUCTION AND RECYCLING PROGRAMS To authorize the Mayor to sign the Local Solid Waste Financial Assistance Grant Agreement with the Department of Ecology to implement waste reduction and recycling programs in an amount not to exceed $ 150, 268. JOB COMPLETE— MAPLE HEIGHTS BRIDGE SEISMIC RETROFIT PROJECT To accept the Maple Heights Seismic Retrofit Project as complete with Combined Construction, Inc., and authorize the Mayor to sign the Certificate of Completion. AGREEMENT— SNOHOMISH COUNTY CAMPUS MAINTENANCE SERVICES To authorize the Mayor to sign the Interlocal Agreement with Snohomish County for maintenance services provided by the Downtown Everett Association on the Snohomish County Campus. Roll was called with all council members voting yes, except President Stonecipher who was excused. Motion carried. PROPOSED ACTION ITEMS: COUNCIL BILL 2111- 57 SECOND READING: AN ORDINANCE establishing the basic salary schedule for City of Everett employees for 2022 COUNCIL BILL 2111- 58 6  December 8, 2021 SECOND READING: AN ORDINANCE amending Section 1 ( C) of Ordinance 1594- 89 as amended by Section 1 of Ordinance No. 2879- 05 establishing Juneteenth as a City Holiday COUNCIL BILL 2111- 56 SECOND READING: AN ORDINANCE approving the appropriations of the 2021 revised City of Everett budget and amending Ordinance No. 3827- 21 COUNCIL BILL 2111- 60 SECOND READING: AN ORDINANCE EXTENDING THE Special Business and Occupation Tax rate, amending Ordinance 3711- 19 COUNCIL BILL 2111- 59 SECOND READING: AN ORDINANCE creating a Special Improvement Project, entitled Evergreen Pump Station Upgrades," Fund 336, Program 007, and repealing Ordinance No. 3729- 20 COUNCIL BILL 2111- 61 FIRST READING: AN ORDINANCE creating a Special Improvement Project, entitled " Port of Everett Combined Sewer Main," Fund 336, Program 025, and repealing Ordinance No. 3823- 21 7  December 8, 2021 COUNCIL BILL 2111- 62 FIRST READING: AN ORDINANCE closing a Special Improvement Project, entitled " Everett Downtown Streetscape Improvements— Phase II," Fund 303, Program 101, as established by Ordinance No. 3682- 19 COUNCIL BILL 2111- 63 FIRST READING: AN ORDINANCE closing a Special Improvement Project, entitled " Rucker Water Main Replacement Project," Fund 336, Program 002, as established by Ordinance No. 3683- 19 COUNCIL BILL 2111- 64 FIRST READING: AN ORDINANCE closing a Special Improvement Project, entitled Downtown Streetscape Phase 3," Fund 303, Program 109, as established by Ordinance No. 3681- 19 COUNCIL BILL 2111- 65 FIRST READING: AN ORDINANCE closing a Special Improvement Project, entitled " Citywide Streetlight LED Conversion," Fund 336, Program 108, as established by Ordinance No. 3461- 15 COUNCIL BILL 2111- 66 FIRST READING: 8  December 8, 2021 AN ORDINANCE closing a Special Improvement Project, entitled Broadway 10th St. to 19th St. Intersection Safety," Fund 303, Program 104, as established by Ordinance No. 3595- 18 COUNCIL BILL 2111- 67 FIRST READING: AN ORDINANCE closing a Special Improvement Project, entitled " Water Main Replacement U," Fund 336, Program 003, as established by Ordinance No. 3703- 19 COUNCIL BILL 2111- 68 FIRST READING: AN ORDINANCE creating a Special Improvement Project, entitled " Fleming Street Bicycle Corridor," Fund 303, Program 123 COUNCIL BILL 2111- 69 FIRST READING: AN ORDINANCE closing a Special Improvement Project, entitled " Forest Park Swim Center Capital improvement Project," Fund 354, Program 048, as established by Ordinance No. 3479- 16, and amended by Ordinance No. 3531- 17 COUNCIL BILL 2111- 70 FIRST READING: AN ORDINANCE amending and closing a Special Improvement Project, entitled " Forest Park Swim Center Improvements Project," Fund 354, Program 055, as established by Ordinance No. 3594- 18 9  December 8, 2021 ACTION ITEMS: LETTER— EARLY SCOPE FOR FORMAL TRANSMITTAL Moved by Council Member Murphy, seconded by Council Member Bader, to authorize the Mayor to sign the proposed early scoping letter for formal transmittal to Sound Transit. Council Member Murphy voiced concerns with how quickly this was brought to Council' s attention with such a short deadline to submit the comment letter. Yorik Stevens- Wajda confirmed the letter needed to be submitted by Friday, December 10, 2021. Murphy requested edits to the letter. Council Member Murphy requested confirmation that Phase I incorporated Airport Road/ Hwy 99 stations and the SW Boeing Station and questioned whether Phase II, which would occur approximately four years later, incorporated the Evergreen Way/ Hwy 526 station as well as Downtown Everett Station and if Phase II was within Everett city limits. Yorik Stevens- Wajda stated he would upload maps and that the intersection of Airport Road and Hwy 99 is in Everett' s jurisdiction in the north quadrant, so the station is partially in Everett and in unincorporated Snohomish County. Council Member Murphy wanted to confirm that between both stations, the higher priority should be Evergreen Way/ 526 Station over the provisional Airport Rd/ Hwy 99 location and have that built in as part of Phase I. Mayor Franklin and Council Member Roberts followed up with clarification and further explanation regarding the reasonings behind the Phase decisions. Council Member Vogeli expressed concern of potential displacement of businesses and families and affordable housing near the locations of the stations and wanted reassurance for the public that the City is doing the work and thinking about displacements and not displacing individuals. 10  December 8, 2021 Council Member Tuohy commented that the City needs to make a strong stance and hold the expectation on Sound Transit that the station be built by 2037. She also stated that President Stonecipher and Yorik Stevens- Wajda were going to meet and make the language of the letter stronger prior to signing and sending it out. Council Member Bader agreed with other council member comments and stated the need for Everett to support the annexation of the SW Everett area. He further made comments on concerns with station route and better equity options. Council Member Moore wanted to let Council Member Bader and Roberts know his appreciation for their passion, knowledge and work on Sound Transit and the field of transportation. He stated it' s important to maximum pressure to get it sooner, wherever it exists. Council Member Roberts requested stronger language be added to the letter and to move the letter forward as soon as possible. Roll was called with all council members voting yes, except President Stonecipher who was excused. Motion carried. COUNCIL BILL 2111- 49 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Later Phase Eclipse Mill Park Project and Riverfront Trail Improvement Project," Fund 354, Program 073, to accumulate all design costs for the improvement project. Moved by Council Member Bader, seconded by Council Member Vogeli, that this is declared to be the third and final reading of Council Bill No. 2111- 49. 11  December 8, 2021 The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Vogeli, Tuohy, Bader, Moore and Roberts NAYS: None EXCUSED: President Stonecipher Ordinance 3839- 21 adopted. COUNCIL BILL 2111- 50 THIRD AND FINAL READING: AN ORDINANCE closing a Special Improvement Project, entitled " Forest Park Playground Replacement Project," Fund 354, Program 061, as established by Ordinance No. 3698- 19 Moved by Council Member Bader, seconded by Council Member Vogeli, that this is declared to be the third and final reading of Council Bill No. 2111- 50. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Vogeli, Tuohy, Bader, Moore and Roberts NAYS: None EXCUSED: President Stonecipher Ordinance 3840- 21 adopted. COUNCIL BILL 2111- 51 THIRD AND FINAL READING: 12  December 8, 2021 AN ORDINANCE closing a Special Improvement Project, entitled " Forterra Restoration Plan," Fund 354, Program 062, for the continued implementation of a restoration plan for several publicly owned urban forested areas with the City of Everett, as established by Ordinance No. 3717- 19 Moved by Council Member Murphy, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill 2111- 51. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Vogeli, Tuohy, Bader, Moore and Roberts NAYES: None EXCUSED: President Stonecipher Ordinance 3841- 21 adopted. COUNCIL BILL 2111- 52 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, entitled " Forterra Restoration Plan," Fund 354, Program 074, for the continued implantation of a restoration plan for several publicly owned urban forested areas within the City of Everett Moved by Council Member Bader, seconded by Council Member Vogeli, that this is declared to be the third and final reading of Council Bill 2111- 52. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Vogeli, Tuohy, Bader, Moore and Roberts 13  December 8, 2021 NAYES: None EXCUSED: President Stonecipher Ordinance 3842- 21 adopted. COUNCIL BILL 2111- 53 THIRD AND FINAL READING: AN ORDINANCE closing a Special Improvement Project, entitled " Garfield Park Path Overlay and Seal Coat Project," Fund 354, Program 067, as established by Ordinance No. 3771- 20. Moved by Council Member Bader, seconded by Council Member Murphy, that this is declared to be the third and final reading of Council Bill 2111- 53. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Vogeli, Tuohy, Bader, Moore and Roberts NAPES: None EXCUSED: President Stonecipher Ordinance 3843- 21 adopted. COUNCIL BILL 2111- 54 THIRD AND FINAL READING: AN ORDINANCE closing a Special Improvement Project, entitled " Lowell Park Sport Court Renovation," Fund 354, Program 060, as established by Ordinance No. 3697- 19. Moved by Council Member Bader, seconded by Council Member Moore, that this is declared to be the third and final reading of Council Bill 2111- 54. 14  December 8, 2021 The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Vogeli, Tuohy, Bader, Moore and Roberts NAYES: None EXCUSED: President Stonecipher Ordinance 3844- 21 adopted. PUBLIC HEARING: COUNCIL BILL 2111- 55 Council Member Roberts opened the public hearing regarding Council Bill 2111- 55, a proposed Ordinance amending the Everett Municipal Code Chapter 19. 06 related to Lots, Setbacks, and Residential Densities, amending Ordinance No. 3774- 20, as amended. There were no citizens that wished to speak. Moved by Council Member Murphy, seconded by Council Member Bader, to close the public hearing. Roll was called with all council members voting yes, except President Stonecipher who was excused. Motion carried. Moved by Council Member Bader, seconded by Council Member Moore, that this is declared to be the third and final reading of Council Bill 2111- 55. 15  December 8, 2021 The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Murphy, Vogeli, Tuohy, Bader, Moore and Roberts NAYES: None EXCUSED: President Stonecipher Ordinance 3845- 21 adopted. COUNCIL BRIEFING AGENDA: Adopt Resolution accepting the Public Works Site Area Selection Study and authorizing pre- design activities. Presented by Ryan Sass, Public Works Director Discussion ensued regarding site recommendations, key milestones needed to be confirmed to allow a move towards the preferred option of the EPIC site and the cons to Cedar- Smith as a backup option. President Stonecipher announced that the next meeting of the Council is scheduled for Wednesday, December 15th, at 6: 30 p. m. She encouraged citizens to submit comments to council@everettwa. gov prior to the meeting. Additional meeting information can be found on the City website. The City Council meeting adjourned at 8: 44 p. m. Deputy City Cler Read and approved as printed. 16 December 8, 2021 Fa• et4. C uncil Preside t 17