Everett City Council

December 22, 2021 The regular meeting of the Everett City Council was called to order at 12: 30 p. m., December 22, 2021, President Stonecipher presiding. President Stonecipher 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. She stated the City Council is prepared to open the Council chambers when public health considerations indicate it is safe to do so. President Stonecipher 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#. She stated the public is welcome to provide comments on any matter via email at council@everettwa. gov. She also provided instructions for community members wishing to participate live during a future meeting. She asked that comments be respectful, and remarks limited to three minutes. She 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. Upon roll call, it was found that Mayor Franklin, Council Members Murphy, Roberts, Tuohy, Moore, Vogeli, Bader and President Stonecipher were present. On behalf of the City Council, Council Member Roberts acknowledged the original inhabitants of this place, the sduhub people and their successors, the Tulalip Tribes. Council Member Murphy led the Pledge of Allegiance. The minutes of the December 15, 2021, City Council meeting were approved as printed. 1  December 22, 2021 MAYOR Mayor Franklin requested a concurrence on a new appointment to boards and commissions. Moved by Council Member Murphy, seconded by Council Member Vogeli, to concur with the following appointments: Lodging Tax Advisory Board Appointment of Brenda Stonecipher to Position 5, for an unexpired term ending 2/ 31/ 2022. Roll was called with all Council Members voting yes, except President Stonecipher who abstained. Motion carried. Everett Public Library Board President, Maureen Malley, gave a Library Board update and information on future programs, new technology, and services. Mayor Franklin recognized Council Members Scott Bader, Jeff Moore, Scott Murphy, and Paul Roberts for their years of service on Everett' s City Council, leadership, and support for the City of Everett and accomplishments over the years. COUNCIL Council Member Tuohy recognized and thanked the Council Members departing as of December 31, 2021. She also wished everyone a happy holiday and new year. Council Member Vogeli also recognized and thanked departing council members. She reported that Westmont Holly Neighborhood Association was joined by the Vice- President of the Friends of the Library Board. The neighbors also discussed pros and cons regarding the proposed red- light cameras. She also encouraged the 2  December 22, 2021 public to sign up for the boards and commissions, particularly the Transportation Advisory Committee ( TAC). President Stonecipher also recognized and thanked the Council Members departing from Everett' s City Council as of December 31, 2021. Council Member Murphy recognized and thanked the Council Members for their support, leadership, service, and teamwork. He stated he was honored to have served on the Council representing City residents for nine years. He thanked past and present City staff members for their hard work and dedication. He wished everyone a happy holiday and best wishes for the future. Council Member Moore stated what a privilege it was to serve the City of Everett as a council member and the importance of the job. He emphasized Everett' s qualities, successes — past and present — the communities and its citizens. He thanked City Council Members for their support and teamwork, thanked the Deb Williams and City staff, and welcomed the new members of Council. Council Member Bader recognized Deb Williams, Executive Assistant to the Council, for everything she has done for the Council. He continued by thanking the City Council and expressed how grateful he was for being able to serve the City of Everett and its residents. He thanked his wife, children, and parents for their support. Lastly, he recognized and thanked City staff for their hard work and the pleasure it was working side by side with them. Council Member Roberts thanked his wife for her support. He recognized the hard work and dedication of City staff, Deb Williams, the community and its citizens, and thanked past and present City Council members. He emphasized the accomplishments, successes and wished the new Council Members the best in their new roles. Deb Williams, Executive Assistant to the Council, stated it has been a privilege and honor to work with the Council Members and thanked them for their kind words. 3  December 22, 2021 ADMINISTRATION UPDATE ON PRIOR BUSINESS Lori Cummings stated that included on the Consent Agenda was a request for the Mayor to sign a contract with Imagine Children' s Museum awarding $ 80, 000 through the Everett Grant Program. She also recognized and thanked the departing City Council members and showed appreciation for their work and support. CITY ATTORNEY City Attorney David Hall stated there was no executive session for this meeting. He gave a brief update on two litigation items: The Purdue Pharma Bankruptcy proceedings Global Settlement with Johnson and Johnson and the three largest distributors— Washington State opted out of that settlement which means the City of Everett is not eligible to participate in the settlement. The State of Washington has a separate litigation with Johnson and Johnson, and he will continue to update City Council and the Public as new information comes forward. City Attorney Hall announced two items that required Council action from the December 15, 2021, Executive Session: DEPARTMENT OF ECOLOGY NUTRIENTS GENERAL PERMIT City Attorney Hall requested President Stonecipher to call for a motion for the Council to authorize the City to appeal the Puget Sound Nutrient Permit as previously discussed during last week' s Executive Session. Moved by Council Member Bader, seconded by Council Member Moore, to authorize the City to move forward to appeal the Puget Sound Nutrient Permit. 4  December 22, 2021 Roll was called with all council members voting yes. Motion carried. SETTLEMENT AGREEMENT City Attorney Hall requested Council to authorize the Mayor to sign a settlement agreement relating the Workers' Compensation claim of a former employee who was involved in a rollover accident while driving a City vactor truck. Moved by Council Member Vogeli, seconded by Council Member Bader, to authorize the Mayor to sign the Settlement Agreement with Mr. Guluarte in the amount of$ 300, 000. Roll was called with all council members voting yes. Motion carried. PUBLIC COMMENT Deb Williams stated the Council received no written comments. Joe Kunzler, Everett, thanked Mayor Cassie Franklin for posting reminders on social media and thanked the departing City Council Members. He thanked Deb Williams, Pipa Escalante, and City Staff for their work during the pandemic and for making it easier for the public to stay involved and informed. He commented on transit related items, the Library Board, and work performed by Council Member Paul Roberts on the Transit Advisory Board. 5  December 22, 2021 CONSENT ITEMS: Moved by Council Member Bader, seconded by Council Member Roberts, to approve the following consent items: RESOLUTION - CLAIMS To adopt Resolution No. 7726 authorizing claims against the City of Everett in the amount of $ 1, 445, 358. 05 for the period of December 4, 2021, through December 10, 2021. RESOLUTION — PAYROLL CLAIMS To adopt Resolution No. 7727 authorizing payroll claims against the City of Everett in the amount of$ 4, 214, 525. 28 for the period ending December 4, 2021. ACCEPTANCE— MR. GREG R. STEWERT FOR THE FUND FOR ANIMALS To approve the Mayor' s acceptance of a $ 22, 042. 82 bequest from the estate of Mr. Greg R. Stewart for the Fund for the Animals. AGREEMENT— ENGINEERING SERVICES FOR THE ECLIPSE MILL PARK AND RIVERFRONT TRAIL IMPROVEMENT PROJECTS To authorize the Mayor to sign a Professional Service Agreement with KPFF Consulting Engineers to provide engineering services for the Later Phase Eclipse Mill Park and Riverfront Trail Improvement Project in an amount not to exceed 600, 000. MEMORANDUM — COMPREHENSIVE EMERGENCY MANAGEMENT PLAN To authorize the Mayor to sign the Promulgation Memorandum for the City of Everett Comprehensive Emergency Management Plan ( CEMP). AGREEMENT AMENDED — SNOHOMISH HEALTH DISTRICT REIMBURSEMENT FOR COVID- 19 VACCINATION RELATED COSTS 6  December 22, 2021 To authorize the Mayor to sign Amendment No. 1 to the Interlocal Agreement with the Snohomish Health District for reimbursement of COVID- 19 vaccination- related costs. AGREEMENT — PURCHASE OF A PORTABLE 500 KW TRAILER MOUNTED GENERATOR To award and authorize the Mayor to sign contract as substantially complete for the purchase of a portable 500 KW trailer mounted generator from Cummins, Inc. using Sourcewell Contract # 120617- CMM/ EVT# 2020- 018 in the amount of 286, 305. 70, including Washington State sales tax. AGREEMENT — NORTHSHORE PARKS AND RECREATION SERVICE AREA EXCESS CAPACITY To authorize the Mayor to sign the Interagency Agreement between the City of Everett and Northshore Parks and Recreation Service Area to use the excess capacity from the City' s existing Job Order Contract. RESOLUTION — EMERGENCY AND SPECIAL MARKET CONDITIONS To adopt Resolution No. 7728 Declaring Emergency and Special Market Conditions Regarding Supply Chain Disruptions for the Purpose of Waiving Competitive Bidding Requirements. CONTRACT— IMAGINE CHILDREN' S MUSEUM EVERETT FORWARD GRANT PROGRAM To authorize the Mayor to sign the contract with Imagine Children' s Museum awarding$ 80, 000 through the Everett Forward Grant program. AGREEMENT— 2022 TULALIP WATER PIPELINE MORTAR REPAIR PROJECT 7  December 22, 2021 To award the Construction Contract for the 2022 Tulalip Water Pipeline Mortar Repair Project to Reece Construction in the amount of$ 1, 054, 519. 20, including Washington State Sales Tax. AGREEMENT AMENDED— SCHEMATIC DESIGN SERVICES FOR THE EVERETT MUNICIPAL BUILDING To authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with Mackenzie to provide schematic design services for the Everett Municipal Building— Public Works Tenant Improvement Project. CALL FOR BIDS— EVERGREEN PUMP STATION UPGRADES PROJECT To authorize a Call for Bids for the Evergreen Pump Station Upgrades Project. LICENSE AGREEMENT— MUKILTEO WATER AND WASTEWATER DISTRICT To authorize the Mayor to sign License Agreement with Mukilteo Water and Wastewater District. AGREEMENT AMENDED — DATE OF COMPLETION EXTENSION FOR ENVIRONMENTAL PERMITTING SUPPORT FOR PUBLIC WORKS PROJECTS To authorize the Mayor to Amendment No. 1 to the Professional Services Agreement Amendment with Wood Environment and Infrastructure Solutions Inc. extending the date of completion to December 31, 2023. CONTRACT AWARD— PORT OF EVERETT COMBINED SEWER MAIN PROJECT To award Construction Contract for construction of the Port of Everett Combined Sewer Main Project to Northwest Construction, Inc. in the amount of 4, 551, 566. 85. Roll was called with all council members voting yes. 8  December 22, 2021 Motion carried. ACTION ITEMS: Moved by Council Member Murphy, seconded by Council Member Bader, to approve the following action items: MEMORANDUM OF UNDERSTANDING — LATERAL POLICE OFFICER HIRING INCENTIVE PROGRAM To authorize the Mayor to sign the Memorandum of Understanding with the Everett Police Officers Association for a lateral police officer hiring incentive program. Roll was called with all council members voting yes, except Council Member Vogeli who voted no. Motion carried. MEMORANDUM OF UNDERSTANDING— EVERETT POLICE OFFICERS ASSOCIATION RETENTION INCENTIVE To authorize the Mayor to sign the Retention Incentive Memorandum of Understanding with the Everett Police Officers Association. Roll was called with all council members voting yes. Motion carried. MEMORANDUM OF UNDERSTANDING — EVERETT POLICE MANAGEMENT ASSOCIATION RETENTION INCENTIVE 9  December 22, 2021 To authorize the Mayor to sign the Retention Incentive Memorandum of Understanding with the Everett Police Management Association. Roll was called with all council members voting yes. Motion carried. MEMORANDUM OF UNDERSTANDING — EVERETT POLICE AFSCME EMPLOYEES RETENTION INCENTIVE To authorize the Mayor to sign the Retention Incentive Memorandum of Understanding with the Everett Police AFSCME employees. Roll was called with all council members voting yes. Motion carried. MEMORANDUM OF UNDERSTANDING — EVERETT POLICE NON- REPRESENTED EMPLOYEES' RETENTION INCENTIVE To authorize the Mayor to approve the Retention Incentive to non- represented City of Everett Police employees. Roll was called with all council members voting yes. Motion carried. Police Chief Dan Templeman reviewed and outlined the incentives and retentions and answered Council questions. 10  December 22, 2021 COUNCIL BILL 2111- 61 THIRD AND FINAL 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 Moved by Council Member Bader, seconded by Council Member Roberts, that this is declared to be the third and final reading of Council Bill No. 2111- 61. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy and Stonecipher NAYS: None EXCUSED: None Ordinance 3851- 21 adopted. AGREEMENT— PORT OF EVERETT NORTON TERMINALS Moved by Council Member Roberts, seconded by Council Member Murphy, to authorize the Mayor to sign the Interlocal Agreement between the City of Everett and Port of Everett relating to Norton Terminals. Roll was called with all council members voting yes. Motion carried. COUNCIL BILL 2111- 62 THIRD AND FINAL READING: 11  December 22, 2021 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 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. 2111- 62. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None Ordinance 3852- 21 adopted. COUNCIL BILL 2111- 63 THIRD AND FINAL 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 Moved by Council Member Vogeli, seconded by Council Member Roberts, that this is declared to be the third and final reading of Council Bill No. 2111- 63. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None 12  December 22, 2021 Ordinance 3853- 21 adopted. COUNCIL BILL 2111- 64 THIRD AND FINAL READING: AN ORDINANCE closing a Special Improvement Project, entitled " Downtown Streetscape Phase 3," Fund 303, Program 109, as established by Ordinance No. 3681- 19 Moved by Council Member Vogeli, seconded by Council Member Roberts, that this is declared to be the third and final reading of Council Bill No. 2111- 64. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None Ordinance 3854- 21 adopted. COUNCIL BILL 2111- 65 THIRD AND FINAL READING: AN ORDINANCE closing a Special Improvement Project, entitled " Citywide Streetlight LED Conversion," Fund 303, Program 108, as established by Ordinance No. 3461- 15 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. 2111- 65. 13  December 22, 2021 The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None Ordinance 3855- 21 adopted. COUNCIL BILL 2111- 66 THIRD AND FINAL READING: 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 Moved by Council Member Vogeli, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 2111- 66. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None Ordinance 3856- 21 adopted. COUNCIL BILL 2111- 67 THIRD AND FINAL READING: 14  December 22, 2021 AN ORDINANCE closing a Special Improvement Project, " Water Main Replacement U," Fund 336, Program 003, as established by Ordinance No. 3703- 19. Moved by Council Member Tuohy, seconded by Council Member Murphy, that this is declared to be the third and final reading of Council Bill No. 2111- 67. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None Ordinance 3857- 21 adopted. COUNCIL BILL 2111- 68 THIRD AND FINAL READING: AN ORDINANCE creating a Special Improvement Project, " Fleming Street Bicycle Corridor," Fund 303, Program 124 Moved by Council Member Tuohy, seconded by Council Member Vogeli, that this is declared to be the third and final reading of Council Bill No. 2111- 68. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None Ordinance 3858- 21 adopted. 15  December 22, 2021 COUNCIL BILL 2111- 69 THIRD AND FINAL READING: AN ORDINANCE closing a Special Improvement Project, entitled " Forest Park Swim Center Capital Improvements Project," Fund 354, Program 048, as established by Ordinance No. 3479- 16, and amended by Ordinance No. 3531- 17 Moved by Council Member Murphy, seconded by Council Member Tuohy, that this is declared to be the third and final reading of Council Bill No. 2111- 69. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None Ordinance 3859- 21 adopted. COUNCIL BILL 2111- 70 THIRD AND FINAL 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 Moved by Council Member Tuohy, seconded by Council Member Bader, that this is declared to be the third and final reading of Council Bill No. 2111- 70. The Deputy City Clerk was directed to call the roll for the final disposition of the ordinance. 16  December 22, 2021 AYES: Bader, Moore, Murphy, Roberts, Vogeli, Tuohy, and Stonecipher NAYS: None EXCUSED: None Ordinance 3860- 21 adopted. AGREEMENT — COLLECTIVE BARGAINING AGREEMENT WITH EVERETT FIREFIGHTERS LOCAL NO. 46 Moved by Council Member Moore, seconded by Council Member Bader, to authorize the Mayor to sign the Collective Bargaining Agreement between the City and the Everett Firefighters Local No. 46 for the year 2022. Roll was called with all council members voting yes. Motion carried. President Stonecipher announced that the next meeting of the Council is scheduled for Wednesday, January 5' 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 2: 28 p. m. Deputy City Clerk Read and approved as printed. C ncil Presiden 17