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cmd072721EDMONDS CITY COUNCIL MEETING APPROVED MINUTES July 27, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Rob Chave, Acting Development Serv. Dir. Mike Clugston, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst Jerrie Bevington, Camera Operator Following a delay due to technical issues, the Edmonds City Council meeting was called to order at 7:40 p.m. by Mayor Nelson in the Council Chambers, 250 5' Avenue North, Edmonds as well as virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember K. Johnson read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described the process for audience comments. Edmonds City Council Approved Minutes July 27, 2021 Page 1 Cindy Sjoblom, Edmonds, expressed her unequivocal opposition to the elimination of single family zoning. She referenced an article in My Edmonds News that stated it best, middle housing has been done in cities across the United States and it failed to meet many of our needs. When they moved to Edmonds from Seattle two decades ago, they looked forward to being in the suburbs, a less hectic and chaotic pace, to have more space for our family, a bigger yard, breathing room from neighbors, less congested housing, less traffic congestion, and a beautiful neighborhood in a charming coastal town, something no one dreamed might be taken away. Government officials chose to be in office to represent the will of the people and the people are here to state their will. She urged the Council to ask themselves at the end of each day whether they had represented Edmonds residents today, whether they upheld the rules, regulations and laws mean to protect the constituency of Edmonds that they service, whether they kept their word to the community, listen to them and carried out their will, and whether they still had their integrity and reputation to fulfill their duty. The reason representatives are chosen is to fulfill the will of the people responsibly, ethically and legally; if that trust is violated, government officials are no longer citizens' voice and citizens must take appropriate actions to ensure they are being represented. She urged the Council to listen to the will of the people and maintain all Edmonds' beauty and charm. She was absolutely against the portal on the City's website and was absolutely stunned and shocked by Councilmember Fraley-Monillas' statement that the residents of Edmonds are racist. For Councilmember Fraley-Monillas to make such a blanket statement, she must have a different agenda. As a person of Hispanic decent and whose children are half White, and in two decades in Edmonds, no one has ever discriminated against her. She urged Councilmember Fraley-Monillas to rethink her position, noting there are a lot of unhappy people who, along with her, do not want that portal on the website. She suggested the City may find itself with a lawsuit. She reiterated elected officials represent the people and concluded if she sounded frustrated, it was because she is. Eric Soll, Edmonds, said Edmonds is exceeding all its growth objectives and will do so for decades. Single family homeowners have overwhelmingly opposed any upzoning although their participation has been kept to an absolute minimum in the process. Councilmembers should not lose sight of who their constituents are; they are the residents, especially the single family homeowners negatively impacted by the proposed upzoning recommendations. The Council does not represent political parties and organizations that wish to eliminate all single family zoning, nonprofit organizations, quasi -government regional agencies, the construction industry, the mortgage industry, the real estate industry, transit agencies that desperately need riders, or people who do not reside in Edmonds. This process has basically precluded involvement by those who will be impacted by the recommendations, single family homeowners. He contacted the Council via email encouraging the commission of a statistically relevant poll among single family homeowners to determine what they actually desire; there was no Council interest. Alternatively, citizen participation is being hyped for the design of the new Edmonds sign on Highway 99. Edmonds should be extensively engaging its single family constituents on important matters such as the desired future of the single family community. The design of the Highway 99 sign will be irrelevant to a single family homeowner when a 3-story townhouse towers over them. He referred to Mukilteo where the message of no new density was received loud and clear by their City Council after only one year of debate; that decision is being put to a vote of the citizens to further memorialize the decision. Perhaps Edmonds should emulate Mukilteo as an example of how to engage with those who count in the process — single family homeowners. For three years, single family homeowners have been trying to alert the Council that they are not interested in upzoning. He assumed those matters were more important for single family Edmonds residents than the color of the Edmonds sign on Highway 99. Nancy Marsh, Edmonds, a resident on Dayton Street, referred to unresolved, critical traffic safety issues on Dayton Street. In March 2021, Dayton residents presented an informative packet to Mayor Nelson, Mr. Williams and the City Council; Mayor Nelson quickly responded to their concerns and set up an in - person meeting with Mr. Williams and their group. She thanked Mayor Nelson for his time and desire to help. The meeting had a positive outcome, the installation of blinking crosswalk signs at 8t1i Avenue and Edmonds City Council Approved Minutes July 27, 2021 Page 2 7' Ave South which were welcome additions and she thanked Mr. Williams and the Public Works Department. Dayton is a unique street with more risk and endangerment to children than any other east - west street in the Edmonds Bowl. It not only incorporates 35 residential homes, but it also includes an entire block occupied by the Frances Anderson Center between 7' and 8' Avenues South, a dedicated center for schools and civic activities, owned and operated by the City. There are no stop signs or speed reduction obstacles on Dayton from 61h Avenue to 9t' Avenue, leaving the Frances Anderson Center exposed to speeding cars and trucks and endangering young children. Pine, Walnut, Alder, Maple and Main all have various stop signs and gross truck weight limit signs. The removal of the curbed island at 8t' Avenue South & Dayton has proven ineffective. Large semi -trucks use Dayton and ignore the designated truck route ordinance. She requested the truck route be enforced as semi -trucks and small children do not mix. The painted, ghost island, is ineffective and often used by bikers and skateboarders as a weekend jump. Mayor Nelson and staff have told them that safety issues are at the top of their priority list; safety on Dayton Street needs to be put into practice, making children's safety the highest priority over any other project being considered or implemented by the City. She and others are here tonight to implore the City to make Dayton Street safe by adding stop signs and redirecting heavy trucks off Dayton before someone is killed or injured. She looked forward to working with the City to make the community safer. Tom Snyder, Edmonds, a resident on Dayton Street, expressed concern regarding a serious speeding issue on the 700 and 800 blocks of Dayton Street. A traffic survey performed by the City from April 11 through April 17, 2017 tracked 6 cars at speeds of 50 mph on 4 different days between 2 and 6 p.m., 5 cars at 45-50 mph on 4 different days from 12 to 5 p.m., and 26 cars at 40-45 mph on various time and days. The residents of the 700 and 800 block of Dayton Street continue to see speeding daily. Speeding cars put 40 preschool and 60 Montessori school children and their parents at risk during drop off and pickup as well as library patrons and families attending weekend events at Frances Anderson Center. In March, a citizen group met with staff to resolve this problem; the City's solution was flashing light crosswalks at 7t' and 81h which are helpful for those crossing the street but do not slow traffic. The City ignored the best solution, stop signs on Dayton at 7t1i and 8th even though the City installed stop signs on 7th & Main to solve a similar problem. A roundabout at 8th & Dayton slows few cars, some cars drive over it, cars turn left at the roundabout instead of circling to the right as required by law, and kids frequently skate over it. The roundabout should be removed and replaced with a stop sign. The 700 and 800 blocks of Dayton Street are unlike any other area of the City; it is both a residential street and pathway for pedestrian to/from the City's only library and community center and requires unique solutions not found in current traffic control standards. He urged the Council not to choose no action because the speeding is not that bad; not to be the Council that says the City engineers say this doesn't meet the criteria for stop signs, but to be the Council that says we need to make an exception to the City engineer's criteria and to make a safer Dayton Street. Georgia Snyder, Edmonds, a resident on Dayton Street, read a letter from her neighbors Bob and Carol Clos regarding their concerns with traffic on Dayton. Over the 19 years we have lived in our present home on 8' & Dayton, we have witness traffic growth on Dayton along with increased use of Frances Anderson Center facilities and playgrounds. During most of this time period, vehicle traffic speeds were reasonably safe and large trucks were minimal due to the poor condition of the street, a series of patches, bumps, ruts and holes that caused drivers to slow and detoured large truck to better surface streets. This changed with recent complete rebuilding of the street; now there is increased vehicle traffic, increased speeding and large trucks which exceed the street load limit and ignore the City's specified truck route, load limits and restricted zones to take advantage of a smooth street surface and lack of stop signs between 6t' and 9' Avenues. This uncontrolled traffic problem combined with the increased use for Frances Anderson Center is a recipe for disaster with someone eventually being killed. We have witnessed children running uncontrolled toward the playfield which parents deal with siblings and car seats or unloading sports gear. Kids on skateboards also use the ghost island at Dayton & 8t' as a jump or Edmonds City Council Approved Minutes July 27, 2021 Page 3 place to practice tricks with complete disregard for traffic. The community has had discussions with the Mayor and City employees regarding this life and death issue but get only unfulfilled promises and minor results. The solution is simple and not expensive; stop signs on Dayton at 7" and 8t" Avenues along with enforcing existing truck traffic rules and routes with significantly improved traffic controls and reduced chance of a fatal accident. Since the Mayor and City employees refuse to do so for obscure reasons, they asked that the City Council take all necessary action to fix the problem before someone gets killed. Brian McWhorter, Edmonds, a resident on Dayton Street, spoke regarding the lack of traffic control devices on Dayton Street between 6t' and 9th Avenues. The Dayton Street project was completed in September 2020, a mostly successful project that provided underground water utility upgrades, sidewalk upgrades and disabled access, and badly needed and greatly improved road paving. However, traffic control was either overlooked or design improperly. Since completion of the project, there are now no effective speed control devices on Dayton between 6th and 9t' Avenues, there is increased traffic volume on Dayton, the curbed traffic island on 8' & Dayton was removed and replaced with a curb -less painted ghost island that is ineffective at slowing traffic and residents were not informed that this downgrade would occur. Cars and trucks drive over the ghost island, skateboarders and bicycles use it as a jump and practice area because there is no curb. No traffic control measures were implemented on Dayton Street approaching Frances Anderson Center; 2500 cars and trucks speed by daily, many exceeding the 25 mph speed limit. It should be treated as a school zone or a 15 mph speed limit that is rigorously enforced. The existing truck route is also not enforced. The proposed solutions are simple and straightforward: install stop signs at 7' and 8' Avenues on Dayton Street intersections, install a combination of signals, traffic cushions, rumble strips and speed zones between 7' and 8' on Dayton approaching the Frances Anderson Center to reduce vehicle speeds, replace the painted ghost island with 4-inch curbed island large enough to slow traffic but still allow easy passage for emergency vehicle, restrict commercial trucks over 5 tons from using Dayton Street as a cut through and enforce existing truck routes. All the upper east -west streets in the Edmonds Bowl have stop signs between 6' and 9th Avenues, except Dayton Street. He requested the City seriously evaluate their concerns, agree there is a safety risk to Edmonds citizens, develop an effective traffic control plan and take action to implement a plan quickly. Judy Hardesty, Edmonds, asked Mayor Nelson to reverse the implementation of the online portal to report incidents of bias, discrimination and hate. Comments on MEN regarding the portal show she is not the only one concerned. The portal was not well thought out by the Diversity Commission and Council liaison Councilmember Distelhorst or by those implementing it. She provided five reasons why it was a very bad idea: 1. It is blatant government overreach, a practice one would see in a communist country that infringes on Edmonds citizens' First Amendment rights. 2. Because the portal disregards citizens' freedom and could lead to defamation of character, it opens the City to lawsuits. Reports will be subjective and biased and since anonymity is an option for the reporter, the accused may never know their accuser. She asked whether the City Attorney was consulted regarding the portal. 3. Reporting done through the portal will raise distrust of government and neighbors. Instead of uniting the City, it will create division. 4. The website was implemented without public input, yet the taxpayers are footing the bill. What is the cost of managing the portal? How much staff time? Did anyone ask staff how they feel about reviewing, logging, disseminating the so-called incidents? Has there been training about this ethically and legally compromised process? What does the City intend to do with the blacklist? What are the rights of the accused? 5. The portal and its function are an embarrassment and bad PR for the City. It was discussed on a local radio show that inferred Edmonds has a multitude of racist incidents. This is the second time Edmonds citizens have had to endure being misrepresented as racist in the press. Edmonds City Council Approved Minutes July 27, 2021 Page 4 She recalled when Mayor Nelson was campaigning, he promised to improve the quality of life in Edmonds. Instead he has made the beautiful City less livable. She urged him to do the right thing; get rid of the portal that serves only as a political tool or virtue signal and focus on positive behaviors, neighbor helping neighbor and 90%+ of the good, caring people instead of the bad eggs. The website portal takes the focus of staff, Mayor and Council away from the really important business of hiring a police chief, fixing infrastructure, calming traffic, and economic COVID recovery which benefit all Edmonds citizens. Kim Augustabo, Edmonds, said she has been involved with corporate politics for many years throughout her career but never directly engaged in City politics until the last year. She, along with many other citizens decided they had to be involved and fight the bureaucracy of poor decision making and utter disrespect for citizens' point of view. She said her comment were directed at the block of four and the Mayor. She displayed the City's 2021 org chart that shows citizens at the top. She urged Council and Mayor to keep in mind that they are elected to serve the citizens, especially when considering issues related to housing and changing or amending codes. It has become clear this didn't happen when the Citizen Housing Commission's plan was indoctrinated as it was staff -led and influenced to gain a pre- determined outcome. The 15 policies were approved by one vote to gain a simple majority and several of the policies were completely against what a majority of citizens wanted. All the citizens she knows, and she knows many, want more green and less concrete which is not what unit lot subdivision or other code amendment and zoning changes for single family zoning will create. She asked the Council and Mayor to do the right thing and listen to the people of Edmonds who would not have packed Council Chambers tonight unless there were major concerns, especially as they relate to housing and major decisions the Council will make that will impact the gem of Puget Sound as Edmonds is described in the Comprehensive Plan. Greg Brewer, Edmonds, commented he has seen a lot of changes during his lifetime in Edmonds and was very concerned about the future. He spoke against upzoning and the elimination of single family housing. Allowing ADUs, DADUs, duplexes, triplexes and 4-plexes in the single family zone will permanently change the look and feel of Edmonds. If the goal is affordable housing for the citizens of Edmonds, this is not a viable solution. Property in Edmonds is expensive and the cost of construction has soared; these dwellings would not be affordable. If these housing measures are approved, very powerful developers are waiting in the wings to exploit the opportunity. A closer look needs to be taken at how this will play out in various neighborhoods in Edmonds. Areas with large lots would see a dramatic increase in dwellings, traffic and diminished open spaces. Edmonds has met the requirement for GMA; no government agency is requiring increased density, it is Edmonds changing zoning piecemeal at times and now possibly in one broad stroke. He suggested building it in your mind, putting it on paper and modeling it; consideration needs to be given to what it will really look like before anything is approved. It's not pretty, it's not Edmonds and it will not be affordable. Kathy Brewer, Edmonds, displayed a sign "Keep Edmonds' Charm" and spoke regarding the Housing Commission proposals and upzoning. Edmonds is such a lovely special place and nowadays people come from all over to visit. She was made aware of this last Friday afternoon as she stood near the fountain handing out flyers and discussing the Housing Commission recommendations and potential upzoning and elimination of single family zoning. Approximately 50% of the people she talked to do not live in Edmonds and of the 50% that did, half weren't aware of the Housing Commission and upzoning threat. Almost everyone, whether or not they lived in Edmonds, was appalled to hear about it, saying it would be a shame to make those changes to Edmonds because they like Edmonds the way it is. Communities all around Edmonds are being ruined by upzoning, overdevelopment and other policies. People from Seattle said they are so disheartened that they come to Edmonds to escape. People visiting from other parts of the state and country including Bothell, Kirkland, Bellevue, Vancouver, Spokane, North Carolina, Pennsylvania, New York, Texas and Florida said they were delighted to discover Edmonds and its unique charm. Her brother-in-law, visiting from Oregon said, after spending a few days in Wallingford, that Edmonds City Council Approved Minutes July 27, 2021 Page 5 Edmonds is a tranquil, peaceful place. Edmonds is truly an oasis in a quickly changing, developing, chaotic region. There is no doubt that upzoning and more development will change that. Even if only a few zoning changes are made first, the floodgates will open and the powerful, overzealous developers will jump in and more and more will be allowed. Eventually Edmonds will no longer be unique or charming and will unfortunately resemble many nearby communities such as Wallingford which is sadly being ruined by upzoning. Edmonds needs to be honored and protected from developers and the destruction of neighborhoods and open space, preserve the old fashioned charm and small town feel and keep it a tranquil, peaceful place. She urged the Council to get this right; keep the zoning the way it is, preserve single family housing, maintain vegetation and trees and keep little old Edmonds an oasis for all. Lauren Seibold, Edmonds, expressed her deep concern about the new portal where citizen are essentially called to tattle on anything they deem discriminatory, hateful or biased. The understanding of those three words is extremely relative and vague. She questioned the standard that the reviewer of the complaints used to determine if an issue needed to go further. It is also relative to the person submitting the complaint. Who determines who is right and the appropriate actions moving forward? There is also the question of whether local government should be given the authority to determine the validity of a complaint, which she considered an overstep. Ultimately the portal ends in a list of people and accusations that can be accessed for public knowledge. When she thinks of Edmonds, she thinks of a kind and understanding, open environment and she did not want it to become a culture that feared being reported for something that may not be worthwhile reporting. The portal is a waste of resources that could be used for more pressing issues. Eric Dubbery, read a comment from Rod Schick, Edmonds, who had to leave the meeting. His letter addressed the new bias, discrimination hate portal just released by the City, acknowledging that any hate or discrimination is 100% unacceptable and should never be tolerated. The intent to create a portal was borne out of genuine concern but this type of portal can be seen by many as a snitching and hearsay site that will divide us and create more problems than it will solve. Edmonds is not a hateful and discriminatory City so he questioned whether having the portal was worthwhile. His concerns about the new portal included who defines or decides what bias, discrimination and hate are when incidents are reported? There are obvious ones, but what legal entity will review each complaint and confirm that it was an act of bias, discrimination or hate or if it even happened after reviewing the evidence? For example, there is a home in his neighborhood that flies the American flag and a Don't Tread on Me flag. To some, the Don't Tread on Me flag is offensive, but to others it is a Revolutionary War flag and historic expression of American patriotism and freedom from monarchical rule. With the new portal, someone could say the Don't Tread on Me flag represents hate or discrimination; at the same time the person flying the flag could accuse those filing the compliant of bias. Where does it end? Who decides? Another example is when Councilmember Fraley-Monillas in a Facebook chat referred to the people who live in downtown Edmonds as "a pack of downtown rich White people." He commented he is a White male who drives a Honda, not a yellow Corvette. What happens next when bias, discrimination or hate is reported on the portal; is the claim investigated or does it just sit there for everyone to see? Where is the due process for the person(s) accused of bias, discrimination or hate? Mr. Dubbery concluded neither Mr. Schick nor he approve of the portal. He read from the lights behind the Council dais, "justice cannot be for one side alone," commenting that's what this is; "common senses is as rare as genius," commenting common sense is rare in City leadership; "fairness is what justice really is," the portal is not fair; "the good of the people is the chief law," the electeds in Edmonds are not doing things for the good of the people, but rather for partisan interest; and "injustice anywhere is a threat to justice everywhere," this is injustice which is why so many are present tonight and it needs to stop tonight. He pointed out several Councilmembers' terms are up in the coming election and said the citizens are coming after them. Bill Herzig, Edmonds, explained he moved to Edmonds from Ballard after it became pretty much unlivable, certainly less desirable. In the last 8-9 months the Mayor and City Council have been moving Edmonds City Council Approved Minutes July 27, 2021 Page 6 fairly rapidly on a number of very significant changes to the City, many on a 4-3 vote which is certainly not consensus, including the police chief hiring debacle, disbanding the salary commission, unit lot subdivision proposal, hate portal and particularly upzoning the entire City and eliminating single family zoning. They are trying to make a large number of fairly radical changes during a time when access was restricted due to COVID. As a citizen, he felt the time when engagement was limited had been used to make these dramatic changes and avoid public input. He hoped he was wrong and also hoped that the process related to upzoning would be slowed down to get citizens more fully engaged before any of these radical changes were implemented. Joan Bloom, Edmonds, former Councilmember 2012-2015, pointed out the second paragraph of the United States Declaration of Independence begins, governments are instituted among men deriving their just powers from the consent of the governed. Recent actions have been taken without the consent of the governed. On May 3', Mayor Nelson outlined measures to address hate after swastikas were found on Southwest County Park trees; a measure to be instituted was, "park surveillance cameras. The City is researching the placement of night vision game cameras on and in trails and parks in the City. The purpose of these cameras in public areas is to deter criminal behavior and to potentially aid in the apprehension of those committing crimes. Signage would be posted at entrance and egress points notifying people using the parks that due to factors of protection and safety, those entering may be subject to surveillance." She emphasized surveillance is the cheap strategy of authoritarian and factious governments to control their citizens. A web search of China and surveillance reveals the current creepiest example. Mayor Nelson is moving forward with a surveillance plan to protect citizens from what, graffiti? The second action was announced by the City on July 19t'', a new online portal to report instances of bias, discrimination and hate. Ken Reidy questioned Mayor Nelson, Councilmember Distelhorst, liaison to the Diversity Commission, and Patrick Doherty regarding the representation that the Diversity Commission recommended this action. Mr. Doherty's response was, "the idea for the bias hate reporting portal came out of preliminary discussion among commissioners, not a formal recommendation. These discussions led me, as staff, to discuss this idea internally and we decided it was a good idea that we could implement without further ado. We simply added to the existing reporting portal on our website a new category, instances of bias, discrimination and/or hate." Councilmember Distelhorst praised this reporting portal at the July 20t' Council meeting and suggested robust distribution out to the community. To Mayor Nelson and Councilmember Distelhorst, Ms. Bloom said you don't fight authoritarian sentiments with authoritarian practices. Surveillance by governments is intimidation; bullies, gangs and hate groups practice intimidation. If those in this room employ the tactics of bullies, gangs and hate groups, they won't have to set out cameras outside this room to find them. Gerald Bernstein, Edmonds, directed his comments to the Mayor, Council and the amorphous group referred to as Staff who seem to have a great deal of authority in this community. He expressed concern with the overreach of City government on citizens; seeming to know more than they do about how to manage their lives. For example, to manage the tree crisis, they decided residents were not competent to cut down their own trees. To manage the missing middle crisis, which he felt was still missing and should be, they think the community, neighborhood design and how residents live should be changed. Then they came up with the idea of a bias, discrimination and hate reporting portal which he referred to as Fascism 101, something every dictator in the world has done including Hitler, Mussolini, Stalin, and Pol Pot where people were encouraged to rat on their neighbors, children on their parents, neighbors, friends, relatives; no one was safe and no one could say anything in East Germany because they would be in the gulag. He feared that was starting to happen in Edmonds. If this is what the Diversity Commission does, he suggested getting rid of them because they were not doing anything very useful and instead use the money to help the residents on Dayton fix their traffic issues. Bob Newton, Edmonds, said he was speak extemporaneously, first regarding traffic on Walnut Street. He acknowledged the residents on Dayton have traffic problems; but the residents on Walnut also have a Edmonds City Council Approved Minutes July 27, 2021 Page 7 terrible traffic problem. He purchased his house six years ago from the State; the woman who lived in the house, Eleanor Bonanno, a wonderful woman, was hit by a car and killed on Walnut Street. It took five years for any remediation to happen on Walnut Street which he found unacceptable. The residents want more remediation done on Walnut because there are 25-ton side dumpers and 30-ton dual axle dump trucks driving up the street and people driving 60-70 mph up the street. The residents on Walnut need help. Many of his neighbors are talking about leaving Edmonds because of the problems of traffic on Walnut. Next, he spoke about the portal, agreeing it was factious, communistic, horrible and a violation of First Amendment rights and he urged the electeds to stop it now. Elizabeth Fleming, Edmonds, thanked the previous speakers for renewing her faith in the country, commenting it was amazing because people were finally able to express their concerns in -person directly to the Council. She hoped the Council and Mayor were listening and taking it seriously, commenting this was how this country works, the people are the ones in charge, not the government. She expressed her deep concern regarding the new portal implemented by Mayor Nelson at the request of the Diversity Commission so that citizens of Edmonds can report instances of bias, discrimination and hate. She pointed out Mayor Nelson has again taken a non -transparent approach that not only infringes on individual rights but also effectively exposing the City to legal risks; lawsuits are sure to come, an expense paid by the taxpayers. Edmonds is a friendly, welcoming City and not inherently racist. Although the portal was created in the spirit of gathering data, the data will not hold any water. The information gathered through this portal will never be deemed legitimate because it will be unverifiable unless the "we" mentioned on the City's site intends to investigate or monitor individuals who are accused of non- criminal hate, bias or discriminatory incidents that are posted anonymously. Individual rights are being infringed upon, freedom of speech, equal protection under the laws as well as protections against liable, a presumption of innocence, the right to privacy and the right to defend yourself against your accuser. The 14' Amendment states, "no state shall deny to any person within its jurisdiction the equal protection of the laws." There is a system of laws in this country that most citizens abide by and that the judicial system enforces. When a law is broken, there are consequences and it is by way of impartial due process and the fair application of laws that people can trust the outcomes. The idea of giving people space to share their experiences is not a terrible one; the idea that they could report on fellow citizens and share anecdotal, perceived experiences without any verification and an unelected, lay person would determine the action to be taken in an absolutely horrible decision. The City's website says the information gathered could be disclosed if requested; she questioned why "could be" and not "will be." She questioned whether information would be disclosed and who would decide this. There are too many questions and too much lack of transparency and she feared there would be no accountability. The Mayor should put a halt to the portal until he can clearly defend its existence. Washington State Constitution states, "all political power is inherent in the people and the government derive their just power from the consent of the governed and are established to protect and maintain individual rights." Susan Hughes, Edmonds, expressed her opposition to the online portal. Her children and grandchildren all went to Edmonds schools and Edmonds has never been racist. The online portal perpetuates hate and racism. Watching neighbors is the Cuban model of social control and is what communist countries do. The Mayor and Councilmembers are telling citizens to spy and turn in their less than perfect neighbors. Just as Nazi propaganda presented by the Gestapo as all seeing all knowing group, the City Council is saying the City Staff monitoring this portal is all seeing, all knowing. In other words, they are the Gestapo and will determine who has bias. She commented bias is a feeling, an opinion, a personal judgment. The portal is creating a hate list, a list of names based on someone's opinion, a witch hunt where no crime has been committed. There are hate law and laws against discrimination. The Council and Mayor are trying to divide the people of Edmonds. Edmonds has always been inclusive of everyone; Edmonds citizens need to stand up against the communism being implemented. Edmonds City Council Approved Minutes July 27, 2021 Page 8 Roger Hertrich, Edmonds, spoke regarding the Edmonds Rescue Plan. Although he had a personal feeling about all the government money being given away and questioned when the pot would be emptied, he suggested the money could be used in the City to help citizens pay their taxes on utilities. Every City utility, water, sewer, electric, has a tax on the already big bill. Some of the money that is being distributed could be spread to all citizens to help them pay their bills especially those on set incomes. He encouraged the Council to print out a list of the subjects that citizens have spoken on tonight and schedule discussion on each of the subjects. Often citizens provide their advice and feelings to the Council and a lot of the information is forgotten and not addressed. He urged the Council to pay attention to what the people have to say. Janelle Cass, Edmonds, referred to the portal, stating that like the vast majority of Edmonds residents, she did not agree with hate and believed discrimination was unacceptable. However, it is not the role of Edmonds government to track, evaluate, log or act upon non -criminal reports. Feelings, thoughts and speech, no matter how unsavory or mean, are protected by the First Amendment and are the basis of civil liberties. Aside from being an alarming risk to public safety, implementing a process like this drains City resources. The public has a right to know if the following questions were discussed and considered before implementing the portal: Who is responsible for evaluating complaints and what are their qualifications. Do we have staff to follow through with investigations and to verify the claims? How would staff prove the accusations are true? Will social workers show up at the accused door or will a thought police be instituted which bears the question of whether Edmonds will have a thought police chief before we have a real police chief? Will the accused be provided representation and if so, who will pay for that? What is the cost and do we have the budget? What does resolution look like? What about the mentally ill, people with Tourette's, dementia and autism who say some very inappropriate things, will they too be on a list? Given the potential of City liability, the likelihood of civil rights violation and unknown implications, she urged the Mayor and Council to remove the portal from the City's website and discontinue any efforts to gather this type of unsubstantiated information about Edmonds residents. Trisha Ivilette, Edmonds, said she previously did not pay attention to what was going on in the City because she was sure that having the citizens at the top of the City's organizational chart would ensure the City Council and everyone else followed what the people want. When she started paying attention to what was going on in Edmonds, she noticed a lot of incompetence, racism, and virtue signaling, and not doing what the people want. Racism comes from the ridiculous portal. She was born and raised in Romania; half her family died in jail because people listened and said things about them. Her great uncle was killed because he was a bishop who said that certain things are true, truths the communist regime did not agree with, and is buried in a common grave somewhere. He was beatified by Pope Francis two years ago. She said the portal was awful; for example if someone does not like their neighbor and thinks they are an idiot, what happens when the neighbor repeatedly reports them on the portal and how does the other person get his reputation back? This type of thing does not stay confidential; people will gossip about it, especially in this Council where the Council President thinks the people living in Edmonds are rich White folks, which is racist. She questioned whether the citizens should ask for her resignation because what is being done is ridiculous. She asked if the intent was to have the police show up at someone's door because they said something. She was not aware of this previously but according to woke people, if someone asks about someone's accent, it's racist. She has an accent and doesn't care if someone asks her and thinks it's nice that people notice. She questioned whether microaggressions were included. She referred to Councilmember Distelhorst's comments during the debate that he has family in Mongolia and asked him if he had learned nothing from them; they live between a rock and a hard place, between China and Russia. She could not believe that he thought the portal was a good idea. She referred to the process for hiring a police chief, asking whether they had finally read the standards for hiring because a job was offered to one person, not knowing it should not be offered, then offered to someone based on skin color rather than character and now the City will be sued because the City rendered him unemployable. The taxpayers will pay for that, but Councilmembers should pay because they did it. Edmonds City Council Approved Minutes July 27, 2021 Page 9 Sue Chase, Edmonds, a resident on Dayton Street, spoke regarding Dayton Street, acknowledging the thought process and research that went into creating improvements on Dayton Street. However, even the best laid plans cannot take into account every unintended consequence that can arise once plans are set in motion and sometimes what works on paper does not translate into success in real time. Similar to when that happens in life, we pivot, adapt and make the necessary changes to ensure success. Residents on Dayton Street see and experience in real time the day-to-day results of the completed Dayton Street project. Thanks to the tireless efforts of Nancy Marsh, meticulously researched documentation has been provided that spotlights the content and context of the residents' concerns. Surely it was an unintended consequence that endangered the children at Frances Anderson Center and on the surrounding playgrounds by allowing such easy access from 9' all way to the waterfront without suitable traffic control or calming measures. Surely it was an unintended consequence to have non -emergency vehicle and trucks exceeding the 5-ton weight limit to continually use Dayton as a shortcut, in clear violation of the 2017 truck routes. She did not know why Dayton had no signage indicating these restrictions. When she was a child, she took tennis lessons but is still a terrible tennis player with really bad follow-through. Once a tennis player hits the ball, the range of motion, arc of movement must be completed or the ball won't go where you want it to go. The residents of Dayton respectful ask Council to take appropriate measures to complete the follow-through in bringing resolution and closure to the Dayton Street residents. She is an Asian American, a first generation immigrant, the daughter of a college professor who came over and attended his master's and Doctorate on the east coast, and the proud parent of a United States Marine Corp officer and she has never experienced any racism in Edmonds. Marty Chase, Edmonds, a resident on Dayton Street and civil engineer who designs streets and other things throughout Puget Sound, said when he saw the improvements on Dayton Street, he geeked out and it was fun to watch the construction and see infrastructure constructed. He thought the bulbs were great to shorten the distance, but when the traffic circle was installed, he did not think it would work and it doesn't. He applauded the efforts and the follow-up with the blinking lights, but it is still not doing the job and the City can do better. He recommended stop signs, acknowledging Public Works may have a problem at 8' because there is not enough cross traffic, but given the circumstances of the Frances Anderson Center and all the kids it is worth another look. On 71'' where there is a steep grade to Dayton and the parked cars, the distance is bad, but there is a warrant in the MUTCD that allows for stop signs due to that condition. If Public Works does not want a stop sign at 8t'', which is probably the easiest thing to do, there is a much better option for a traffic circle. He submitted a photograph and design of a traffic circle from the City of Seattle's website that has a curb but is not so large that fire trucks cannot drive around it and it has a circular ring of concrete. The plantings and sign in the middle are visual cues that people do not want to speed through or drive over. Seattle's traffic circles are a tried and true solution and their website says the cost is $20,000. He also recommended flashing digital speed signs, recalling the City did some traffic studies but not enough. The studies need to be done up on the hill where the fast traffic comes down. Adding flashing lights and rumble strips and the street would be good to go. Jane Doe, Edmonds, said she refused to give any other information because someone might be offended by what she says and report her to the government for her perceived thoughts or words and put her on the government list. She congratulated the Diversity Commission and City Staff, Mayor and Councilmember Distelhorst, who plugged this hate portal at the end of last week's Council meeting, for turning the City of Edmonds into a place where every citizen now may live in fear of their neighbor putting them on the list. It is unknown what the government is doing with this list or where it goes. She asked Mayor Nelson who sees the list? Who exactly determines someone else's intent or bias? How do we know that person isn't biased as well? How do we know these stories are factual? Recently a business in Edmonds was ruined because someone was falsely identified on a TikTok video. She recalled when Edmonds government and the Diversity Commission went after a private business once before over their biased interpretation of hate. She asked whether this is what residents should expect from now on? Is this the new normal for Edmonds City Council Approved Minutes July 27, 2021 Page 10 Edmonds? If an anonymous person says I looked at them wrong or doesn't like a sign in my yard, will a random staff person show up at her door? Will it be the police or the Diversity Commission or who? Will we need to hire attorneys to defend others' interpretations of our thoughts and words? Will there be due process before being put on the list or is a citizen guilty before proven innocent? Will the government be liable if a records request turns up my name for looking funny at my neighbor and someone decides to retaliate for that anonymous reporter's interpretation of hate? Will the taxpayers be liable when a class action lawsuit is filled with Edmonds for this portal? Her understanding is that staff implemented the portal and she questioned whether they were running the City and whether this was ever discussed at a Council meeting? The fact that it is still up strongly indicates the Mayor is complicit with this portal. She asked the Mayor to take action to remove the portal and she encouraged the Council to pressure him to do so. John Gradwohl, Edmonds, a resident on Dayton Street, explaining he moved to Dayton in time for the construction. In meeting his neighbors to discuss this issue, he found it refreshing that no one complained about parking, the activity at Frances Anderson Center, etc., the only concern is safety for kids. He questioned what the drawback would be to installing a couple stop signs. He timed his drive, pretending there were stop signs, and found it added 10 seconds to his commute. The cost of two stop signs is immaterial, they should be installed because there is no drawback and it improves safety for kids. There are people coming and going to Frances Anderson Center all the time. People from out of town use Google Maps; the fastest way into downtown Edmonds is Dayton. He urged the City to put in stop signs and make everybody happy. Lisa Green, Edmonds, said most if not all Councilmembers including Mayor Nelson promised to keep Edmonds, Edmonds aka maintain the charm of Edmonds. She asked them to honor their campaign promises and vote against any blanket upzoning of single family lots. She also encouraged them to take a field trip to Ballard, Redmond, and Kirkland for a closeup view of what we do not want in Edmonds. She also encouraged them to look at the housing prices and see if it is affordable. She implored them not to Ballardize Edmonds. [no name given], commented there is a cancer in the City and the cancer ignores what citizens have to say. The cancer doesn't have ears, thinks they are elite, they are woke, they are White, but they hate the White people of the Bowl in Edmonds because they're the problem. Many people moved to Edmonds not because of the color of people's skin but for the beautify of the Puget Sound and the northwest; skin color had nothing to do with it. The cancer in Edmonds threatens business owners if they don't put Black Lives Matter signs in their windows, erected a portal based on their pride and that they are so White that they will bend the knee to Marxist Black Lives Matter because they love Black Lives Matter which is a Marxist communist organization that has invaded the City. She suggested developing a subcommittee that would question citizens regarding what they consider to be a crime against Edmonds neighbors. People in this elite cancer group have forgotten what it means to be a neighbor because they are so full of themselves. The subcommittee could do its own investigations and find out how business owners have been threatened by the Black Lives Matter people and find out whether these cancer -elite groups will put a target on their backs. She invited anyone interested in such a subcommittee to contact her after the meeting. John Zimmerman, Edmonds, a resident on Dayton Street, said the homeowners on Dayton Street need help. They are the City's best witnesses to the traffic speed and conditions on Dayton Street. They do not have anything to gain and they don't always agree but they try to be objective when discussing how to make Dayton Street safer. One thing they have a consensus on is cars travel too fast and there has been an increase in truck traffic since the new infrastructure was completed. Homeowners on Dayton are saying to leaders that unless the changes they are asking for are implemented, there is a risk of something tragic happening, it is only a matter of when. A very critical area between 8" Avenue and 7' Avenue on Dayton Edmonds City Council Approved Minutes July 27, 2021 Page 11 is the load and unload zone starting at about the amphitheater heading west to 7t' Avenue, approximately one third of a block. To make it safe, the posted speed between 7' and 8t1i Avenues needs to be reduced from 25 mph to 15 mph. There are times when cars are parked on both sides of Dayton Street, tired parents are dropping off or picking up their impulsive children and at the same time traffic traveling east - west with a speed limit of 25 mph. He has driven at 20 and 15 mph and 15 mph is much safer in such a critical area. Unless this precaution is taken, it is only a matter of time until a serious accident occurs. If 25 mph is the speed limit, cars often travel 30 and 35 thinking they are being cautious and within the law. Just yesterday while walking his dog next to the entrance to the Main Street Kids Daycare, a Community Transit bus went by in excess of 25 mph. The bottom line in his opinion was primarily a lack of enforcement. Even with signs, there needs to be more police presence, whether speed enforcement or most recently truck size route enforcement. The message needs to be if you don't follow the posted speed you will someday get a ticket. He knew of three streets that have a reputation of strict enforcement where the police routinely work those areas. He asked who had the power to decide a safe speed limit and once decided, who has the power to post the speed limit signs? He recognized government and the decision - making process was slow and urged the Council to take what they heard tonight and try to make good decisions. Elected officials are elected for good reason and he trusted there will be some additional changes on Dayton Street. Ken Reidy, Edmonds, thanked his fellow citizens for attending the meeting and urged the Council to listen and respect all citizens. He urged the Council to adopt the new Council rule that citizen voices are the last voices heard before Council makes decisions. Citizens are at the top of the City's organizational chart; City Council represents citizens, not the Mayor, Staff or City Attorney. During last week's City Council meeting, the Council voted unanimously to postpone consideration of a resolution adopting new Council rules to the next meeting. The City code states in the event the City Council is unable to complete its agenda on any Tuesday, it may recess the meeting to the immediately following Wednesday at the same time/place as the commencement of the meeting for which the agenda was incomplete. He questioned why the Council never met on Wednesdays to keep from falling behind. Despite last week's unanimous vote, new Council rules are not on the agenda as Unfinished Business and he questioned why the Council's legislative will was not being respected. The Council President and Mayor often confer after an agenda has been approved by Council and decide on their own that an approved agenda item will be addressed at a future meeting. He asked the Council to take steps to ensure that conduct stopped immediately. He read the duties of the Mayor from the City code, the Mayor shall be the chief executive and administrative officer of the City in charge of all departments and employees with authority to designate assistants and department heads. The Mayor shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the City and shall have general supervision of the administration of City government and all City interest. He pointed out "shall" means mandatory; the code has not been updated since 1993 related to the Mayor. The related state law was updated in 2009; one additional mayoral duty is to see that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed. Edmonds citizens have witnessed the Hearing Examiner contract expire twice in recent years with no one at the City noticing. In both cases, the Hearing Examiner continued to conduct hearings after their contract expired. This went on for 10 months the first time; contract expiration was only addressed after citizens brought it to the attention of City officials. He questioned what happened when the Mayor did not do their duty; whether the City Council ever stepped up and represented the citizens in this situation? He suggested the Council ensure there was really three branches of City government. Doug Backous, Edmonds, said he spends about half his day operating on people from multiple ethnicities who are unable to pay. He pointed out there are a lot of citizens who want to work with the City government and see an untoward consequence of it becoming us versus you. Although he respected Councilmember Fraley-Monillas' opinion, she should not represent him as racist. If she wanted to represent herself as a racist, she was free to do so but she should not speak for the rest of the citizens or Edmonds City Council Approved Minutes July 27, 2021 Page 12 for him. He agreed with not endorsing hate but as previous speakers have said, the method is bad and is a bad visual when represented by the appointed White guy on the City Council. He suggested putting your money where your mouth is and offered to pay for the first stop sign on Dayton and promised to drive 15 mph. He wanted to work with the City and urged the Council not to draw a line tonight between the City Council and citizens but to work together. Rebecca Anderson, Edmonds, said she was grateful to live in Edmonds and to live in a country where she has the opportunity to publicly address elected officials, especially when she disagreed with the actions they are taking on behalf of the residents they promised to serve. She encouraged each person to take a moment to realize what a beautiful, unique and amazing City Edmonds is today, the parks, the beach, the beautiful foliage, the different neighborhoods, friendly people, charming downtown, many great restaurants scattered throughout the borders, every inch of Edmonds from Picnic Point to Lake Ballinger makes Edmonds what it is. Whether a resident has been here all their life or moved here recently, she was sure all would agree that living in Edmonds was a blessing, not perfect, but it is home. It is important for residents to take time to be involved and tonight spoke volumes. It means paying attention to the local government, speaking up when the Council and Mayor are not taking Edmonds in a direction that will maintain or cultivate what makes Edmonds a great place to live. It means continuing to speak up until the residents get the electeds' attention which she hoped was accomplished tonight. It means carefully vetting those running for Council and Mayor because once they are sworn in, we all get who the majority voted in for four years whether they are serving Edmonds well or not. It means having the courage to take action to encourage others to get involved because Edmonds is our home. Right now the beautiful City is in trouble; the City does not have a permanent chief of police, it has already been 18 months. Public safety is foundational for a city to thrive; look at the mess Seattle is in. Unfortunately there is a majority on Council who because of their own agenda were willing to overlook character flaws in a candidate and now more tax dollars are being unnecessarily spent in the process. She told three new neighbors who moved here from Seattle in the last three months that if they like Edmonds now, they need to get involved because the decisions the Council and Mayor are making now will greatly affect how Edmonds looks in the future. She lived in Edmonds for over a decade before she began paying attention to City government three years ago. The residents of Edmonds are at the top of the City's organizational chart, elected officials are supposed to serve the residents, but if residents are not paying attention and impressing on the Council and Mayor to serve Edmonds well, resident have no one to blame but themselves when Edmonds morphs into something they did not want it to be. Local government is not a set it and forget it exercise, but a garden that needs to be tended regularly. She encouraged residents to stay involved and be vigilant with regard to the Edmonds we know and love. Outside interests and partisan lobbying groups have zero interest in what citizens of Edmonds desire. They don't live or work here and are not Edmonds. Linda Ferkingstad, Edmonds, commented on the tree ordinance the Council passed in March and April 2021. Councilmembers open every meeting with the Pledge of Alliance and swore to uphold the United States Constitution when they took office. The tree ordinance requires the planning department to violate the 5th and 14' Amendments takings clause of the constitution with an illegal taking of the worth of property. It forces property owners to pay twice for their property before incurring the cost for removing the trees and stumps to build homes. It charges single family residential zoned property owners for 100% of the worth of their timber plus the carbon footprint of the trees needing removal even when meeting the 30% retention requirement unless the property owner is able to save 50% of their trees. Most properties to be divided have high tree densities and steep terrain where the buildable areas have the most trees. Most are very near to the 300+ acres of densely treed City and County parks. The tree ordinance is discriminatory, 100% tax or fees on trees applies only to those building for future homeowners, not to existing homeowners as was originally planned. The illegal charges raise housing costs and will force builders to retain trees that block natural light and views and could endanger the safety of new homes with falling branches or trees. Trees are beautiful but they can also be dangerous. The tree ordinance Edmonds City Council Approved Minutes July 27, 2021 Page 13 violates the GMA which states private property shall not be taken for public use without just compensation having been made. It also states the property rights of landowners shall be protected from arbitrary and discriminatory actions. The tree ordinance also violates Edmonds Comprehensive Plan which states any growth or development should strive to preserve for itself and its neighbors the following: light including direct sunlight, private, public views, open spaces, shorelines and other natural features. Each and every development application shall comply with the Comprehensive Plan. Washington is the second largest timber exporter in the U.S. and has over 125 years of sustainable, successful timber harvesting. It is hypocritical to force Edmonds property owners to retain or pay for trees when each year enough lumber is exported from Washington to build 500,000 2,000 square foot homes. She urged Councilmembers to restore the rights of Edmonds citizens, property and business owners and refrain from overburdening them with regulations, taxes, fees, parking problems and charges that impeded accessibility to businesses and homes. Natalie Seitz, Edmonds, commented on trees, stormwater and equity. The City Council engaged in a robust stormwater discussion last week and she shared a suggestion she provided the Planning Board on June 23'; the city should adopt a surface water fee structure that compensates property owners at least equal to the stormwater benefit provided by trees. Trees are a third method for managing stormwater which is traditionally thought of only in terms of surface and groundwater quality standards. If stormwater becomes surface water runoff, it generally requires treatment for metals and petroleum products prior to discharge. A recent focus in this area is 6PPD which has been identified as the cause of coho die offs. Conversely, if stormwater is infiltrated into groundwater, it has significantly lower water quality requirements but infiltration is not feasible in many cases and can cause drainage issues such as increased crawlspace water and sump pump use for affected residents. When there is infiltration at the top of a slope, often the downhill neighbor's property will become wet. Geotechnical analysis conducted for development does not have the certainty to know where impermeable layers surface and where water will go. A third option is trees which intercept water in the canopy as well as remove water from the ground through transpiration. Trees can effectively grow anywhere in Edmonds and can be a key component to addressing additional capacity needed resulting from climate change. Proper incentivizing means showing property owners on their statement that their fees are significantly lower due to trees on their property and will foster a positive relationship between homeowners and trees, rather than the negative relationship the City is currently pursuing. It will also be equitable and consistent with the Urban Forest Management Plan. The City should consider stormwater code updates and recovery act funds to incentivize trees as a form of stormwater management. With regard to equity, she provided a list of City decisions that violate the parks planning process toward inequitable and institutionally racist results. The plumbing for a small restroom at the 0.51 acre Mathay Ballinger park, the only City park serving that community, was deemed too expensive while a $5M overrun for the Civic Center Park was acceptable. For years the City has redirected funds from the SR-99 commercial corridor to downtown neighborhoods, failing to invest in the community and address critical social and public health issues created by the roadway. The concentrated public investment in downtown neighborhoods has resulted in a lot of parks, sidewalks and public infrastructure, with ready access to downtown Seattle via the Sounder train, ideal for growth. She acknowledged growth will happen, but asked if it was fair to take the commercial and residential taxes from SR-99, the money making machine corridor, for the benefit of the Bowl and expect the SR-99 corridor to absorb growth. Denise Cooper, Edmonds, thanked the citizen who showed up to speak for the community. She has watched the City grow and her family in the early 70s was part of that growth. She acknowledged trees were lost due to storms, safety and disease and the free will to change the landscape on private property. With growth in the community came land development and trees had to be removed. The City granted those building permits and knew what was happening. She suggested the City plant more trees in parks and encourage planting on Arbor Day but infringe on her rights as a homeowner or charge her fees on top of the expense of managing her property. She did not support ADUs in her neighborhood. Many Edmonds City Council Approved Minutes July 27, 2021 Page 14 communities have done that under the pretense of use for kids or aging parents when very few will be family occupied, most will be rental properties. She lives in a residential neighborhood with several rentals on her street. Some of the rentals are well kept, some have been fabulous and some have not. When someone owns a home, the standard of care for the home and neighbors is usually more caring and responsible. She recommended not changing family neighborhoods which have been a safe place to raise families. All are welcome, there is a diverse community, but leave our family zoning in place. With regard to the portal, communist countries during WWII and the Nazis encouraged children and adults to report anything or anyone not in line with the Gestapo or Hiders beliefs. The portal created by the Diversity Commission where supposed bias, hate or one-sided claims can be made public is irresponsible and dangerous for citizens. There is free speech in America; most teach their children how to present themselves at home and in the community. People have said things in this community on Council and on the Diversity Commission that made her feel fearful or upset; she could use the portal, but preferred to use her voice in the town, at Council meetings and with her neighbors. Those responsible for the reporting hate portal, the Diversity Commission, Patrick Doherty, and Councilmember Distelhorst, who supported the idea and are responsible for its creation, should hear citizens condemn these actions. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 20, 2021 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM JUAN CASTENEDA MIRANDA & JEAN KOVATOVICH 4. MOTION TO POSTPONE CONSIDERATION ON A RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE 5. AWARD CONSTRUCTION CONTRACT FOR PHASE 2 STORMWATER REPLACEMENT PROJECT 7. PUBLIC HEARINGS 1. PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION TO APPROVE AN AMENDMENT TO CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC Acting Development Services Director Rob Chave explained this is a follow-up to an interim zoning ordinance the City Council adopted in December to streamline the process of approving outdoor dining related to restaurants. The ordinance added specific criteria to the code and removed the requirement for a conditional use permit (CUP). A CUP takes upward of three months to approve at a substantial cost. While working within COVID restrictions, restaurants were having difficulty making their businesses viable. When the Council adopted the ordinance it was felt the CUP did not do much beyond the specific requirements, it only provided a public process. After the ordinance was approved, it was referred to the Planning Board to consider whether it should be permanent. The Planning Board looked at the ordinance and its provisions and agreed a CUP was not necessary. The only technical thing the Planning Board did was to combine the last two sections of the ordinance into a single section. Edmonds City Council Approved Minutes July 27, 2021 Page 15 Mr. Chave referred to an error pointed out by Councilmember Olson that "of' was mistakenly removed in 17.75.020; the sentence should read, "...in accordance with the terms of this chapter." If the Council agreed to eliminate the requirement for a CUP, he recommended relocating Paragraphs 4 and 5 in 17.75.010 further down in ordinance as those are intended to be conditions of all dining approvals. Chapter 17.75.010 states one of the following provisions is necessary and what follows are Paragraphs 1, 2, and 3. That was the way the Planning Board understood it and it was a technical correction that could be made following the public hearing and included in an ordinance that will be returned to Council for approval. Councilmember Olson observed there were some that were under the impression that this ordinance included streateries; it was her understanding that it does not. Mr. Chave confirmed it does not, this ordinance is related to outdoor dining that occurs on private property. Streateries are located within the right-of-way. Councilmember Buckshnis relayed a question brought to her attention, if an establishment has a parking lot and they decide to turn it into outdoor dining, is that acceptable. Mr. Chave answered it depends on the zone; if parking is required in the zone, that would not be allowed unless there was excess parking. Councilmember Buckshnis said she was referring to the zone where Walkable Edmonds is located, one of the BD zones. Mr. Chave explained the BD zones downtown do not require onsite parking for commercial uses. He recalled 1-2 restaurants downtown have converted parking areas to outdoor dining. Councilmember Buckshnis said Fire & the Feast was brought to her attention. Mr. Chave said a lot of restaurants downtown do not have parking areas. Many restaurants take advantage of bistro dining or, more recently, the streateries. Outdoor dining for many downtown businesses would be problematic as restaurants want it in front of the building, not behind. There are exceptions; Walnut Coffee for example as a fairly substantial parking lot, probably more than they need, and they may be able to take advantage of outdoor dining. Councilmember Buckshnis concluded streateries fall under outdoor dining, but it is a separate ordinance. Mr. Chave agreed this chapter had nothing to do with streateries. Councilmember K. Johnson referred to Chapter 17.75.010.A.5 which states, all dining area adjacent to vehicle parking shall be separated by landscaping, curb stop, wall or other suitable barrier, and Chapter 17.75.010.A.5 states dining area must be screened from adjoining residentially zoned property(ies) by a building and/or a four -foot wall, hedge or solid fence. She asked why the two screening requirements were not the same. Mr. Chave said the way the original ordinance was structured, in 17.75.010, in order for outdoor dining to occur, at least one of the following criteria had to be met, 1) The site is not directly adjacent to any residentially zoned property(ies), 2) The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the property line(s) directly adjacent to residentially zoned property(ies), or 3) The dining area is screened from adjoining residentially zoned property(ies) by a building and/or a four -foot wall, hedge, or solid fence. He reiterated Paragraphs 4 and 5 do not belong in that list and are conditions of any approval and should be relocated further down in the ordinance. Councilmember K. Johnson agreed. Mr. Chave said the Planning Board understood while they were reviewing the ordinance that that was how the ordinance was intended to read. Councilmember K. Johnson pointed out there are a couple restaurants near Five Corners that appear to have dining areas adjacent to vehicle parking, areas that are just screened and not permanent. Mr. Chave said he was not familiar with the situations she was referencing. It was possible they could have been approved previously, but if they do not adjoin a residential areas, they are not required to have landscaping or other more permanent screening. Edmonds City Council Approved Minutes July 27, 2021 Page 16 Council President Paine asked where Sections 4 and 5 would be inserted. Mr. Chave answered it could be under D or a new section. It will need to be clear that those sections apply to all outdoor dining situations. Staff will consult with the City Attorney regarding the best way to phrase that. The provisions would remain as stated, they would only be relocated. Councilmember Buckshnis observed Westgate Mixed Use was added, recalling there was a lengthy planning process for that area that included looking at the parking. She relayed a question why outdoor dining would be considered in Westgate when it is so congested and dense. Mr. Chave answered Westgate is intended to be a walkable, multiuse center and to look a little different than it does today with more internal circulation, more pedestrian activity, etc. It seemed like an omission not to include Westgate in the outdoor dining provisions. Outdoor dining in this region will be seasonal, not year round. Unlike downtown, Westgate has commercial parking requirements which would remain unchanged. He did not think it appropriate to require parking for a use like outdoor dining which is a seasonal use because that encourages more pavement, heat island effects and would be counter to what the City is trying to do with more sustainable development. Councilmember Buckshnis agreed with Westgate as walkable area, noting that transition has not occurred and it is unknown what will happen with the Bartell parcel since they sold. Parking continues to be a concern with a lot of citizens. She questioned where outdoor dining could occur due to the density, other than PCC which has outdoor dining. She relayed another question about enforcement that does not appear to be occurring . Mr. Chave said complaints or something out of compliance would be handled by code enforcement. Councilmember Buckshnis referred to Section 17.75.010.A.5, commenting there are areas in Five Corners where there is parking and outdoor dining occurring in the parking lot which although separated, could cause problems. Mr. Chave answered staff is aware of a few situations where outdoor dining has been established without permits and plan to follow up on those this week. Mayor Nelson opened the public participation portion of the public hearing. Ken Reidy, Edmonds, said the agenda packet for this item fails to include his public comment submitted for this public hearing when it was scheduled for June 22, 2021 and he urged the City to stop providing incomplete agenda packets. Ordinance 4210 passed by City Council on December 15, 2020 states pursuant to RCW 36.78.390 this interim ordinance may be adopted on an emergency basis without first holding a public hearing; however, the same RCW requires the City Council hold a public hearing on an emergency interim ordinance within at least 60 days of adoption. A public hearing for this interim ordinance was required by February 13, 2021; it is far too late to be having this public hearing. He requested the City inform all those impacted by the Council's failure to hold a public hearing on Interim Ordinance 4210 within at least 60 days of adoption. He questioned what happened now; how many zoning code violations have taken place and are taking place, how does this happen who is responsible and is there ever any accountability for anything at City Hall? The City has done this before; on March 17, 2015, Council passed Interim Ordinance 3992; 77 days later the public hearing was held on the June 2, 2015 agenda. City staff claimed the mistake was due to an oversight. Former Councilmember Bloom abstained from the related vote due to her concern that it was not brought to Council before the 60 day deadline. Councilmember Fraley-Monillas acknowledged that errors were made by staff, but that staff was putting procedures in place to avoid it occurring in the future and as it served no purpose to vote against the motion. The purpose of voting against the motion was because the 60 day time period allowed by the law had been missed. This has been a concern of his for years; where is the leadership that is willing to step forward and simply require that the City follow all its laws and ordinances? He questioned whether that was the Mayor's duty and why wasn't the type of integrity exhibited by former Edmonds City Council Approved Minutes July 27, 2021 Page 17 Councilmember Bloom on June 2, 2015 seen more often. Although procedures were supposed to have been put into place to avoid this happening again, this time it has been 224 days rather than 77 days. Hearing no further comment, Mayor Nelson closed the public hearing. Councilmember Buckshnis asked City Attorney Jeff Taraday to address Mr. Reidy's comments. She referred to the language in Section 3 that the ordinance sunsets after 180 days and asked whether the ordinance had already sunseted if it had been 277 days and should there be a new ordinance or a replacement ordinance. Mr. Chave explained the original ordinance was an interim ordinance and it has expired. The Planning Board looked at the original ordinance and made a recommendation for a new ordinance. The intent is an ordinance to make these provisions permanent. He agreed the interim ordinance had sunseted. If the ordinance is brought back for Council approval, it would be an entirely new ordinance. Mr. Taraday agreed. He could not comment on the 60 day hearing requirement as he would need to check whether a hearing was held and if one wasn't held, he did not know why it wasn't. Councilmember Olson relayed her understanding that the intent of this new ordinance was to make the interim ordinance permanent, but in fact this a new ordinance. Mr. Chave responded it would make the provisions in the interim ordinance part of the permanent code. Councilmember Olson suggested Mr. Taraday provide input to Council this week to ensure the hearing was done properly. Mr. Taraday asked if she was requesting he do fact finding and report back to Council. Councilmember Olson said she wanted to ensure when the Council votes on this ordinance, that it was done in compliance with the law. Mr. Taraday clarified the ordinance the Council would be acting on is not an interim ordinance, it is a permanent ordinance. The Planning Board reviewed the provisions that are being recommended to Council so there would not be any issue with the permanent ordinance which has gone through the normal process for any permanent change to the zoning code. Any permanent change to the zoning code goes to the Planning Board first, then to the City Council which is exactly what happened. To the extent that there was an issue with the interim ordinance, that ship has sailed and there is nothing that can be done to fix it, but it has no bearing on the proposed permanent ordinance before the Council. In other words, the issue raised by Mr. Reidy relates to the validity of the interim ordinance, but has no bearing on the validity of the permanent ordinance. Mr. Chave said the Planning Board used the interim as a starting point or example when crafting a permanent ordinance. Mr. Reidy was referring to the process for adopting the interim ordinance, not the process for this ordinance. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL CONSIDER THIS POTENTIAL NEW ORDINANCE AT THE NEXT AVAILABLE CITY COUNCIL MEETING. Councilmember K. Johnson said due to the late hour and the fact that there is another public hearing on the agenda, the Council should take up the content of this item next week. Council President Paine said she was unsure there would be time on next week's agenda. Councilmember K. Johnson said the motion was the next available City Council meeting. Mr. Chave said staff may be able to have the ordinance in final form when the Council considers it next. Councilmember Buckshnis asked if another public hearing should be held since the interim ordinance had expired. Mr. Chave answered this is the public hearing on the permanent ordinance; the ordinance in the packet is an underline/strikeout of the permanent ordinance. Councilmember Buckshnis observed there is an expired ordinance, Ordinance 4210, and draft of the new chapter. She reiterated her question whether a new public hearing needed to be held on the new ordinance. Mr. Chave said the Council's recommendation would be to direct the City Attorney to prepare a permanent ordinance. Staff is taking the next step in preparing the ordinance so the Council could make any amendments. He summarized the ordinance does not require a new public hearing. Edmonds City Council Approved Minutes July 27, 2021 Page 18 MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO EXTEND TO 10:20 P.M. Councilmember Buckshnis asked whether a decision had been made to remove New Business Agenda Item 8.1. Mayor Nelson advised there had been no discussion. Councilmember Buckshnis observed 20 minutes was not enough time for that agenda item. Councilmember Fraley-Monillas pointed out the next public hearing is 45 minutes and the New Business item is 60 minutes which would take the meeting to approximately midnight. She did not think the Council generally made the best decisions that late at night. She suggested taking a break to make a decision on the New Business item. Not wanting to cause further delay, Mayor Nelson said the motion to extend 20 minutes addressed the length of the meeting. MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING REGARDING PRIVATE CODE AMENDMENT TO ECDC SECTION 20.75.045.11, ENTITLED UNIT LOT SUBDIVISION - APPLICABILITY Senior Planner Mike Clugston explained the Council looked at this several months ago. A private applicant has proposed to add the downtown business zones to the areas in the City where the unit lot subdivision process can be applied. It currently can be used in multifamily zones, the Westgate Mixed Use Zone and the General Commercial District. The applicant would like to use it specifically on a parcel he is developing on 5t' Avenue South, but it would apply to all BD zoned properties. The unit lot subdivision process has been around since 2017 and used several times and the development community seems to like it. Unit lot subdivision provides an alternative for ownership of townhome type projects by allowing fee simple ownership of townhome buildings. Following a public hearing, the Planning Board recommended approval of the amendment to allow unit lot subdivision in the BD zones. If the Council agrees, the City Attorney could be directed to prepare an ordinance. Councilmember Buckshnis said she has received a lot of questions from citizens and she feared due to the late hour, people had left the meeting. She suggested continuing the public hearing due to issues related to this upzone. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO CONTINUE THE PUBLIC HEARING TO THE NEXT MEETING. Council President Paine advised the next available date is August 17t'' City Attorney Jeff Taraday commented while it was certainly okay to continue the public hearing to allow additional public comment at a future date, because it was noticed as a public hearing tonight, he recommended allowing the public to speak tonight and then continue the hearing. Councilmember Olson commented there was a very clear passage in the packet about whether parcels could be combine and therefore have the setback on the combined parcels versus 4 or 6 sides. The packet clearly states that is not the case; but she questioned if that could be done prior to development. Mr. Clugston answered like condominiums, unit lot subdivisions have CC&Rs and HOAs that govern their operation as well as a final plat that shows division of the land. While in theory one owner could buy 2-3 adjacent townhomes, they could not apply to do something with the land that was not in accordance with the HOA and the CC&Rs. Edmonds City Council Approved Minutes July 27, 2021 Page 19 Councilmember Distelhorst said he heard someone mention upzoning and wanted to clarify that. Mr. Clugston answered this is not an upzone. It is just a process where a subdivision could be done on top of a project that has already been approved. For example, the project goes to the Architectural Design Board (ADB) for review and approval. The project then applies for building permits which staff reviews to ensure they are consistent with the code. After that happens, the developer could apply for unit lot subdivision to drop property lines on those townhome walls. Councilmember Distelhorst clarified there is no change in density, etc. Acting Development Services Director Rob Chave explained the existing density would control the density on the property and this is not a change in the zoning. Councilmember Buckshnis said it could be called as one wished. She misspoke but in her opinion, if a condominium project is allowed to add another floor or a business below, it was adding a commercial and residential use in one place that would have been a condominium which she believed was increasing density. Mr. Clugston said that is not technically correct for sure. Councilmember Fraley-Monillas agreed with continuing the public hearing, commenting there were people here that wanted to speak on this issue but may have been overwhelmed by the number of people speaking. There has been a lot of discussion regarding this and the Council needs to consider it very carefully and be crystal clear about what is occurring. She commented there has been some information provided that may not necessarily be accurate. Councilmember L. Johnson asked how many times citywide there has been an application for a unit lot subdivision. Mr. Clugston answered 5 times since 2017 or approximately one a year. Councilmember Olson raised a point of order, that there was a motion on the floor to continue the public hearing. MOTION CARRIED UNANIMOUSLY. Mayor Nelson opened the public participation portion of the public hearing. John Hoag, Edmonds, spoke in opposition to the unit lot subdivision code amendment. A member of the Economic Development Commission, he was speaking only as a private citizen. He expressed concern about the consequences of the code amendment on the commercial space in business zones in Edmonds. The amendment further expands and changes the current code to emphasize housing over commercial space, instead of C for commercial and h for housing, it turns the incentives on its head, H for housing and c for commercial as an afterthought. For proof, he referred to the project at the old Baskin & Robbins/Curves site, the template for these approved zones. Expansion of this code amendment into the BD (Business District), OR (Office Residential) and Firdale Mixed Use will further erode commercial space set aside for business expansion or new businesses and could stifle business recruitment in the City. If the City truly wants work/live in Edmonds, the City should stop prioritizing housing at the expense of commercial space. He questioned. 1) how does reducing commercial space and the footprint increases the economic vitality and diversity of the business district in Edmonds, 2) where locally has this worked in the area, where is the data, and 3) if this isn't such a big code change why change it, why expand it? Ken Reidy, Edmonds, said the agenda packet for this item fails to include his public comment submitted for this public hearing when it was scheduled for June 22, 2021 and he urged the City to stop providing incomplete agenda packets. When he was unable to find the City code section yesterday that governs applications for this type of thing, he asked and was advised by staff that application requirements for Type V legislative decisions are found in ECDC 20.02.002. He read the application requirements in ECDC 20.02.002, a verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant or that the applicant has submitted the application with the Edmonds City Council Approved Minutes July 27, 2021 Page 20 consent of all owners of the affected property. The property owner's authorization section at the bottom of this application, contained on age 125 of the Council packet, is incomplete and not signed. The owners of the affected property have not consented to this application. This application isn't even for a property address or a location. The application claims it applies throughout the BD zones. He questioned whether the applicant had exclusive ownership of all property located throughout the BD zone and if not, why this application was accepted. The code also states that within 28 days after receiving a application, the director shall mail or personally deliver to the applicant a determination about completeness of the application which he did not see in the Council agenda packet. He questioned how this application got to this point without anyone noticing something so obvious. The City code allows parties to apply to amend the City code if the application is proper and complete. He hoped the 2021 City Council would immediately adopt legislation preventing City staff from attempting to expand code text amendments beyond the property address that the application relates to. Kathleen Rapp, Edmonds, said she has given unit lot subdivision a lot of thought and done a lot of research and thinks they are horrible because they put the owner at risk with shared walls and a fee simple lot which doesn't work if there is leakage. Staff was willing to sell out Edmonds for $7,780 on October 15, 2020 by putting a text amendment that applies unit lot subdivision in BD zones. She agreed there was no owner signatures on the application. Unit lot subdivision is very dangerous, produces poor housing, and a very small footprint that goes up three stories with shared walls, roofs and foundations. She referred to the building collapse in Florida and a CNN article that states the reserves for over 30% of townhouse, condominium, rowhouse HOAs are 30% of what they should be. She also learned staff does not review the CC&Rs, noting CC&Rs are critical in any shared complex whether they have walls or rowhouses. Michelle Dotsch, Edmonds, President, Alliance of Citizens for Edmonds, said the applicant is attempting to construct 14 units of townhouses at the old Baskin & Robbins site. In his presentation to the Planning Board an important piece was not disclosed to help them have full knowledge of this proposal to widen the allowance of the unit lot subdivision process from just this one potential projected to now include the entirety of the Edmonds downtown commercial core and potentially and future multifamily properties in Edmonds. In the BD zone, developers are required to retain a tiny portion, 5% for open space. With a permitted use of condominium construction in the BD zone with commercial below, it is very difficult to cut up the lots to allow them to be further subdivided as is the case with unit lot subdivision. This loophole was not disclosed to the Planning Board by staff, making unit lot subdivision a very different use in the BD zone, let alone through any future multifamily zoning in Edmonds. An important qualifier at the ADB presentation for the unit lot subdivision request was left out of the Planning Board public hearing as well as tonight. The intent of the code is for open green space to be included for any development in the BD zone. "With a project area of 17,160 square feet, 858 square feet of open space is required. However, if a lot line is created, the project would then consist of two lots that are each less than 9,000 square feet. In that case the 5% open space requirement would not apply. The applicant intends to obtain subdivision approval to create that lot line which is proposed as a condition of design approval. If the subdivision is approved, the open space requirement would not apply." Considering all the environmental impacts the Mayor and City Council have identified as their number one priority, this developer along with planning department staff will be pushing for this project and potentially future projects to not even include a 5% open space police requirement. She questioned why the City would give that away so easily. There may be only three street trees on this pro -developer template, the rest will be permanently paved over. Unit lot subdivision are extremely profitable for investment banks, developers and real estate flippers who are encouraging the Council to allow this use all over Edmonds. She encouraged the Council to ask good questions, take time to consider the impacts, look at open space requirements as all the Housing Commission proposals are brought forward which should have been included and not backdoor/piecemealed in this way. Unit lot subdivisions have already been completed in Edmonds through staff decisions and all have clear-cut the lots, most taking 2 lots to create 14 units without almost zero lot line to zero lot line impervious surfaces in those developments. She urged the Edmonds City Council Approved Minutes July 27, 2021 Page 21 Council to deny this application until further study is done to determine how unit lot subdivision developments damage the environment. More concrete and less green is not what Edmonds is striving to prolificate. Janelle Cass, Edmonds, a local business owner in downtown Edmonds, urged the Council not to allow this change to the BD zone, commenting it would be the final nail in the coffin to a lot of small businesses. Small businesses cannot compete with developers putting in high end, expensive housing. She is on the Chamber of Commerce Board of Directors, but speaking for herself as a business owner. The City will lose the vast diversity of businesses who will not be able afford Edmonds. As much as people may be drooling over seeing Firdale revitalized, the businesses in that area have to be considered. One of the businesses near and dear to her, Hula O Llehualani, is a fundamental contributor to the Pacific Island culture in Edmonds. There are over 150 dancers and she guaranteed the owner could not afford or even fit a dance studio in a work/live zone. She encouraged the Council to consider the culture of Edmonds and local small businesses and not implement these changes to the BD zone. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Elizabeth Fleming, Edmonds, shared her support for what other speakers have said with regard to unit lot subdivision. She agreed it should not be approved and should be carefully reviewed before any decision is made. She voiced her support for those who are opposed to upzoning of single family lots. Greg Brewer, Edmonds, referred to comments that unit lot subdivisions first occurred in 2017 and once a year since. He assumed a powerful developer got toe in and opened that door and now a business zone would be changed to 14 residences. He questioned what that did to the downtown business core and how that did not increase density. He did not agree with the application and said it should be denied. Mayor Nelson relayed the public hearing had been continued to August 17, 2021. 8. NEW BUSINESS 1. EDMONDS MUNICIPAL COURT REORGANIZATION Due to the late hour, this item was postponed until the August 17, 2021 meeting. 9. COUNCIL COMMITTEE REPORTS 1. OUTSIDE BOARDS AND COMMITTEE REPORTS 10. COUNCIL COMMENTS Councilmember K. Johnson thanked the citizens who took time to be here tonight, commenting even with the delay, there had been really good participation. She took notes during the comments and relayed what she heard and agreed with. First, she will send a memo to Phil Williams and Mayor Nelson asking them to work with the residents of Dayton Street to solve the speeding and safety problems. Second, there were great questions about expanding the unit lot subdivision process to all the BD zone. Third, she did not think the portal to report bias, hate and discrimination was a good idea. This was reported as an idea by the Diversity Commission but was carried out by the Administration. Fourth, she did not support surveillance of parks where the graffiti occurred. Fifth, she had a lot of questions about the missing middle with DADUs, townhomes, triplexes and duplexes; they can work but the Council needs to proceed cautiously and look at it on an area by area basis. Edmonds City Council Approved Minutes July 27, 2021 Page 22 Councilmember Distelhorst acknowledged everyone coming to out to participate, recognizing that people have wanted to be back in Council Chambers and participate online and he was glad the City was able to offer a hybrid option. He thanked the residents of Dayton Street; he has had great conversations with them about traffic calming measures and some of the principles that NACTO supports for slowing traffic and improving safety. He was hopeful the residents and Administration could work on bringing safety improvements to that area. He pointed out Councilmembers and the Mayor were all wearing masks; case rates have double since three weeks ago and a recent advisory from public health officials in the Puget Sound area recommend that even vaccinated people wear masks in indoor shared public spaces to cut down on the spread of COVID and the Delta variant. Councilmember Fraley-Monillas commented there has been a lot of discussion about her in the last six months in various fashions and newspaper articles. She tends to ignore most of it because she understood the interest of those making the statements. She has never said everyone in Edmonds is a racist; she was asked by the media about racism in Edmonds and she said yes, there is racism in Edmonds. She referred to a list she made of incidents, everything from a hanging noose at a construction site where two Black people were working, a family of color called racist names and told to get out of the City while walking on Sunset, art displays related to Black Lives Matter that were tampered with and on and on. She said Edmonds and every city has levels of racism, it is not unique to Edmonds. She chose not speak about this publicly before now because she thought it was just a lot gossip and comments. She has now determined it definitely has to do with politics, politics drive Edmonds and always have. Councilmember Fraley-Monillas continued, a number of people today were highly upset with her because she allegedly made comments that everyone in Edmonds is racist; she said that was a very inappropriate and she did not make that comment. She did state in a Facebook post from a private party that a couple individuals well known in the City talking about Black Lives Matter and various other things and she did make a statement, referencing one person, that it is a pack of downtown rich White people. She admitted saying that but said it was taken out of context. She considered herself lucky because Dori Monson had been talking about her and these issues on talk radio. Tonight she saw what she believed to be bullying behavior which she supposed she deserved for not standing up for herself before now. She assumed that people would ignore this kind of chatter. Councilmember Fraley-Monillas continued, tonight, more than any other time since she has been on Council, she saw politics rolling through the City. She saw candidates and candidates' friends at the microphone taking pot shots at her and Councilmember Distelhorst and she was certain there was a political reason for that. She will not take pot shots at other candidates from the dais because she felt it was inappropriate and was inappropriate to do on television. She reiterated she did not say everybody in Edmonds is a racist; she was talking about racist incidents. She stands for Black Lives Matter and she stood and marched for George Floyd and because of that, someone threatened to burn a cross in her yard and she received a nasty voicemail from a blocked phone threatening her safety. She summarized there are things happening in Edmonds that people do not necessarily know about. As long as she continues to be accused of something, she will have to continue talking about it every week so that people understand she did not say everyone in Edmonds is a racist. A MOTION WAS MADE BY COUNCIL PRESIDENT PAINE AND SECONDED TO EXTEND FOR 10 MINUTES TO 10:40 P.M. MOTION CARRIED (5-2), COUNCILMEMBERS FRALEY- MONILLAS AND K. JOHNSON VOTING NO. Council President Paine commented it was nice to see everyone here tonight; it was a packed room with a lot of comments and she appreciated the passion. She was very interested in the discussion about unit lot subdivisions; she worked on them for seven years in the City of Seattle and the CC&Rs are important. With regard to the bias portal and other issues that the community brought up, that needs to be looked at more closely and determine the policy level. She encouraged people to be safe; the variants are clearly in Edmonds City Council Approved Minutes July 27, 2021 Page 23 the community. She will be asking the City Attorney for guidance on requiring masks in Council Chambers. Councilmember Buckshnis thanked everyone who attended tonight's meeting. People have been talking to her for three years and she was glad they attended tonight's meeting and said what they needed to say. She expressed her disappointment about the $1.75M in American Rescue Plan funds for green infrastructure. She reviewed the CIP/CFP and there is nothing about green streets or rain gardens. Those funds could have been used for small businesses, local businesses, citizens and nonprofits like the Waterfront Center, Edmonds Center for the Arts, Driftwood Players, Boys & Girls Club, the food bank, and others or as Mr. Hertrich said, to help the citizens of Edmonds pay utility taxes. She also objected to $750,000 for marsh and stormwater and said citizens will be having a work party on Thursday and Saturday to remove invasive plants and improve water quality. She invited anyone interested in the work party to contact Joe Scordino to sign WSDOT's form. She will attempt to get the $1.75M allocated to human interests and will continue to fight for Edmonds citizens. She thanked the many citizens who call, email and text her, assuring she hears them. Councilmember Olson thanked everyone who attended tonight's meeting in person and online and assured she heard them. She referred to Dr. Backous' comments, noting there is a lot of talk about partisan divide, but when there is a divide between the government and people, that is an even bigger problem. She liked that he wanted to come to the table and work together. Councilmembers' goals are to have good policy for Edmonds, but there needs to be a conversation and the Council needs to hear from all stakeholders and there need to be good processes to reach good policy for the community instead of doing this unilaterally and without input. She invite citizens, residents, Councilmembers and the Mayor to reboot City government and start conversations and positive action together. Councilmember L. Johnson said a release from Snohomish County Health yesterday said COVID cases have increased in recent weeks and there have been dozen of outbreaks and hospitalizations in July. In light of case counts, hospitalizations and highly transmittable Delta variant, the Snohomish County Health Officer joined with other health leaders in reiterating the importance of vaccination and urging masking for everyone entering a public indoor space regardless of vaccination status. Universal masking helps protect those who are unvaccinated and offers an extra layer of protection for those who are vaccinated. She asked the public to join the Council in masking, acknowledging it felt like a step backward but it was necessary. Student Representative Roberts said as a young person, it was inspiring to see citizens coming together pushing for a cause and he gave a shoutout to the residents on Dayton Street. He said racism still exists in Edmonds, some people are flat out racist. His mother, a South Korean immigrant, has repeatedly been called racist slurs when walking around the City. This is no different than many other communities, and as Councilmember Fraley-Monillas said, all communities experience racism. It is up to the residents, including citizens and elected officials, to reject hate, to stand up to bigotry and to call it out when they see it. Everyone needs to work together to find long term solutions for ending racism. For another week COVID cases are up and there are mask mandates again. The unvaccinated people are the ones who catch COVID and die from the virus; vaccines are effective, they work. There are not thousands of physicians and healthcare workers researching this for no reason. This country did not invest billions of dollars to ensure the vaccines are safe for no reason. He urged everyone to get vaccinated if they have not already, there is literally no risk. Vaccinated people save themselves, their family and the community; businesses, and the elderly and young kids depend on everyone getting vaccinated. 11. MAYOR'S COMMENTS Mayor Nelson apologized for the technical issues at the start of the meeting. He was very frustrated with starting the meeting 40 minutes late and will work with IT staff to ensure future meetings start on time. Edmonds City Council Approved Minutes July 27, 2021 Page 24 He announced effective tomorrow due to guidance from the Health District and the CDC as well as increased COVID case counts in the county and with City staff, all employees will be wearing masks indoors regardless of whether they are vaccinated. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:36 p.m. i MIC EL NELSON, MAYOR 5 PASSEY, CITY ERK Edmonds City Council Approved Minutes July 27, 2021 Page 25 Public Comment for 7/27/21 Council Meeting: From: votepetso Sent: Tuesday, July 27, 20214:54 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Monillas, Adrienne<Adrienne.Mon illas@edmondswa.gov>; Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Olson, Vivian <Vivian.Olson@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>; Johnson, Kristiana <kristiana.johnson@edmondswa.gov>; Paine, Susan <Susan.Paine@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov> Subject: Outdoor dining As noted before, please retain the requirement for a CUP to protect neighboring residents and businesses. According to the minutes, the CUP was dropped to avoid the 2-3 month delay during covid. It should be retained in a permanent ordinance. Also, please retain required parking, especially if Westgate is included. We carefully thought out the parking requirements for Westgate, and this change could have an greater negative impact at Westgate than downtown. Also, consider dropping Westgate for safety reasons. Finally, as the interim ordinace has likely expired or sunset per section 3, should we have noticed this as a propsed revision of our prior permanent ordinance, and not made reference to the emergency ordinance? Lora Petso From: edmondskar Sent: Tuesday, July 27, 2021 1:48 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov> Subject: Letter for City Council Meeting 7/27/21 Dear City Council, Edmonds City Council Approved Minutes July 27, 2021 Page 26 I am addressing you today as a constituent. You, the City Council, are here to represent us, the residents of the city of Edmonds, beautiful, charming, full of character . One definition of a representative is "a person chosen or appointed to act or speak for another or others". The residents of Edmonds have chosen you to represent their interests. That means their interests, not developers' interests, or other outside interests. It is clear that single family homeowners in Edmonds do not desire higher density residential development in their single family neighborhoods. Many residents who do not support higher residential density moved to Edmonds in part because of the one single family house per single residential lot, and the larger lot size available. These lots provide room for trees and privacy, and increasing density will mean removal of, or at the very least, less space available for trees and other vegetation. It will also dramatically increase traffic within our neighborhoods. As many areas in Edmonds still lack sidewalks, this increases the potential for pedestrian accidents. I walk within a 2 mile radius of my home for exercise. In some areas the only place that I can walk is on the roadway itself, and must cross the road to avoid traffic. With increased traffic as a result of higher density this will become an even more dangerous situation. As you are considering my comments, some of you may think of that overused derogatory term that has unfortunately become a negative part of the American lexicon - NIMBY - not in my backyard - portrayed as people with only their own self interests at heart. But as we still do espouse private property rights in this country, the MY in NIMBY should hold more weight. It is in fact my backyard. Only it is not only just my backyard, it is my neighbor's backyard, and their neighbor's backyard and their neighbor's backyard we are talking about - we are talking about Neighborhoods, we are talking about the Character of a City that is going to be detrimentally altered forever if zoning is changed to allow multi family housing within single family residential housing areas. Please listen to the voices of those you represent and preserve not only the single family neighborhoods but the beauty, charm and character that is Our Edmonds. Thank you. Kathy Ryan, Resident From: Kathy Brewer Sent: Tuesday, July 27, 2021 10:50 AM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Observe Mukilteo City Council and Mayor! Ask what the citizens want and act accordingly! No to increased density! To All, Edmonds City Council Approved Minutes July 27, 2021 Page 27 Are you aware of what is happening in Mukilteo regarding their housing plan? The wise city council members and mayor are listening and responding to what the citizens want; and the citizens have made it clear (just like in Edmonds) -- they don't want increased density! On the front page of The Daily Herald, Saturday, July 24, 2021 edition, in the article titled Mukilteo high density (see attached), Mukilteo Mayor Gregerson said, "High -density housing isn't in our plan ... I don't think it makes sense for our community." Council member Richard Emery said, "The question about whether we might pursue more high -density has been answered. The answer is no." Council member Joe Marine wants it on the ballot so the citizens can make it clear to the current and future city councils. He said, "...if we can get a clear message from the community that they don't want that, it makes it easier when we're looking at it as a council to say'Nope, I'm not going there." The citizens have made it clear and the council members are validating what they want. Edmonds citizens have made it clear too! The majority of citizens responding to the housing surveys (78%) said they don't want up -zoning, elimination of single-family zoning and more density. Listen to your citizens and act accordingly. Put it on the ballot if you need further validation. Let the citizens decide. Then take these unwanted, destructive housing recommendations off the table. Just say, "Nope, I'm not going there!" Sincerely, Kathy Brewer From: Kclarke5 Sent: Tuesday, July 27, 2021 10:07 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Outdoor Dining Dear City Council, I strongly opposed restaurants and bars using public parking spaces for outdoor dining permanently. By allowing this will only take away valuable parking downtown from the retail businesses who, like the restaurants, are also struggling to get back on their feet. How are the retail businesses suppose to survive if you continue to take away the parking and make it permanent. There are many of us who still like to "shop local" and patronize the retail businesses. But cannot because of the limited parking and these unsightly structures in their place. Edmonds City Council Approved Minutes July 27, 2021 Page 28 Recently, the Seattle Times wrote a glowing article about our downtown. Interesting enough, they use an "old" photo of the downtown before the outdoor dining. Not what it looks like today. These wooden structures and tents for outdoor dining have away the appeal and charm of our city. Visitors who have come to visit have commented on how you can no longer see the beauty and uniqueness, it has to offer. I recently had lunch with a friend in downtown Edmonds on a Friday morning. It was appalling to see the lack of parking even during the week. You either had to navigate around the wooden structures or the parking spot was marked as "curbside pickup only." One restaurant has now hung tablecloths on the end of their structure to block the sun in the west. A walkup wine bar has taken over parking spaces, who, never had indoor dining in the first place. Another bar keeps adding more space to their outdoor dining. A tea house, even though they already have indoor and outdoor dining have taken over the parking space in front of their establishment, as well. This will only escalate if these structures are allow to remain indefinitely. As one local citizen put it, it does look like a "shanty town". No longer can you see down to the waterfront and flowers that adorn the storefronts and line the streets. And watch your step, or you may trip over a 44 as the sidewalks have limited space to walk. Our family has lived here for more than 65 years. We have always loved being able share our city with visitors. Edmonds does have it's own unique charm and is a beautiful place to visit and live. Allowing these unsightly structures to remain permanent takes away from the beauty it has to offer. I would hate to see the various retail businesses close up shop because the mayor and city council cannot see the harm this would do to our city by allowing the structures to stay. I encourage the City Council and Mayor to vote no. Respectfully submitted by, Cheryl Clarke Edmonds resident From: Kat Sent: Monday, July 26, 2021 7:07 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Letter to the editor: Mukilteo placing issue of residential density before voters — why not Edmonds? https://myedmondsnews.com/202l/O7/letter-to-the-editor-mukilteo-placing-issue-of- residential-density-before-voters-why-not-edmonds/ Edmonds City Council Approved Minutes July 27, 2021 Page 29 From: Kathy Brewer Sent: Monday, July 26, 2021 2:11 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Protect Edmonds! No up -zoning! To All, I came across these interesting and relevant comments by Laura Johnson and Susan Paine in My Edmonds News Letter to the editor: Waterfront is our future -- vote Petso, Paine and Harris, dated October 25, 2017. Both Laura and Susan express deep and rightful concern regarding the potential overdevelopment and destruction of the charm and peace of the Edmonds waterfront. I hope they and all of you will have the same concern for our city as you vote on the Housing Recommendations and up -zoning threat we are now facing. Regarding the comment, "Change can be great," Laura thoughtfully states, "... and it can have devastating, irreversible consequences." Boy, isn't that right! Eliminating single family zoning and allowing for more multiple family structures will have devastating, irreversible consequences! Larger structures, less trees and green space, zero lot lines, more concrete, traffic, pollution, and noise ... and fat chance they're going to be affordable! Once some of these zoning changes are allowed, developers will jump in and the floodgates will open to more and more development. You can't close Pandora's Box once opened, i.e. Seattle! Precedence is set and developers exploit to their own advantage -- money and profit! Not to the good of the community! Susan Paine correctly states, "It would be important to hear from all stakeholders for large redevelopment proposals before those become permanent." Amen, sister! Instead of pushing these recommendations through without full citizen awareness and involvement is wrong! These decisions should not be decided on primarily by Staff, Council and Mayor. You represent us and need to listen to what we want and act accordingly because we will be forced to live with the devastating, irreversible consequences that you vote for. Right, Laura? Sincerely, Kathy Brewer Edmonds City Council Approved Minutes July 27, 2021 Page 30 10:40 0 gill 55%. Letter to the editor: Waterfront is our future — vote Petso, Paine and Harris Posted: October 25, 2017 <R> 2723 Editor: The Edmonds waterfront brings thoughts of ducks, seagulls and herons, of the ferry, our beach parks, pathways and boardwalk, of the newly re -developed (code compliant) Salish Crossing, and of course, of our priceless Edmonds Marsh. These thoughts should bring the calm and peace that a waterfront evokes. Unfortunately, my thoughts of the Edmonds waterfront are fraught with anxiety. The incumbent port commissioners have a plan for Harbor Square; an urban village with over 300 condominiums, in buildings that would loom 55 feet over the waterfront. The port's adopted plan would privatize not only the views of the waterfront and of the Edmonds Marsh, it would privatize our public property. At the ACE candidate forum, incumbent Johnston called the plan a "placeholder;' Gouge said it won't be built as long as he is a commissioner. Faires said, "There is no other plan that makes economic sense. This is the only one that's feasible" Edmonds City Council Approved Minutes July 27, 2021 Page 31 Joy Trevino October 26, 2017 at 9:09 am Change can be great.,, Laura Johnson October 26, 2017 at 10:56 am .,..and it can have devastating, irreversible consequences. My vote will be in the interest of a thoughtful balancing of economy and environment. My vote will be for Susan Paine, Lora Petso, and Angela Harris. Edmonds City Council Approved Minutes July 27, 2021 Page 32 12:58I X Letter to the editor: Wa... Q myedmondsnews.com Larry Kiriluk October 26, 2017 at 8:25 am Why do the residents of zip code 98026 not get a voice in electing Port of Edmonds commissioners? Repo Susan Paine October 26, 2017 at 8:31 pm Larry, It's how the boundaries were drawn ages ago. The broader Edmonds community includes the 98026 residents, and other users/stakeholders - business and community groups. It would be important to hear from all stakeholders for large redevelopment proposals before those become permanent. Susan Paine Repo Edmonds City Council Approved Minutes July 27, 2021 Page 33 From: Gary Sjoblom Sent: Saturday, July 24, 2021 1:37 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Elimination of SF across the entire town of Edmonds? Hello All I am writing to the city council of Edmonds, WA to let the council know that I am unequivocally against removing ALL of the Single-family zoning! We realize life includes changes, but we are not at all in favor of taking away the natural charm and character of the Edmonds bowl. Developing and installing multifamily units in our residential neighborhood will destroy our neighborhoods. The look and feel of what we are will be gone. I have been a realtor for over 30 years and property values were negatively impacted. It seems more appropriate to upzone areas like 98026 if there is going to be changes. Gary Sjoblom Edmonds, Wa 98020 From: willie russell Sent: Wednesday, July 21, 2021 9:44 AM To: Subject: Retail sales of fireworks banned! In Unincorporated southwest Sno Co we were banned from fireworks displaying this year in accordance with 19-037 Passed by county council om 12-4-19. Its a 295 page document that you can read online. On 4th and 128th Fireworks were being sold in a parking lot. We questioned why they would be sold in a no fireworks area. South County provided documents under public disclosure that included a Retail sale of Fireworks BAN in this area. In questioning a few public employees we learned that an amendment was made which I am including. Edmonds City Council Approved Minutes July 27, 2021 Page 34 It seems this Retail Ban was in error and I was told that when South County Fire brought it to the counties attention they sent the matter to their Litigation team, County prosecutors. My information was that they were able to just delete a few words from the original voted on amended version that removed the retail ban part of the approved amendment, thus no reason to return it to council for a vote! As I contacted the county council with this information and questions on how a voted on amendment can be altered with no revote on the issue I was met with hostility from the council. Last night I received an 810pm voice message from Josh Thompson of Stephanie Wrights office stating that there never was nor is there any amendment on 19-037! 1 have included it for your review. With no honest response from the council on this matter we are looking into the potential illegal Ban on Fireworks that is included in this tampered with amendment. We hope truth prevails but in Snohomish County TRUTH has become the lies that are allowed to go unchallenged! Our county elected makes careers and very good benefits from serving us. Lets begin electing those that serve all of us not just those who support the lies they need told! Willie Russell 211d PCO Cascade Precinct Edmonds City Council Approved Minutes July 27, 2021 Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 PASSED this 4th day of December, 2019. ATTEST: Asst. Clerk of the Council ( ) APPROVED ( ) EMERGENCY ( ) VETOED ATTEST: Approved as to form only: Deputy Prosecuting Attorney AMENDED ORDINANCE 19-037 RELATING TO FIREWORKS AMENDING CHAPTER 30.53A SCC Page 2 of 2 SNOHOMISH COUNTY COUNCIL Snohomish County, Washington Council Chair DATE: County Executive D-5 Edmonds City Council Approved Minutes July 27, 2021 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Adopted: 12/04/19 Effective: SNOHOMISH COUNTY COUNCIL Snohomish County, Washington f_�J/1�11�]��Z��C7�]l►f_�1[y�iF�a�k�� RELATING TO FIREWORKS; AMENDING CHAPTER 30.53A SCC BE IT ORDAINED: Section 1. Snohomish County Code Section 30.53A.722, last amended by Amended Ordinance 16-050 on August 28, 2016, is amended to read: 30.53A.722 Retail sale or discharge of consumer fireworks unlawful — exceptions. (1) Except as otherwise provided by law, no common fireworks shall be sold at retail from 12:00 noon on June 28th to 12:00 noon on July 5th each year, provided, however, that no consumer fireworks may be sold at retail between the hours of 11:00 p.m. and 9:00 a.m. (2) Except as otherwise provided by law, no consumer fireworks shall be discharged except: (a) From 9:00 a.m. to 11:59 p.m. on the 4th day of July each year. (b) In areas not designated as a "no fireworks" area created under SCC 30.53A.728 and listed in SCC 30.53A.726. (c) Fireworks under the classification of novelty or sparklers. Section 2. A new section is added to Chapter 30.53A of the Snohomish County Code to read: 30.53A.726 No firework areas established. The following described areas are hereby established as no fireworks areas: (1) The unincorporated area within the boundary of the Southwest County Urban Growth Area, effective (one year from the date of this ordinance). AMENDED ORDINANCE 19-037 RELATING TO FIREWORKS AMENDING CHAPTER 30.53A SCC Page 1 of 2 Edmonds City Council Approved Minutes July 27, 2021 Page 37