09/01/2015 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
September 1, 2015
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Adrienne Fraley-Monillas, Council President
Diane Buckshnis, Councilmember
Kristiana Johnson, Councilmember
Lora Petso, Councilmember
Joan Bloom, Councilmember
Thomas Mesaros, Councilmember
Michael Nelson, Councilmember
ALSO PRESENT
Ari Girouard, Student Representative
STAFF PRESENT
Phil Williams, Public Works Director
Scott James, Finance Director
Bertrand Hauss, Transportation Engineer
Rob English, City Engineer
Sharon Cates, City Attorney
Linda Hynd, Deputy City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
Mayor Earling read a statement into the record. "Last week during the City Council meeting, we had an
unfortunate incident when some of the audience members interrupted and disrupted the Council meeting
with various comments and gestures. Such actions are simply not acceptable. With that in mind I want to
quote from RCW 9A.84.030 Disorderly conduct. "A person is guilty of disorderly conduct if a person
intentionally disrupts any lawful assembly or meeting of persons without lawful authority." We know that
Council meetings are public meetings for the City Council and the public with an agenda which includes
various opportunities for public input such as regularly scheduled public comment periods, comment
periods in public hearing, and/or scheduled comment periods on specific additional agenda items. The
Council values comments from the public; however, we cannot allow a speaker to hijack the proceedings.
Public comment is welcomed and encouraged at appropriate times, disruption is not. Beyond the public
comment opportunities, the meeting is for the City Council to hear information from staff and consultants
as well as discuss issues amongst themselves on the dais including and leading to decisions. Because of
unfortunate incident a week ago, I have ordered the police department to be at City Council meetings for
the foreseeable future. Disruptions such as last week will not be tolerated. Disruptions similar to last week
will lead to a warning followed by ejection from the meeting following that second interruption. Edmonds
expects and deserves civil discourse. Yes, we've had some recent difficult issues before the Council with
emotional comments from both cities and Council. However, outbursts such as we had last week will not
be allowed."
1. ROLL CALL
Deputy City Clerk Linda Hynd called the roll. All elected officials were present.
Introduction of New Student Representative
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Council President Fraley-Monillas introduced the new Student Representative Ferrari (Ari) Gerrard, a
senior at Edmonds-Woodway High School. Ms. Gerrard described her background and interests which
include serving as senior class president and softball.
2. APPROVAL OF AGENDA
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
3. APPROVAL OF CONSENT AGENDA ITEMS
Councilmember Buckshnis requested Item 3A be removed from the agenda.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION
CARRIED UNANIMOUSLY. The agenda items approved are as follows:
B. APPROVAL OF CLAIM CHECKS #215859 THROUGH #215952 DATED AUGUST 27,
2015 FOR $1,187,259.57. APPROVAL OF PAYROLL CHECK #61765 FOR $102.60 FOR
THE PAY PERIOD AUGUST 1, 2015 THROUGH AUGUST 15, 2015
ITEM A: APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2015
Councilmember Buckshnis will abstain from the vote as she was absent from the meeting.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS, TO APPROVE ITEM A. MOTION CARRIED (5-0-2), COUNCILMEMBERS
BUCKSHNIS AND NELSON ABSTAINING.
4. AUDIENCE COMMENTS
Scott Blomenkamp, Edmonds, referred to an email he sent the City Council, stating the Council may not
have previously been aware that under ECDC 20.07.005 Procedure for Closed Record Decisions, the
Council had the ability to address most of the concerns citizens had during the closed record review of the
Woodway fields. No testimony or other evidence will be accepted by the City Council except, 1) new
information required to rebut the substance of any written or oral ex parte communication provided
during an appearance of fairness disclosure; and 2) relevant information that, in the opinion of the city
council, was improperly excluded by the hearing body/officer. Next, he apologized for his part in
contributing to the discord last Tuesday and offered no excuses. He requested the Council reflect on what
would motivate the father of 7 year -old son, a person who is not a political activist, is not comfortable
with public speaking and who has many other things to do to come to nearly every City Council, Tree
Board, ADB and other local meetings.
Alicia Crank, Edmonds, said she watched last Tuesday's City Council meeting from home and
abandoned a project she was working on when she saw the breakdown of communication about
telephonic ruling and whether a resolution existed. She searched Edmonds' and other cities' online
archives to see what their policies were. The resolution couldn't be found by staff and a great deal of
discord occurred regarding what should happen. She did not think Councilmembers served to argue and
figure out what to do and the right protocol. It was later discovered work had been done with regard to
telephonic participation in 2013 but was not pursued to conclusion. Since that work was done, the
resolution should have been scheduled on tonight's agenda for a decision. She summarized this was an
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easy fix and she implored the Council to ensure the next agenda included that easy fix to avoid future
discord or a judgment with regard to a Councilmember's participation.
Laura Johnson, Edmonds, referred to the Puget Sound Starts Here bumper stickers on City vehicles
throughout Edmonds and a banner proclaiming Nothing But Rain Down Storm Drains. She googled that
statement and found it came from the Washington Department of Ecology. The site includes a publication
entitled Reducing Toxic Threats which states much of the pollution that enters our environment comes
from the small but steady releases of toxic chemicals contained in everyday products. Some toxic
chemicals impair development, some affect reproduction, some disrupt our body chemistry, and some
cause cancer. Ecology's Reducing Toxic Threats initiative focuses on identifying priority toxic chemicals
and developing plans to reduce or eliminate their use, or to mitigate their impacts on people and the
environment. It includes developing Chemical Action Plans, supporting a strong toxics policy and
protecting Washington's children. Washington's Children's Safe Product Act is one of the most
progressive in the county thanks to the efforts of Senator Chase and others. The Act requires
manufacturers of children's products sold in Washington to report if their product contains a chemical of
high concern to children and limits the amount of lead, cadmium, and phthalates allowed in children's
products.
Ms. Johnson continued, the Puget Sound Toxics Assessment lists 17 toxic chemicals and chemical groups
and the harmful effects of the toxic chemicals on the environmental health of Puget Sound. The sources of
these chemicals, the pathways they travel to reach Puget Sound such as surface water runoff and priorities
for actions to reduce and control pollution. She cited ways to reduce toxic threats, avoid using toxic
chemicals; prevention is the smartest, cheapest and healthiest approach. Cleanup is the most costly
solution but it is necessary where contamination has occurred. One example would be the Unocal cleanup
site. The best way to reduce toxic threats is to prevent contamination in the first place by limiting the
many sources of toxic chemicals. This includes making informed choices about household products,
keeping pollutants out of storm drains, actively supporting community organizations that work to clean up
water and insisting that elected officials make reducing toxic threats a priority. She questioned whether
the unnecessary and avoidable pollutants would be avoided now or cleaned up later. She asked the
Council to place a stop work order and review the permits especially those that affect human and
environmental health.
Christi Davis, Brier, PhD, referred to the results of a testing done on a sample of crumb rubber installed
under the plastic grass at the fields at the former Woodway High School. Zinc is present in sample at
20,000 parts per million which is consistent with the levels reported in the other samples of field turf with
crumb rubber contained in Gradient's report to Verdant Health Commission earlier this year. She offered
to email the Council the report. The high zinc level would not be a problem if the zinc stayed in the crumb
rubber but it does not. A well-known study by Connecticut's Department of Environmental Protection
collected a total of eight stormwater samples from three different artificial turf fields. In three samples,
one from each field, there were zinc levels high enough to be toxic to aquatic life. Fish were placed in 2
of the stormwater samples for 96 hours and over half died. The crumb rubber also contains numerous
other petrochemicals because crumb rubber is made from petroleum. The turf itself contains phthalates
which makes the plastic grass less abrasive; phthalates fall under the Children's Safe Product Act. These
chemicals will end up in the waterways, fish people eat and the sea life people consider part of the natural
environment and an essential part of the Pacific Northwest. She found it inexplicable that while the City
boasts of its participation in a program to clean up the Unocal site and is spending thousands of federal
dollars to do it, at the same time is dumping the exact same chemicals on the old Woodway fields and not
even requiring Edmonds School District (ESD) to conform to the 2014 sewer and stormwater regulations.
She questioned whether the entities involved just pretend to care about children and Puget Sound and why
they were polluting the fields and giving them to children to play on.
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Kortney Hamilton, Edmonds, read an expert from an online permit site, Section 4, page 6, minimum
requirement #8, The City acknowledges that under the 2005 Ecology Stormwater Management Manual
for Western Washington, turf fields such as the ones proposed for this project are not called out as
pollution generating impervious substance (PGIS). The 2012 version does clarify that synthetic turf is a
PGIS. The City has potential liability from zinc containing runoff entering its stormwater system
especially in this particular situation where the discharge from the City's stormwater system will go
directly into Deer Creek, a drinking water source for Olympic View Water and Sewer District. Under the
circumstances, the City will require treatment of the discharge from the proposed field prior to
discharging to the City's stormwater system. The City would approve a system that just has the sand filter
vault without the media filter. She found it tragic that the City would approve the bare minimum that
mitigated its liability. She called for a stop work order and review of the permits.
Isaac Carrigan, Edmonds, said please don't put this field in. He loves Puget Sound, marine life, eagles,
the fish, the oysters, the crabs and all marine life. He said he was thankful for freedom.
Jen Carrigan, Edmonds, commented the Council has heard from citizens week after week about many
layers of concern with the project. She asked the Council to place an immediate stop work order while the
permits and codes are reviewed and to not sign the Interlocal Agreement (ILA) until the issues of concern
are addressed.
Cassie Goforth, Edmonds, a mother, trained as a social worker and former teacher, expressed concern
about the decision to put carcinogenic chemicals into a field where many children play and many of the
community's sports teams play as well as the health of the greater environment. She was concerned such
a decision may be illegal under the Children's Safe Product Act because artificial turf and crumb rubber
contain elements named in the act such as phthalates, benzene and others. She requested the Council place
a stop work order while the permits are reviewed and the legality and liability is reviewed and not to sign
an ILA until the legality clarified. She believed it would be much cheaper to do that rather than have it
declared illegal after installation and then removed. She was also dismayed by the process and found it
difficult to understand how the School District made this decision in the first place or how it was
approved. She felt there was still time to do the right thing. Many of her neighbors and citizens of
Edmonds would be proud to see the right decision made.
Cliff Sanderlin, Edmonds, said the City, Edmonds School District and Verdant Health Commission
were spending citizens' tax dollars but citizens have had no input on the decision to spend their tax dollars
on something they know was wrong. He was not speaking only about the immediate neighbors of the
sports fields as concern has been expressed by many, including people at the University of Washington,
scientists around the state and most importantly Senator Marilyn Chase. Senator Chase is very well
informed about issues affecting children and children's health and has sponsored important legislation. He
urged the Council to listen carefully to what she has to say. Next, if a group of people have a concern and
the Council agrees, he asked how that was enacted by the City, whether Council decisions were filtered
through the Mayor and then to administrative staff. As a community member speaking about issues in the
past that affected his immediate community, he felt his concerns were discounted and the administrative
staff felt they were a pain in the neck and if they waited long enough they would burnout and go away. He
said he burned out and went away for a long time but now was back.
Al Rutledge, Edmonds, said he has not heard whether the agreement between the School District and the
City for ballfields has expired. He recalled two weeks ago there were plans to discuss a 60-90 day
extension with the School District.
Senator Marilyn Chase said she watched last week's Council meeting, and suggested temperatures be
lowered and the issue at hand be address. She has been followed this issue carefully and recently found
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new information on the internet which she provided to the Council. In May the Chairman of the
Consumer Products Safety Commission (CPSC), Elliott Kaye, testified before Congress, saying he was
sorry that in 2009 the Commission said these fields were safe to play on. He said it was a political
decision, the science was not there and the staff at the time did not even follow and agree with that. When
the Commission said safe to play on, that meant something to parents they did not intend to convey or
should have conveyed. Congress directed CPSC to establish a Chronic Hazard Advisory Panel to make
recommendations to the Commission about products and chemicals. They issued a ruling in December
and once adopted will take effect 180 days after, banning some phthalates because they are endocrine
disruptors which can cause reproductive problems in children. The American Chemistry Council did not
argue against the findings but the process. She assured it will move forward and every manufacturer of
children's products will be required to submit to strict testing to determine what chemicals are in their
products. Exxon Mobile who is behind the synthetic turf is one of their chief critics. She summarized the
science is in, the question has been answered. She provided copies for Council and offered to discuss it
further.
David Anderson, PhD in Toxicology from the University of Washington, said he made a presentation to
the Council on July 21, 2015 regarding information not in the materials provided to the Council about
crumb rubber or other alternatives. He referred to documentation he has since located on the internet
regarding alternatives such as Geo Turf including a spreadsheet in the preliminary results of a recently
published Yale report of what is in crumb rubber and their affects. Their summary found 96 chemicals in
crumb rubber and 14 samples analyzed. Of the 96 chemicals 47% have no toxicity assessments; 5 1 % had
some toxicity but of the 49, 10% are probably carcinogens and the others are irritants. He provided a
supplement to a scientific medical publication, Carcinogenesis, whose concern is the potential for
chemical mixtures from the environment to enable the cancer hallmark of sustained proliferative
signaling. He summarized this is an international issues; 24 authors from many nations are discussing this
issue.
Maggie Pinson, Edmonds, commented the Council has heard from impassioned citizens about protecting
children, that children should not be exposed to carcinogens, toxic heavy metals or other toxins,
particularly when there are choices. The Council has heard citizens describe their love of Edmonds and
their impassioned desire to keep Edmonds clean, healthy and safe. Senator Chase has spoken about
phthalates present in crumb rubber and the plastic blades of synthetic turf grass. The Children's Safe
Product Act lists specific phthalates that children need to be protected from; phthalates are often
endocrine disrupting chemicals. Endocrine disruptors are thought to be blamed for the worldwide
epidemic of Type II diabetes, obesity, reproductive, neurological and many other problems. Only the
Council is in position to make a difference tonight. Only the Council can take the next, necessary and
right step. She requested the Council do the right thing, place an immediate stop work order on the
installation of the synthetic crumb rubber on the Woodway fields as review of the permits, legal issues
and health issues must be undertaken. She also requested the Council not sign the ILA.
Trudy Biolick, Edmonds, a resident within 300 feet of fields, said she signed a letter that has been
provided to the City Council. She was disappointed to learn that installation of lights has occurred after
they were told they would not be. She did not understand how that process was diverted, assuming it was
not meant to be caught. She did not understand the motivation for continuing with crumb rubber. She
described her previous experience with an industrial hygienist in the ESD in the late `90s when she
proposed eliminating the use of high hazard pesticides on school building when children were present and
the industrial hygienist said it was effectively okay. The pesticides had already been banned for home use
but could be used for agriculture and in some commercial locations. That experience caused her to
wonder how much of a corporate apologist was involved versus the facts. She had not followed the
money but wondered where the money was that cause people to adhere to this position. As a skeptic and a
resident, she did not understanding adhering to this position. She urged the Council to place a stop work
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order, noting work has already occurred that should not have occurred. She did not understand what
would prevent the Council from unanimously supporting a stop work order and the use of a more
appropriate infill material.
Deb Harrett expressed support for the Council considering a stop work order on the fields. She loves
Edmonds, the world, and children and wants everyone to be safe and healthy. She urged the Council to do
something about this and make a difference for Edmonds and the world.
Roger Hertrich, Edmonds, referred to Councilmember Mesaros being cut off last week when Mayor
Earling illegally closed the meeting and suggested Council President Fraley-Monillas should have taken
over the meeting so that Councilmember Mesaros could finish his statement and Councilmember Johnson
could also speak. Next, he said if the Council did not sign the ILA, the City would not have to schedule
play on the toxic field. Although that would impact sports teams, it may save a few lives. The Mayor can
instruct staff not to schedule play on the fields; the best way would be for the Council not to sign the ILA.
He relayed the public is losing faith in national as well as local government. With regard to the comment,
follow the law, he said it relates not only to crumb rubber but other issues. He suggested the Council take
a stand and not sign the ILA since they are all against crumb rubber. The Council should also consider
changing the building code to not allow crumb rubber on any fields in Edmonds. The result would be two
non -conforming fields and any new fields would not be crumb rubber. He disagreed the Council did not
have the ability to take action.
Rebecca Wolfe, Edmonds, PhD, said she is involved in an environmental law and policy program and
today started a new course regarding science in environmental law and policy, noting this may be a good
project for the course to study. She expressed support for stopping work while further research is done.
The emphasis should not be the ESD or City saving face but doing the right thing. Edmonds is so
wonderful and she is proud to say she is from Edmonds, is proud of the plastic bag ban. A recent
newspaper article in the Beacon said the parents and community who oppose crumb rubber are on a
tirade. She relayed the meaning of tirade, a declamatory strain or flight of censor or abuse, a rambling
invective, an oration or harangue abounding in censorious and bitter language. She said the citizens who
care about the community and their children should not be looked down upon; they should be given
respect while they are learning. Everyone is learning about the science and there should be time given to
learn about what is being done and to be sure about what is being done. She supported a stop work order,
considering how much money has been spent and will be spent for possibly a very bad cause.
Andy Perry, Edmonds, a doctor at Community Health Center of Snohomish County in Edmonds,
referred to the Children's Safe Product Act, pointing out the chemicals in crumb rubber and grass of
artificial turf are known to be toxic, particularly phthalates in the turf which can be an endocrine
disruptor. He urged the Council to look into a stop work order to determine if the installation of the fields
is a violation of the Act. He also urged the Council not to sign the ILA.
Colin Southcote-Want, Edmonds, referred to the Children's Safe Product Act, RCW 70.240, which
states products that fall under the Act are designed or intended by the manufacturer to be used by a child
at play. Clearly the fields fall under that Act. He referred to WAC 173-334 who provides details regarding
how the people who put down these fields need to report on their products. The introduction states under
the Children's Safe Product Act, manufacturers of children's products are required to notify the
Department of Ecology when a chemical of high concern to children is present in their product and
describes how that is done. A list of chemicals of high interest is contained in sectionl73-334-130, a
minimum of 8 of the chemicals are known to be in crumb rubber so the field definitely falls under the
Children's Safe Product Act. He described what a manufacturer must do: give notice to the Department of
Ecology and give details of the chemicals such as how much is in the product, why they are in the product
and other information. Under the WAC, the field is a tier 3 product; assuming this is a medium size
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developer of fields, they need to have reported the chemical composition by August of this year. He asked
whether that had been done. If the City did not know whether they had reported the chemical
composition, the City has not done its due diligence. He requested a stop work order be issued and that
the Council not provide any funds for the fields until the due diligence is completed.
5.
A. RESOLUTION ADOPTING THE 2016-2021 SIX -YEAR TRANSPORTATION
IMPROVEMENT PROGRAM
Transportation Engineer Bertrand Hauss recalled staff presented the TIP to the Council on June 6, 2015.
Several changes were made to the document and a public hearing was held on July 7, 2015. The intent of
tonight's agenda item is for the Council to adopt the TIP. He reviewed revisions to the TIP since the July
7 public hearing (highlighted in orange in the TIP document attached to the packet):
• Five Corners Roundabout: project was added since work will take place in 2016 to complete the
project
• Sunset Ave Walkway from Bell St. to Caspers: expenditures for 2016 and 2017 have been
modified, in order to be consistent with up -coming Budget documents
• 238th St SW Walkway project from SR-104 to Hwy 99: project was added to the TIP so TIB
grant application can be submitted in August 2015 (requirement in order to be eligible for grant
funding)
• Minor Sidewalk Program: project was added since Decision Package submitted for the addition
of this project in the 2016 Budget (through General Fund transfer)
• Bike Link Project: expenditures for 2016 and 2017 have been modified to be consistent with up-
coming Budget documents
• Edmonds Waterfront Analysis: project description revised to match City Council
recommendation from July 28, 2015 City Council meeting
In response to a Council question submitted prior to the meeting regarding page 2, he said that
information is related to the Hwy 99 & 220th project. In response to another Council question regarding
ellipsis in the description of the Bike Link project and the ferry storage improvement project, he
explained the ellipsis were used for the Bike Link project in lieu of listing all the improvements in the
project. The ellipses were used for the ferry storage project because it is a preliminary project and there
are potentially other solutions in addition to striping and C-curb.
Councilmember Petso referred to her question regarding project descriptions that contain ellipsis such as
bike improvements 212th, 76th She questioned why she would approve the project when she did not
know what the project actually is and asked when will she learn what the project really is. Mr. Hauss
answered that project is in 30% design; all the stretches are pretty much finalized. The intent was to make
the description as short as possible; the main elements are on 212th and 76th and he did not feel it was
necessary to add the side streets. Councilmember Petso asked where bike lanes will be located on Main
Street. Mr. Hauss advised there likely would be sharrows on Bowdoin. Wayfinding signs will also be
added in some locations. If all the wayfinding signs were listed, the description would be very lengthy.
Councilmember Petso asked when Council would be informed what the whole project is and will there be
an opportunity to vote on the project. Public Works Director Phil Williams said that opportunity will be
created. There are a lot of lane miles and lineal footage that will be improved as part of the Bike Link
project in cooperation with other cities. It will include sharrows in some locations and dedicated bike
lanes in some locations. Those details are not yet resolved because the project is in early in design. As the
design phase moves forward, more will be learned and staff will keep the City Council updated.
Councilmember Petso sought a promise that Council and the public will be given an opportunity to
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Page 7
provide input on the final project before it is too late. Mr. Williams reiterated that opportunity can be
created when more is known.
Councilmember Petso noted the ferry storage improvement project also contains ellipsis rather than a
description of the project. She said people will not want ferry storage improvements to take away part of
City Park, the treatment plant or the marsh or to include construction of an 8-story parking garage. If the
project is approved in the TIP, she asked when the Council and the public will learn details of the project.
Mr. Williams assured staff would not pursue any of the things Councilmember Petso mentioned.
Including it in the TIP is authorization to research plausible, affordable solutions that do not have
secondary impacts which will then be presented to Council. Councilmember Petso asked for assurance
that there would be a public hearing and opportunity for Council and public input. Mr. Williams
explained a new TIP is adopted every year following a public hearing and Council review. He assured
there would be several opportunities for the council to provide input on TIP projects.
Councilmember Buckshnis commented there was no funding for the ferry storage improvements until
2019 so she was not concerned. With regard to Bike Link project, she recalled the Council previously
reviewed that and this is just the funding for it. Mr. Hauss agreed, advising all the stretches were
identified in the Transportation Plan. There will be a couple open houses for the Bike Link project in the
new few months. Mr. Williams recalled the Council approved an ILA with Lynnwood for the Bike Link
project.
Councilmember Buckshnis observed the projects highlighted in blue are new and were described in the
narrative. The projects highlighted in orange were added/revised since the July 7 public hearing; for
example, $10,000 for the Five Corners Roundabout to pay the contractor. She recalled the Council also
reviewed the minor sidewalk projects. Mr. Hauss agreed they were reviewed as part of the
Comprehensive Plan.
With regard to the Sunset Avenue Walkway, Councilmember Bloom said the Council has not made a
decision about what will be done, there have been concerns expressed about multi -use on the west side
such as whether pedestrians can safely negotiate with bicycles, skateboards and segways. She asked
whether "multi -use" could be removed from the description and added back if a decision was made to
have it be a multi -use pathway. Mr. Williams answered it has been part of the project description all
along. The efficacy is still being evaluated and at some point a decision will need to be made whether it
continues to be a multi -use pathway. If a decision is made not to have a multi -use pathway, multi -use
could be removed from the project description. He felt it odd to do it the other way around although it
could be done. The Council could take a vote to call the Sunset Walkway something else, indicating
bicycles would not be allowed and then add multi -use in the future. He was uncertain there was any
functional difference with leaving the description as multi -use path until a decision is made.
Councilmember Bloom referred to "various utility upgrades" in the description and asked whether those
depend on whether a multi -use path is constructed on the west side. For example, would various utility
upgrades be done if the survey results indicate the public prefers a modified smaller sidewalk on the west
side. Mr. Williams answered utility work is needed on Sunset whether or not a pathway is constructed.
The timing could vary as it would be desirable to coordinate it with other work on the street like a
pathway or street resurfacing. The replacement of the old water line, upgrading the stormwater system
and potentially some sewer projects are all independent of a walkway project. Staff would coordinate that
utility work with a walkway project.
Councilmember Petso observed a large number of items have been changed since the public hearing
including a couple changes since the Council last reviewed the TIP. She asked whether the changes were
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significant enough to trigger another public hearing. Sharon Cates, City Attorney's Office, said she had
not seen the changes but did not believe they would necessitate another public hearing.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS,
TO APPROVE THE 2016-2021 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO
AMEND THE MOTION TO CHANGE THE SUNSET WALKWAY BACK TO A WALKWAY
PROJECT FROM A MULTI -USE PATH.
Councilmember Petso said there has been significant public concern with bicycles on the path on the west
side. This proposed change would also be consistent with policies adopted in Comprehensive
Transportation Plan. Further, it was also her understanding the walkway area does not meet the standards
for the recommend width of a multi -use pathway.
Councilmember Bloom expressed support for the amendment for the reasons Councilmember Petso
stated. The Council has heard enough from the public that a multi -use path could potentially be unsafe.
The fact that it does not meet the standard for a multi -use pathway is enough in itself to remove it from
the TIP.
Councilmember Mesaros inquired about the standards referred to by Councilmembers Petso and Bloom.
Mr. Williams answered he was not sure they would necessarily be called standards, they are more design
guidelines. It is true in most instances a 10-foot width would be preferable if there was enough space but
there were opportunities to reduce it to 8 feet if there was not enough space and other conditions exist.
There is not enough space for a 10-foot pathway and 2-foot clear distance from parking and still have
sufficient width in the narrowest part of the street. Councilmember Mesaros asked whether the City
Council will have an opportunity to review the design. Mr. Williams answered yes. He referred to the
update provided to the Council last week regarding Sunset Avenue; the survey questions also addressed
the multi -use -nature of the proposed pathway.
Council President Fraley-Monillas asked if multi -use could be removed if a decision was made not to
make it multi -use. Mr. Williams answered certainly. Council President Fraley-Monillas asked whether it
would be difficult to get funding for a multi -use pathway if it was not in the TIP. Mr. Williams said the
project needs to be in TIP to be successful in identifying funding in future; that is true of every project.
Council President Fraley-Monillas observed the wording could be changed in the future if a decision is
made not to have it be multi -use. Mr. Williams answered that has been discussed a number of times in the
past; he has recommended leaving it as a multi -use path until the evaluation has been concluded and
determine how people feel about it and a decision made whether to continue as a multi -use pathway. With
that information, staff could go back to the funding agencies and explain why the project began as a
multi -use pathway and a decision made not to have it be multi -use. That would be a much better
conversation to have when funds have been spent in the design phase on a project described one way and
then changing it. A year's experience, comments from citizens via the survey and Council comments will
facilitate that conversation.
UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS BLOOM,
BUCKSHNIS AND PETSO VOTING YES; AND COUNCIL PRESIDENT FRALEY-MONILLAS
AND COUNCILMEMBERS JOHNSON, MESAROS AND NELSON VOTING NO.
Councilmember Johnson referred to the Trackside Warning System at Dayton Street and Main Street
Railroad Crossings, advising $300,000 is proposed to be spent from local and General Fund in 2016.
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September 1, 2015
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COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO
AMEND THE MOTION TO SHIFT $300,000 FOR THE TRACKSIDE WARNING SYSTEM AT
DAYTON STREET AND MAIN STREET RAILROAD CROSSINGS FROM 2016 TO 2017.
Councilmember Johnson recognized this is an important project particularly for those impacted by the
noise from the trains. She supported the amendment for the following reasons:
1. Last year a citizen group proposed a quiet zone or trackside warning system to reduce train noise.
At that time a Local Improvement District (LID) was proposed to pay for the improvements.
Waiting a year would allow the City to pursue that funding options.
2. This project can be coordinated with the study being commenced for the Main and Dayton Street
conflicts with the railroad crossing. Waiting one year will ensure this project does not precede
that study.
3. If the City wants to spend $300,000 there are plenty of non -motorized projects that can be funded
in 2016, all identified and prioritized in the Transportation Element of the Comprehensive Plan.
4. She is a strong supporter of transportation projects, and this minor change makes sense.
Councilmember Petso said she will vote against the amendment and leave the Trackside Warning System
in the TIP because it is such a big quality of life issue for so many people in the downtown area and will
greatly reduce the number of people who are bothered by train noise. She recognized it had a temporary
duration; at some point a solution may be identified that does not require train horns to sound through
downtown but she was uncertain whether that solution would be realized in 2 years or 20 years. She
preferred to fund the project for the benefits that can be realized at this time. Mayor Earling responded a
permanent solution was closer to 20 years away.
Council President Fraley-Monillas observed the at -grade crossing issue likely will not resolved for at least
10 years and delaying the project would result in increased costs. She will vote against amendment.
Mayor Earling reported $50,000 was included in the budget and is being spent on that project this year.
There are frequent inquiries to City Hall about the progress of this project. Although it does not have as
much notoriety as crumb rubber, a lot of community members are interested in this project moving
forward. It is included in the 2016 budget at this point.
Councilmember Bloom appreciated Councilmember Johnson's careful consideration and rationale. She
did not support the amendment for the reasons stated and she had no interest in pursuing a LID to fund
the Trackside Warning System as it should be funded by the City and not the people who live closest to
the train horns. Everyone benefits from less train noise including visitors.
AMENDMENT FAILED (1-6), COUNCILMEMBER JOHNSON VOTING YES.
MAIN MOTION CARRIED UNANIMOUSLY.
6. PRESENTATIONS/REPORTS
A. JULY 2015 MONTHLY FINANCIAL REPORT
Finance Director Scott James displayed and reviewed July 2015 Revenue Summary — General Fund
Types without bond proceeds. He displayed a comparison of General Fund Revenue Budget to Actual,
highlighting taxes:
General Fund Resource Category
YTD Actual
7/31/2014 7/31/2015 % Change
Taxes
Property Taxes 7,364,006 7,671,011 4.2%
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September 1, 2015
Page 10
Sales Tax
3,276,565
3,704,663
13.1%
Utility Tax
4,062,923
4,003,331
-1.5%
Other Taxes
495,733
518,207
4.5%
Total Taxes
15,199,227
15,897,212
4.6%
Licenses & Permits
Business Licenses & Misc Permits
158,224
150,615
-4.8%
Franchise Fees
810,635
815,439
0.6A
Development Related Permits
378,970
426,341
12.5%
Total Licenses & Permits
1,347,829
1,392,395
3.3%
With regard to why utility tax revenues are not higher when the City approved a rate increase, he
explained many utilities are weather dependent and the need for electricity and gas decreases in mild
weather. He reviewed a pie chart of Sales Tax Analysis by Category July 2015 YTD, pointing out retail
automotive is the major source of sales tax revenue followed by contractors. He displayed a bar graph of
Change in Sales Tax Revenue July 2015 compared to July, pointing out contractors had the largest gain,
$302,000 over the same period in 2014.
Mr. James reviewed July 2015 Expense Summary — General Funds, noting an increase of 3.1 % due to
higher payments to Fire District 1. He reviewed a General Fund Department Expense Summary,
commenting expenses YTD are 55% of budget; July 31 is 58% through the year.
He reviewed a graph of Real Estate Excise Tax (REET) revenues 2009-2014, advising 2015 REET
revenues are 45.9% higher than the same period last year. He reviewed Utility Fund Revenue
Comparison, advising of an increase of $431,000 over 2014, primarily due to increased sales. Utility Fund
Expense Comparison shows a small increase of $474,000.
Councilmember Nelson asked the amount projected for REET revenues. Mr. James advised he did not
have that information with him. REET revenues are up 45% compared to 2014.
7. MAYOR'S COMMENTS
Mayor Earling reported he had an opportunity to meet new grandson, Liam Earl Morrison III, last
weekend in Arizona and was able to watch the Seahawk game on Saturday night.
Mayor Earling reported good progress is being made on the 2016 budget and the budget will be presented
to the Council in early October.
With regard to the windstorm on Saturday, Mayor Earling thanked Public Works and Public Safety staffs
for quickly responding to solve problems with downed trees and limbs. In that circumstance, calls are
made to staff and many responded.
8. COUNCIL COMMENTS
Student Representative Girouard asked what ferry storage meant whether it was the area where ferry
traffic waited. Mayor Earling advised that project is not funded until 2019, ample time to have any
questions answered.
In response to Student Representative Girouard's question, Councilmember Johnson said it was part of
the SR 104 study; the idea was what could be done with current configuration to add another lane of ferry
storage. One option would be to reduce the number of lanes eastbound; further research is needed. She
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September 1, 2015
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assured it does not involve 8-story buildings, moving the treatment plant or impacts to City Park or the
marsh or any other ideas suggested by Councilmember Petso.
Councilmember Petso found that quite reassuring. She requested the resolution regarding Councilmember
participation by speaker phone be added to the agenda of an upcoming work session.
Councilmember Petso observed there were repeated requests tonight during Audience Comments for a
stop work order. She asked how that was done and whether it was something the Council could direct or
was it something done by administration. Sharon Cates, City Attorney's Office, responded she needed
more information about the status of the Interlocal Agreement (ILA). It was her understanding the ILA
with the Edmonds School District (ESD) had not yet been adopted. Even if the ILA had been adopted, it
was the ESD's property and the City intends to contribute funds toward the field improvements but not be
involved in the construction of the improvements. Therefore, it was her understanding there was no stop
work order that could come from the City.
Councilmember Petso relayed her understanding of Ms. Cates' explanation that the City did not have
jurisdiction to stop work on the project. Ms. Cates said that was her understanding but she could research
to ensure she was answering Councilmember Petso's question correctly. Councilmember Petso said she
would appreciate knowing whether the City had that power and if so whether it was Council power,
administration power and what would trigger the power. For example, she has been told there are
potential violations of the Children's Safe Products Act.
Councilmember Petso said she obtained the answer to the following question from City Attorney Jeff
Taraday but he suggested she ask it in open session so it was not attorney -client privilege. She asked
whether the Council has the authority to ban crumb rubber fields on public property in Edmonds. Ms.
Cates said she did not know the answer. Councilmember Petso said if hypothetically the Council could by
passing an ordinance, would it need to go through the Planning Board or could it be done by Council. Ms.
Cates said she would need to research that.
Councilmember Petso recalled a citizen stated the company doing the field work may be in violation of
the disclosure requirements of the Children's Safe Product Acts. She asked whether that was the City's
responsibility to determine or was that the Department of Ecology's responsibility. Ms. Cates responded
if that was related to the decision to use crumb rubber in the Woodway fields project, her understanding
was the City does not have authority over the project construction. The ILA contemplates the contribution
of money to the project but not control over the project. It would be the ESD's responsibility to take up
that issue.
Councilmember Mesaros referred to Councilmember Petso's question whether the City has the authority
to ban crumb rubber on public property, and asked if the City has the authority ban crumb rubber within
the City's jurisdiction. Ms. Cates said she would need to research that as well. Councilmember Mesaros
pointed out the fields are ESD property, not public property.
Councilmember Bloom asked why the ESD property was considered private property when every
taxpaying member of the community pays taxes to the school district and there were public schools
located on the property. Ms. Cates answered she was uncertain it was considered private property; it is
considered school district property which is handled differently than public property. There are statutes
that provide for how school district property can be used and the school district's responsibilities.
Councilmember Bloom commented everyone who owns private property is regulated by City laws. For
example, if a person was doing something that was not in accordance with the law and created hazard.
The Council and three surrounding citizens have asked for a review of the permits. If that were done for a
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September 1, 2015
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private property, she asked who is responsible for stopping work on the project to allow time to address
concerns. Ms. Cates asked for clarification, whether Councilmember Bloom was referring to a project on
private property. Councilmember Bloom answered yes, three surrounding property owners and the
Council asked for a permit review and there were concerns about hazards for example someone dumping
toxic waste on their property. Ms. Cates explained a stop work order is issued by the governing authority;
if it is on private property, the property owner tells the contractor to stop. She was certain there were
procedures for private citizens to question what occurs on private property but she would need to research
it. Councilmember Bloom asked whether administration was responsible for enforcement on private
property. Ms. Cates said she would need to research the procedures for addressing questionable projects
on private property.
Councilmember Nelson echoed Councilmember Petso's request to schedule the resolution supporting
Councilmember's participation by phone. He commended the efforts of Public Works, Public Safety and
PUD staffs and citizens during the power outage following Saturday's storm.
Councilmember Buckshnis thanked the citizens who contacted her, agreeing it was her right to call in and
participate in last week's meeting. She relayed she likely would have voted in favor of reviewing the
permits despite the fact that a Councilmember thinks they know how she thinks. She found the disrespect
at last week's meeting very unfortunate.
With regard to the stop work order, Council President Fraley-Monillas said the minutes of last week's
meeting reflect Mr. Taraday's statement that the Council cannot file a stop work order. She was able to
watch the Seahawks game from Whistler Canada. She returned last night and was very appreciative the
power was restored before she returned.
With regard to the ability for Councilmembers to call in, Council President Fraley-Monillas agreed it was
important to establish whether Councilmembers could call in. She believed last week had nothing to do
with the resolution; the City Attorney indicated the Council had the ability to allow Councilmember
Buckshnis to call in. Mayor Earling ruled on it, indicating he found it reasonable for Councilmember
Buckshnis to call in. His ruling was overturned by Councilmembers Bloom, Petso and Johnson. More
than 15 times since she has served on Council, Councilmembers have been allowed to call in without a
resolution. She, Councilmember Buckshnis, and almost every Councilmember who served on the Council
has been able to call in without a resolution in place. She found that smoke and mirrors from those who
want citizens to believe it was strictly related to the resolution.
Council President Fraley-Monillas said Councilmembers have been allowed to call in and participate
during the six years she has served on Council. When asked about it, Councilmember Bloom indicated
she did not want Councilmember Buckshnis to participate because it would result in a tie vote. This is an
insult to democracy as we know it because Councilmembers Bloom, Johnson and Petso voted to not allow
Councilmember Buckshnis to participate in a meeting when Councilmembers have always been allowed
to voluntarily participate by phone. What occurred last week was related to Councilmembers' views on
what was occurring at the Council meeting and not democracy. She summarized it was nothing new for a
Councilmember to call in; this had to do with blocking Councilmember Buckshnis' democracy, her rights
as a Councilmember. She was happy to schedule the resolution that former Councilmember Peterson and
she developed if that helped Councilmembers feel better about what they did but they should be ashamed
that what they did hurt the City as a whole.
Councilmember Bloom asked to respond. Mayor Earling agreed as long as it was a brief response.
Councilmember Bloom said the Council does not function on precedence, it functions on the law and on
established procedures. Council President Fraley-Monillas asked Councilmember Bloom to show her the
law. Councilmember Bloom said the law is the Council adopted Robert's Rules which state a
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September 1, 2015
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Councilmember cannot participate by phone unless a procedure is established. Council President Fraley-
Monillas pointed out the City Attorney said a Councilmember could. Councilmember Bloom reiterated
Council should not function on precedent; a resolution was established because there was not workable
procedure for calling in. The resolution was drafted but it was never voted on. Council President Fraley-
Monillas said it never came before Council. Mayor Earling requested Councilmember Bloom and Council
President Fraley-Monillas cease their discussion.
Councilmember Petso said she could not recall a Councilmember calling in after the Council's adoption
of Robert's Rules. The City Attorney stated last week that Robert's Rules do not permit a Councilmember
to call in unless a process has been established. A Council committee comprised of Council President
Fraley-Monillas and former Councilmember Peterson forwarded it to full Council but that was not done
by Councilmember Buckshnis who was the Council President at that time. She recommended the Council
adopt the resolution and move on.
9. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
This item was not needed.
10. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
This item was not needed.
11. ADJOURN
With no further business, the Council meeting was adjourned at 8:45 p.m.
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