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06/16/2015 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES June 16, 2015 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5 h Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT STAFF PRESENT Dave Earling, Mayor Phil Williams, Public Works Director Adrienne Fraley-Monillas, Council President Shane Hope, Development Services Director Diane Buckshnis, Councilmember Rob English, City Engineer Kristiana Johnson, Councilmember Jeff Taraday, City Attorney Lora Petso, Councilmember Scott Passey, City Clerk Thomas Mesaros, Councilmember Jerrie Bevington, Camera Operator Michael Nelson, Councilmember Jeannie Dines, Recorder ELECTED OFFICIALS ABSENT Joan Bloom, Councilmember 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Bloom. 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 Petso requested Item E be removed from Consent Agenda as this was the first time the Council had seen this item and a complete packet was not provided. Council President Fraley-Monillas requested Item C be removed from the Consent 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: A. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF JUNE 9, 2015 B. APPROVAL OF CLAIM CHECKS #214662 THROUGH #214805 DATED JUNE 11, 2015 FOR $274,296.03 (REPLACEMENT CLAIM CHECK #214702 $2,000.00) . APPROVAL OF REPLACEMENT PAYROLL CHECK #61645 DATED JUNE 11, 2015 FOR $572.88 D. REAPPOINTMENT OF MIKE POPKE TO THE EDMONDS PUBLIC FACILITIES BOARD Edmonds City Council Approved Minutes June 16, 2015 Page 1 F. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH MURRAY, SMITH & ASSOCIATES FOR THE 2016-2017 WATERLINE REPLACEMENT PROGRAM G. RENEWAL OF INTERLOCAL AGREEMENT WITH THE SNOHOMISH COUNTY REGIONAL DRUG & GANG TASK FORCE 2015-2016 H. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH KPG, INC FOR THE 238TH ST SW WALKWAY AND DRAINAGE IMPROVEMENTS PROJECT I. AUTHORIZATION FOR MAYOR TO SIGN THE 2015-2019 COMMUTE TRIP REDUCTION AGREEMENT J. SPRINT MASTER USE AGREEMENT AND SITE USE AGREEMENT FOR INSTALLATION, OPERATION AND MAINTENANCE OF WIRELESS EQUIPMENT IN CITY RIGHTS -OF -WAY ITEM E: RENEW SNOHOMISH COUNTY ILA FOR IT EQUIPMENT COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO SCHEDULE THIS ON NEXT WEEK'S CONSENT AGENDA WITH A COMPLETE PACKET INCLUDING A COPY OF THE CONTRACT. MOTION CARRIED UNANIMOUSLY. ITEM C: ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM SHIRLEY OLSEN $8( 67.24) Council President Fraley-Monillas commented on the suspicious damage to Ms. Olsen's condominium from the concession in the park. She relayed that concessionaire was not invited back this summer. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVED ITEM C. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Scott Blomenkamp, Edmonds, requested the City Council consider a motion for miscellaneous review of the development project at 23220 Edmonds Way per chapter 20.100.040.B. The City has a compelling interest due to the issues occurring as part of the development. He referred to information he provided the Council via email and said the key issues include that he has continually been told by the City that developers do not have to abide by Section 18.45.010, that there is an exemption for ADB reviewed developments. Any competent attorney including the City Attorney will say that is not correct; the exemption under 18.45 is only for single family improved lots, unimproved lots not capable of subdivision and routine maintenance, Public Works, install public utilities, and emergency situations. There is only a procedural exemption; a procedural exemption is for procuring the permit, not the procedures of clearing the lot. That section also states ADB review of clearing proposals shall be consistent with and apply to the standards established by this chapter which includes the performance of how trees are cleared from a lot. He noted this company has not done its due diligence in multiple places. Section 20.100.040 also references nuisance or hazard. Although he did not have the arborist report issued last Thursday, the arborist verbally told him and the developer that the tree was a hazard. Further, the developer has not abided by the ADB review; the ADB explicitly saw the trees on his property and the property to the south as the Type I buffer for that development. With the destruction of those trees, fundamentally requiring they be removed because they are a hazard, the project is not abiding by the Type I buffer. Edmonds City Council Approved Minutes June 16, 2015 Page 2 Walter Gear, Edmonds, resident of Elm Way at the corner of 220th/Elm Way & 9th/100th, relayed concern with the lack of sidewalks on that steep slope for children to reach the bus stop at 8th & Elm. He petitioned the Council for funding for a sidewalk so children have safe access to the bus stop. He referred to a sidewalk constructed earlier this year for Sherwood Elementary and another street and requested that project be continued and possibly increased in priority. Mayor Earling suggested Mr. Gear provide his name and address to Public Works Director Phil Williams. Sean O'Donnell, Edmonds, a resident on Elm Way, introduced his wife and 7-year old daughters. He echoed Mr. Gear's concerns with the lack of sidewalks on the curved roadway west from 100th to 8th Avenue. As a police officer for 38 years trained in identifying traffic safety hazards, he assured it was not safe for children to walk in the street particularly with vehicle speeds that are above the posted 25 mph. There are 5 families on the stretch of road with children younger than 12-years old. He asked for the Council's support for funding for a sidewalk and curb on that portion of roadway so that children can safely walk to school as well as for the many other pedestrians walking to 100th. Roger Hertrich, Edmonds, referred to material related to the Comprehensive Plan update and expressed concern that although some changes were identified in the redline version, other changes had been made without indicating where the material had been moved. After comments he and Natalie Shippen made at the Planning Board public hearing, the Planning Board indicated they would make minor changes. He also expressed concern the pages numbers in the information provided to the Planning Board did not match the page numbers in the Council packet. Mayor Earling introduced Kevin Mendez who has been selected to participate in the American Legion's Boys State Program. 5. PUBLIC HEARING ON PROPOSED 2015 COMPREHENSIVE PLAN UPDATE Development Services Director Shane Hope said no specific action is expected tonight; this is an informational presentation, an opportunity to see the elements all together that the Council has reviewed individually and to hear from the public. Ms. Hope provided: • Background o Comprehensive plans provide framework for how communities grow & plan for future needs o Under state GMA, most cities and counties must complete major review & update plans at least every 8 years ■ Council directed the focus of updates be on information and data as well as housekeeping changes and to add performance measures where appropriate ■ Current deadline is mid-2015. o Edmonds' Comp Plan must comply with state laws & be consistent with regional planning policies (Vision 2040 thru PSRC) & countywide planning policies (thru Snohomish County & SCT process) Process Overview o Public Process ■ 31 public meetings ■ 10 public hearings ■ 2 open house events ■ Discussion at additional board/commission/committee meetings ■ City newsletter information ■ Notices published in newspaper and posted in usual places: City Hall, Library & Public Safety Building ■ Public meetings/hearings broadcast on EdTV - Available on both Frontier and Comcast cable systems Edmonds City Council Approved Minutes June 16, 2015 Page 3 ■ Background materials & draft documents available online - Through the City's website: www.edmodnswa.gov - Press releases issued & articles published Ms. Hope display a timeline for the Comprehensive Plan update, explaining the public process took about 10 months. The Elements are basically the same as reviewed by the Council with a few minor changes. One of the reasons the Planning Board did not make a lot of changes at the conclusion of their review was they recommended changes to each Element which were made and then presented to the City Council. The Council also identified several changes which have been incorporated into the draft Elements. Ms. Hope provided an overview of the update to each Element: • Community Sustainability o Few substantive changes are proposed o Changes center on adding text for energy efficiency and waste reduction at city facilities o Performance measure & key implementation action added: ■ Performance measure: Annually report on energy usage within the City, both by City government and by the larger Edmonds community ■ Implementation Date: Due 2017 - Update the City's Hazard Mitigation Plan to reference emerging risk and hazards related to climate change, such as rising sea levels and ocean acidification. • Land Use o Updates to this Element focus on new data, including population data for next planning period o With addition of new data, rewriting of some narrative sections and replacement of outdated figures were needed o Section on design guidelines was moved to Urban Design Element o Other changes included reformatting text • Housing Element o Used new Census data and updated housing targets, consistent with countywide planning policies o Removed outdated section on County's Housing Affordability Strategy ■ Noted new partnership with alliance for Housing Affordability o Reformatted goals & policies and minor rewording o Added Performance Measure and key "Implementation Action" ■ Performance Measure: Report the number of residential units permitted each year with a goal of reaching 21,168 units by 2013, or approximately 112 additional dwelling units annually from 2011 to 2035 ■ Implementation Action: Due 2019 - Develop a strategy for increasing the supply of affordable housing and meeting diverse housing needs • Economic development o Much of background narrative was rewritten to account for outdated information o Policies were modestly reviewed, e.g. to address tourism o Information on Strategic Action Plan was added o Performance measure was added: ■ Report the number of jobs within the City each year with a goal of reaching 13,948 jobs, excluding jobs within the resource and construction sectors, by 2035. This would require adding approximately 95 jobs annually from 2011 to 2035 • Community Culture & Urban Design o Added narrative to recognize significance of arts & historic preservation o Simplified Urban Design goals and policies o Moved Urban Design Goals & Objectives from Land Use Element to Urban Design Element o Added new section: "Streetscape and Street Trees" Edmonds City Council Approved Minutes June 16, 2015 Page 4 o Made data, housekeeping and format updates o New Implementation Actions added: ■ Implementation Action 1: Due 2016 — Develop an update to the Street Tree Plan ■ Implementation Action 2: Due 2017 — Develop an Urban Forest Management Plan Utilities o Few changes are proposed for this element because detailed information is included in separate functional plans of each utility o New performance measure added: ■ Lineal feet of old water, sewer, and stormwater mains replaced or rehabilitated both annually and program -to -date Capital Facilities o Added inventory maps and list of capital facilities o Added text for "concurrency management" o Capital Facilities Plan (CFP) included several minor changes to project list o Data, housekeeping & format updates were made o Performance measure added: ■ Project delivery, based on comparison of expected results from the approved CFP to the actual results In response to Planning Board discussion, staff suggested the performance measure could be reworded to say: project delivery results, based on comparing projects in the CFP to what was actually done on the projects Transportation Element o Narrative and formatting was updated o Policies were consolidated/streamlined o Changes included Planning Board/City Council direction o Project list was update o Performance measure added ■ Number of linear feet of sidewalk renovated or added to the City's sidewalk network Other documents proposed for adoption by reference o Shoreline Master Program (SMP goals and policies automatically included per State law) o Stevens Memorial Hospital Master Plan ■ Development regulations refer to plan; need to incorporate specifics into language of Comprehensive Plan or update regulations. Recommend keep as reference and update development regulations as part of code rewrite o Community Cultural Plan (2014) o Parks, Recreation & Open Space Plan (2014) Proposed Appendices o Streetscape Plan (2006) with updated Street Tree Plan (2015) o Proposed changes to Street Tree Plan (2015) include minor updates to tree species list and Street Tree Plan ■ Poor performing species were removed from list & replaced with other species Ms. Hope reviewed the current process: • Planning Board public hearing and recommendation: o After public comments and discussion, Planning Board made various minor amendments (included in current Plan update) and recommended that draft Plan, as revised, move forward to City Council for action • Additional Changes to Draft Comprehensive Plan Update: o Staff may make technical corrections to text, format, etc. and add graphics to cover page o City Council may direct specific changes She described recent and next steps: Edmonds City Council Approved Minutes June 16, 2015 Page 5 Planning Board: June 10 public hearing and recommendation City Council: June 16 public hearing June 23 discussion July 7 decision on adoption Don Samdahl, Fehr & Peers, reviewed the Transportation Plan Outline: • Introduction • Goals & Policies — includes updates from Planning Board and Council; comparison table in appendix • Transportation Network — includes project lists reviewed in April • Implementation and Financial Plan — includes material reviewed in May with updates To meet GMA requirements, recommendations and level of service (LOS) standards are provided for four modes of travel: • Roadway (includes autos and trucks) • Pedestrians • Bicycles • Transit Mr. Samdahl reviewed projects costs: Category Costs (Million) Roadway $ 49 Pedestrian and Bicycle $ 35 Preservation and Maintenance $ 44 Other Traffic Calming, operations, SR 104, etc. $ 12 Total Cost $150 He compared costs to revenues: Category Costs (Million) Total Costs $150 Existing Funding Sources $ 60 Revenue Shortfall $ 90 Potential Additional Optional Sources $144 Councilmember Buckshnis commented in reviewing the materials, she found Appendix F but not Appendices A-E. Ms. Hope answered Appendices A-F are in the Streetscape Plan; only Appendix F, the Street Tree Plan, was changed. Councilmember Buckshnis complimented Ms. Hope on the Comprehensive Plan update, advising that it reads very well. She asked about adopting the Stevens Memorial Hospital Master Plan by reference, noting it was not included in the packet. Ms. Hope advised it was emailed to Councilmembers this afternoon. She said the Hospital's Master Plan has been part of the Comprehensive Plan for many years. Councilmember Buckshnis asked whether the name should be changed. Ms. Hope said that could be done. Councilmember Petso asked the legal effect of attaching something to the Comprehensive Plan as an appendix rather than incorporating it by reference. Ms. Hope answered it makes it clearer that it is not a required component but rather informational that is considered part of the Comprehensive Plan. Councilmember Petso asked whether it needed to be incorporated by reference if the Council wanted it to be required. Ms. Hope answered not necessarily; a lot of things are required that are not in the Comprehensive Plan such as plans and codes, the Strategic Action Plan, etc. Councilmember Petso Edmonds City Council Approved Minutes June 16, 2015 Page 6 commented she had not viewed the Strategic Plan as required. Next, Councilmember Petso relayed public input she has received that while the Harbor Square Master Plan is off the table for the City, it is part of the Port's Strategic Plan and Master Plan. Ms. Hope answered it may be but the Port's Master Plan is not proposed to be adopted by reference as it used to be. With regard to the Stevens Memorial Hospital Master Plan, Councilmember Petso commented 1994 is quite old. After searching the code today, she was unable to find a substantive reference to any code requirements but did find a code section that references things in the Comprehensive Plan. She asked if that section of the code could be changed, reviewed by the Planning Board and adopted by Council by mid -July and then the Comprehensive Plan adopted so that the code and Comprehensive Plan were consistent. Ms. Hope answered the theory is possible but the practicality may not be because there are a lot of steps to accomplished before the code can be adopted including notice requirements, SEPA, etc. Assuming it was not complicated, that process typically takes about three months. If that is something the Council wants, it could be done but it would slow down the Comprehensive Plan considerably. Another option is to note this is a continuing concern and address it with the code rewrite and via a minor update to the Comprehensive Plan next year. Councilmember Petso asked whether that and the Urban Design Guidelines could be done. Ms. Hope answered the Urban Design Guidelines would take additional time. Councilmember Petso asked whether the critical area maps will be part of the Comprehensive Plan. Ms. Hope answered no, they never have been. The codes related to critical areas will be updated in the near future. Councilmember Petso referred to public comment earlier in the meeting and suggested tweaking the Transportation Plan to add a sidewalk. Public Works Director Phil Williams answered the City does not have an annual budget to build new sidewalks. The City has obtained three grants during the past four years via Safe Routes to Schools. He was uncertain how that section would score in Safe Routes to Schools or how it would rank in the City's walkway plan. Adding it to the Comprehensive Plan based on testimony provided tonight may be jumpstarting it more than he was comfortable doing as the same case could be made in many places in the City. He said this section may have additional concerns and staff will look at it. Councilmember Petso asked if there was a list of projects that were being considered but were not yet funded such as the short walkway list. Mr. Williams said the short walkway list is typically missing links between sections of sidewalk that could be addressed via a small project. He assured staff will look at the area and report to Council. Councilmember Petso commented staff may find it quite worthy of a sidewalk. Councilmember Petso referred to the bike lane proposed on 9th Avenue, relaying there may be intersections where bike lanes are impossible without creating congestion issues such as in Westgate, 238th, and other locations. She suggested using a different color on the map to indicate a bike lane/sharrow. Mr. Samdahl responded the bike routes/lanes proposed in the plan are places where the City would like to have facilities; those issues would be addressed once a project reached the predesign phase. He suggested making a notation or using a different color in locations where it may be more difficult to create those facilities. Councilmember Petso asked Mr. Samdahl to describe the SR 104 projects and costs. Mr. Samdahl answered there are two projects on the Transportation Element project list, 1) traffic signal at 238th @ SR 104 with pedestrian treatments, 2) the addition of a second left turn lane westbound at 76th @ SR 104. There are also crosswalk treatments and pedestrian signing as well as several things around Westgate including gateway signing, access management treatments, pedestrian crossings, etc. The total cost of all the projects is approximately $8 million, half of that is for first two projects. He offered to provide the draft list as soon as it is provided to staff, tomorrow or Thursday. Edmonds City Council Approved Minutes June 16, 2015 Page 7 Councilmember Petso recalled earlier in the process she relayed a concern that the park acreage in the Land Use Element was inconsistently with the park acreage in the Parks, Recreation and Open Space Plan. She asked whether those numbers had been adjusted. Ms. Hope recalled the Parks & Recreation Department indicated there were different ways of measuring park acreage. She offered to return with more specifics at next week's study session. Councilmember Petso noted the Parks Plan overstates the acreage such as counting the library as a park and she questioned how the Land Use Element could identify even more park acreage. Council President Fraley-Monillas asked whether there was a policy or plan with regard to sidewalks to schools and parks. Mr. Williams answered yes, there is a rough priority with regard to where funds would be invested in sidewalks first such as walking routes to schools, connections between key employment centers, the medical center, etc. Council President Fraley-Monillas asked about sidewalks leading to parks. Mr. Williams answered a park would be considered a pedestrian generator but it would depend on the number of pedestrians using that route which is one of criteria; safety is another concern. Council President Fraley-Monillas commented Mathay Ballinger is the only park on the east side of City and there are no sidewalks in the area. Council President Fraley-Monillas commented it was difficult to track changes in the Comprehensive Plan. She suggested including a note indicating where material had been moved. Ms. Hope agreed a flag or comment could be added to clarify where information was moved. Council President Fraley-Monillas commented although the Council has previously reviewed all the information, it is difficult to track some changes when reviewing the overall Plan. Council President Fraley-Monillas asked when the update is due to the State. Ms. Hope answered the due date is June 30. The State has been provided a draft and staff does not believe there will be any issues with adopting the updated Comprehensive Plan on July 7. However, beyond June 30, the City is not in compliance and could be unable to obtain grants. The City is still waiting for comments from the State and Puget Sound Regional Council (PSRC) who must certify the Plan. Councilmember Buckshnis commented in reading the Stevens Memorial Hospital Master Plan, there are some things Swedish is not abiding by. She asked whether the City was legally bound by the language with regard to healthcare, growth, medical buildings, reducing the scale, multiple sites on campus, etc. since it was written by Stevens' employees and now the facility is operated by Swedish. City Attorney Jeff Taraday said he was not familiar with the contents of the Master Plan. As a general principle, incorporating the Master Plan into the Comprehensive Plan would require consistent development regulations. It appears the Master Plan addresses things unrelated to the City's development regulations. Councilmember Buckshnis said there is language regarding heights and transportation but there is also philosophical language regarding healthcare providers and the future of the hospital, mission statement type of things. Mr. Taraday commented the purpose of incorporating a subarea plan into the Comprehensive Plan would be to further flesh out the vision for that part of the City and any development regulations would need to be consistent with that vision. Councilmember Buckshnis commented the hospital is operated by a different entity that has a different vision. Mr. Taraday offered to review the Master Plan and discuss it with Ms. Hope. Councilmember Nelson asked whether all the changes were included in the redlined version. Ms. Hope answered yes, other than the Economic Development Element where the narrative was replaced. Councilmember Nelson referred to the new solid waste goal regarding zero waste that is not shown as a new goal. Ms. Hope offered to check on that. Mayor Earling opened the public participation portion of the public hearing. Edmonds City Council Approved Minutes June 16, 2015 Page 8 Roger Hertrich, Edmonds, referred to the Transportation Plan, noting there is a lot of new information. The most striking is 90 accidents between 2009 and 2014 at SR 104 & 100th, yet there are no improvements proposed. The closest number of accidents is 75 at 238th & Hwy 99. He has supported a deceleration lane/right turn lane on SR 104 to relieve congestion at that intersection. With regard to Puget Drive/SR 524 & 88th, he noted the present LOS is B and projected to be F in 2035. He noted the Plan still includes a signal at 9th & Main. Hearing no further comment, Mayor Earling closed the public 6. MAYOR'S COMMENTS Mayor Earling reminded of the Edmonds Arts Festival Friday through Sunday, one of the largest art festivals in the State and a wonderful experience from the great art to entertainment, food booths, etc. He assured it would be a terrific weekend and there is no charge at the gate. 7. COUNCIL COMMENTS Council President Fraley-Monillas reminded there will be an executive session at the end of the meeting. Councilmember Buckshnis reminded of the preview party for the Edmonds Arts Festival tomorrow night; tickets are still available. Councilmember Buckshnis reported on the Lake Ballinger McAleer Creek Watershed Forum. Due to her work with WRIA 8, they plan to get some of the CIP projects onto the WRIA 8's 10-year and 3-year list instead of having them funded by individual cities. Mayor Earling advised committee reports will be scheduled on the agenda of the last Council meeting of the month. Councilmember Johnson wished everyone a Happy Father's Day on Sunday. 8. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 8:15 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 10 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Petso, Mesaros and Nelson. Others present were City Attorney Jeff Taraday and City Clerk Scott Passey. The executive session concluded at 8:25 p.m. 9. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the regular City Council meeting at 8:25 p.m. Edmonds City Council Approved Minutes June 16, 2015 Page 9 10. ADJOURN With no further business, the Council meeting was adjourned at 8:25 p.m. DAVID O. EARLING, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes June 16, 2015 Page 10