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03/03/2015 City CouncilEdmonds City Council Approved Minutes March 3, 2015 Page 1 EDMONDS CITY COUNCIL APPROVED MINUTES March 3, 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 (arrived 7:03 p.m.) Michael Nelson, Councilmember (seated at 8:37 p.m.) ALSO PRESENT Noushyal Eslami, Student Representative STAFF PRESENT Jim Lawless, Assistant Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Rob English, City Engineer Bertrand Hauss, Transportation Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Mesaros. 2. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. (Councilmember Mesaros was not present for the vote.) 3. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Bloom requested Item F be removed from the Consent Agenda. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Mesaros was not present for the vote.) The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 24, 2015 B. APPROVAL OF CLAIM CHECKS #213005 THROUGH #213121 DATED FEBRUARY 26, 2015 FOR $560,279.01. APPROVAL OF PAYROLL REPLACEMENT CHECK #61519 FOR $12.33 Edmonds City Council Approved Minutes March 3, 2015 Page 2 C. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH PERTEET FOR THE 228TH ST. SW CORRIDOR PROJECT D. AUTHORIZATION FOR MAYOR TO SIGN A GRANT AGREEMENT WITH THE STATE RECREATION AND CONSERVATION OFFICE (RCO) FOR $157,331 FOR THE PRELIMINARY DESIGN AND ENVIRONMENTAL PERMITTING OF THE WILLOW CREEK DAYLIGHTING PROJECT E. AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY OF LYNNWOOD TO FORMALIZE ROLES, RESPONSIBILITIES AND USAGE OF EXISTING AND PROPOSED EMERGENCY INTERTIES THAT INTERCONNECT WATERMAINS BETWEEN THE CITY OF EDMONDS AND CITY OF LYNNWOOD ITEM F: AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH THE BLUELINE GROUP FOR CAPITAL PROJECTS CONSTRUCTION MANAGEMENT, ENGINEERING & INSPECTION SERVICES FOR 2015 Councilmember Bloom recalled the Council approved a contract with the Blueline Group in 2013 for $170,000. The Council was told the reason for contract, which is a much higher hourly rate, was one project manager position the Council had approved had not been filled. Now staff has stated all the positions have been filled but the contract with the Blueline Group was increased 2.75 times the original contract to $293,000. She summarized it did not make sense to her to contract with the Blueline Group at a much higher hourly rate to do work that the City’s project managers can do. If there needed to be more project managers, the Council should be asked to approve additional positions. She pulled this item to vote against the contract. Public Works Director Phil Williams recalled this question was raised during the discussion at the study session, question. He agreed one of the primary reasons for a third project manager in 2013 was the City’s increased capital program which is approximately triple the size of the program when he joined the City. In the past 1½ years review and inspection related to private development has significant increased, putting more and more demands on the engineering division and creating a need for help with inspections and construction management activities. There will always be a City capital project manager assigned to every project/task but staff needs need help with the field work. Councilmember Bloom asked why staff did not request another project manager versus contracting with the Blueline Group for $293,000. Mr. Williams answered development is currently in an upswing but the economy could lag in the future. Rather than hiring permanent staff, it is better to staff for a reasonable peak and hire assistance when the workload exceeds that which is what this contract does. Councilmember Johnson asked if the hourly rate is significantly higher. Mr. Williams answered it is not significant higher than what it would cost to hire other engineering firm. He agreed it was higher than what the City pays a capital project manager but an employee’s salary does not include all their overhead. Even if the overhead is included, the private hourly wage is somewhat higher than the City’s hourly wage because the contracting entity needs to make a profit. Conversely Blueline is not paid anything if there is no work for them to do. Councilmember Johnson observed there is a direct correlation between the workload. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AUTHORIZE THE MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH THE BLUELINE GROUP FOR CAPITAL PROJECTS CONSTRUCTION MANAGEMENT, ENGINEERING & INSPECTION SERVICES FOR 2015. MOTION CARRIED (5-1), COUNCILMEMBER BLOOM VOTING NO. Edmonds City Council Approved Minutes March 3, 2015 Page 3 4. AUDIENCE COMMENTS Fred Gouge, Edmonds, Port of Edmonds Commission, announced a new tenant at the Port, Puget Sound Express, a whale watching excursion. Puget Sound Express has been in the Port Townsend area for 30 years; this is their third boat, travels 40 mph and holds 60 people. There will be two excursions per day beginning in May. This is a great thing for the Port, economic development and tourism. He welcomed Puget Sound Express to Edmonds. A familiarization tour will be held this month; Executive Director Bob McChesney will contact Councilmembers. 5. PUBLIC HEARING AND POTENTIAL ACTION REGARDING THE NAMING OF FIRE STATION #16 Public Works Director Phil Williams explained the proposal is to name Fire Station #16 after a prominent Edmonds citizen, Betty Mueller, who made many civic contributions. The naming policy requires the Council hold a hold public hearing. If the Council chooses to move forward with the naming, staff will meet with the proponents and/or take input from Council. Staff offered 3-4 options in a previous agenda item memo with regard to the memorial signage and the cost; once a decision is made, it will provide a target for those who are raising funds. Mayor Earling opened the public participation portion of the public hearing. David Page, Edmonds, explained Betty Mueller helped create this building, the fire station, the police station as well as Fire Station #16. He was reminded of Betty Mueller when seeing the “We Can Do It” WWII sign; she was the picture of strength, moral fiber, and character. He met Betty in 1992 when she was already 70 years old and her efforts were astounding. The community wants to honor Ms. Mueller because she was a community organizer before there were community organizers. When the Public Safety Building was envisioned, the City was in financial difficulty and the Council voted against creating a new set of buildings although the buildings were in terrible condition. Ms. Mueller volunteered for many other things including the 4th of July parade, Museum Board, led the petition drive to ban casinos in Edmonds, was one the first to speak against tall building in Edmonds, was the founder of the Police and Fire Foundations and ACE, Chair of the Bond Committee that raised money to put the bond issue on the ballot and rallied the police and fire staff to raise $17,000 for that effort. He also recognized Community Services Director Paul Mar who at that time led tours of the deteriorating buildings, etc. A Betty Mueller Dedication Fund has been created at Union Bank, 123 3rd Avenue S, with the goal of raising $3,000; $600 has been raised so far. Steve Bernheim, Edmonds, urged the Council to approve honoring Betty Mueller by naming Fire Station #16 in her honor. He recognized her for founding ACE which was primarily a forum for residents. He suggested the signage on the building be small because that was what Ms. Mueller would want. Roger Hertrich, Edmonds, said he and Betty Mueller became friends a long time ago when her husband was involved in political activities. When he passed away, Ms. Mueller took over and has been a friend to many in Edmonds. She helped him on his City Council campaign and organized the antique truck that the entire Council rode in during Edmonds’ centennial celebration. He spoke in favor of this effort to acknowledge her involvement in the City and urged the Council to support it. Alvin Rutledge, Edmonds, recalled two previous naming efforts via the Parks & Recreation Department. He suggested all the names be included on the plaque but was told there were too many names. He did not question naming Fire Station #16 after Betty Mueller but the process should be the same as was utilized for the other two parks. Edmonds City Council Approved Minutes March 3, 2015 Page 4 Rich Demeroutis, Edmonds, echoed the previous comments. He had the honor to have Betty Mueller in his life since about 1991/1992. He recalled the first time he met Ms. Mueller, he was in the 4th of July parade without a permit supporting Mayor McNaughton who was running for a third term when there was a two term limit. He can still hear her voice in his mind, how passionate she was about so many things involving the City and the Fire and Police Departments; she was a friend to anyone who needed a friend and opened her house to new hires at no charge. He appreciated the effort to name Fire Station #16 in her honor and suggested having her family involved in selecting a suitable tribute. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BLOOM, THAT THE COUNCIL APPROVE NAMING FIRE STATION #16 IN HONOR OF BETTY MUELLER. Council President Fraley-Monillas asked whether the Council needed to identify the cost. Mr. Williams explained three possible approaches were identified that could vary in cost from a few hundred dollars to less than $3,000. The design will depend on the fundraising; there are options to satisfy nearly any budget. Council President Fraley-Monillas asked whether the Council needed to specify the budget or could the committee determine the amount depending on how much was raised. Mr. Williams said there was no committee at this time; he would be happy along with Jim Stevens to work with Dave Page and Rich Demeroutis and whoever else wanted to be involved to find a suitable signage option to match the funds that were raised. Council President Fraley-Monillas suggested amending the motion to state the committee will determine how much to spend. COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, THAT THE COUNCIL APPROVE NAMING FIRE STATION #16 IN HONOR OF BETTY MUELLER AND SHE WILL SIT ON THE COMMITTEE WITH MR. WILLIAMS, MR. STEVENS AND MR. PAGE AND WHOEVER ELSE WANTS TO PARTICIPATE TO DEVELOP A DOLLAR AMOUNT FOR THE PLAQUE. MOTION CARRIED UNANIMOUSLY. 6. AUTHORIZATION TO SELL CITY ASSET Assistant Chief Jim Lawless apologized for the short notice, advising this has been in the works for a while but came about quickly. He explained the Edmonds Police Department has had two K9s since the mid-1990s and have been able to maintain the program with the assistance of the Edmonds Police Foundation who has funded the purchase of dogs. When the second K9 program began, the Foundation also raised funds to purchase and equip the vehicle so that there was no capital outlay by the City. One of the current K9 handlers was recently promoted twice and it was not practical for him to remain a K9 handler. There are also staffing issues; three officers are currently in the police academy. With a retirement effective March 16, there are three vacancies and several officers who are out on extended injury. Even if the three vacant positions were filled tomorrow, it would take approximately eight months to have officers who are viable on their own. Some of the younger officers have expressed interest in filling the K9 position but they do not have the time on job to meet the qualifications. The Department’s current dog, Kira, was purchased in 2011 with funds from the Edmonds Police Foundation. She is carried as a City asset but no funds were expended for her purchase. The Department is not in a position to fill the second K9 position until the third quarter of 2015 at the earliest and more Edmonds City Council Approved Minutes March 3, 2015 Page 5 likely the first quarter of next year. The dog has a working life and cannot just sit in a kennel or at someone’s house during the interim; her skills need to be maintained and there needs to be dedicated training. Staff reached out to several agencies about purchasing and continuing to utilize Kira during her remaining working life of approximately 4-5 years. In principal an agreement was reached with the City of Everett to purchase Kira to integrate into their K9 program. The agreed upon price is the amount the Foundation paid for Kira as a puppy, $1500. The training costs are the officer working with the dog; the officer must train with the dog for four months to be State certified. The training period and certification is the same whether it is a puppy or an adult dog. He acknowledged Kira is trained and the Department has time invested, but the resale value is what the market will bear. Everett could purchase an adult dog for $9,000. Edmonds has purchased puppies both for financial reasons and so more is known upfront about the dog. The Department has reached an agreement with Everett; both the Edmonds and Everett City Attorneys have agreed on the language for the sale as well as the hold harmless agreement given the nature of the training and the liability associated with a police K9 dog. Council President Fraley-Monillas expressed her appreciation to ACOP Lawless for explaining to the Council why the Department will go from two to one K9. Councilmember Buckshnis observed Kira is no longer a puppy at five years old. She understood the price of $1500 but thought a more mature, trained dog would result in a higher price. ACOP Lawless said the intent is to maximize the life of dog. Everett’s other option was to purchase an adult dog which would be younger than Kira, typically 12-16 months old, when the price increases exponentially and they still have to train the dog. Even though Kira has an anticipated working life, Everett is taking a chance. One of their handlers evaluated Kira, checked the training records and worked with the current handler. The Department reached out to several agencies and although several expressed interest, Everett was the only agency that followed through. The only other option is Kira sits and languishes if she is not sold. The price is what the market will bear. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BLOOM, THAT THE COUNCIL AUTHORIZE THE SALE OF POLICE K9 KIRA TO THE EVERETT POLICE DEPARTMENT. Councilmember Mesaros asked where the $1500 would go, whether it would be dedicated to the purchase of a future dog or would be placed in the General Fund. ACOP Lawless anticipated it would go into General Fund. Since the Foundation donated the funds to purchase Kira, another option would be to return the funds to the Foundation’s dedicated K9 fund. Every time the Department has purchased a dog during the last 18 years, it has been with funds provided by the Edmonds Police Foundation. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO RETURN THE FUNDS TO THE EDMONDS POLICE FOUNDATION DEDICATED TO THE K9 FUND. AMENDMENT CARRIED UNANIMOUSLY. Councilmember Johnson observed the K9 unit is a very valuable asset to the City. She asked how long it will take to reinstate the K9 unit. ACOP Lawless answered the goal is to select a handler and purchase a dog fourth quarter 2015 or the first quarter 2016. Once the selection and purchase is made, training and State certification take approximately four months. The handler and dog do not perform a K9 function until are certified. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes March 3, 2015 Page 6 7. CITY PARK AWARD OF BID FOR SPRAY PAD AND AUTHORIZING MAYOR TO SIGN SUPPLEMENTAL AGREEMENT Parks, Recreation & Cultural Services Director Carrie Hite explained there are two actions tonight, 1) award bid to Aquatic Specialty Services for the provision of the spray pad equipment for the City Park project, and 2) authorize the Mayor to sign a supplemental agreement with Site Workshop for additional services. During a presentation in December, Council approved a budget that included $280,000 for spray pad equipment. An RFP process resulted in two bids; the Council packet includes the bid tabulations. Staff analyzed and scored the bids and would like to award the bid to Aquatic Specialty Services. She displayed a drawing of the spray pad in its entirety, identifying the older kids’ area on the south end with the super soaker bucket and many twirling play items, and the younger kids’ area and rocks where a custom feature designed by Site Workshop will be located. She displayed a close-up view of the older kids’ area with the super soaker bucket, helices and arches. She displayed a close-up view of younger kids’ area with water sprouts on the ground and interactive features. She explained the spray park was designed with age zones so that older kids do not run through younger kids and knock them down. The customer feature designed by Site Workshop will include ramps, ladders, etc. The City received two bids; the winning bid was the same contractor that the City signed a contract with last year for the first design of the spray pad. Their bid is under budget and meets the technical specifications in the RFP. The second action is to authorize mayor to sign a supplemental agreement with Site Workshop. 1. The SEPA for the spray pad received a Determination of Non-Significance but there were concerns with pedestrians accessing the site. At the recommendation of City’s Transportation Engineer, Site Workshop will design a lighted crosswalk as part of the bid packet. 2. To save money on the spray equipment, Site Workshop was asked to prepare a separate bid process and packet for the spray equipment. That design cost an additional $5,700 but saves $55,000 by avoiding the contractor’s 20% markup on the equipment. That amount was included in the budget the Council approved in December. Councilmember Buckshnis commented the design looks really cool. She asked whether the helices flip around and could injure someone. Ms. Hite answered they twirl around; all the play/spray equipment has been certified by the Playground Safety Institute and they would not sell it if people got injured on it. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AWARD THE BID TO AQUATIC SPECIALTY SERVICES FOR THE SPRAY PAD AT CITY PARK. MOTION CARRIED (5-1), COUNCILMEMBER JOHNSON VOTING NO. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AUTHORIZE THE MAYOR TO SIGN SUPPLEMENTAL AGREEMENT WITH SITE WORKSHOP FOR ADDITIONAL SERVICES. MOTION CARRIED UNANIMOUSLY. Council President Fraley-Monillas asked when the spray park will be finished. Ms. Hite answered the bid documents will be finished in the next few weeks and she will be back to Council in about a month with a request for an award of bid for the contractor. The bid package will be out in the public for 2-3 weeks for bidding and then back to Council for consideration. She has heard the market is more aggressive and competitive but was hopeful the project would be under budget. If not, she will return to Council to request additional funds. The goal is to award the bid by April, break ground mid-April and complete the project by mid-July. Edmonds City Council Approved Minutes March 3, 2015 Page 7 8. PRESENTATION OF PROPOSED GOALS & POLICIES OF THE 2015 TRANSPORTATION ELEMENT PLAN Development Services Director Shane Hope explained the Comprehensive Plan is under review to meet the State deadline for updating the plan by June 30, 2015. The City Council and Planning Board have been doing a sequential review of elements. No action is required tonight; the Transportation Plan will come to City Council several more times during drafting and final adoption process. Transportation Engineer Bertrand Hauss explained the last Transportation Plan was completed in 2009; GMA requires it be updated every 6-8 years. The project began in October 2014 and is scheduled to be completed in June 2015. The main purpose of the plan is to identify deficiencies as well as identify proposed improvements for those deficiencies for various modes of transportation in order to support projected land use and projected growth through 2035. One of the tasks is to update goals and policies. The intent of this item is to accept Council comments. Don Samdahl, Fehr and Peers, explained he and staff met with the Planning Board a couple weeks ago; their comments have been incorporated into the document. He reviewed GMA requirements for the Transportation Element: • Travel forecasts align with land use assumptions • Intergovernmental coordination • Define level of service for all modes • Projects align with level of service objectives • Financially constrained • Goals & Policies layout is consistent with the rest of the Comprehensive Plan He highlighted Puget Sound Regional Council Vision 2040 requirements: • Maintenance, Management, and Safety – Maintain, preserve, and operate the existing transportation system in a safe and usable state • Support the Growth Strategy – Support the regional growth strategy by focusing on connecting centers with a highly efficient multimodal transportation network • Greater Options, Mobility, and Access – Invest in transportation systems that offer greater options, mobility, and access in support of the regional growth strategy Mr. Samdahl reviewed State guidance related to goals and policies: • Goals and polices define priorities in written terms • Address all modes of travel (autos, transit, walking, biking), transportation demand management, and funding • GMA requires development regulations, capital budget decisions, and other activities to be consistent with goals and policies He identified the existing document structure: • No overall vision • Goal: Aspiration, overarching them • Objective: More concrete, allows for measurement • Policy: Actionable steps Mr. Samdahl reviewed proposed streamlining: • Currently 19 goals, 22 objectives, 132 policies organized into 8 major categories • Working with Transportation Committee and Planning Board: o Suggest no more than 6 goals Edmonds City Council Approved Minutes March 3, 2015 Page 8 o Objectives/policies should nest within o Projects and programs should be extracted as action items He reviewed the proposed goals: 1. Provide a safe and user - friendly travel experience for all users 2. Build a transportation system that enhances the City’s land use vision 3. Be sustainable, financially, environmentally, and socially 4. Foster an active and healthy community 5. Create a complete and connected system that offers efficient transportation options 6. Partner with other entities to create a logical system that integrates within the regional transportation network Input received from Planning Board includes: •Highlight City’s commitment to Complete Streets •Define non-motorized users broadly •Describe walkways, not just sidewalks •Focus on connectivity to major transit nodes •Position City for electric vehicles •Add explicit policies around keeping the City’s facilities in a state of good repair He invited input from the Council regarding whether the proposed goals accomplish the City’s overall vision and whether there any changes to the goals and policies the Council would like to see. Councilmember Petso said she would like to meet with staff, noting there are approximately 31 policies missing from the prior draft. Although some may have been deemed to be design specifications, she could not determine why others had been deleted. She referred to Policy 9.2 that changed the distance for public transit from ¼ mile to ½ mile. Mr. Samdahl was not certain how that was changed; transit within ¼ mile is desirable, ½ mile is the minimum. Councilmember Petso referred to Policy 6.18, recalling it previously was related to separating pedestrian walkways from bike traffic. She suggested retaining that language rather than the proposed language that adds “or multi-use paths.” She did not feel “multi-use paths” belonged in the policy related to separating walking paths from bikeways. Mr. Samdahl suggested two separate statements. Councilmember Petso agreed, noting the policy as drafted seemed contradictory. Councilmember Petso referred to Policy 4.1 regarding promoting the efficient movement of people and goods through an effective and inter-connected transportation network. She expressed concern with the phrase “and other transportation facilities” at the end of the policy. She wanted assurance the policy applied to Edmonds as she did not want it to be seen as promoting flights at Paine field, oil trains moving through the City or the efficient loading of vehicles onto the ferry. She suggested rewording the policy so that it was Edmonds specific. Councilmember Petso referred to a new policy on page 251 “prioritize transportation investments that reinforce the City’s vision of developing a compact, pedestrian and transit-oriented center.” She asked where the targeted location of the compact pedestrian and transit-oriented center was and what transportation investments were contemplated to reinforce that. Mr. Samdahl answered the specific facilities or actions would be identified in the Transportation Element. He asked if the desire was to have the specific locations identified in the policy. Councilmember Petso answered yes as she was not aware there was a unified vision for a compact pedestrian and transit-oriented center. The City has a downtown that is pedestrian oriented, a proposal for Edmonds City Council Approved Minutes March 3, 2015 Page 9 Westgate that might arguably be compact but the only higher capacity transit facilities that she was aware of were the Swift stations on Highway 99 but there were no specific proposals related to them. She found the sentence somewhat mystifying unless there was a pending project proposal that she was unaware of. Mr. Samdahl suggested rewording the policy to be more specific to downtown and Westgate. Councilmember Petso responded that could be done although there has been considerable community discussion whether Westgate is really pedestrian-oriented. She suggested the policy state transit near development or development near transit. Councilmember Petso asked how the language could prioritize sidewalks. She referred to a sidewalk link that she perceived as necessary but it did not fit the usual standards such as near a school, business or park or transit, yet anecdotally there were a lot of people walking in unsafe conditions in that area. She asked how a sidewalk project could be prioritized if its high use and unsafe condition could be documented even if it did not meet the standard of being near a school, etc. Mr. Samdahl advised that location will be discussed with the Transportation Committee at its next meeting to determine how it fits in the overall Walkway Plan. Councilmember Petso said while she understood why sidewalks near parks, etc. were desirable, in this case the reason may be topography. Mr. Hauss asked the location. Councilmember Petso answered 232nd; she was not certain why there was such a high pedestrian volume in that location. Councilmember Buckshnis expressed her appreciation for the proposed goals and policies, noting it read much better. She commented on the importance of defining arterial and collector, and acronyms such as LOS (level of service). Councilmember Petso recalled there used to be a number of policies regarding LOS and asked where those policies were located. Mr. Samdahl advised they are working with the Transportation Committee on the vehicular, pedestrian, bike and transit LOS. Those will be presented to the Council in the next draft. Councilmember Bloom referred to motorized and non-motorized vehicles, observing the goals and policies address accommodating bicycles, pedestrian and transit riders but there are also scooters, segways, and motorized and non-motorized wheelchairs. She referred to Policy 6.6 that identifies motorized bicycles, scooters, and segways as non-motorized and asked why they are considered non- motorized. Mr. Samdahl answered any vehicle that does not required a license is considered a non- motorized vehicle. He suggested clarifying that or drafting a separate policy related to those those types of vehicles. He agreed it was awkward to include them with pedestrian and non-motorized bicycles. Councilmember Bloom asked what vehicles are allowed in pedestrian areas. Mr. Williams agreed it would be helpful to add verbiage in plan to clarify that. He explained segways are allowed on sidewalks by State law; by definition they are treated as a non-motorized user. It is less about what they are called and more about where they should be operated. A motorized bicycle should not be any different than a bicycle and should be in a bike lane, sharrow or with traffic on streets without identified bicycle facilities. Motorized scooters or skateboards should not be on the sidewalk. Wheelchairs and motorized wheelchairs should be allowed on sidewalks although many choose to use the street depending on where ramps are located. Councilmember Bloom observed segways are allowed on the sidewalk by State law. Mr. Williams agreed, noting they can also be operated in bike lane. Councilmember Bloom asked whether skateboards were allowed in bike lanes or not allowed at all on streets. Mr. Williams answered they are not allowed at all; skateboards should be in skate parks; having them on sidewalks or streets causes problems. Councilmember Bloom asked whether scooters can be used on the sidewalk. Mr. Williams answered motorized or non-motorized scooters should not be on the sidewalk. It would be appropriate to use them on a walkway that is wider than a standard sidewalk. Edmonds City Council Approved Minutes March 3, 2015 Page 10 Councilmember Bloom asked whether it was appropriate to include a definition in the goals and policies. Mr. Williams suggested crafting additional language with the Transportation Committee to address those issues. Councilmember Mesaros echoed Councilmember Bloom comments, agreeing it would be helpful to have more definitions. He was not certain citizens knew where those items should be operated and may innocently be doing something that is not allowed. Councilmember Petso asked how financial sustainability meshes with transit options such as the Sounder commuter rail which is perhaps not financially sustainable but seems to be popular and useful. She asked that consideration be given to how the plan can accommodate that. Councilmember Bloom said staff answered several questions for her, one of which was related to new potential policies based on Planning Board feedback regarding a maintenance/good state of repair policy including “prioritize roadway preservation projects and consider the long term maintenance costs of new capacity as part of the up-front cost of development.” She relayed those seemed to be two completely different issues, and the second part related to longer term maintenance costs of new capacity as part of the up-front cost of development should be in a different section related to shared cost of development. Mr. Hauss said he will follow up on that. Mr. Samdahl agreed reference to development would be appropriate in another section, but the policy about maintenance cost was not related only to development. Councilmember Johnson suggested a redline/track change version be provided such as was provided for the other Comprehensive Plan chapters. She noted Council President Fraley-Monillas, Councilmember Bloom and she were on the Transportation Committee when the previous transportation policies were developed and that familiarity would be helpful in reviewing the policies. Mr. Samdahl answered it would be really messy to have an overall track changes because a lot of things were moved around. He suggested providing a list of policies from the previous plan and identify where they were moved or consolidated or if they were deleted, why. Mr. Williams suggested using the list of 35 policies that Councilmember Petso identified in her email. Councilmember Petso agreed but said there may be additional policies. Councilmember Bloom referred to her email to staff asking what the statement in Policy 4.4 “Improve emergency service to the waterfront” meant. Mr. Hauss’ answer was during a train crossing, provide a safe access without any emergency service delay. She said asked whether another policy in the Transportation Plan would specifically address emergency vehicle and pedestrian access to the waterfront. Mr. Samdahl responded the Transportation Element will have a section regarding that but an additional 1-2 policies could be added related to emergency access if the Council wished. Councilmember Bloom said the statement does not identify how it will be accomplished. Mr. Williams answered the statement was not specific as the answer is unknown, hence the request for funding from the legislature for an alternative study followed by working with Council to select the right approach to provide improved emergency access to the west side of the tracks. The intent of that statement was emergency access to west side of the tracks on the waterfront. Mayor Earling declared a brief recess. 9. COUNCIL POSITION #2 VACANCY DELIBERATIONS Council President Fraley-Monillas thanked everyone who applied. Ten people applied for the vacancy and she felt this was the best group of applicants in the five appointments she has participated in. The Edmonds City Council Approved Minutes March 3, 2015 Page 11 applicants are all community oriented and answered many Council questions during and outside the interviews. She thanked the applicants for applying and for everything they do for the City. City Clerk Scott Passey read the rules for nomination and election to fill the Council vacancy: Nominations Each Councilmember may nominate one candidate from the list of applicants by placing an “X” beside the name of the applicant of his or her choice on the form supplied for that purpose by the City Clerk, and by signing the nomination form. The City Clerk will announce and maintain a permanent record of the nominations and of the Councilmember nominating each candidate. The Election Each Councilmember may vote for one candidate by placing an “X” beside the name of the candidate of his or her choice on the ballot supplied for that purpose by the City Clerk, and by signing the ballot. The City Clerk will announce and maintain a permanent record of each ballot and who voted for each candidate. A Deadlock A deadlock occurs after each Councilmember votes the same way on three consecutive ballots. In the event the City Council should deadlock, then previous nominations are declared null and void and the Council may begin a new round of nominations. Nomination 1 Candidate Councilmember Mario Brown Bloom, Petso, Fraley-Monillas Adam Cornell Buckshnis Michael Nelson Mesaros Neil Tibbott Johnson Candidate Votes Councilmember Ballot 1 Mario Brown 3 Bloom, Petso & Fraley-Monillas Adam Cornell 1 Buckshnis Michael Nelson 1 Mesaros Neil Tibbott 1 Johnson Ballot 2 Mario Brown 3 Bloom, Petso & Fraley-Monillas Adam Cornell 2 Mesaros & Buckshnis Neil Tibbott 1 Johnson Ballot 3 Mario Brown 2 Bloom & Fraley-Monillas Adam Cornell 2 Mesaros & Buckshnis Michael Nelson 1 Petso Neil Tibbott 1 Johnson Ballot 4 Mario Brown 1 Bloom Michael Nelson 4 Mesaros, Petso, Buckshnis & Fraley-Monillas Neil Tibbott 1 Johnson Mr. Passey announced Michel Nelson is appointed to Council Position #2 until a successor can be elected for the remainder of the unexpired term at the next municipal election. Edmonds City Council Approved Minutes March 3, 2015 Page 12 Mayor Earling swore in Michael Nelson to Council Position #2. Councilmember Nelson took his seat at the dais at 8:37 p.m. Councilmember Nelson thanked the Council for their votes and their confidence in him. He looked forward to working with the Council and the community. 10. REPORT ON OUTSIDE BOARDS AND COMMITTEES Council President Fraley-Monillas reported the Snohomish Health District’s retreat included discussion regarding cuts made to their budget and other funding resources. The Health District asked to attend a Council meeting in each city to report on Health District issues; she will schedule that. Councilmember Buckshnis reported the recent Affordable Housing Association (AHA) meeting included approval of their work plan and budget. AHA will make a presentation to the Council on April 21. AHA is following the ARCH (A Regional Coalition for Housing) program in King County; there are many alternatives and great things that can be done. She reported the Snohomish County Tomorrow meeting included approval of their work plan and budget and election of officers. Councilmember Johnson reported she attended the open house on the Comprehensive Plan and the Westgate study which was very well attended. She has also been attending the Historic Preservation Commission, the Highway 99 Task Force and the Mayor’s Climate Protection Committee. Councilmember Bloom, Councilmember Nelson, who is the co-chair of the Climate Protection Committee, and she have been meeting with staff to discuss a zero waste policy. Councilmember Johnson reported on the Regional Transit Oriented Advisory Committee that Councilmember Petso attended remotely last week. Participating in the compact includes three steps, 1) joining the compact, 2) setting criteria for performance, and 3) evaluation of the performance. The criteria have not yet been established. The emphasis of Growing Transit Communities in the past has been on light rail and stations; the new emphasis is away from light rail and focuses on corridors for pedestrians, bicycles and transit. She referred to an email from Josh Brown, PSRC, describing a new Regional Town Centers Corridor Project, and the availability of $3 million. The email cited the SR 104 corridor planning study as an example of the type of project that could be funded. Councilmember Mesaros reported the draft legislative agenda for the SeaShore Transportation Forum has been finalized and sent to the legislature. One of the key projects for Edmonds was funding for local roads. In developing the agenda he worked with Lake Forest Park, Shoreline, and the City of Seattle. Councilmember Petso reported she planned to remotely attend today’s meeting regarding coal and oil trains in Portland but forgot; they sent her the PowerPoint which she forwarded to all Councilmembers. Student Representative Eslami explained his email stating he was participating in a Knowledge Bowl competition last Tuesday and would be unable to attend the meeting inadvertently was not sent. 11. MAYOR'S COMMENTS Mayor Earling congratulated Councilmember Nelson, stating everyone looked forward to working with him. Mayor Earling reported last week’s AWC legislative conference included a successful series of meetings with legislators; progress is being made on some issues. Edmonds City Council Approved Minutes March 3, 2015 Page 13 12. COUNCIL COMMENTS Council President Fraley-Monillas reminded the Council of the upcoming retreat; all day March 13 and half day March 14. She reported there would be two presenters on Friday, Rhonda Hillier who will provide communication training for Councilmembers and staff and a follow-up from Jim Reed. Prior to the retreat, Mr. Reed will be contacting Councilmembers by phone for a brief interview. Ms. Hillier would like to meet with each Councilmember for 30 minutes on Monday; Ms. Spellman will send out a schedule. If Monday absolutely does not work for a Councilmember, Ms. Hillier will interview Councilmembers by phone on Wednesday. Saturday’s agenda will include discussion regarding goals for the coming year. Councilmember Buckshnis asked who will pay for Ms. Hilliard and Mr. Reed. Council President Fraley- Monillas advised the Council budget allocated $10,000; the cost for Mr. Reed is a maximum of $1800. Mayor Earling and Ms. Hite have offered to fund half of Ms. Hillier’s fee as it will also be continuing education for administrative staff. The total is up to $2500 each. Councilmember Buckshnis asked whether the Council President had the authority to approve spending from the City Council budget without Council approval. City Attorney Jeff Taraday responded the code does not expressly address the Council President’s spending authority. He was curious how past Council Presidents have handled that. Councilmember Buckshnis pointed out Mr. Reed’s contract had expired and she was unsure who Ms. Hillier was because there had not been an RFP/RFQ. She preferred if the Council needed ethics and/or diversity training, the Council be given options regarding the training. Councilmember Buckshnis announced the Marina Beach Master Plan open house tomorrow from 6 to 7:30 at the Library Plaza. She explained this is a very important master plan; it includes two options and the public’s input is important. Parks, Recreation & Cultural Services Director Hite reported there will be a virtual open house available on the City’s website after the open house. Councilmember Buckshnis welcomed Puget Sound Express to the Port. Councilmember Petso welcomed Councilmember Nelson and wished him good luck. To the earlier question, she said Council Presidents in the past have handled spending differently. She was very conservative about spending money without Council approval; other Council Presidents may have been more aggressive. Council President Fraley-Monillas asked her if she was okay with this and she said yes. Mr. Taraday said the code section regarding the powers and duties of the Council President talks about responsibility for making assignments to Council committees, formulating and preparing the agenda, supervising and directing the activities of the Council resource person, but does not expressly refer to spending. Councilmember Petso offered to give the leftover ballots to a Toastmasters Club for reuse. Councilmember Johnson congratulated Councilmember Nelson. She thanked him for applying and wished him good luck. Councilmember Bloom welcomed Councilmember Nelson and said it was nice to have a full Council. Councilmember Mesaros thanked the other candidates who applied for their willingness to serve the City and to go through the screening process, the anticipation and the angst of not being selected. He congratulated Councilmember Nelson. Student Rep welcomed Councilmember Nelson and looked forward to working with him. Edmonds City Council Approved Minutes March 3, 2015 Page 14 Councilmember Nelson said he was ecstatic, excited and shocked to be selected. He thanked Councilmembers for letting him be a part of the Council and he looked forward to working with them. In light of the early hour, Mr. Taraday suggested a 5 minute update on pending litigation. 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 8:54 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 5 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to 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, Bloom, Mesaros and Nelson. Others present were City Attorney Jeff Taraday and City Clerk Scott Passey. The executive session concluded at 8:59 p.m. 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the regular City Council meeting at 9:00 p.m. 15. ADJOURN With no further business, the Council meeting was adjourned at 9:00 p.m.