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Edmonds City Council Approved Minutes
May 17, 2022
Page 1
EDMONDS CITY COUNCIL MEETING
APPROVED MINUTES
May 17, 2022
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Vivian Olson, Council President
Kristiana Johnson, Councilmember
Will Chen, Councilmember
Neil Tibbott, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Laura Johnson, Councilmember
STAFF PRESENT
Michelle Bennett, Police Chief
Rob English, Interim Public Works Director
Shannon Burley, Deputy Parks, Rec., Cultural
Arts & Human Services Director
Bertrand Hauss, Transportation Engineer
Jeff Taraday, City Attorney
Patricia Taraday, City Attorney’s Office
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
1. CALL TO ORDER/FLAG SALUTE
The Edmonds City Council meeting was called to order at 7:03 p.m. by Mayor Nelson in the Council
Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Paine read the City Council Land Acknowledge Statement: “We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip
Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We
respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection
with the land and water.”
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
4. PRESENTATIONS
1. EDMONDS MEMORIAL CEMETERY BOOKLET
Former Cemetery Board Chair Jerry Janacek displayed an educational booklet created by the cemetery
board, titled "A Place of Tradition: Edmonds Memorial Cemetery and Columbarium." He gave credit to
Betty Lou Gaeng, a remarkable woman and local historian, who compiled most of the facts and the
information in the booklet. He also recognize City of Edmonds staff Angie Feser, Rich Lindsay and Cliff
Edwards who provide support and assist the Edmonds Memorial Cemetery Board of Directors.
In 1887, Thomas H. White, his great-grandfather, arrived with several family members from
Pennsylvania and began to homestead 160 acres where the present day Westgate is located. The booklet
states, White was a founding member of Independent Order of Odd Fellows Lodge 96, an organization
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May 17, 2022
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that often purchased land and established cemeteries. In 1894, Thomas White sold 4.25 acres of land and
deeded it to the IOOF for the purpose of establishing the first official cemetery in Edmonds. The booklet
states the first burial on White’s land was a 13-year old Edmonds school girl, Josephine Laggery, who
died in Edmonds on September 8, 1891 as a result of complications from tuberculosis. From early 1982 to
early 1894, there were five more burials on White’s property, Hubert Cary, less than one-year old; David
Jones, Williams Stevens, Carl John Anderson, and Lynn Watkins, 7-years old whose gravestone still
exists in the cemetery.
Mr. Janacek highlighted 700 veterans buried in the Edmonds Cemetery including 16 Civil War veterans.
He mentioned a few, Leroy Hackett, George Hales, Emmy Hyner, William Luce and Samuel F. Street
who was born in 1844, died 1923, Colonel Iowa Infantry and mayor of Edmonds from 1903 to 1904.
From 1918 to 1920, during the great influenza pandemic, based on historical information through death
certificates, more than 22 Edmonds residents out of a population in 1920 of only 936 total citizens died
due to influenza. Examples of these victims were Gladys Hansen Borton, 23 years old; Luther Martin
Freese, 34 years old; Marion Leslie Green, 17 years old, who was 16 when inflected with influenza and
died at his parents home on Alder Street in Edmonds on July 30, 1919, just 20 days after celebrating his
17th birthday. The doctor gave the cause of death as pulmonary influenza. Most of the citizens who died
during that pandemic were young.
One of the special events that the City and the Cemetery Board work on together is held in July, the Walk
Back in Time where board members and other volunteers dress up to reenact earlier persons buried in the
cemetery. In July 2019, the Cemetery Board honored several Edmonds School District 15 outstanding
educators including Bob Anderson, district music director; Ed Aliverti, Bill Hamilton, Ellie and Gus
Bonanno, and Heine Sorenson.
On page 19 of the booklet is a story of what Edmonds board members and many in the City believe to be
the most important addition to the cemetery which happened March 15, 2018, the transfer of the memorial
monument to the cemetery. The monument was created in 1948 by Seley Wilcox, commander of the
American Legion Post 90 of Alderwood Manor and others to have a permanent memorial to honor the
young men of Edmonds School District 15 who made the supreme sacrifice for their country. The
monument lists 46 original names and 36 names that were added later. He mentioned three of the names,
Sergeant Laddie Janacek, his uncle, who died April 30, 1945, 7 days before the end of WWII. Regarding
another name on the memorial, Joshua Aaron Martin, Betty Lou Gaeng wrote after the Memorial Day
event in 2018, I was standing near the monument and a young lady from the family of Joshua Aaron,
Martin, one of the young men from the Iraq Conflict, came up to me. I wish we had know she was there.
She showed pictures of Josh and told me how much honoring him meant and especially that his name had
been added to the memorial monument.”
Mr. Janacek continued, the name below Joshua Aaron Martin is Sergeant Major Larry Strickland, U.S.
Army, who died during the attack on the U.S. Pentagon on 9/11. His body is buried at the Arlington
National Cemetery. Page 25 of the booklet reads, “on September 11, 2011, when American Airlines
Flight #77 was highjacked by 5 terrorists and deliberately flown into the west side of the Pentagon
military headquarters in Washington D.C., one of the victims was 52-year old Sergeant Major Larry
Strickland, U.S. Army, who was looking forward to enjoying the leisure of retirement in a few days.
Larry Strickland grew up in Edmonds and was a 1967 graduate of Edmonds High School. SGM
Strickland is among the local victims of war and terrorism honored on the Veterans Memorial Monument
located at Edmonds Memorial Cemetery. He was buried with honors at Arlington National Cemetery in
Arlington, Virginia.
Mr. Janacek continued, the people buried at the Edmonds Memorial Cemetery have not been forgotten.
For them and the many who died protecting the United States in foreign wars, it is up to the living to hold
them close in our memories. He read the poem, “In Flanders Fields,” written by Lt. Col. John McCrae:
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May 17, 2022
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In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.
We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie,
In Flanders fields.
Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.
Mr. Janacek hoped the council and public would take some time to look through the booklet.
2. PROCLAMATION OF NATIONAL POLICE WEEK
Mayor Nelson read a proclamation proclaiming May 15 through May 21, 2022 as Police Week and called
upon the community to salute our Nation’s brave law enforcement officers and remember their peace
officer brothers and sisters who have given their last full measure of devotion in the line of duty.
5. APPROVAL OF AGENDA
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON,
TO APPROVE THE AGENDA IN CONTENT AND ORDER.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO
AMEND THE AGENDA TO ADD A PROPOSED ORDINANCE FOR ADDING HUMAN
SERVICE UPDATES TO A STANDING COUNCIL COMMITTEE AS ITEM 9.3.
AMENDMENT CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
Mayor Nelson described the procedures for in-person audience comments.
Kathleen Blanchard, Edmonds, retired senior gardener for Seattle Parks Department for 28 years,
having served as head gardener for Woodland, Gas Works, Green Lake and many other city parks during
her career, encouraged the council to vote for the ban on camping in Edmonds parks. She knew from
firsthand experience how allowing camping on public property negatively impacts park users, residents,
workers, wildlife, landscaping and the homeless campers themselves. For instance, Victory Creek Park in
the Northgate neighborhood had play equipment and a small wetland and was being reforested by
volunteers with native plants. Many homeless also lived there. Seattle outreach workers offered housing
and other services, but they were refused by the campers. Some campers sold drugs with customers
driving cars into the neighboring QFC parking lot to purchase them. Citizens and park staff called the
police repeatedly but not much could be done. The drug dealing campers got upset with the police being
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May 17, 2022
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called and started putting hypodermic needles in the play equipment sticking out to prick children. They
also defecated under a slide a few times. Park staff had to go there more than once a day to try to make
the area safe with no success. Eventually the City had to remove all play equipment and the native habitat
had to be cut down to increase visibility. It was heartbreaking for park staff and the families who live in
apartments in the area because residents lost the one place in that busy neighborhood where children
could play; many of the residents were immigrants and rode the bus so could not just drive to another
neighborhood. She also recalled having to shovel human waste from homeless campers out of a city park
shelter so a family could use the site they rented for a birthday party; nearby homeless drug addicts
harassed them throughout the cleanup. Another time, a coworker got beaten up.
Jeff Hart, Edmonds, a psychiatrist in practice for 35 years primarily in the south end, said his son has
worked with community mental health programs for the homeless, going into encampments helping to
coordinate people with services. He urged the council to think about the consequences of whatever
decision they make, It is misrepresenting the homeless in general to say they are people who prefer an
alternative to their lifestyle, living in tent camps and being subsidized by community organizations. There
are certainly legitimate needs and any way needs can be met by community organizations is beneficial to
the individual as well as to the organization and the community itself, however, a majority of people he
sees in the camps are not those individuals. If the door is opened in any way for people to have an
opportunity to stay in Edmonds, it will be opening a nightmare. He hoped the problems that have
occurred in other communities wouldn’t happen in Edmonds when there is no consequence to the actions
people are undertaking.
Tony Shapiro, Edmonds, commented it is desirable thing to enact this ordinance to limit the ability to
camp on public grounds. Although he is not a psychiatrist or an expert in this field, he did not think
enabling drug activity was doing the homeless any favors. It is primarily a drug issue that needs to be
addressed via rehabilitation. Enabling them to continue subsisting outside is not a healthy environment to
live in and only degrades their physical being as well as their mental state. Another aspect that needs to be
considered is citizens’ use of public areas. He often walks the waterfront from Brackett’s Landing to the
dog park and meets a lot of the same people, many of them older ladies who he was certain would not
walk toward the dog park if people were camping on the knoll overlooking the dog park, especially on
dark mornings. People will not be able to enjoy the public areas and the beauty of the City and allowing
the homeless to continue living outside is not doing them any favors.
Mark Dean, Edmonds, thanked the council for everything they do, recognizing it was a thankless job.
He has only lived in Edmonds for 40 days after moving from Seattle. He shared his diverse perspective
from living in Seattle. Retired now, but for the last 35 years he financed affordable housing and
developed affordable housing in Sun Valley, Idaho, and is on the housing board in Big Sky, Montana. He
is not a NIMBY, and is a huge proponent of housing, affordable housing in particular. He has owned six
apartment buildings in Seattle, owns only two now after divesting four of them because it has become a
difficult place to be an apartment owner and provide good, affordable housing. Rules are critical to a
peaceful coexistence in society; rules create society; the first caveman had rules. Banning camping on
public property is not insensitive, it is not criminalizing homelessness, it is common sense for a public
asset used by a variety of people. He shared personal anecdotes from 35 years of owning apartment
buildings in Seattle. In a 10-unit building in Queen Anne where rents ranged from $1800 to $4000/month,
his wife got a hypodermic needle prick from drug users and had to go through a 21 day AIDS treatment
regime. The thing about needles is real. When workers went to lunch, nearby campers came into the unit,
shot up and did all sorts of things. Due to defund the police efforts at the time, the police wouldn’t come
and they had to address it themselves. There are intended and unintended consequences of letting people
do what they want regardless of rules. He urged the council to take affirmative action on the ordinance.
Cynthia Sjoblom, Edmonds, was hopeful the council would pass the ordinance to give reassurance to
the 44,000 constituents in Edmonds that their safety and wellbeing will be accounted for. Many citizens
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feel similarly when it comes to the safety and health of the community. The Mercer Island city council
passed a similar ordinance and in talking with them about the effectiveness of the ordinance, it appears to
be running smoothly. Part of their goal was to ensure their community did not take on the problems
occurring in Seattle neighborhoods. The goal is to help people which is what this ordinance does by
offering housing and human services as well as other important services. When trying to help people in
the community, it is important to remember the larger community who also has the same constitutional
rights to enjoy their use of public spaces and for those public spaces not to be become a health and safety
issue. While the coalition for homelessness has concern for their clients, their concerns should not be
allowed to compromise entire communities. That organization and ones like them have become well-
funded industries and sometimes the goals morph into perpetuating cycles that end up hurting more than
helping. Allowing the unhoused to remain on the streets is not helpful because in doing so, no services are
utilized. According to the Kone analysis, the majority of homeless in Edmonds are substance addicted;
housing may be the first step of help, but for the truly drug addicted, remaining on the streets is not the
answer and is not really compassionate. She encouraged the council to do the right thing for the entire
community.
Kevin McDonald, Edmonds, said he has been working with the homeless and substance abuse programs
for 30+ years, first with New Horizons Outreach with homeless street youth and currently with New
Heart Ministries. In the last four years they have been on the streets of Seattle, in Georgetown, near the
VA Hospital, through Rainier Avenue, downtown Seattle, up in Snohomish County, and in Everett. It is
probably a 10% homeless problem and a 90% drug problem, a 10% mental health problem and 90% drug
problem. Once people get into drugs, there is no way to clearly assess whether it is a mental health issue
or the drugs. As they get further into drugs, as was seen recently in a shooting in Edmonds where a couple
had been arrested 20+ times between Lynnwood and Everett and were meth addicts. The police are
woefully unprepared to handle people on meth in a rage. They find people in all different states of their
drug addiction. He cited Joe who lives behind Home Depot on 130th & Aurora as an example. He has
been homeless for eight years and has infections in his calves. He was provided a place to live and there
was nothing inside so instead of staying in the apartment, he decided he’d rather be on the streets. There
is a huge communication issue between what cities and the state will provide with the $800M to $1B for
the homeless. They need to address the drug issue first. He suggested if Edmonds decides to step into this,
working with the Edmonds Food Bank to create a center that provides resources such as finding
properties on Highway 99 and allows compassionate citizens volunteer to put it together. He offered to
show people what he does, he takes a 16’ box truck out every weekend.
Joan Longstaff, Edmonds, commented she began her career in real estate in Queen Anne. The
wonderful thing about Edmonds is that everyone can participate. She was excited about the new cemetery
brochure, commenting it was a pleasure to serve on the cemetery board under former Board Chair
Janacek and now under Board Chair Tracy Little. It has been her joy to work with Betty Gaeng and be on
the cemetery board. The purpose of the brochure is to provide history; it is available at the museum but
could be available in other locations such as the school district, the library, etc. The Memorial Day event
will be live this year. The Walk Back in Time is held in July, a fun event for her because her historic
house on Main Street was built for the blacksmith in 1890 and his daughter is buried in the cemetery
along with many of the City’s founding fathers. There is still space available in the cemetery; she intends
to be buried there. She thanked Betty Gaeng for her efforts, commenting it was a privilege to provide
transportation for her and hear all the stories of the past. She is doing well up in Alaska.
Paul Webster, Edmonds, encouraged the council to vote for the ban on public camping. He recalled
what happened to a park across the street from where his brother lived, Miller Park on Capitol Hill. It was
a beautiful park with playfields where families and children played. About 1½ - 2 years ago, camping was
allowed and the park was virtually abandoned because no one wanted to go there. His brother no longer
felt safe walking down the street and took side routes to get around the park. All the common complaints
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existed there with garbage, drugs, feces, urine, sanitation and extra draw on resources such as police,
mental health and he did not want that to happen in Edmonds.
Strom Peterson, Edmonds, State Representative 21st District, referred to the unlawful occupation of
public spaces ordinance and asked the council at the very least to take more time. He appreciated the
comments about the services that the homeless in the community need such as for mental health and drug
addiction. Something that has been missing in conversations at the city council is the criminalization of
homelessness. Many say it is not criminalization, however, it creates a new misdemeanor, the crime of the
unlawful occupation. The problem with creating a new crime is the spiral people can get into when facing
the criminal justice system. For example, if the police issue an infraction or arrest someone for unlawful
occupation, perhaps the judge might be willing to waive the fine or jail time, but if that individual does
not show up for their court date, many of the homeless are unable to show up to court dates due to all the
things they are confronted with by being homeless, they would have a failure to appear bench warrant that
makes them eligible for arrest by any police department in the state and end up being part of the racially
unjust jail system. A new misdemeanor creates more bad opportunities for people who are already
struggling and who may already have had encounters with law enforcement. The war on drugs was
ineffective in policing people with substance use disorder and police action in trying to solve
homelessness has a similar outcome. Studies have shown that arresting people and trying to get them help
through law enforcement intervention is not effective. What is effective is treatment which many people
have talked about, including the mayor and many councilmembers.
Maralyn Chase, Esperance, former state representative, understood citizens’ concern about criminal
behavior by people who are homeless. Being homeless is the most extreme form of poverty in this
country. So many people are homeless because they cannot afford to live in an apartment or home or
there aren’t places available. She agreed people need to follow rules, but when elected officials make
rules that are almost impossible for people to follow, it creates criminals. She suggested another
possibility, provide housing for people who are homeless. She acknowledged Edmonds cannot provide
the full solution but it could at least make an effort. It is not the responsibility of churches to provide
homes and housing, but they are. The Washington State Constitution empowers the council to build
housing. There could be a task force established to start building low income housing instead of
increasing zoning regulations, and to help people get medical care. There are 500,000 people in the state
that have no medical care and a lot of them are living on the streets. The human problems need to be
addressed. There used to be a senior center but it is not there anymore. She offered to talk to
councilmembers about the constitution.
Mary Kimball, Edmonds, a former resident of Seattle, urged the council to reconsider the proposed
ordinance banning camping which criminalizes homelessness and poverty and ostracizes those who
should be considered neighbors, community members, friends, loved ones. As she has observed City
government in the last few years, she has been struck by the level of compassion, care and service the
City wants to provide, compassion and common sense that has been notably absent in Seattle. Edmonds
has a fantastic opportunity to build on the work being done in the new human services department and
this camping ban is premature. The City’s homelessness task force recommended not passing such an
ordinance until housing has been secured and is available in the community. She understood some
amendments had been made including shipping people to housing within a 35 mile radius which she
worried put the City in violation of the Boise lawsuit and opened the City to legal risk. She urged the
council to do better, to take advantage of the fantastic work being done in the community and reconsider
the ordinance.
Jim Ogonowski, Edmonds, relayed on December 8, 2021, he was ambushed by an individual with a
knife on Olympic View Drive in Edmonds adjacent to Southwest County Park. The individual shoved
him to the ground face-first, luckily he fell off the sidewalk and down an embankment. Once the police
department arrived and apprehended his assailant, they asked if they wanted to press charges. He did and
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the person was arrested and booked into Snohomish County Jail on assault with a deadly weapon. He
displayed an evidence photo of his assailant’s knife and a replica of the knife he purchased which he
circulated to the council. Two women had called 911 about 30 minutes prior to his attack and reported
being stalked by the same individual. His assailant was a white male from Kitsap County with a previous
record, who posted hatred on social media, was off his meds and homeless, residing in Southwest County
Park. He quoted from his assailant’s Facebook page, “fuck America, I hate every fucking one of you, go
fuck yourself, fuck off and die America.” Once in jail, he was provided with the treatment he was lacking
while on the streets. He recently pleaded guilty and has been sentenced. While his family is in Kitsap
County and his bail was reduced twice while he was held, his family never posed bail. He questioned
whether he did the right thing by pressing charges, whether it helped the community stay safe, did he get
the help he needed, what was the compassionate thing to do? Giving the police department the tools they
need to protect the public and help individuals in need is the compassionate thing to do. This is a right
ordinance long overdue. He urged the council not to let what happened to him happen to them or someone
else they know. He thanked the Edmonds Police Department for the way they handled his 911 call, doing
a professional, outstanding job.
Maria Montolvo, Edmonds, said she has spoken to most councilmembers about the ordinance to
criminalize homelessness. The City’s own task force as well as industry experts in the field have told the
City exactly what to do to solve the homeless problem; similar to climate change, people have been told
for 20 years what to do to solve the problem, yet elected officials need to have the guts, wherewithal and
the will to do what it takes to solve the problem. The first six things the City’s task force said need to be
done have nothing to do with this ordinance. The council is jumping way ahead of that advice and their
own experts and doing something way beyond what needs to be done to solve the problem. She
commented on what others are saying about Edmonds; what the council is doing tonight is not only
representing themselves and their opinion, but they are also representing Edmonds and making a
statement about all its residents. If the council supports this ordinance, they are saying to other towns in
Snohomish County, her neighbors and to community members that Edmonds doesn’t want to be a part of
this, Edmonds is putting it all on others and will not work with them. Passing this ordinance says if
someone falls on hard times or has a health crisis, Edmonds is not a welcome place for them. Statistics
say in a family of four with a house, if one parents loses their job, they will be unable to pay their bills
within three months. Councilmembers have talked about services related to food in Edmonds and how
much that is needed. Most of all, passing this ordinance, councilmembers are telling the world that
Edmonds wants to criminalize poverty, mental health disorders, and chronic health issues. This will be the
vote that councilmembers are remembered for, their legacy. She was surprised that councilmember
wanted this cruel vote to be their legacy, knowing many have worked hard for the City and want to leave
a positive legacy.
Marvin Phelps said most of the homeless are fentanyl addicts. The reason there aren’t needles on the
ground anymore is because they are smoking the drug and he sees them smoking fentanyl daily. The best
thing that can be done for them is 28 days in Snohomish County Jail. For most drugs, peak withdrawal is
21 days; the extra week allows them to find themselves, take a breath. There were 100,000 fentanyl
related deaths in the Unites States last year and he anticipated it would get worse and believed deaths
were under-reported in Snohomish County. People addicted to fentanyl aren’t aware of temperature; he
has seen them in the snow with bare feet. Fentanyl is 50 times more powerful than opium. He encouraged
the council to be robust and keep doing what they are doing. Snohomish County Jail has good food and
allows an opportunity to give people back themselves, give them a gulp of air. He introduced his bird,
Rosie, a 30-year old African Grey, the smartest of all birds. He and Rosie plan to come to City festivals
because he wants to solve the murder of Tom Wells who was murdered because he was good and it came
down to this very room. Rosie is very good with little kids and knows 400 words and is really smart.
Whitney Rivera is the smartest attorney in the state; the City has the best judge.
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Ken Reidy, Edmonds, said the City’s Comprehensive Emergency Management Plan assumes Edmonds
may be requested to provide support to other jurisdictions with both resources and sheltering during
emergencies and disasters not affecting Edmonds. Per page 66 of the plan, there may be a requirement for
shelter sites for hundreds to thousands of people and pets impacted by the disaster. He questioned whether
the City was ready to do that. Edmonds Resolution 1386 adopted the plan effective April 17, 2017 and
states the CEMP shall be reviewed and updated at least once every two calendar years. It is May 17, 2022
and the CEMP has never been updated. He questioned whether the protection of citizens under the current
CEMP was a priority of elected officials. The WAC states no less than once every calendar year the
operational capabilities shall be tested by an emergency operations exercise or by actual local emergency
declaration. He urged the council to update the CEMP and practice to ensure the City is properly
prepared.
Next, Mr. Reidy asked the council to vote to remove the residential occupancy code amendments item
from the consent agenda. He recommended the council reassign SB5235 issue back to the planning board
to consider whether it is appropriate for the City code to define the word family. He questioned whether
there was a better term; some jurisdictions now use the word household. He read the proposed definition
of family, family means individuals related or unrelated by genetics, adoption, or marriage living in a
dwelling unit. The words related or unrelated by genetics, adoption or marriage serve no purpose in the
definition. It can be shorted to family means individuals living in a dwelling unit. He recommended
further consideration and additional public input and asked that it be reassigned to the planning board.
Next, he asked that the planning board present its findings directly to city council in the future, as he
believed that was a far better way than having them presented by staff. He asked the council to take all
steps necessary to ensure serial, rolling or chain meetings are not taking place in Edmonds and for the
council to always use their City email address when conducting City business.
[no name given], a lawyer who has worked with many populations said it was not constitutional to place
extra expenses on all taxpayers to essentially harm people to no end. If it is not voluntary, it is not care, it
is harm. It is only because she is privileged and had outside support that she is able to support herself
today. She had a break with reality when she was unable to find appropriate mental health services for
continuity of care when she moved from Delaware a couple years ago. She had been prescribed
clonazepam by a private psychiatrist for over a decade to help her sleep; when she moved here, no one
wanted to continue that care so she was essentially cut off from what she had taken for a long time and
was unable to sleep for so long that she went temporarily insane, caused property damage, and went into
other people’s houses, but she should not have lost her liberty for the rest of her life or be unable to
support herself. The care providers in the psych hospital urged her elderly parents to seek permanent
guardianship over her to take away her civil liberties and force her on a drug regiment that actually
tortured her because she is also ADHD and neurodiverse. She is able to sleep at night, but unable to
perform complicated tasks or to think. The drugs that are prescribed anti psychotics and mood stabilizers,
are the same drugs used to treat dementia and Alzheimer’s. There needs to be honesty about what type of
help people get; even if resources are available, there needs to be honest about what they are and whether
it is actually helpful.
Mayor Nelson described the procedures for virtual audience comments.
Tana Axtelle, Edmonds, referred to the ordinance and her letter to the council, relaying she had an
interaction recently with a councilmember in which she felt what he said was criminalizing homelessness.
He sent her a letter from Shoreline’s mayor, prefacing the letter with this is how they are doing it in
Shoreline. She obtained Shoreline’s ordinance and talked to one of their councilmembers; Shoreline’s
mayor demonstrated compassion and understanding of the issue. After talking to the Shoreline
councilmember, she reiterated there was no arrests or fines and Shoreline allows tents on church property.
Shoreline seems to be handling things very differently than Edmonds’ proposal. Shoreline also has a new
shelter, designated staff to deal with the homeless, allow tents on church property, and have a cold
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weather shelter, all things that Edmonds does not have. The council is getting ahead of itself by putting
this ordinance in place without providing needed staff, help and housing. Edmonds does not even provide
temporary housing. She requested the council slow down, take time and be more prepared before
adopting and ordinance that cannot even be enforced.
Maggie Fimia, Stanwood, a former Edmonds resident, spoke regarding Chapter 5.70 because
homelessness is a regional problem, she still cares about what happened to Edmonds and she has a very
personal experience with this issue. Her older brother lived on the streets from the time he was 17 years
old. They had incredible parents, but her brother was introduced to alcohol at a very early age. He slept,
urinated and defecated in bus shelters and doorways, he was hungry and cold. Finally in his 50s, sick and
weak, he agreed to live in a nursing home in Seattle. That lasted three years. Her daughters got to know
their Uncle Vic but someone started giving him alcohol and he was back on the streets. For about two
years his family did not know where he was until she got a call from a nurse for the homeless who said
Vic had mouth and throat cancer and not much longer to live. He refused treatment at the hospital
although he finally agreed to go to a motel where he could still panhandle and get drunk. He fell in the
parking lot, was taken to the ER where they cleaned him up and were going to send him back to the
motel. She insisted they find him a bed at another nursing home which they did but he died that night; at
least he died in a clean bed. She also helped a young grandmother and her three grandsons find housing
and work after losing their apartment through no fault of her own. They lived in their car for nearly a
year; she put the woman in touch with the YWCA who eventually found them permanent housing. It is
incredible to her that in this nation of plenty, many do without. The people who let her brother sleep in
public places and who gave him money thinking they were helping, actually helped him live a painful and
lonely life. It was not compassionate, it was cruel. He did not have the mental capacity to make rational
decisions and maybe if he was forced to get help earlier he would still be alive. She urged the council to
support Chapter 5.70, unlawful occupation of public property. It provides viable options to people to get
shelter and help.
Adrienne Fraley-Monillas, Edmonds, congratulated the council for all being present at the council
meeting, an amazing feat considering that Ms. Johnson has been gone for six months or so and she
welcomed her back. She has had multiple jaw and mouth surgeries recently so may not be speaking
exactly as some would expect. She supported Mr. Peterson, Ms. Chase and Ms. Axtelle’s comments
regarding what is homelessness and what needs to happen. She has served the state of Washington for 33
years, working with DSHS and the city council for many years, dealing with issues related to public
health and homelessness. The council is putting the cart before the horse and she suspected many don’t
understand what that means. It means the council needs to find a way to move forward for the people they
serve. The cities of Seattle, Everett, Tacoma, and Spokane haven’t figured out the best way to move
forward; if it was easy, it would have already happened. There are no receptacles for garbage, outhouses,
or ways for people to live, only moving them into another county. That is wrong; the council should look
at the future for those people, provide housing and wraparound services as the court provides and ensure
people have a place to go. When people only have a tent to go to, they can’t be expected to have sanitary
means available, take showers, or have a mailbox. For this council to determine the best thing is to send
them as far away from Edmonds as they can is irresponsible. Many of these people are born and raised in
Edmonds. She encouraged the council to back off and take time to look at it and not move forward
immediately.
Beth Fleming, Edmonds, urged the council to vote yes on the ordinance that would ban camping on city
property. The ordinance is supported by the Edmonds police chief and human services staff. Days ago her
husband witnessed a person puffing drugs on a bench near the Lutheran Church by Safeway. This is not
the time to waiver and not passing this ordinance puts youth at risk. This ordinance as written provides a
compassionate and common sense approach that ensures safety for residents and helps those experiencing
homelessness. It provides enforceable and clear parameters and shows compassion. It is an issue the
community cares about; to make the argument this is somehow the oppositive of compassion begs the
Edmonds City Council Approved Minutes
May 17, 2022
Page 10
question of what is compassion. She questioned whether it was compassion to try to get a homeless
individual a place to stay and potentially connect them to available resources or is it compassion to allow
a person to be exposed to the elements, not give them the alternative path, mental health support and/or
detox and leave them to spiral further out of society. If an individual who is homeless is offered a place to
stay and to try to get help and they accept it, they would not be penalized. The idea is to offer to connect
with people and give them a hand up, not just let them squaller in waste and ignore the problem.
Ms. Fleming continued, there has been overwhelming support in the community to pass this ordinance; do
not complicate it any further. Weakening the ordinance will only turn a safety net into a sieve and will
exacerbate the effort to support people in need and could potentially overwhelm the system. The
increased shelter capacity in Snohomish County should be considered. She implored the mayor and city
council to address the informational void in relation to the crushing opioid overdose crisis the country is
facing, specifically fentanyl, a synthetic opioid that is 80-100 times stronger than morphine and 50 times
stronger than heroin and commonly used to create counterfeit pills disguised as oxytocin, Xanax, Adderall
and others. It is virtually undetectable unless a test strip is used and is so strong that only a small amount
can kill a person. According to the CDC, 150 people a day die from overdoses related to synthetic opioids
in the U.S. The issue dovetails directly to the homelessness issue and the ordinance being considered by
the council. She implored the City to create an awareness and educational campaign; this push can save
lives. Our youth are at risk; we must educate and make them aware of this risk and should be supporting
an all-hands-on-deck awareness and education campaign toward educating our youth and the broader
community on the fatal danger that fentanyl poses. Knowledge is power and we need to protect our youth
before it is too late.
Deborah Arthur, Edmonds, expressed support for the council passing the ordinance tonight. Heroin and
meth use is illegal; meth is a very dangerous drug due to the insanity it creates in the user. There have
been many instances in the local hospital. She would like to see parking lots opened for people living in
vans where they could be monitored to ensure they weren’t cooking, using or selling drugs. That would
also be an opportunity to put restrooms. People living in vans were different than people living in tent
encampments. She would also like to see housing in Edmonds. Many of the homeless need help and
allowing them to continue to be homeless enables them and results in constant robberies, people driving
like maniacs and people being hit by cars. Kids cannot play in their yards out of fear. She feels sorry for
people living in tents, but the best thing is to offer them services and if they refuse, it goes a step further
and maybe some of them can get off drugs. She said drugs like crack literally eat a person’s brains so it
looks like Swiss cheese; she saw the postmortem films when she worked for the health district. She
wanted to help people but she also wanted residents helped; she did not want to worry about someone
breaking her window.
Finis Tupper, Edmonds, referred to tonight’s agenda, stating he was on the city clerk’s list to get
updates on the agenda. The agenda was changed after the notification he received from the city clerk and
he wasn’t informed of the changes until this morning which wasn’t 24 hours prior to the council meeting
as established by the RCW. He wondered how changes were being made and whether everybody was
participating. He was upset to read that audience comments were restricted to one subject and that there
was a possibility tonight that comments would be limited to two minutes because councilmembers have
already made up their minds and are not open to new comments or ideas on what they should be doing.
Councilmembers represent the residents and should be making their decisions based on public comments.
He should be able to talk about any subject, potholes, people parking all day on Sunset, his water bill and
he shouldn’t be limited. He also should be able to speak after staff in a quasi-judicial decision makes a 15
minute presentation and he can only speak for 3 minutes. The way the council is conducting itself is
totally contrary to the Open Public Meetings Act and he planned to prove that in a court of law.
7. APPROVAL OF THE CONSENT AGENDA ITEMS
Edmonds City Council Approved Minutes
May 17, 2022
Page 11
COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO
APPROVE THE CONSENT AGENDA.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
PULL ITEM 7.11, MARCH 2022 QUARTERLY FINANCIAL REPORT.
Councilmember Buckshnis explained the finance committee recommended this item go to full council.
The council president has scheduled it for May 20th.
Council President Olson commented there was a misunderstanding, it was not intentional to do anything
other than what the finance committee recommended.
AMENDMENT CARRIED UNANIMOUSLY.
MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows:
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF APRIL 19, 2022
2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF APRIL 21, 2022
3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF APRIL 26, 2022
4. APPROVAL OF COUNCIL MEETING MINUTES OF MAY 3, 2022
5. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF MAY 3, 2022
6. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF MAY 5, 2022
7. APPROVAL OF COUNCIL COMMITTEE MINUTES
8. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE
PAYMENTS
9. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT
10. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM SLATE SALON &
SPA
12. 4TH OF JULY, TASTE EDMONDS, CAR SHOW EVENT AGREEMENTS
13. APPROVAL OF DEDICATION OF BRACKET’S RESERVE PLAT “ROAD A” AS A
PUBLIC STREET NAMED 91ST PL W
14. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH HBB FOR HIGHWAY 99
GATEWAY REVITALIZATION - STAGE 2
15. AWARD CONSTRUCTION CONTRACT FOR THE 2022 UTILITY REPLACEMENT
PROJECT
16. APPROVE LOCAL AGENCY CONSULTANT AGREEMENT WITH WSP FOR
CONSTRUCTION MANAGEMENT SERVICES ON THE HIGHWAY 99 GATEWAY
REVITALIZATION STAGE 2 PROJECT
17. WRITTEN PUBLIC COMMENTS
Edmonds City Council Approved Minutes
May 17, 2022
Page 12
18. APPROVAL OF SUPPLEMENTAL AGREEMENT WITH HKA GLOBAL, INC FOR
THE CARBON RECOVERY PROJECT
19. RESIDENTIAL OCCUPANCY CODE AMENDMENTS
8. PUBLIC HEARING
1. PUBLIC HEARING ON THE 2023-2028 SIX-YEAR TRANSPORTATION
IMPROVEMENT PROGRAM
Interim Public Works Director Rob English provided an introduction.
Transportation Engineer Bertrand Hauss reviewed:
• Introduction
o Revised Code of Washington (RCW) requires that each city update their TIP by July 1st
o Document contains all significant transportation projects that a City possibly plans to
undertake in the next six years.
o City of Edmonds policy: TIP financially constrained first 3 years
o Federal Grants, State Grants, and Local funds are programmed as revenue source for TIP
projects.
• Construction Projects in 2022
Annual Street Preservation Program (Project #1)
o Project Details
▪ Approximately 6.8 lane miles of variable depth overlay along local streets throughout the
City
▪ 8 curb ramps upgrades (completed by City crews for 2023 Overlays)
o Schedule
▪ Construction Spring/Summer 2022
o Funding
▪ Local funds $1,500,000
▪ Utility Funds $90,000
▪ Annual Funding Goal $2,000,000 per year
76th Ave. W Overlay from 196th St. SW to OVD (Project #2)
o Project Description
▪ Overlay with ADA curb ramp upgrades
▪ Addition of northbound bike lane
▪ City of Lynnwood funding east side of corridor
o Schedule
▪ Design 2021-2022
▪ Construction 2022
o Funding
▪ Local Funds $320,000
▪ Secured Federal grant $710,000
▪ City of Lynnwood $905,000
SR-99 Revitalization & Gateway Project – Stage 2 (Project # 9)
o Project Description
▪ Installation of landscaped raised median along entire corridor from 244th St. SW to 210th
St. SW with 130 trees
▪ HAWK signal ~ 600’ north of 234th St. SW
▪ Gateway signs on both ends of corridor
o Schedule
▪ Design 2020-2022
▪ Construction 2022-2023
Edmonds City Council Approved Minutes
May 17, 2022
Page 13
o Construction Funding
▪ Connecting Washington $8,219,000
▪ Local funds $270,000
Citywide Pedestrian Crossing Enhancements
o Project Description
▪ Completion of Citywide pedestrian crossing enhancements at 2 locations in 2022 (7
others completed in 2020/2021)
- HAWK signal (SR-524 @ 84th Ave. W)
- Fully actuated traffic signal (SR-104 @ 232nd St. SW)
o Schedule
▪ Design April 2018 – November 2020
▪ ROW April 2019 – April 2020
▪ Construction March 2021 – Early 2022
o Funding
▪ Secured Federal Grant $1,576,000
▪ Local funds $663,000
▪ Utility funds $51,000
2022 Traffic Calming Program (Project #42)
o Project Description
▪ Installation of traffic calming devices along certain stretches (based on evaluation results)
o Schedule
▪ Construction Fall 2022
o Funding
▪ Local funds $70,000
• Scheduled Construction Projects in 2023/2024
Main St. Overlay from 6th Ave. to 9th Ave. (Project #3)
o Project Details
▪ Overlay with ADA curb ramps upgrades
▪ Pedestrian Improvements at Main @ 8th Ave. Crossing
o Schedule
▪ Design 2023
▪ Construction 2024
o Funding
▪ Local Funds $187,000
▪ Secured Federal grant $750,000
Citywide Bicycle Improvements project (Project #43)
o Project Description
▪ Install sharrows along 80th Ave. W from 228th St. SW to 220th St. SW
▪ Install bike lanes along key corridors
- 100th Ave. W / 9th Ave. S from 238th St. SW to Walnut St.
- Bowdoin Way from 9th Ave. S to 84th Ave. W
- 228th St. SW from 78th Ave. to 80th Ave. W.
o Schedule
▪ Design 2020 - 2022
▪ Construction 2023
o Funding
▪ Local Funds $312,000
▪ Sound Transit Access Grant $1.85M
Elm Way Walkway from 8th Ave. S to 9th Ave. S (Project #24)
o Project Description
▪ Identified as Short Walkway #6 in 2015 Transportation Plan
▪ Complete missing sidewalk links (~ 700’ new sidewalk on south side of street)
Edmonds City Council Approved Minutes
May 17, 2022
Page 14
▪ ADA curb ramp upgrades with stormwater upgrades
▪ Project to be combined with Citywide Bicycle Improvements Project Schedule
o Schedule
▪ Design 2021-2022
▪ Construction 2023
o Funding
▪ Local funds $716,000
▪ Stormwater funds (Fund 422) $366,000
• Other Projects in 2023-2028 TIP
A. Corridor Improvements
o 228th St. SW from Highway 99 to 95th Pl. W (Project #14) 2026-TBD
o SR-99 Revitalization from 220th to 224th Stage 4 (Project #10) 2022-2026
o SR-99 Revitalization from 244th to 238th Stage 3 (Project #11) 2022-2027
o SR-99 Revitalization from 216th to 212th Stage 5 (Project #12) 2026-TBD
o SR-104 Adaptive System from 236th to 226th (Project #17) 2022-2026
B. Pavement Preservation
o Olympic View Dr. Overlay from 196th to Talbot (Project #4) 2025-2026
C. Signal Upgrades
o Puget Dr. @ OVD (Project #6) 2026–2027
o 238th St. SW @ 100th Ave. W (Project #7) 2026-2027
o Main St. @ 3rd Ave. (Project # 8) 2027–2028
D. Intersection Improvements
o 76th Ave. W @ 220th St. SW (Project #12) 2021–2027
o 196th St. SW @ 88th Ave. W (Project #14) 2026-2028
o Main St. @ 9th Ave. (Project #15) 2026-2027
o SR-104 @ 95th Pl. W (Project #22) 2026-2027
o SR-104 @ 238th St. SW (Project #23) 2026-2027
E. Active Transportation Projects
o 4th Ave. Corridor Enhancement Walkway (Project #34) 2026-2028
o SR-104 @ 76th Ave. W Non-Motorized Transp. Impr. (Project #36) 2026-2027
o SR-104 @ 100th St. Bike Improvements (Project #41) 2026-2028
o SR-104 / Pine St. Sidewalk (Project #39) 2026-2028
o Walkway projects within proximity to schools / parks
▪ Maplewood Dr. Walkway (Project #23) 2026- 2028
▪ 80th Ave. Walkway from 212nd St. SW to 206th St. SW (Proj. #25) 2026-2028
▪ 80th Ave. W Walkway from 188th St to OVD (Proj. #26) 2026-2027
▪ 95th Pl. W Walkway from 224th to 220th (Project # 27) 2026-2027
• Summary of Secured Transportation Grants between 2019 and 2022
Project Name Grant
Program
Phase Amount
Secured
Award Date
Citywide Bicycle Improvements Sound
Transit
Design/Construction $1,850,000 Nov '19
76th Ave. W Overlay from 196th
to OVD
STP Federal Design/Construction $710,000 Nov ‘19
Main St. Overlay from 6th to 8th STP Federal Design/Construction $750,000 Dec '20
76th Ave. W @ 220th St. SW
Intersection Improvements
CMAQ/STP
Federal
Design/ROW $1,089,500 Nov ’19 /Dec
'20
SR-104 ITS Adaptive System CMAQ
Federal
Design $354,560 Dec '20
Hwy 99 Revitalization from 220th
St. SW to 224th St. SW
STP Federal Design $1,580,000 April ‘21
Hwy 99 Revitalization from 244th
St. SW to 210th St. SW
State Funds
(through
Design/ROW/
Construction for
$16,500,000 April '19
Edmonds City Council Approved Minutes
May 17, 2022
Page 15
Connecting
WA)
Specific Stages
Hwy 99 Revitalization from 244th
St. SW to 210th ST. SW
State Funds
(through
Move
Ahead WA)
Design/ROW/
Construction for
Specific Stages
$22,500,000 April '22
• Total Secured Transportation Grants/Appropriations over Last 4 Years: $45,500,000
• Recently/Soon to be Submitted Grants
Grant application submitted / to
be submitted
Amount requested
/ to be requested
Phase Grant
Submittal
Date
Response
Date
Hwy 99 Revitalization - Stage 4 $2,650,000 ROW 04/22 06/22
OVD Overlay $750,000 Design +
Construction
04/22 06/22
SR-104 @ 76th Intersection
Bicycle Improvements
TBD (>$1,000,000) Design + ROW +
Construction
06/22 07/23
SR-104 @ 100th Ave. Bicycle
Improvements
TBD (>$1,000,000) Design + ROW +
Construction
06/22 07/23
Maplewood Dr Walkway from
Main ST to 200th St
$1,500,000 Design +
Construction
06/22 07/23
95th Pl. W Walkway from 224th
to 220th
$461,000 Design +
Construction
06/22 07/23
80th Ave. W Walkway from 212th
to 208th
$1,536,000 Design +
Construction
06/22 07/23
SR-104 Adaptive System
(Infrastructure Bill)
TBD Construction Fall 2022 TBD
Mayor Nelson opened the public hearing and described the procedures for public testimony.
Pete Spear, Edmonds, referred to his letter to council regarding 9th Avenue North and expressed
appreciation for some members who responded. He works from home and his office looks out onto 9th
Avenue North. He sees a lot of speeding and dangerous activity on 9th Avenue North from Caspers
southbound but also northbound toward Caspers. He sees it from a pedestrian standpoint when walking
his children to school, drivers accelerating southbound up 9th Avenue North and also from the crest of the
hill towards Main Street, there is a hidden crosswalk where an estimated 50% of drivers go twice the
speed limit. He feared someone would be hit in the crosswalk at the top or at the crosswalk at the bottom
where drivers are accelerating as they take a left across Caspers. It is a dangerous situation and he hoped
there could be traffic calming such as the radar sign, speed bumps or something. There are many repeat
offenders who travel that way every day, they accelerate up the street like it is an onramp onto I-5. He
looked forward to doing a walkthrough with Councilmember Paine next week.
Ken Reidy, Edmonds, requested council ask staff the difference between an opened right-of-way and an
unopened right-of-way, make sure all understand how property owners can use their property when the
City is not making public use of its easement rights. He requested council also ask staff to answer the
following questions: what is a planned right-of-way, how does a planned right-of-way get on the City’s
official street map, can the City place public utilities in planned rights-of-way before the property
easement rights have been dedicated to the City? If a percentage of the required easement width for a
street or alley has already been dedicated, why would a planned right-of-way not be indicated on the
City’s official street map? For example, a 7.5’ easement north of Daley Street exists between both 7th
Avenue North and 8th Avenue North as well as between 9th Avenue North and 10th Avenue North; both
easements were dedicated in 1890. Despite having half the required easement width for an alley, the
City’s official street map fails to disclose a planned right-of-way at either location. How is this possible?
Who maintains the official street map and what steps does the city council take to make sure it is accurate
and complete?
Edmonds City Council Approved Minutes
May 17, 2022
Page 16
Mr. Reidy continued, why do some developers of property have to deal with planned rights-of-way where
others do not have to deal with them? Do some developers of property simply get lucky because the
official street map is incomplete? Former City Attorney Scott Snyder argued in the past that
municipalities have a duty to remove obstructions in the public ways and liability if they fail to do so.
Snyder referenced a 1928 case Lund v. City of Seattle as well as a 1967 case, Turner v. City of Tacoma.
Prior to approving the TIP, he asked the council to represent its constituents and ask City staff to disclose
whether the City always has a duty to remove obstructions in the public ways and liability if the City fails
to do so. Does the duty referred to by Snyder apply to unopened rights-of-way? Does the duty referred to
by Snyder apply to planned rights-of-way? He urged the council not to approve the TIP until City staff
provides public answers to all questions asked in this public comment for the public hearing for the 2023-
2028 6-year TIP.
Finis Tupper, Edmonds, asked why Edmonds was paying more than Lynnwood for the 76th Street
project even though the City got the grant. If it is a 50/50 project and Lynnwood owns the other side of
the street, why is Lynnwood paying less when they collect a lot of taxes and have a lot of businesses such
as Alderwood Mall. He requested council ask staff why Edmonds was getting the short shrift on the 76th
Avenue project.
Deborah Arthur, Edmonds, sympathized with the speaker regarding 9th Avenue North, pointing out it
was happening throughout the City. In her neighborhood, people do not even bother to stop at stop signs
anymore and continually drive 50 mph down their street. There have been people badly hurt and actually
run over. It is especially dangerous in her neighborhood because a lot of people walk and there are no
sidewalks. She relayed an experience where someone was walking about 4 feet into the street on 80th
during daylight and was not visible due to the shade. She commented there was money available to spend
on projects and enough had been spent on bike lanes, it could continue once housing was provided.
Hearing no further public comment, Mayor Nelson closed the public hearing.
Council President Olson advised there will be a separate opportunity for Council questions and
comments. She asked if staff wanted to address any of the public comments.
In response to the comment about the 76th overlay, Mr. Hauss said Edmonds’ portion is more expensive
because there are a lot more curb ramps on the Edmonds side of the street compared to the Lynnwood
side and curb ramps are not cheap.
9. COUNCIL BUSINESS
1. PROPOSED ORDINANCE ADDING NEW CHAPTER, CHAPTER 5.70 ENTITLED
“UNLAWFUL OCCUPATION OF PUBLIC PROPERTY” TO THE CITY CODE
Patricia Taraday, City Attorney’s Office, said the latest proposed ordinance is included in the packet that
takes into consideration the amendment that was approved at the last council meeting related to the
redefinition of available shelter to be located within a 35 mile radius with a starting point of Edmonds city
hall. She was available to answer council questions.
COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO LIMIT COUNCIL CONVERSATION TO THREE MINUTES PER TURN AND SIX MINUTES
IF A STAFF REPLY IS INVOLVED.
Council President Olson commented this has been on the council’s agenda three times before and much
has been said and repeated. It would be helpful to get new input if councilmembers limited their
comments to three minute increments.
Edmonds City Council Approved Minutes
May 17, 2022
Page 17
Councilmember L. Johnson said she would not support the motion. She found it offensive that Council
President Olson was attempting to censor other councilmembers on this subject. It has never been done in
the past; there have been many contentious issues in the past where councilmembers have had of plenty
opportunity to speak and some on the other side of the issue from her on this have gone on for 15-20
minutes. It seems inappropriate to do this at this point, especially on something as important as this.
Councilmember Paine did not support the motion. This is a matter of great importance, limiting
discussion also limits the ability to have a good discussion regarding public policy. The council is talking
about civil rights, civil liberties and the ability to make an informed decision that is broader than just three
minutes’ worth. This is constraining council voices and is inappropriate in so many ways.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
AMEND TO CHANGE THREE MINUTES TO TEN MINUTES.
Councilmember Buckshnis agreed the same comments have been heard from the same individuals. She
did not plan to speak much because she has said the same thing three times and has answered numerous
emails. It is difficult for councilmembers to collect their thoughts and make a comment in three minutes,
especially when councilmembers were not apprised of this new rule in advance although she recalled
there have been new rules made in the past. She did not mind that the council president was conscientious
of the fact that the council has discussed this many times and the same information has been provided by
councilmembers. She summarized three minutes was a little limiting for councilmembers.
Councilmember L. Johnson said she did not support limiting councilmember discussion. Out of fear that
by not supporting the amendment, comments will be limited to three minutes, she will support ten
minutes.
Councilmember Paine commented ten minutes is still very limiting. There has been a lot of discussion
both in person, over the internet and via email. This is not a one-sided position from the community. The
council has heard from community members and other jurisdictions and agencies. This is not a simple
matter. Three minutes is very limiting, ten minutes is better so she will support that.
City Clerk Scott Passey commented according to Robert’s Rules, there is already a ten minutes per speech
limit so he was uncertain the amendment was necessary. The council could just vote this up or down and
if it fails, the limit would be ten minutes if the council wanted him to set a timer.
COUNCILMEMBER BUCKSHNIS WITHDREW THE AMENDMENT WITH THE
AGREEMENT OF THE SECONDER.
UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON AND
TIBBOTT AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN,
BUCKSHNIS, PAINE AND L. JOHNSON VOTING NO.
COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO ADOPT ORDINANCE NUMBER TO BE DETERMINED, ADDING A NEW CHAPTER 5.70
TITLED UNLAWFUL OCCUPATION OF PUBLIC PROPERTY TO THE CITY CODE.
Councilmember L. Johnson commented it was difficult for some to watch anyone struggling unsheltered
on the streets. However, compassion should lead with services and increasing shelter before considering
an ordinance like this, just like the task force recommended. If things had started there, this would be very
different. However, instead of increasing shelter prior to passing this ordinance, the council is really just
saying to people go elsewhere, you are not welcome here. This ordinance presents three options: 1) go out
of Edmonds and get help in a neighboring city that does invests in shelter. Edmonds is okay with having
Edmonds City Council Approved Minutes
May 17, 2022
Page 18
other municipalities shoulder the responsibility, 2) go, leave Edmonds, we don’t care which neighboring
city you go to just as long as you are not here, or 3) go to jail.
Councilmember L. Johnson continued, the mental gymnastics that some are taking to convince
themselves and others that this is compassionate is astounding. The same councilmembers who a few
months ago were proposing to defund human services are calling this compassionate. But actions speak
louder than words; in the last three budget cycles, four of seven councilmembers proposed defunding
human services. Other cities have been working on putting resources toward addressing the crisis for
quite a while and are imploring Edmonds to partner with them. The council has received letters from
leaders and electeds in multiple neighboring jurisdictions as well as state representatives imploring the
City to remain a partner in addressing this crisis and not shift the burden to neighboring cities. She
questioned whether it was compassionate to tell people they have to leave Edmonds and then asking other
cities to shoulder all the responsibility and what is the City’s responsibility? The City’s responsibility is to
provide shelter first. One of the housing task force’s recommendations in the short term was to partner
with Snohomish County and create a hotel respite program in south county similar to the larger county
facility in Everett. The facility should provide onsite 24 hour services for homeless individuals suffering
from behavior health disorders. It should include but not be limited to detox, counseling, vocational
training, transportation to medical appointments, medication assistance and more. She asked to include in
the ordinance that this will not be implemented until that task force recommendation has been
accomplished.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
FOLLOW OUR OWN TASK FORCE RECOMMENDATION TO PARTNER WITH
SNOHOMISH COUNTY, TO CREATE A HOTEL RESPITE PROGRAM IN SOUTH COUNTY
SIMILAR TO THE LARGER COUNTY FACILITY IN EVERETT. FACILITIES SHOULD
PROVIDE ONSITE 24 HOUR SERVICES FOR HOMELESS INDIVIDUALS SUFFERING FROM
BEHAVIOR HEALTH DISORDERS. SERVICES SHOULD INCLUDE BUT ARE NOT LIMITED
TO DETOX, COUNSELING, VOCATIONAL TRAINING, TRANSPORTATION TO MEDICAL
APPOINTMENTS, MEDICATION ASSISTANCE AND MORE.
Councilmember L. Johnson said some people struggle with viewing homelessness, either because of how
it impacts them or because they don’t like to look at, and they’re being told this ordinance will help.
People think this ordinance will help, that it automatically says a person cannot camp in Edmonds, and
that is not actually the case. If the City wants to help individuals experiencing homelessness and answer
citizens who are saying this is a problem, then the City needs to put resources behind it. The council
should be leading with that; this is being done backward. She wished the City would have started with
services, but they didn’t, so she recommended doing it at the same time, providing services along with the
ordinance.
Council President Olson recalled when this topic was introduced on April 26th, she encouraged
councilmembers to look at the comments made by Deputy Parks, Recreation, Cultural Arts & Human
Services Director Shannon Burley who is in charge of the human services program. There was an
extensive list of things stated in that meeting that Edmonds was doing as supportive services and many
other things that are planned. One of those is the supportive housing that is budgeted for. A
councilmember stated on two occasions that the human services budget was defunded; that is not a true
statement, $200,000 was taken out of a general human services fund and put into a fund that would only
be used to fund a shelter along with two neighboring cities and community partners and possibility an
additional contribution. She emphasized the ordinance will not be enforced if there is no shelter available.
Councilmember Paine expressed support for the amendment mainly because there is a very finite group of
people experiencing homelessness in a way that is visible. The updated Kone report stated there are about
450 homeless people in Edmonds; the bulk of those people are living with friends or family members,
couch surfing, etc. She did a ridealong with the police department last week specifically to look at
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Page 19
homelessness and crime issues. The sergeant informed her there are 10-20 people who live in the rough
year-round. The more transitory people are due to Edmonds’ location on a major bus route between
Everett and Seattle. More people can be helped by adding social services. Currently the City has five
motel vouchers, it is not housing, it is shelter. The vouchers are all occupied and there is a waiting list.
Councilmember Paine continued, the City does not have a domestic violence coordinator in the police
department. One of the major reasons women become unhoused is due to fleeing violence from an
intimate partner. Two of the recent homicides were domestic violence related. These are serious and there
needs to be more focus on social services. There needs to be a coordinated and collaborative program
within the City, with agencies, with other partners and with neighboring communities. The council has
heard from Shoreline’s mayor, an Everett councilmember and others. Edmonds does not have a
collaborative, coordinated human services program yet. The City hasn’t had a chance to put it in place
due to the pandemic. The City has the right ideas but has not done anything more than the five motel
vouchers.
Councilmember Paine continued, there is not an enormous problem in Edmonds; the worries about cities
to the south and north are not in Edmonds in the way that was depicted in some of the testimony. She
found it annoying when bigger city media use imagery from other cities when talking about Edmonds
when those problems do not exist in Edmonds. Edmonds has a lack of good social services. More people
will become homeless due to not focusing on better human services to keep people in their homes and
providing services through the domestic violence coordinator, etc. The City needs to focus on following
the recommendations from the homelessness task force before taking action to criminalize homelessness.
Councilmember K. Johnson said she served on the planning board about 12 years ago. At that time, there
was a community of homeless camps circulating around Seattle and the eastside. In anticipation that such
a camp may locate in Edmonds, code was created that provided for homeless camps on large properties,
typically churches. These facilities would have a monitor, have restrooms, tents would be on a grid
pattern, and there would be no alcohol, drugs or weapons. None of these encampments have occurred in
Edmonds, but it is an alternative that is available and could answer some of the claims regarding the
heartlessness of Edmonds and inability to provide safe housing. That opportunity does not involve this
ordinance, which is related to public camping on public land, but if a compassionate church wanted to
provide safe housing, it is a possibly in Edmonds.
Councilmember L. Johnson said she stands by her previous comments; during the last three budget
cycles, four of the seven councilmembers…
Councilmember Buckshnis raised a point of order, stating Councilmember L. Johnson had already had
opportunity for discussion. Mayor Nelson said each councilmember was allowed to speak for ten minutes,
Councilmember L. Johnson has not spoken for ten minutes or spoken twice.
Councilmember L. Johnson continued, during the last three budget cycles, four councilmembers proposed
defunding human services. During the budget redo in 2022, three councilmembers proposed removing
$200,000, 1/3 of the budget, from human services. It did not pass and was eventually set aside. She and
Councilmember Paine worked hard to defend and protect the human services budget. During 2021 budget
deliberations, the same three councilmembers voted to defund the human services budget by half. In the
2020 budget deliberations, one councilmember voted to completely remove the new half-time human
services coordinator. Every year since it was first suggested, councilmembers have attempted to get rid of
or defund the human services department so it cannot be effective. She asked what happened in the next
budget cycle. They are saying they are compassionate and that this is effective, she asked them to make a
public commitment and tie this ordinance to that commitment by partnering as suggested by the City’s
homeless task force.
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Councilmember Buckshnis said obviously she knows the budget well and is a fiscal manager. There was
actually $500,000 set aside for human services which would be great if the City had the capability of
doing it. It was a new department and unknown; the proposal was not to defund it, but to amend the
amount and that did not pass. Last year the budget was pushed through and some councilmembers were
not at the adjourned meeting where it was passed and it was later revisited. The $200,000 was in addition
to a $418,000 carryforward.
Council President Olson raised a point of order, suggesting the councilmember stay on topic.
Councilmember Buckshnis said she also knows numbers if anyone wants to speak with her. There were
very good reasons for moving the $200,000, because there was a $418,000 carryforward. She did not
support the amendment because staff has done a very good job and it was unfortunate that Chief Bennett
or Ms. Burley were not present. Mayor Nelson advised they were both available virtually.
Council President Olson referred to available resources, recalling in a previous meeting Chief Bennett
mentioned $7,000 was available to pay for hotel stays which is in addition to voucher availability.
Councilmember Paine said the City needs continue to press on having social services in Edmonds to keep
people from becoming unhoused. With regard to the protection of public spaces and property, it is
possible to help the unhoused find local shelter, but there needs to be human services to keep the problem
from growing. The City does not have many housing options and there needs to be a better variety of
housing options in Edmonds. Criminalizing the homeless and penalizing them with a $1000 fine is
kicking someone while they are trying down. She emphasized shelter is not housing and she wanted to
follow the homeless task force recommendations first and not last. If the council is going to make best
efforts, it needs to start with what was recommended.
Councilmember L. Johnson restated motion:
TO FOLLOW OUR OWN TASK FORCE RECOMMENDATION TO PARTNER WITH
SNOHOMISH COUNTY, TO CREATE A HOTEL RESPITE PROGRAM IN SOUTH COUNTY
SIMILAR TO THE LARGER COUNTY FACILITY IN EVERETT. FACILITIES SHOULD
PROVIDE ONSITE 24 HOUR SERVICES FOR HOMELESS INDIVIDUALS SUFFERING FROM
BEHAVIOR HEALTH DISORDERS. SERVICES SHOULD INCLUDE BUT ARE NOT LIMITED
TO DETOX, COUNSELING, VOCATIONAL TRAINING, TRANSPORTATION TO MEDICAL
APPOINTMENTS, MEDICATION ASSISTANCE AND MORE.
UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBERS PAINE AND L. JOHNSON
VOTING YES; COUNCILMEMBERS K. JOHNSON, CHEN, TIBBOTT AND BUCKSHNIS AND
COUNCIL PRESIDENT OLSON VOTING NO.
Councilmember Tibbott asked the city attorney to address comments that this ordinance would not be
enforceable. Ms. Taraday answered as the ordinance reads, enforcement is suspended against a homeless
individual if there is no shelter available. In order to enforce it against someone who is homeless, there
needs to be available shelter offered as well as human services and then refused. It is unenforceable
against someone experiencing homelessness if there is no available shelter. Councilmember Tibbott
summarized it would be enforceable if there is available shelter, it is offered and it is refused.
Councilmember Tibbott said he was impressed with the way Chief Bennett has described the protocols
they would follow regarding approaching someone that needs help; they would make every effort to offer
social services and the City’s the human services coordinator said basically the same thing. There is a
growing number of resources available in Edmonds that were not available a few years ago such as the
food bank, the Edmonds School District Foundation, etc. and other safety nets that support families. His
family has at times had homeless people or people in between housing situations stay with them and they
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Page 21
are not the only ones who have done that. There are people across the city who provide help to friends,
neighbors, students, etc. who need helping hand.
Councilmember Tibbott continued, as a councilmember he looks at the ordinance not as the first step but
one in a line of available options. It is an important step to protect parks and neighborhoods. He did not
want to see encampments formed which is one of the risks of letting people stay in parks. He was very
familiar with the encampments at Green Lake and Woodland Park which grew until the City of Seattle
decided to clear them out and he was concerned those kind of encampments could happen in Edmond.
This ordinance provides a compassionate way to engage with people, gives them an opportunity to choose
a better solution for themselves, empowers them, and is a compassionate choice.
COUNCILMEMBER TIBBOTT CALLED THE QUESTION.
UPON ROLL CALL, CALL THE QUESTION FAILED (4-3) FOR LACK OF A SUPER
MAJORITY; COUNCILMEMBERS K. JOHNSON, TIBBOTT AND BUCKSHNIS AND
COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, PAINE AND L.
JOHNSON VOTING NO.
Councilmember Chen explained he voted no on the call the question because he wanted to speak and
wanted to proposed another amendment. He understood the issue and what’s at stake and appreciated the
public speaking out on both sides. It is a big, complex problem that affects the lives of the housed and
unhoused. This is a new ordinance and there is no data yet that the human services and police will collect
related to providing shelter, assistance, etc.
COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER PAINE, TO ADD
TO SECTION 4, THIS ORDINANCE IS SUBJECT TO A SUNSET DATE OF ONE YEAR FROM
THE EFFECTIVE DATE AND CAN BE EXTENDED BASED ON DOCUMENTATION
COLLECTED BY HUMAN SERVICES AND THE EDMONDS POLICE DEPARTMENT.
Councilmember Chen said this is a reasonable approach when dealing with this complex problem. The
City will step forward with this ordinance and at the same time, focus resources to provide shelter, food,
social services, and other services depending on the need. He invited human services and Chief Bennett to
comment. Based on the data collected up to one year, the council can evaluate how effective the
ordinance has been and decide whether to extend it or sunset it and set a temporary sunset date of one
year.
Ms. Burley commented it has been hard to make progress in the current situation. It has been hard for
human services department to make progress given the budget conversations that lasted into March and
then these conversations that have taken a significant amount of time. There is a pretty small staff to make
the progress they want to make related to shelter. She cautioned adding things takes time away from
staff’s ability to serve people. To an earlier point, she agreed shelter has to be available for the ordinance
to be enforceable. Having a hotel respite program up and working in one year’s time would be fantastic
and is definitely one of staff’s goal and absolutely they are working with Snohomish County. Snohomish
County is heavily committed to adding property that would become available. She asked council to
recognize that when staff does not know the direction, it is hard to make progress. What she is seeing is
unanimous support from council for increasing shelter and housing options support in Edmonds, that
housing options and shelter matter. Her marching orders coming out of this discussion, regardless of the
vote on the ordinance, is the City needs more shelter and more housing options. She committed to doing
everything possible to increase shelter in south county regardless of the outcome of this vote. She
cautioned administrative layers are often perceived as barriers given the size of the current staff.
Chief Bennett said the police department keeps records such as CAD data and reports related to any
arrests including final clearance codes on calls. The police department could produce data related to any
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Page 22
arrests made in conjunction with this ordinance. CAD data could categorize contacts related to welfare
checks or checking mental status. She was happy to provide that information whenever requested by
council.
Councilmember Chen commented those are great resources; his amendment is to have the ordinance in
place to protect the housed and unhoused. The ordinance is unenforceable unless shelter is available and
refused. He supported looking at the data collected and making a decision a year from now.
Councilmember Paine asked how much conversation has occurred with neighboring communities as this
ordinance was developed regarding the impacts of the ordinance as it essentially shifts the burden.
Councilmember K. Johnson raised a point of order, stating the councilmember was not speaking to the
amendment. Mayor Nelson ruled he would allow her to continue so he could determine if she was
speaking to the amendment.
Councilmember Paine said her question was regarding the work done to develop the ordinance which
would help decide whether to have it sunset in one year. She asked if staff talked to neighboring
communities about the impacts of the ordinance and whether there were laws in place to protect parks
from overnight camping. She was aware vehicles were not allowed in parks overnight. Ms. Burley
answered in working with Snohomish County to stand up additional shelter or respite programs, Edmonds
is the prevailing city in south county that is tackling this subject and making progress. She has not seen
neighboring jurisdictions moving in this direction or requesting funding from Snohomish County. When
shelter is located for individuals, it is often in a neighboring jurisdictions. She was not entirely sure
whether the ordinance would have a disproportionate impact or not. There are park hours and a person
can be asked to leave if they are in the park after hours.
Chief Bennett answered there is an ordinance covering city parks occupied outside of park hours.
Edmonds has done a pretty diligent job addressing this issue, putting money toward a human services
department, hiring a social worker, etc. She was proud to work for Edmonds which has done a lot to
compassionately and collaboratively address this issue.
Council President Olson expressed appreciation for her colleagues thoughts, but sunsetting means it will
no longer be needed in a year, versus revisiting. Revisiting means if new information is learned, a change
or improvement could be made. She read the information from Shoreline and considered that approach,
but did not necessarily think it was better. She did not support the concept of sunsetting the ordinance,
recommending the council be openminded to making modifications when necessary.
Councilmember Buckshnis did not support the amendment, pointing out the council has the right to repeal
or amend the ordinance at any point including next week if the council wanted. Including a sunset date
means hurrying up and trying to get a lot of work done when things move very slow in government. She
would like to have an update from the chief to a council committee so the council is apprised of what’s
happening. She preferred to put the ordinance in place as enough people have reviewed it, it is very
thoughtful and it is something the residents need.
With regard to whether to supporting the sunset amendment, Councilmember L. Johnson said there is no
timeframe given for when shelter must be accepted. She asked how much time is allotted for building
relationships and assessing individual needs before deciding the individual has refused shelter. For
example, a police officer sees an individual looking as if they intend sleep/stay overnight and there
happens to be shelter available, does the person have to accept being transported to Everett or is time
spent building a relationship to assess the individual’s needs and build trust? The ordinance states work
with human services and additional services, but there is nothing to stop it from being a onetime
interaction before someone could be criminalized. Additionally, she asked about return transportation; if
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Page 23
shelter is found and someone is transported to Everett and stays overnight, were they now Everett’s
challenge?
Council President Olson raised a point of order, requesting councilmembers speak to the ordinance.
Mayor Nelson ruled point taken and asked Councilmember L. Johnson to speak to the issue of a one year
sunset.
COUNCIL PRESIDENT OLSON CALLED THE QUESTION ON THE AMENDMENT.
UPON ROLL CALL, CALL THE QUESTION CARRIED UNANIMOUSLY.
UPON ROLL CALL, AMENDMENT FAILED (1-6), COUNCILMEMBER CHEN VOTING YES;
COUNCILMEMBERS K. JOHNSON, TIBBOTT, BUCKSHNIS, PAINE AND L. JOHNSON AND
COUNCIL PRESIDENT OLSON VOTING NO.
COUNCIL PRESIDENT OLSON CALLED THE QUESTION ON THE MAIN MOTION.
UPON ROLL CALL, CALL THE QUESTION CARRIED (5-2), COUNCILMEMBERS K.
JOHNSON, CHEN, TIBBOTT AND BUCKSHNIS AND COUNCIL PRESIDENT OLSON
VOTING YES; COUNCILMEMBERS PAINE AND L. JOHNSON VOTING NO.
UPON ROLL CALL, MAIN MOTION CARRIED (5-2), COUNCILMEMBERS K. JOHNSON,
CHEN, TIBBOTT AND BUCKSHNIS AND COUNCIL PRESIDENT OLSON VOTING YES;
COUNCILMEMBERS PAINE AND L. JOHNSON VOTING NO.
City Clerk Scott Passey advised the approved ordinance was Ordinance No. 4261.
2. SPECIAL EVENT PERMITS AND AMENDMENTS TO ECC TITLE 4 LICENSES
City Clerk Scott Passey asked if council wanted a comprehensive presentation or the Cliff Notes version.
Council President Olson answered whatever he feel was appropriate to share.
Councilmember L. Johnson commented this was not included on the agenda until last night and most did
not hear about it until this morning. She asked if the council will be asked to make decision tonight.
Council President Olson answered no.
Mr. Passey explained this proposal has been in the works for years, however, due to COVID, the idea of
special events became superfluous given other priorities that arose. This was introduced to the PSPP
committee last September and they recommended a presentations to the full council. The City has
administered a special events permit program for many years, however, there is no adopted code outlining
the process or criteria governing issuance of special event permits. The proposal is a new chapter 4.100 in
Title 4 to provide a clear and efficient process for special events within the City. Drafting the code has
been an extensive inter-departmental effort involving almost all departments. Codes and procedures from
cities around the region were also compared and researched and many meeting were convened to
collaborate and ensure a code was drafted to meet the needs and requirements while also meeting the
primary goal of mitigating any public safety risks associated with permitting special events.
The primary goal of this special events permit code is to distinguish it from other events governed by a
formal agreement which typically come to council for approval such as the Edmonds Arts Festival, 4th of
July parade, fireworks display, Taste of Edmonds, etc. A few events like Halloween and the holiday tree
lighting are not contracted events despite their size and impacts to the downtown area. This would address
smaller events that are not partnered with the City such as benefit walks and 5k runs, store events for
customers, etc. Since the special events code will reside in Title 4, the opportunity was taken to do a
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Page 24
major cleanup of Title 4 which contains many outdated and obsolete code provisions. He met with police
leadership prior to COVID and each section of the code was reviewed to determine whether the
provisions were still valid or obsolete or covered by other City codes.
Mr. Passey continued, some sections are proposed for repeal and others have been refined to reflect that
licenses are largely reviewed through the business license application. There are also changes to the
business license code to reflect the City’s partnership with the State of Washington Department of
Licensing. Chapter 4.98, constitutionally protected events, was updated to address the need for flexibility
regarding certain protected spontaneous demonstrations. If the Council adopts the special event permit
ordinance, staff recommends adding a permit fee to the City’s Fee Schedule to be consistent with the
policy of recovering costs associated with reviewing and issuing City permits. Other cities with special
event permits have adopted fees, and most have adopted a two-tier fee structure based on the number of
participants in the event. The proposals includes a fee of $50 for small events (less than 100 people) and
$125 for major events (over 100 people). It is expected small events would take an hour of staff time to
review and large events would take more time as there are more impacts to consider.
Mr. Passey recommended adoption of an ordinance to codify the special event permit program and amend
Title 4 as proposed in the packet. He also recommended passage of the attached resolution to add fees for
special event permit review. His intent tonight was to introduce this item, provide a high level overview
and respond to any questions and bring it back to council for final action.
Council President Olson said she sent a long list of questions to Mr. Passey via email once the agenda
was changed to include this item. This item was originally on the agenda on April 7th. She asked if some
events that the Chamber sponsors but the City may do if the Chamber did not, should be changed to
contracts so they are not addressed by a special event permit such as Halloween and the holiday tree
lighting or if they could somehow be exempted. It did not seem appropriate to charge the Chamber a fee
to put on an event like that for the City. Mr. Passey said the proposed code includes language that would
allow the City to waive the permit fee for certain situations. It does not outline specific events or
organizations, but it does allow for a waiver.
Council President Olson suggested adding language giving those events as an example that could receive
a waiver or exemption so a fee would never be charged for those events. Mr. Passey referred to Section
4.100.090, reimbursement of fees, which allows latitude for administrative services to potentially waive
fees.
Council President Olson said in the interest of time, she would propose her amendments on a future date.
Councilmember Paine commented she appreciated the changes, noting it was a long time coming. She
remarked it was difficult to have the agenda changed 12 hours before a meeting and she was surprised to
see this item added to the agenda. She would like to have a fuller opportunity for review and suggested in
looking at the extended agenda, the first time a meeting is not already 3-4 hours was June 21st. She
supported having these changes adopted before getting into the full swing of summer when other things
start happening.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO
TABLE THIS TO A DATE CERTAIN TO JUNE 21ST AND ADD IT TO THE JUNE 21ST AGENDA.
Councilmember Buckshnis suggested it go through committee in June.
Council President Olson liked the idea of having it go to committee. She disliked committing to a certain
agenda date because other things may come up that have to be prioritized. This has been a priority of hers
and has been on the agenda three times since she has been council president including today. She assured
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Page 25
she will schedule it on an agenda at the first opportunity and suggested councilmembers do not vote for
this amendment.
Councilmember Paine commented this is important for the City; there hasn’t been a special event permit
code for years and it has been patching together in creative and good ways. Establishing a date certain
will ensure it will get the time it deserves. It has already gone to committee and been remanded to the full
council for a decision.
Councilmember Buckshnis did not support the motion; this came through committee previously, but there
were different councilmembers on the committee. There is plenty of time on the committee agenda.
UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBERS PAINE AND L. JOHNSON
VOTING YES; COUNCILMEMBERS K. JOHNSON, CHEN, TIBBOTT AND BUCKSHNIS AND
COUNCIL PRESIDENT OLSON VOTING NO.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
EXTEND TO 10:30.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
AMEND TO 10:15 P.M.
AMENDMENT CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
Council President Olson asked if the council could give a head nod whether do the next action item or go
to mayor and council comments which have not happened for a couple weeks.
Councilmember Paine raised a point of order, stating the council should vote and not do a head nod when
something is already on the agenda.
COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO DELETE THE LAST ACTION ITEM AND GO ON TO MAYOR AND COUNCIL
COMMENTS.
Councilmember Paine said the motion to discuss the proposed amendment was added to the agenda and
should be heard. It is in direct relationship to human services and it helps build out some of the internal
city and council infrastructure regarding human services. There should not be any objection to that and it
is not a complicated ordinance.
Councilmember L. Johnson apologized for not supporting the extension to 10:30; she did not remember
there was another agenda item. She supported the opportunity to hear this item as well as mayor and
council comments which haven’t been provided for a number of weeks.
UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS K. JOHNSON, TIBBOTT
AND BUCKSHNIS AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS
CHEN, PAINE AND L. JOHNSON VOTING NO.
3. PROPOSED ORDINANCE FOR ADDING HUMAN SERVICE UPDATES TO A
STANDING COUNCIL COMMITTEE
This item was removed from the agenda via action taken at the conclusion of Agenda Item 9.2.
10. MAYOR'S COMMENTS
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Mayor Nelson reported he was honored to read the proclamation for Police Week. He urged everyone to
thank Edmonds officers individually or in whatever way they preferred. He expressed his appreciation for
everything the police department does to keep everyone safe.
11. COUNCIL COMMENTS
Councilmember L. Johnson announced her appointment of Crane Stavig to the tree board and thanked
him for his eagerness to serve. She thanked her previous appointee, Donna Murphy, for her time and
commitment to the tree board.
Councilmember L. Johnson said tonight seven councilmembers voted on the civil liberty of our most
vulnerable residents and five chose to criminalize those experiencing homelessness prior to offering
shelter. After this meeting adjourns, each councilmember will return to the shelter of their homes and
sleep in a warm bed. This ordinance leaves many unknowns. She had two questions that weren’t
answered because councilmembers chose to call the question. They weren’t even willing to put on and
hear tonight about having this go to committee for report backs. This ordinance does nothing to address
the root cause, puts the City at risk for civil rights lawsuits, is a poor image for Edmonds to lead with, and
it does not follow the recommendations of the City’s task force or the experts. It puts additional strain on
neighboring cities and creates a false narrative that the City is doing something to help those who are
homeless and to help those who are impacted by having homeless individuals around them. It does not
solve anything and it is a sad day for Edmonds.
Councilmember Paine commented there have been lengthy public comments at all the meetings where
this issue has been discussed. The council has heard from residents with real life experience working with
the poor and unhoused individuals in the community. They all said there needs to be a coordinated plan
for an effective human services program. Edmonds does not have any shelters; there are five motel
vouchers. Motel vouchers are not stable, supported housing and shelters are not housing. There is no
medium term housing that offers supportive services and there will not be any in this community for the
next couple years. There are no domestic violence services through the police department to help develop
a coordinated plan to help domestic violence victims get into housing when it is unsafe for them to stay in
their own homes. There is wide consensus that having wrap-around services to support individuals is best
practice and that is not available in Edmonds. She agreed it was a sad day in Edmonds, recognizing law
enforcement does their very best and she enjoyed her ridealong. The human services department is doing
all they can to keep people houses in as safe a condition as possible. This ordinance will not make them
any safer and may erode some of the trust in relationships because they fear being criminalized and sent
to jail.
Councilmember Paine condemned the racism displayed in the grocery store shooting in Buffalo, New
York, an act of terror that crushed the community. The most basic action of shopping for groceries, saying
hello to neighbors is something so many do and take for granted. Everyone needs to work together to
build a more peaceful and inclusive society. Grocery store shootings have been happening with more
frequency nationwide. Grocery store unions just had contract language changed to get the safety training
they need to get customers and coworkers out of the store in the event of a shooting. This was widely
supported by both the grocers and the unions. On March 17, 2022, there were white nationalist stickers in
downtown Edmonds. There was a police complaint and the perpetrators were identified and charged. The
person is on a federal white nationalist extremist watch list. Late last year there were other similar hate
incidents involving stickers that were not criminally charged. Washington State has been on the leading
edge for white nationalism and it is scary to have it happen in Edmonds. She urged everyone to pay
attention and care for the community in a better and more productive way.
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Councilmember Paine reported the Watershed Fun Fair was a lot of fun and it was a beautiful day to be
outside. She wished better could have been for the City today.
Councilmember Tibbott said he was proud to be a councilmember in Edmonds, proud of the City and
proud to live in an positive environment where people are generous and friendly toward each other. It is a
place where people look out for one another and where people are encouraged to be involved. Edmonds is
the kind of place that will get this right, a city that works toward housing and social services that meet the
needs of people who fall through the safety nets. Five to six years ago, a mayor roundtable proposed
purchasing a motel on Highway 99 and retrofitting it for family housing. The cities worked hard and very
cooperatively and committed funds to the effort, but it was found to be less than feasible.
Councilmember Tibbott continued, when he was on the council previously, he served on the Affordable
Housing Alliance (AHA) for three years; they worked very diligently across Snohomish County to create
housing options. One of the options proposed in Edmonds was in cooperation with Compass Housing.
He, then Police Chief Compaan, a city official, and an economic development commissioner visited
Shoreline’s housing complex and were very impressed with what could be accomplished private-public
partnerships. He believed Edmonds can and will get this right and will have options. He was committed
as a councilmember to working with neighboring cities and jurisdictions, and to learn from best practices
in Snohomish County and nearby cities. The City has a lot to learn from what Shoreline has implemented.
He looked forward to a different day, a better day and opportunities to make Edmonds available and a
great place for people to raise their families and enjoy the environment.
Council President Olson dittoed the comment made by another councilmember that hate has no home in
Edmonds. She was excited to welcome the Sri Chinmoy Oneness-Home Peace Run to the City of
Edmonds tomorrow, May 18th. It will begin at the Edmonds Center for the Arts and finish at Centennial
Plaza for a 5:15 p.m. ceremony. She invited everyone to join in and share the desire for peace and
harmony and to honor the Edmonds resident chosen for the international peace torch award that is
associated with the peace run.
Council President Olson recalled the council was asked what they wanted their legacy to be and to think
about their legacy when voting on the ordinance. The legacy of access to public health and safety in
public spaces is one she was proud to own. At the same time, she wanted the public to know she was
committed to the underlying causes of homelessness especially mental health and drug addiction. She
recognized more could be done, the City needs to do more and she was in the game and willing to do the
work. The ordinance is not the City’s human services program, it is one part.
Councilmember Buckshnis thanked the people who continue to reach out to her and other
councilmembers; she read all the emails. May is mental health month, a recognition that has been around
since 1949. It is intended to help eliminate the stigma associated with mental illness by raising awareness
of mental health conditions. Naomi Judd, who was a proponent of mental health, recently shot herself.
Councilmember Buckshnis said she has personally been around many people and families who have dealt
with suicide, beginning back in 1979. It is not an easy thing to deal with, but people who need help need
to ask for help or people need to help them understand there is help available. The crisis text line is
741741 or call 911 or there is information on the youth commission website.
Councilmember Buckshnis echoed the comments by Councilmember Tibbott and Council President
Olson that the City will get this right. There are a lot of people with mental illness who need care as well
as the fentanyl issue that is at record levels. Councilmember Buckshnis thanked everyone who came to
the ribbon cutting for the Edmonds Waterfront Center. It was a good to finally celebrate the opening and
Mayor Nelson gave a great speech.
Edmonds City Council Approved Minutes
May 17, 2022
Page 28
Councilmember Chen announced his appointment of Kevin Smith to the economic development
commission. He thanked Mr. Smith for his prior service and his continued commitment to the City.
Councilmember Chen expressed his personal appreciation to the brave and hardworking police. He is a
student at the Edmonds Police Department citizens academy. He is learning a lot and appreciates how
excellent, diligent, well trained and discipled the police department is; the City is in good hands.
Councilmember Chen commented the ordinance the council passed has been a struggle for him personally
due to his background. Through many nights of soul searching and studying the issues and making
amendments, it is a good ordinance that serves the housed and helps the unhoused and gets those who
need extra help the help they need. He felt at peace with his vote on the ordinance. Moving forward, the
City needs to pair the ordinance with much needed social services. The City needs to step up its game
because it does not have much to offer other than motel vouchers. He was glad to hear his colleagues
were fully committed. He is also fully committed to appropriating resources to help fund the situation as
affordable housing is the key.
COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
EXTEND TO 10:25. MOTION FAILED (2-5), COUNCIL PRESIDENT OLSON AND
COUNCILMEMBER CHEN VOTING YES.
Councilmember Chen commented the City needs to be fully committed to the issue by providing
affordable housing.
Councilmember K. Johnson commented it was a pleasure to return to the dais with the council. She
previous served on a city council task force related to opioids and will commit to continuing to work on
that issue.
12. ADJOURN
With no further business, the Council meeting was adjourned at 10:15 p.m.