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Cmd71922 Edmonds City Council Approved Minutes July 19, 2022 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES July 19, 2022 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Will Chen, Councilmember Neil Tibbott, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember STAFF PRESENT Jessica Neill Hoyson, HR Director Susan McLaughlin, Dev. Serv. Director Kernen Lien, Planning Manager Jeff Taraday, City Attorney 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 Buckshnis read the City Council Land Acknowledge Statement: “We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water.” 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER, STRIKING ITEMS 9.3, POSITION CONVERSION TO 1.0 FTE FOR DV COORDINATOR POSITION, 9.4, PUBLIC DISCLOSURE SPECIALIST POSITION REQUEST, AND 9.5, NEW PUBLIC RECORDS ASSOCIATE POSITION, AT THE REQUEST OF STAFF, AND CHANGING COUNCIL BUSINESS ITEM 9.6, OPEN PUBLIC MEETINGS ACT (OPMA) TRAINING (PART 2), TO ITEM 9.3. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described procedures for in-person audience comments. Edmonds City Council Approved Minutes July 19, 2022 Page 2 Joan Longstaff, Edmonds, offered condolences to all who have served with Councilmember K. Johnson, recognizing how valuable she was to the City and to the community. She referred to comments the public has made about how Councilmember K. Johnson listened, recalling during the last election she complimented her hair in her campaign materials; the next day Councilmember K. Johnson showed up with a new hairdo. Next, Ms. Longstaff invited the public to the Walk Back in Time at the Edmonds Memorial Cemetery on Thursday, July 21 from 1:00-2:00 p.m. which will recognize pioneers buried in the cemetery. Marjie Fields, Edmonds, was saddened by the passing of Councilmember K. Johnson, commenting she will be missed. She referred to the Waterfront Study which makes many important points, primarily points that were already known such as the change made long ago regarding plans for the state ferry’s use of the Unocal property adjacent to the marsh. The land use comprehensive plan element emphasizes goals for open space, especially in areas such as the Edmonds Marsh. The study emphasizes the importance of rezoning the Unocal property to open space, extending the City’s right of first purchase until cleanup makes the purchase possible as well as the importance of public process for decisions. While she strongly supports a public process, public input needs to be informed input; public education is needed regarding environmental issues such as salmon habitat, climate change mitigation and expected sea level rise. The report also points out a missing piece, City affirmation of intent to rehabilitate the marsh into a functioning estuary. This omission is a major obstacle for moving forward. All the items in the report are already known and she questioned why the City continues to fund plans and studies instead of moving ahead with action on the information. She relayed a quote, planning should be preparation for action, not a substitute. One new item in the report, after extensive praise for the value of beaches that attract visitors from near and far, the consultant suggested there should be a hotel and recommended a hotel feasibility study. She questioned the idea of someone making money by commercializing the valuable beaches and why the City would fund such a study as it would benefit developers. She strongly recommended that idea be discarded and move ahead with other ideas. Kathleen Sears, Edmonds, commented with the passing of Councilmember K. Johnson, the community has lost a hardworking, dedicated citizens and the Edmonds Marsh has lost a stalworth champion. Councilmember K. Johnson was a year behind her at Edmonds High School and they shared a lifelong love of the Edmonds Marsh. She was grateful to Councilmember K. Johnson for all she has done to protect the marsh and hoped the council would carry that important work forward. This morning, she checked in people for the marsh work party; over the past four days, 35 people ranging in age from 16 to early 70s wrestled blackberries, balanced precariously on pallets to remove noxious nightshade, and donned waders to cut and haul out sections of an old chain link fence. If there is any doubt that the people of Edmonds love the marsh, she suggested observing the next work party would dispel those doubts. She referred to a My Edmonds News article about the City’s open house last October on the 2024 comprehensive plan update focused on waterfront issues where 75% of attendees rated marsh restoration as a 4 or 5 on a 1-5 scale. People in Edmonds care about restoring the marsh. The recently adopted PROS Plan included strong recommendations to expand the Edmonds Marsh estuary to include the Unocal property, develop a funding strategy for purchase of the Unocal property, etc. She urged the City to include this same strong wording in the updated comprehensive plan so the City can obtain necessary grant funds. She applauded the City for including a gap analysis for equity as part of the update process; equity and the environment are not in conflict and she urged the council to reject that false dichotomy. A thriving city needs both equity and a flourishing environment. The funding sources for equity projects such as improving Edmonds’ access to Lake Ballinger or adding parks and open spaces in underserved areas are separate from the ample funding sources for salmon recovery; the City can do both. Jay Grant, Port of Edmonds commissioner and liaison to the city council, commented a lot of people will miss Councilmember K. Johnson, but the community will miss her voice. As he got to know her over the past few years, there were a few times he did not agree with her votes but knew her well enough to talk to Edmonds City Council Approved Minutes July 19, 2022 Page 3 her about it. With the knowledge and experience she had as a professional planner, she was an advocate for Edmonds residents. When discussing her vote, she used her knowledge and experience to benefit the citizens. Next, Commissioner Grant advised the Port will look at the Waterfront Issues Study. The Port has many stakeholders including BNSF, private land owners, and Washington State Ferries so it is not as simple as it may seem. There are a lot of issues to consider including rising tides, development, the marsh, etc. that the City and the Port need to work together on. Linda Fireman, Edmonds, commented Councilmember K. Johnson was a friend to many and so important to Edmonds and she and all Edmonds residents will miss her. Next, regarding the BD2 Designated Street Front Interim Ordinance 4262, she encouraged the council to vote yes to move it forward. Edmonds has a small business district and the small businesses are needed and the issue should not be just thrown aside for more apartments and developers’ ideas. Ken Reidy, Edmonds, paid his respects to Councilmember K. Johnson, commenting she loved Edmonds and worked really hard to support her constituents and will be greatly missed; it’s a sad day for Edmonds. He referred to Resolution 1271 regarding marriage equality and Resolution 1498 regarding access to a full range of reproductive rights. Jeff Taraday was the city attorney when both resolutions were passed but they are very different. Resolution 1271 was signed by the four councilmembers who supported the resolution and not the mayor; Resolution 1498 is signed by the mayor and not any of the councilmembers who supported it. Resolution 1271 added the issue to the council’s legislative agenda which is pretty important; Resolution 1498 did not. Resolution 1271 did not adopt any policies as it is a resolution; Resolution 1498 attempts to adopt policy. Resolution 1271 was consistent with what the United States Supreme Court said; Resolution 1498 calls for amendments to constitutions that councilmembers took an oath to support. Resolution 1271 makes no mention of supporting people coming from other states to Edmonds, no mention of not cooperating or assisting whatsoever with any out-of-state law enforcement agency, public entity or private party. In expressing support for Resolution 1271, then-Councilmember Michael Plunkett stated rights come from nature and the god of nature; Plunkett stated most governments oppress or take rights, that in the western culture, government supports human rights. The July 28, 2022 city council meeting minutes document that Councilmember Tibbott said he would like to have a whereas clause added that the unborn also have rights. Councilmember Tibbott was absent on July 5, 2022 and his request was not honored. Years after Resolution 1271 was passed, city council adopted Resolution 1381 which was supposed to ensure Edmonds remains a welcoming, inclusive and safe community for all who live, work and visit Edmonds. The 2022 city council will now have to consider repealing or amending Resolution 1381 to exclude preborn life and citizens who are pro-life. He suggested it would be preferable to repeal Resolution 1498 and keep Resolution 1381 as is and urged the council to do so. Steve Brogs spoke regarding Sunset Avenue, what he calls Blackberry Avenue, commenting the water is not visible in many places due to the blackberries. He was told Councilmember Buckshnis and Council President Olson are the best ones to talk to as they get things done. He thought about cutting the blackberries himself but friends said that was up to Burlington Northern. He suggested the City get BNSF to cut the blackberries on Sunset Avenue. Adrienne Fraley-Monillas, Edmonds, said she and Councilmember K. Johnson started their friendship in about 2007 with her appointment to the Edmonds Transportation Committee; Kristiana was the chair and transportation issues was where she truly shined. She nicknamed Councilmember K. Johnson “KJ" as she saw a sense of coolness about her; she never seemed like a Kristiana and she enjoyed being called KJ. Over their long friendship, they enjoyed many things including meals out, reminiscing about riding their horses around Edmonds as children, attending political cultural events and her son Dominic who was a favorite of hers as she had no children. She had a fabulous sense of humor and was very generous to all that mattered and was always willing to engage the people around her, especially people who were socially awkward, wanting them to understand they belonged. She loved her family, especially her sister Edmonds City Council Approved Minutes July 19, 2022 Page 4 Janette Johnson who she was very close to. As most sisters agree, relationship aren’t always easy. She was proud of her father, but particularly proud of her mother who served as the district republican chair of the area and was involved in the League of Women Voters. Family meant everything to her. KJ became ill with long term issues about 3-4 years ago; she spoke with her about giving up her council position to focus on her health. KJ knew she would eventually resign but would know when. KJ faced a number of serious medical issues bravely and with determination. Ms. Fraley-Monillas said she spent much time with KJ in hospitals and in her home assisting her when possible. Their close relationship fell apart about two years ago with the political divide that hit the small town of Edmonds and the electeds. She was most sad about the amount of time KJ spent in healthcare facilities and hospitals over the past 2-3 years. She privately suggested she not run again and spend time enjoying hobbies, art, poetry, family, friends and resting for her health. KJ told her that her physician suggested the pace and stress of the council would be difficult for her recovery and recommend she resign. Unfortunately, this past election season she was encouraged to run again by some on council and some Edmonds citizens in order to have the votes needed to pass the political agenda. She believed this was too much for her to overcome. She wished people would have thought of Kristiana first and encouraged her to take care of herself and enjoy life. In the end, KJ made the decision she wanted and remained in the fast, high-paced environment until the end. She hoped she was finally able to rest in peace, saying adiós for now my friend. Jenna Nand, Edmonds, relayed her sadness at the passing of Councilmember K. Johnson. As someone who frequently attends council meetings, she recalled Councilmember K. Johnson was never scared to confront anyone, whether a consultant or expert, whenever she and probably most people in the room did not understand what they were talking about and forcing them to put things in terms that a majority of citizens could understand. That is a very valuable skill that will be lost without her as a councilmember. As a citizen activist, she will miss Councilmember K. Johnson’s presence on the council. Next, regarding the updates and improvements in the Highway 99 corridor which she commended the council for undertaking, she relayed there have been close to 1,000 deaths in the UK related to the heat wave, reminiscent to what happened in the Pacific NW last year when hundreds died because the infrastructure, social services and society were completely unprepared for such a weather event. Although that may not be at top of mind this year due to the milder summer, she hoped the planning related to the Highway 99 improvement project included building heat shelters, access to water, places to sit, shade and some sort of compassionate accommodate for the unhoused population who are the most vulnerable during heat waves to heat stroke and death. Mayor Nelson described the procedures for virtual audience comments. Greg Ferguson, Edmonds, said council should not accept the Waterfront Study as drafted and should return it for revisions such as the study recommendations 3A-F related to waiting until the 2024 comprehensive plan update to formally recognize that the ferry terminal will not be moved to the marsh. That is too late; the timeline is clearly laid out in the memo and the Unocal property could come up for sale as early as December 2023. Identification of outside natural resource agency funding and restoration partners will be a long process that needs to begin much sooner. These efforts are impeded by city planning documents that include a ferry terminal at the marsh. Salmon recovery grants will not fund a place to park cars and big boats. Next, the study recognizes rising sea levels but little attention is paid to what needs to be done about it, whether there will be a giant seawall built along the waterfront, buildings moved inland, and what happens to the beaches. A waterfront study should include a discussion of alternatives to address the most significant threat and the process used to make critical decisions about its future. He urged the council to recommend the study be revised to address these issues. He wished Councilmember K. Johnson rest in peace. Edmonds City Council Approved Minutes July 19, 2022 Page 5 Linda Ferkingstad, Edmonds, said her heart and prayers are with everyone in the loss of Councilmember K. Johnson. She always felt more informed by staff’s answers to her insightful questions during meetings and she was thankful for her dedication to the community as well the time and effort that each councilmember gives to the community. Next, with regard to the tree ordinance, she said the right to own and use one’s property is the guardian of every other right. Owners of vacant and developed property have equal rights protected by the U.S. constitution. Trees, the rights to them, and the land beneath them belong to the owner whose land they grow on. Edmonds denies constitutional protections to owners of vacant property that all U.S. citizens benefit from. Edmonds is using land use laws, excessive fees and property rights seizures to restrict or eliminate development they don’t like, limiting the responsible use of property and unbelievably charging residents for the worth of their own property, their trees, plus tree replacement fees of $2500 per tree unplanted, 1-3 trees required for each tree removed for homes. Under the unconstitutional conditions doctrine, government may not deny benefit to a person because they exercise their constitutional rights. The doctrine vindicates the constitution’s rights by preventing government from coercing people into giving them up as a requirement for permits. Ms. Ferkingstad continued, the tree ordinance enables the City to take possession of land owners’ trees and has meaningfully interfered with land owners’ possession and control over their trees. This is an unreasonable seizure of property under the 4th Amendment and the excessive fine in violation of the 8th and 14th Amendments. Fewer developments means fewer housing options and limiting housing options means urban sprawl, less economic growth and less vitality. The protections written within the constitution cannot be thrown away by a city’s ordinance and it is important to retain the freedoms and rights to private property protected by the constitution. She believed the original intent of the tree ordinance was to avoid clear cutting and encourage more trees to be planted, not to restrict and unnecessarily raise the cost of needed homes. She questioned whether anyone would honor the pledge made at every meeting, liberty and justice for all. This is an emergency for her and many Edmonds families. She requested the council remove the illegal elements from the tree ordinance. 6. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FROM STEPHEN SCHROEDER 2. MAY 2022 MONTHLY FINANCIAL REPORT 3. WRITTEN PUBLIC COMMENTS 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 5, 2022 2. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 5, 2022 3. APPROVAL OF COUNCIL COMMITTEE MINUTES 4. APPROVAL OF CLAIM CHECKS 5. ADMINISTRATIVE SERVICES JOB DESCRIPTIONS 6. UPDATE TO PERSONNEL POLICY 3.10 JOB ASSIGNMENTS Edmonds City Council Approved Minutes July 19, 2022 Page 6 7. POLICE CADET POSITION 8. PARKING ENFORCEMENT POSITION 9. OKTOBERFEST SPECIAL EVENT AGREEMENT 8. PUBLIC HEARING 1. PUBLIC HEARING BD2 DESIGNATED STREET FRONT INTERIM ORDINANCE NO. 4262 Planning Manager Kernen Lien reviewed: • Recap o Multifamily Building Permit Moratorium Ord. 4247 adopted to address insufficient design standards for multifamily only building in the BD2 zone o Extended three times –Ordinances 4253, 4254, and 4255 o Interim Design Standards adopted April 29th with Ordinance 4256 o Led to discussions regarding BD allowed uses and Designated Street Front o Council indicated a desire to explore expanding the Designated Street Front resulting in the adoption of Interim Ordinance 4262 • Interim Ordinance 4262 – Section 1: Map 16.43-1 o Councilmembers and residents voiced interest to have commercial office to support retail core o Legislative history favored pedestrian activity and commercial uses on both sides of the street as part of the original designation • Interim Ordinance 4262: Section 2 Table 16.43-1 o Clarifies ambiguities o Fill in blanks in uses created by Ordinance 3955 Edmonds City Council Approved Minutes July 19, 2022 Page 7 o Reference ground floor in ECDC 16.43.030.B for locational requirements • Public hearing required o Public hearing on interim ordinances within 60 days pursuant to RCW 36.70A.390 and RCW 35A.63.220 o Purpose to consider findings of fact for the interim ordinance and either justify its continuance or repeal the interim ordinance o Draft findings provided in Exhibit 2 of packet • Planning Board/EDC Review o BD Designated Street Issue Planning Board/EDC Schedule ▪ Intro to Planning Board June 8 ▪ Into to EDC July 20 ▪ Joint Planning Board/EDC August 10 ▪ Planning Board Public hearing September 28 o More in-depth analysis than interim ordinance limited extensions should be considered with 2024 comprehensive plan update • Staff’s recommendation o Adopt finding of fact in Exhibit 2 which would mean this interim ordinance would continue while the BD2 designated street front issue is discussed at planning board and EDC Councilmember Buckshnis recalled raising the issue previously why Ordinance 3918 which was the culmination of many months of discussion with Roger Brooks regarding the whole downtown area was not included and she was still confused why that very detailed ordinance that defines all the BD zones and the design standards and things of that nature was not included. She also questioned references to 2011 versus 2013. Mr. Lien recalled Councilmember Buckshnis referencing that previously, how the BD2 was mentioned in that ordinance. The language regarding BD2 has been there since the beginning of the BD zones where it states mixed use commercial, it was not established by Ordinance 3918. When the legislative history was compiled, the focus was on the designated street front itself. Ordinance 3918 was a continuation of the 2011 discussions when the designated street front happened. He reviewed: • Ordinance 3918 – Design Standards and building step-back o Applied Chapter 22.3 ECDC Design Standards to all BD Zones (formally used to only apply to BD1) o The step-back resulted in loss of usable space without achieving benefit in design o Step-back was eliminated and design standards applied o Did not deal with the designated street front at all which is why it was not included in the legislative history Council President Olson said this supports what Mr. Lien said earlier about a possible segue to the comprehensive plan and how taking those in isolation was not necessarily the right thing. She referred to language in the Waterfront Study about extending the waterfront westward and connecting it to the shoreline by encouraging mixed use development and pedestrian oriented amenities, etc. She wanted to bring that to staff’s and the council’s attention in the context of integrating studies and ideas. Councilmember Paine said she looked forward to the presentation tomorrow at Economic Development Commission (EDC) and hoped that presentation will include economic analysis such as the study that was done regarding commercial versus multifamily residential in that zoning. Mr. Lien said the limited market study analysis provided when council adopted Ordinance 4262 in March has been provided to the EDC and will be part of the presentation tomorrow. Councilmember Buckshnis requested that study be provided to the council. She commented highest and best use is always density. She recalled a great deal of time was spent with Roger Brooks and determining these zones. Edmonds City Council Approved Minutes July 19, 2022 Page 8 Mayor Nelson opened the public hearing. Greg Brewer, Edmonds, expressed support for expanding the street frontage lines for the BD2 mixed use commercial zone. The manner in which the code governing the BD2 zone has been interpreted is of great concern; the code should never need a 13-page document produced by staff and city attorney to explain an interpretation. The code seemed clear to the public who commented months ago about allowable uses, ground floor must be commercial for the first 45 feet. Unfortunately, interim standards needed to be adopted quickly so the moratorium could be lifted. In the process, a permitted use language change was included along with the interim design standards; those are two separate issues. Council took action to extend the street frontage line to protect more of the small and fragile business district, an effort he fully supported, but the work is not done as these are interim standards. As the street frontage ordinance moves through the EDC and planning board, he urged citizens to speak up and encourage expansion of the line. This is a time to go the extra mile for the downtown business core and protect all BD2 parcels for their intended use, mixed use commercial. Edmonds has been deemed a desirable location to visit and live. This same scenario has played out around the world; a small town is discovered, people and money flow in, development follows and in some cases new development displaces the very thing people came for. Pressure to develop will be immense and the downtown core will become even more precious as the city grows and citizens require more businesses and services to meet their needs. With thoughtful and careful planning, the small scale and charm of downtown Edmonds has been saved and should continue. He urged the council to give the entire BD2 zone protection from 100% residential development. Kathy Brewer, Edmonds, spoke in support of protecting and preserving the BD2 zone for what it was designed for, downtown mixed commercial. The code states multiple dwelling units must be located on the second floor or behind the first 45 feet from sidewalk or rights-of-way. It was designed this way by wise predecessors to ensure a healthy and vibrant downtown business core. It is a very small but important zone and 100% residential should not be allowed to encroach on BD2. The businesses in the BD2 zone should be protected. Due to staff’s reinterpretation of code putting BD2 requirements into question, council voted to extend the blue line so that mixed commercial clearly must be adhered to a few lots up on Main Street & 6th in the BD2 zone. This was to prevent an oversized, ugly apartment building box from marring the historical downtown gateway and taking away businesses in the business district. It should have never gotten this far. This was necessary and important and should be supported and upheld. She asked why mixed commercial was only being preserved on the blue line; there are lots in BD2 with businesses not on the blue line that are in jeopardy of being developed into 100% residential including one on Dayton west of the library that has always housed businesses in a building built in 1901. It was originally Baker’s Funeral Home, a charming character-filled craftsman building with a similar style detached building in the back that also houses a business. These two historical structures with business space are in danger of being destroyed to allow a 100% multifamily apartment building by the same developer. If it is designed anything like the project on Main & 6th, there should be concern. Ms. Brewer continued, replacing buildings used for businesses with 100% residential should not be allowed in the BD2 zone. Every building on the north side of Dayton, where this building is, up to the library is mixed commercial. This property should also remain mixed commercial. During a recent discussion with Planning Manager Kernen Lien, she was told during the course of creating interim design standards for multifamily only in the BD2 zone, the code was rewritten to allow 100% multifamily outside the blue line in BD2. It appears staff has taken advantage of the situation to rezone the BD2 zone. Staff should not be allowed to rezone and eliminate businesses under the guise of improving design. She requested council ensure this interim rezone language is not made permanent. There are two solutions to this rezoning attempt, 1) hold staff to code that BD2 is mixed commercial everywhere in the zone, not just on the blue line, or 2) extend the blue line throughout the BD2. This way everything that is built from Edmonds City Council Approved Minutes July 19, 2022 Page 9 now on in BD2 will preserve and protect the businesses that are there. There are other zones that allow 100% multifamily in Edmonds and a lot of new apartment building are being built there. That is good, but it is not good in the BD2 zone. She urged the council to do the right thing for the downtown business district. Michelle Dotsch, Edmonds, expressed her sincere sadness on the passing of Councilmember K. Johnson. She had smarts, inner strength, class, and humor and stayed focused on Edmonds and all its citizens and will be greatly missed. With the BD2 street front designation and BD2 multifamily design standards now on separate tracks, she respectfully reminded the council to take holistic control of the process once it come back to council. The BD2 spot rezoning and rewriting of primary uses will alter core downtown zoning from its original intent to have areas carved out for by-appointment businesses, often the small, family owned ones for which Edmonds is well known, in the primary retail core where they belong. Businesses in the BD2 zone create desirable jobs that pay a living wage which should be welcomed and encouraged. These primary professional offices or home office uses create vital connections with their clients and staff in the adjacent BD1 core retail and restaurant businesses, supporting a harmonious and economic viable commercial core of the precious downtown that has stood for over 100 years. If this core zoning is now permanently altered in a piecemeal fashion, it will neglect constituents’ desire for the small downtown to continue to be a core meeting, gathering, prosperous and eclectic mix of what makes the unique town of Edmonds special. Many councilmembers ran on keeping the downtown core intact. Those who visit or work in Edmonds have glowing praise for Edmonds. One block from council chambers, there is commercial development, the Commons and before that, the Graphite Building. The downtown commercial core is strong and a desirable place to do business from the business owner, visitors and community members’ perspective. Ms. Dotsch urged the council to carefully review this process when it comes to council, and at a minimum, consider expanding the street front designation up the north side of Dayton which currently allows for mixed commercial, residential homes and home-based businesses. The BD2 multifamily only design process seems to be a bit off the rails after watching the last Architectural Design Board meeting where over half the time was used by staff to promote adding roof decks even though council clearly expressed this was not the process for that. She supported the continuance of interim Ordinance 4262 so there can be robust local involvement and encouraged council to oversee this process from beginning to end. The Chamber is also a valuable resource. She requested hiring an outside company to review and organize the Edmonds City Code be an immediately priority as the City approaches the comprehensive plan process. Having it done by a professional person or company will ensure these types of irregular zoning, loopholes and code language issues are not continually creating critical hiccups that force everything to stop and restart with piecemeal underwhelming results. With the planning department currently understaffed, it would seem more prudent to have someone outside the department who has the time and in-depth knowledge to give Edmonds an understandable and consistent code before 2024. Joan Longstaff, Edmonds, recalled the Chamber was formed in 1908. When she opened her brokerage in 1980, the first thing she did was attend a Chamber meeting. At that time, the Chamber was dying and South County Chamber wanted Edmonds to join them. Members of the Edmonds Chamber worked hard to ensure the Chamber survived and part of that was the downtown zoning with businesses on the main level and residential above. There is plenty of opportunity for multifamily in the community but it doesn’t have to be there. Jenna Nand, Edmonds, relayed the community’s preference for the council proceeding with caution when making changes to zoning in the downtown core. The City is responding to regional pressure created by forces outside its control like Jeff Bezos deciding to build an entire Amazon headquarters on the middle of south Lake Union, easy driving distance to Edmonds, raising the issue of whether Edmonds is a bedroom community for Seattle or does it have its own unique identity. She recalled in 2019 Edmonds City Council Approved Minutes July 19, 2022 Page 10 Councilmember Olson suggesting defining Edmonds charm, what makes Edmonds charming and how to protect it. That is related to things other commentors have raised such as historical structures which may not be the most efficient at housing density but Edmonds character and identity needs to be considered versus the behemoth neighbor Seattle. Shoreline decided to do a 50,000 unit upzone in response to the light rail. She grew up in Shoreline and no longer recognizes it other than Seattle sprawl. She urged caution for anything that would take away from the business-related nature of BD2. Ken Reidy, Edmonds, expressed his strong support for all the great citizen comments made tonight by Greg Brewer, Kathy Brewer, Michelle Dotsch, Jenna Nand, Joan Longstaff and incredible comments made previously by Linda Fireman. This has been one of the most complicated issues to track and follow that he has witnessed in all the years he has been engaged with Edmonds city government. It has been extremely difficult to keep track of what’s going on from one step to another. He encouraged the council to step it up; there is a lot of work to be done and the City needs to work hard to engage citizens to get this right. The City has a very poor history of moratoriums and interim zoning ordinances over the years including forgetting to have the required public hearings within 60 days such as Ordinance 4006 in June 2015 as well as the recent Ordinance 4210. He encouraged the City to improve its practices as a city government. The process needs to be followed for interim zoning ordinances and moratoriums to do it right which includes adopting findings of fact. Although the council can have someone else do it by adopting whereas clauses as the findings of fact, he encouraged the council to take it to a higher level and not adopt findings of fact in a whereas section, but write their own findings of fact that justify why they adopt an interim zoning ordinance or moratorium. He was hopeful there would be improvement in the future and thanked the council for their hard work. Jay Grant, Edmonds, said he was encouraged by the comments made by the previous speakers. His family moved to Edmonds in 1963, he walked to Edmonds Junior High School, dear friends owned the Edmonds Hardware Store, and Edmonds was a safe place to be. There are over 200 multifamily complexes in Edmonds; preserving the downtown core for thriving businesses is very important. Mayor Nelson closed the public hearing. Mr. Lien advised the finding of fact are in Exhibit 2 of the packet for council consideration. Councilmember Buckshnis wanted to ensure BD2 zones retain the spirt of Ordinance 3918 which defined BD2 as downtown mixed commercial. She recalled requesting that Ordinance 3918 be part of this but did not see it. City Attorney Jeff Taraday requested she elaborate on what she meant, whether it was her intent not to allow any residential only buildings in the BD2 zone. Councilmember Buckshnis answered that was correct. Mr. Taraday said that would require a code change that the council has not yet adopted and was not under consideration tonight. Tonight’s business is for the council to state their justification for the existing interim ordinance that has already been adopted. There is nothing to prevent the council from adopting an ordinance such as Councilmember Buckshnis described, but the council would need to provide direction regarding whether that would be done on an interim basis and whether it would be sent to the planning Board. The normal process for an interim ordinance is the planning board reviews it and makes a recommendation to the city council on a permanent ordinance. What Councilmember Buckshnis described could theoretically be part of the planning board’s recommendation for a permanent ordinance, but he did not know to what extent that was already within the range of possibilities the planning board was already considering. Mr. Lien said once the interim ordinance is passed, it goes to the planning board to review the interim ordinance and make a recommendation to council. The designated street front went through that process at the EDC and planning board in 2011. Councilmember Buckshnis said the council had a public hearing and now there are findings of fact to consider but she has heard completely different information from the public. She supported retaining the Edmonds City Council Approved Minutes July 19, 2022 Page 11 BD zoning in accordance with the ordinance and if there is a desire to redo downtown zoning, it should be done very carefully and not just spot zoning. Citizens and she are confused and she was unsure how things left the track and there is suddenly residentially only in the downtown area when Ordinance 3918 specifically does not say residential only. She was unsure how this reached the moratorium stage as it should never have even made it to the drawing board. Mr. Lien said a 13-page legislative history was prepared regarding how the designated street front came to be. The city attorney’s and his interpretation was that multifamily use was allowed outside the designated street front. Councilmember Buckshnis said she continued to be confused regarding how ordinances are piggybacked without repealing one and starting another. Ordinance 3918 does not allow residential only. She wanted to ensure the BD designations were retained. She referred to Durbin and 6th Avenue where a speaker mentioned the former Bakers Funeral Home would be residential only but it is a BD2 zone. She wanted to retain the BD2 zoning standards originally identified in Ordinance 3918 which was never repealed. Mr. Lien referred to the 13-page legislative history that the city attorney and he prepared. The original BD ordinance did not reference designated street front but required commercial on the ground floor. The first ordinance that adopted a designed street front was Ordinance 3700. He displayed the map from Ordinance 3700: • Ordinance 3700 – BD1 Zone 30 foot depth o Map only applied to BD1 zone o BD1 zone designated street front 30-feet in depth o Zoning text –“for all other BD zones the designated street front is established as the first 60 feet of the lot measured perpendicular to any street right-of-way, excluding alleys.” Mr. Lien explained the map came about via a challenge to an interpretation regarding what was allowed on the ground floor for a property at 6th & Main and whether it was required to wrap around the corner on 6th. The council adopted an interim ordinance at that time and forwarded it to the planning board for review. The result was Ordinance 3700 that mapped the designated street front for the BD1 zones and did not wrap around the corner on 6th. He displayed the map in Ordinance 3865: • Ordinance 3865 – Revised 2011 Edmonds City Council Approved Minutes July 19, 2022 Page 12 o Designated street front mapped for all BD zones o 45 feet from mapped designated street front o Reviewed by planning board and EDC o “The purpose of the map is to clarify where the primary pedestrian areas and commercial uses are intended to be oriented within the BD Zones.” (Rob Chave, PB Public Hearing, 2011.06.08) Mr. Lien explained if the two maps are compared, it looks like an extension of the designated street front, however, it is actually a contraction because there are now portions of the BD2, BD4 and BD5 zones that do not have a designated street front. There was a great deal of discussion at the EDC and planning board and reading the minutes, they wanted to revisit it due to concern whether there should be designated street front past Howell Way and discussion about whether it made sense to have designated street front in the Arts Corridor, but it was ultimately adopted and has not been revisited. There was discussion about uses outside the designated street front; all other uses allowed in the zone are allowed outside the designated street front which is how there are residential only buildings outside the mapped designated street front. That has been a consistent interpretation for every building permit application since these ordinances were adopted, the post office building, another building with residential only on the ground floor, and a residential only building outside the designated street front. It is also consistent with the legislative history. Councilmember Buckshnis recalled there was a moratorium as a result of the 9-unit apartment that had no parking. Mr. Lien advised that resulted in another code change to require parking. Councilmember Buckshnis expressed concern with piggybacking ordinances and not repealing any. She wanted to retain the downtown core and not get into density creep, commenting there was already plenty of multifamily in the downtown area. She recalled the council spent many months on the BD2 zoning including presentations by Roger Brooks about a vibrant downtown. She recommended revisiting this to ensure the downtown core is retained. Mr. Lien advised this is the process where it will be revisited and go through planning board and the EDC. Councilmember Buckshnis said she did not understand how some of the projects in the BD2 were even proposed. Edmonds City Council Approved Minutes July 19, 2022 Page 13 Council President Olson agreed this has been very confusing and the fact that there is a 13-page explanation is evidence of that confusion. She understood there wasn’t a zoning change, changing to say that multifamily allowed is the result of the 13-page explanation that outlines the legislative intent along the way. She reiterated there was not a zoning change, the 13 pages clarify what happened. What another councilmember is mentioning is whether the council wants to make different changes. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO ADOPT THE RESOLUTION IN THE PACKET, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCE 4262, WHICH ADOPTED INTERIM ZONING FOR THE BD ZONES. Council President Olson commented there are many intermixing parts and it has been a long time since a deep dive was done on some of the planning documents and there are many separated silos. She was excited after being on council 2½ years that she had a broad enough base to put them together and understand how things mesh and to work with staff. She was glad this will go to the planning board who can take a harder look at it. There is an interim ordinance in place, and the council is required to do findings of fact to support the interim ordinance. She encouraged the council to pass the resolution and get on to the business that either backs up the interim ordinance or a different, better, permanent plan. Councilmember Tibbott expressed support for the interim ordinance; it is a good start and has brought up a lot of discussion that the City needs to have. Since 2011, the downtown has become even more vibrant than many might have expected and the commercial enterprises in the downtown zone need to be preserved. This is an appropriate time to pass this resolution to include it in the planning process. He recalled a time when the downtown core had a lot of vacant spaces and a former mayor was very involved in bringing back businesses and getting grants to support those activities. There has been a tremendous trajectory of improvement and Edmonds has become an attractive place to do business and use services. Councilmember Buckshnis referred to packet page 246 where she proposed adding a whereas clause that the council previous voted on but was never included. The previous motion was to add a whereas clause that Ordinance 3918 defines BD2 as downtown commercial. Mr. Taraday explained the findings in the packet are a draft of the council’s proposed findings. Staff cannot read councilmembers’ minds about the findings which is the reason for the public hearing. The council hears from the public, reflects on what the public says, considers the draft findings and what they heard from public and their own thoughts, and then decides whether the draft findings are significantly reflective of the council’s thoughts to warrant approving them. If they are not, the council can amend the findings so they can support the resolution. The proposed findings are a draft and can be amended; the findings are his best guess and opinion of the justification for the ordinance. Councilmember Buckshnis said she understands the process, but if the council voted on this whereas clause, why didn’t it appear in the document. She asked if she should make another amendment. Mr. Taraday answered she could certainly do that. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO ADD A WHEREAS CLAUSE THAT ORDINANCE 3918 DEFINES BD2 AS DOWNTOWN MIXED COMMERCIAL. Councilmember Buckshnis commented this must have slipped through the cracks as the council voted on this on April 21, 2022. Councilmember Chen said it is clear from the public comment that it is the will of the people to protect the downtown core. He expressed support for the findings of fact so it can move on to the next stage. He saw protecting the downtown core as an opportunity for Highway 99. Edmonds City Council Approved Minutes July 19, 2022 Page 14 Council President Olson raised a point of order, requesting the councilmember speak to the amendment. Mayor Nelson ruled point taken. Councilmember Chen expressed support for the amendment as the council had voted on it previously. He began to continue his comments about Highway 99. Council President Olson raised a point of order, advising the council needed to vote on the amendment before returning to general discussion. Mayor Nelson ruled point taken. Councilmember L. Johnson asked Mr. Lien to read the definition of downtown mixed commercial. Mr. Lien answered there is not a definition per se. What Councilmember Buckshnis refers to in Ordinance 3918 is language that has existed since the BD zones were originally adopted. He referred to ECDC 16.43.010 that refers to different subdistricts, “The downtown business zone is divided into five subdistricts, each intended to implement specific aspects of the comprehensive plan that pertain to the downtown and waterfront activity center. Each subdistrict contains its own unique mix of uses and zoning and regulations as described in this chapter. There are five districts, BD1, downtown retail core, BD2, downtown mixed commercial, BD3 downtown convenience commercial, BD4, downtown mixed residential, and BD5, downtown arts corridor.” There are no definitions about the uses but the use table states what is allowed in the zones as does the remainder of ECDC 16.43. Councilmember L. Johnson did not support the amendment. People have stated they found this process confusing. While she agreed the 13 pages were a lot to digest and understand, it spells out how we got to where we are. There is no clear definition of downtown mixed commercial; googling it results in a variety of definitions. This amendment continues the lack of clarity and moves things in the wrong direction. Councilmember Paine said Ordinance 3918 does not add any specificity or clarity to the BD2 which is unfortunate. She agreed things needed to be clearer and there needed to be an easier path that everyone can understand. Sometimes if the normal procedures are not followed, things get added at the last minute which does not add clarity. Councilmember Tibbott asked when the BD zones were established and if BD2 was considered a mixed commercial area, did that imply that every building would have a commercial element. Mr. Lien answered when the BD zones were initially adopted, there was a requirement for commercial on the ground floor. Mr. Lien reviewed the following • BD Ordinance History o Ordinance 3624 – Original BD zone Adoption (Jan 2007) o Ordinance 3700 – First Designated Street Front (November 2008) o Ordinance 3865 – Revised Designated Street Front (Dec 2011) o Ordinance 3894 – Interim Ordinance for Farmer’s Market (Sept 2012) o Ordinance 3902 – Food Trucks (Sept 2012) o Ordinance 3918 – Design standards and building step-back (Apr 2013 o Ordinance 3932 – Farmers Markets (July 2013 o Ordinance 3955 – BD1 GFSF (Jan 2014) o Ordinance 4190 – Parking (Feb 2019) Mr. Lien said the 13-page memo contains several excerpts from the planning board and city council minutes and it seemed clear that the planning board and council were aware that where there wasn’t a designated street front, any other allowed use was allowed in those areas. Councilmember Tibbott asked for clarification, on that date it was permissible in BD2 outside the designated street front to have residential only. Mr. Lien answered yes, beginning with Ordinance 3865 in Edmonds City Council Approved Minutes July 19, 2022 Page 15 December 2011. Councilmember Tibbott asked if the other ordinance was ever repealed. Mr. Lien answered it was not repealed, but has been amended a number of times over the years. Councilmember Tibbott clarified it did not need to be repealed, it was just amended. Mr. Lien answered yes. He explained when the designated street front was contracted via Ordinance 3865, where there was not a designated street front, all the other uses were allowed which resulted in allowing residential only. Councilmember Tibbott observed in BD2 there became a mix of uses, not a requirement for mixed use in every building. Mr. Lien answered yes, outside the designated street front. Councilmember Tibbott did not support the amendment to add the whereas clause. It’s clear it was established in 2011 that a mix of uses in BD2 was permissible. He was comfortable with the idea that the interim ordinance extends where commercial is required. He commended the planning board’s work in further developing how to expand commercial uses in BD2. That may be part of the comprehensive plan process or it may precede the comprehensive plan process. Mr. Lien answered if the intent is to take a larger, more holistic look at the downtown, that should be part of the comprehensive plan process. Councilmember Tibbott was supportive of that. Councilmember Buckshnis pointed out 2011 was superseded by 2013 when the study was done that talks about downtown mixed residential. She reiterated the council already approved this language on April 21, 2022 and it was left out. UPON ROLL CALL, MOTION FAILED (2-3-1), COUNCILMEMBERS CHEN AND BUCKSHNIS VOTING YES; COUNCILMEMBERS TIBBOTT, PAINE AND L. JOHNSON VOTING NO, AND COUNCIL PRESIDENT OLSON ABSTAINING. Councilmember Chen expressed support for adopting the findings of fact. Development is occurring on Highway 99 and services such as parks, and other luxury items in downtown should also be made available in other areas so the City is treated as one city. He supported the findings of fact to protect the downtown core, commenting the downtown is unique and deserves attention to protect the mixed use zoning. Councilmember L. Johnson commented the area is in the middle of a housing crisis. People talk about a vibrant downtown which means people and walkability; this brings people who will walk to businesses. Comments about this issue have changed over time; they started with this is ugly and box-like and included opinions that people who reside in apartments do not have the same pride in where they reside as those who live in condos or single family. She found it frustrating to parse out the real concern, whether it was a true concern about the need for more commercial or whether it was a desire to keep out additional multifamily. While she respected that Highway 99 was an opportunity, it is only one opportunity, and the City should not focus multifamily efforts in just one area. Studies show dispersing multifamily throughout the community and mixed use communities benefit the entire community. If the concern is to keep plenty of commercial available and not an attempt to keep out multifamily, consideration should be given to increasing heights to allow for true mixed use. As written, it is cost prohibitive to develop residential mixed use. If the council wants to solve problems, it should be pursued with an honest attempt. She did not support the motion. Councilmember Paine said she was satisfied with the drafted findings of fact. She shared Councilmembers Chen and L. Johnson’s concern it will be uneven. If the desire is to have vibrancy and evenness across all of Edmonds, there needs to be the same level of focus and concentration on all areas where there can possibly be good residential/commercial mixed use so all neighborhoods can benefit from commercial and vibrancy. There are similar opportunities in other business districts to improve walkability, vibrancy and get the right mix. Retail and restaurants in the City survived the pandemic, and whether people like them or not, the streateries were great example of a way to support businesses in the Edmonds City Council Approved Minutes July 19, 2022 Page 16 downtown area. She hoped there would be the same amount of time, energy, and thought given to neighborhoods so the zoning would be equally as vibrant as the downtown area. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS CHEN, TIBBOTT, AND PAINE, AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS BUCKSHNIS AND L. JOHNSON VOTING NO. 9. COUNCIL BUSINESS 1. COMMUNITY SERVICES/ECONOMIC DEVELOPMENT DIRECTOR - APPOINTMENT CONFIRMATION AND EMPLOYMENT AGREEMENT HR Director Jessica Neill Hoyson advised this item is the appointment of Todd Tatum to the community services/economic development director position. The process is outlined in the packet. She described Mr. Tatum’s qualifications: he has held increasingly responsible positions with Washington States Parks & Rec including the business development manager and is currently the division manager for parks development. He is a U.S. Army veteran who holds a master’s degree in business and bachelor’s degree in finance. His work with Washington State Parks & Rec has included providing leadership and strategic direction in planning, real estate, design of new parks, and creating historical tribal partnerships. His work included integrating both SEPA and state and local land use policy into parks plans and construction efforts. He has also worked closely with the state legislature and municipal leaders on issues related to tourism and economic development. He passed all required background and reference checks. Mayor Nelson requests confirmation of his appointment to the position of community services/economic development director along with approval of the employment contract which is consistent with previous directors employment contracts. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO CONFIRM MAYOR NELSON’S APPOINTMENT OF TODD TATUM. Council President Olson commented it was nice to have good news this week. She welcomed Mr. Tatum, commenting his collaboration and partnership background stood out and got her excited about hiring him. Councilmember Chen welcomed Mr. Tatum, commenting he enjoyed their conversation during the council interview process. Among his many other strengths, Mr. Tatum will bring emphasis on equity, a skill the City can use. Councilmember L. Johnson welcomed Mr. Tatum, commenting his arrival to Edmonds was much needed and she could not wait for him to get started as there is a lot to accomplish. Councilmember Paine welcomed Mr. Tatum, commenting it was an exciting step for everyone. She hoped he would enjoy getting to know the council. She congratulated him and welcomed him to Edmonds. MOTION CARRIED UNANIMOUSLY. 2. EDMONDS WATERFRONT ISSUES STUDY Development Services Director Susan McLaughlin introduced consultant, Scott Bonjukian, Makers, explaining he has been a great asset in helping with complex issues with the waterfront. He and staff understand the complexities with the waterfront and its iconic character and the identity it provides to the downtown core. For decades Edmonds Crossing was an assumption and removing that from the comprehensive plan is a significant gap. A waterfront vision will position Edmonds to be more defensible when agencies ask for new ideas, the City will know what it wants in partnership with those agencies. It is Edmonds City Council Approved Minutes July 19, 2022 Page 17 critical to include a waterfront vision in the comprehensive plan while fully recognizing the status of the Unocal property, the first right of refusal with WSDOT and other critical issues. She cited the importance of the marsh restoration and that area as future open space. Scott Bonjukian, Urban Planning Consultant, Makers, reviewed: • Background o Project Purpose ▪ The purpose of this project was to identify strategic updates and high-level recommendations to be considered in the 2024 Edmonds Comprehensive Plan update to reflect new information about waterfront uses, needs, and issues. - 30 references and 8 pages in the plan are dedicated to Edmonds Crossing - This affects assumptions about the future of the Downtown Waterfront and the Edmonds Marsh o Issues Studied 1. Edmonds Crossing 2. Ferry Service 3. Unocal Property 4. Edmonds Marsh and Willow Creek Restoration 5. Natural Hazards and Critical Areas 6. Railroad Double-Tracking 7. Waterfront Emergency Access 8. Edmonds Station Access Projects and Sound Transit Service 9. Bus Service 10. Port of Edmonds 11. Land Use and Economic Development o Study Area ▪ From the shoreline to 3rd Avenue ▪ From Edmonds Street to Pine Street • Project Team o City Staff ▪ Kernen Lien, Environmental Programs Manager ▪ Susan McLaughlin, Development Services Director o Makers ▪ Bob Benford ▪ Scott Bonjukian o The Watershed Company Edmonds City Council Approved Minutes July 19, 2022 Page 18 ▪ Nell Lund ▪ Pete Heltzel o Leland Consulting Group ▪ Brian Vanneman ▪ Sam Brookham • Work To-Date o Public Outreach ▪ Online meeting in October 2021 with 37 participants ▪ Live polling indicated marsh restoration, flooding and sea level rise and waterfront access issues were the top concerns. ▪ Key priorities in written comments: - Enhancing the marsh as a wildlife reserve and avoiding development - Planning for climate change - Retaining the unique charm, character, and natural features of the waterfront ▪ Stakeholder interviews in late 2021 with: - Washington State Department of Transportation (WSDOT) and Washington State Ferries (WSF) - Sound Transit - Community Transit - BNSF Railway - Port of Edmonds - Tulalip Tribes - Save Our Marsh - JSH Properties - Lund Consulting representing Chevron/Unocal o Research ▪ Over 40 reports and records reviewed to establish key facts ▪ Follow-up stakeholder conversations ▪ Research support from staff at Edmonds departments of Public Works & Utilities and Parks, Recreation & Cultural Services o Key Findings and Recommendations Memo ▪ Incorporates key findings from the research and the stakeholder interviews ▪ Makes recommendations based on the key findings, best practices, and consultant observations ▪ Organized by: - Executive Summary - Introduction - Sections 1-11 on each key issue - Section 12 with sources o Top Recommendations ▪ Create a new vision for the waterfront ▪ Recognize and support the Edmonds ferry terminal’s current location ▪ Prioritize Edmonds Marsh and Willow Creek restoration ▪ Plan for improved emergency management of the waterfront • Key Findings and Recommendations 1. Edmonds Crossing o Key Findings ▪ The project originated in the 1990’s and was active until 2005 ▪ Evidence points to the project being effectively cancelled with no signs of life - No major documentation published since FEIS - Not included in WSF 2040 Long Range Plan Edmonds City Council Approved Minutes July 19, 2022 Page 19 - Legislature did not include the project in the 2022 “Move Ahead Washington” package - The Legislature’s official stance is that the City of Edmonds should be able to purchase the Unocal Property for habitat enhancement o Recommendations ▪ Update the Downtown Waterfront vision in a community engagement process as part of the 2024 Comprehensive Plan update (1.A) ▪ Address how each Edmonds Crossing reference should be addressed in the Comprehensive Plan update (1.B-1.Q) 2. Ferry Service o Key Findings ▪ WSF plans three-boat service Edmonds-Kingston to increase service frequency and capacity ▪ WSF has not analyzed impacts of train traffic ▪ The WSF Long Range Plan anticipates a study of Edmonds terminal improvements o Recommendations ▪ Develop policies that recognize the existing ferry terminal and its current location ▪ When three-boat service or a vehicle reservation system advances, the City should collaborate on joint transportation planning ▪ Ferry Traffic Study (Recommendation 2.B) - Adopt a transportation policy that supports a ferry traffic study to assess the impacts on the Downtown Waterfront. - The study should also quantify the current number and duration of train crossing closures at Main Street and Dayton Street. 3. Unocal Property o Key Findings – Ownership ▪ 1991: Bulk fuel terminal closes ▪ 2005: WSDOT enters purchase and sale agreement ▪ December 2017: Cleanup system installed to remove contamination ▪ June 2023: Expiration of the City’s state-provided “right of first purchase at fair market value” ▪ December 2023: An assessment will determine whether the cleanup goals have been met ▪ WSDOT will be given title once the Department of Ecology has deemed the site sufficiently cleaned ▪ If deemed surplus, WSDOT will be required to receive fair market value for the property o Key Findings – Zoning ▪ The site is zoned Master Plan Hillside Mixed Use (MP2) under a 2002 contract rezone ▪ If a different zoning is envisioned (e.g. open space), the City must approve a new master plan as a comprehensive plan amendment, a planned residential development, or as a contract rezone. ▪ Alternatively, the City or the property owner may initiate a rezone at any time. o Recommendations ▪ Exercise the right of first purchase by June 2023, or update the City’s legislative agenda to include an extension of the right ▪ Determine the community’s desired future land use of the Unocal Property ▪ This public process is expected to result in a redesignating and rezoning of the Unocal Property for open space purposes ▪ Unocal Property real estate appraisal (Recommendation 3.A) Edmonds City Council Approved Minutes July 19, 2022 Page 20 - Retain an outside firm to perform a development feasibility assessment of the Unocal Property to determine its fair market value. These analyses should consider the site’s accessibility, ecological features, contamination, and other customary real estate considerations. 4. Edmonds Marsh & Willow Creek Restoration o Key Findings ▪ The main action needed for restoration is daylighting Willow Creek and improving fish access to migrate, rear, and forage in the marsh ▪ A sinuous channel east of the railroad will provide beneficial habitat for fish and other animals ▪ Stakeholders have expressed interest in moving the creek further away from the railroad tracks than illustrated in conceptual designs ▪ WSDOT has no concerns with this if public process, environmental considerations around contamination, and appropriate compensation lead to that conclusion o Recommendations ▪ Continue prioritizing the Edmonds Marsh and Willow Creek restoration project ▪ If Edmonds acquires the Unocal Property, update the design options for Willow Creek restoration to optimize ecological outcomes and further improve fish habitat ▪ Coordinate on areawide pollutant control to minimize untreated runoff 5. Natural Hazards and Critical Areas o Key Findings ▪ Most of the waterfront is within a 100-year floodplain ▪ Sea level rise of 4” – 4’ expected long term ▪ The Edmonds Marsh restoration project rise may result in increased flood risk ▪ Large portion of the waterfront is in an area susceptible to liquefaction in an earthquake o Recommendations ▪ Plan for flood mitigation as an essential component of the Edmonds Marsh restoration project ▪ Update/modernize natural hazard planning policies 6. Railroad Double-Tracking o Key Findings ▪ BNSF Railway plans a second track between Edmonds Street and Point Wells ▪ It will be located within BNSF Railway right-of-way ▪ Construction anticipated to begin 2024 ▪ Specific design plans are not available o Recommendations ▪ Create additional planning policies that support mitigation of railroad traffic ▪ Apply to create a full quiet zone ▪ Seek to minimize construction impacts and maintain Edmonds Station’s full function 7. Waterfront Emergency Access o Key Findings ▪ Approximately 40 trains pass through daily ▪ The “gate down” time currently averages about two minutes per train ▪ Future projections show 60-80 trains per day ▪ The waterfront and marina area west of the railroad have special emergency access considerations because of the isolation ▪ Ferry delays have been documented o Recommendations ▪ Create new policies to jointly plan and implement enhanced emergency management services in the area Edmonds City Council Approved Minutes July 19, 2022 Page 21 ▪ Pursue a previous recommendation (from the 2016 Edmonds Waterfront Access Study) to plan for a midblock pedestrian overpass ▪ Explore an emergency vehicle overpass below Point Edwards to Admiral Way in coordination with the Port of Edmonds and BNSF Railway 8. Edmonds Station Access and Service o Key Findings ▪ Commuter rail service is 4 daily trips compared to 8 trips pre-COVID ▪ Due to financial challenges, the station access projects are delayed by ten years o Recommendation ▪ Incorporate the station access projects into the Comprehensive Plan ▪ Support the projects’ implementation as soon as possible 9. Bus Service o Key Findings ▪ In 2024, bus service will better connect Downtown Edmonds to light rail ▪ Most lines will run every 15 minutes, requiring new Downtown layover space ▪ Future extension of the Orange Line and a south “emphasis corridor” are unfunded o Recommendations ▪ Continue joint planning of the Downtown transit center improvements, and promote more direct service to the light rail stations ▪ Add policy support for bus service improvements on local streets 10. Port of Edmonds o Key Findings ▪ Bulkhead reconstruction and new administration building plans are ongoing ▪ Harbor Square property is economically stable ▪ No other projects planned o Recommendation ▪ As they arise, continue coordinating infrastructure and development planning between the City and the Port 11. Land Use and Economic Development o Key Findings ▪ Edmonds stands out with its historic character, human-scaled development pattern, and walkable waterfront ▪ The major properties in the study are well-utilized, including Harbor Square, Salish Crossing, and the Edmonds Waterfront Center/Senior Center ▪ The community’s vision for the level of density and vibrancy on the Downtown Waterfront is unclear o Recommendations – Visioning ▪ Craft an updated vision for the Downtown Waterfront as part of the 2024 Comprehensive Plan update ▪ The vision should clearly articulate the community’s desires for the type and intensity of desired land uses ▪ The vision should reflect market realities, sea level rise, and other conditions o Recommendations – Economic Development ▪ Continue efforts to finish the waterfront walkway ▪ Adopt policies that support working to attract a hotel operator and associated uses ▪ Consider adopting policies that allow a wider mix of land uses in the Commercial Waterfront zone ▪ Create an adaptive reuse support program ▪ Explore infill/redevelopment concepts that explore the tradeoffs of modest and strategic development capacity changes in exchange for desired public benefits and amenities Edmonds City Council Approved Minutes July 19, 2022 Page 22 ▪ Parking Study (Recommendation 11.H) - Conduct a comprehensive parking study of the Downtown Waterfront area to understand current utilization, find opportunities for consolidated parking and shared parking, and analyze possible changes to parking regulations for off-street and on-street parking. The study should compare Edmonds and similar downtown waterfronts. Mr. Lien commented one of the key recommendations is a new vision for the waterfront area. The Edmonds Crossing has been part of the comprehensive plan since the 1990s. There have been a number of downtown/waterfront visioning projects that have been incorporated into the comprehensive plan. Extracting Edmonds Crossing from the comprehensive plan is not as easy as just deleting it; it will be a big job and new vision for the waterfront area without Edmonds Crossing and with the ferry terminal in its current location should be a major part of the 2024 comprehensive plan update. Staff’s recommendation for next steps is to begin implementing the recommendations in the waterfront study with the comprehensive plan update in 2024. Ms. Laughlin advised the RFP for that vision is out now and closes on August 5th. For Council President Olson, Ms. McLaughlin advised the RFP is being currently being advertised and closes August 5th. The proposals will be reviewed, interviews conducted and a consultant selected to begin the work. She was hopeful visioning sessions would be occurring throughout the City by the end of the summer. Council President Olson commented if the council adopts the study, the expectation is to implement the recommendations in the study. She referred to an email she sent staff about information in the study regarding acquisition of as many parks as possible in that area which she felt was in conflict with the PROS Plan priorities. Mr. Lien said he could not find what she was referencing in the study; the biggest acquisition is the Unocal property. The City’s first right of refusal expires in 2023; the recommendation is to ensure that is extended if necessary. He did not recall recommendations to acquire other properties. Council President Olson recalled the terms necklacing and tying things together. Mr. Lien wondered if that was related to the walkway. Council President Olson recalled it was related to land acquisition. Ms. McLaughlin offered to search the study for that reference. Council President Olson expressed concern about delaying removal of Edmonds Crossing from the comprehensive plan and removing reference to moving the ferry terminal until the 2024 comprehensive plan update. Ms. McLaughlin answered she was confident the electeds and the community want the same thing related to the Unocal property becoming open space to support marsh restoration. The timing is sensitive because WSDOT does not currently own the property, Edmonds has first right of refusal but WSDOT is also obligated to get fair market value and the property is currently zoned for a larger development. There are legal implications if the City changes the comprehensive plan to be inconsistent with the zoning as the comprehensive plan designation and the zoning need to be consistent to be compliant with the GMA. Staff is confident they have signaled intent many times to WSDOT and have a good relationship with WSDOT as well as the City’s first right of refusal and recent correspondence that WSDOT supports legislative action to formalize the extension until the environmental cleanup is completed and properties can change hands. Establishing the waterfront vision will strengthen the community’s expectation of the waterfront area as well as strengthen the City’s position. Council President Olson said that was the first time she had heard the change related to when the cleanup was done and asked if that was in writing. Ms. McLaughlin said those conversations are ongoing. With the confirmation of the new economic development director, she was confident that will be formalized via the 2023 legislative agenda. Mr. Lien added the defensibility of the change is important; the state recognizes the City plans to use the Unocal property for environmental purposes so the proviso that gave Edmonds City Council Approved Minutes July 19, 2022 Page 23 the City first right of refusal notes WSDOT shall provide the City with the first right to purchase at market value for the City’s intended use of the property to rehabilitate nearshore habitat for salmon and related species. Councilmember Buckshnis hoped the council was not ready to vote on implementing the recommendations as some were inaccurate and some issues were not even discussed such as partnering with the Port which is extremely important. The study does not bring up the special zoning of Harbor Square and the need to work with the Port on zoning changes. She was concerned by how much was left out of the study and she did not believe there was enough public input. The continued reference to the marsh design was never properly approved by council; it was a backroom issue with the former mayor and a former director related to connector negotiations. The $13-16 million includes seawalls and has nothing to do with marsh restoration. That value was assigned as part of mitigation for the connector project, but it continues to be used as the cost. Councilmember Buckshnis referred to downzoning the property to open space. The study does not reference culverts on SR-104, something that WSDOT can address that will enhance the Shellabarger side of the marsh and the Edmonds Marsh. The study does not address the sewer plant which will be at capacity. She suggested forming a taskforce to review the study and offered to serve on the taskforce. The council also needs to look at the study from a CIP/CFP standpoint; there is currently no emergency access in the CIP/CFP, yet this study includes that recommendation. Another issue is the missing link which she has never supported as she did not believe creating a walkway was feasible, it will be detrimental for the environment and for fish. The discussion about the emergency access needs be thoughtful and she did not support putting anything through the marsh. Councilmember Buckshnis recalled there were several designs proposed for a connector, commenting there needed to be collaboration with the Port on a lot of issues. The study does not discuss the fishing pier which the City put millions into. There is a lot of history missing and information about partnerships with the Port who owns approximately half the property. She hoped the council would not pass the recommendations and would form a taskforce to discuss the issues and add an emergency access during the CIP/CFP process. There will also be homeland security issues if a third ferry is docked in Edmonds. She concluded this is a great report that summarizes things, but it did not engage the public or people who have been around long enough to know what’s going on. She offered to serve on a taskforce and suggested the Port also be included. Ms. McLaughlin said Councilmember Buckshnis’ comments help substantiate the need for the vision. The lack of vision makes everything so complicated and pegs one issue over another. Establishing a vision will bring the community, agencies and the council together so it can be collectively defended when proposals come up, when grant opportunities arise, and move forward with efficiency. She agreed with Councilmember Buckshnis’ suggestion to work with the Port. Vision comes first, followed by policy which is the comprehensive plan, then technical analysis such as culverts, wastewater capacity, etc. and then the CIP/CFP process. It needs to be done in the right order to get it right. Councilmember Paine said the study was extremely well done and brought up a lot of issues. She would like to see the recommendations separated into those that are and are not comprehensive plan dependent, and recommendations related to initiatives the City should be considering related to the climate crisis such as sea level rise. The City has to figure out how to guard against water infiltration into the wastewater treatment plant because it is only a few inches above sea level and there are many other issues the City needs to plan for and implement quickly as sea level rise is expected to be 9 inches by 2040. She appreciated all the elements in that were in this study. She referred to things she thought she knew such as the second track being on the west rather than the east side and that the third ferry would be docked in Edmonds City Council Approved Minutes July 19, 2022 Page 24 Kingston because they have the space instead of Edmonds where there is no room to expand the dock. There are a lot of questions and prioritization that needs to be done. Councilmember Paine was glad the RFP for a comprehensive plan consultant was being advertised. She was hopeful a lot of the elements in Senate Bill 1099 from the last legislative session could be incorporated as well as resiliency and sustainability priorities and best practices. She suggested a little more work needed to be done on the study such as a roadmap. Councilmember Tibbott affirmed other councilmembers comments about filling missing gaps. Visioning processes are like a child’s coloring book, it starts with the lines, then detail and color is added. He recognized it may take a couple years before the picture is filled in. A lot of the council’s questions will be answered in the process of moving toward a vision. He appreciated the study and supported the idea of putting all the recommendations on one page so they can be prioritized which may make it easier to identify the gaps. Councilmember Tibbott referred to the recommendation for a traffic study related to the ferry service. He suggested that should be funded by the state rather than the city as the state is creating the urgency. Similarly with regard to a connector, with double tracking, BNSF will need to figure out a way to get people across the tracks and BNSF should pay for that, not the City. He concurred the City should work with the Port. As the council liaison to the Port, there is a lot of exciting activity happening at the Port as well as a desire to improve economic development in that area. Completing the boardwalk will add a pedestrian amenity to the waterfront that is not referenced in the study. The Port’s current offices will be demolished and replaced with a park. The marina is an industrial and recreation complex that will soon include a park and that should be included in the study. Mr. Lien advised language was added to the report about improvements to the walkway and park on the Port’s boardwalk. With regard to coordinating with the Port and other stakeholders in the area, he agreed that was part of the comprehensive plan process. Part of the process for this study and recommendation include continuing that coordination with stakeholders. The Port was one of the agencies the consultant met with and changes were made based on their comments. The Port is the major property owner on the waterfront and will be part of the process. It was his understanding when BNSF was involved in discussions regarding the connector project, they were willing to cooperate but would not provide any funding. In the interview with BNSF regarding this study, they did not share much and basically do their own thing. The City will continue to reach out and work with them. Mr. Lien explained the transportation element is part of the comprehensive plan update and will include traffic studies in the waterfront area. Moving the ferry terminal from its current location to Unocal would have solve some traffic issues. With the ferry terminal remaining in its current location, the associated traffic impacts need to be considered. He was uncertain if the state would contribute toward that. Ms. McLaughlin assumed there would be a state grant to fund that work, but if the state were to pay for it out of their ferry operations interest, it would be at a point where there is a project level. The City would want to know based on future ferry projections what the implication would be to the downtown waterfront vision before a project is actually proposed. Council President Olson asked the source of the information that the double tracking would occur on the east side; she has always heard it would be on the west side. Mr. Bonjukian responded that was from an interview with a BNSF representative, but they did not see design drawings so it has not been verified. Mr. Lien said this is a high level review with high level policy recommendations. It does not recommend any specific projects. There is a lot of environmental analysis in the study; recommendations 4, 5 and 6 Edmonds City Council Approved Minutes July 19, 2022 Page 25 are related to the environment and marsh. The details will come during visioning, starting at the top and working down. Councilmember Buckshnis agreed visioning starts at the top, but the CIP/CFP is a very important budgeting document. She reiterated her concern with the missing link and her offer to serve on a taskforce. 3. OPEN PUBLIC MEETINGS ACT (OPMA) TRAINING (PART 2) Due to late hour, this item was postponed to a future meeting. Mayor Nelson declared a 5 minute recess at 9:45 p.m. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS Mayor Nelson said Councilmember K. Johnson presence is missed. She was very keen on ensuring the council was punctual and did not stay late and likely would have voted against the motion to extend. Her voice would have been very apparent in a lot of the items the council discussed tonight whether it was the BD2 zone, the Edmonds Waterfront Study, but especially about the marsh. He enjoyed her dedication, her commitment, her interest in the numbers and the studies and understanding and processing information before making a commitment or vote. As there are two councilmember with the last name Johnson, he always had to say their first name along with their last. There is only one Kristiana Johnson; she will be missed and will not be forgotten. He was sorry he was unable to say goodbye to her. 11. COUNCIL COMMENTS Councilmember Paine said she has known Councilmember K. Johnson for as long as she was on the planning board and council. They enjoyed going to the Cascadia Art Museum and attending their benefit. She always enjoyed art, something they shared, as well as grabbing a meal. She appreciated her generosity with her time and her social ability. She appreciated her voice on council that was always trying to elevate and focus on the right thing. The council operates at the 5,000 and the 500,000 foot level and her voice helped focus on the policy decision. It’s hard to accept she is no longer with us. In looking though old emails, text and photos, she was reminded that it’s nice to have people who are dedicated to Edmonds, and to civil and civic discourse when talking about things. She had the ideal background in transportation planning to put her mark on things. She will miss her; she made her mark on the City and everyone is better for it. Councilmember L. Johnson said she did not have the opportunity or pleasure of knowing Councilmember K. Johnson at the same personal or lengthy professional level. Without a doubt, she served Edmonds with an admirable level of dedication and there was no question she loved Edmonds with a deep passion and clearly she will be missed. Councilmember Tibbott said he was reflecting on some of the lessons he has learned from Councilmember K. Johnson over the years. They served in different capacities for over 10 years, beginning with the transportation committee and intersected at the planning board and city council. They worked together for nearly four years on the Parks and Public Works Committee and got to know each other well. One thing he learned from her is that process is really important; the only thing more important than process is procedure and the only thing better than procedure is getting every detail right. He leaned on her in the PPW Committee to draw out the details and ensure they were giving their best. Edmonds City Council Approved Minutes July 19, 2022 Page 26 He also learned it doesn’t matter how one dresses; it’s better to show up with a pure heart and say what’s on your mind. To her it was really important to first have the right heart attitude when expressing yourself. He also learned a technical word from her, mansplaining, which she did not like it. He will miss the friendship of his colleague a great deal. Council President Olson said she was pleased to have this opportunity to say goodbye to her friend and mentor, Kristiana Johnson. She was at the same time the smartest person in the room and the most humble and down to earth person, a rare combination. In a world where politics is too often a turf war rather than a way to deliver for the people, she did not play that game. There needs to be a lot more of that. She will miss her personally and professionally. Many have talked about how Councilmember K. Johnson was Edmonds through and through; as a result she had many passions such as art, the 4th Avenue corridor, Yost Park, Five Corners. A lot of great ideas have been suggested about places where she could be commemorated, remembered and memorialized; no decision has been made but it will be something fabulous. Anyone interested in supporting that can make a donation to the City referencing Kristiana Johnson. The public will be informed when a final plan is formulated. Councilmember Buckshnis said Edmonds lost two heroes recently, Rose Cantwell and Kristiana Johnson. Ms. Cantwell was a wonderful person, she drafted Councilmember Buckshnis to serve on the senior center board in 2009. She was a leader in creating the Waterfront Center, she was kind and a mentor, and a second mom when her mom passed. She thanked the public for their comments about Councilmember K. Johnson, agreeing she was a very dedicated public servant. She always put citizens first, she didn’t care about politics or image. To set the record straight, Councilmember Buckshnis said Councilmember K. Johnson’s intent with the July 5, 2022 vote regarding Roe v. Wade was to abstain from the final motion. She referred to Councilmember K. Johnson’s reasoning on page 78 of the packet or page 18 of the July 5, 2022 minutes where she felt no action should have been taken, that it was divisive issue and not everyone agrees that councilmembers should take a position. If she was here tonight, she would have brought that up. Councilmember Buckshnis said she will greatly miss her. Councilmember Chen commented a lot has been said about Councilmember K. Johnson’s dedication, hard work, and being a true public servant. Most of the council have more than one job, from his observation she had only one job, the city council. He shared a recent personal experience with Councilmember K. Johnson, three weeks ago his wife and son both had COVID. Although she was struggling with her own health, Councilmember K. Johnson called him to ask how he and his family were doing which touched his heart and showed what a caring person she was, not only caring for the City as a whole at a professional level, but also caring about her coworkers and colleagues. When he was running for appointment to a city council seat, she aways talked to him. At the beginning he felt like an outsider and she always made him feel welcome. He will miss her personally and professionally and wished her rest in peace. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:04 p.m.