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Cmd92722 Edmonds City Council Approved Minutes September 27, 2022 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES September 27, 2022 ELECTED OFFICIALS PRESENT Vivian Olson, Mayor Pro Tem Diane Buckshnis, Council President Pro Tem Will Chen, Councilmember Neil Tibbott, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor STAFF PRESENT Angie Feser, Parks, Rec., & Human Serv. Dir. Susan McLaughlin, Dev. Serv. Director Todd Tatum, Comm. Serv. & Econ. Dev. Dir. Rob English, Acting Public Works Director Deb Powers, Urban Forest Planner Mike De Lilla, Senior Utilities Engineer Jeanie McConnell, Engineering Program Mgr. Frances Chapin, Arts & Culture Manager Jeff Taraday, City Attorney Nicholas Falk, Deputy City Clerk Jerrie Bevington, Camera Operator 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Olson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Chen 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 Deputy City Clerk Nicholas Falk called the roll. All elected officials were present with the exception of Mayor Nelson. 4. PRESENTATIONS 1. ARBOR DAY PROCLAMATION Mayor Pro Tem Olson read a proclamation proclaiming October 1, 2022 as Arbor Day in Edmonds and urged all citizens to plant, maintain, and preserve trees throughout our community as an investment in a healthy and sustainable future for all of us. She presented the proclamation to Urban Forest Planner Deb Powers and Tree Board Members Janelle Cass and Ross Dimmick and expressed the council’s appreciation for their efforts. Edmonds City Council Approved Minutes September 27, 2022 Page 2 Ms. Powers said celebrating and the Arbor Day Proclamation is one of four actions Edmonds takes annually to maintain its Tree City USA status. She, on behalf of the tree board, invited Mayor Nelson, councilmember and citizens of Edmonds to visit the booth at the Farmer’s Market and pick up a free tree sapling and enter a raffle to win one of two beautiful, larger trees. 2. NATIONAL ARTS & HUMANITIES MONTH PROCLAMATION Mayor Pro Tem Olson read a proclamation proclaiming October as National Arts and Humanities Month and calling upon our community members to celebrate and promote arts and culture in our nation, and in our community. She presented the proclamation to Arts Commissioner Tanya Sharp. Ms. Sharp thanked the council for their support of the arts commission and recognized opportunities the arts commission provides for the community to experience the arts through the school district, the writer’s conference, concerts at City Park and the Hazel Miller Plaza, and many other programs. 3. EDMONDS WATERFRONT CENTER WELCOMING FIGURE Arts & Culture Manager Frances Chapin explained the past two years have been challenging in many ways but creativity has continued to flourish in Edmonds. Tonight is a preview of an exciting new art installation at the Edmonds Waterfront Center. She introduced Daniel Johnson, CEO, Edmonds Waterfront Center, and Diana White, the lead on native art for the Edmonds Waterfront Center Art Committee. The Edmonds Waterfront Center is part of a growing cluster of important institutions for art and culture within the Edmonds Creative District. It is a vibrant gathering place as center for many creative activities, some programmed by the Center and some programmed as part of the key partnership with the City and Park & Recreation Department who presents recreational activities at the Center in the evenings. Ms. Chapin continued, this community partnership is also evident on the site; as the Waterfront Center building was constructed, the City worked to restore the beach area, creating a small, natural park with art elements celebrating the environment and the Salish Sea. Long a resource for the Coast Salish people, this waterfront area was referred to as an area frequented by bufflehead ducks. The Edmonds Waterfront center is now offering that cultural connection to the Coast Salish people with an impressive carved figure to welcome everyone. Mr. Johnson reviewed: • EWC Goals o Build relationships with Coast Salish tribes o Integrate Indigenous art at AWC o Host native cultural celebrations o Recruit native representation on the Board • Progress to date o Purification Ceremony prior to groundbreaking o Established Indigenous Art subcommittee of EWC Arts Commission o Permanent Coast Salish art in the community lounge and display case o Hosted 2021 canoe launch o Native Blessing at 5/12/22 opening event • Welcoming Figure o Carver Ty Juvinel – Tulalip Tribe o 15’ tall, constructed from single log with 3’ diameter base o Estimated completion 9/3/22 o Final painting to be completed on site at EWC Edmonds City Council Approved Minutes September 27, 2022 Page 3 Ms. White shared: • History of the welcoming figure o Much different than a totem pole ▪ Totem pole is from southeast Alaska and British Columbia area and introduced to the Pacific Northwest o Tribes in south Coast Salish region have a history of a carving, a welcoming figure often found outside long houses. o Hands are usually open, gesture of welcome o Proposed welcoming figure is a grandmother and child, very indicative of what the Waterfront Center is about Mr. Johnson described logistics of getting the carving from Tulalip to the Waterfront Center • Building permit issued 9/7/22 • Consulted with structural engineering regarding mounting brackets Mr. Johnson played a short video showing Mr. Juvinel creating the carving. As there was no sound with the video, Ms. White explained Mr. Juvinel was describing the grandmother in the carving, her traditional cedar-woven hat, giving her grandchild a rattle, a sacred gift. The grandmother’s arms are outstretched. The red paint on the carving is specifically formulated as a representation of women. Mr. Juvinel has invited Tulalip women to paint the red parts of the figure. The base of the carving includes salmon. The eyes on the figure are carved after it is in place, a special part of the presentation. The figure is carved from a 500 years old log. Mr. Johnson continued: • Dedication o Date TBD once mounting brackets are delivered o Special events permit required o Open to the public o Proposed timing 10:30 a.m. – noon o Native drummers, remarks and blessing • Location o Mounted on northwest post supporting the outer corner of the roof o Arms outstretched facing northwest, welcoming visitors from the water Ms. White pointed out three years ago, that location was a creosote parking lot. The beach has been returned to its natural habitat. This welcoming figure represents a thank-you for returning the site and the figure is watching over the efforts to return salmon and orca to the waters. It is a very fitting location and direction and will be one of the first things people arriving on the ferry will see from a distance. Council President Pro Tem Buckshnis agreed the figure was wonderful including the way it came about. She was glad Ms. White was present to help explain it. Councilmember Paine commented this is a gorgeous piece of art and she thanked the Waterfront Center for putting it together, finding its execution very thoughtful. She was pleased it will be outside and available to the entire public, a commitment to the community including the broad communities along the Salish Sea. 4. EDMONDS ARTS COMMISSION ANNUAL REPORT Arts & Culture Manager Frances Chapin introduced Arts Commission Chair Rhonda Soikowski. Ms. Soikowski reviewed: Edmonds City Council Approved Minutes September 27, 2022 Page 4 • Poet’s Perspective – a Program of the City of Edmonds Arts Commission 2022 o EAC’s new literary program that celebrates poetry. o Six posters with poems are located in the windows of the City Hall Neighborhood Office and outside Edmonds Sno-Isle Library and Plaza Room. o Poems were selected through a competitive process that asked writers of all ages and writing/publishing experience to submit up to two poems that create a sense of place in the Edmonds region. o Over 80 poems were submitted for consideration. Selected writers were awarded an honorarium. • 2022 Free Summer Concerts o Online o Walkable Main o Hazel Miller Plaza Concerts o Hickman Park Concerts o City Park Concerts o Uptown Evening Market o 2020 – 5 concerts steaming & on-demand online o 2021 – 13 concerts at Hazel Miller Plaza, 23 Walkable Main & 6 Uptown Evening Market o 2022 – 6 concerts at City Park, 1 Hickman Park, 14 Hazel Miller Plaza, 4 Uptown Evening Market • On the Fence – Temporary Public Art Installations o Established in 2012, EAC’s On the Fence program proved the perfect engagement with the visual arts during the pandemic, when indoor activities were restricted. o 2020 & 21 – 3 fences featuring 10 artists o 2022 – fences featuring 5 artists • Civic Park Public Art Project, 2020-2023 o Cascadia - lifeboat and seawall ▪ Artist Clark Wiegman, selected in 2020 through a competitive process, is fabricating an installation that includes a boat form suspended under the shade structure, and a graphic wall in the background. ▪ Lifeboat is “an archetype, a cross cultural universal symbol of human-powered water transport”. ▪ Seawall is a graphic representation of a “cognitive landscape or mythical map of Cascadia...an aerial view of watersheds, mountains, & forests that signifies a gathering place for families, friends, and neighbors”. ▪ Wiegman welcomes suggestions/ ideas about local flora and fauna which he may incorporate in the final designs for the graphics. • Visual Art Exhibits o 2021 & 2022 - Edmonds Arts Festival Foundation’s gift of artworks to the City of Edmonds Public Art Collection o 2022 - Selections from the City of Edmonds Hekinan Art Collection in the Edmonds Arts Festival Gallery o 2022 — Puget Sound Bird Fest tribute to wildlife photographer Bill Anderson o Edmonds Library Art Wall was unavailable for exhibits 2020-2022. The EAC exhibit schedule will resume when the library re-opens • The Best Book I Ever Read Poster Exhibit o Partner: Friends of the Library o 2021 & 22 - Online video art instruction o 2021 & 22 - Online Poster Gallery o 2021 – On the Fence exhibit o 2022 – Digital Neighborhood City Hall exhibit & Frances Anderson Center exhibit • Write on the Sound Edmonds City Council Approved Minutes September 27, 2022 Page 5 o 2020, 21 & 22 Online ▪ Average online attendance of 125, all three years ▪ Presenters & Attendees from all across the U.S., Canada, Mexico, UK, and Switzerland ▪ Twenty sessions each year o WOTS will return to an in-person event in the Frances Anderson Center in 2023 • Community o 2021 & 2022 – Create Grants ▪ EAC one-time grant program to assist with impact of the pandemic on local artists and cultural non-profits, and to expand access to arts and culture for the Edmonds community. ▪ A total of $50,000 was awarded to 14 organizations and artists. Funding supported: original and diverse music compositions, cultural mural/exhibits/artist presentations, creative COVID-safe performances, art classes for elementary students, art supplies for all abilities, arts access for senior care facilities, innovative choreography and performance, high school theater, live stream technology, virtual writing workshops for youth, and local filmmaking. o 2020-2022 – Tourism Promotion Awards ▪ The pandemic impacted arts organizations’ ability to hold in-person events. Some organizations were not able to use awarded Tourism Promotion funds in 2020 & 2021 because these Lodging Tax Funds are restricted to attracting in-person visitors. The resiliency of our local organizations and audiences is evidenced by organizations once again being able to more fully utilize awards for 2022. o Community, Culture & Economic Development ▪ The Cultural Services Division, including the Edmonds Arts Commission, recently became part of the Community Services & Economic Development Department. - This organizational change in the City highlights the key role that arts and culture has long played in the economic vitality of Edmonds. ▪ The Edmonds Creative District, certified by the State at the end of 2018, is managed by Economic Development and Cultural Services and will now be under one department with citywide impact. ▪ The major capital project identified in the Creative District work plan approved by the State is the 4th Avenue Cultural Corridor. - In 2022 the City received a matching grant from ArtsWA to assist with completion of the concept design. This public engagement process in partnership with the adjacent property owner, Edmonds Center for the Arts, will be conducted in 2022-23. o 2021-2022 — Highway 99 Gateways ▪ EAC and Cultural Services participated in the public process to develop visually interesting and artistic design elements for new gateway signs on Highway 99 to be installed in 2023. • 2020-2022 Commissioners o Current ▪ Richard Chung ▪ Lesly Kaplan ▪ Harry Kirchner ▪ Lisa Palmatier ▪ Tanya Sharp ▪ Rhonda Soikowski, Chair ▪ Ashley Song, Vice Chair o Past ▪ Marni Muir ▪ Pat O’Neill ▪ Georgia Livesey, Student Rep Edmonds City Council Approved Minutes September 27, 2022 Page 6 o Staff ▪ Frances White Chapin, Arts & Culture Manager ▪ Laurie Rose, Arts Program Specialist • Website - eac@edmondswa.gov Council President Pro Tem Buckshnis said she and the late Councilmember K. Johnson were very supportive of 4th Avenue Cultural Corridor. She referred to the grant program that awarded a total of $50,000 to 14 organizations and asked if a grant program could be developed with ARPA funds for nonprofits. Ms. Chapin answered a framework and system was developed for the grants that the EAC awarded which could perhaps be used in considering further grants for nonprofits. She suggested that may be an appropriate question for Community Services & Economic Development Director Todd Tatum. Council President Pro Tem Buckshnis clarified she wanted to know if the EAC created a framework. Ms. Chapin assured there was a framework and a competitive process. Most of the 14 organizations who were awarded grants were nonprofits as well as a couple individual artists. Having the time and resources to develop an application was challenging for many nonprofits due to lack of time and resources. There were many creative ideas for how nonprofits could continue offering cultural opportunities. Council President Pro Tem Buckshnis commented even though the pandemic has passed and some organizations/individuals received money, many are still hurting. Councilmember Teitzel commented arts are part of what makes Edmonds a great city. He asked about Highway 99 gateway signage, recalling a debate on council and in the community about the Welcome to Downtown Edmonds sign. He asked if similar elements would be included in the Highway 99 gateway signs that will suggest it is an Edmonds sign such as the same color, same font, etc. Ms. Chapin answered it has been discussed extensively. A fairly large advisory committee which included Councilmember Chen worked on that and there was a great deal of public outreach. In the end the designs that are under final development reflect the feedback from the community as well as the advisory committee. She noted there would also be art elements incorporated in a couple of the medians to add additional visual interest. Councilmember Tibbott commented he always learns something about the art community and activities from these presentations. Tonight he learned about the merger of cultural arts with economic development. Arts are such a great draw to the City and that merger will breathe life into both aspects of the City. He recently learned the Port also has a music venue on the waterfront, Sea Notes, where local artists perform. He suggested consideration be given to collaborating with the Port. He loved the idea of holding concerts in many areas of the City including Uptown and Hickman Park as a way to bring music and art to the various corners of the City. Councilmember Paine commented it was great to see the variety of art in the presentation and the community focus particularly with children and spreading the arts throughout all of Edmonds. She especially loved the poetry idea, a moment of brilliance she would love to see continue. She asked how to better support the arts, especially broadening it to all of Edmonds. Ms. Chapin answered everyone is very aware of that and are working on it. One of challenges with staging performances in parks is electrical outlets and that is being analyzed. Councilmember Paine said she encountered the need for power at the Frances Anderson Center field this weekend. She noted it would also be terrific to have plays in the parks such as Shakespeare in the Park and other modern plays. If electricity is a barrier, she suggested discussing how to breach that barrier. She thanked the EAC for all they do, noting great art is a hallmark of Edmonds. Councilmember Chen expressed his appreciation for the wonderful presentation that illustrates how lucky Edmonds residents are to live in this community. His 11-year old son has tried a variety of activities such as Taekwondo, Kung Fu, and shrimping without interest, but he likes art. He suggested providing art Edmonds City Council Approved Minutes September 27, 2022 Page 7 classes for young children. Edmonds is well known for art and there are a lot of opportunities to bring Highway 99 up to the standard of the rest of the City as that area develops. For example, in front of Ranch 99 Market, the center median is an opportunity for improvement. Ms. Chapin answered it was her understanding that median would be changed as part of the Highway 99 project. She agreed opportunities on Highway 99 need to be explored, pointing out the artist-made lamp elements on the light poles outside Ranch Market and elements that will be added with the gateway signage. Mayor Pro Tem Olson thanked Ms. Chapin for all she does to enrich the community. Ms. Chapin thanked the council, noting the importance of their support of arts and culture in Edmonds. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT PRO TEM BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Pro Tem Olson described procedures for in-person audience comments. Theresa Hollis, Edmonds, referred to the Highway 99 subarea plan and read a quote from the transportation section of the final EIS that was approved in about 2017, “Build flexibility into each cycle of the 6-year transportation improvement program to modify the priority and the funding of the capital projects serving this study area as new development occurs and creates opportunities for matching funds from private development, redirecting project priorities and timing to coincide with major developments.” She pointed out there are major developments in the planning and construction phase, a remarkable time for housing development in the gateway subdistrict of Highway 99. Within a ¾ mile radius of her house, there are four new projects. Perhaps the largest apartment complex in Edmonds, Terrace Place, with 261 units and 6 stories, is the design review phase; across the street on the former Lutheran church property, Housing Hope has 52 units; the 192 unit GRE apartments on Highway 99 between 236th and 234th are under construction; and construction recently began on the 29 unit Ellis Station Townhomes at 236th in unincorporated Snohomish County on Edmonds Way. These four projects equate to 534 units. Traffic safety and pedestrian safety are major concerns for her and her neighbors. Speeding on 84th, traffic to the Safeway at 236th and the lack of sidewalks compound traffic safety problems. She requested the council consider the gateway subdistrict and sync up the timing of transportation infrastructure improvements and residential development. Sue Eskowski, Edmonds, referred to the public services section of the subarea plan, specifically the gateway area, the final EIS for the subarea plan states “Acquire park land in Highway 99/State Route 104 areas to provide adequate park service in redeveloping areas. Create new civic spaces to enhance investment and revitalization while meeting recreation needs especially where service gaps exist or higher residential impact is planned.” She noted the lack of park space in the Highway 99 Gateway Subdistrict. The subarea plan specifically identifies actions to mitigate the deficit; however, it does not appear to have been completed to date and the new Terrace Place Apartments with 261 units add urgency to addressing this problem. She asked whether the Terrace Place property will have open space that is also available for use by the neighborhood and what options is the City investigating to build new park space in the Gateway Subdistrict. She asked the council to ensure new park funding is included in the next budget. Jenna Nand, Edmonds, resident, local attorney and business owner, said she is often contacted to rescue animals. She cited the problems created on the Edmonds waterfront with the amount of artificial light introduced into the marine sanctuary environment at night and the impact it will have on avian predator species like the Blue Heron. Due to her involvement in animal rescue, she is very aware of predator and Edmonds City Council Approved Minutes September 27, 2022 Page 8 prey behavior. She suggested visiting the Lake Ballinger waterfront which is mostly residential and a much kinder environment for predator and prey species to exhibit natural animal behaviors. Due to the amount of light on the Edmonds beach waterfront, a Blue Heron does not visit the beach in front of the Center to eat after fishing and only visits the north Brackett Beach where there is not as much light at night. She referred to stakeholders including city council, Port of Edmonds, Edmonds Waterfront Center and the ferry system who are united as pro-wildlife, pro-wildlife and pro-nature, commenting there does not need to be more regulation, but more self-awareness by stakeholders who make decisions about the amount of light on the waterfront at night and maybe find ways to shield it so it does not disrupt natural predator and prey behaviors at night in the marine sanctuary. Ken Reidy, Edmonds, said last week’s public hearing for vacation of an unneeded, unused easement was a window into Edmonds City government. The podium he was speaking from was representative of the council’s privilege to hear from their constituents; councilmembers represent the citizens of Edmonds. Last week two citizens made comment during the public hearing regarding vacation of an easement. Several councilmembers pushed back against citizen comments, expressing doubts about the appraisal and laws related to compensation, displaying ignorance of the related laws. He recalled Councilmember Paine stated amendments may need to be made to the code in the future but that does not apply to this action. He said that was untrue; no code amendments were needed to vacate an easement without requiring compensation. Councilmember Tibbott said it was his understanding the City was not allowed to give property away without just compensation. Just compensation does not apply to street vacations. When asked whether RCW 35.79.030 pertaining to street vacations requires cities receive compensation for vacating a street; MRSC said no. Mr. Reidy continued, in Greater Harbor 2000 v. Seattle, the State Supreme Court stated RCW 35.79.030 grants municipal corporations the authority to vacate streets and those municipal corporations are authorized to require compensation for street vacations. The authority to require compensation is permissive; nothing in the statute makes it obligatory for cities or towns to require compensation for street vacations. Whether or not the city will require compensation for a street vacation is a policy decision for the city council. He asked what the council would do about what took place last week. He encouraged the council to adopt the following rule: If the city attorney or city staff speak specific to citizen public comment after the public comment is made, the citizen will be granted one additional minute to speak. The city attorney or city staff are not allowed to make the final comments to city council specific to a citizen public comment that has been made during an open public meeting. If the city attorney or city staff speak specific to a citizen public comment after the additional one minute has been granted, the citizen will again be granted one additional minute to speak. This process will repeat until the citizen is provided the opportunity to make the final comments before decisions are made by city council. Mayor Pro Tem Olson described procedures for virtual audience comments. Natalie Seitz, Edmonds, commented in support of the City keeping its commitment to serve all areas of Edmonds. She asked the council to amend the zoning code to alleviate aesthetic and land use impacts throughout the SR-99 planned action area, but specifically in reference to the pending applications and pre-applications on the west side of SR-99 that other speakers referenced where multi-story high density residential is proposed across the street from single family residences. Mitigating these impacts was a commitment made in the SR-99 planned action process and should be kept. She also asked the City to conduct a comprehensive review of the SR-99 planned action EIS in accordance with Washington Administrative Code and Ordinance 4079. The City is required to undertake a supplemental EIS in accordance with WAC 197-11-405(4)(a) and (b). Ms. Seitz continued, the City is planning to meet stormwater requirements for the planned action development outside the planned action area, a substantial change that has been documented by the City as having a significant impact. There is also new information indicating the possible significant impact to Edmonds City Council Approved Minutes September 27, 2022 Page 9 aesthetics and land use, parks, displacement of people currently living in Edmonds, and fire services. There may be other elements of the environment, like transportation, where the planned action is having significant impacts that have not been evaluated in the EIS or that the City has not met its obligations to mitigate. A supplemental EIS is now required. The council can and should take action as outlined in Ordinance 4079 to amend the zoning and undertake a supplemental EIS. She encouraged the council to ensure all residents have access to equitable public process. 7. RECEIVED FOR FILING 1. OUTSIDE BOARDS AND COMMITTEE REPORTS 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT PRO TEM BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 20, 2022 2. APPROVAL OF COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 20, 2022 3. APPROVAL OF CLAIM CHECKS 4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 5. APPROVE RIGHT OF ENTRY AND MAINTENANCE AGREEMENT BETWEEN CITY OF EDMONDS AND LYNNWOOD FOR HIGHWAY 99 REVITALIZATION AND GATEWAY PROJECT - STAGE 2 6. APPROVE INTERLOCAL AGREEMENT WITH COMMUNITY TRANSIT 7. CONFIRMATION OF DIVERSITY COMMISSION APPOINTEE JEANETT QUINTANILLA 9. PUBLIC HEARING 1. PUBLIC HEARING ON DISPOSITION OF SEWER-STORM EASEMENTS – APOLLO APARTMENTS Acting Public Works Director Rob English introduced Engineering Program Manager Jeanie McConnell. He reviewed: • Project Location – 23601 Highway 99 (southeast corner of 236th St SW & Highway 99) • Survey of Sewer-Storm Easements o Easements encumber east 5-feet of property o 1000 square feet easement area (5’ x 200’) o Granted in 1962 o Existing 8” diameter concrete sewer pipe located in easement, no stormwater pipe • Proposed Development o Apollo Apartments ▪ 255 units Ms. McConnell reviewed: • Project requirements: Edmonds City Council Approved Minutes September 27, 2022 Page 10 o New frontage improvements along Highway 99 and 236th St SW ▪ Sidewalk and landscaping ▪ Existing sidewalk on Highway 99 will be replaced o Existing public sewer in easement only serves subject property o Existing public sewer to be abandoned with project o New private sewer with new connection on 236th St SW o Public pedestrian easement for sidewalk o Public water vault easement for new water meter Mr. English reviewed: • Disposition of Easements o RCW 35.94.040 ▪ By resolution and pursuant to a public hearing, City Council may release or otherwise sell, the surplus lands or property at its fair market value or rent or other consideration to be paid o Resolution 1505 approved by City Council 9/20/2022 declare easement surplus o Appraisal provided by developer established a Fair Market Value of $86,250 o Other Considerations ▪ City Ownership & Maintenance Responsibilities Eliminated ▪ Public Pedestrian & Water Vault Easements Granted ▪ Frontage Improvements Constructed – Hwy 99 & 236th ▪ Multi-family Tax Exemption – 10% units low & 10% moderate income o Easement Comparison ▪ Pedestrian & Water Vault Easements to be granted - approx. 2876 square feet ▪ Sewer-Storm Easements proposed to be released – 1000 square feet • Staff Recommendation ▪ Approve release of sewer-storm easements ▪ Not seek monetary compensation given considerations ▪ Acceptance of public pedestrian and water vault easement (on Consent October 4, 2022) Council President Pro Tem Buckshnis asked if it was common for the City to require a builder/developer to construct a private sewer main versus using the City’s sewer main. Mr. English answered an interior system that connects to the City’s system is typical with development. What was done in 1962 may have served the three parcels that have now been combined for this development or served adjacent parcels in that area. The typical configuration would be an interior system that discharges to the City’s public main. Council President Pro Tem Buckshnis asked if the builder knew to build the correct size. Mr. English answered the developer will have an engineering team that does that design and the City reviews their work to ensure the facilities are sized properly based on the development activity. Council President Pro Tem Buckshnis recalled staff saying there was no stormwater main but due to the new stormwater code, there will be a stormwater main. Mr. English answered there will be a privately owned and maintained interior stormwater system that will discharge into the City’s stormwater pipeline in 236th, similar to the sewer. Councilmember Teitzel observed until recently, the existing sanitary sewer main received flows from unrelated properties and with this development, it will receive flows from one private property. Ms. McConnell answered there are multiple buildings within the parcel that were not previously under the same ownership. With the new development, they are all under common ownership and will all be served by the new private sewer main. Councilmember Chen requested staff explain the recommendation not to require compensation from the developer. Mr. English recalled last week the council considered a street vacation; Edmonds Code Section Edmonds City Council Approved Minutes September 27, 2022 Page 11 20.70 describes how a street vacation is valued and what type of compensation can be required. This is a public utility easement, not a street vacation, so staff follows RCW 35.94.040 which describes establishing fair market value and considerations that can be evaluated to determine the value of the easement. In this case, given the considerations outlined in the presentation, staff feels a monetary value should not be collected with this project. Councilmember Chen recalled one of the reasons described in staff’s email to him was that the development will provide 10% low income housing and 10% moderate income housing which he noted was in exchange for the Multi Family Tax Exemption (MFTE). Mr. English agreed that is a consideration, there is a tax exemption for providing those units. The developer has the option whether to implement that; it was his understanding the developer was proposing to implement it. Councilmember Paine relayed her understanding that frontage improvements were always required with new development along a major highway that hasn’t seen much development. For example, GRE will be required to rebuild the sidewalk and asked whether a pedestrian easement was required. Mr. English answered GRE provided a pedestrian easement for the sidewalk. Next month the council will have a presentation on two large design contracts to begin work on stage 3 and 4 of the Highway 99 corridor improvements. For those improvements, the City will purchase right-of-way to build appropriate streetscapes, sidewalks and plantings. Depending on when the owner develops the property, the owner will benefit from the City’s project when the property is developed. Obviously, it will take many years to collect the funding to implement the corridor improvements on Highway 99. Councilmember Paine referred to the disposition of easements and other considerations, commenting the MFTE is a decision made by the private developer and is not related to easements. She noted frontage improvements and likely easements will be necessary in nearly all instances along Highway 99. City Attorney Jeff Taraday said the statute gives the council broad legislative discretion when determining the consideration to be provided in exchange for disposition of a utility easement. The council can basically do what it deems to be in the public interest. The various factors that staff presented as contributing to the staff recommendation are factors they felt were positive with respect to the public interest, but it was not like any one of them independently supports the staff’ recommendation; they combine to support the staff recommendation. Staff’s recommendation was not an easily arrived at recommendation; several meetings were held and certainly reasonable minds can differ. Council should keep that in mind as they listen to public testimony. Mayor Pro Tem Olson asked if the pedestrian easement given by the developer was in excess of the minimum requirement. Mr. English said the code establishes the streetscape frontage improvements related to sidewalk width and the planter; what the developer offered did not exceed the requirement for the project. Council President Pro Tem Buckshnis recalled the MFTE had to go through council via a resolution. She also recalled the Housing Commission recommended a higher percentage than 10%. She asked for confirmation that the developer planned to utilize MFTE. Mr. English answered that was his understanding. Mr. Taraday said he was not able to answer the question regarding the process for MFTE approval. Mayor Pro Tem Olson opened the public hearing. Ken Reidy, Edmonds, commented Edmonds is a broad power, home rule code city which gives Edmonds a lot of powers. For example, the City can adopt laws as long as they are consistent with the state statues. In this case the City has adopted specific laws that govern the vacation of public easements. This is a public utility easement to be vacated under Chapter 20.70 of the code. The code expressly states and uses the word utility easement only. If the council chooses not to follow what the code expressly Edmonds City Council Approved Minutes September 27, 2022 Page 12 states and shifts to using state law, that endangers the integrity of the City’s laws. The City’s laws are important and should be followed when they address the specific situation that is occurring. He recalled in March the release of a sewer utility easement was on a committee agenda for Anthology Senior Living. He emailed committee members at that time saying the City doesn’t release easements, they are vacated. He recalled the committee’s direction was to bring it back for a public hearing, but he never heard anything more about it. Now Apollo Apartments is being treated totally differently than Anthology Senior Living; Apollo was required to get an appraisal. ECDC 20.70.060.G states an appraisal is not required if a utility easement only is proposed to be vacated. He was unsure why the two applicants were treated differently, why the two processes were so different, and why neither followed 20.70. He encouraged the council to ensure the cost of the appraisal is refunded to this applicant because the law specifically states an appraisal is not required. He urged the council to vacate this in accordance with Chapter 20.70 and protect the integrity of the City’s laws. Johnny Vong, Seattle, owner/developer of the Apollo Apartments, advised at this time he planned to participate in the MFTE program. The way the program is currently structured, to qualify, 10% of the units have to be set aside as lower income and an addition 10% set aside as lower moderate income, in total 20% of the units are set aside for lower income residents to qualify for the program. The way the general commercial zone is structured, there is technically a zero lot line; the building can be built up to the lot line. In this project, they included a 10-foot landscape buffer around the building which is in excess of the code requirements because they felt it was the right thing to do. Hearing no further public testimony, Mayor Pro Tem Olson closed the public hearing. Councilmember Tibbott said he had the advantage of hearing this presentation at the PPW Committee which included additional details and he had an opportunity to ask questions. He asked for clarification regarding the difference between the municipal code and the RCW. Mr. Taraday answered there are two chapters that address the undoing of easements and an RCW that addresses street vacations. The statutes provide some guidance regarding when to use a street vacation versus the other process. Street vacations are for public travel so if the City was undoing an easement for public travel, the street vacation process would be utilized. If the easement involves a utility, that is governed by RCW 35.94.040, the statute that is being used tonight. That was not just his opinion, MSRC also supports that opinion; using RCW 35.94.040 to release and reconvey utility easements and RCW 35.79 to vacate streets. There is a local City chapter that addresses street vacations, but not one that addresses utility easements so it is being processed using state law. Councilmember Tibbott recalled at the PPW Committee, staff was asked why an appraisal was necessary and the answer was related to staff certification and qualification of providing an assessed value on the easement. Therefore, instead of staff guessing the value, the owner did an appraisal and the appraisal amount was factored into the exchange. He was comfortable one easement was being exchanged for another easement. He understood the owner was required to provide frontage improvements on Highway 99 either way, however, with the improvements the owner is providing, additional improvements are required to make it a safe sidewalk and useful for the development. He summarized it seemed like an even exchange if not more favorable to the City than a financial benefit. He was comfortable with exchanging the eastern easement for additional easement on the western side of the property. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO PUT APPROVAL OF THE RELEASE OF SEWER-STORM EASEMENTS WITH NO MONETARY COMPENSATION AND ACCEPTANCE OF THE EASEMENT FOR PEDESTRIANS AND THE WATER VAULT EASEMENT ON THE CONSENT AGENDA. Council President Pro Tem Buckshnis referred to 20.70.030, City easement rights for public utilities and services, commenting it was addressed in the City code but the language was pretty weak. She asked if Edmonds City Council Approved Minutes September 27, 2022 Page 13 the reason the state law was being used was because it did not specifically state this was an easement. Mr. Taraday answered there is frequently utility infrastructure in City streets; section 030 gives the City the ability to vacate a street while reserving/retaining a new easement for the existing utility. MOTION CARRIED UNANIMOUSLY. 10. COUNCIL BUSINESS 1. DEVELOPMENT CODE REWRITE WORK PLAN Development Services Director Susan McLaughlin said Senior Planner Mike Clugston is the staff lead for this work and she hoped he had an opportunity to speak to the council about it in the near term. She explained this is an important body of work. As in any city, the ability to keep the municipal code updated and current, specifically the development code, is critical not only for predictability for development, consistency with the comprehensive plan, trends in terms of best practices locally and nationwide and to acknowledge the community’s values and vision in terms of project outcomes. She reviewed plans for the Development Code Modernization: • Purpose of Development Codes o Comply with the GMA o Implement the Comprehensive Plan o Evolve to meet changing municipal, state & federal requirements • History o 1959: First zoning ordinance o 1980: Code reorganized to current ECDC format o Hundreds of zoning and development code amendments since o Some previous consultant efforts have been done in “fits and starts” due to lack of dedicated staff ability to support extensive legislative changes • Staff Resources o Dedicated FTE to manage code (issue identification, process improvements, plan concurrence), lead legislation and work with consultants, as needed o Collaborate with in house subject matter experts o Budget for on-call services • Defining “Code Rewrite” o Iterative process of improvements to the Edmonds development codes o Includes changes to both structure and content o Ensures code is representative of best practice o Offers both flexibility and predictability to developers, design professionals and contractors o Is outcome focused and mindful of implications – either physical, socioeconomic or environmental • Immediate Structural Changes o Reorganize Titles 15 – 24 to be more accessible and usable o Improve search and interactive functions (Code Publishing) o Complete first round of improvements by end of 2022 Edmonds City Council Approved Minutes September 27, 2022 Page 14 • Content Changes o New amendment process types: minor and major ▪ Council (and staff) want a responsive process that responds to policy decisions ▪ Implemented through changes to ECDC 20.80 o Overall changes: ▪ Use plain language ▪ Replace words with graphics and illustrations ▪ Eliminate unnecessary code • Frequent Minor Amendments o Create streamlined process for minor updates o Promote clarity, eliminate redundancy, streamline processes, better align with best practices o Correct inconsistencies and scrivener’s errors o Would be presented directly to Council on a semi-annual basis (December/June) or more frequently as needed • Major Amendments o These take time ▪ Need to be thorough with detailed data/analysis ▪ Inclusive public engagement ▪ Required process through GMA and our own code • Examples Minor Major o Remove references to “CG2” code ▪ Zoning district no longer exists ▪ No policy impact; not controversial o EV charging infrastructure requirements (ECDC 17.115) ▪ Large policy impact, important to the development community • Timeline Councilmember Tibbott commented this is great news. When he thinks of the code rewrite, he goes back to his days on the planning board when they were told the chapters would be reorganized and there would be a platform that the code neatly fit into and it would available online. He said “fits and starts” was generous and found the plan to update the code very good news. The struggles with the code include redundancies as well as conflicts. He knew of developers/builders who have had their plans ready but City staff determines there is an interpretation issue and the project needs to go back to the drawing board which means the developer has to involve their engineers which can delay the project six weeks. Those delays are costly for the builder, and businesses who want to locate in the City take a risk starting work in Edmonds. He appreciated that the rewrite was a work in progress and things would happen sequentially, Edmonds City Council Approved Minutes September 27, 2022 Page 15 but suggested eliminating conflicts in the code as soon as possible. He questioned the December 31, 2022 date for adoption of minor amendments. Ms. Laughlin responded that was a ballpark date. Councilmember Tibbott expressed appreciation for the work that has been done to date such as the bike code and the EV code, observing those were major code improvements. He appreciated that staff’s work related to the code was never done. Ms. McLaughlin said she was a fan of predictability and was bothered by stories regarding redundancies and conflicts within the code. She encouraged councilmembers to pass that information on to staff who is compiling a comprehensive list of non-policy based issues that need to be fixed. She noted there is a difference between someone disagreeing with an interpretation versus a blatant redundancy or blatant conflict so differentiating that is important. Councilmember Paine commented this has been on everyone’s minds and lips for the past 5-6 years and is great news. She appreciated the systematized way of presenting changes to council every six months. She asked whether the climate action plan was major or minor, recalling when she spoke with Ms. McLaughlin, she anticipated a legislative package associated with parts of the code related to the climate action plan and climate action goals. She asked how the climate action plan, while not state mandated but very important to the council, would be incorporated. Ms. McLaughlin answered the climate action plan is another example of the iterative loop and the need to constantly improve the code. Once the frequent minor amendment process is started, it will still follow the GMA requirements and if council is uncomfortable with calling something a minor amendment, it can be moved to a lengthier process. Staff needs to start building a relationship and common understanding regarding what is minor and major. Councilmember Paine agreed with the need to build comfort around that as council will want consistency and to have it come together in a holistic and complete way. She was glad an experienced staff member was adding this to his portfolio of work. It was problematic using a contractor to do that work and although the 3-year limited term position for this work was a good idea, it did not represent the comprehensive approach that this presentation outlined. She liked this approach and providing consistency will help developers as well as the City’s planning and permitting staff unsnarl the knots that happen along the way. She encouraged staff to move forward with a legislative package to address goals such as climate action. Council President Pro Tem Buckshnis said she has been waiting for the code update for 12 years and it has gone through many renditions. When she first joined the council, Ogden Murphy (the city attorney at that time) was in charge of the code rewrite; then Lighthouse was in charge and they hired Carol Morris who helped with the code rewrite for a while. She was concerned about staff; she disagreed with keeping the code rewrite in-house due to how understaffed the City is, delays that occur, permitting issues, etc. She preferred to hire a firm to help with the code rewrite or hire someone to work in-house. She cited the tree code as an example; the council rushed through it in four meetings and passed a moratorium and it hasn’t been back to the council since then. She has seen so many promises in the past, but wanted the expectations to be realistic. Council President Pro Tem Buckshnis pointed out Mr. Clugston already has a job in the City and she preferred hiring a full-time permanent employee to address code writing. She referred to the comment in the presentation of putting the code in plain language, noting code language and plain language are not the same. She concluded the City needed to hire a full-time permanent staff person to work on the code now and in the future. Ms. Laughlin understood Council President Pro Tem Buckshnis could be jaded after 12 years and understood her frustration with the code feeling static. Making a decision to dedicate a full-time staff person instead of hiring a new person was validated by Mr. Clugston’s seniority, he already knows the subject-matter experts in the process and the code. Some of Mr. Clugston’s responsibilities were lessened by hiring an associated planner to backfill the work he had previously done. She assured this was not being added to his work plan; his work plan has been reallocated so he can focus on the code rewrite, an ongoing systematized process. Edmonds City Council Approved Minutes September 27, 2022 Page 16 Ms. McLaughlin said she did not like to use the term code rewrite because that sounds like a consultant opportunity, but as a live document, the City will always need full-time staff dedicated to updating the code. There is a difference between managing consultants and managing a systematized process which staff has ownership over. If consultants were used, the person writing the tree code would not be the same person writing the multifamily development standards, so it would require Mr. Clugston to manage multiple consultant contracts plus his usual workload. The code hasn’t been updated because dedicated staff was needed to manage this systemized process. On-call contracts will still be used for subject-matter experts. She was confident Mr. Clugston could do accomplish the update as well as the ongoing work. Mayor Pro Tem Olson referred to comments in the presentation that early work has been done and has been tracked. To the extent that any of that was done but not yet adopted, integrating that to improve the existing product would be an obvious first step. She asked how the planning board will be involved in the process. Ms. McLaughlin answered a main part of the planning board’s legislative purpose is to review codes in advance of them coming to council. The planning board’s recommendations will be part of the systematized process and every task on the timeline will have planning board review. Mayor Pro Tem Olson suggested when there has been planning board input and recommendation, could the planning board present during the presentation to council such as a planning board member sitting with staff during the presentation to comment and answer questions. Ms. McLaughlin said she did not see why not as the planning board’s recommendation is very important. Mayor Pro Tem Olson agreed with the suggestion to hold public hearings on batches of amendments, but suggested allowing people to speak for three minutes on each subject. Otherwise, the approach of holding a public hearing on batches of amendments would be a real downside. Ms. McLaughlin said this is new territory and while she did not want to limit public comment, but it may require some experimentation. Mayor Pro Tem Olson noted public hearings can always be continued. Regarding prioritization, Mayor Pro Tem Olson said the City wants to be business and developer friendly; conflicts and inconsistencies are obviously an issue. She also wanted to prioritize things that make it easier for residents. She anticipated council would support consultant contracts for subject-matter experts when necessary. She expressed appreciation for the presentation and the fact that there is a plan. Councilmember Teitzel said his tenure on council is about one-third of Council President Pro Tem Buckshnis’, but he shared her frustration with delays in updating the code. He clearly recalled during his previous term on council approving budget dollars for a consultant for the rewrite and did not recall seeing much progress made. He agreed this needs to be a very disciplined, focused effort and will require resources. He recommended having the staff person focus on the code full-time. He appreciated the efforts to reallocate workload but this is bigger than that, it needs a dedicated incremental FTE to focus on this and only this to get it done. With regard to public comment, Councilmember Tibbott suggested if a batch of amendments is presented to the planning board incrementally and people make comments, those comments are preserved in the public record and would be available to the council along with their recommendation. He asked how long it took for the development code to be written that supported approval of the Highway 99 plan. Ms. McLaughlin said the subarea plan was adopted in 2017 and she estimated the development code was updated a couple years later because it went through the EIS process. In hearing public feedback around the planned action and mitigation measures including one in particular that was not carried through legislation, it was a reminder that a systemized process would have addressed that, having someone solely responsible for code amendments and keeping a live list of the code amendments and programming them into minor or major and incorporating them into a work plan. That was not available in the past so frankly it was difficult to manage all the items when everyone had full workloads. Mr. Clugston is a full-time Edmonds City Council Approved Minutes September 27, 2022 Page 17 employee and has the capacity to work on this. He still has a fraction of permitting work, but another associate planner position will be posted soon. She hoped to have two associate planners in the near term to support Mr. Clugston’s work. Councilmember Tibbott asked what would typically be expected to happen following approval of a subarea plan under this new process. Ms. McLaughlin answered typically the subarea plan recommendations would go forward and would be tracked to make consistent code amendments. Code amendments were done, but one was missed. Councilmember Chen said he was excited by the plan. He asked whether there was one code that applied citywide. Ms. McLaughlin answered there were different codes throughout the City that respond to the land use context and are defined by the comprehensive plan land use policies. The comprehensive plan sets out the land use goals and policies for all the land throughout the City as well as designates where low density versus high density housing is located, where large scale versus small scale retail is located, etc. Councilmember Chen asked when a development occurs downtown, for example the one at 6th & Main that a lot of time has been spent on that has different requirements, characters, design, setbacks, etc. versus another building such as one with 236 units on Highway 99, 1) it did not come to council, and 2) it is a box and it’s okay. He asked whether the same standards were applied to different areas of the City. Ms. McLaughlin answered no, there are different zones throughout the City and those zones have different development standards. For example, downtown has different development standards than the Highway 99 corridor or Westgate or Five Corners, and some areas of the City have more stringent design standards. Westgate, which recently went through a subarea plan, has pretty defined development standards for mixed use development, but Highway 99 has fewer development standards. Staff is aware of that and that is part of the multifamily design standards package that has been discussed. Ms. McLaughlin continued, the City must be careful with physical, financial and environmental implications of zoning changes which includes inclusive engagement, good design standards and affordable housing. In land use policy discussions across the country, particularly states with very high housing costs, some of the existing zoning and design standards have led to an affordability crisis. She summarized it is complicated; there are different zones and zoning development standards at the moment. She hoped to touch on this more in the comprehensive plan discussions. Councilmember Chen said there may be opportunity for improvement. Councilmember Paine appreciated laying out a plan for the code rewrite, recalling there have been consultants hired over the last decade, a proposal for a part-time person, the current plan to hire additional staff, and a staff person hired in 2021 who did marvelous work but later left the City. She appreciated the proposal to dedicate a staff person to this effort and bring in consultants as needed. Some exciting new staff have been hired and she was excited there was an additional opening. A systematized approach, something that hasn’t been tried in the past, will be great; the past approaches have not resulted in many improvements. A systematized, comprehensive approach will help with the comprehensive plan and ensuring all the dots are connected including outreach to the community. She appreciated the proposed plan and was excited to give it a try. Mayor Pro Tem Olson declared a brief recess. 2. SALMON-SAFE CERTIFICATION REPORT Parks, Recreation & Human Services Director Angie Feser commented there were two purposes for tonight’s presentation, providing an update on the Salmon-Safe Certification program and to gather feedback from council. The City is at a decision point, some preconditions require some work before Edmonds City Council Approved Minutes September 27, 2022 Page 18 bringing it forward to council for approval. There is a lot to this program and significant implications related to resource allocation and she wanted to know if the council wanted to proceed with this project or pause and take a step back. She reviewed: • Purpose/Background o Purpose ▪ Update and Council input for next steps o History ▪ Recommended by Mayor’s Conservation Advisory Committee (MCAC) ▪ Mayor directed staff to pursue program ▪ Managed by Parks & Recreation Dept (Involves Public Works and Development Services Depts) ▪ Council Approved in 2021 Budget (DP #29) ▪ Assessment and Report completed ▪ Parks & Planning Board Review of Draft Certification Report • What is Salmon‐Safe Certification? o Reduce impacts on water quality and fish habitat from urban land and water management practices o Conditional certification • What does it mean to be Salmon‐Safe Certified? o Compares city policies, plans, procedures and field operations and Salmon‐Safe accepted Standards ▪ Water quality ▪ Environmental Engineering ▪ Stormwater ▪ Parks & Landscape Maintenance o Rigorous evaluation of by team of experts (Science Team) o Five‐year certification process o Certification is a commitment to change ▪ 15 Conditions: 3 pre‐certification, 12 within 5 years o No additional funding opportunities o Assessment is only for city‐owned sites, property and operations. Private property or land not owned by the City is not included in Certification. • Draft Report – May 2022 o City Review ▪ Staff/Departments ▪ Attorney o Planning Board (May 25th and July 27th) ▪ Requested additional info ▪ Recommendation to Council - “That the planning board advance this for council consideration, underscoring the importance of looking at the financial tradeoffs of implementing this versus the impacts on the rest of the budget and ensuring that there are good milestones or benchmarks for making sure that there is value in the work that is being done.” • Certification Pre-Conditions Pre‐Condition 1 Ensure environmental regulatory compliance Pre‐Condition 2 Commitment to adhere to Salmon‐Safe standards for expansion or redevelopment Pre‐Condition 3 Phase out use of high hazard pesticides (updated and approved Integrated Pest Management Plan) o Pre‐Condition #1 may require more research by city staff o Pre‐Condition #3 will take approximately three months, so the work for PC #1 and #2 could be completed during that time. Edmonds City Council Approved Minutes September 27, 2022 Page 19 • Conditions Prioritization o The four criteria include benefit to aquatic habitat/species(qualitative, based on best professional judgment); direct vs. indirect; action vs. plan, and area Rank Condition 1 Condition 11: Develop prioritization strategy for removing fish passage barriers  1 Condition 12: Develop comprehensive habitat restoration plans 3 Condition 4: Develop water conservation plan and track irrigation water usage 3 Condition 7: Create an IPM, nutrient, and chemical management plan 5 Condition 2: Improve inventory of stormwater infrastructure 5 Condition 10: Update Snow and Ice Control SOP document 7 Condition 1: Verify that stormwater discharged from the Parks maintenance yard does not flow on the surface into Edmonds Marsh 7 Condition 9: Upgrade containment for waste oil tank at Public Works yard 9 Condition 5: Adopt Salmon‐Safe construction standards 10 Condition 3: Improve outdoor storage areas at Public Works yard 10 Condition 8: Upgrade storage areas at Parks maintenance yard 12 Condition 6: Document pesticide applicator licensing status for all Parks employees • Resource Estimation o City Resource Impact Consideration Summary Condition City Dept Cost Estimate (one‐time) City Staff (annual) Condition 2: Improve Inventory of Stormwater Infrastructure PW $50,000 0.1 FTE Condition 4: Develop water conservation plan and track irrigation water usage PRHS $35,000 0.2 FTE Condition 7: Create an IPM, nutrient, and chemical management plan PRHS $40,000 0.2 FTE Condition 11: Develop Prioritization Strategy for Removing Fish Passage Barriers Public Works $100,000‐$325,000 0.2 FTE Condition 12: Develop Comprehensive Habitat Restoration Plans Public Works $100,000‐$300,000 0.2 FTE • Staff Requests/Revisions (5 Conditions) Condition City Dept City Recommendation Condition 2: Improve Inventory of Stormwater Infrastructure PW Add “if funding is available” as this task is not currently included in the City budget. Condition 4: Develop water conservation plan and track irrigation water usage Parks Water conservation plan completed by consultant. Propose an increase to two‐year timeline due to impact on limited parks maintenance staff. Condition 7: Create an IPM, nutrient, and chemical management plan Parks Consultant hired to develop site‐specific Integrated Pest Management (IPM), nutrient and chemical management plan. Propose an increase two‐year timeline due to impact on limited parks maintenance staff. Condition 11: Develop Prioritization Strategy for Removing Fish Passage Barriers PW Focus on the conceptual design City‐owned fish passage barriers for this study; the privately owned barriers could be mentioned in the report along with potential policy updates and funding opportunities. Propose focusing on two drainage basins Edmonds City Council Approved Minutes September 27, 2022 Page 20 within the proposed 3‐year timeline and adding two additional drainage basins every 3 years. Add “if funding is available” as this task is not currently included in the City budget. Condition 12: Develop Comprehensive Habitat Restoration Plans PW Phase 1 ‐ prioritize salmon‐bearing basins and complete two basins first within the proposed 3‐year timeline and the two remaining within the next 3 years. (Perrinville Creek, Shell Creek, Shellabarger Creek, and Willow Creek) Phase 2 ‐ focus on six potential salmon‐ bearing basins that could be evaluated on the two basin every 3‐years cycle. (Northstream Creek, Fruitdale Creek, Hindley Creek, Stilthouse Creek, Terrace Creek, and Outfall Creek) Propose removing the following creeks from the list since the stream channels are located outside of the City limits: Hall Creek, McAleer Creek and Lyon Creek. Propose removing the following creeks from the list since there are no fish passage barriers located in the City limits and the creeks are not salmon‐bearing: Deer Creek and Lund’s Gulch. Add “if funding is available” as this task is not currently included in the City budget • Next Step? 1. Pause pre‐condition work* 2. Negotiate staff requests/revision of the conditions with Salmon-Safe 3. Develop resource allocation estimates 4. Return for Council consideration of approval OR 5. Pause project Council President Pro Tem Buckshnis commented she sits on WRIA 8 Salmon Recovery Council and Puget Sound Partnership/Salmon Recovery Council. She sees good potential to do things in this, but did not think it should be a high priority right now. She was surprised not to see anything about the nitrogen project at the WWTP which impacts water entering Puget Sound. She suggesting asking the consultant that question. The City is looking at Perrinville Creek, the CIP/CFP and hopefully Shell Creek and other areas that will help with salmon recovery. There is infrastructure money and grant money; WSDOT gave money to Mountlake Terrace for culverts in McAleer Creek. Although the Salmon-Safe program includes great things like phasing out use of high hazard pesticides, she feared the focus would not be on getting infrastructure funds for Perrinville Creek or Shell Creek. She could support doing some of the low hanging fruit, but recognized all departments were understaffed. She preferred to focus on infrastructure funds for Perrinville Creek and other piped streams. Councilmember Teitzel commented the presentation represented a lot of great thinking. One of his dreams was to have salmon return to the upper reaches of Shell Creek and Perrinville Creek in his lifetime. Returning salmon should always be a priority and the City should do everything it can to make it happen. He preferred to see a holistic effort on private and public property. It would be a shame to invest the time and resources to accomplish some of the things in the report, only to have a complete fish barrier Edmonds City Council Approved Minutes September 27, 2022 Page 21 in the lower reaches of Shell Creek that prevent salmon from returning. He recommended doing a full inventory of streams in the City and developing a holistic plan for salmon recovery for public and private property. Councilmember Tibbott said he was less concerned about certification and more about using the information to make incremental improvements. The council will emphasize its budget priorities via the CIP/CFP process which may not coincide with the conditions Safe-Salmon establishes. He was more concerned with doing a good job with the City infrastructure and process versus following an outside consultant. However, he could see the benefits of the work done by the science team. For example, he appreciated the information about the use pesticides in park maintenance, something that could make a significant difference in practice. He asked how important it was for staff to have an outside science team helping identify areas, monitor improvements, and supervise the implementation of the program or was it something that could be done in-house. Ms. Feser answered there is a lot of great and enlightening information that will definitely inform the CIP/CFP process and it was great to see via the Safe-Salmon certification work what the City is doing well and areas to work on. The certification would hold the City accountable to Salmon-Safe and reporting to them on the City’s progress 1-2 times/year. City staff is now aware of this information, such as updating its integrated pest management program which will be part of next year’s work program. There is value to being accountable to an outside group, but staff is aware of what needs to be done. Public Works and stormwater indicated some of the work they do already exceeds this. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. Councilmember Paine commented the City is already moving toward issues in the precondition through discussion and its hard to ignore what is occurring in the natural world. She supported focusing on some of the precondition work. She encouraged the City to go back to Salmon-Safe to negotiate a more manageable schedule in view of watershed specific things going on. She agreed integrated pest management was important to avoid adding chemicals to the natural world. Water quality throughout Edmonds needs to be improved, specifically with regard to tire dust which has a deadly affect on salmon. Green stormwater infrastructure can help mitigate salmon-killing tire dust and improvements in water quality at all levels will improve salmon health and the health of Puget Sound. She noted the Duwamish which is at the Seattle end of Puget Sound at Elliott Bay is terribly polluted and becoming a bigger issue for salmon health due to the polluted condition of the Green River and Edmonds needs to do its part. She recalled a recent University of Washington notification about the loss of an orca, two calves were born but there were three deaths. Some of the items can be incorporated in projects in the CIP/CFP. She supported moving forward with the pre-conditions which are low-hanging fruit such as IMP which is somewhat manageable, but also asking Salmon-Safe to consider a broader timeline so that more things can be incorporated into public discussions so Edmonds can show leadership for all watersheds which is important for salmon recovery. Councilmember Chen commented Salmon-Safe Certification is a unique opportunity as it can position the City toward environmental improvements. He noted this was not something one city could do alone because the Puget Sound is connected and other cities should also pursue the certification. He supported negotiating a longer timeline to get input from the Edmonds Marsh group and other environmental groups. Councilmember Chen referred to the resource estimation, noting the estimated City staff totals 0.9 FTE, nearly a full-time position. He asked if another staff person would need to be hired to manage the program. Senior Utilities Engineer Mike De Lilla answered it would more than likely require a full-time staff person. The bulk of it is public works and is approximately 1 FTE, but depending on what is agreed upon, changes, etc., it may be more. This is staff’s best estimate regarding resources. The Department of Edmonds City Council Approved Minutes September 27, 2022 Page 22 Ecology is requiring all Phase II cities develop a Stormwater Management Action Plan (SMAP) which includes a holistic look at the entire City which has been done and will be presented to council on October 4th. That includes a high level review of all the basins and based on Ecology’s criteria, selecting one basin with the hopes that through the years more basins would be added. It is somewhat like Salmon-Safe but there are requirements/hammers that come with being compliant with the permit. He summarized there are other things on the horizon to get everyone to come up with a team approach that has associated hammers instead of just the Salmon-Safe certification. Herrera, who is assisting the City with their SMAP, helped Salmon-Safe develop their criteria as well as assisted with estimating the necessary resources to address the preconditions. With regard to Councilmember Paine’s question, Mr. De Lilla said staff is trying to do a pilot project with catch basins on SR-104 as well as a grant to purchase the low lot at 7314 Lake Ballinger Way and hopefully another project that will capture a portion of the stormwater flows from the stormwater pipe adjacent to that lot and treat the stormwater. There are a lot of things in motion; he feared more planning efforts might high center the planning stage instead of proceeding with the doing phase and would require more staff. Councilmember Chen asked if a budget request for 2023 would be a more flexible timeline instead of starting now. Mr. De Lilla answered yes, as there needs to be an assessment and reaching an understanding with Salmon-Safe about other things they may not be aware of such as the SMAP. There are a few things that both the SMAP and Salmon-Safe does, both have a similar goals, but how they get there differs. Salmon-Safe works in the streams and the SMAP works upstream with habitat, flashiness and other things that make streams and salmon recovery more likely. Councilmember Chen asked if Salmon-Safe Certification is for all salmon or only certain types of salmon. Mr. De Lilla answered all salmon, but it is not just salmon, but aquatic life, returning the stream habitat back to what it was. Ms. Feser said salmon is an indicator species, if water is healthy for salmon, it is usually health for other things. Mayor Pro Tem Olson appreciated the comment about SMAP permitting, noting a resident who knows a lot about environmental processes said the reason there were not a lot of Salmon-Safe cities in Washington was because of the other permitting process that addresses many of the same things. She suggested weighing whether this was a supplement and if so, whether the timelines could be extended knowing the City is working on these other things at the same time so it is more budget friendly. She appreciated having the scientists look at this and the interesting points they made. She supported syncing it up with budget so everything can be considered at the same time, and getting Salmon-Safe’s permission to get to things more slowly to spread out the cost impacts. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER CHEN, TO EXTEND TO 10:30. MOTION CARRIED (5-1), COUNCILMEMBER TIBBOTT VOTING NO. Ms. Feser said she got enough head nods from council to go back to Salmon-Safe to start negotiations to make the conditions more realistic and tied into the existing work plan and to update them on the City’s efforts with regard to the SMAP. 3. ARPA PROGRAM STATUS REPORT Community Services & Economic Development Director Todd Tatum explained the goal of the presentation was to get everyone on the same level of awareness regarding how the different program areas are functioning/performing. No decisions are requested tonight. Several ideas and recommended changes to the program areas and projects have been submitted. The plan is to bring the ARPA conversation forward alongside the budget so the two timelines can be tied together and the conversations Edmonds City Council Approved Minutes September 27, 2022 Page 23 carried out mutually. Over the next several months, he will have more conversations with the council about the content of the ordinance and the direction of the funds. He reviewed: • Subdivision of Funds by Ordinance o City Expenditure Reimbursements: $750,000 o Edmonds Rescue Plan Household Support: $4,150,000 ▪ Household Support ▪ Utility Bill Support ▪ Housing Repair o Edmonds Rescue Plan Business Support: $1,125,000 ▪ General Business Support ▪ Tourism Support ▪ Small Business Support o Edmonds Rescue Plan Nonprofit Support: $500,000 o Edmonds Rescue Plan Job Retraining Program: $600,000 o City Green Infrastructure: $4,768,099 ▪ Edmonds Marsh ▪ Lower Perrinville Creek Realignment ▪ Green Streets and Rain Gardens ▪ 96th Right-of-Way • Total ARPA Funds $11,893,099 • Household Support Subcategories – $4,150,000 Housing Repair 24.1% Utility Support 3.6% Household Grants 72.3% o Spent by 9/6/22 $0 $5,443 $772,343 o Commitments @ 9/6/22 $0 $50,000 $2,000,000 o Allocated Funds $1,000,000 $150,000 $3,000,000 • Business Support Subcategories – $1,125,000 Small Business Support Grants 55.6% Tourism Support 25.7% General Business Support 17.8% o Spent by 9/6/22 $184,161 $55,738 $24,627 o Commitments @ 9/6/22 $501,661 $73,395 $33,227 o Allocated Funds $625,000 $300,000 $200,000 • Nonprofit Support – 4.2% o 15 total grantees ▪ All in 2021 Edmonds City Council Approved Minutes September 27, 2022 Page 24 ▪ Ranged from $8,000-$50,000 ▪ Restarting the program would require re-advertising, determining selection criteria and ensuring the program is easily auditable ▪ Spent by 8/22/22 $420,500 ▪ Commitments @ 8/22/22 $420,500 ▪ Allocated funds $500,000 • Job Retraining – 5% o Edmonds College: $325,000 over 3 years o Shoreline CC: $275,000 over 3 years o Spent by 8/22/22 o $199,999 o Commitments @ 8/22/22 o $600,000 o Allocated funds o $600,000 • Green Infrastructure – 40.1% o Edmonds Marsh Water Quality & Flood Control $750,000 o Lower Perrinville Creek Realignment $3,500,000 o Green Streets $600,000 o 96th Right of Way Infiltration $450,000 o Spent by 9/6/22/22 o $10,926 o Commitments @ 9/6/22 o $89,250 o Allocated funds o $4,768,099 o Funds will be reconciled via the 2023 budget process In response to questions that have been raised about green streets at council and during committee meetings, Development Services Director Susan McLaughlin explained green streets is a generalized term for a variety of green stormwater infrastructure treatments within the street right-of-way. While they have different engineering details and specificities, they are scalable levels of stormwater treatment. She reviewed: • What is a green street? o Improves the Environment ▪ Infiltrates, slows and/or treats stormwater; ▪ Provide opportunities for supportive habitat; ▪ Mitigates heat island impacts ▪ Expands pedestrian realm o Fosters Walkability ▪ Calms traffic by narrowing width, providing visual interest and verticality along street edge ▪ Encourages walking with safer streets, ADA compliant with visual interest ▪ Streets trees and landscape have been proven to improve mental health ▪ Enhances neighborhood aesthetic • What is our scope of work for the current green streets project? o Work with Reimagining Neighborhoods & Streets to create a green streets overlay network ▪ Key deliverables include a package of new street typologies across the citywide network - Cross sections will be developed for all streets to show how right-of-way is allocated o This will guide future green stormwater infrastructure investments o Develop 100% Design for 236th Ave SW between 84th Ave W o Develop 100% Design for Dayton Street between SR104 and 2nd Ave S • Demonstration projects o Dayton Street-green street elements: ▪ Roadway narrow (vehicular capacity retained) ▪ Sidewalks and planting strips expanded ▪ Bioretention planter collecting runoff from the road Edmonds City Council Approved Minutes September 27, 2022 Page 25 ▪ Standard landscape beds adjacent bioretention planter picking up sidewalk runoff, overflows to bioretention planter. o 236th Street SW – green street elements: ▪ Roadway narrow (vehicular capacity retained) ▪ Sidewalks and planting strips added ▪ Bioretention cells collect runoff from the road through curb cuts ▪ Bioretention cells collect runoff directly from sidewalks ▪ Public private partnership potential with Housing Hope and Terrace Place developments. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER CHEN, TO EXTEND FOR 15 MINUTES. MOTION CARRIED (5-1), COUNCILMEMBER TIBBOTT VOTING NO. Mr. Tatum described next steps which include the October 11 finance committee meeting and the October 25th city council meeting to discuss the components within each bucket of funding in the ordinance. Council President Pro Tem Buckshnis said she was not mystified about green streets. Councilmembers are policy makers and there needs to be something in the code that defines a green street for the council to follow. Staff is improvising what they envision. She recalled Edmonds Waterfront Center did a wonderful bioswale and landscaping. Originally $1,000,000 was allocated to green streets which was reduced to $600,000. She recalled the marsh was removed from stormwater which should have removed the $750,000. She summarized she did not have a problem with green streets but it needed to be in the code. Ms. McLaughlin said capital projects are obviously different than private development projects in terms of following code. Reimagining Neighborhoods includes developing a package of street design standards. The green street overlay will be part of those street design standards and will provide an opportunity for that specificity. Councilmember Teitzel thanked Mr. Tatum for his responses via email about CARES and ARPA funding. For the record and so citizens can hear the responses, he commented the City has been the beneficiary of a lot of federal funding to help the City, its citizens and businesses recover from the pandemic. It is taxpayer money and the council has an obligation to ensure it is managed well. It was his understanding, especially as it related to CARES, that some of the grant requests were not well founded and should not have been granted and staff is trying to recover some of those funds. He asked the status of that recovery process. Mr. Tatum answered that is not under his direct purview, but it was his understanding 33 potentially ineligible CARES fund grantees were identified; 2 of the businesses are closed, 12 have not responded to staff’s outreach, 15 submitted additional documentation, and 4 have repaid the funds or are on a repayment plan. Administrative services and the city attorney are working on contacting the 12 businesses that did not respond. Councilmember Teitzel asked what controls are in place to prevent the inappropriate granting of ARPA funds in the future. Mr. Tatum answered during the distribution of CARES funds, the idea was to get funds into people’s hands as quickly as possible. With the ARPA funds, there was more time to plan and the City has hired a compliance person who worked with the auditor to audit the City’s grant programs. Quarterly audits of grantees is also being done. Councilmember Paine agreed with Mr. Tatum’s comments that there needed to be more advertising regarding the availability of funds particularly for job retraining and other programs that have not had as much response. She looked forward to doing more advertising and discussing how the funds could be addressed during the budget process. Edmonds City Council Approved Minutes September 27, 2022 Page 26 Councilmember Chen asked about the criteria to qualify for job retraining funds. Mr. Tatum answered being a resident of Edmonds. Mayor Pro Tem Olson recalled there was a limitation that it was not for young people just out of high school, but for retraining. Mr. Tatum said he would research that. Mayor Pro Tem Olson commented Edmonds was fond of identifying what they did not want from Seattle. After taking a tour of green streets in Seattle, she was personally very excited to have them in Edmonds. Council President Pro Tem Buckshnis asked why this was attached to the budget when ARPA funds are totally separate from the General Fund. She was ready to make amendments to increase the allocations to non-profits, job retraining, etc. Mr. Tatum said the plan was to return alongside the budget and discuss the two together. Council President Pro Tem Buckshnis pointed out the ordinance needed to be updated. Mr. Tatum anticipated changes to the ordinance would occur during the budget process. Council President Pro Tem Buckshnis reiterated the ARPA funds are separate from the budget. 11. MAYOR'S COMMENTS Mayor Pro Tem Olson said she was called out in an email circulated this week by one of the council’s favorite governmental watchdogs for questioning a professional appraisal that was being relied on for decision making. The question was asked whether she knew better than the professional appraiser about the value of the property. The answer is most definitely no, but she knew it was unwise and unbecoming in the council’s position of trust to proceed based on information a councilmember was questioning, She will do that every time and did not care if the information came from a professional appraiser, a member of staff or the King of England and thought all councilmembers should do the same. 12. COUNCIL COMMENTS Councilmember Tibbott recognized September is Suicide Prevention Month. Copies of the book, So Much to Live For, are available in the council office. Council President Pro Tem Buckshnis said her plans to hold town hall meetings in October will be announced via a press release. Page 26 of the council packet includes information from the Lake Ballinger McAleer Creek Watershed Forum about the WSDOT culverts and the park in Mountlake Terrace that she hoped the City could do an ILA with. Councilmember Teitzel recalled last week the council discussed the Lighthouse contract extension and council authorized spending up to $1000 for an independent legal review of the contract to ensure the terms were legal and within the bounds of legal ethics. He has contacted a variety of attorneys; WCIA’s general counsel recommended Anne Marie Soto with the Madrona Law Group in Bellevue. She is very impartial, fair and bright and he was certain she would do a great job. A contract was signed with her and she has committed to completing the review within a week of the receipt of the contract. Councilmember Paine thanked the Rotary for the great Oktoberfest. She also thanked Ace Hardware for their contribution for the Great Oktober Blowout that included demonstration of three styles of electric leaf blowers. The amount of pollution created by running a gas leaf blower is equivalent to 1100 miles traveled in a sedan. She thanked Ace who raffled off a gas-powered leaf blower. She also thanked the Mayor’s Conservation Advisory Committee who came up with the idea of the demonstration project. 13. ADJOURN With no further business, the council meeting was adjourned at 10:43 p.m.