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HomeMy WebLinkAbout2024-08-20 Council PPW Committee PacketAgenda Edmonds City Council PARKS AND PUBLIC WORKS COMMITTEE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 AUGUST 20, 2024, 1:30 PM Edmonds City Council Agenda August 20, 2024 Page 1 COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN-PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 OR JOIN BY DIAL-UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: SUSAN PAINE (CHAIR), MICHELLE DOTSCH, COUNCIL PRESIDENT (EX - OFFICIO MEMBER) 1. CALL TO ORDER 2. COMMITTEE BUSINESS 1. Presentation of Street Dedication at Intersection of 162nd St SW and 74th Pl W (10 min) 2. Presentation to Award Construction Contract for the Main Street Overlay Project (10 min) 3. Sierra Park Expansion Grant Application 4. Council Rules of Procedure Section 9 - Motions (10 min) ADJOURNMENT City Council Agenda Item Meeting Date: 08/20/2024 Presentation of Street Dedication at Intersection of 162nd St SW and 74th Pl W Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On September 13, 2022, staff presented this item to the Parks and Public Works Committee and it was forwarded to the consent agenda for approval. Staff Recommendation Forward item to consent agenda for approval. Narrative The City is currently reviewing a proposed 2-lot subdivision located at the SE corner of 162nd St SW and 74th Pl W. In accordance with Edmonds Community Development Code (ECDC) 20.75.085 (Subdivision - Review Criteria), the city council may require dedication of land in the proposed subdivision for public use. During review of the proposed development, it was found that a portion of the existing public road as well as public water, sewer and storm utilities are located on private property. There is an existing utility easement that encompasses a portion of this area but does not cover the area in its entirety. In addition, there is no existing access easement over this portion of the property. In coordination with the property owner, a street dedication of 1240sf is proposed. This item was previously heard at the 9/13/2022 PPW Council Committee and although it was approved at that time for a future consent agenda, this action was delayed pending submittal of final plat documents. The final plat documents are the mechanism in which the dedication is recorded against the property and therefore, are required in the council packet for the agenda item. The applicant submitted the final documents, with dedication area clearly depicted, on 6/15/2024 (Attachment 3). As it has been almost 2-years since this item was heard at the PPW committee and new documents are now available, it seemed appropriate to bring this item back to committee before taking further action. Following Council approval, the street dedication will be recorded against the subject property with the final plat documents for the subdivision. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Site Plan Attachment 3 - Existing Easement and Proposed Dedication 2.1 Packet Pg. 2 9,028 752.3 © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION WGS_1984_Web_Mercator_Auxiliary_Sphere Feet Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 505.190 1:6,062 Vicinity Map - 162nd & 74th 1,010.4 Sections Boundary Sections Edmonds Boundary ArcSDE.GIS.PROPERTY_BUILDINGS ArcSDE.GIS.STREET_CENTERLINES <all other values> Interstate Principal Arterial Minor Arterial; Collector Local Street; On Ramp State Highways <all other values> 0 1 2 County Boundary Parks ArcSDE.GIS.PROPERTY_WASHINGTON ArcSDE.GIS.PROPERTY_CITIES ArcSDE.GIS.PROPERTY_CITIES City of Edmonds City of Lynnwood City of Mountlake Terrace Unincorporated King Co; Unincorporated County City of Woodway City of Arlington; City of Bothell; City of Brier; City of Everett; City of Gold Bar; City of Granite Falls; City of Lake Stevens; City of Marysville; City of Mill Creek; City of Monroe; City of Mukilteo; City of Snohomish; City of Stanwood; City of Sultan; Town of Darrington; Town of Index Snohomish County 2.1.a Packet Pg. 3 At t a c h m e n t : A t t a c h m e n t 1 - V i c i n i t y M a p ( P r e s e n t a t i o n o f S t r e e t D e d i c a t i o n a t I n t e r s e c t i o n o f 1 6 2 n d S t S W LOT 2 “6) LOT 1 “6) .16&4+8'9#;241(+.' *QTK\QPVCN5ECNGž 8GTVKECN5ECNGž 8+%+0+6;/#2 0 1" = 30' 30 30 60 DA T E : AP P R O V E D : DE S I G N E D : DR A W N : CH E C K E D : 4 -PQYYJCVžUDGNQY %CNNVYQDWUKPGUU FC[UDGHQTG[QWFKI SHEET OF 21-0504 HE R Z E R S H O R T P L A T DE V E L O P M E N T ED M O N D S WA S H I N G T O N C1 3 SW 1/4 SW 1/4 SEC.9 ,TWP.26N ,RGE.5E ,W.M. BR E T T & C H E R I H E R Z E R PL A N *'4<'45*1462.#6 &'8'.12/'062.#0 '&/10&59#5*+0)610 2.0Ä 76+.+6;%10(.+%6016' %#76+10 241,'%6+0(14/#6+10 5748';016'5 5+6' x x 016'5 5JGGV.KUV 5JGGV0WODGT 5JGGV6KVNG #%%'55#0&76+.+6; '#5'/'06':*+$+6 016'5 &4;76+.+6; '#5'/'06':*+$+6 2.1.b Packet Pg. 4 At t a c h m e n t : A t t a c h m e n t 2 - S i t e P l a n ( P r e s e n t a t i o n o f S t r e e t D e d i c a t i o n a t I n t e r s e c t i o n o f 1 6 2 n d S t S W a n d 7 4 t h P l W ) 2.1.c Packet Pg. 5 At t a c h m e n t : A t t a c h m e n t 3 - E x i s t i n g E a s e m e n t a n d P r o p o s e d D e d i c a t i o n ( P r e s e n t a t i o n o f S t r e e t D e d i c a t i o n a t I n t e r s e c t i o n o f 1 6 2 n d S t S W a n d 7 4 t h P l W ) 2.1.c Packet Pg. 6 At t a c h m e n t : A t t a c h m e n t 3 - E x i s t i n g E a s e m e n t a n d P r o p o s e d D e d i c a t i o n ( P r e s e n t a t i o n o f S t r e e t D e d i c a t i o n a t I n t e r s e c t i o n o f 1 6 2 n d S t S W a n d 7 4 t h P l W ) City Council Agenda Item Meeting Date: 08/20/2024 Presentation to Award Construction Contract for the Main Street Overlay Project Staff Lead: Rob English/Ryan Hague Department: Engineering Preparer: Emiko Rodarte Background/History On May 24, 2023, the City Council approved a Professional Services Agreement with KPG Psomas to design the Main St Overlay Project. On February 13, 2024, staff presented this item to the Parks and Public Works Committee. On April 2, 2024, staff provided a project update to the City Council. On July 16, 2024, staff presented construction bids to the Parks and Public Works Committee and it was forwarded to the full City Council meeting for further discussion. On July 23, 2024, City Council rejected all construction bids for the Main Street Overlay project. Staff Recommendation Staff will provide the bid results, a proposed construction budget and possible recommendation to award at a future City Council meeting. Narrative The project consists of a full-width grind and a 2" pavement overlay along Main St from 6th Ave to 8th Ave. This project also includes upgrading all noncompliant ADA curb ramps within the project limits and installation of an eastbound bicycle lane. The project was advertised for construction bids a second time on July 30th and August 6th, since the first set of construction bids had to be rejected. Bids are due by 2:00 PM on August 20, 2024. Construction is expected to begin in September and be complete by November. The project costs are being funded by grants from FHWA and TIB, REET (Fund 126), and Stormwater Utility Fund (Fund 422). Attachments: Attachment 1 - Area Map 2.2 Packet Pg. 7 MAIN ST PAVE - AREA MAP Main St Dayton St Maple St Bell St Frances Anderson Center Civic Field 6t h A v e 7t h A v e 8t h A v e 9t h A v e 5th Ave 4th Ave3rdAve/S R-524 2nd Ave FEDERALLY FUNDED OVERLAY LOCALLY FUNDED OVERLAY 2.2.a Packet Pg. 8 At t a c h m e n t : A t t a c h m e n t 1 - A r e a M a p ( P r e s e n t a t i o n t o A w a r d C o n s t r u c t i o n C o n t r a c t f o r t h e M a i n S t r e e t O v e r l a y P r o j e c t ) City Council Agenda Item Meeting Date: 08/20/2024 Sierra Park Expansion Grant Application Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Prepared By: Angie Feser Background/History The City of Edmonds' 5.5-acre Sierra Park consists of three parcels and a vacated city right-of-way. Within the park area is an undeveloped 0.38 acre parcel owned by Alderwood Water & Wastewater District (AWD) who is willing to sell the parcel. (See attachment) This acquisition is eligible for the Snohomish County Conservation Futures grant program and an application was submitted last week to meet the August 16th deadline. The District has expressed willingness to make the acquisition contingent upon a successful grant award. The grant application will be evaluated by the County's Conservation Futures Board in mid-September and results should be known during that meeting. If successful, the potential land acquisition will then to be reviewed and approved by the City Council before proceeding with the purchase. Staff Recommendation No action necessary. Informational presentation only. Attachments: AWD Property in Sierra Park 2.3 Packet Pg. 9 Map Title Feet 8/12/2024 All maps, data, and information set forth herein (“Data”), are for illustrative purposes only and are not to be considered an official citation to, or representation of, the Snohomish County Code. Amendments and updates to the Data, together with other applicable County Code provisions, may apply which are not depicted herein. Snohomish County makes no representation or warranty concerning the content, accuracy, currency, completeness or quality of the Data contained herein and expressly disclaims any warranty of merchantability or fitness for any particular purpose. All persons accessing or otherwise using this Data assume all responsibility for use thereof and agree to hold Snohomish County harmless from and against any damages, loss, claim or liability arising out of any error, defect or omission contained within said Data. Washington State Law, Ch. 42.56 RCW, prohibits state and local agencies from providing access to lists of individuals intended for use for commercial purposes and, thus, no commercial use may be made of any Data comprising lists of individuals contained herein. 2251130 2.3.a Packet Pg. 10 At t a c h m e n t : A W D P r o p e r t y i n S i e r r a P a r k ( S i e r r a P a r k E x p a n s i o n G r a n t A p p l i c a t i o n ) City Council Agenda Item Meeting Date: 08/20/2024 Council Rules of Procedure Section 9 - Motions Staff Lead: Council President Olson Department: City Council Preparer: Beckie Peterson Background/History In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion. Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings, such rules do not address many other processes and procedures in the conduct of City business. It is thought that a more comprehensive set of rules would provide greater understanding and transparency about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of business within the context of council meetings. The draft rules of procedure address Council organization, duties of officers, agenda preparation, meeting management, consent agenda, public testimony, decorum, motions, and other important areas. The draft also includes Council’s recent adoption of a Code of Conduct as Section 6; this was done to consolidate all applicable rules into one document. It is important to note that many provisions of these rules of procedure are already governed by other codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of reference only and is not intended to be adopted as a rule because it already constitutes governing law. Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council resolution as the Council’s procedural rules and may be amended at any time by subsequent resolution. On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its own Code of Conduct separate from that which applies to the Mayor and members of City boards, commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. For comparison purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of February 4, 2020 and March 3, 2020. On April 6, 2021, a motion was passed to table consideration of the draft Rules of Procedure for a period of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration was postponed due to lack of time. On August 3, 2021, the Council considered the draft rules, made amendments, and instructed the city attorney to bring back additional language for potential amendments to various sections of the rules. A new Section 7 entitled “Code of Ethics” has been added to incorporate the Code of Ethics adopted by the City Council on June 2, 2015. 2.4 Packet Pg. 11 Recommendation Recommend Council Rules of Procedure Section 9 - Motions be forwarded to a future consent agenda for council approval. Narrative It is thought that approving the draft Rules of Procedure by Section, or in segments, would be the most practical approach to accomplishing this 2024 goal. The draft includes 14 sections, as follows: SECTION 1. AUTHORITY - approved 6/25/2024 SECTION 2. COUNCIL ORGANIZATION - approved 6/25/2024 SECTION 3. AGENDA PREPARATION - amended and approved 3/26/2024 SECTION 4. CONSENT AGENDA - approved 7/23/2024 SECTION 5. COUNCIL MEETINGS - approved 7/23/2024 SECTION 6. COUNCIL CONDUCT - adopted 1/26/2021 SECTION 7. CODE OF ETHICS - adopted 6/2/2015 SECTION 8. PUBLIC TESTIMONY - amended and approved 4/16/2024 SECTION 9. MOTIONS - to PPW Committee 8/20/2024 SECTION 10. ITEMS REQUIRING FOUR VOTES SECTION 11. ITEMS REQUIRING A UNANIMOUS VOTE SECTION 12. COUNCIL REPRESENTATION SECTION 13. REIMBURSEMENT OF EXPENSES - approved 4/16/2024 SECTION 14. SUSPENSION AND AMENDMENT OF RULES Proposed Workplan for Adopting Council Rules of Procedure 1. Address the draft rules of procedure by section or segments, starting with the most timely/highest priority section(s). 2. Focus on one segment each month: a. City Clerk and Council staff review and indicate any recommended revisions. b. Council President review. c. Place on agenda for review of Council Committee d. If committee recommends segment for council approval on consent - place on a future consent agenda for approval and implement that segment as adopted policy. e. If committee recommends revisions or full council discussion - add to future council business when agenda time allows. Once all segments are approved, adopt a resolution with the comprehensive set of rules of procedures as an attachment. SECTION 9. MOTIONS: The process of review/approval of each draft section of Council Rules of Procedure has focused on documenting the current practices of council, with the intent of future consideration of improvements or changes. Below are details about the proposed changes to the draft. 9.1 This proposed change better documents our current practice: To reduce the need for roll call votes, the mayor has asked for raised hands in addition to a verbal Aye/Yes or Nay/No. This will also improve the ability to record which way each council person voted and make it easier for live and virtual 2.4 Packet Pg. 12 community members to see the vote. It is always the prerogative of council members to request a roll call. 9.8 This proposed change to 9.8 is more in line with Robert’s Rules than what has been Edmonds City Council past practice. It is a procedural change recommended by Council President Olson, and supported by City Clerk Scotty Passey as a better parliamentary practice. Past practice has treated motions as if they belong to the motion maker, and allowed the motion maker to withdraw their motion, with the seconder of the motion consenting to the withdrawal, also implying an additional transfer of motion-ownership to the seconder. Robert’s Rules does not support arbitrary withdrawals; the motion, once seconded, belongs to the body as a whole. It ensures that a motion- maker is serious and offering motions in good faith, rather than floating motions as trial balloons, and if they don’t go their way, they withdraw. It guards against delays. The chair/mayor could use the less cumbersome act of unanimous consent: “Are there any objections to withdrawal? Seeing none, the motion is withdrawn.” If there is an objection, they can always proceed to a formal vote. 9.16 This proposed change directs councilmembers to consult with the city attorney if they have personal involvement in a decision coming before the council. A citation was added referencing the appearance of fairness and conflict of interest state laws. A proposed word change from "may" to "shall" clarifies the expected behavior. Attachments: Section 9 - redline 2.4 Packet Pg. 13 Section 9. Motions. 9.1 Unless otherwise provided for by statute, ordinance, or resolution, all votes shall be taken by voice or and hand raise, except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. 9.2 A motion must precede deliberation of an action item. A Councilmember should make a motion, which is seconded by another Councilmember, on the topic under discussion. If the motion is not seconded, it dies. Some motions do not require a second: nominations, withdrawal of a motion, request for a roll call vote, and point of order. 9.3 In case of a tie vote on a motion, the motion shall be considered lost. If the motion is an item for which the Mayor may break the tie vote, the Mayor may vote on the motion. 9.4 Motions shall be clear and concise and not include arguments for the motion. 9.5 Motions shall be reduced to writing when required by the Presiding Officer or any member of the Council. All resolutions and ordinances shall be in writing. 9.6 After a motion has been made and seconded, Councilmembers may discuss their opinions on the issue prior to the vote. If they wish to do so, they may state why they will vote for or against the motion. 9.7 When the Council concurs or agrees with an item that does not require a motion, the Mayor will summarize the Council's consensus at the conclusion of the discussion. 9.8 A motion may be withdrawn by the maker of the motion, at any time, without the upon consent of the Council. 9.9 A motion to table is nondebatable. It requires a majority to pass. If the motion to table prevails, the matter may only be "taken from the table" at the same meeting or the next regular meeting. 9.10 A motion to postpone to a specific time is debatable, amendable, and may be reconsidered at the same meeting. It requires a majority to pass. The motion being postponed must be considered later in the same meeting or a specific future meeting. 9.11 A motion to postpone indefinitely is debatable, is not amendable, and may be reconsidered at the same meeting. It requires a majority to pass. The merits of the main motion may be debated. 9.12 A motion to call for the question shall close debate on the main motion and is 2.4.a Packet Pg. 14 At t a c h m e n t : S e c t i o n 9 - r e d l i n e ( C o u n c i l R u l e s o f P r o c e d u r e S e c t i o n 9 - M o t i o n s ) nondebatable. This motion must receive a second and fails without a two-thirds (2/3) vote. Debate is reopened if the motion fails. 9.13 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. 9.14 When the discussion is concluded, the motion maker, Mayor, or City Clerk, shall repeat the motion prior to voting. 9.15 The City Council votes on the motion as restated. If the vote is unanimous, the Mayor shall state that the motion has been passed unanimously according to the number of Councilmembers present, such as "7-0" or "6-0." If the vote is not unanimous, the Mayor shall state the number of Councilmembers voting in the affirmative and the number voting in the negative and whether the motion passes or fails. 9.16 Personal involvement in an issue coming before Council shall be a trigger to consult with the City Attorney regarding possible conflict of interest/ need for recusal from that council business item. If a Councilmember has a such conflict of interest or an appearance of fairness question under state law 1 is established, the Councilmember may shall recuse themselves from the issue and shall leave the Council chambers during discussion and voting on the issue. That Councilmember shall be considered absent when voting occurs. 9.17 If a member of the Council is silent on a vote, it shall be recorded as an affirmative vote. If a member of the Council abstains, it shall be recorded as an abstention and not included in the vote tally. 9.18 No vote may be cast by proxy. 9.19 Once the vote has been taken, the discussion is closed. It is not necessary for Councilmembers to justify or explain their vote. If they wish to make their positions known, this should happen during the discussion preceding the vote. 9.20 After the question has been decided, any Councilmember who voted in the majority may move for a reconsideration of the motion. The motion for reconsideration must be made at the same or next regular meeting. 9.21 The City Attorney, in consultation with the City Clerk, shall decide all questions of interpretations of these policies and procedures and other questions of a parliamentary nature which may arise at a Council meeting. All cases not provided for in these policies and procedures shall be governed by the current edition of Robert's Rules of Order. In the event of a conflict, these Council rules of procedures shall prevail. 1 RCW 42.36 and RCW 42.23.020 2.4.a Packet Pg. 15 At t a c h m e n t : S e c t i o n 9 - r e d l i n e ( C o u n c i l R u l e s o f P r o c e d u r e S e c t i o n 9 - M o t i o n s ) 2.4.a Packet Pg. 16 At t a c h m e n t : S e c t i o n 9 - r e d l i n e ( C o u n c i l R u l e s o f P r o c e d u r e S e c t i o n 9 - M o t i o n s )