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2025-01-14 Council Minutes Edmonds City Council Minutes January 14, 2025 Page 1 EDMONDS CITY COUNCIL MEETING ACTION MINUTES January 14, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember STAFF PRESENT Shane Hope, Acting Planning & Dev. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk Kim Dunscombe, Acting Finance Director Phil Williams, Public Works Director Rob English, City Engineer 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:00 pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Olson read the City Council Land Acknowledgement Statement. 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. PRESENTATIONS 1. MARTIN LUTHER KING JR. DAY PROCLAMATION Mayor Rosen read the proclamation and presented it to Donnie Griffin and Michelle Bear, who each spoke about Martin Luther King Jr.’s legacy of love, justice, and transcendence of racial and political divides. 2. RESOLUTION OF APPRECIATION FOR SERVICE AS COUNCIL PRESIDENT – VIVIAN OLSON Councilmember President Tibbott read the resolution thanking Vivian Olson for her service as Council President and presented it to Councilmember Olson. Edmonds City Council Minutes January 14, 2025 Page 2 3. MAYOR’S FINANCE UPDATE Mayor Rosen reported on 2024 year-to-date revenues, noting shortfalls in January due to required annual expenditures in the first part of the year. 5. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED APPROVAL OF THE AGENDA. COUNCILMEMBER OLSON MOVED TO ADD NEW ITEM 9.1 RECONSIDERATION OF MOTION AUTHORIZING THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY. COUNCIL PRESIDENT TIBBOTT MOVED TO ADD A HUMAN RESOURCES ITEM AS ITEM 9.7. MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY. COUNCILMEMBER DOTSCH PULLED ITEM 8.8 ORDINANCE ON NEIGHBORHOOD CENTERS AND HUBS FROM CONSENT, WHICH WAS ADDED AS ITEM 9.8. COUNCIL PRESIDENT TIBBOTT MOVED TO PULL ITEM 8.8 ORDINANCE ON STEP HOUSING AND MOVE TO A FUTURE AGENDA. MOTION CARRIED 5-2 WITH COUNCILMEMBERS ECK AND NAND VOTING AGAINST. MAIN MOTION TO APPROVE THE AGENDA AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS 1. Roger Pence, Edmonds, spoke favorably about Councilmember Olson’s service as Council president. 2. Deborah Arthur, Edmonds, spoke in support of Martin Luther King Jr.’s legacy and touched on themes of unity and love. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. COUNCIL AFFIRMATION OF CODE OF CONDUCT AND CODE OF ETHICS Edmonds City Council Minutes January 14, 2025 Page 3 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER OLSON MOVED APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES NOVEMBER 21, 2024 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES NOVEMBER 25, 2024 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES NOVEMBER 26, 2024 4. APPROVAL OF COUNCIL MEETING MINUTES NOVEMBER 26, 2024 5. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. 6. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT. 7. RESOLUTION OF APPRECIATION FOR SERVICE AS COUNCIL PRESIDENT - VIVIAN OLSON 9. COUNCIL BUSINESS 1. RECONSIDERATION OF MOTION AUTHORIZING THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. COUNCILMEMBER OLSON MOVED TO RECONSIDER THE DECISION TO AUTHORIZE THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. MOTION CARRIED 6-0, WITH COUNCILMEMBER OLSON ABSTAINING. COUNCILMEMBER OLSON MOVED TO AUTHORIZE THE MAYOR TO SIGN THE SETTLEMENT AGREEMENT IN THE PRUITT MATTER. MOTION CARRIED 6-0, WITH COUNCILMEMBER OLSON ABSTAINING. 2. PLANNING BOARD UPDATE Jeremy Mitchell and Lee Hankins, Planning Board Chair, provided an update on Planning Board activities, which included Comprehensive Plan work, parking issues, parks acquisition/development, and subcommittee work on special projects. They also reported on 2025 goals, which include coordination with the Planning Dept. on Comp Plan implementation and requested council’s preferred focus areas and/or special interests. Council expressed interest in the following areas: • Balance what is required now with what will help future residents • Ensure compliance with state mandated deadlines Edmonds City Council Minutes January 14, 2025 Page 4 • Critical areas ordinance updates • Permit process improvements • Explore efficiencies in Planning Board and Council review processes • Transition zones, center & hubs, especially Hwy 99 • Hwy 99 placemaking committee • Disaster preparedness for new and existing buildings • Subsidized housing for vulnerable populations • Public engagement on neighborhood centers and hubs • Architectural Design Board assistance with multifamily design standards 3. ORDINANCE TO AMEND ECDC 18.00.050 AND 18.00.060 Rob English, City Engineer, presented an ordinance to amend ECDC 18, which makes the city compliant with state law requiring public works contracts to contain 50% total labor hours done by apprentices based on estimated project costs. The law applies to all projects estimated at $2 million and above. He concluded his presentation by commenting on the potential challenges, including lack of apprentices, displacing existing contractor workforce, and change orders that deduct apprentice work. Sharon Cates, City Attorney, responded to council questions and comments. COUNCILMEMBER ECK MOVED ADOPTION OF THE ORDINANCE TO AMEND ECDC 18.00.050 AND 18.00.060. Following Council discussion, MOTION CARRIED UNANIMOUSLY. 4. INTERFUND LOAN ORDINANCE Kim Dunscombe, Acting Finance Director, explained the need to adopt an ordinance regarding the interfund loan, which was part of the 2025-2026 budget adoption. COUNCILMEMBER CHEN MOVED ADOPTION OF THE INTERFUND LOAN ORDINANCE AS INCLUDED IN THE COUNCIL PACKET. COUNCILMEMBER CHEN MOVED TO AMEND THE 6TH WHEREAS CLAUSE TO INSERT “AND UTILITY FUND RESERVE REQUIREMENTS.” MOTION TO AMEND CARRIED UNANIMOUSLY. COUNCILMEMBER CHEN MOVED TO AMEND SECTION 5 AS FOLLOWS: “THE COUNCIL HAS FURTHER DETERMINED THAT WE REQUIRE THE UTILITY FUNDS RETAIN SUFFICIENT RESERVES TO MEET OPERATIONAL AND LEGAL OBLIGATIONS THROUGHOUT THE TERM OF THE LOAN.” MOTION TO AMEND CARRIED UNANIMOUSLY. COUNCILMEMBER DOTSCH MOVED TO INSERT THE FOLLOWING INTO SECTION 1: Edmonds City Council Minutes January 14, 2025 Page 5 1. Loan Details: o Loan Amount: Up to $6,000,000 (drawn as needed by the General Fund). o Interest Rate: Determined at the time of each draw. o Year 1 (2025): No payments of principal or interest. o Year 2 (2026): Monthly payments of principal and interest begin. o Year 3 (2027): Loan repaid in full by 12/31/2027. 2. Assumptions: o An amount up to, not to exceed, $6 million will be drawn by the end of 2025. o Simple interest will be calculated using actual rates at the time of a draw and will vary. o Payments in 2026 and 2027 are calculated to amortize the loan completely by 12/31/2027. o The loan can be paid in full at any time. 3. Repayment Schedule: o Year 1 (2025) 1. No payments are made o Year 2 (2026) 1. Monthly payments of principal and interest begin in January 2. Payments will cover the simple accrued interest from Year 1 and principal 3. The annual payment amount for 2026 is calculated to be approximately 50% of the total repayment amount. o Year 3 (2027) 1. Monthly payments continue to ensure full repayment by December 31, 2027. Councilmembers spoke for and against the motion. Following discussion, MOTION TO AMEND CARRIED 4-3, WITH COUNCILMEMBERS ECK, PAINE, AND NAND VOTING AGAINST. COUNCIL PRESIDENT TIBBOTT MOVED TO SUSPEND COUNCIL RULES REQUIRING TWO READINGS FOR ORDINANCES TO ALLOW FINAL PASSAGE TONIGHT. MOTION CARRIED UNANIMOUSLY. MOTION ADOPTING THE INTERFUND LOAN ORDINANCE AS AMENDED CARRIED UNANIMOUSLY. 5. ORDINANCE AUTHORIZING FULL TIME EQUIVALENTS (FTES) Kim Dunscombe, Acting Finance Director, presented the ordinance authorizing FTEs, noting that it corresponds with salaries and benefits approved in the adopted budget. Edmonds City Council Minutes January 14, 2025 Page 6 COUNCILMEMBER PAINE MOVED APPROVAL OF THE ORDINANCE AUTHORIZING FULL TIME EQUIVALENTS ON A FUTURE CONSENT AGENDA. COUNCILMEMBER OLSON MOVED TO STRIKE “COUNCIL LEGISLATIVE ADMINISTRATIVE ASSISTANT” FROM ATTACHMENT B BECAUSE IT’S INCLUDED IN ATTACHMENT A. MOTION TO AMEND CARRIED UNANIMOUSLY. MAIN MOTION TO ADOPT THE ORDINANCE AS AMENDED ON A FUTURE CONSENT AGENDA CARRIED UNANIMOUSLY. 6. EXTENSION OF INTERIM FINANCE DIRECTOR APPOINTMENT Jessica Neill Hoyson, Human Resources Director, explained that council must approve an extension of the Acting Finance Director appointment for an additional six months or until a new finance director is appointed. COUNCIL PRESIDENT TIBBOTT MOVED TO EXTEND THE APPOINTMENT OF THE ACTING FINANCE DIRECTOR FOR AN ADDITIONAL SIX MONTHS. MOTION CARRIED UNANIMOUSLY. 7. WAIVING THE THREE CANDIDATE REQUIREMENT FOR INTERVIEWS FOR FINANCE DIRECTOR POSITION PER ECC 2.10.010(D) Jessica Neill Hoyson, Human Resources Director, explained that when there are not three candidates for an appointive position, the code permits the administration to request council interview two candidates, prior to the mayor’s selection. There were three candidates, but one recently withdrew. The administration believes this to be in the best interest of the city, rather than risking loss of current candidates by conducting a new recruitment process. COUNCIL PRESIDENT TIBBOTT MOVED TO WAIVE THE THREE CANDIDATE REQUIREMENT AND PROCEED WITH TWO CANDIDATES TO BE INTERVIEWED BY THE CITY COUNCIL. MOTION CARRIED UNANIMOUSLY. 8. DISCUSSION OF PROPOSED CHANGES TO ECC 1.04 COUNCIL MEETINGS Council President Tibbott outlined proposed changes to council meeting times and formats as included in the council packet. His proposal included changing the time of regular meetings from 7 pm to 6 pm, allow council president to assign council seating, and creating a committee structure of two committees held on the first and third Tuesdays of each month, and a committee of the whole meeting on the 3rd Tuesday of each month. COUNCIL PRESIDENT TIBBOTT MOVED TO DIRECT THE CITY ATTORNEY TO CREATE AN ORDINANCE AMENDING THE CITY’S REGULAR MEETING TIME TO REFLECT A 6 PM START TIME AND 9 PM ADJOURNMENT AND APPROVE COUNCIL SEATING ASSIGNMENTS ALTERNATING MONTHLY. Edmonds City Council Minutes January 14, 2025 Page 7 There was council discussion for and against the motion. COUNCILMEMBER OLSON MOVED TO AMEND THE MOTION TO REMOVE THE COUNCIL SEATING ASSIGNMENT. MOTION TO AMEND FAILED 2-5, WITH COUNCILMEMBERS CHEN AND OLSON VOTING IN FAVOR. MAIN MOTION TO ADJUST THE START TIME TO 6 PM WITH ADJOURNMENT AT 9 PM AND COUNCIL SEATING ASSIGNMENTS ALTERNATING MONTHLY CARRIED 6-1, WITH COUNCILMEMBER NAND VOTING AGAINST. COUNCIL PRESIDENT TIBBOTT MOVED TO REQUEST THE CITY ATTORNEY TO REVISE ECC 1.04 TO ACCOMPLISH THE PROPOSAL RELATED TO COUNCIL COMMITTEES. Following council discussion, COUNCILMEMBER DOTSCH MOVED TO AMEND THE COMMITTEE STARTING TIMES TO 3 PM. MOTION TO AMEND CARRIED UNANIMOUSLY. COUNCILMEMBER DOTSCH MOVED AN AMENDMENT TO INCLUDE PUBLIC COMMENTS TO COMMITTEE OF THE WHOLE MEETING AGENDAS. Following discussion, MOTION TO AMEND FAILED 3-4, WITH COUNCILMEMBERS CHEN, DOTSCH, AND OLSON VOTING IN FAVOR. MAIN MOTION RELATED TO COUNCIL COMMITTEES AS AMENDED CARRIED 6-1, WITH COUNCILMEMBER NAND VOTING AGAINST. COUNCIL PRESIDENT TIBBOTT MOVED TO DIRECT THE CITY ATTORNEY TO BRING FORWARD AN AMENDMENT TO ECC 1.04 REGARDING RESCHEDULING COUNCIL MEETINGS ON ELECTION DAYS. MOTION CARRIED UNANIMOUSLY. 9. ADOPTION OF INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS COUNCILMEMBER DOTSCH MOVED ADOPTION OF THE INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS. COUNCILMEMBER DOTSCH MOVED TO AMEND SECTIONS A, B, AND C OF ECC 15.120.050 SITE DEVELOPMENT STANDARDS AS FOLLOWS: “…However, for any lot abutting or immediately across the street from a single-family zone, the height of any development portion of a building that is within 20 feet of the property line shall be no greater than 30 feet under any circumstances, even where criteria for height exceptions, incentives or bonuses in this chapter are otherwise met.16.120.050 Site development standards.” Edmonds City Council Minutes January 14, 2025 Page 8 Shane Hope, Interim PDS Director, responded to questions. Following Council discussion on the amendment, MOTION TO AMEND CARRIED 6-1, WITH COUNCILMEMBER PAINE VOTING AGAINST. MAIN MOTION TO ADOPT THE INTERIM ORDINANCE FOR NEIGHBORHOOD CENTERS AND HUBS AS AMENDED CARRIED 6-1, WITH COUNCILMEMBER DOTSCH VOTING AGAINST. 10. COUNCIL COMMENTS Councilmembers commented on various issues. 11. MAYOR’S COMMENTS Mayor Rosen provided comments. MEETING EXTENSION COUNCILMEMBER PAINE MOVED TO EXTEND THE MEETING UNTIL 10:35 PM. MOTION CARRIED UNANIMOUSLY. 12. EXECUTIVE SESSION Mayor Rosen announced that the Council would recess into Executive Session to discuss pending or potential litigation per RCW 42.30.110(1)(i) until10:20 pm. At 10:20 pm, Mayor Rosen announced the Executive Session would be extended until 10:30 pm. 13. RECONVENE IN OPEN SESSION At 10:30 pm., Council reconvened in open session. COUNCILMEMBER OLSON MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE SETTLEMENT AGREEMENT WITH EEC AS MODIFIED PURSUANT TO DISCUSSIONS IN EXECUTIVE SESSION. MOTION CARRIED UNANIMOUSLY. ADJOURNMENT The meeting was adjourned at 10:30 pm.