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2025-04-08 Council Minutes Edmonds City Council Minutes April 8, 2025 Page 1 EDMONDS CITY COUNCIL MEETING ACTION MINUTES April 8, 2025 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Will Chen, Councilmember Neil Tibbott, Council President Michelle Dotsch, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Chris Eck, Councilmember Jenna Nand, Councilmember STAFF PRESENT Emily Wagener, Sr. HR Analyst Jeff Taraday, City Attorney Angela Tinker, City Attorney Phil Williams, Interim PW Director Jeannie McConnell, Engineering Program Manager Rob English, City Engineer Rod Sniffen, Acting Police Chief Scott Passey, City Clerk 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 6:00 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 Nand read the City Council Land Acknowledgement Statement. 3. ROLL CALL City Clerk Passey called the roll. All elected officials were present. 4. PRESENTATIONS 1. 2024 PROSECUTOR’S OFFICE ANNUAL REPORT Aaron Walls of the Walls Law Firm provided the annual report, which included the following highlights: • The total number of cases in 2024 was 2,703 and break down into the following categories: 1) Traffic Infractions; 2) Non-Traffic Infractions; 3) DUI / Physical Control; 4) Other Criminal Traffic; 5) Criminal Non-Traffic. • Case Backlog - the accumulation of unfiled cases is an area of concern. Walls has Edmonds City Council Minutes April 8, 2025 Page 2 addressed the backlog by executing a specific agreement with the City aimed at eliminating it. • Community Court - in collaboration with the public defender’s office, community court has been reorganized and structured to focus on individual situations and needs. • Court Resource Day provides opportunities to connect with service providers. Questions and discussion followed regarding the ways in which cases are initiated, the case backlog, high theft and trespass cases, domestic violence, and community court progress. 2. MAYOR’S FINANCIAL REPORT Mayor Rosen commented on issues impacting city finances. 5. APPROVAL OF AGENDA COUNCILMEMBER CHEN MOVED APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 6. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES 2. WRITTEN PUBLIC COMMENTS 7. AUDIENCE COMMENTS 1. Nora Carlson, Edmonds, urged the city to preserve the natural environment and revisit the interim ordinance to protect landmark trees in Edmonds. 2. Georgina Armstrong, Edmonds, Hummingbird Hill, urged the city to protect the institutions and environmental characteristics we value most, such as parks and trees. 3. Jordan - commented that the police must be allowed to enforce the law when constitutionally protected events such as protests devolve into disorderly conduct. 4. Dorian - put the city on notice of potential legal liability because the Edmonds police did not protect her from an aggressive mob at a recent protest. 5. Gayla Shoemake, Edmonds, spoke in support of a temporary ordinance to preserve old growth trees in Edmonds. 6. Ann Christiansen, Edmonds, urged the city to adopt the interim ordinance to preserve landmark trees. 7. Kathleen Sears, Edmonds, commented in favor of the interim tree ordinance and that the community is eager to help do the research to get it right. 8. Janell Cass, Edmonds, encouraged thoughtful policy decisions on tree preservation, noting that homeowners are not the enemy but allies for preserving tree canopy. 9. Susan, Seattle, shared that preserving trees is not only good for the ecosystem but our responsibility as stewards of the environment. 10. Kim Butler was encouraged by the draft interim ordinance to protect landmark trees, noting that incentive programs will not work. 11. Lora Hein urged the city to adopt equitable policies to preserve trees in Edmonds to improve health and wellness for all areas and income levels. Edmonds City Council Minutes April 8, 2025 Page 3 12. Finis Tupper, Edmonds, said the Boardwalk permit application for tree removal was flawed and poorly executed by the city. 13. Joe Scordino, Edmonds, urged the city to do a thorough review of the Comprehensive Plan and Tree Code to develop one consistent policy on tree preservation. 14. Nick, Edmonds, expressed concern that private property rights are threatened by the tree ordinance, and he will be auditing the police on constitutional rights. 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED APPROVAL OF THE CONSENT AGENDA. MOTION TO APPROVE THE CONSENT AGENDA CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES MARCH 21, 2025 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES MARCH 27, 2025 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES MARCH 28, 2025 4. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES MARCH 31, 2025 5. APPROVAL OF COUNCIL COMMITTEE A MINUTES APRIL 1, 2025 6. APPROVAL OF COUNCIL MEETING MINUTES APRIL 1, 2025 7. APPROVAL OF CLAIM CHECKS. 8. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. 9. SUMMER MARKET, EDMONDS SPRINGFEST, EDMONDS ARTS FESTIVAL SPECIAL EVENT AGREEMENTS 10. BUILDING CONTROLS - SUPPORT AGREEMENT WITH ATS AUTOMATION 11. PUBLIC SAFETY BUILDING - CHILLER PLANT SERVICE & MAINTENANCE AGREEMENT CONTINUATION 12. AWC ENERGY AUDIT GRANT AWARD 9. COUNCIL BUSINESS 1. TITLE 18 CODE UPDATES FOR UTILITIES ON ROW Phil Williams, Acting Public Works Director, Rob English, City Engineer, Jeannie McConnell, Engineering Program Manager, and City Attorney Tinker provided an overview of the issues related to the City’s right-of-way (ROW) relating to franchises. They outlined the types of users, the status of their respective franchise agreements, and provided examples of the problems the city is experiencing in the city ROW. While the primary purpose of city right of way is travel, a secondary use is placement of utilities. When users do not comply with the conditions of city- issued ROW permits or do not work in compliance with city policies, it creates clutter, requires extra staff time, increases city incurred costs, and frustrates city efforts to provide a reasonably safe right-of-way for the traveling public. Recent windstorms and fires have illustrated how undergrounding of overhead utilities aids public safety and is in the public interest. The city may desire an ability to implement undergrounding cost-effectively and with utilities paying their fair share to the extent authorized under law. Next steps include working on updates to Edmonds Community Development Code Title 18 to clarify and further establish rules and regulations to effectively manage the ROW in the public interest. Edmonds City Council Minutes April 8, 2025 Page 4 Questions and comments focused on the following points: • Franchise renewal provides opportunity to negotiate for best price and recovery of administrative costs. • A code update would contemplate significant fines for non-compliance • Franchise terms • Process and timeline for the review of draft code changes • Problems related to ADA requirements, pole removal, sidewalk repair/maintenance, and lapsed agreements. • The staff time and risk-reward of embarking on such a significant code project 2. EPD CAMERA ENFORCEMENT PROGRAMS Acting Chief Sniffen provided information on the city’s three camera enforcement programs: 1) School Zone Speed Enforcement; 2) Red-Light Cameras; and 3) Flock Camera System. School Zone includes five enforcement systems operating in four school zones, and fines were increased to $145 earlier this year. He provided program data and ticket issuance rates, as well as the Process Flow which tracks violations with an event captured on camera to issuance of a citation mailed to the registered owner. Red-Light includes five camera systems installed at two intersections. Cameras record events 24/7 with fine set at $145. Flock Cameras are scheduled to be deployed using existing infrastructure in select points around the city. The Flock system is a grant-funded license plate reader technology aimed at collecting information on vehicles used in the commission of a crime. Questions and comments focused on the following areas: • Concerns about data sharing with other agencies to surveil undocumented immigrants • Data security • Cameras as a force to change driver behavior • Number of citations, collections, revenue tracking and reporting • Challenges caused by the high number of Red-Light camera violations • Costs and overall financial picture of the camera enforcement program • Ability to expand Red-Light cameras to more problem locations • Staff resources to review/process Red-Light violations 3. DRAFT INTERIM ORDINANCE TO PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON PRIVATE PROPERTY Councilmember Paine explained that the interim ordinance will preserve large trees on private property, which provide canopy cover, wildlife habitat, and support the Climate Action Plan’s tree canopy goals. The timing of this ordinance will allow the preservation of big trees to be incorporated into the building code updates, allowing for flexibility in building placement which would allow for the preservation of Landmark trees. The interim ordinance would also provide exemptions for trees which have already been vested through the permitting process, hazard Edmonds City Council Minutes April 8, 2025 Page 5 trees, and nuisance trees. She summarized the ordinance as a 1-year prohibition on the removal of a tree with a 30-inch diameter at breast height. This will allow the city to implement the required Work Plan to develop permanent regulations. MEETING EXTENSION AT 8:55 PM, COUNCILMEMBER NAND MOVED TO EXTEND THE MEETING UNTIL 9:45 PM. MOTION CARRIED 6-1 WITH COUNCIL PRESIDENT TIBBOTT DISSENTING. Councilmembers discussed the merits of the ordinance, next steps, and whether the work should be done separately or in conjunction with the Comprehensive Plan update. COUNCILMEMBER NAND MOVED TO PLACE THE INTERIM TREE ORDINANCE ON THE APRIL 21 CONSENT AGENDA. COUNCILMEMBER OLSON MOVED TO AMEND BY PLACING THE INTERIM ORDINANCE ON THE APRIL 21 COUNCIL BUSINESS AGENDA. MOTION CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED 6-1 WITH COUNCILMEMBER DOTSCH DISSENTING. 10. COUNCIL COMMENTS Councilmembers commented on various issues. 11. MAYOR’S COMMENTS Mayor Rosen provided comments. ADJOURNMENT The meeting was adjourned at 9:23 pm.