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Cmd111220EDMONDS CITY COUNCIL VIRTUAL ONLINE SPECIAL MEETING APPROVED MINUTES November 12, 2020 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Adrienne Fraley-Monillas, Council President Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Kristiana Johnson, Councilmember 1. CALL TO ORDER/ROLL CALL STAFF PRESENT Phil Williams, Public Works Director Shane Hope, Development Services Director Angie Feser, Parks, Rec. & Cultural Serv. Dir. Shannon Burley, Deputy Parks & Recreation Dir, Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk ALSO PRESENT Brook Roberts, Student Representative The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. City Clerk Scott Passey called the roll. All elected officials were present, participating remotely, with the exception of Councilmember K. Johnson. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXCUSE COUNCILMEMBER K. JOHNSON. Councilmember Buckshnis requested Councilmember K. Johnson be excused for medical reasons. Council President Fraley-Monillas said she did not know about Councilmember K. Johnson's absence and would have appreciated being notified. Councilmember Distelhorst asked the normal process for excusing Councilmembers. City Attorney Jeff Taraday said there is no legal standard for excusing a Councilmember, it is entirely up to the discretion of each Councilmember. The consequence of unexcused absences, not for this meeting because it is a special meeting, is if a Councilmember has three consecutive unexcused absences at three consecutive regular meetings, as a matter of law a Councilmember loses their seat which is the reason for excusing a Councilmember's absence. Councilmember Distelhorst clarified that was only for a regular meeting, not a special meeting like tonight. Mr. Taraday agreed. Council President Fraley-Monillas said she will not support the motion as she has not heard anything about it. Edmonds City Council Approved Minutes November 12, 2020 Page 1 Councilmember L. Johnson asked the proper notification procedure if a Councilmember knows in advance they will be absent from a Council meeting. Mr. Taraday answered there is no written procedure. At some point in time the Council may wish to discuss what notice is appropriate if a health situation or other emergency arises that causes a Councilmember to be absent from a meeting. Councilmember Buckshnis commented everyone is private in their own way and she believed a text or email had been sent to Council President Fraley-Monillas and Mayor Nelson last Tuesday. She assured Councilmember K. Johnson was dealing with some medical issues and she hoped her absence could be excused. Council President Fraley-Monillas hoped if a Councilmember were absent in the future, they would notify the Council President and not just one of their peers. As a Councilmember must miss three meetings before losing their seat and tonight's meeting doesn't count, she will vote no on the motion. MOTION CARRIED 4-2, COUNCILMEMBER L. JOHNSON AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING NO. 2. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 3. EXECUTIVE SESSION TO EVALUATE THE QUALIFICATIONS OF AN APPLICANT FOR PUBLIC EMPLOYMENT, RCW 42.30.110(1)(G� At 7:07 p.m., Mayor Nelson announced that the City Council would meet in executive session to evaluate the qualifications of an applicant for public employment per RCW 42.30.110(1)(g). He stated that the executive session was scheduled to last approximately one hour. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Nelson, and Councilmembers Fraley-Monillas, Buckshnis, Olson, Paine, Distelhorst, and L. Johnson. City Attorney Jeff Taraday was also present. The executive session concluded at 8:08 p.m. 4. RECONVENE IN OPEN SESSION/FLAG SALUTE Mayor Nelson reconvened the regular City Council meeting at 8:08 p.m. The meeting was opened with the flag salute. 5. LAND ACKNOWLEDGEMENT Councilmember L. Johnson read the City Council Land Acknowledgement 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." 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Joe Scordino, Edmonds, a 42-year resident of Edmonds, speaking on behalf of the Save Our Marsh group, requested Councilmembers review and consider the contents of a recent email from the Save Our Marsh Edmonds City Council Approved Minutes November 12, 2020 Page 2 group. He summarized what was contained in the letter; the Save Our Marsh group is opposed to the $17 million item in the CFP for marsh restoration. Until the Unocal property issue is resolved, it is premature to set out an estimated cost or specific plans for the tidal channel that will connect the marsh to Puget Sound. The cost is unknown especially property costs. It is also inappropriate to place this project under Fund 422 which is stormwater. This is an estuary restoration project and has nothing to do with stormwater. The marsh is not a stormwater basin and should not be viewed as such. Save Our Marsh requests the Council immediately begin fixing the Comprehensive Plan to remove the outdated and defunct ferry terminal relocation that is identified as a priority in the Comprehensive Plan for the Unocal property and to acknowledge how the Unocal property can enhance the marsh and public recreation. Save Our Marsh asks the City begin a public process to develop a master plan as called for in the Comprehensive Plan so a community public process can begin in conjunction with WSDOT to prioritize the property use and how it can complement marsh restoration. Rich Senderoff, Edmonds, a 25-year Seaview resident, did not support the classification of the Edmonds Marsh restoration as a stormwater project as indicated in the 2021 Capital Facilities Plan (CFP) in Fund 422. The estuary restoration is not a stormwater project to be paid for by Edmonds citizens' utility taxes. The estuary restoration is intended to restore and enhance wildlife habitat and support salmon and is not simply a hydrology project. While there may be stormwater components associated with the estuary restoration, it is inappropriate, misleading, and non -transparent to attribute over $17 million in costs to the Stormwater Utility. Utility rate increases are based on capital project projections noted in the CFP and utility rate increases can be made without a public vote as required for a General Fund levy. Planning Board Member Nate Monroe attempted to address this with Public Works Director Phil Williams, apparently unsuccessfully as it seems Mr. Monroe tired of Mr. Williams' condescension. The Edmonds Marsh restoration is a Parks project that is supported by Public Works which was the case when Parks Director Carrie Hite was employed by the City. It is not a Public Works project supported by Parks. Stormwater projects have less potential for grant funding required for estuary restoration as Parks projects. Designations matter and the City needs to be very careful how utility funds are designated for estuary restoration. Those Councilmembers that believe in government transparency, especially associated with the budget and financials, should not support this classification. Kathleen Sears, Edmonds, commended the Council for getting back to virtual meetings after the distressing event on Monday. With regard to the Edmonds Marsh, she was reminded of the parable of the blind man and the elephant: one man reached up and touched the trunk and said oh, this is a snake. Another man touched the flapping ear and said no, this is a fan. And yet a third man touched the leg of the elephant and said you're both wrong, this is the trunk of a steady tree. She explained perspective is shaped by experience so it's completely understandable and logical that an engineer would look at the marsh and see it as a stormwater project. A botanist might look at the marsh and think I need to assess the plant life, are there invasive species endangering the health of the marsh? An entomologist would look at the rich insect life in the marsh and see how that relates to the overall health. An ornithologist would look at how the marsh provides a sanctuary for migrating and native local birds. A marine biologist would look at the marsh as a place for salmon and how can we restore the salmon habitat? She summarized there are many perspectives of the marsh. She requested Council reset the vision of the marsh and bring it back up to the macro umbrella level of the marsh as a complex ecosystem that has many specific component parts. She requested funding be removed from Fund 422 and put it back into Parks and Recreation. Mike Shaw, Edmonds, concurred with Dr. Senderoff and Mr. Scordino. He summarized a letter sent to Council and Mayor Nelson requesting marsh funds be put back into Fund 017 for the following reasons: transparency; if the Public Works Department takes control of what should rightfully be a Parks project, is only natural to wonder why they are trying to appropriate that funding. Edmonds government should apportion funds properly to the right accounts. Any funds associated with Edmonds Marsh restoration rightly belong in Fund 017, not Fund 422. Second, accountability; the right department needs to control the Edmonds City Council Approved Minutes November 12, 2020 Page 3 right job and the funds for it. Edmonds Marsh restoration properly falls under the domain of Parks & Recreation, not stormwater and/or Public Works. Third, timeliness; the Unocal property is still not owned by WSDOT and until it is and the City can negotiate with WSDOT, funds should be put on hold or in a TBD category within Marsh Restoration Fund 017, not Stormwater Fund 422. Fourth, consistency; is a City park regarded as a stormwater project? No, any funding comes from Parks not Stormwater Fund 422. Similar to the Meadowdale Beach project, since the Edmonds Marsh is a regional park, funds should be earmarked in Fund 017. Lastly, who pays? If marsh funds remain in a stormwater category, marsh restoration will almost certainly be paid in part by utility taxes and as a ratepayer, he strongly objected to that. Marsh restoration funding should be in Fund 017 and marsh restoration should be allowed to occur via grant funds. Ray White, Edmonds, said he has been involved in stream restoration for 63 years. First from 1957 to 1972 as a Wisconsin State research biologist evaluating restoration projects and then in stream research and teaching at universities in Michigan and Montana. Later directly in managing and designing projects, running construction crews and advising landowners, government agencies and citizen groups. He has been semi -retired in the Pacific NW for 30 years, exactly the period this region has been developing the world's foremost advancements in stream restoration, research and management. The greatest concentration of experts on the subject exist here among universities and the state and federal agencies. Since 2013, he has been organizing an annual workshop on stream restoration for Wisconsin State fishery biologists and stream managers that brings in the nation's leading scientists, mostly from the Pacific NW and the Rocky Mountain region and he continues to learn from those experts. Streams restore themselves by natural processes when people stop harming them and not as much habitat building is required. Streams carve the channels in which they flow; they have been forming and reforming shapes for millions of years and fish have adapted to channel shapes. Streams should be left alone whenever possible and there are parts of the Edmonds Marsh where that applies. Another thing every profession learns is they need help from allied professions. Stream geomorphologists have been missing from the planning to restore Edmonds Marsh. Stream geomorphologists study and advise on natural processes that shape channels in adjacent land and the City needs that advice. He was skeptical about proposals he has heard to dredge new channels in parts of the marsh where Willow Creek could form its own course when it returns to natural flows which is why the floodgate needs to be removed. Several geomorphologist should be brought in; more of them exist in the Pacific NW than anywhere else in the world and many are in the Seattle area. Suzie Schaefer, Edmonds, said during the Land Acknowledgement she was thinking about how it applied to native vegetation and animals. She recalled originally the project was daylighting the creek and she never thought about how that differed from restoring the marsh. She suggested if the creek were connected somehow and the pipe replaced with a ditch, the creek would be daylighted. Daylighting the creek is not full restoration of the marsh. The City has an obligation to retore the marsh; there is marsh restoration occurring in Everett, Marysville and Stanwood. The salmon and orca populations have already been affected. (Written comments submitted to Pub]icComment@Edmondswa.gov are attached.) Mayor Nelson declared a brief recess. 7. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF NOVEMBER 2, 2020 Edmonds City Council Approved Minutes November 12, 2020 Page 4 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. CLAIMS FOR DAMAGES BY COLLEEN SCHAFFER AND EDMONDS CHAMBER OF COMMERCE 8. STUDY ITEM 1. PRESENTATION OF THE PROPOSED 2021-2026 CAPITAL IMPROVEMENTS PROGRAM/CAPITAL FACILITIES PLAN Public Works Director Phil Williams provided a diagram showing components found only in the CIP and only in the CFP and components found in both the CIP and CFP. The CIP contains 6-year maintenance projects with funding sources, the CFP contains long range (20-year) capital project needs, and both contain 6-year capital projects with funding sources. He reviewed: • Diagram of the Comprehensive Plan and subordinate plans o Comprehensive Plan o Capital Facilities Plan • Parks, Recreation and Open Space Plan (PROS) • Transportation Plan • Utilities Plan o Community Sustainability Plan o Land Use Plan o Housing Plan o Economic Development Plan o Community Culture & Urban Design Plan • Comprehensive Plan Elements o Establish goals and policies o Assessment of future needs based on land use and modeling o Identifies infrastructure and services to support future needs o Public participation o Establish priorities o Develop project list for capital improvements o Develop programs for maintenance / preservation o Planning Board review / public hearing / recommendation o City Council review / public hearing (November 24"') / approval Parks, Recreation & Cultural Services Director Angie Feser reviewed: • 2016 Parks, Recreation & Open Space Plan (PROS) o Collaborative efforts to meet recreation and cultural needs o Interconnected park system that includes cultural identity and natural environment o Preserve and expand shoreline o Natural resource land for habitat conservation, recreation & environmental education o Promote a healthy, active and engaged community through recreation o Provide an engaged and vibrant community through arts and cultural opportunities o High quality maintenance of parks and related amenities • Parks 2021-2016 CIP/CFP o Methodology ■ Finish Big Projects - Waterfront Re -Development - Civic Park • Maintain Current Assets Edmonds City Council Approved Minutes November 12, 2020 Page 5 - Playgrounds - Trails & Bridges - Athletic Fields - Greenhouse Replacement Prepare for Future Large Projects - Marsh Restoration - Marina Beach Park - 4th Avenue Cultural Corridor - Land Acquisition Mr. Williams reviewed: ■ Transportation Plan (2015) o Walkway Plan o Bicycle Plan o ADA Transition Plan (2017) o Pavement Preservation Rating Study (2017) o Priority list of projects o Financial Plan(Impact fees) Utilities Plan o Water (2017) o Storm (2010) o Sewer (2013) r Diagram of influence in the selection of projects o Mayor & City Council o Comprehensive Plan priority o Grant sources and competitiveness o Maintenance issue o Project delivery capacity o Available funds o Concurrency o Safety ■ Map of 2021 Utility Replacement and Overlay Programs • CIP/CFP Schedule o July ■ City staff begins development of capital budgets o August/September ■ Submit proposed Capital budget to Finance ■ Prepare draft CFP and CIP o October ■ Planning Board; Public Hearing (October 14th & 28th) o November/December ■ City Council Presentation (November 121") ■ Public Hearing Planning Board (November 12"') ■ Public Hearing City Council (November 24") • Adopt CFP w/ Budget into the Comprehensive Plan Mayor Nelson advised Council questions would be taken in a round robin format with each Councilmember asking one question during their turn. Councilmember Olson observed there was a Walkway Plan in the Transportation Improvement Plan, but it was her understanding there was not an all -in -one -place sidewalk plan. Mr. Williams answered the Edmonds City Council Approved Minutes November 12, 2020 Page 6 Transportation Plan has a list of short walkway segments and a relative priority and a list of longer, more expensive walkway segments that are also prioritized. That provides a basic wish list but the order projects are pursued is impacted by the other project selection influences including availability of funds, grants, etc. The intent is that the projects in the first three years of the CIP have a reasonable expectation of being funded; projects where the funding is unknown are included in the last three years of the CIP. Councilmember Paine referred to a $8.5 million project proposed on 220"' & 76"' and asked how the current level of service was evaluated as well as the justification for that level of service (LOS). In traveling through that area, she has never seen it overcrowded. Although she understood the need for updates, it seemed like a lot of money for an area that may not be high need. To the question of how it is identified as a need, Mr. Williams explained in this case it was based on total intersection delay during PM peak hour. His experience with that intersection during PM peak is there is a lot of eastbound traffic. The City collects data to study and model the total delay at the intersection. The City has adopted LOS D as its goal and that intersection does not meet that and is scheduled to get worse with growth. Preliminary work has been done to confirm the hypothesis and accurately model it and grants have been obtained for the design and right-of-way for the intersection and grants will be sought for construction in the future. Mr. English added one of the big factors in selecting projects is the City's plans; the intersection of 7611' & 220"' is one of the highest .ranked project in the Transportation Plan. In addition the merits of the project caused it to score well and the City received grant funds for the project in a very competitive process. The City obtained a grant for the design phase and were awarded a grant for the right-of-way phase last week. Mr. Williams said the intersection is small considering the traffic volumes and it does not allow concurrent left turns which will be one of the improvements. That will require purchasing right-of-way on each corner of the intersection which is also expensive. Councilmember Buckshnis said her concern was overall transparency, and she thanked staff for attaching the Planning Board's minutes to the packet. She asked about the process for reviewing the CIP/CFP and whether staff planned to review any of the major projects or was the Council just asking questions since the Planning Board had done did a lot of vetting. Mr. Williams answered both; the Council could ask questions and staff will provide a more detailed presentation at the November 24"' public hearing similar to the presentation at the Planning Board. Councilmember Distelhorst commented there are streams and stormwater that flow into the Edmonds Marsh and the marsh is zoned open space. He asked how a project like that is delivered. Mr. Williams said he was surprised by some of the public's comments. He had never seen it as particularly important from a functional standpoint where in the City's budget the money is. A significant amount of City funds will be required to match grant funds, regardless of the grant's source, whether it is federal, state, RCO or even private foundations. Projects are being done in Perrinville that are related to improving habitat in Perrinville Creek; the entire purpose of one infiltration project was to reduce peak flows in Perrinville and decrease damage to habitat and later introduce the cleaner, cooler water more gently as groundwater infiltrating into the stream in the summertime to create better habitat. That project match was entirely stormwater funds and there was no complaint that that was somehow inappropriate. Mr. Williams explained the basins for Perrinville, Willow and Shellabarger Creeks are identifiable and are located in areas that are primarily developed at an urban level of development. The water in those streams is runoff in a large part. If stormwater is a bad brand name, he suggested it could be called runoff or rainwater. It is the utilities' job and the scope of the utility to handle the City's drainage issues. This is an opportunity to combine that responsibility with important habitat in the Edmonds Marsh. He understood and shared the sensitivity and enthusiasm for that issue. The challenges with that project are not created by the City; it is essentially a MTCA cleanup site and has been for the past 20 years. Edmonds City Council Approved Minutes November 12, 2020 Page 7 Mr. Williams reported in a phone call with Ecology last week regarding the cleanup of site, Ecology said a cleanup action plan may be developed early in 2021. A draft cleanup action plan for the site would go out for public comment and depending on the reaction could be finalized by mid-2021 and a decent decree signed with Unocal and Ecology that may not require an extensive period of additional cleanup which could accelerate the timeline. With regard to tonight's public comments, Mr. Williams said the tidegate is open, has been open all year, wil I be open all winter and will be open into the future unless an epic situation occurs with really high tides, a significant snowfall that melts rapidly while it's raining and the system is overwhelmed. Once the channel is daylighted, the tidegate will be gone and the full exchange of saltwater will occur regardless of hydrologic conditions. There are also flood walls and berms included in the project to control that. There is a lot of balance in the design; the intent is not to excavate any more than necessary in the marsh, only to create the channel across the Unocal property. He anticipated there would be residual contamination. To the comment about allowing the channel to cut itself, Mr. Williams said in this instance, the channel will go through an area that was grossly contaminated and just cleaned up. It may not be appropriate to allow that channel to meander through the property and continue to cut into the banks when flows are high and deposit that sediment downstream because there could still be contamination. The vision has always been to build a natural looking channel but it likely will need to be lined so the stream cannot meander. The stream would be within a liner with clean soils and natural vegetation; it would be a good habitat but it would be an engineered solution, not a fully natural solution. The source of the funding does not really matter, but if the intent of the comments was not to use any stormwater rate revenue for matching funds, that is fine but it seems like a realistic way to match grants and is a legitimate function of the stormwater utility. All of Edmonds is basically a stormwater drainage basin. Ms. Feser said everyone can agree that the marsh estuary restoration project is very complex. There are elements of ecological restoration, habitat, public access and environmental education, but a significant piece is the hydrological component which requires a lot of technical expertise which is found in the Public Works Engineering Department. This is a project of great magnitude; it is long-term and complex with many moving parts and Public Works may be better suited to handling those pieces. Public Works would not work on it independently, the restoration project is definitely a team approach with Parks and Public Works working together. Parks can bring to partnerships to the table and contribute to the restoration work with stewards and volunteers, grant applications, etc. The loose project estimate is $17 million, and only $5 million is funded with stormwater dollars, the remaining $12 million is unsecured grants. Those grants will require matches and the stormwater fund provide seed money to leverage grants. The estimated cost of daylighting Willow Creek and the Marina Beach Park project is $5 million in addition to the $17 million. These are complex projects to make the restoration happen; the Marina Beach Park project is essential to getting the saltwater back into the marsh instead of through a pipe. She summarized it is a team approach with Public Works, Parks and other departments working together on a long-term, complicated project. Councilmember Olson recalled the waterfront connector was a highly controversial project, but she was surprised not to see a different approach in the 20-year plan as the safety issue has not gone away. Mr. Williams agreed such a project is not included in the 6-year CIP. It would require the Council deciding it wanted to investigate an alternative to the waterfront connector. Councilmember Olson said she had anticipated some type of pedestrian crossover so people could get back and forth in event of an emergency blockage. Mr. Williams said there were six alternatives developed to get pedestrians across the railroad tracks. Councilmember Olson said she envisioned something like the mid -block connector but not necessarily in that location, something philosophically aligned with that but a lower budget item. Mr. Williams said in the planning horizon, Sound Transit will need to develop a method of loading passenger trains north and southbound which may require a platform on the west side of the tracks as well which Edmonds City Council Approved Minutes November 12, 2020 Page 8 would require getting people over the tracks to catch a southbound train. That may be project in Sound Transit's future that the City could be a partner on. Councilmember Paine asked how often the Stormwater Comprehensive Plan is updated and for what purposes. She asked if $152,000 was the typical cost and why was it being updated now. Mr. Williams answered it was last updated in 2010 and that document focused on flooding and habitat issues versus replacing stormwater pipes. At that time, the City did not have good data regarding the condition of stormwater pipes, but video data of the storm system has been collected over the past 5-6 years. He hoped to start the update in the third quarter of 2021; the $152,000 is a carryover from the 2020 budget to start that plan with the expectation of completing it in 2022. The total will be approximately $450,000, although he hoped the cost would be less. Councilmember Paine asked if all the plans were being updated. Mr. Williams answered no. Councilmember L. Johnson referred to the Pedestrian Safety Program, estimated cost $20,190 and DP #75, and asked how COVID has impacted that. Specifically with schools not open, have some areas experienced an increase in pedestrians and other areas, possibly around schools, have had a decrease. Mr. Williams recalled a similar question at the Planning Board whether COVID has affected that. Staff has looked at COVID as a shorter term element and have not adjusted long-term plans based on COVID. The Traffic Calming Program is approximately $20,000/year plus carryover for a total of $33,000 in 2021. There are funds for pedestrian improvements which are generally use for an education program with Edmonds School District. Those funds will not be spent in 2020 due to COVID and lie hoped to carry them over into 2021, a combined education program between the City and ESD for 2" d graders on being better pedestrians. Projects in the Traffic Calming Program are the result of citizen requests that are evaluated and prioritized and executed such as radar feedback signs. Councilmember L. Johnson asked if there was concern about an area and the current readings differ from when schools were open, would the readings be done again when school reopen. Mr. Williams answered with traffic volumes somewhat suppressed from pre-COVID, there is more speeding both regionally and locally as a result of less traffic so the need to calm traffic may be more acute rather than less. He summarized COVID was viewed as a shorter term issue and he was hesitant to construct programs and planning around it. Councilmember Buckshnis explained since the marsh was given to the City in the 1960s, it has been under Parks & Recreation until Parks & Recreation Director Hite left. She referred to last year's minutes and her discussion with then -Mayor Earling and why he demanded it go into stormwater. It has never been a stormwater project in past CFPs. She recommended looking at the entire project including Unocal. Unocal is not zoned open space. The Comprehensive Plan is wrong and it asks for a master plan. The Marina Beach project should not be considered separate from the marsh; it should be one unified systems. She acknowledged it was very complex, but she has seen many complex projects at WRIA 8 and Puget Sound Salmon Recovery Council. She objected to putting any price tag on this because the $17 million includes floodwalls and berms. She recalled Mr. Williams presented Alternative 6 to WRIA 8 and their response was to wait until all the property is acquired. Councilmember Buckshnis said what everyone is saying to Council tonight is worry about the zoning, the Comprehensive Plan and the master plan. The cost of Meadowdale Beach, which is just as complex and includes a railroad trestle, is $10 million. She recommended going back to the drawing board and looking at the project in its entirety. She recalled during last year's rate increases for stormwater, Councilmember K. Johnson asked about $16 million and Mr. Williams said it was for the marsh. That project is included in the rate analysis, but utility ratepayers question why they should pay for marsh and wildlife habitat Edmonds City Council Approved Minutes November 12, 2020 Page 9 restoration. She acknowledged Storm and Public Works will have to help because "they drive the machines." Mayor Nelson reminded this is an opportunity for Q&A; comments can be made at a later time. Councilmember Distelhorst referred to the Citywide Beautification project and suggested renaming it Downtown Beautification to reflect where the projects occur. Ms. Feser answered the $21,000 allocation is primarily for the purchase of plant materials. A majority of those annuals are planted downtown in the hanging flower baskets, corner parks and four sites where annuals are planted around signs in the bowl area. She agreed citywide may not be entirely accurate for the allocation of those finds. Councilmember L. Johnson referred to the comment that the marsh was not zoned open space, but the zoning map states it is zoned open space. Mr. Williams answered the marsh proper which the City has owned since it was gifted is zoned open space. The Unocal property has a different zoning and that property needs to be crossed to reach Puget Sound. The zoning will be a future decision by the future property owner; one of options would be open space. Councilmember Buckshnis referred to the Civic Center Playfield project and asked if the cost of construction was anticipated to increase since the City waited a year and have been paying on the bonds for a year. Mayor Nelson clarified the City did not wait a year; the bids came in too high. Councilmember Buckshnis acknowledged the bids came in too high and nothing was done this year. Ms. Feser answered the two bids the City received were unresponsive because they had technical errors, but the numbers were also too high so the City did not proceed with the bids for the project. The intent is to go out to bid in first quarter 2021. It's difficult to say with the COVID environment; construction has not diminished much, the housing market continues so there is ample work and outdoor construction is one of the safer environments to work in during the pandemic. She was hopeful the numbers will be closer to the estimates; the cost estimates are being reevaluated and tightened in preparation for going out to bid. She agreed the City has been making bond payments in the range of $230,000/year waiting for the project to launch. Councilmember Distelhorst asked if the LOS calculations still use the old system that prioritized cars over other modes of transportation. Mr. Williams answered yes, the same system that has been used in the past is used. He has not seen a system that takes into account what Councilmember Distelhorst was suggesting. The City has a Complete Streets Ordinance and staff works hard to meet the expectations in that ordinance. When looking at transportation projects, the intersection delay for automobiles is evaluated as well as other aspects such as bike lanes which may increase the delay. He concluded there is not another a widely accepted system for establishing LOS, the current system is also used by the state. Councilmember Buckshnis referred to Citywide Park Improvements/Capital Replacement Program, recalling that the Seaview Park playground was replaced last year. She asked if there were any improvements planned such as inclusive playgrounds, observing there was $155,000 budgeted in 2021 and beyond. Ms. Feser answered further information regarding this project will be provided at the November 24'1' public hearing. In past CIPs, $5,000 was allocated as a placeholder for specific parks in specific years which made the CIP very convoluted, the projects often did not line up and it eliminated flexibility. She has rolled all those projects into one line item and added about $55,000 as well as $50,000 for professional services. These projects are major maintenance and capital replacement to prolong the life of existing amenities, such as resurfacing a parking lot or sports court, replacing a bridge, upgrading an irrigation system, pool repairs, etc. She offered to email that information to Council tomorrow. 9. MAYOR'S COMMENTS Edmonds City Council Approved Minutes November 12, 2020 Page 10 Mayor Nelson thanked the Council and staff for adapting to the technical challenges and giving up their time on Thursday night. In the future he hoped to be able to hold regular Council meetings on Tuesday nights now that there is a more secure format. Mayor Nelson reported the number one threat facing the city, county, state and the world is COVID and no one is immune to its impacts and effects. The Health District reported 250 new cases since Tuesday. Although the public may be done with the virus, the virus is not done with us. As the numbers exponentially grow and if behaviors do not change, hospitals will fill up and when citizens call 911 and need to go to the hospital for an emergency, there will not be any room. More people will die; drastic steps need to be taken. The governor is considering additional restrictions next week and he [Mayor Nelson] will be watching those closely and considering any and all additional avenues to protect the health and safety of citizens. Sadly, what the community is doing at this point is not enough and the guidance needs to be followed to the T. People have to stop meeting and gathering in large groups and do everything possible because the number of cases continues to get worse. As the governor recommended, he encouraged everyone to have Thanksgiving with the people living in their homes. So many sacrifices have been made and they should not be for naught. He urged the public to stay home when they can, wear masks and observe social distances. [[I�K11000I ROII1u1UMUR Councilmember Paine thanked Mayor Nelson for his comments about COVID; the pandemic is blossoming in ugly ways that are taking people's health and lives in the community. She announced her appointment of Zane Marulitua, formerly an alternate, to the Youth Commission. She urged everyone to stay safe and treat people nicely during this busy time of the year. Councilmember Buckshnis agreed there is a lot of COVID fatigue. She is tired and citizens are tired and anxious. She urged everyone to calm down and wear masks. She looked forward to discussing the budget and planned to meet with Finance Director Turley to discuss questions she has received from citizens. She agreed with being tough with masks and COVID because unfortunately it is not getting better. Councilmember Olson thanked the veterans for their service and the Lions Club for their recognition of flag holidays by installing flags which add to the celebration. The Lions Club flag program, available for a $40 annual fee, supports the Lions' other work. Anyone interested in participating can call (425)778-0974 to place an order. Councilmember Olson reported on the hardhat tour she took of the almost finished Waterfront Center, a spectacular place and something to look forward to. The Center upgraded to Gold LEED certification which was a leap of faith due to the size of the capital project that is not fully funded. It is an opportunity for citizens to live their environmental values of Gold LEED and a green building. She reported on the Solar Champion Program, where a solar panel can be purchased for $1000. Purchases are being matched as a result of a generous donation from Ward Phillips. She suggested keeping the Waterfront Center in mind during end -of -the -year gifting as there is a definite need for funds. Council President Fraley-Monillas thanked Mayor Nelson for the information regarding COVID. She encouraged the public to visit the Snohomish Health District's website to hear what Health Officer Dr. Chris Spitter is saying about COVID. She thanked veterans for their service, commenting both her parents served in WWII and her father-in-law served in WWI and WWII. She also thanked those who gave their lives for our freedom. Councilmember Distelhorst wished service members past and present a Happy Veterans Day. He agreed the COVID numbers are staggering; the governor and health district are using increasingly frustrating language, language one might use with a toddler, because people are not following guidelines. It took eight months for Edmonds to reach 700 COVID cases; 100 cases were added in the first 12 days of November Edmonds City Council Approved Minutes November 12, 2020 Page 11 and based on the Snohomish Health District data, there are now 200 active cases in Edmonds. For those who think cases are elsewhere in Snohomish County, they are not, they are also in Edmonds. It is imperative that everyone change their behavior now. The holidays coming up, everyone wants to see their families. His dad lives'/4 mile away and he has not seen him since March. He urged the public to do their job. Although a day late due to the meeting being rescheduled, Councilmember L. Johnson wished all the veterans a Happy Veterans Day and thanked them for their service. She comes from a long line of military service, both her grandfathers, dad, uncle, and brother served and she has great respect and appreciation for all who have served. As people think about their Thanksgiving plans, she recommended giving thanks to first responders and healthcare workers by staying home, not inviting anyone over, and staying within your bubble. Thanksgiving is a time for thanks, there is much to be thankful for and many are sacrificing greatly. She suggested showing that appreciation by not making their jobs any harder. Beyond Thanksgiving, she urged the public to stay home if they can and when they can't, to wear a mask property and to maintain social distance. Student Representative Roberts thanked veterans and families for their service and sacrifice for the freedom we all enjoy. With regard to the November V election, he highlighted voting statistics for Washington State's 21" legislative district which includes the entire city of Edmonds. As of 3 p.m. November 12"', the Snohomish County Election's Office indicates that 84,400 out of the 103,721 ballots issued were returned, an 81 % return rate. He thanked the citizens of Edmonds for turning out in the election and hoped that return rate would increase in future elections. He urged soon -to -be -eligible voters to register to vote and reminded those who have not yet registered to register before the next election. Citizens must continue to advocate for change and ensure opportunities are equitable for all. We must acknowledge the racism that runs rampant in Edmonds, acknowledge our privilege and examine our core biases and have difficult conversations about race to start social change. With regard to COVID-19, Student Representative Roberts said Snohomish County is now in a third wave. Echoing others' comments, he urged the public to continue wearing masks, stay six feet away from others and make safe choices such as staying home for the holidays, avoiding the risk of passing the virus on to the vulnerable population and doing everything possible to minimize risk. He was tired of the virus and not being able to live normally, but ultimately lives depend on everyone's actions and he urged the public not to be selfish. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:45 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes November 12, 2020 Page 12 and based on the Snolrornish Health District data, there are now 200 active cases in Edmonds. For those who think cases are elsewhere in Snohomish County, they are not, they are also in Edmonds. It is imperative that everyone change their behavior now. The holidays coming up, everyone wants to see their families. IIis clad lives 1/4 mile away and he has not seen him sinee March, Ile urged the public to do their job. Although a day late due to the meeting being rescheduled, Councilmember L. Johnson wished all the veterans a .l lappy Veterans Day and thanked them for their service. She comes from a long line of military service, both her grandfathers, dad, uncle, and brother served and she has great respect and appreciation for all who have served. As people think about their Thanksgiving plans, she recommended giving thanks to first responders and healtheare workers by staying home, not inviting anyone over, and staying within your bubble. Thanksgiving is a time for thanks, there is much to be thankful for and marry are sacrificing greatly. She suggested showing that appreciation by not making; their jobs any harder. Beyond Thanksgiving, .she urged the public to stay home if they can and when they can't, to wear a mask properly and to maintain social distance. Student Representative Roberts thanked veterans and farni lies for their service and sacrifice for the freedom we all enjoy, With regard to the November 3" election, lie highlighted voting statistics for Washington. State's 21" legislative district which includes the entire city of Edmonds. As of 3 p,m. November 12"', the Snohomish County Election's Office indicates that 84,400 out of the 103,721 ballots issued were returned. an 81 % return rate. He thanked the citizens of Edmonds for turning out in the election and hoped that return rate would increase in future elections, He urged soon -to -be -eligible voters to register to vote and reminded those who have not yet registered to register before the next election. Citizens must continue to advocate for change and ensure opportunities are equitable for all. We must acknowledge the racism, that runs rampant in Edmonds, acknowledge our privilege and examine our core biases and have difficult conversations about race to start social change. With regard to COV1D-19. Student Representative Roberts said Snohomish County is now in a third wave. Echoing others' comments, he urged the public to continue wearing; masks, stay six feet away .from others and make safe choices such as staying; home for the holidays, avoiding the risk of passing the virus on to the vulnerable population and doing everything possible to minimize risk. He was tired of the virus and not being able to live normally, but ultimately lives depend on everyone's actions and he urged the public not to be selfish. 11, ADJOURN With no further business, the Council meeting was adjourned at 9:45 p.m. MI iAEL NELSON, MAYOR C1 PAS6CITY Edrncmcls City COUncil Approved Minutes November 12, 202E page 12 ,e Public Comment for 11/10/20 City Council Meeting: From: Elissa Everett Sent: Thursday, November 12, 2020 1:42 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Perrinville Woods development opposition Dear Council Members - I'm writing to voice my strong objection to the Perrinville Woods initiative being voted upon on Tuesday - please reject vacating the city's right of way and rewriting of the streetmap for this development.. It's unfortunate enough that the property is being developed, with what little is left of our green and natural spaces, so let's not denude it by allowing a 4 lane road requiring precious greenery and older growth trees to be hacked down. We have a lovely town here in Edmonds, let's not destroy what makes our land special and unique. Thank you for the consideration, Elissa Everett From: muriel quick Sent: Thursday, November 12, 2020 1:03 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: November 17 council hearing regarding vacation of ROW of 184th St SW in Edmonds proposed development November 12, 2020 Dear Edmonds City Council, We are writing to oppose the vacation of Edmonds ROW between 80th W and Olympic View Drive in the developer's proposed revision of his plan to build at that site. The developer is asking the vacation of the ROW so he can add an additional two homes and is stating the vacation would allow more design flexibility. As longtime home owners in the next cul de sac on 182nd PL SW, we are very familiar with the geological situation of the area. Clearcutting and reshaping the extreme slope of the ROW is Edmonds City Council Approved Minutes November 12, 2020 Page 13 imprudent at best. Once the developer is done, the innocent buyers of those lots and the city will be left to deal with the resulting calamities that will eventually occur due to instability and erosion. Uphill is a major watershed and gravity dictates that water runs downhill. Most certainly landslides are likely. We hope you will say NO to vacating this ROW. Thank you for your consideration. Sincerely, John H. and Muriel A. Quick Edmonds, WA 98026 From: lane O'Dell Sent: Tuesday, November 10, 2020 12:30 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Planning for restoration of the Edmonds Marsh Honorable Members of the Edmonds City Council, I am writing as an Edmonds resident, a relative newcomer after a mere two years, but as a longtime resident of the region I wanted to express my support for and concerns regarding plans to restore Edmonds Marsh as a fully functioning estuary. The Marsh is separated from Puget Sound tidal flows, prevented from supporting fish runs and providing healthy habitat for wildlife, as well as reaching its potential for the education and recreation of the citizens. There is an opportunity to reconnect the Marsh with the salt water tides but it hinges on disposition of a parcel of land adjacent to the Marsh. A year ago it seemed things were moving forward, but resolution of the questions of title and use has been delayed. That is unfortunate, but it does offer an opportunity to direct the resources of the City of Edmonds towards the best outcome. The access to Puget Sound required to restore the estuary cannot be established without crossing the old UNOCAL property adjacent to the Marsh. Washington State Department of Transportation (WSDOT) acquisition of the property remains in limbo, extended by several years and it is still uncertain how WSDOT will proceed on taking title. Their various planning documents do not include a designated use for the property, but WSDOT has said they will not relinquish it without receiving "full market value." In short, there are several dominoes yet to fall before issues of ownership and designated use or reassignment of the property are settled. Edmonds City Council Approved Minutes November 12, 2020 Page 14 2. Within the City of Edmonds' planning for the eventual use of the Marsh, there appear to be conflicting purposes. Although the Marsh is deeded as a wildlife preserve plans for its eventual use by the City continue to reference "storm water drainage" with funds provided through Utilities. While the marsh will act as a natural filter for some storm water, a design based on storm drainage is contrary to achieving the best results for a functioning estuary and wildlife preserve. Moreover, using funds from Utilities is inappropriate for an area that is designated as a wildlife preserve. The City of Edmonds has been proactive on the Marsh, devoting time and money to planning and hiring consultants and contractors for design work and for grant writing. When it appeared that the UNOCAL property might become available by 2020 that was proactive and laudable. However, given the extended timeline, not to mention possible conflicting purposes among City departments, it seems those funds could be better spent on developing a comprehensive plan for the area so that, when the time comes to act, funds are available and the direction is clear. Thank you. Jane B. O'Dell November 10, 2020 Edmonds City Council City Hall Edmonds, Washington RE: Protect the Edmonds Marsh Wildlife Sanctuary and Postpone Funding Stormwater Projects There Dear Council Members: Protection and restoration of the Edmonds Marsh Wildlife Sanctuary requires a comprehensive evaluation of its significant resources; salmon, wildlife, unique marsh vegetative and aquatic resources and water quality and the impacts from surrounding development. As a member of the local community group: Save Our Marsh, I join their efforts to restore and maintain the wellbeing of the wildlife and the environs of the Edmonds Marsh -Estuary. Specifically, I support the letter they submitted earlier today and add the following comments. The proposed budget in the CIP and CFP should not include funds for ad hoc, piecemeal stormwater projects under the guise of protecting the Edmonds Marsh in the absence of a comprehensive evaluation of the Marsh, its environs and the development of a restoration and Edmonds City Council Approved Minutes November 12, 2020 Page 15 protection plan. Until there is a final disposition of the Unocal property these projects are premature, can cause harm and preclude future restoration work. Such funds should be banked or transferred to the City's Marsh Restoration Fund for future restoration of the Estuary once the property ownership is resolved. The Public Works Department is not the proper agency of the City to oversee the restoration of the marsh environs and such work must stop. Restoration will require much more than mere stormwater engineering. Restoration of the Marsh and wildlife habitat is much more than a stormwater project but rather can be a key element for restoring the Edmonds Marsh and establishing a true wildlife sanctuary in the midst of our City. It can be a prime attraction and component of the City's economic development. A better use of the City's time, limited funds and resources is to review and revise the City's Comprehensive Plan which still includes policy and plans for the no longer viable "Edmonds Crossing" project on the old Unocal property adjacent to the Marsh. This can involve all segments of the public in determining the future use of the Unocal property and the restoration of the marsh -estuary wildlife sanctuary. The Marsh is valuable resource area held in trust by the City for the public at large. It is no longer appropriate to treat the Marsh as a stormwater project and confine any planning and use to decisions to only the Public Works Department and WSDOT. The City needs to view the marsh in its entirety and how it functions in conjunction with surrounding areas. For starters, the tide gate should be opened to permit the marsh/estuary to reconnect to Puget Sound. Thank you for your consideration and I look forward to further deliberations about the restoration of the Edmonds Marsh Wildlife Sanctuary. Sincerely, Ronald Eber 50 Pine Street, Unit 204 Edmonds, WA 98020 Edmonds City Council & Planning Board 11/9/2020 121 56h Ave N. Edmonds, WA 98020 council@edmondswa.gov. Michel.Nelson@edmondswa.gov 45 Pine St. #211 Edmonds City Council Approved Minutes November 12, 2020 Page 16 Edmonds, WA 98020 Re: Nov 2020 Edmonds Marsh Dear City Council & Planning Board: 1. WASDOT has decided not to use the Unocal/Chevron Property as Edmonds Crossing Project. Therefore the 'Edmonds Crossing Project/Transportation Hub' should no longer be the description for the Comprehensive Master Plan. 2. 1 urge the City Council to review the Comprehensive Plan and consider the Unocal/Chevron Property as a Marsh Restoration Project vs Edmonds Crossing/Transportation HUB. 3. Although there is a waste water component to the Marsh Restoration, it might be a better fit to be considered a Parks Plan within the Comp Plan. 4. Until the ownership of the Unocal property is finalized, please stop spending any current budgetary funds on the development plans until the Comprehensive Plan is revisited. In conclusion, I join with SOM in the following request: We ask that the Planning Board join us in recommending to the Council that the CIP and CFP be revised to stop staff from spending time and funding to contractors for further design until the Unocal property disposition is known. Further, the CIP and CFP need to be revised to recast Marsh -Estuary Restoration as a PROS Plan project (since the Marsh, deeded as a wildlife reserve, is under Parks) rather than as a storm water project (Fund 422) that would inappropriately use utility tax funds on non -storm water activities. The City should now focus its effort on revising the Comprehensive Plan (which still refers to the defunct "Edmonds Crossing" project) and developing a Master Plan in conjunction with a WSDOT public process to resolve future use of the old Unocal property for an open tidal connection to Puget Sound and enhancement of the Edmonds Marsh Wildlife Sanctuary. Sincerely, Pam Erickson Erickson1840@outlook.com cc: Mayor Mike Nelson & Edmonds City Council Edmonds City Council Approved Minutes November 12, 2020 Page 17 From: Ken Reidy Sent: Tuesday, November 10, 2020 7:04 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Passey, Scott <Scott.Passey@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Hope, Shane <Shane.Hope@edmondswa.gov>; Williams, Phil <Phil.Wllliams@edmondswa.gov>; sharonrice@hearing-examiner.com Subject: Public Comments for November 10, 2020 City Council meeting My Edmonds News has reported that: "The City of Edmonds said Thursday that Edmonds police will no longer, "as a standard practice," file a criminal case for the sole offense of Driving While License Suspended in the Third Degree." A discussion on my Edmonds News has followed that includes the concept of prosecutorial discretion. Please go back and read my Public Comments submitted for the June 9, 2020 City Council Meeting. Those comments start off as follows: "For years I have expressed that City of Edmonds government promotes different rules for different people." Prosecutorial discretion is a fascinating topic. What happens if, while the City of Edmonds is prosecuting something, the City realizes it has a law that is relevant to what the City is prosecuting? Does the City have a duty to disclose that law, or can the City continue prosecuting without informing the party the City is prosecuting against? For example, the attached notes show that the City of Edmonds knew, specific to my building, that: "Setbacks will be grandfathered by Planning if, at minimum, a letter from neighbor states it was there prior to 1981". Despite the City's full knowledge of this law, the City chose to not tell me or Hearing Examiner Sharon Rice about this law. Even when a neighbor provided a declaration made under penalty of perjury on January 30, 2010 that he remembered seeing the entire structure as far back as 1968, the City chose to not tell me or Hearing Examiner Sharon Rice that the City of Edmonds had discussed, specific to my building, that: Edmonds City Council Approved Minutes November 12, 2020 Page 18 "Setbacks will be grandfathered by Planning if, at minimum, a letter from neighbor states it was there prior to 1981". My opinion is that City of Edmonds government has never been interested in voluntarily promoting equity, fairness, and justice for all citizens of Edmonds. Please turn the corner and show a will to voluntarily promote equity, fairness, and justice for all citizens of Edmonds. Please end the practice of different rules for different people. My hope is that elected City officials will choose to take bold action to earn more trust, including addressing historical wrongs. I believe ending the practice of different rules for different people requires courageous, ethical leadership. Edmonds City Council Approved Minutes November 12, 2020 Page 19 < --h kx YfL4�er� hj -t' 4, 17 Y�w 0 a%4 It Hinc 4t,/1 Lev,, ox k"INLR lok tw. vvd� 5ide- *Y.VN*WJ4 pym,,-� 1101t� owe 4 VOIL- Edmonds City Council Approved Minutes November 12, 2020 Page 20