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Cmd120120EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES December 1, 2020 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Adrienne Fraley-Monillas, Council President Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Laura Johnson, Councilmember ALSO PRESENT Brook Roberts, Student Representative CALL TO ORDER/FLAG SALUTE STAFF PRESENT Jim Lawless, Acting Police Chief Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Angie Feser, Parks, Rec. & Cultural Serv. Dir. Jessica Neill Hoyson, HR Director Shannon Burley, Deputy Parks & Recreation Dir. Kernen Lien, Environmental Programs Mgr. Dave Turley, Finance Director Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. LAND ACKNOWLEDGEMENT Council President Fraley-Monillas 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." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Edmonds City Council Approved Minutes December 1, 2020 Page 1 Mayor Nelson invited participants and described the procedures for audience comments. There are also three public hearings on the agenda; Audience Comments are for topics not related to the public hearings. Stephen Hearn, Edmonds, a resident on 3" Avenue South, advised Ralph Adams and others will speak regarding the sewer odor problem in their neighborhood. He attached several years of emails regarding this ongoing issue which the City has not addressed. The City has tried sewer plugs, cleaning wet wells, changing pump schedules, taking readings, but none of that has made a difference and unfortunately, there has not been a long term sustainable solution. In fact, the sewer smell is becoming even worse and now is consistently present in their yard, so much so that they have to go inside, close doors and windows to keep the smell out. In addition to the detrimental impact this was having on their quality of life, he was concerned about potential health and economic impacts. He was confident there was a long term solution to this issue and he asked the Council to act quickly on citizens' behalf. Council President Fraley-Monillas advised a Councilmember is reporting they can see, but not hear the meeting. She suggested a brief recess to contact David Rhode to have him address the issue. Mayor Nelson suggested the Councilmember call in to 253-215-8782. Mr. Taraday advised one of the requirements for holding public meetings in this manner is all Councilmembers need to be able to see and hear each other, particularly hear each other so that issue needs to be resolved before proceeding. Mayor Nelson declared a brief recess. The issue with Councilmember Olson's audio was resolved and the meeting was reconvened. Ralph Adams, Edmonds, a resident on 2" d Avenue South, said for the last several years their neighborhood has become engulfed in noxious sewer gas each afternoon and throughout the evening. Several neighbors indicated to him that they have also been affected and have complained to the City but the problem remains unresolved. He has been told by Public Works personnel that there is an agreement whereby affluent is pumped up from Ronald Sewer District in King County each afternoon to the Edmonds wastewater facility. Apparently the system becomes overwhelmed to the degree where positive pressure pushes sewer gas up to the street level, engulfing the neighborhood in noxious fumes. This is severely impacting the residents of this Edmonds neighborhood in terms of public health, property values and quality of life. The smell is so strong that it is sometimes noticeable inside the house with the windows closed and on more than one occasion, he has been driven away from his property with burning eyes, headache and nausea. His neighbor across street has also indicated that members of his family have complained of symptoms related to long term exposure to sewer gas. He spoke to Public Works Director Phil Williams on November 18"' and there was a discussion about changing the pumping schedule. For the next 2-3 days, the pumping stopped and the smell was abated, confirming that was the cause of the problem. Pumping has resumed along with the daily stench that accompanies it. Mr. Adams relayed his understanding that there were tentative plans to install an odor scrubber near City Park which will draw air from the system and run it through a filter, but that solution appears to be many months away. He questioned whether that project had been funded and when it would be completed. In the meantime, he and his neighbors suffer from the daily stench of sewer odor courtesy of King County. Surely there must be a more immediate solution available. This has a detrimental impact on the health of the residents in the neighborhood, their quality of life and the value of their properties. The neighborhood stinks and the problem seems to be getting worse. He asked the Council to get involved to fix the problem and direct staff to resolve this issue and allocate budget to fix it. In the meantime, he requested short term relief be implemented until a long term solution is in place. Jennifer Baltich, Edmonds, a resident on 2nd Avenue South, spoke regarding the sewer issue. She and her husband purchased their house two months ago and were excited to join the neighborhood but not the sewer smell. Before making an offer on the house, they toured it in the early morning and did not smell the sewer odor. They are very happy with the house but if they had visited the house in the evening and experienced the smell, she was certain that would have influenced their decision to purchase the house. Although they Edmonds City Council Approved Minutes December 1, 2020 Page 2 have not suffered with the issue as long as other neighbors, she wanted to speak regarding the prevalence of the odor in the area. Jim McQueen, Edmonds, a resident on 2nd Avenue South, said he just became aware of the problem this evening and was very concerned that Edmonds was allowing this to happen. He was aware of sewer problems in the past where neighbors had to be sent to a hotel for several evenings. It seemed obvious to him that the line was being overused or had a blockage and that the City needed to take immediate action to reduce the flow, clean the line or other action rather than continuing to use an inadequate line. Tommy Kelly, Edmonds, a resident on 2nd Avenue South, said he moved into the neighborhood two months ago and did not notice the odor when looking at the house. The day after the house closed, they smelled the sewer odor and thought the problem was within the house. After talking with the neighbors and walking around the block, they found the majority of the smell came from the corner of 2nd Avenue and Elm Street. The smell is so bad that their 7-year old son doesn't want to go outside to play in the afternoon. It has become a bigger issue because residents are home 24/7 due to working from home. He was unsure if there was an immediate solution, and assumed the initial solution had been to pump during the day when most residents were not home. It is a public health issue that needs to be resolved or at least an interim fix while a long term fix is identified. It may be as simple as changing the pump schedule or reducing the flow amount. He summarized like his neighbors, they are all very concerned. Neil Tibbott, Edmonds, said he became familiar with the sewage problem on 2nd Avenue South a couple weeks ago as a friend lives on the street and his kids' babysitter used to live on that street. In addition to the odors, he was also concerned about other factors, 1) the neighborhood is very close to Deer Creek and if there were ever an overflow of effluent from the sewer system, it would enter the creek and then the marsh, and 2) this part of the City's infrastructure is obviously overused and is evidence of what can happen when maintenance of the system is neglected. He expressed concern that not enough attention was given to maintaining essential City infrastructure and citizens want transparency with regard to City facilities, the facilities that keep them safe and healthy. As the Council considers the budget, he urged them to prioritize maintenance of the facilities and assure citizens that leaders are paying attention, understand the importance and will prioritize taking care of City systems that protect residents. Heather Maiefski, Edmonds, a resident on Elm Street, relayed the same concern as her neighbors with the sewer odor. They bought their house in 2011 and moved into it in 2013. She did not recall exactly when they noticed the sewer odor, but it has been occurring for several years. She has young children and worries about health effects of these toxic odors. It is also embarrassing to have company over and everyone smells the obnoxious sewer odor. She echoed the comments her neighbors shared, advised she only realized tonight that the neighbors were getting together to express their concerns to the Council so she wanted to join. She had not realized until recently that everyone was smelling the odor. Mike Schularick, Edmonds, a resident on 2,,d Avenue South, said he and his wife are healthcare workers, working on the frontline with COVID. They have lived in their house for three years and have smelled the sewer odor, but it seems to have gotten more pronounced in the last 3-4 months, possibly because use of the sewer has increased because people are staying home. He and his wife both wear PPE at work to protect themselves and others, but the City is not doing its part to protect citizens or neighbors from the sewer fumes. He said it was easy to provide online sources that indicate sewer gases are toxic and noxious. Their two-year old and the neighbors' kids refuse to go outside to play when the smells waft through the area. It is particularly difficult with COVID that their child cannot go outside to play. He expressed appreciation for all that Councilmembers do for the community and asked that this be addressed as soon as possible. Julie Pusztai, Edmonds, a resident on 2nd Avenue South, said they live further north on the street so they do not experience the profound smell in their yard but walking in that direction during those times, it is Edmonds City Council Approved Minutes December 1, 2020 Page 3 absolutely overwhelming. There is a constant more subtle smell further down their street by the mailboxes as well as a constant, faint sewer smell at the north end of City Park by the condominiums on 3`d Street. She was uncertain those were related but assumed they were; more areas than just their street are impacted and Deer Creek runs behind their house. The sewer odor is a concern for the wellbeing of the community, beyond just their street given that there are odors near the park as well. Lillie Compte, Edmonds, a resident on 3d Avenue South since 1998 and previously on Bella Coola Road, said Edmonds often has a sewer stench. On a warm day in the summer when the breeze blows up the hill, there is an odor. Something changed in the last nine months and the smell is unbearable. She often knocks on sewer plant's door and in the past they passed out plugs to plug the sewer holes but that is no longer done. Something definitely changed in last 9-12 months and the smell is overwhelming and unbelievably bad. She did not know about this effort and received a letter in the mail saying it would be taken care of which placated her as a neighbor. She was disheartened and disappointed to learn it was not being taken care of. She begged the Council to support their small neighborhood. If it wasn't for COVID and the parks were open, people in the park would have been complaining about the overwhelming smell. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 6. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-MONILLAS, TO APPROVE THE CONSENT AGENDA. As she stated last week, Councilmember K. Johnson recused herself from the vote on Item 3, A Resolution to Recommend Suspending the Issuance of Driving While License Suspended in the Third Degree. MOTION CARRIED UNANIMOUSLY, COUNCILMEMBER K. JOHNSON RECUSED HERSELF FROM THE VOTE ON ITEM 3. The agenda items approved are as follows: 1. APPROVAL OF CLAIM AND PAYROLL CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 2. EDMONDS DOWNTOWN ALLIANCE 2021 WORK PLAN AND BUDGET 3. A RESOLUTION TO RECOMMEND SUSPENDING THE ISSUANCE OF DRIVING WHILE LICENSE SUSPENDED IN THE THIRD DEGREE 7. PUBLIC HEARINGS 1. PRESENTATION AND PUBLIC HEARING OF THE PROPOSED 2021-2026 CAPITAL IMPROVEMENTS PROGRAM/CAPITAL FACILITIES PLAN City Engineer Rob English advised Public Works Director Phil Williams; Parks, Recreation and Cultural Services Director Angie Feser; and Deputy Parks, Recreation and Cultural Services Director Shannon Burley were also present. He 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. Mr, English provided a summary of CIP fund numbers and the department managing each fund: Fund Description Department GF Building Maintenance Public Works Edmonds City Council Approved Minutes December 1, 2020 Page 4 112 Street Construction Public Works 125 Capital Projects Fund REET 2 Parks & Recreation/Public Works 126 Special Capital/Parks Acquisition REET 1 Parks & Recreation/Public Works 332 Parks -Construction Grant Funding) Parks & Recreation 421 Water Projects Public Works 422 Storm Projects Public Works 423 Sewer Projects Public Works 423 Wastewater Treatment Plant Public Works Mr. English referenced the column in the CIP that lists the decision package number. He reviewed the following: Public Works & Utilities • 2020 Pavement Preservation 0 4.7 lane miles o $1.OM project cost • 2020 — Sidewalk Projects o Dayton St. (7th Ave - 8th Ave) ■ #1 priority Short Walkway 2015 Transportation Plan — Funded by State grant o Walnut St. (3rd Ave — 4th Ave) ■ 43 priority Short Walkway 2015 Transportation Plan — Completed by City concrete crew — Funded by State grant • 2020 — Highway 99 Revitalization Project o Design Phase ■ 2.25 miles of landscaped center median/c-curb for vehicle safety * HAWK Signal to improve pedestrian safety ■ Gateway Signs 112 Street Capital Fund o 2021 Projects: ■ *Pavement Preservation Program (Cons) DP468 ■ 76th/220th Intersection Improvements (Design) DP#69 ■ *76th Ave Overlay Project (Design) DP#70 ■ *Hwy 99 Revitalization Project (Design/ROW) DP#72 • Citywide Bicycle Improvements (Design) DP#73 ■ *Citywide Pedestrian Crossing Project (Cons) DP#74 *Received REET Contribution Transportation — 125 REET Fund o 2021 Projects: ■ Pavement Preservation Program (Cons) DP#68 ■ Pedestrian Safety Program (Cons) DP#75 ■ Traffic Signal Upgrades (Cons) DP#76 ■ Sidewalk Capital & Maintenance Program (Cons) DP#77 — Continues City concrete crew Transportation — 126 REET Fund o 2021 Projects: ■ Elm Way Walkway (Design) DP#58 — 6`" priority on short walkway list ■ 76th Ave Overlay (Design) DP#70 ■ Hwy 99 Revitalization Project (Design/ROW) DP#72 Edmonds City Council Approved Minutes December 1, 2020 Page 5 • Citywide Pedestrian Crossing Project (Cons) DP#74 ■ Guardrail Installation (Cons) DP#78 * Traffic Calming (Cons) DP#79 Utilities — Sewer, Water & Storm • 2020 — Dayton St. Utility Improvement Project 0 3,950 ft watermain replacement 0 3,990 ft storm pipe replacement 0 1,990 ft sewer pipe replacement 0 1,930 ft sewer pipe rehabilitation o New pavement section 2020 — Utility Replacement Programs 0 3,990 ft waterline replacement 0 1,580 ft storm pipe replacement 0 2,360 ft sewermain replacement 0 3,540 ft sewermain rehab • 2020 Dayton St. Stormwater Pump Station 0 4,233 gpm pump capacity o $2.1M project cost o Funded by: * State Grant ■ County Loan ■ Stormwater Funds o Installed 2 pumps in new structure to pump stormwater during high tides to reduce flooding at Dayton & SR 104 0 Utility Funds — 2021 Projects o Water Utility: ■ 2022 Waterline Replacement Program (Design) DP#47 ■ Overlay 0.7 lane miles affected by waterline replacements DP#48 * 2021 Watermain Replacement 6,200 ft (Cons) DP#51 o Storm Utility ■ Stormwater Comprehensive Plan Update DP#42 * 2021 Storm pipe replacement 2,360 ft (Cons) DP#53 * 2022 Storm pipe replacement (Design) DP#54 ■ 175th St. Slope Repair (Design) DP455 ■ Edmonds Marsh Estuary Restoration Related Projects DP#56,61,62 ■ Overlay 0.25 lane miles affected by storm replacements DP#57 ■ Seaview Phase 2 Infiltration Facility DP#59 ■ Perrinville Creek Flow Management Projects DP#60 o Sewer Utility * 2021 sewermain replacement program 2,000 ft (Cons) DP#63 * Lake Ballinger Sewer Trunk Study DP#64 ■ Overlay 0.1 lane miles affected by sewermain replacements DP#65 ■ 3,000 ft of sewer pipe rehabilitation by cured -in place pipe method DP#66 ■ 2022 sewermain replacement (Design) DP#67 o WWTP • $26,121,000 Gasification System to replace our incinerator. Will reduce energy consumption, reduce carbon emissions, and reduce operational costs. Negotiated contract for delivery as an ESCO DP#43 • Started Trials of a new Nitrogen removal system to improve water quality in Puget Sound Edmonds City Council Approved Minutes December 1, 2020 Page 6 Parks, Recreation and Cultural Services Director Angie Feser explained the department's selection and prioritization are founded in the 2016 Parks, Recreation & Open Space Plan (PROS): • Collaborative efforts to meet recreation and cultural needs ■ Interconnected park system that includes cultural identity and natural environment • Preserve and expand shoreline ■ Natural resource land for habitat conservation, recreation & environmental education • Promote a healthy, active and engaged community through recreation • Provide an engaged and vibrant community through arts and cultural opportunities • High quality maintenance of parks and related amenities Ms. Feser reviewed: Parks 2021-2026 CIP/CFP Priorities • Methodology o Finish big projects ■ Waterfront Redevelopment ■ Civic Park o Maintain Current Assets • Playground ■ Trails and bridges ■ Athletic fields ■ Greenhouse replacement o Prepare for future large projects ■ Marsh restoration ■ Marina Beach Park ■ 4"' Avenue Cultural Corridor ■ Land acquisition • Parks CIP/CFP 2019 & 2020 o Waterfront Redevelopment — in progress • Parks CIP 2019 & 2020 o Yost Pool Repairs — complete ■ Pool deck grates, CO2 injector and pool cover ■ Parks CIP 2020 o Marina Beach Park Design / Grant — complete • Designed to 30% ■ Two grant applications submitted — Scored #1 for ALEA ($500,000) — Scored #19 of 80 for Local Parks ($500,000) ■ Total Project $5M ■ Willow Creek Daylighting / Supporting Marsh Restoration o City Park Walkway — in progress o Gateway sign — in progress • Parks CIP/CFP 2019-2020 o Civic Park (Funds 125, 126, 332) • DP #82 ■ $12.1 M split between 2021 & 2022 ■ Design Complete • Permit Review Complete ■ Re -bid in January 2021 ■ Ground Breaking Spring 2021 • 16 Months to Complete ■ Funding Sources: Edmonds City Council Approved Minutes December 1, 2020 Page 7 - $3.47M in Grant Funding - $3.7M Bonds - $1.35M Park Impact Fee's - $1.38M REET Funding - $1.86 GF Carryforward - $400K Donations * Parks CIP 2021 o Greenhouse Replacement (Fund 136 & 125) ■ DP#80 ■ $50,000 Fund 136 (Parks Trust) R $50,000 Fund 125 (BEET) o Park Improvement & Capital Replacement Program (Fund 125) a Life -cycle major maintenance to prolong usage and/or increase capacity: - Resurfacing - Replacement - Upgrading ■ DP#81 ■ $155,000 Annually o Park Land and Open Space Acquisition Program (Fund 126) R $700,000 Reserved R $200,000 from previous years & $500,000 in 2021 R Programmed $200,000 per year in future years o Fishing Pier Repair (Fund 332) ■ DP#83 $54,425 Carryforward • Funds from WDFW ■ Bid Spring 2020 ■ New plan for spring/summer 2021 ■ Parks CIP 2022-2026 o Future Improvements: ■ Civic Park Continuation in 2022 ■ Marina Beach Design & Construction R 4th Avenue Cultural Corridor • Park Land and Open Space Acquisition Program • Marsh Estuary Restoration (Willow Creek Daylighting) • Waterfront Walkway Connection - Ebb Tide Section ■ Trail Development ■ Sports Field/Playground Partnership Mr. English reviewed: • CIP/CFP Schedule o July is 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 R Planning Board; Public Hearing (November 12th) it City Council Presentation (November 12th) Edmonds City Council Approved Minutes December 1, 2020 Page 8 City Council Public Hearing (December 1 st) ■ Adopt CFP w/ Budget into the Comprehensive Plan Mayor Nelson opened the public hearing. Joe Scordino, Edmonds, speaking on behalf of Save Our Marsh community group, said the group previously submitted letters about the marsh restoration project in the draft CFP and today send the Council a follow-up letter with specific recommendations for changes to the 2021 CFP. Specifically, the group urges the Council to delete the marsh restoration related projects on pages 63 and 64 of the draft CFP. It is a disservice to the public and taxpayers to have CFP suggest any estuary restoration costs in plans until the disposition of the old Unocal property is resolved. There is no way of knowing costs or how the project might be structured. Further, the draft CFP puts the marsh restoration project incorrectly under a stormwater heading, further basis for totally deleting that project. Once the Unocal property issue is resolved, a new marsh restoration project could be placed in a future CFP, perhaps in 2022 or 2023 under a parks heading since the marsh is a wildlife reserve not a storm basin. The Save Our Marsh group acknowledges stormwater related projects are needed to preserve the Edmonds Marsh such as removing stormwater pollutants that drain directly into the marsh from SR 104 and Harbor Square. Save Our Marsh suggests after deleting the current projects on pages 63 and 64 of the CFP, the Council consider a stormwater project at significant less cost and a suggested description of this project was provided in the letter the group submitted to Council today. He thanked the Council in advance for getting the marsh restoration project back on track to actually benefit salmon, wildlife and future generations of Edmonds citizens. Hearing no further comment, Mayor Nelson closed the public hearing. Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question during their turn. Councilmember Olson [portion of her comment was inaudible] post office property as one of the abatement opportunities for dealing with the stormwater runoff into Perrinville Creek; she offered information she obtained from PCC on that subject. She was unaware of what the City would have access to do on the post office property, but with the amount of concrete in that location, it seems like an opportunity. Mr. Williams suggested she repeat the beginning of her comment. Councilmember Olson said it was in regard to DP #60 and whether a stormwater collection and storage tank similar to the one at PCC could be incorporated into that project. Mr. Williams answered staff has looked at that site and has approached the post office, but it is very difficult to get answers from the federal government. There is some flat area there and if they would agree to allow the City to construct a vault under the parking lot, a significant amount of stormwater could be directed to the vault, delaying entry into Perrinville Creek. He agreed it was a location for possible project and others have also been identified in the Perrinville basin. The Seaview project that is currently underway, also in the Perrinville basin, includes distributed and cluster rain gardens. Councilmember Olson suggested it may be less expensive to do an above ground storage tank like PCC's. Mr. Williams said most property owners, whether the federal government or a successor, would likely not want the interference that would represent to development of the property. He could easily see a vault under a paved area which would be easy for the City to maintain. All the projects in recent years have been underground. Councilmember Olson said she was glad staff was thinking about that. Council President Fraley-Monillas recalled discussions about curb cuts and the $30-40 million cost to be in compliance, commenting she did not see much of that work in 2021. Mr. Williams answered the cost was $146 million; a lot of the transportation projects will include curb ramps as ADA compliance in general is a huge part of any project. In addition, as private properties are redeveloped, depending on the location and the project, they also contribute to the inventory of compliant walkways and curb ramps. The City's Edmonds City Council Approved Minutes December 1, 2020 Page 9 concrete crew is also repairing existing sidewalks as well as building new short sidewalk segments. Any long sidewalk segment is unlikely to be done inhouse; staff seeks grant funding for those such as Safe Routes to Schools or other state funds that can be matched with local dollars such as gas tax. He summarized a lot has been accomplished in 2020 and a lot will be done in 2021. Council President Fraley-Monillas relayed her understanding of Mr. Williams' response that a lot of the ADA improvements will be done via redevelopment or other transportation projects, not specifically to provide ADA accessibility. Mr. Williams said that requires funding. The sidewalk crew is included in the budget and there is a request for additional funding primarily for concrete which he hoped the Council would approve. As much as possible is being done inhouse as well as transportation projects to improve deficits over time. Councilmember Distelhorst asked Ms. Feser if she received his questions yesterday via email. Ms. Feser answered she did not. Councilmember Distelhorst asked where potential local funds come from if the marsh is in Parks and grants for the marsh require local match, whether it would it be from the General Fund. He also asked whether the local match come from utility rate funds if the marsh was in Public Works. Ms. Feser answered City match for those grants could be park impact fees, REET, General Fund or other grants. Mr. Williams said the answer was the same for Public Works, a grant can be used to match -another grant. In the end, there will be local funding and both Parks and Public Works would use REET funds to match grants. As the entire system handles a tremendous amount of urban runoff, it is appropriate for stormwater to be involved in projects that will accomplish better stormwater management and treatment. He saw stormwater as a player in matching grants for the marsh restoration. Ms. Feser added it is important to have the marsh project identification and allocation in the adopted CFP and CIP in order to be eligible for grant applicants. Even if the funding is not secured, those projects must be in the CFP and CIP. Mr. Williams said stormwater fund cannot be used for everything related to the marsh; for example stormwater would not be appropriate to match grants for redoing Marina Park or plantings on the edge of marsh. Stormwater would be involved in solving the hydrologic problems that the marsh has represented over time; the daylighting project is probably the best example where stormwater could play a significant role. Councilmember Buckshnis said she plans to have the Salmon Recovery Council speak to the Council next year as a lot of opportunities are not being addressed related to salmon recovery. She referred to a Q&A on the decision package related to non -departmental regarding the City making the bond payment for Civic from Fund 126. She asked if there was a debt service fund, recalling there were plans to develop a policy. She was concerned making the bond payment from Fund 126 might limit funding available for potential purchases, noting Fund 125 and 126 were drawn down by work on the Waterfront Center. She asked if there was a dedicated fund prior to this year. Mayor Nelson advised Finance Director Dave Turley was not present to answer that question. With regard to funding for the marsh, COUncilmember Olson said after talking to people who have historically been involved in decision about funding, it seemed to her what would make sense was to have some in Public Works for the things related to stormwater and more in Parks so that the Parks Director was not supervising Public Works jobs and vice versa. She referred to past Planning Board minutes where a staff member said it had historically been in multiple funds in different areas, but that had been criticized so it was consolidated into one place. Now citizens are saying most of it should be in Parks. Mr. Williams said stormwater has a significant role, primarily the daylighting of Willow Creek and Public Works has been working on that for over decade. That is the hydrologic piece which is the most expensive part of the overall restoration. The daylighting project, solving the hydrologic piece and creating a daylighted, open channel to Puget Sound, may be two-thirds to three -fourths of the cost of the overall marsh Edmonds City Council Approved Minutes December 1, 2020 Page 10 estuary restoration project. Ms. Feser added there is a lot of technical expertise found in Public Works that is not found in Parks related to this project. To have funding in Public Works, for example for the daylighting of Willow Creek, is important. The money can be put in the Parks column, but Parks will rely on Public Works to help with that work. Parks will definitely play a role in some of the Parks components such as environmental education, public access, etc., but it all goes hand -in -hand. Ms. Feser pointed out there will be numerous grant sources for that project including federal and state; some could be led by Parks and some by Public Works depending on the nature of the grant application and the related work. This is a very complex project that requires a team approach. Mr. Williams anticipated private foundation support as well as possibly federal grants. It will be interesting to see how the new federal administration embraces estuary restoration and how much funding they will make available as that came to a screeching halt a few years ago. In terms of this year's budget, CFP and CIP, Councilmember Olson asked where the $450,000 carryover which is unlikely to be used this year because the land transfer will not happen, will be placed and how does that correlate with the Save Our March group's recommendation. Mr. Williams responded the $450,000 was a carryover from the 2020 budget that was not spent because the land ownership issue prevented the project from proceeding into a more detailed design, new alignment, etc. The thought was to carry that forward as placeholder and wait to see what happens in 2021. In recent meetings with Ecology, it appears Ecology is getting closer to the point of having a final cleanup action plan in place and may even make an announcement in the first couple months of next year. It would then go out for public comment and Ecology would develop a final cleanup action plan possibly by mid -year 2021. How much longer it would take depends on what is in the action plan. Some of the things they are looking at may be relatively straightforward. Recognizing the site is approximately 98% cleaned up based on volume or total contaminants, additional work may not be necessary depending on the future land use. From Edmonds' perspective, the future land use should be habitat and restoring the Edmonds Marsh and not development or commercial use of the property. If that is the case, there may be opportunities to get started much more quickly than anticipated, it could even happen in 2021. When applying for grants, it is good to show there is money in the budget set aside for a project. Grant applications always ask if funds are set aside for a match and to pursue the project. Councilmember Olson asked once the funds are in the budget, does staff come back to Council before the funds are spent. Mr. Williams answered of course; not a penny would be spent without getting explicit Council approval regarding how would be spent to further marsh restoration. The proposal is to include the funds as a placeholder, see what happens in 2021 and if there is an opportunity to get started, staff will come back to Council and describe the opportunity and the cost. Council President Fraley-Monillas said she was uncomfortable with the Council determining which department should/shouldn't do work and asked if that was the Council's responsibility. Mr. Taraday answered it depends, a decision regarding how to fund something and which funding sources to use for a project is certainly an appropriate endeavor for the City Council. Assigning certain staff to do particularly things would not be appropriate. Councilmember L. Johnson commented the marsh is part of the overall watershed hydrological function. Public Works currently oversees stormwater management and restoration of areas like Lake Ballinger, Perrinville Creek and other key areas. It makes sense that Public Works would be directly involved in overseeing marsh function as well. She had difficulty with the thought of separating it from Public Works because it seems appropriate that Public Works would be directly involved. Councilmember Buckshnis disagreed, pointing out marsh restoration has been in Parks Fund 125, 126 and 332 for years. When Parks Director Carrie Hite left, it was moved to Fund 422 which is paid via utility rates Edmonds City Council Approved Minutes December 1, 2020 Page 11 which were increased by 9.5% last year. She reiterated her plans to have the Salmon Recovery Council talk to the Council. This is a very complex project, Public Works runs the project but funding goes through the RCO process. Combining the Marina Beach project and showing salmon recovery from Puget Sound into the marsh, it becomes a holistic project which is basically what Save Our Marsh is saying. There is no reason to include a dollar amount because that is unknown. She referred to comments she made last year when the project was included in stormwater. She agreed things like sediment were related to stormwater, but she did not support a cost of $17 million for the marsh restoration because the cost was unknown. The Council controls the budget and fund numbers; she offered to review information with any Councilmember. As Ms. Feser stated, there need to be placeholders in the different funds. There are millions available in state and federal grants for salmon recovery via RCO or PROS Plan, not stormwater. Councilmember Paine relayed her understanding that the Edmonds Marsh estuary restoration Fund 017 could be accessed by Public Works for the stormwater projects as well as Parks and could be used to store funds. Mr. Williams said that is probably generally correct, the only restriction is that stormwater finds, which is an enterprise fund, need to fund things related to stormwater needs and priorities. If the work that will eventually be done with that funding meets that criteria, it could be included in a project fund like the rnarsh fund or any other fund for a capital project as long as money goes toward things that are eligible for stormwater expenditures. Whoever provides funding will want to know how their funds will be used in the project and that has to be tracked. Whether it is stormwater, the 332 fund or the 017 fund is what the City does from an accounting standpoint and is not the key issue. 2. PUBLIC HEARING ON ORDINANCE #4200 ESTABLISHING A MORATORIUM ON SUBDIVISION APPLICATIONS Environment Program Manager Kernen Lien explained the Council adopted Ordinance 4200 on November 2" which established a 4-month moratorium on the acceptance of any subdivision applications for properties that contained 8 or more significant trees per 10,000 square feet of lot area. Significant tree was defined as a tree with an 8-inch diameter. Pursuant to state law, when the City Council adopts a moratorium, they must hold a public hearing within 60 days of the adoption of the ordinance. Ordinance 4200 set the public hearing for December I". No later than the next regular Council meeting immediately following the hearing, the Council shall adopt findings on the subject of the moratorium and either justify its continued imposition or cancel the moratorium. There are two public hearings tonight, the first is on the moratorium and the other is regarding corresponding code changes. Both the moratorium and code changes were done to allow the City adequate time to complete the tree code update that is currently underway. Mayor Nelson opened public hearing. Eric Thuesen, Edmonds, a general contractor, builder and land developer, said he has reviewed all the information regarding the moratorium. There is a track of education that comes from staff to the Planning Board and eventually to City Council. A lot of information has to be provided to make decision like this, to have a moratorium, what is being done with land, lots and trees so it will be supported by public. He was surprised to learn that no survey was done, recalling surveys were often done after the work was done and find that the public did not support it. Not enough information has been provided by planning staff. He realized planning staff s limitations, they are not aware of all the disciplines involved in developing land. No information regarding the best tree science has been provided to show how much area is need to protect a tree based on diameter. Mr. Lien provided some site plans, identifying what land would usually be taken trp in development process by impermeable areas, water, sewer, etc. However, he failed to mention when developing an RM (residential multiple) property, nearly all the land is taken up including the setback after the storm drainage system is included. That is important to understanding the survivability of a tree. He did not support the moratorium as a lot more work needed to be done and more time was necessary for it to be successful. He encouraged the planning department to seek assistance from the other disciplines who know Edmonds City Council Approved Minutes December 1, 2020 Page 12 exactly what happens when a property is developed, what land is available and whether the trees will survive. He summarized several cities have tried this including Lynnwood and they have given up. Andy Ball, Edmonds, explained he is a property owner who would like to remove trees on his property, something he has been planning since he purchased the property two years ago. He lives in the house, is not a developer and has no plans to develop. He does not have 8 significant trees per 10,000 square feet on his lot, yet he is being told he cannot take trees down. Apparently his lot is subdividable, but he is not applying to subdivide and does not have 8 significant trees per 10,000 square feet. He did not understand why he not able to take the trees down. He has planning to take down the trees for a long time, it is very expensive and he finally has the money to do it and now is being told he cannot. He has been talking with the City for over a year about removing the trees and now he is not allowed to proceed. The trees he would like to take down are fairly close to his house and are in the middle of his yard. He asked why he was not able to take down the trees. Hearing no further comment, Mayor Nelson closed the public hearing Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question during their turn. Councilmember Buckshnis asked if the moratorium affected a property that is zoned single family and over 10,000 square feet. Mr. Lien answered Mr. Ball's comments were actually related to the second public hearing. Ordinance 4201 includes two zoning code changes, one related to information on a subdivision application and the other related to exemptions from tree cutting permits. Before Ordinance 4200 was passed, developed single family properties that were not subdividable into more than one additional lot and had no critical areas were exempt from permitting requirements. With the adoption of Ordinance 4201, the subdividable portion was removed so in order to be exempt, it must be a developed single family property that is not subdividable. In Mr. Ball's case, there is no critical area, but there is enough area to subdivide the property so he does not fall under the exemption. If the trees were hazard trees, they could be removed under the exemption, but if they are not hazard trees, Ordinance 4201 removed the exemption for developed single family properties that are subdividable. As Mayor Nelson began to move onto the next agenda item, Councilmember Buckshnis raised a point of order, whether the Council needed to take action. Mr. Taraday said a resolution needs to be prepared that supports the moratorium if that is the Council's direction. Unless the Council expressed otherwise, he assumed the Council wanted resolutions prepared related to Ordinances 4200 and 4201 to justify the continuance of the moratorium and the interim regulations. Those resolutions are not in the packet and will be prepared for the next regular meeting. Councilmember Paine raised a point of order, asking if the Council should discuss findings of fact after the public hearings. Mr. Taraday said unless the Council wanted to give specific direction regarding particular findings of fact that they would like to find, he will work with staff to draft a resolution to incorporate the appropriate finding of fact, put them on a future meeting agenda, and Council could amend if they saw fit. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO CONTINUE THE MORATORIUM ORDINANCE 4200 AND DIRECT THE ATTORNEY AND STAFF TO DRAFT FINDINGS OF FACT FOR A FUTURE MEETING. UPON ROLL CALL, MOTION CARRIED (5-1), COUNCILMEMBERS DISTELHORST, BUCKSHNIS, OLSON, PAINE AND L. JOHNSON VOTING YES; COUNCIL PRESIDENT FRALEY-MONILLAS VOTING NO, AND NO RESPONSE FROM COUNCILMEMBER K. JOHNSON. Edmonds City Council Approved Minutes December 1, 2020 Page 13 PUBLIC HEARING ON ORDINANCE #4201 ESTABLISHING EMERGENCY REGULATIONS TO ACCOMPANY THE SUBDIVISION MORATORIUM Environment Program Manager Kernen Lien explained this is the accompanying ordinance. There are two parts to the ordinance, 1) requiring information on a complete application for a subdivision to determine whether a property met the density requirement for trees (8 significant trees on a 10,000 square foot lot), and 2) the change to the exemptions. He explained the exemption was changed because if a site was exempt under the existing exemptions, the existing trees could be cut down and then an application for a subdivision submitted and not meet the density requirements. To Mr. Ball's comment, while that property no longer meets the exemption, he could either apply for a tree cutting permit or if the trees were documented as hazard trees, they could be removed. Councilmember Distelhorst raised a point of order and requested staff reach out to Councilmember K. Johnson to ensure she was okay. Mayor Nelson declared a brief recess. Mayor Nelson advised Councilmember K. Johnson was unreachable by phone so he contacted Acting Chief Lawless to have officers do a welfare check. Mayor Nelson opened the public hearing. Andy Ball, Edmonds, relayed his understanding that he needs to contact Mr. Lien about the process for applying for a permit to take the trees down. He asked if the trees were allowed to be taken down, permitted or not, during the moratorium. He said this is an infringement on his property rights. He bought the home two years ago and the difficulty to take trees down would have influenced his decision. He summarized the permitting process for someone like him may be cost prohibitive and that is not right. Hearing no further public comment, Mayor Nelson closed the public hearing. With regard to Mr. Ball's inquiry, Councilmember Olson asked for confirmation that the moratorium ordinance and this ordinance were four months in duration. Mr. Lien confirmed they were both four month ordinances. When the moratorium sunsets and the new tree code is in place, Councilmember Olson asked if someone in Mr. Ball's circumstance, a private citizen who does not intend to subdivide, would be restricted under the new tree code, assuming it was approved in its draft from, in the same way he was restricted by the moratorium. Mr. Lien said the exemption in the draft tree code for developed single family properties was modified similar to Ordinance 4201 for similar reasons. The draft tree code is applicable to subdivisions, short subdivisions, and multifamily and other properties are not exempt from the tree code. The exemption was modified to apply to developed single family properties that were not subdividable. If the draft tree code is approved in its current form, it will have the same impact on Mr. Ball's property. The permitting process would be changed under the draft tree code. A tree cutting permit is currently a Type II decision which is $1000 plus application fee; in the draft tree code it would be a Type I decision which is a $300 permit application. He summarized the exemption would still apply but the permitting process would be different if the draft tree code were adopted in its current form. Councilmember Olson observed a private citizen who does not intend to subdivide will still be affected. Mr. Lien answered yes, under the draft tree code. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE WITH THE MORATORIUM BECAUSE IT IS STILL IN THE PUBLIC INTEREST TO MAINTAIN THE MORATORIUM FOR THE FULL FOUR MONTHS AND/OR UNTIL WE HAVE ESTABLISHED A NEW TREE CODE. Council President Fraley-Monillas said she did not support the ordinance due to her concerns about slowing up housing. She understood this could affect private property, single family and multifamily homes and she Edmonds City Council Approved Minutes December 1, 2020 Page 14 did not believe it was in the public's interest to shut down development across Edmonds when there were initially concerns about one area. Mayor Nelson announced Councilmember K. Johnson had returned to the meeting. MOTION CARRIED (6-1), COUNCIL PRESIDENT FRALEY-MONILLAS VOTING NO. 8. NEW BUSINESS 1. MODIFICATIONS TO THE CONTINGENT LOAN AGREEMENT WITH THE EDMONDS PUBLIC FACILITIES DISTRICT Finance Director Dave Turley explained in 2008, the Edmonds Public Facilities District (PFD) issued $4,000,000 of Sales Tax Obligation and Refunding Bonds. In 2018 in order to take advantage of lower interest rates, the PFD refinanced these bonds by issuing a Note to First Financial Northwest Bank (FFNWB). The PFD and the City signed a Contingent Loan Agreement (CLA) whereby the City agreed to purchase Certificates of Deposit which FFNWB would then hold as collateral for the note between the PFD and FFNWB. Due to the pandemic, the ECA has been unable to host performances, meetings and events in their facility since early March 2020 which has had a devastating financial impact to the organization. They have responded by laying off more than 50% of their staff, and reducing all remaining staff members' hours by 50%. Despite these actions, they continue to face an operating deficit and cash flow challenge. To assist with their cash flow problems, The PFD asked FFNWB for a modification to their loan agreement, where the PFD defer their December 31, 2020 principal payment to December 31, 2021, and extend the maturity date for the loan out for one additional year to 2029. Mr. Turley explained as the City is a party to the loan agreement, two motions are needed in order to move forward with the loan modification. First, authorizing the Mayor to sign the second amendment to the CLA as updated and included in the packet and second, pass an ordinance authorizing the amendments to documents related to extending the maturity of the promissory note. Council President Fraley-Monillas, Council liaison to the PFD, said she has been following this very closely and it is needed to keep the ECA alive. The ECA has had some success with fundraising, but not enough to keep moving forward as usual. As Mr. Turley mentioned, they have laid off a great majority of their staff and cut all staffs hours. Some small events are occurring occasionally but there is very little activity. Extending the loan does not cost the City anything and she encouraged Council to support the ECA as it is an integral part of the City. Councilmember Olson commented this is a great opportunity and she thanked FFNWB for offering this. She hoped people who were in a similar predicament with their mortgages and businesses who need financial assistance would pursue something similar. This is a lifeline for the ECA and she will support it. Councilmember Buckshnis expressed support. She asked Mr. McIalwain to explain the mathematics, relaying some people asked her if the PFD planned to double up on principal payments or extend the loan a year. Executive Director Joe McIalwain explained the 2020 principal payment will be added to the end of the term. The loan is structured so the interest charged each year is only charged on the remaining principal. Unlike a bond issue where interest payments stay equal or grow over time, in this case the interest payment greatly diminishes at the end of the term. In the final year, the PFD would only pay approximately $20,000 or less in interest, which is the total cost to the PFD for the loan modification. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AUTHORIZE THE MAYOR TO SIGN THE SECOND AMENDMENT TO THE Edmonds City Council Approved Minutes December 1, 2020 Page 15 CONTINGENT LOAN AGREEMENT AS UPDATED AND INCLUDED IN THE PACKET TONIGHT. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO PASS AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS TO CERTAIN DOCUMENTS IN CONNECTION WITH EXTENDING THE MATURITY OF A PROMISSORY NOTE ISSUED BY THE EDMONDS PUBLIC FACILITIES DISTRICT TO FIRST FINANCIAL NORTHWEST BANK; AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH; AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. MOTION CARRIED UNANIMOUSLY. 2. INTENT TO CONFIRM MUNICIPAL JUDGE APPOINTMENT HR Director Jessica Neill Hoyson explained this is a resolution of intent to confirm the municipal judge appointment. The City has gone through a recruitment process including interviews with Council and Mayor Nelson has indicated his intent to appoint Whitney Rivera. The actual appointment cannot be made until the judicial seat is vacated by the current judge. The resolution confirms the Council's approval of the intent to confirm; confirmation will occur at the January 12"' meeting on Consent and Ms. Rivera will be sworn in. Councilmember K. Johnson asked why the confirmation would be done on January 12"' instead of the first meeting in January. Ms. Neill Hoyson answered the position is not vacated until January 10"' which is Judge Coburn's last official day as the judge. The conformation will occur at the next meeting, January 12". Ms. Neill Hoyson advised "November" in the resolved statement will be changed to December. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO APPROVE RESOLUTION NO. 1461, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, EXPRESSING INTENT TO CONFIRM THE MAYOR'S APPOINTMENT OF WHITNEY RIVERA AS THE CITY'S MUNICIPAL COURT JUDGE, WHICH POSITION IS EXPECTED TO BECOME VACANT ON JANUARY 11, 2021, WHEN JUDGE COBURN'S RESIGNATION BECOMES EFFECTIVE. MOTION CARRIED UNANIMOUSLY. 3. FINANCE DIRECTOR CONFIRMATION OF APPOINTMENT HR Director Jessica Neill Hoyson advised the City conducted a recruitment process, Council interviewed three candidates and provided feedback to Mayor Nelson. Mayor Nelson selected Dave Turley for appointment. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO APPROVE THE APPOINTMENT OF DAVE TURLEY. MOTION CARRIED UNANIMOUSLY. 9. UNFINISHED BUSINESS 1. EMERGENCY ORDINANCE PROVIDING MAYOR TEMPORARY AUTHORITY TO USE TOOLS TO ADDRESS ECONOMIC EMERGENCY Development Services Director Shane Hope advised this subject was discussed this at a prior City Council meeting and some of the specifics were reviewed. The discussion revolved around the City dealing with COVID since February and different things that evolve over time including significant economic impacts. Sometimes there are surprises that require quick decisions and possibly suspension of procedural matters. An emergency ordinance to suspend certain code titles was introduced at the Council's last meeting. During Edmonds City Council Approved Minutes December 1, 2020 Page 16 discussion, there was interest in revisiting this tool to allow suspension if needed during COVID, strictly related to economic crises, in a timely manner by the Mayor. Ms. Hope explained the revised ordinance reduced the number of affected titles in an attempt to be as narrow as possible but still recognizing things that may need quick action and may not need to go through a full code process in an emergency situation. Instead of the nine titles included in the original version of the ordinance, there are only five titles, and even though the whereas clauses address economic crises and COVID, language was added to the body of the ordinance. The 30 day notice to Council in the original ordinance of any suspension or waiver of code seconds was changed to a 5 day maximum notification. If the Council approves the ordinance, it can be repealed or changed at any time. The ordinance sunsets after 90 days and is intended to be an emergency interim response to provide Mayor Nelson with tools in the event they are needed. The tools may not be needed, but this ordinance was proposed to be on safe side. Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question during their turn. Councilmember Distelhorst asked if staff could address the questions he emailed yesterday. Ms. Hope suggested he remind her of the questions. Councilmember Distelhorst said he will find them and ask in the next round. Councilmember Buckshnis said she would also locate the questions she emailed to staff. Councilmember Olson said she felt very strongly that there was more than enough technology at the Council's disposal and more than enough willingness among Councilmembers to meet on an emergency basis to move forward anything should be moved forward. Staff and the Mayor are in the best position to know what those things are, but there is a lot of value for things to come to Council for that actual approval, the checks and balances of the different arms of government. The Council has responsibility for how money is spent whether they delegate that authority now to say the Mayor can take action without involving the Council or whether the Council hears and weighs in. To the point of being there for the businesses and citizens, she assured the Council was full committed, willing and able. She supported having specifics presented to Council; it takes four Councilmembers to have a quorum and hold an emergency meeting and take action. The codes that would be waived in the ordinance were put in place by past Councils or this Council so it should be the Council that decides whether they are waived and under what circumstances. Councilmember K. Johnson made the following statement: "I strongly oppose granting the mayor legislative powers during the COVID-19 pandemic. I am opposed because it is un-American, it puts too much power into one individual and finally because the mayor may ask but can only gain these powers if the Council grants him the powers. Americans have elections every four years to select our president, governors and mayors, all of which are the chief executive officer of their political jurisdiction. This is our treasured American way of governing. It does not matter that Mayor Nelson wants these powers or that Council President Fraley-Monillas agrees with him. The mayor does not have a vote and the council president only has one vote. It would require four votes to reassign Council authority to the mayor and five votes to enact an emergency ordinance. I ask each councilmember to consider your oath of office and continue to do your duty to the City of Edmonds. We should not shirk our duty or give away our powers to make it easier for the mayor to run the city. The mayor's job is to execute the laws and regulations of the city. The council's job is to legislate polices, regulation and make all financial decisions. The municipal judge's job is to interpret and carry out the law. Together these represent the balance of powers which our founding fathers felt were essential to our American form of democracy. Edmonds City Council Approved Minutes December 1, 2020 Page 17 I urge citizens and business owners to write to the city council or provide testimony at the Tuesday City Council to share your opinion. Send your emails to council@edmondswa.gov. I think that the city council has demonstrated that we can meet with the mayor any time and any day at his request to solve problems related to the COVID-19 pandemic. What I hope we are unwillingly to do is abdicate our roles and responsibilities as the legislative branch of the Edmonds city government." Councilmember L. Johnson said given the language in the ordinance, passing the ordinance would ordain the Council as unable to be nimble and flexible enough to act expediently in a time of emergency. She referred to the narrative of the Council being limited to moving at a tempo that is best suited to actions such as welcome sign design deliberations, kind of a bureaucratic equivalent of a slow waltz. The fact is, in the early days of the pandemic, the Council demonstrated its ability to quick -step when called on in a time of crisis, convening and acting within a matter of days, not the weeks or months stated in the agenda memo. That willingness to serve at a moment's notice has not changed. Councilmember Distelhorst said he was very supportive of many of the steps the City was taking including the streateries ordinance which he hoped would return to Council as soon as possible so there were no gaps in outdoor dining for businesses who were able to partake. Since August, the Recovery Taskforce has been meeting monthly so if Mr. Doherty would like to reinstate weekly meetings, he was more than happy to attend weekly meetings with the City's directors to ensure everything was happening in a nimble fashion. He thanked the business owners that he spoke with over the past week, many of them supplying specific examples of things that would help them. He passed those suggestions on to Mayor Nelson; some are outside the realm of the City's authority such as federal funding and grants the City does not have but others, like today's announcement about the City providing compostable containers was a specific request he heard from businesses and he was very supportive of the City taking those actions. He remains dedicated to working collaborative in the best interests of the City and using the energy to get positive benefits for residents and business owners. Councilmember Buckshnis thanked business owners in many areas including downtown, Perrinville and Highway 99 who spoke to her, noting she was surprised to learn some were not aware of the proposed emergency ordinance. She continues to be committed to the City and business owners and believed the Council could pivot on a dime and do what needs to be done. The special event permit is currently in place and she did not know why some businesses would not just do pop tents knowing the streateries ordinance was coming. Like Councilmember L. Johnson said, the Council did a quick -step, meeting on a Sunday to pass ordinance 6.60, an emergency ordinance that still needs to come back to Council, which contains sufficient powers for the Mayor. Council President Fraley-Monillas said she would support the ordinance for the same reasons she stated last week, recognizing it would be a 6-1 vote. She also met with business owners and firmly believed this temporary, 90-day ordinance for COVID-related issues was not harmful to the Council process, but will acquiesce to the other six Councilmembers' wishes. Councilmember Paine said an emergency ordinance is best when it is specific regarding what needs to be addressed as well as limited in scope. The entire Council has expressed interest and desire to do what they can and provide information to the Administration in response to this health crisis. No one has a crystal ball; the measures that the planning department is putting into place are really the right steps and those will come to Council fairly quickly. She looked forward to seeing those as soon as possible. She expressed appreciation for all the work that has been done to be as flexible and creative as possible in addressing the problem, particularly related to compostables which are better for the environment. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED TO APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, SUSPENDING CERTAIN CITY CODES THAT Edmonds City Council Approved Minutes December 1, 2020 Page 18 COULD HAMPER THE CITY'S EMERGENCY ECONOMIC RESPONSE, AUTHORIZING THE MAYOR TO USE PUBLIC RIGHTS -OF -WAY AND OTHER PUBLIC REAL PROPERTY TO SUPPORT THE CITY'S EMERGENCY ECONOMIC RESPONSE, DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS ORDINANCE, AND ESTABLISHING A SUNSET CLAUSE. MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO SET THIS ASIDE INDEFINITELY Council President Fraley-Monillas raised a point of order, asking how could something be set aside indefinitely if there was no motion on the floor. Mr. Taraday agreed, advising subsidiary motions are typically applied to a main motion that is pending and in this case, there is no motion pending. COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION. 2. BUDGET DELIBERATION AND OPPORTUNITY TO DISCUSS CHANGES TO THE PROPOSED BUDGET Finance Director Dave Turley advised this is Council's opportunity to propose and discuss changes to the preliminary budget. Mayor Nelson advised Council questions would be taken in a round robin format with Councilmembers asking one question during their turn. Councilmember Paine restated the following amendment: Include in the budget a 3-year long term temporary position for the purpose of working on a code rewrite of the land use code, a long standing project for the Council. The cost is $140,000 for the first year and would be funded from the ending fund balance Council President Fraley-Monillas requested when Councilmembers were referring to specific decision packages, they describe the item and not just provide the decision package number. Councilmember Buckshnis thanked the approximately 10 citizens who contacted her and said their questions are summarized on packet pages 357 - 359. She referred to the question she asked above when Mr. Turley was not present regarding Fund 126 on page 57, paying the Civic Field bond from Fund 126, noting utility bonds are paid by utility rates. She was concerned that paying the Civic Field bond from Fund 126 would hinder the ability to purchase property using funds in Fund 126. Mr. Turley answered there were 2-3 different reason this was done. There is a debt service fund, the utility bond payments are transferred out of the utility fund into a debt service fund to make the bond payment. With regard to Civic Field bonds, the principal and interest came from the General Fund last year. That was changed for policy reasons and there are a few reasons to make the payments out of the REET fund. First, as a general rule, capital projects should not be paid for out of the General Fund if at all possible. Streets are funded from the General Fund, but things like parks or buildings should not be funded with General Fund money if at all possible. Second, it is always better policy to use restricted funds before unrestricted funds. REET funds are designed to pay for something like Civic Field, so it makes more sense for that to be the source of the funds that go into the debt service fund. Third, every year Parks and Public Works negotiates how to spend BEET funds; if $275,000 in Civic Field bond payments are paid out of the General Fund, it is not as transparent as having it come out of the REET fund. For example, if REET funds are divided 50150 between Parks and Public Works, the amount paid from the General Fund would need to be included. Councilmember Buckshnis asked if Marina Beach was paid out of Fund 126. Ms. Feser answered the Marina Beach bond is paid out of Fund 126; there are four things paid out of Fund 126 related to park Edmonds City Council Approved Minutes December 1, 2020 Page 19 bonds. Mr. Turley summarized it makes more sense to pay for Civic Field out of REET instead of the General Fund. Councilmember Olson suggest decreasing the human service program by $25,000 and add that to the support of the senior center. The justification is this returns the level of support to 2020 levels. In 2020 the senior center has experienced a surge in the provision of free services and a grossly diminished revenue stream from paid services. This is an identified need in the community that the senior center is already positioned to respond to and is responding to as their finances allow. These social services are better provided by the entity that has been providing them in the past rather than a not -yet -defined new social services department. Councilmember L. Johnson asked if amendments that had already been submitted needed to be officially announced or were they worked into the budget. Mr. Turley said the process is up to the Council. At some point all the proposals need to be outlined and voted on individually. it is up to the Council whether to discuss them tonight. He could summarize everything discussed tonight so they could easily be voted on next week or the Council could vote tonight. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO EXTEND FOR 15 MINUTES TO 10:13 P.M. Councilmember K. Johnson suggested that will not get the Council far, an extension should be for an hour. Council President Fraley-Monillas suggested continuing to outline decision package changes until 10:15 p.m. and following committee meetings next week, have a meeting to discuss the budget. If the Council has not heard everyone's decision packages or changes to the budget by tonight, it will be difficult to discuss them in future. Councilmember Paine raised a point of order, that Council President Fraley-Monillas' comments were not related to the motion. Mayor Nelson allowed Council President Fraley-Monillas to finish briefly. Council President Fraley-Monillas suggested a two-hour hour block on the Council agenda next week after committee meetings to work on the budget. Councilmember Buckshnis said she still has people contacting her and she will not be able to have all her decision packages in tonight. She agreed all the decision packages needed to be submitted before the Council began voting. If the intent was to submit all the decision packages tonight, the meeting would be much longer than 10:15 p.m. She is helping a lot citizens get through the Q&A process. She suggested Councilmembers ask questions tonight and block out time at next week's meeting. MOTION CARRIED UNANIMOUSLY. Mayor Nelson suggested the Council continue introducing amendments. Councilmember Paine provided her second amendment: Fund the PROS Plan update to allow the City to be eligible for RCO grants for the purpose of the Park & Recreation programs and land acquisition projects. The cost is $120,000 for the next year and would be funded from ending fund balance. Councilmember Buckshnis suggested having the amendments on the screen like has been done in the past so citizens can see them. With regard to the police body cam project, she asked why there were no funds in the budget for the project. Acting Chief Lawless said an agreement has been worked out with vendor for a pilot project to secure equipment and software and evaluate during the testing process. The City of Everett's pilot project took about six months to determine what level of equipment needed to be issued to officers Edmonds City Council Approved Minutes December 1, 2020 Page 20 and just as important, the staff time required to adhere to storage requirements and redaction issues. Not knowing exactly what will be involved in the pilot project, an amount cannot be determined. The vendor, whom the City uses for other services, is working with staff to evaluate the need in order to provide an appropriate request. Mayor Nelson asked if the City was being charged by the vendor. Chief Lawless answered not for the body - worn camera project; they are utilized for other equipment within the department that can integrate with the body cameras. Councilmember Olson asked if she made a proposal about vehicle replacement DP #45 last week. Mayor Nelson advised she had. If the Council plans to set aside two hours at the next meeting to identify all the decision packages, Councilmember K. Johnson said they need to be in a spreadsheet or some format this week in order to include them in the Council packet. She asked when they needed to be submitted and who did they need to be submitted to. Mr. Turley answered he planned to relisten to the Council meetings and put everything that sounded like a proposal in a summary that would be included in the packet for next week, making it easy to review each proposal. Councilmember K. Johnson said Mr. Turley had not heard any of her proposals and asked how she should provide them to him. Mr. Turley suggested that was being done tonight. Councilmember K. Johnson noted there was only eight minutes remaining for Councilmembers to introduce their amendments. Council President Fraley-Monillas suggested emailing them. Mr. Turley requested Councilmember email amendments to him by tomorrow afternoon. Councilmember Buckshnis said she will not be able to get all her information to Mr. Turley by tomorrow. She just got her questions answered and is still getting discussion topics from citizens. Mr. Turley said to be included in the packet, amendments need to be submitted to him by Thursday morning at the very latest. Anything sent to him after that can be added to the summary for the Council meeting next Tuesday, but it will not be in the Council packet. Mayor Nelson summarized if Councilmembers wanted their proposals included in the packet, the cutoff was Thursday morning; after Thursday, the proposals could be included in the summary Tuesday night but would not be in the agenda packet. Councilmember Buckshnis observed Councilmembers were to provide the decision packages and rational and copy Councilmembers and the Mayor if they were unable to submit them to Mr. Turley by Thursday morning. Councilmember K. Johnson said she would not be able to get all her information to Mr. Turley by tomorrow, but could provide it in time for the Council meeting and will copy all Councilmembers and Mr. Turley. Councilmember Olson referred to the essential point made by Mr. Tibbott at last week's meeting as well as today about deferred facilities maintenance. She suggested Councilmembers look at the amounts identified for the human services department; besides the $25,000 she suggested be moved to the senior center, the amount set aside for the new department including the half-time existing program manager is still approximately $500,000. She wondered whether in such a tight budget year and without having a full plan, funding a full-time social worker plus the program manager at approximately $150,000 and increasing that by $100,0004200,00 totaling $250,000-$350,000 would be sufficient. Budgeting $500,000 seems like a very large amount as a portion of the total budget. She asked Councilmembers to think about that during the coming week. Council President Fraley-Monillas asked the Council to look at the original notes about building maintenance estimates. She attended that meeting and heard exactly what the company who did the facilities assessment said. She recalled very little work needed to be done soon; the assessment included a plan for Edmonds City Council Approved Minutes December 1, 2020 Page 21 the next 10-15 years. She suggested looking at the report prepared by that outside consultant before speaking about the urgency of building maintenance as there were some misnomers quoted about building maintenance. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXTEND TO 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Olson asked where to find that report and what it was called. Council President Fraley- Monillas suggested asking Mr. Williams. Mr. Williams offered to email the report to Council. For Councilmember Buckshnis, Mr. Williams advised the report was prepared by McKinstry. He offered to provide a summary as well as the report. Councilmember Buckshnis said a citizen had provided her that report. Mayor Nelson summarized there will be two-hour agenda item next week. Councilmembers can submit amendments to Mr. Turley by Thursday morning for inclusion in the packet; otherwise they will be summarized at the Council meeting. He urged Councilmembers not to submit amendments Tuesday at 5 p.m. 10. MAYOR'S COMMENTS Mayor Nelson said due to the significant responsibilities of the Police Chief position, due diligence is being conducted. He hoped to announce his appointment later this week. 11. COUNCIL COMMENTS Councilmember Buckshnis hoped everyone had great Thanksgiving and she looked forward to next year. Councilmember K. Johnson assured all the businesses in the City that the Council supports them and will do their very best to work with them. She has been a member of the Chamber of Commerce since 2011 and joined because she does not have a business background and wanted to keep in touch with the businesses. She supports the businesses and pledged to work with them and the Mayor to do whatever possible to make them successful. Councilmember Olson said her message was similar to Councilmember K. Johnson's, the proposal brought to the forefront how important it is that the Council do what it can to support business owners as well as the City's economic base which are very intertwined. She is not very far removed from business, her own business and her affiliation with her husband's brick and mortar in the past. [The first part of this comment was inaudible] staff and Mayor to be able to do what they want without involving Council is for sure a fact, but it doesn't have to be faster and it definitely is not better. The job of the executive is to follow and enforce the laws and she personally felt it was reckless for the Council to hand over their role to make, alter and suspend City law that this and past Councils have put in place. There is important and valuable judgment and oversight from the body of the Council and having those applied to the waivers that arise as a system of checks and balances on the executive branch is good business for a government. She assured it was not at all personal and had nothing to do with this Mayor, it was about good government. The Council is willing and able to do their part to move things forward on an emergency basis, knowing that time is money and sometimes a day or two can make a difference. Council President Fraley-Monillas said good government moves to help out citizens and businesses and the people connected to the City. She referred to a letter in the papers by Councilmember K. Johnson that definitely took some difficult swings at the Mayor and her because they believed they were standing forward for the citizens of Edmonds. She thought there had been some acknowledgement that going to the papers Edmonds City Council Approved Minutes December 1, 2020 Page 22 was not a good way to communicate with each other. She found it perhaps immature in nature and expressed concern with the statement that the Council could stop what they were doing and meet. Council President Fraley-Monillas said there are problems with doing that when a Councilmember can only meet two day a week and the last time an emergency meeting was scheduled on the second day of the week, they did not show up. She was disturbed that a Councilmember used the media to undermine her and others. She did not think that was where the Council wanted to go with its interactions but said perhaps she was in error. Councilmember L. Johnson thanked the many citizens who have reach out with their concerns. Over the past week there have been a lot of them and it takes time to respond to emails but she greatly appreciated them. She expressed her deep appreciation to the small business owners who took the time to share their struggles and needs with her. She reiterated her ongoing commitment to meet and act with expedience to help assist the small business community, specifically brick and mortar businesses who are bearing the brunt of the financial fallout from the ongoing crisis. She urged the public to stay home if they can, social distance and please wear a mask. Councilmember Distelhorst announced The Washington State Department of Health launched WA Notify yesterday. The public can enroll in the tracking system and turn on notification if they have had a potential exposure. It is quick to do, takes approximately 30 seconds. Like Councilmember L. Johnson said, please stay home. When the county was in full lockdown in March, the peak was 129 cases/100,000 residents in Snohomish County. The current rate is 368/100,000 residents, almost 3 times the rate when in full lockdown. Everyone needs to stay home; get takeout and support local businesses but go home and not hang out without a mask because that is not safe and your neighbors, businesses and the City will suffer. Two weeks ago there were about 180 active cases in Edmonds; there are now about 400, more than double in 2 weeks. He urged everyone to take this seriously because the higher the numbers go, the more restrictions will be put on busines and on cities and the more everyone will suffer. Councilmember Paine expressed appreciation to the multitude of people who have taken time out of their day to write to the Council, noting the information is coming in hot and fast. With regard to the neighborhood on 2" d Avenue with the odor issue; she heard about it a couple months ago and made some inquiries. She hoped to find a way to resolve that issue in the coming year, noting an odor issue is inescapable particularly when staying at home. Being outside provides an opportunity to air out your thoughts and check on your mood. When going outside it is important to stay physically distanced from neighbors and always wearing a mask even outside. She installed WA Notify on her phone; that is important but it is after the fact. She suggested the City look at options for residents to go outside and walk around, it is mood lifter and something physical that people can do. She agreed with other Councilmembers, stay home, and if going out, get takeout and go home. Student Representative Roberts hoped everyone had a safe and enjoyable Thanksgiving. The Youth Commission has an opening; he urged youth to apply or for adults to encourage an interested student to apply. As the holiday season continues, it is crucial to wear masks, socially distance ourselves and stay home if possible, and download the WA Notify app. Moving into 2021 does not mean the virus will somehow disappear. He has seen too many people in person and over social media blatantly ignoring the guidelines set forth by the governor and the CDC which is the reason for the third wave. He encouraged the public to make wise choices and to be aware how their individual actions affect the most vulnerable population of the City and struggling businesses. Edmonds City Council Approved Minutes December 1, 2020 Page 23 12. ADJOURN With no further business, the Council meeting was adjourned at 10:24 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes December 1, 2020 Page 24 12. ADJOURN With no further business, the Council meeting was adjourned at 10:24 p.m. MI C HAEL NELSON, MAYOR PASSEY, CITY CLERK Edmonds City Council Approved Minutes December 1, 2020 t'mgc 24 :.�; �; .: rr :;: Public Comment for 12/1/20 Council Meeting: From: stephen hearn Sent: Tuesday, December 1, 2020 5:27 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: 1140 3rd Avenue South - sewer order problem Good evening Edmonds City Council, My name is Stephen Hearn and I reside at 1140 3rd Avenue South in Edmonds. I know Ralph Adams and several other of my neighbors will be speaking tonight about the sewer odor problem in our area. I've attached several years worth of communication I've had with the city to try and resolve this manner. Sewer plugs, cleaning wet wells, changing pumping schedules, taking reading have NOT made a difference. Unfortunately, there's never be a long term, sustainable solution. In fact, the sewer smell is becoming even worse and is now consistently present when we are in our yard. So much so that we have to go inside, shut our doors and windows to keep the smell out. This is not only having a detrimental impact on our quality of life, but we are getting concerned it may have potential health/economic impacts for our family. I'm confident there is a long term solution to this very real issue and I'm asking the council to act quickly on their citizens behalf. From: Ken Reidy Sent: Tuesday, December 1, 2020 5:17 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Public Comments for Public Hearing on Ordinance 4201 The motion made and seconded related to what became Ordinance 4201 failed 4-2. Please make full disclosure to the public that Ordinance 4201 was not properly adopted. When the vote on the emergency declaration related to Ordinance 4201 failed 4-2, a new motion could have been made to pass the Moratorium just as a regular Ordinance. That didn't happen. Edmonds City Council Approved Minutes December 1, 2020 Page 25 City Council may want to start over and see if somebody wants to make a motion that does not declare an emergency. The meeting minutes clearly indicate that all thought that an emergency ordinance had just been passed. Nobody pointed out that 5 votes were required. Also - Ordinance 4201 contains an incorrect RCW reference related to referendums. If Council tries again, please correct in any future ordinances adopted. In general, it would also be best if our emergency Ordinances indicated in the first 2-3 words of the Ordinance Title whether an ordinance is an Emergency Ordinance or not. Some Emergency Ordinances do, others don't, which makes it very hard to search our Ordinance table for emergency Ordinances. Thank you. From: Ken Reidy Sent: Tuesday, December 1, 2020 5:14 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Nelson, Michael < Michael. Nelson @edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Public Comments for Public Hearing on Ordinance 4200 The motion made and seconded related to what became Ordinance 4200 failed 4-3. Please make full disclosure to the public that Ordinance 4200 was not properly adopted. When the vote on the emergency declaration related to Ordinance 4200 failed 4-3, a new motion could have been made to pass the Moratorium just as a regular Ordinance. That didn't happen. City Council may want to start over and see if somebody wants to make a motion that does not declare an emergency. Also - Ordinance 4200 contains an incorrect RCW reference related to referendums. If Council tries again, please correct in any future ordinances adopted. In general, it would also be best if our emergency Ordinances indicated in the first 2-3 words of the Ordinance Title whether an ordinance is an Emergency Ordinance or not. Some Emergency Ordinances do, others don't, which makes it very hard to search our Ordinance table for emergency Ordinances. Thank you. Edmonds City Council Approved Minutes December 1, 2020 Page 26 From: Ken Reidy Sent: Tuesday, December 1, 2020 5:00 PM 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>; Lien, Kernen <Kernen. Lien@edmondswa.gov> Subject: Public Comments for December 1, 2020 City Council meeting Please budget funds to return funds to Westgate Chapel related to the following: History shows that City of Edmonds government chose to act contrary to the City's Street Vacation laws and charge Westgate Chapel $92,610 PLUS make Westgate Chapel grant multiple easements to 3rd parties. City Staff and the City Attorney subsequently initiated a legislative effort to change our street vacation laws, a legislative effort that I believe needs to be investigated. City of Edmonds government chose to charge Westgate Chapel $92,610 PLUS made Westgate Chapel grant multiple easements to 3rd parties even after I stated the following during the November 1, 2016 Public Hearing: 1. "Why should an applicant have to pay for and provide an appraisal with the application BEFORE the City Council has even discussed granting the petition and/or whether or not to require compensation? Perhaps the applicant should be REIMBURSED for this expense." 2. "1 strongly support NOT charging the applicant $92,610 related to this street vacation. I think it would be WRONG to do so." 3. "Why charge the property owner now when staff has FOUND that the vacation of those same easement rights is in the PUBLIC INTEREST?" 4. "Please treat this applicant fairly. The vacation is already in the PUBLIC INTEREST and that should be PLENTY without the need for $92,610 more." 5. "Conditions include the provision of easements to Olympic View Water and Sewer District as well as to other vague, unidentified entities. I'M NOT SURE WHY WE ARE DOING IT THIS WAY instead of just simply following State law by the City itself RETAINING an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services?" Edmonds City Council Approved Minutes December 1, 2020 Page 27 Regarding item 1 above, my request that the applicant be reimbursed for the appraisal expense was reasonable considering Ordinance No. 3647. Ordinance No. 3647 deducted the cost of the related appraisal ($3,750) from the compensation required. Why was Westgate Chapel treated differently? The approved November 1, 2016 City Council Meeting Minutes show that not one citizen showed up to the Public Hearing to ask City Council to charge a penny of compensation for this street vacation, let alone the full tilt price of $92,610. Furthermore, not one citizen showed up to support requiring Westgate Chapel to grant easements to third parties. As such, why did City Council charge Westgate Chapel $92,610 PLUS make Westgate Chapel grant multiple easements to 3rd parties? ECDC 20.70.140.A.3. clearly says that it is Either:OR. Edmonds City Government had no legal right to require BOTH —the law is clearly Either:OR. Making all of this even worse, efforts have been made from outside the legislative branch of our City Government to remove the Either:OR law from our Code. The Either:OR law reflects the legislative intent of the elected officials who adopted it. The people from outside the legislative branch of our City Government tried this even though Planning Board recommended keeping the Either:OR law. Contrary to the Planning Board's recommendation and previously adopted POLICY, City Staff recommended an amendment to City Code allowing City Council to require BOTH monetary compensation AND the retention of easements (i.e. utility easements) as conditions to a Street Vacation. The current City Code allows Either compensation: OR the retention of easements. City Staff and the City Attorney are NOT our Policy Makers. As such, why did they recommend action different than what Policy Makers previously adopted and different than what the Planning Board recommended? Please review the following comments made by City Attorney Jeff Taraday during the August 14, 2019 Planning Board Meeting. His comments relate to another proposed amendment, doubling of compensation in certain situations, but I think the comments provide a window into one view of the fundamental purpose of local government: Taraday - 1:23:10 mark of Planning Board Meeting: "I represent the City of Edmonds. I'm here to advance the interest of the City of Edmonds, not individual property owners." Taraday - 1:23:18 mark of Planning Board Meeting: "So, if I see that State Law allows the City of Edmonds to collect more money for a street vacation than it is currently collecting, it is my job as the City Attorney to make that option available to the Policy Makers and let them decide Edmonds City Council Approved Minutes December 1, 2020 Page 28 whether they want to adopt that into their Code or not .... but we are leaving money on the table right now...that is the bottom line. Now, Policy Makers may decide that it is good to leave money on the table — that's a policy decision — but I'm telling you we are leaving money on the table. So, I feel an obligation to bring that forward and let the Policy Makers make a decision about whether that is a good thing or not." PLEASE NOTE: Policy Makers already decided long ago what were good things. State Law has not changed, yet the City Attorney and City Staff recommended changes. Again, please appreciate, we do not elect the City Attorney or City Staff to make Policy. Just think of the good Westgate Chapel could have done with their $92,610 plus all the money they had to spend preparing the multiple 3rd Party easements required by City of Edmonds Government, etc. Westgate Chapel Emergency Services is wholly funded by donations of the Westgate Chapel family and the greater Edmonds, Washington community and is a member of the Snohomish County Food Bank Coalition which is made up of twenty food banks in our county. Westgate Chapel Emergency Services is a 501(c)(3) nonprofit organization. Each week Westgate Chapel Emergency Services operates a food and clothing bank for the less fortunate in the greater Edmonds community. The food Westgate Chapel Emergency Services distributes is donated by Northwest Harvest, Food Lifeline and the United States Federal Commodities Program. In addition, food, clothing and household items are donated by the Westgate Chapel congregation and the greater Edmonds community. Westgate Chapel Emergency Services also purchases food when donations are not enough. In addition to food and clothing, Westgate Chapel Emergency Services also provides some financial assistance, gasoline and community transit vouchers for appointments or job searches and/or grocery vouchers for specialized needs. I find it disingenuous that Edmonds City Government would profess care for the elderly, infirm and lower -income residents and households after what the City Government did to Westgate Chapel. Westgate Chapel has been aiding those less fortunate for decades. Westgate Chapel did not need to create a NEW "Community and Economic Relief Fund". Westgate Chapel had its first worship service on June 7, 1959 and has been providing relief in our community for decades! Thank you. From: Bill Phipps Sent: Tuesday, December 1, 2020 3:24 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov>; Citizens Planning Board <citizens-planning@edmondswa.gov>; Lien, Kernen <Kernen. Lien @edmondswa.gov>; Feser, Edmonds City Council Approved Minutes December 1, 2020 Page 29 Angie <Angie.Feser@edmondswa.gov> Subject: Moratorium on Subdivision Applications Greetings Edmonds City Council! I'm submitting a public comment on the moratorium on subdivision applications. I know I am speaking for thousands of Edmonds residents when I say: I wish there was a permanent ban on subdivision applications. Isn't the City nearly built out already? Someone said we are 95% built out, is that correct? Isn't that enough? When is enough enough? Once our last remaining open spaces and pocket forests are gone, they are gone for good. We need those open spaces more than we need more subdivisions. I propose the City acquire all remaining undeveloped lots/parcels in the City and turn them into public parks. Now that would be in the "public interest" ! If you insist on developing every last square foot of undeveloped land in Edmonds, we at least need a strong and meaningful Tree Code. As the draft Tree Code is currently written, only 30% of trees on undeveloped lots would be saved. It doesn't take into account the 70% of trees that will be lost on these parcels. It also doesn't take into account the trees on already developed lots, Shouldn't the trees on developed lots get some protections as well ? Please see my e-mail that I sent to you (cc'd) on October 14, 2020 for more on the Tree Code. If we are going to "maintain or enhance" our forest canopy, as stated in the Urban Forest Management Plan, we are going to need a stronger Tree Code. It's simple math. If we allow 70 % of the trees to be cut on new subdivisions and we continue to let property owners cut as many trees as they want on developed lots, how are we ever going to "maintain or enhance" our urban forest canopy? The math just doesn't add up. We need to think along the lines of tree replacement. We recognize housing pressures and property rights. But we still need to replace all those trees that we are losing. In my neighborhood, we just lost 6 large conifer trees on two different properties in the last two weeks. Even with a strong Tree Code those losses would be permissible. Neither of those folks are replanting conifer trees. The City should require tree plantings for every tree lost to development or property rights. We should truly show a commitment to our urban forest by instituting a massive tree planting program. Edmonds City Council Approved Minutes December 1, 2020 Page 30 Our mantra should be: New trees planted for every tree lost . For any reason, any place, at any time; new trees should be planted for every tree lost. Thank you for your time; Bill Phipps Edmonds resident From: Joan Bloom Sent: Tuesday, December 1, 2020 3:06 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public hearing on Ordinance #4201 Establishing a Moratorium on subdivision applications Council, I support this moratorium for reasons too numerous to list, and not enough time to list them. Suffice to say that this is an important moratorium and I fully support it. I would have preferred a 6 month moratorium, but 4 months will have to do. Regards, Joan Bloom From: Joan Bloom Sent: Tuesday, December 1, 2020 2:57 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public hearing CFP/CIP Council, I agree completely with Save Our Marsh. Please consider the following changes in the CFP/CIP: (1) DELETE the "Edmonds Marsh Estuary Restoration Related Projects" from the 2021-2026 CFP/CIP. (2) Remove the Edmonds Marsh from a "Storm Water" heading, and place it instead in "Parks" or a new "Habitat Restoration" heading. (3) Consider adding a new project "Stormwater retrofits and pollution abatement for Edmonds Marsh conservation". Edmonds City Council Approved Minutes December 1, 2020 Page 31 All of these changes are necessary for the future restoration of the Marsh. These changes will also ensure that restoration will be as cost effective as possible for the taxpayers of Edmonds. Thank you for your consideration. Regards, Joan Bloom From: Joan Bloom Sent: Tuesday, December 1, 2020 2:40 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: "Emergency Ordinance Providing Mayor Temporary Authority to use tools to address Economic Emergency" Council, The title of this agenda item should be "Emergency Ordinance Providing Mayor Temporary Authority to SUSPEND CODE to address Economic Emergency", as the ordinance does not simply allow the office of the Mayor to "use tools." Please do not grant emergency authority to the Mayor to suspend code, titles 8 (Traffic), Title 17 (General Zoning), Title 18 (Public Works Requirements), Title 19 (Building Codes), Title 20 (Review Criteria and Procedures). I agree with Councilmember Kristiana Johnson's 11-30-2020 letter to MyEdmondsNews. Council is the legislative body and can be consulted quickly when needed. The executive branch, ie: office of the Mayor, is responsible for enforcing code, and should not be given the authority to suspend code, even on a temporary basis. I also agree with Gerald Bernstein, MD, in his 11-30-2020 letter to MyEdmondsNews. Dr. Bernstein said: "We have a system of checks and balances for a reason; that reason is we do not want one person to be in complete control of our government. The city council should unanimously and unequivocally refuse to abdicate their authority to the mayor for any period of time." Regards, Joan Bloom From: Save Our Marsh Sent: Tuesday, December 1, 2020 12:37 PM Edmonds City Council Approved Minutes December 1, 2020 Page 32 To: Council <Council@edmondswa.gov>; Public Comment (Council) < pub Iiccomments@edmondswa.gov> Subject: Public Hearing on CFP/CIP Attached is a Save Our Marsh letter regarding the City Council's "Public Hearing on the Proposed 2021- 2026 Capital Improvements Program/Capital Facilities Plan" tonight (12/01/2020). From: edmondskar Sent: Tuesday, December 1, 2020 7:17 AM To: Council <Council@edmondswa.gov> Subject: Comments for tonight's City Council meeting I would like to submit a comment for tonight's City Council Meeting, which is to express my opposition to the Mayor's request for emergency powers. The citizens of Edmonds have elected a city council to represent them, and those council members should be engaged in any decisions made on behalf of the City. While the Mayor has concerns about having to make immediate decisions during the pandemic, I do not believe that a pandemic that has been on going for over 9 months will at this stage create a situation in which an emergency decision must be made. Looking forward there are many decisions that will be before our City during the continuation of the pandemic - our CoVid case numbers continue to rise which will mean possible decisions about implementing further closures or restrictions, and hopefully with a vaccine on the way, its distribution may involve the City as well. But these are all scenarios which should be thought out and planned for well in advance, not as an "emergency" and will generally be decided at a State level or by other agencies. Further, given our current ease of communications with Zoom, cell phones, social distancing protocols already in place, it seems hard to imagine that given a true emergency situation, that the Council could not meet in some virtual form. Let's keep democracy alive and well in Edmonds. And let's not set a precedent for future mayoral inappropriate seizures of power. Making my comments heard at the City Council meeting allows me to participate in our City government's democratic process. The City Council should fully participate also and be involved in all decisions. Edmonds City Council Approved Minutes December 1, 2020 Page 33 And thank you to everyone working on behalf of the City of Edmonds, to keep the City running during this difficult time Kathleen Ryan From: Joan Bloom Sent: Monday, November 30, 2020 1:45 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Doherty, Patrick <Patrick. Doherty@edmondswa.gov> Subject: 2021 Budget: $500,000 for Human Services Program Council, Here are my comments for your budget discussion on Tuesday, December 1, 2020. 1 have also submitted these comments to Myedmondsnews and to the Edmonds Beacon. Spend where it's most needed In 2020, the City of Edmonds Human Services Program was created, under Patrick Doherty, Director of Community Services. A program manager and program coordinator were hired. Mayor Nelson has included in his 2021 budget an additional $500,000 for this program. There is no indication how the funds are to be spent, so in public comments to Council on November 17 and November 23, 1 asked how the half -million would be used. None of my questions have been answered. Two of these questions are a How will the Human Services Department identify Edmonds residents who are most at risk? What is your outreach plan? • Given the pandemic, and limited in -person contact, how will identified residents be served? In my 45 years, in three states, practicing as a social worker, I have learned the following: social services are usually underfunded; ambitious outreach programs often fail because of lack of teamwork within each agency; it is difficult to identify those at risk. Edmonds City Council Approved Minutes December 1, 2020 Page 34 The Human Services Program will not be able to meet the need for social services in Edmonds. The likely scenario is the program will continue to refer to Snohomish County agencies that are better equipped to address needs. If the City of Edmonds has an extra $500,000, why not use it for those at risk of going hungry? As the pandemic continues, Council could allocate funds towards non-profit agencies that focus on hunger, such as the Edmonds Food Bank, EastWest Food Rescue, and the Nourishing Network. Throwing money at problems never works, especially when a poorly planned program is doing the throwing. Those in need should be served, but by County agencies that are better equipped, and will do a better job. I implore Council, don't waste $500,000 of taxpayer money by expanding the Human Services Program. Instead, feed the hungry. Regards, Joan Bloom From: Julie Stuller Sent: Monday, November 30, 2020 9:58 AM To: Council <Council@edmondswa.gov> Subject: Restaurants and sidewalks Dear City Council, As I was walking with my elderly father up Dayton Street, between 5th and 6th, on November 29 in the afternoon, Salish Sea Brewing (which I dearly love) was packed. Yes, the patrons were outside, on both sides of the sidewalk, maskless obviously, drinking and eating with waiters running back and forth, but the six feet apart rule was not in effect. It was a party atmosphere, which in normal times would be great, but it was very depressing. I moved my dad off the sidewalk and we proceeded up the middle of the road until we were well past. That was a dangerous situation obviously (traffic stopped in both lanes for us) another elderly person may not have been able to maneuver unaccompanied and would have had to walk through the crowded sidewalk. As we all know, if we're reading the paper or listening to the news, this is very dangerous for our elderly, let alone anyone young or aged with immune compromised systems. I do have complete sympathy for business owners at this time, so I'm asking you to please help business owners understand the rules we have and why they need to be enforced so we Edmonds City Council Approved Minutes December 1, 2020 Page 35 hopefully won't be in complete shutdown and my father and neighbors will be alive for Christmas. Thank you, Julie Stuller From: Sally Barringer Sent: Saturday, November 28, 2020 11:28 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Hearing on Ordinance #4200 Public Hearing on Ordinance #4201 Hello Council Members, I encourage the council approve a 4 month moratorium that will effectively delay any action on any new subdivision applications until the completion of the update of the city's Tree Code. It is important the city council approves the moratorium to allow sufficient time to work through the tree code update before the Seaview Woods development is submitted so it will conform to the new tree code. Since I have large trees above and close to the city's proposed 184th street I am very concerned they will be further damaged. In the past the proposed 184th street was bulldozed up to the toe of my 20 to 30 foot bank and this has caused the bank to slide and is undercut. Sally Barringer Edmonds, WA 98026 Edmonds City Council Approved Minutes December 1, 2020 Page 36