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Edmonds City Council Approved Minutes
November 23, 2021
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EDMONDS CITY COUNCIL
VIRTUAL ONLINE MEETING
APPROVED MINUTES
November 23, 2021
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Susan Paine, Council President
Adrienne Fraley-Monillas, Councilmember
Kristiana Johnson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Vivian Olson, Councilmember
Laura Johnson, Councilmember
STAFF PRESENT
Patrick Doherty, Econ. Dev & Comm. Serv. Dir.
Susan McLaughlin, Dev. Serv. Director
Rob English, Acting Public Works Director
Ryan Hauge, Capital Project Manager
Bertrand Hauss, Transportation Engineer
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Dave Rohde, GIS Analyst
1. CALL TO ORDER/FLAG SALUTE
The Edmonds City Council virtual online meeting was called to order at 7:02 p.m. by Mayor Nelson. The
meeting was opened with the flag salute.
2. ADMINISTRATION OF OATH OF OFFICE
1. OATH OF OFFICE/SWEARING CEREMONY FOR COUNCIL POSITION 2
City Clerk Scott Passey advised Councilmember Chen was sworn in earlier today. This is a ceremonial
swearing in; he introduced Councilmember Chen’s wife, Lisa Chen who administered the Oath of Office
to Councilmember Chen.
3. LAND ACKNOWLEDGEMENT
Councilmember 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.”
4. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present, participating remotely.
5. APPROVAL OF THE AGENDA
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. UPON ROLL CALL,
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November 23, 2021
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MOTION CARRIED (6-0-1), COUNCILMEMBERS K. JOHNSON, FRALEY-MONILLAS,
BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES;
AND COUNCILMEMBER CHEN ABSTAINING.
6. AUDIENCE COMMENTS
Mayor Nelson invited participants and described the procedures for audience comments.
Linda Ferkingstad, Edmonds, commented on the Edmonds tree ordinance. Edmonds is listed by the
GMA as a high capacity transit community on page 178 of today’s agenda packet. As such it is a fast-
growing community with projected population rising three times faster than metropolitan cities. Single
family homes are desperately needed in Edmonds. She pled with the Council for 8 months to allow them
to build 3 homes on their 1.2 acres without forcing them to purchase their property twice. They purchased
their property, including the trees in 2017. In November 2020, the City halted acceptance of division
applications while existing codes were changed requiring much more work from their engineers and
arborist. On June 22nd, the City took ownership of their trees with the Edmonds tree ordinance. Now they
must purchase their trees again from the City before they are allowed to divide their property and use it
for what it is zoned, single family housing. Owners of undeveloped private properties in Edmonds are
required to retain 50% of their trees or face a penalty equal to the worth of the timber and carbon footprint
of each tree needing removal before they are removed and homes built, $3300 to $12,000 for each tree.
58% tree retention is equivalent to a 70% or more open space requirement on their property and will not
let in sunlight or allow possible views. Business and multifamily zoned property owners are to maintain
5% open space. A cap was later placed on the tree penalty that still amounts to $100,000 of governmental
taking.
Ms. Ferkingstad continued, the Edmonds tree ordinance violates the 5th and 14th amendments and takings
clause of the United States Constitution, the Washington State Constitution, the Growth Management Act
and the Edmonds Comprehensive Plan. It is discriminatory and enforced mainly upon undeveloped
property owners who wish to build single family homes. COVID-19 has affected everyone and caused
additional financial hardship for those needing to sell or divide undeveloped properties in Edmonds,
devaluing them by the City’s perceived worth of the trees. Before the Council passes any ordinance, City
Attorney Taraday should be prepared to publicly affirm that it complies with the constitution and state
laws, just as Councilmember Chen swore to do today. Each Councilmember that voted for the tree
ordinance also swore to uphold the constitution while taking their oath of office. It is their duty to ensure
the laws of the land are being followed in all ordinances that are passed and enforced. She urged the
Council to be conscious of the legally of each ordinance and revoke the illegal tree ordinance to save the
City the cost of litigation and reparation for damages it has caused.
Ken Reidy, Edmonds, said tonight’s agenda packet page 94 proves that Ordinance 4209 made the
following emergency declaration, without an immediate adoption of this interim zoning ordinance,
streateries would need to continue to operate under a special event permit. Interim zoning ordinances
require a public hearing within 60 days. A public hearing was never held for Ordinance 4209 or for
interim zoning Ordinance 4210. He questioned why nothing had been done about those violations of state
law. When Councilmember K. Johnson asked about the use of gas heaters in streateries on December 15,
2020, Shane Hope answered that in general gas heaters will not be used due to fire protection concerns
with the flames and because few propane heaters are available and that the preferred option would be
electric heaters. He urged the Council not to schedule a public hearing on December 7th for streateries and
instead end this unfair situation now. Next, Edmonds City Council has not met in person since August
17th; the ECA has six events scheduled between November 29th and December 13th. He requested the
Council end virtual meetings at once.
Edmonds City Council Approved Minutes
November 23, 2021
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Mr. Reidy continued, despite trust in City government at wafer-thin levels, Council President Paine made
a motion to prevent certain citizens from speaking during the November 16th public hearing on the 2022
budget. She said she wanted to make sure to stay focused on getting new voices heard. Her motion was
non-sensical, allowing all citizens to speak had no impact whatsoever on the ability of new voices to be
heard. He asked whether Council President Paine would be held accountable by her fellow
Councilmembers for her conduct. This put Mayor Nelson in a difficult position; as this motion was only
minutes old, how did he know who suddenly was not allowed to speak? Did Mayor Nelson have instant,
perfect memory recall of all the people who spoke previously? Mayor Nelson did not request a list of
names; he simply proceeded as if all was good and he knew what to do. Mr. Reidy questioned why any
elected officials would negatively impact citizens’ trust by doing what was done on November 16th. At
most the Council saved 36 minutes assuming all 12 people who spoke previously spoke for 3 minutes
each. If half those people spoke, Council saved 18 minutes. He questioned whether this hit to citizen
confidence was worth saving a few minutes. Earlier during the November 16th meeting, Council wasted
20 minutes discussing something not contemplated by the City Code. He questioned why that time was
not made available to those who want to make public comment and had their hands raised throughout the
entire public hearing but were not called on by Mayor Nelson.
Janelle Cass, Edmonds, commented there are many things on tonight’s agenda that residents and
businesses are passionate about. She wished everyone could see one another’s faces to see how many are
tuning in but perhaps unwilling or unable to speak. She urged the Council to vote to bring City Council
meetings back to hybrid which several cities in Snohomish County have been doing for quite some time
including Mukilteo, Mountlake Terrace and Mill Creek. Since data has not been provided in past
discussions, she offered the most current information: as of 11/16-11/22, the case rate is less than
95/100,000, hospitalization is about 5/100,000 and the death rate for the past 7 days is .007/100,000. This
is the downward trend and tail end of the curve compared to the week of August 3rd when there were 220
cases/100,000, cases are down 132% from that day. Councilmembers who voted against hybrid have had
the privilege of being in crowds for recreation but do not do it for their jobs. For example, Council
President Paine attends Kraken hockey matches in person, Councilmember Fraley-Monillas went to
Tennessee and visited museums, and Councilmember L. Johnson recently went to California. Assuming
they traveled by plane, she questioned what safety measures were used that made them comfortable and
whether those could be applied to Council Chambers to allow in-person meetings. She acknowledged the
health and safety of City staff was paramount and suggested the Council vote to pay them $4 more per
hour on Tuesday evenings for hazard pay, noting if it works for grocery store workers, it should work for
City staff.
With regard to the streateries, Ms. Cass acknowledged the hard work and creativity that went into
permitting, constructing and making the streateries available for restaurants as they recover from the
economic devastation of the pandemic. The speed of their erection is a true testament to the Mayor’s
potential to work with some businesses. However, giving public land to some businesses and not others is
not fair, where is the equity? Not only for the restaurants but also the businesses outside the Bowl. While
the City should be applauded for the attempt to gather public input, it was another slanted survey on
Survey Monkey with only 3½ questions and no place to add text. Question #4 states all things considered,
do you believe that outdoor dining and streateries enhances or detracts from Edmonds? However, all the
things to be considered were not listed. She would have included questions like is it okay for the
government to give away public real estate? Is it equitable to all businesses?
Carolyn Strong, Edmonds, requested the Council repeal the budget. Last Tuesday’s budget meeting
selectively and inequitably did not allow certain citizens, including herself, due process to weigh in on
how the City spends its money and then the Council passed the budget during an illegal meeting on
Wednesday. If there are any questions about the multitude of illegalities of last Tuesday and Wednesday’s
meetings, why wouldn’t the government take the side of accountability to the citizens and repeal the
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November 23, 2021
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budget in order to revisit the process and pass it without questions of legality? In the interest of
accountability and transparency to the residents of Edmonds, she encouraged the Council to repeal the
budget and give it the due diligence it deserves, allow citizens to give their input and pass it in a legal and
transparent manner. In the case that it is then ignored and vetoed, she recommended the person who
vetoed the budget take ownership of that fact in front of all the residents Edmonds.
Ms. Strong asked the City Council to end the streateries downtown. They are eyesores and long overdue
to disappear. Their existence has given inequitable treatment to all businesses and giving away streets as
part of free rent program to a select few is unfair and harmful to other businesses, to citizens who pay to
use the streets, and those with mobility issues. The charm of Edmonds has turned into the disgrace of
shanty town. She questioned why the streateries were still up and what metric was used to justify their
existence and justify harming other businesses in their wake. She urged the Council to give Edmonds
back its charm and its streets. She also encouraged the Council to return to hybrid meetings; citizens have
never been given the criteria for going to Zoom only or returning to hybrid meetings. As with the
streateries, arbitrary rulings without metrics, data or science continue to undermine confidence in City
government. Several other cities in Snohomish County are engaging citizens in the process of local
government by exercising the right of assembly in chambers for citizens and elected officials to partake in
open government. Zoom meetings have come with their fair share of disasters; it is time to return to
chambers as essential workers to the residents the Council serves. If members of Council can fly all over
the country, they can show up in person at Council meetings in Edmonds. She urged the Council to vote
to return to hybrid meetings.
Denise Cooper, Edmonds, said the streateries should go; restaurants are full and business is booming in
Edmonds. The streateries are on public streets and she questioned who would be liable this winter with
ice and snow if accidents occur and a car slides and hits a streatery and an injured citizen sues the City.
There are parks and beaches for outside dining. Edmonds is not Europe. She urged the Council to
consider the citizens and their parking needs.
Tamara Nelson, Edmonds, agreed with having meetings return to a live format or at the least a hybrid.
She respected that some people may need to protect their health but those who have had the pleasure of
leaving Washington have seen that a majority of the country is open, free and maskless. Washington is
one of the last holdouts. She recommended looking around and stopping the nonsense. People need to see
each other’s faces, see how many people are attending meetings, and see their facial expressions. She has
not been called upon after raising her hand at meetings and is adept at using the Zoom format. She
supported getting rid of the streateries, commenting the cute name has worn off. She did not receive or
ask for any support for her business. The streateries use streets and sidewalks that taxpayers pay for.
When she walks her dog, she walks through restaurant seating. It is ridiculous, the town is embarrassing.
She used to invite fellow boaters to bring their boats and stay in Edmonds; it used to be beautiful with the
flowers and now it’s plastic and not a friendly area to visit anymore. Restaurants’ hardship is over as they
are at full capacity and it is unreasonable to allow them to double their floorspace at no additional cost
except to pay for their plastic huts. Articles in My Edmonds News indicate a majority of people are sick
of the streateries and want them removed. She urged the Council to listen to the citizens of Edmonds.
Samuel Briesemeister, Edmonds, representing himself primarily but also for the City’s and residents’
benefit in proposing three improvements to the City’s water system in metering, billing and payments.
Adopting the changes he proposed, the City will reduce the hardship on families in the community from
large surprise leaks. In addition the City will save water and save money by reducing the scale of leaks,
the volume of water that is leaked and reduce the overhead cost of operating the City’s water system. He
unfortunately experienced a very large leak of approximately 1.3 million gallons that was completely
unknown to him on his property; there was no sign whatsoever. He represents a single income household
of five and paid $5000 for underground repair of the leak. He was then informed he would get an $8000
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November 23, 2021
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water bill which he did not think qualified as a reasonably affordable bill. The very friendly people at the
City’s water billing office informed him this is the largest bill they have ever seen. Unfortunately, the
combined cost for him is $13,000, but the City’s water billing system rebate maxes out at $1000 or about
7% of his surprise costs.
Mr. Briesemeister explained his neighbors, some of teachers and medical workers, have experienced
similar leaks in recent years and seen similarly large bills that imposed real financial hardship on their
families as well. The City needs three changes, 1) like the City of Lynnwood, Edmonds needs to replace
existing water meters with smart meters to allow for automatic leak detection, noticeably faster than the
City’s current 60 day meter reading cycle, thereby reducing the amount of water leaked, 2) set up a
payment plan so homeowners can manage the surprise, extremely large costs in a manageable way.
Lynnwood uses a 10 month, 10% billing increment system, and 3) significantly raise or remove the $1000
limit on leak adjustments in favor of wholesale pricing above monthly average usage per household. None
of the neighboring cities have a $1000 limit. These changes will reduce the operating costs of the City’s
water system as well as reduce hardship on homeowners.
Betty Lau, Edmonds, congratulated the Council on a wonderful election and congratulated new
Councilmembers including Councilmember Chen. This is the first meeting she has attended and she
found the different viewpoints very interesting. She envisioned a great new year and great start to Council
business.
Deborah Arthur, Edmonds, congratulated Councilmember Chen. Observing that Neil Tibbott had also
been elected, she asked why he wasn’t sworn in today. She said the Council knows how she feels about
the streateries. She relayed a suggestion she heard today about having one-way streets with streateries on
one side. She did not like the streateries, thought they should be removed and thought they present a high
risk for the City to be sued. She concluded all the electeds have something good about them. She
supported Highway 99 and the bowl being wonderful and awesome but she wanted it fair, sweet, nice and
understood and she wanted money from all the wealthy people in Edmonds.
Laurie Sorenson, Edmonds, a member of the Pilchuck Audubon Society, said she is interested in the
outcome of the Edmonds Marsh. Pilchuck Audubon has sponsored a 10-year study of bird habitat and
behavior in the marsh area; she was excited to see the number of nesting birds and the number of visiting
and migrating birds increase as a result of good planning. With regard to the lack of a revised overall plan
for marsh restoration, she referred to the $60,000 budgeted for Windward and wondered about the
decision process used to engage them without first having a comprehensive plan in place. She wondered
why Council would engage Windward again after they did not complete the terms of their last contract
and their findings were not inclusive of the biological restoration of the entire area. The Council has had
at least two years since learning WSDOT will not build the ferry terminal, ample time to piece together a
workable plan. She cautioned the Council to be advised by scientists and community members and to
revise the master plan.
Greg Brewer, Edmonds, said the streateries needed to go. They were designed and constructed as
temporary structures to help restaurants during indoor dining restrictions and for that, they were a success.
He enjoyed and supported outdoor dining but not in plastic shacks on public streets. The streateries are
ugly, dangerous and unfair to neighboring businesses. Neighboring businesses have to compete for
visibility, parking and access. Restaurant shacks and takeout parking currently dominates street space in
the downtown core. Pedestrians strolling through downtown are forced through a gauntlet of diners and
wait staff as they occupy both sides of the sidewalk. The structures are clunky and dangerous as cars and
pedestrians have limited sightlines when navigating downtown City streets. The streateries served their
purpose; now it’s time to clean them up and plan for a better, sustainable outdoor dining future not on
public streets in plastic shacks.
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November 23, 2021
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Fred Milani, Edmonds, said according to health experts, COVID-19 is here to stay and is the reality of
life moving forward. Continuing to extend the streateries beyond the initial 70 days to the end of 2020, all
of 2021 and into 2022 is not necessary and does not make sense. The government has been helping
distressed businesses to the tune of billions of dollars and some of Edmonds streatery owners have receive
those funds to the tune of hundreds of thousands of dollars, yet are asking for more from Edmonds. The
City inherited downtown Edmonds from previous administrations, some going back decades. The streets
have one vehicle lane in each direction and parking spaces for retail, office and restaurants. The sidewalks
are also narrow and the location of buildings do not allow that to change. He suggested this sarcastic
scenario, why doesn’t the City just change the streets in the entire bowl to just one lane each way with no
shoulder, no parking and build a much wider sidewalk that would allow restaurants to set up tables in
front of their buildings, retail shops to set up tables like the Garment District in LA or the bazaars in the
old Middle East and let pedestrians with their dogs and strollers walk through the tables and merchandise,
dining customers and servers with trays of food.
Mr. Milani continued, the streets would obviously be just for driving, no parking and everyone parks
blocks away on residential streets who would then be up in arms about the intrusion into their privacy and
ADA requirements that are not met. He questioned if that would result in more people coming to
Edmonds, whether anyone enjoyed parking blocks away and maneuvering around tables. He cautioned
Edmonds was partway there now with the blocked streets and sidewalks. The time when restaurants were
closed or had limited capacity has been over for months; there are currently no limitations on inside
dining or seating space, nothing that necessitates street dining. He hoped the Council could see their way
straight to demolishing these monstrosities without hesitation. He thanked Councilmembers who reached
out to him with their kindness.
Joe Scordino, Edmonds, relayed his belief that the public has lost its confidence in the Council process.
It was severely tarnished by the procedures the Council undertook in adopting the 2022 budget and that
needs to be fixed. On behalf of many citizens of Edmonds, he respectfully requested that the Council add
an agenda item so that the Council can discuss in open public session repealing the 2022 budget as a
remedy to the apparent improper if not illegal public procedures undertaken in adopting the 2022 budget.
Erika (and Jeff) Barnett, Salish Sea Brewing Company, spoke regarding streateries, representing
themselves and local businesses downtown. With regard to safety, she said the open air streateries that the
City graciously allowed restaurants to put up over the past year allow them to seat individuals who are
still not comfortable dining inside but still want to go out and be part of the community. They also allow
seating for guests who have not yet had access to the vaccine; many families with young children choose
to dine outside in streateries. It is also a place where people can safely meet family and friends they are
not comfortable dining with inside. She requested the streateries be extended until June which will allow
time to safely take down and remove the streateries and not disrupt and block streets as well as provide
safe distancing during the traditional cold and flu season.
Ms. Barnett continued, restaurants across the country have been through a lot this past year; streateries
have allowed them to provide a sense of community and normalcy when times were anything but normal.
They have allowed them to employ up to 25 people in their restaurant, people who pay rent and frequent
local businesses. They appreciate that there have been issues with parking and access to other businesses
but feel they bring extra sets of eyes and customers walking around and looking in the windows of those
shops. Even if they do not purchase at the time they are dining because the businesses are closed, they are
more likely to return to make purchases. They are open 7 days/week and their streatery is used every day,
often from noon until close at 9 or 10 p.m. Some streateries may not be used as frequently and that is
something that could be considered. They wholeheartedly appreciated the effort of Council to put this
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November 23, 2021
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together and allow them the opportunity to recover revenue and asked that the streateries be extended
through June to get through the cold and flu season and make arrangement for safe removal.
Courtney [no last name given] Edmonds, said she and her husband are young professionals who live in
the bowl. Although she often hears negative comments about the streateries, they love them and many of
their friends visit them in Edmonds because of the streateries and Walkable Main and the awesome
farmers market. The streateries are always busy so a lot of people are enjoying them including some of
their friends who are not comfortable dining inside yet. She hoped the streateries would stick around.
Rim Benoud-Schmitz, Edmonds, echoed Courtney’s comments, explaining she and her husband bought
a house in Edmonds a year ago. Prior to that they lived in Mill Creek but would always come to Edmonds
because they loved the atmosphere. The streateries have been a big reason why she and her family
continue to dine out as they allow them to feel safe and engaged. She also loved Walkable Main Street.
For years many of their friends would not come north and they had to go to Seattle; from the steps she has
seen Edmonds take, it is a place where people want to come and spend their money. She appreciated the
hard work the City was doing.
Ricardo Bobadilla, Seattle, Manager, Santa Fe Mexican Grill, said he has been in Edmonds only since
the pandemic. It is good to hear the other side of the streateries because most people tell him how great
they are, how lively they make things and that they keep the city moving. He agreed with the proposal to
extend the streateries to give time to get through the cold and flu season. As a young professional, he has
seen a growing wave of young people moving to, visiting or considering moving to Edmonds because of
how lively and charming it is, including the streateries. They invested a lot putting up the streateries
safely and have not had any problems nor has he heard of any problems with their safety. He suggested
more leeway with the streateries and to look for a more permanent solution.
Cathy Brewer, Edmonds, said the streateries have done their job successfully as temporary assistance
for restaurants during COVID. Restaurants seem to have recovered very well and are prospering. Almost
two years later, the streateries are still there, blocking public sidewalks and streets, creating an obstacle
and danger for pedestrian, drivers and diners and an eyesore in the charming city. She supported
removing them immediately, fearing if they were extended now, restaurants would ask to have them
extended again and again because they are very profitable for the restaurants and provide free space for
them on public property. She supported the Council returning to in-person/hybrid meetings as the world is
opening up, businesses are returning to normal, people are working, shopping and traveling, going about
their business and it is past time for Edmonds government to return to normal business with in-person
meetings and face-to-face contact. Anyone who feels safer staying home can use Zoom, but others should
be allowed to fully participate in their government. She supported returning to government as it was
meant to be – in person.
Michelle Dotsch, Edmonds, said Edmonds has a common sense decision to make; are we a town where
the vast majority of residents use a bicycle to shop, dine, travel to and from work in other cities, go to
appointments or school and enjoy being one line of paint away from a state highway full of commerce
trucks, tens of thousands of cars and the highest amount of ferry traffic used for transporting goods and
services in the entire country? Anyone who travels to or through Westgate on a regular basis by car like
she does almost daily notices congestion of drive lanes and turn lanes leading up to the QFC, PCC,
Goodwill and ten other stores on the north side heading north on 100th Avenue West. Drivers who travel
north toward Westgate on 100th or Edmonds Way pick up their kids from four neighboring schools in the
area, commute to/from work, and access Bartell, Key Bank, Chopsticks and other businesses in that area
not to mention 81 unit Westgate Station apartment building. There are turn lanes, drive-through lanes, bus
stops, 2-way turn lanes, fully congested during school and work hours especially now that pre-COVID
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traffic levels have returned and staying healthy means staying away from mass public transportation as
advised by the CDC.
Ms. Dotsch questioned cutting that access in half, sitting in gridlock trying to get through or just into the
parking lot to do grocery shopping. On tonight’s agenda is a rejected plan to remove two drive lanes for
cars to travel the Westgate corridor on 100th Ave W and the intersection with SR 104. In May 2021 City
planners and consultants clearly decided there was a significant negative impact of removing two driving
lanes causing longer traffic delays, reducing the intersection from a C to D level of service. A D grade is
one level from flunking, which seemed to be a very bad outcome. She urged the Council to keep the drive
lanes in Alternative 2. Paying $160,000 per bicyclist based on the bicycle count from Walnut & 9th, the
closest intersection to Westgate, is a waste of taxpayer dollars to benefit an elite few. She requested the
Council vote to return Council meetings to a hybrid format starting December 7th. The zip code 98020
has the lowest risk of COVID in Snohomish County according to the Snohomish Health Department.
(Written comments submitted to PublicComment@Edmondswa.gov are attached.)
7. APPROVAL OF THE CONSENT AGENDA
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The
agenda items approved are as follows:
1. APPROVAL OF COUNCIL MEETING MINUTES OF NOVEMBER 09, 2021
2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
3. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM JOHN TORRES
4. CONFIRMATION OF DIVERSITY COMMISSION APPOINTEES HELM, SHIBAYAMA
AND WHITE
8. COUNCIL BUSINESS
1. REQUEST TO EXTEND PERMITTING OF STREATERIES
Economic Development & Community Services Director Patrick Doherty advised this is a introduction to
the issue in preparation for a more robust presentation at the December 7th public hearing. Tonight is the
first of three touches the Council will have to consider the issue.
Development Services Director Susan McLaughlin reviewed:
• Background
o March 2020: The COVID-19 pandemic placed restrictions on indoor dining
o June-august 2020: After initial easing of restrictions in early summer, the Governor tightened
restrictions again in August 2020
o August 18, 2020: In response the City announced a temporary ad hoc program by Special
Event Permit, starting on August 18, 2020 to allow curbside dining structures, aka
“streateries.”
o December 15, 2020: As winter approached, and in light of continuing waves of COVID-19
and its related restrictions, the City Council passed Ordinance 4209 19 and its related
restrictions, the City Council passed Ordinance 4209 as an emergency measure to protect
public health and safety and formalized the allowance of streateries on a temporary basis
through 12/31/21
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November 23, 2021
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• Permit Requirements
o Streatery permits required restaurant owners to provide:
▪ Site plan
▪ Dining plan (location of tables, chairs, heaters, etc.
▪ Platform construction drawing
▪ Elevation sketch
▪ Certificate of Insurance (naming City of Edmonds as additional insured with minimum
$300,000 personal injury and $100,000 property damage)
o Streateries are required to have Traffic Safety Controls, such as barriers, reflective delineators
o Permits cost $110, with a $30 renewal fee.
o Limited to 20 streatery permits.
• Streatery Design Standards
o Must be located fully or partially adjacent to the business it serves
o May not be located in ADA parking stalls, in front of hydrants, or bus stops
o Maximum length is two parking stalls
o No more than 2 streateries may be adjacent
o One single opening, 10’ wide, for customer entry
o Protected at ends from adjacent vehicle parking by approved barrier
o Ten feet from alleys, bus zones, parking zones, commercial loading, etc.
o Must be located on an ADA accessible, raised platform flush with the sidewalk unless other
ADA accessible outdoor dining is available)
o Screening up to 30”; above that views into/out of streatery must be maintained
o Tents, canopies, etc., must meet Fire Marshal requirements
o Tents & canopies must be open to the air on at least one side
o Tents, canopies, awnings, etc., shall be primarily yellow, white, or red.
o Fuel burning heaters are not allowed within 3’ of fabric, unless approved by Fire
Mr. Doherty reviewed:
• Streateries Ordinance 4209
o Streateries Ordinance 4209, approved by Council on 12/15/2020 was originally set to sunset
as of 12/31/21.
o City Council has the authority to extend the Ordinance into 2022 if it chooses.
o The COVID 19 pandemic is not over and a winter spike has been forecasted by experts.
Council may wish to reconsider the wording in Ordinance 4209 in consideration of
continuing streateries :
o “…this ordinance should be imposed as an emergency measure to protect the public health,
safety and welfare by staving off restaurant failures and creating program so that Edmonds
citizens will have safer places to dine for the remainder of the COVID 19 pandemic.”
• Washington Hospitality Association (WHA) Request
o WHA wrote a letter dated 11/5/21 (in packet) to the Mayor and City Council requesting that
Edmonds City Council extend the Streateries Ordinance at least through Summer 2022. The
letter highlights the following issues:
▪ Pandemic has not ended; concerns remain about indoor dining
▪ While federal grants/funds have been available, only 44% of WA requests were granted.
▪ Worker shortages, rising commodities prices, supply chain issues, and concerns about
new COVID waves still hamper restaurants.
▪ Restaurants still struggle to recover from the full financial hit. Streateries provide an
important option for customers who remain concerned about indoor dining.
• Consideration of Extending Ordinance – Next Steps
o City Council may consider extending the Streateries Ordinance
o Public survey has been released, available until 12/6/21
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o Public hearing scheduled at December 7th Council meeting
o Staff will provide results of public survey, compilation of comments received from public,
retailers and restaurateurs, and responses to Council inquiries on 12/7/21
o Council can begin review after public hearing on 12/7/21 and continue consideration until
12/14/21 regular meeting
Mr. Doherty encouraged Councilmembers to provide comments, questions and inquiries for staff to
follow up on and be prepared to present more information at the December 7th meeting.
Councilmember Fraley-Monillas relayed her understanding that there was no risk as a result of the
streateries, no more risk than if patrons were inside a building and a car crashed into it. Mr. Doherty
answered permitting requires traffic barriers, most are water-filled jersey barriers with some sand-filled
barrels, which are inspected by building officials to foil impact from a car. He was not aware that anyone
had made a judgment of the relative safety of dining indoors versus outdoors, but the City has done its
best following examples from other cities to provide a safe outdoor dining space.
Councilmember Fraley-Monillas summarized the comments about safety are not an issue. With regard to
the public comment that referenced her business trip to Memphis, she reported everyone in Memphis was
wearing masks, the main street was closed, there were streateries on both sides, and it was too crowded to
get a seat. Leavenworth is also overcrowded with seating in the middle of the road. She understood the
difference between the streateries and Main Street access, but many places are doing this across the
country. She concluded people are trying to be safe while staying in the middle of the street.
COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
SUNSET THE STREATERIES AT THE END OF THE YEAR.
Councilmember K. Johnson said she agreed with many of speakers and the writers in My Edmonds News
who complained about streateries. She knew some people enjoy them, but after two years, they are no
longer necessary. They were designed to help restaurants when they were only at 35% capacity, but the
Governor has since returned all restaurants to 100% capacity. The streateries were generously extended
once and now it is time for them to sunset. Restaurants may benefit from keeping the streateries open, but
it is better for the town of Edmonds to return to normal and allow the streets to be used as they were
intended for a multitude and variety of businesses.
Council President Paine said she was not prepared to make a decision tonight. She has heard from a lot of
people; the retailers have very graciously understood the economic pressures felt by the restaurants and a
lot of communities have streateries. There have been a lot of good suggestions from the community via
email. She suggested the City develop a streateries program that addresses the cost, placement, timing and
other aspects. She also did not want to move so quickly that restaurants were hamstrung during the
holiday season. She feared that sunsetting streateries tonight restaurants would not have time to make the
necessary changes to get the streateries out of the right-of-way, find storage, etc. She preferred a more
thought out approach and a program developed by the City if that is what the administration is
considering doing. This is the first presentation to Council and she wanted to hear more from the
community
Councilmember Olson raised a point of clarification, pointing out the sunset date in original ordinance is
December 31, 2021. The motion is based on what is already in the code.
Councilmember L. Johnson referred to a public comment about her travel, explaining she recently had the
opportunity to road trip down the west coast with her daughter. To keep exposure to a minimum, they
drove, stayed in detached Airbnb’s, did takeout and kept outings outside and in uncrowded areas such as
Edmonds City Council Approved Minutes
November 23, 2021
Page 11
the beach. Additionally she made sure to confirm access at each location and prepare for and Zoom into
all her meetings.
Councilmember K. Johnson raised a point of order, suggesting the Councilmember speak to the motion
regarding sunsetting streateries and not a travelogue.
Councilmember Fraley-Monillas raised a point of order, stating Councilmember K. Johnson was being
inappropriate by interrupting Councilmember L. Johnson. Mayor Nelson allowed Councilmember L.
Johnson to continue.
Councilmember L. Johnson explained as they made their way down the coast, she was relieved to see a
similar level of mask wearing and other safety measures in California and Oregon. They noticed
streateries in almost every city along the coast. Her favorite was the rainbow streatery on Castro Street in
San Francisco. Edmonds is not alone; streateries have saved restaurants up and down the coast, given the
public another venue to gather socially while minimizing exposure. She acknowledged they were not
perfect and could definitely be improved on, numbers were likely to spike again in the winter, but
opportunities to get out and to protect one’s mental health were needed. She hoped the City could work
together to develop a plan that takes the best of streateries and lessens the negative impacts. It is not in the
anyone’s best interest to allow the streateries to sunset on December 31st, just as rates are likely to begin
rising. For all the reasons mentioned, she supported Council President Paine’s idea of a streateries
program.
Councilmember Buckshnis said she went to a wedding last week and could not call in. She relayed her
concern that Ordinance 4209 regarding streateries never had a public hearing. The Council does not seem
to be following requirements for public hearing or allowing people to speak at public hearings. She was
on the fence about streateries, suggesting if they were allowed to continue into 2022, the restaurant should
be required to be open all the time. In other words, the restaurant cannot be open Wednesday through
Sunday. Many of the streateries are vacant, a fact she knows because she is downtown a lot. She has
heard more from citizens not wanting streateries than from restaurants who like the streateries.
Restaurants are making money from the streateries. Other cities have streateries and she visited them
when in Wisconsin and San Diego. Suddenly the Council is presented with this decision when there
should have had public hearing a lot time ago. The Council continues to push things through and rush
things through like the budget.
Councilmember Fraley-Monillas raised a point of order regarding Councilmember Buckshnis’ comment.
Mayor Nelson said he would be consistent and allow Councilmember Buckshnis to continue her
comments.
Councilmember Fraley-Monillas relayed she left the National Civil Rights Museum to call in for the
Council meeting from the hotel. She saw nothing but outside eateries in the east and it is an important
thing in downtown Edmonds. She relayed the Snohomish Health District is not meeting in person and of
the 19 cities in Snohomish County, only 3 are meeting in person. COVID is still an issue, people are still
wearing masks, being cautious and maintaining distance.
Councilmember K. Johnson raised a point of order, requesting Mayor Nelson advise Councilmembers to
speak to the motion. Mayor Nelson said he was giving Councilmembers latitude and trying to be
consistent.
Councilmember Fraley-Monillas said the point she was trying to make was it is still not safe sit in close
proximity to other people. Two friends contracted COVID in the last week and have no idea where they
were exposed. It is appropriate to continue the outside streateries for now to continue protection. She
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November 23, 2021
Page 12
encouraged Councilmembers to vote against the motion to give citizens an opportunity to talk about this
at the public hearing next week. There are a number of factors and some Councilmembers are pandering
to those who have assisted them in the past. Mayor Nelson pointed out the next Council meeting is in two
weeks.
Councilmember Olson observed from the comments that have been made, it appears there is will to go
forward with the public hearing next week, but she will focus her comments on why she was ready to vote
tonight. She has been thinking about this the entire year but a lot since the March/April/May timeframe
when she began to hear vendors, many of them retailers, excited there would be an end to the streateries.
Even though the Washington Hospitality Association supports continuing the streateries to assist
restaurants, a number of restaurants who pay for their outdoor space find the streateries highly inequitable
because they are competing for patrons who prefer outdoor space and instead of visiting their outdoor
seating, patrons go to restaurants with streateries that they got for free or for a small amount.
Councilmember Olson continued, she voted in favor of the streateries ordinance, not knowing that
Walkable Main Street was coming. Walkable Main Street also had negative effects on neighboring
businesses, retailers and other businesses on the fringe of the border. There were flaws with the survey
regarding Walkable Main Street as well as with the streateries survey. There are good, free resources
available through the Economic Development Commission that she wanted the City to use. She feared
question #3 on the survey would result in bad feedback, asking people where they would eat if there was
not the option of streateries, and not giving the option of restaurants with outdoor dining in the downtown
area. When the streateries disappear, those outdoor spaces will still be available in addition to the other
options provided on the survey. Using the results of the survey is a problem if not all the information is
provided.
Councilmember Olson assured the public she cares what they thinks and she wants them to be happy, but
this a business district and as a government official whose oath included faithfully and impartially means
she and the rest of the Council cannot take actions that unfairly biases an outcome for some over others.
That is the reason she would be ready to vote tonight even though the public hearing has not yet been
held.
Councilmember Chen said as a new Councilmember he felt lucky this was the first topic to arise because
he had knowledge of it from driving through the streateries as well as dining in them. Last week when the
Council packet came out, he got 66 responses to his Facebook post inquiring about the pros and cons of
streateries and he will compile a matrix of the responses. Tonight 19 people commented, but one segment
of the population that has not expressed their opinion is the senior citizens; 20% of senior citizens rely on
automobiles to get around. During the pandemic, senior citizens suffered the most. In his culture, they
take care of the seniors. He wanted to have a public hearing to continue on December 7th and he
encouraged seniors to speak so the Council had an opportunity to hear from them before voting.
Councilmember Fraley-Monillas said if the outside streateries are closed, as a middle aged person, she
will go to Lynnwood or Shoreline where it is safe to eat outside as she has no interest in breathing around
people in close proximity. She appreciated Councilmember Chen’s interest in hearing from people at the
public hearing due to the importance of the public understanding what the Council is considering. She
supports all the businesses in Edmonds, not just the restaurants. Streateries are a safe place to eat in a safe
environment. She recalled inviting a friend to eat outside in downtown Edmonds last October.
Councilmember Olson said there is already outside dining in Edmonds, this discussion is about the
streateries that occupy parking spaces. All the outside dining referenced in other ordinances and code still
exist in downtown Edmonds and other areas of the City.
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November 23, 2021
Page 13
Councilmember K. Johnson said she felt strongly that she could vote on this tonight. However, after
listening to everyone especially the newest Councilmember, Mr. Chen, she would withdraw her motion
and proceed with the December 7th public hearing.
COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION WITH THE AGREEMENT OF
THE SECOND.
Councilmember Buckshnis requested the information for the public hearing include dollar amounts
regarding the difference in tax revenue with and without streateries, noting some businesses have
submitted information regarding their losses. She relayed hearing that the leases for some non-restaurants
tenants in buildings may be impacted by the extra money restaurants are making from the streateries. She
also asked for information regarding the number of restaurants open full hours all week.
Council President Paine said she submitted questions to Mr. Doherty and Ms. McLaughlin regarding
restaurants that have opened or closed and if there were any new vacancies in Edmonds that may be
associated with COVID response and the streateries.
Councilmember Olson wondered if there was value to also discussing pickup/delivery spaces at the same
time as the streateries; that ordinance has lapsed. If the streateries are discontinued, those pickup/delivery
spaces might continue but currently there are both and sometimes for all the same restaurants. She
suggested that be included in the decision matrix regarding the impact on parking.
Councilmember Fraley-Monillas agreed with Councilmember Olson, if a restaurant had an outside eatery,
they should not also have a 15-minute pickup space. The 15-minute pickup spaces were allowed when
restaurants were closed.
Councilmember K. Johnson requested Mr. Doherty to compile all the public comments and emails to
Council about streateries in next Council packet, most of which are in opposition to extending streateries.
She suggested he could contact Maureen Judge to obtain the ones sent to Council. In response to the
previous comments, Mr. Doherty said permit requirements do not allow a restaurant to have both a
takeout pickup space and a streatery. He approached all the restaurants personally, including one who
spoke earlier who chose not to do a streatery because they wanted a takeout pickup space. A restaurant is
allowed two spaces for a streatery so theoretically a restaurant could have one space for a streatery and
one space for pickup.
Mayor Nelson declared a brief recess.
2. PROJECT UPDATE FOR THE CITYWIDE BICYCLE IMPROVEMENT PROJECT
Acting Public Works Director Rob English introduced Capital Project Manager Ryan Hague, Pablo Para,
PH Consulting, and Transportation Engineer Bertrand Hauss. He advised staff was seeking action from
Council tonight on two items in order to proceed with final project design.
Mr. Hague advised staff briefed Councilmember Chen on the project last Friday. He reviewed:
• Brief Timeline Reap
o City pursued and won a $1.85M Sound Transit grant in September, 2019 for installation of
bike lanes at various locations in Edmonds
o Design contract was awarded in September 2020
o Intense public interest in the project triggered a public outreach effort including
▪ “Listening sessions” held with interested residents in December 2020
▪ Public meeting via Zoom in February 2021
▪ One-on-one meetings with residents as requested
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November 23, 2021
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▪ Online surveys
▪ Project email address and website
o Public input combined with data to drive design decisions
o Project design recommendations were presented to Council May 4, 2021
▪ Questions were raised about the Westgate intersection
▪ Additional public meeting was requested
- Public meeting held June 2, 2021
o Project Update was presented to PPW Committee September 14, 2021 and Regular meeting
September 21, 2021
▪ Additional info was presented on Westgate intersection based on questions asked in May
▪ Description and costs were presented for additional pedestrian safety improvements
requested by residents and Council
• Westgate Intersection
o Existing Conditions: SR-104 & 100th Ave W
o Alternative 1
▪ Adds 1 bike lane in each direction
▪ Eliminates 1 through-lane in each direction
▪ Adds northbound and southbound right turn lanes
o Alternative 2 (staff’s recommended alternative)
▪ Adds 1 northbound bike lane
▪ Adds shared lane markings (sharrows) to southbound through-lane
▪ Provides ramps so that southbound cyclists can exit onto the sidewalk, walk through the
intersection and re-enter the roadway south of the intersection
▪ Maintains current number of through-lanes
▪ Travel lanes get slightly narrower
• Side-by-side Comparison
o Impacts to motorists
Alternative 1 Alternative 2
Vehicle lanes maintain current width Vehicle lanes get slightly narrower
Intersection LOS drops from C to D Intersection LOS stays at C
238th Elm travel time during PM Peak:
No build – 207.2s
Alternative 1 – 235.3s
Delay – 28.1s
238th Elm travel time during PM Peak:
No build – 207.2s
Alternative 2 – 209.6s
Delay – 2.4s
o Queue lengths at Westgate
▪ Graphic identifying 50% and 95% queue length northbound and southbound during peak
hour
Alternative 1 Alternative 2
Extends queues substantially impacting
business driveways in both directions
Substantially shorter queues, does not
impact businesses any more than current
o Impacts to Bicyclists
Alternative 1 Alternative 2
Completes the bicycle lane network with a
direct connection for all cyclists through
Westgate
Southbound cyclists are required to either
share a lane with vehicles or exit onto the
sidewalk
Increases usability of corridor by cyclists Increased level of traffic stress (LTS) for
cyclists who choose to ride through the
intersection
• Additional Improvements
o Public comments indicated residents want additional pedestrian safety improvements
Edmonds City Council Approved Minutes
November 23, 2021
Page 15
o Design Team identified four intersections where enhanced pedestrian safety facilities could
bring added quality to the project
o Design Team also identified one intersection where existing pedestrian facilities could be
realigned to streamline vehicle traffic.
o None of these improvements were scoped in the original project and they would require
additional City funds to install
• Alternative 1: 9th & Pine Pedestrian improvements
o Intersection experiences significant pedestrian traffic
o Flashing beacons and potentially bulbed out curbs would increase safety
• Alternative 2: Yost Park Entrance Improvements
o Intersection sees significant pedestrian traffic (Yost Park entrance)
o Bulbed-out curbs, new parking spots, and minor intersection realignment could slow down
vehicles and increase safety
• Alternative 3: Bowdoin & Pioneer Pedestrian Improvements
o No marked crossings exist for approximately 0.8 miles between Yost Park entrance and Five
Corners roundabout
o Residents have requested safer crossings in this area, specifically
o Possible improvements such as flashing beacons and bulbed-out curbs would increase safety
• Alternative 4: 100th & 224th Pedestrian Improvements
o No marked crosswalks exist for approximately 0.6 mile between Westgate and 220th St SW
o Flashing beacons, crosswalk markings and potentially bulbed-out curbs would increase safety
• Alternative 5: Woodway Campus Entrance Improvements
o Current configuration has crosswalk north of the intersection. Pedestrians interfere with
motorists turning left to go north on 100th
o This requires longer green time to clear queues from high school and consequently more
disruptions on 100th
o Proposed configuration would mitigate disruptions to traffic on 100th by moving crosswalk to
south side of intersection
• Cost of Additional Improvements Alt 1 Alt 2 Alt 3 Alt 4 Alt 5 DESIGN COSTS Description Ped
Improve
& 9th/Pine
Yost Park
Entrance
Ped
Improve &
Bowdoin
Ped
Improve &
100th/224th
High
School
Ent
Totals
Consultants
$13,500 $17,155 $13,500 $13,500 $7,884 $65,539 CONST. COSTS Const. Contract $33,250 $58,150 $33,250 $33,250 $33,250 $191,150
Mgmt Reserve 10% $3,325 $5,815 $3,325 $3,325 $3,325 $19,115
Const. Mgmt $5,985 $10,467 $5,985 $5,985 $5,985 $34,407
1% Art $333 $582 $333 $333 $333 $1,912
Total Const.
$42,893 $75,014 $42,893 $42,893 $42,893 $246,584
Total Cost Alt $56,393 $92,169 56,93 $56,393 $50,777 $312,123
Running Total $148,561 $204,954 $261,346 $321,123
• Remaining Schedule
o Design Phase – complete spring 2022
o Construction phase – start in spring 2022 and completed in end of 2022
• Staff Recommendation
o Provide direction regarding alternatives:
▪ Alternative 1 or 2 at Westgate Intersection
- Staff recommendation – Alternative 2
o Recommended Additional Pedestrian Safety Improvements
Edmonds City Council Approved Minutes
November 23, 2021
Page 16
▪ 9th & Pine
▪ Yost Entrance
▪ Bowdoin @ Pioneer
▪ 100th & 224th
▪ Woodway Campus Entrance
Councilmember L. Johnson recalled the Council heard a lot from residents about adding sidewalks around
the City to increase pedestrian safety, indicating pedestrian safety is of parament important to citizens.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO ACCEPT ADDING THE FIVE ADDITIONAL IMPROVEMENT FROM
EXHIBIT 1 TO THE PROJECT AND USE REET REVENUE TO PAY FOR THE EXTRA
DESIGN AND CONSTRUCTION COSTS.
Council President Paine spoke in favor of the motion, explaining she used to live in the Westgate
neighborhood and it was always treacherous crossing in that area. She knew Bowdoin very well and these
improvements are absolutely essential to ensure safe pedestrian experiences in busier neighborhoods.
Councilmember Chen referred to the $65,000 design cost and asked if the design could be done inhouse
by the City’s wonderful engineering team. Mr. English answered based on workload, staff does not have
the capacity to do that work inhouse so a consultant will be used to perform the design work to keep to
the schedule. The department’s 2022 workload is tremendous and will rely on consultants and extra help
to get through the next year. Using a consultant is the only option for moving the design phase forward.
Councilmember K. Johnson read a memo she sent out earlier today to Council, Mr. English and Mr.
Hauss, “The consultant for the Sound Transit bicycle lane project identified five related pedestrian
improvement projects. They offered to do the design and construction work for five sidewalk projects to
supplement the contract for $312,123. Staff has recommended that we approve the consultant’s proposal
and pay for it with REET funds. While I appreciate the consultant’s work with the community, I do not
support the recommendation. Instead I believe their recommendation should be considered in the
upcoming update to the City’s Transportation Element. The Transportation Element of the
Comprehensive Plan has a complete list of all project proposals. They are studied and ranked according to
adopted criteria. We can certainly add the Sound Transit sidewalk projects to that list, but we would not
give those suggestions a higher priority just because they’ve been proposed by the Sound Transit bicycle
lane consultants. We have many other unfunded sidewalk projects that have been prioritized for
completion. I think it would be a mistake to fund these five proposed projects for the consultant to design
and construct. First of all, small projects such as these five proposals can be designed by our engineering
division. Maybe not in 2022 but that is not to say when these projects would be installed. Secondly, we
have a sidewalk crew that is capable of installing these projects. They can do bulbouts, they can do
sidewalk improvements. I’m not sure about the flashing beacons but we have spent a lot of money to have
them on staff and doing these kinds of projects. We currently have a 2-member sidewalk crew who is a
concrete crew and they do bulbouts, all kinds of work involving sidewalks so we do not need to pay the
consultant for this work at the cost of $312,123. So in conclusion, thank you very much for identifying
these sidewalk projects and I appreciate the work you’ve done with the community. I promise we can
study these when we update our sidewalk list in the Transportation Element of the City’s Comprehensive
Plan. We can prioritize the suggestions using our adopted criteria and implement them based on their
relative priority.”
Councilmember Olson said she was glad to receive that information from Councilmember K. Johnson to
be able to think about it in advance. As someone who walks in the area regularly, she was excited about
all the beneficial pedestrian improvements that were identified and gave kudos to the consulting team. In
creating safety for bicyclists in this project, there were some impacts on parking and decisions were made
Edmonds City Council Approved Minutes
November 23, 2021
Page 17
to move parking to the other side of the street. That may result in more crossings, making the crosswalks
more important to access cars on the other side of street. With regard to the intersection at Yost Park, the
second highest priority identified, she agreed that intersection was currently unsafe for cars, pedestrian or
bicyclists. Encouraging more bicyclists with the bike lanes without addressing those issues could make
that intersection even worse. Although she liked Councilmember K. Johnson’s thought process and
encouraging Council to look at the big picture, she will support these changes. This team, including Ryan
Hauge and the bicycle consultant, have been great to work with. She relayed two citizens contacted her,
happy that the team listened and included in the plan ten parking spaces on the access road west of the
entrance to Yost pool to replace parking lost on Bowdoin. She asked Mayor Nelson why that was no
longer included in the plan and hoped the spaces could be included as part of the bicycle project.
Mayor Nelson said he will look into it, but those parking spaces are only used 5% of the time.
Councilmember Olson pointed out they are used during big events like birthday parties, pickleball
tournaments, etc. Mayor Nelson declined to comment as he believed it was not appropriate.
Councilmember Olson said she looked forward to the appropriate time.
Councilmember Buckshnis referred to page 45 of the CFP where it shows REET 125, but the amount is
$238,919 versus $312,123. She asked which number was correct. Mr. English answered it was a function
of timing. The CFP numbers were developed in July; a decision on these improvements was anticipated in
September with funding allocated via a third quarter budget amendment. The $238,909 for construction
was programmed in 2022 for the five alternates. The amount needed now includes the design effort.
Councilmember Buckshnis asked if flashing lights and bulbouts were needed in Alternate 3, noting she
has received a lot of comments from citizens who do not like bulbouts. Mr. English answered that would
be considered in the design; some of it is the function of geometry and evaluating offsets with travel lanes
and bike lanes. Bulbouts are known to provide safer crossings because pedestrians are more visible and it
is a shorter distance to cross. There is a balance to designing them so they do not impact turning
movements and other vehicular activity. Councilmember Buckshnis asked if both bulbouts and flashing
lights were needed. Mr. English answered both were not required; the flashing beacons could be provided
if it was determined that bulbouts were not the right solution.
Councilmember Buckshnis said she was in favor of the five improvements until she read Councilmember
K. Johnson’s email. She likes to do things globally and recognized changes needed to be made to the
Comprehensive Plan. She asked when the Transportation Element was due. Mr. English answered it is in
the budget to start in 2022 but completion will likely align with the overall Comprehensive Plan
amendments in 2023. Councilmember Buckshnis asked if waiting for the Transportation Element would
result in additional construction costs. Mr. English answered yes, noting he was even concerned about the
numbers generated 4-5 months ago and shown tonight given what is happening with inflation and the cost
of materials. The intent is to build these improvements in 2022.
Councilmember Buckshnis asked if a public hearing was needed to discuss the improvements, relaying
residents on Dayton were concerned with the bulbouts. Mr. English answered there has been a very robust
public outreach effort. In response to comments that the consultant generated these improvements, he
pointed out they were actually the result of public feedback during the public outreach. Councilmember
Buckshnis agreed citizens have gloated over fact that these improvements were included. She
recommended the CIP numbers be accurate.
Councilmember Fraley-Monillas commented some seem to think the 2-person sidewalk crew can fix
everything. She asked how many miles of sidewalks there were in Edmonds. Mr. English answered it is a
lot. Councilmember Fraley-Monillas pointed out a 2-person sidewalk crew would not be able to fix one
area over another. She lives in an area without sidewalks or lighting except for the sidewalk on 76th. It is
Edmonds City Council Approved Minutes
November 23, 2021
Page 18
unrealistic to talk about the sidewalk crew that can only work 3-4 months of the year due to weather. Mr.
English said they work longer than that; they work on dry, cold days but obviously are not working when
it is raining. Councilmember Fraley-Monillas summarized depending on the 2-person sidewalk crew for
this huge City is probably not the best option.
Council President Paine said she was excited about the sidewalk projects getting underway and the sooner
the better. She like bulbouts, but did not like the flashing lights as much. These improvements are a great
way to go to improve sidewalks and walking paths throughout the City. It is important to have these
amenities along bike lanes and she would love to see them included in the CIP for 2022.
Councilmember Olson said she did not like bulbouts, but saw their value at the Yost Park entrance
intersection. She recommended minimizing bulbouts except for that one place where they do add value.
Councilmember Fraley-Monillas suggested people visit 76th where there are bulbouts and flashing lights
due to traffic speeds. Bulbouts slow traffic and the flashing lights allow vehicles to stop for people
crossing the street. She acknowledged it may depend on how busy an area is.
Councilmember K. Johnson said if bulbouts are along bicycle routes, consideration needed to be given to
whether they are impeding bicyclists because they should not be weaving in and out of traffic and should
have a straight shot on their bicycle route.
Councilmember Chen said his personal experience with bulbouts and flashing lights is they direct drivers’
attention and slow traffic. As he doorbelled in the City, traffic was residents’ number one concern. These
five projects are a drop in the bucket and that effort needs to continue. He expressed support for the five
projects.
UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS CHEN, FRALEY-
MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE
VOTING YES; COUNCILMEMBER K. JOHNSON VOTING NO.
Mr. English requested Council provide direction regarding the Westgate intersection. Staff’s
recommendation is Alternative 2.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON,
TO ACCEPT ALTERNATIVE 1 OF THE BIKE LANE SOUND TRANSIT PROJECT.
Council President Paine relayed her strong preference for Alternative 1 which she realized went against
the staff recommendation. She appreciated all the work that has been done and the process, but wanted to
ensure safety for bicyclists and pedestrians. Having traffic delayed by a few seconds at that intersection is
a courtesy that can be given to bicyclists. She was hesitant to use sharrows which are not technically a
part of bicycle markings. She wanted to ensure the City was doing the most efficient and safest thing for
bicycles by having both a north and south bound path.
Councilmember L. Johnson said the City is undertaking this project to encourage more biking and to
improve safety and as has been acknowledged, bike lanes are considerably safer than sharrows. While she
appreciated all the work that has been done, she had a strong preference for Alternative 1. The few
seconds delay for a few hours of the day is an acceptable tradeoff for having the other half of the road be
just as safe. If the City is doing this project, she wanted to do it right and have safety coming and going.
Councilmember Fraley-Monillas asked about the major differences between Alternatives 1 and 2. Mr.
English answered Alternative 1 provides a bike lane in both directions but it removes a travel lane in each
direction, leaving only a through lane.
Edmonds City Council Approved Minutes
November 23, 2021
Page 19
Councilmember Olson said the Council just thanked staff for listening to the public. She attended all the
sessions and the public did not support Alternative 1. There are already annoying delays at that
intersection, longer than people want to have and another 28 seconds will be noticeable. She recalled a
previous presentation about the bike lanes where Alternate 3 included all sharrows and would rather
consider that option over Alternative 1. She preferred to make the compromise of a 2.4 second delay in
Alternative 2. She suggested the Westgate intersection be considered for improvement if the City received
any infrastructure funds. Alternative 1 puts 12 pounds of sausage in an 8 pound casing which doesn’t
work. She preferred to put the 12 pound sausage in the 11 pound casing with Alternative 2 and hope that
the City gets infrastructure money to deal with the bigger problem later.
Councilmember Buckshnis did not support Alternative 1 as she did not want to degrade a major
intersection from a level of service (LOS) C to D and the public was never told that drive lanes would
eliminated. She agreed with staff’s recommendation, recognizing that that alternative had been well
thought out. There are not a large number of bicyclists that ride in this area but that could increase if
society changes its use of vehicle and bicycles. This is a major intersection and she did not want it to be
degraded just to facilitate bike lane enthusiasts.
Councilmember Chen referred to packet page 121, the side-by-side comparison of the length of wait time,
and asked about the confidence level in the models. Mr. Para answered the models were developed during
COVID so there is a bit of a conservative estimation. A lot of the data was collected during the pandemic,
but pre-pandemic data as well as regional models developed pre-pandemic provided another data set to
collaborate the model. They applied industry standards for transportation modeling of the intersections.
He had a high level of confidence in the data provided in the report. As with any traffic analysis, the
further out, the lower the level of confidence is as trends change.
Councilmember Chen said given that information, he did not support taking away one travel lane when
the majority of people rely on automobiles. It will create lengthy backups that block traffic to businesses
in the area creating inconveniences for shoppers, people going to the ferry, etc. He joked that a 28 second
delay could cause someone to miss the ferry. Based on information provided and his personal experience,
he supported the staff recommendation of Alternative 2. Mayor Nelson pointed out ferry riders would not
be traveling in that direction unless they were cutting into the ferry lane.
Councilmember L. Johnson clarified in Alternative 1, the through/right turn will be right turn only. Mr.
English referenced a diagram of the existing condition at the Westgate intersection, explaining in the
northbound direction there is a dedicated left, dedicated through and a combination through/right. In the
southbound direction, there is a dedicated left, dedicated through and a combo right/through.
Councilmember L. Johnson observed Alternative 1 would have a dedicated left, dedicated through and
dedicated right. Mr. English agreed. Councilmember L. Johnson pointed out Alternative 1 increased the
travel time by 26 seconds. She asked the hours represented by the peak. Mr. Para answered the increase in
travel time is based on the PM peak hour.
Councilmember L. Johnson summarized for one hour/day, there would be a 26 second increase but that
would allow dedicated bike lanes in both directions. She preferred to put bicycle safety over a 26 second
1 hour/day delay, commenting that was a no-brainer; dedicated bike lanes in both directions versus a 26
second delay for 1 hour/day. If the City is doing this project, it should be done right. By accepting this
grant the City is saying it needs bike lanes and wants to increase the number of people using alternative
transportation, yet some are stuck on 26 seconds for one hour of the day. It will be a real loss if the
Council does not approve Alternative 1 and does not prioritize the safety of bodies. She referred to the
analogy to a sausage made earlier, pointing this was about protecting bodies on the road. She will wait 26
seconds every hour of the day to provide a bike lane so people can travel the safest way possible.
Edmonds City Council Approved Minutes
November 23, 2021
Page 20
Councilmember Fraley-Monillas agreed with Councilmember L. Johnson about 26 seconds, and asked
how much time is worth saving a life? She expressed support for the motion.
COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO AMEND TO ADOPT ALTERNATIVE 2.
Councilmember K. Johnson commented if anyone was concerned about their safety, they can dismount
and walk across. This is one of most dangerous, accident prone intersections in the City, it is a highway of
statewide significance with logging trucks and all kinds of vehicles coming off the ferry using SR-104. As
a former bicyclist or observing someone on a bike, she would be very concerned if they used a dedicated
bike lane juxtaposed between a right turn lane and another lane. She pointed out a 26 second delay is the
difference between LOS C and D which she did not find acceptable for motor vehicles which is the
primary mode of traffic at that intersection. There are two classes of bicyclists, professionals who can ride
in any traffic lane and a sharrow is no problem for them, but everyone else needs to take a safer approach
and perhaps dismount. She was more concerned about the safety of bicyclists traveling in traffic because
they have no protection against a 2,000 pound vehicle and motorist are not used to seeing bicyclists in
travel lanes in Edmonds. For those reasons, she supported staff and the consultant’s recommendation for
Alternative 2.
Councilmember Chen said his earlier reference to the ferry was people driving northbound on 100th and
turning left to the ferry. Mayor Nelson said he stood corrected. Councilmember Chen agreed with
Councilmember K. Johnson that unskilled cyclists should dismount onto the sidewalk and across the
street. As a cyclist with 24 years’ of experience, he would just ride through the intersection.
Council President Paine did not support the motion as she continued to support Alternative 1 for the
following reasons: bicyclists are legal vehicles and have as much right to the road, safety is everyone’s
responsibility including those driving cars, and people would happily tolerate a 26 second delay for one
hour in the afternoon to ensure safe passage for bicycles. She summarized even without bike lanes,
drivers need to be safe around bicycles and bicyclists are legal vehicles on the road.
Councilmember Fraley-Monillas was amazed the Council was fussing about bike lanes at the Westgate
corner of Edmonds Way & 100th when people are cutting across 7 lanes of traffic on Highway 99 where
crosswalks are nearly a mile apart. The issues in neighborhoods along Highway 99 face will continue
regardless of whether she is on the Council.
Councilmember K. Johnson raised a point of order, suggesting Councilmembers speak to the motion.
Mayor Nelson commented Councilmembers often use examples of something else to contrast and
compare. He was giving all Councilmembers the same latitude in debating the issue.
Councilmember Fraley-Monillas commented she expected nothing less from the people who objected to
her statement. Highway 99 is 7 lanes versus a couple lanes at 100th & Edmonds Way. If bike lanes are put
in, they should be the safest ones north and south along that corridor.
COUNCILMEMBER BUCKSHNIS CALLED THE QUESTION. UPON ROLL CALL, VOTE TO
CALL THE QUESTION CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, CHEN, FRALEY-
MONILLAS, BUCKSHNIS AND OLSON VOTING YES; COUNCIL PRESIDENT PAINE AND
COUNCILMEMBER L. JOHNSON VOTING NO.
UPON ROLL CALL, MOTION [TO APPROVE ALTERNATIVE 2] CARRIED (4-3),
COUNCILMEMBERS K. JOHNSON, CHEN, BUCKSHNIS AND OLSON VOTING YES;
Edmonds City Council Approved Minutes
November 23, 2021
Page 21
COUNCILMEMBERS FRALEY-MONILLAS AND L. JOHNSON AND COUNCIL PRESIDENT
PAINE VOTING NO.
If the Council approved Alternative 2, Councilmember Buckshnis asked, what motion was on the table.
Councilmember Fraley-Monillas answered the Council still needed to vote on the motion.
Councilmember L. Johnson pointed out earlier discussion about losing a lane of traffic is a
mischaracterization; one lane of traffic becomes a right turn only. Earlier discussion also stated bicyclists
would only need to dismount at the intersection, however, according to what she was reading, it was
approximately a block before and after the intersection. She suggested information be stated correctly, it
not just the intersection but leading up to and exiting the intersection.
Councilmember Olson said if corrections were being made, another correction was the delay is 28.1
seconds instead of 26 seconds which was stated incorrectly 6 times. One of the big reason for adding bike
lanes is the big picture environment which she supports 100% and having cars idle at the intersection that
long is counterproductive.
Councilmember Buckshnis pointed out although bicycles are legal vehicles, they do not travel 24/7 or in
inclement weather like snow. Alternative 1 would degrade this very important intersection from LOS C to
D. She reiterated her support for Alternative 2, the staff recommendation.
Mayor Nelson restated the motion as amended:
AUTHORIZE STAFF’S RECOMMENDATION, ALTERNATIVE 2.
City Clerk Scott Passey said the amendment to approve Alternative 2 was a completely different solution
which should have been treated as a substitute motion. Since it was treated a quasi-amendment, the
Council was technically voting on Alternative 2 again. Since the Council had already voted on Alternative
2, it is not necessary to vote again.
3. 76TH AVE OVERLAY PROJECT - PROPOSED NORTHBOUND BIKE LANE
Capital Project Manager Ryan Hague. Mr. Hauge reviewed:
• Project Introduction & Background
o City pursued and won a $645K PSRC grant in 2018 for overlay of 76th Ave W from 196th St
SW to Perrinville
▪ Design funds became available in 2021
▪ Construction funds are available in 2022
o Project is a collaboration with City of Lynnwood
o Design contract was approved in April, 2021.
o City of Edmonds staff, following City’s Complete Streets Ordinance #3842, identified an
opportunity to add a northbound bicycle lane by eliminating parking on the west side of the
road throughout much of the corridor.
o Parking surveys confirmed very limited parking demand on the west side of 76th south of
Perrinville and heavy parking demand in Perrinville
o City of Lynnwood concurs with the addition of a northbound bike lane and it is consistent
with their draft Active Transportation Plan
o New bike lane would end at south end of Perrinville
o Residents were notified and negative feedback was limited to only one resident
• Area Map
• Parking Survey Data
o Parking counts were performed morning and afternoon on the following dates:
▪ Monday, Aug 30
Edmonds City Council Approved Minutes
November 23, 2021
Page 22
▪ Wednesday, Sep 1
▪ Thursday, Sep 2
▪ Sunday, Sep 5
o Zone 1: 195th to 194th
East
Total Stalls 4
Average Usage 0.1
Max Usage 1
o Zone 2: 194th to 193rd
West East
Total Stalls 12 7
Average Usage 1.1 1.3
Max Usage 2 2
o Zone 3: 193rd to 191st
West East
Total Stalls 12 12
Average Usage 0.4 0.3
Max Usage 2 2
o Zone 4: 191st to 190th
West East
Total Stalls 15 9
Average Usage 0 0.1
Max Usage 0 1
o Zone 5: 190th to Perrinville
West East
Total Stalls 52 28
Average Usage 0 4.1
Max Usage 0 6
o Zone 6: Perrinville
West East
Total Stalls: 27 28
Average Usage 16.3 9.5
Max Usage 23 12
• Existing Section
o 76th Ave South of Perrinville
▪ Parking on both sides
▪ Southbound bike lane on left side
▪ Two travel lanes
o 76th Ave in Perrinville (no change)
▪ Parking on both sides
▪ 6’ bike lane
▪ Two travel lanes
• Proposed Section
o 76th Ave South of Perrinville
▪ 6’ foot bike lane on Lynnwood side
▪ Buffer between bike lane and parking
▪ Two travel lanes
▪ 5’ bike lane on Edmonds side
Edmonds City Council Approved Minutes
November 23, 2021
Page 23
Mr. Hauge relayed information received from outgoing Councilmember Distelhorst that the buffer should
be between the bike lane and the parked vehicle lane. After researching the data, staff agrees with that
design guidance. He continued his presentation:
• Paving Project Schedule
o Design phase
▪ Complete in Winter, 2021-22
o Construction phase
▪ Start in Spring, 2022 and complete by end of Summer, 2022. Striping to occur in mid-
Summer
▪ Preliminary Construction Estimate = $1,066,799
- $579,216 – Edmonds (more ramps than Lynnwood section)
- $487,583 – Lynnwood
Mr. English said staff’s recommendation is to add the northbound bike lane.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
OLSON, TO ADD A NORTHBOUND BIKE LANE.
Councilmember Buckshnis agreed with having the buffer between the bike lane and the parking. She
pointed out Lynnwood was getting a bike lane and Edmonds was paying $100,000 more than Lynnwood.
Mr. Hague answered this is a paving project, not a bike lane project; the additional cost is due to paving.
Mr. English said there are more ramps, more pavement work related to access roads, and some storm
drainage work on the Edmonds side.
Councilmember Chen asked if there had been a public hearing on the project and if not, was one needed.
Mr. English said there had not been a public hearing on this project.
Councilmember K. Johnson asked why the bike lane on the Edmonds side was 5 feet and the bike lane in
Lynnwood was 6 feet. Mr. Hague answered a 5-foot bike lane is standard against a curb and a 6-foot bike
lane is standard against parked vehicles.
Councilmember L. Johnson commented the discussion is regarding a Lynnwood side and an Edmonds
side but bicyclist are not concerned about that. This was not giving anything to Lynnwood; it was
providing bike lanes for Edmonds and Lynnwood so it was a win-win for both cities.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO ACCEPT THE PROPOSAL AS CHANGED TO INCLUDE THE ADDITION OF
THE BIKE LANES.
With regard to Councilmember Chen’s question about a public hearing, Councilmember Olson said she
was pleased to learn that postcards were sent to residents and that residents were happy with the proposed
change. This is a main road to Edmonds College that has students of all ages and she was happy to have
the bike lanes. Knowing that residents had an opportunity to weigh in, she was satisfied with proceeding
without a public hearing.
Councilmember Fraley-Monillas commented this is a great project and will help the people who live in
Edmonds. She encouraged the Council to support this project.
MOTION CARRIED UNANIMOUSLY.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY.
Edmonds City Council Approved Minutes
November 23, 2021
Page 24
4. COUNCIL VOTE TO RETURN MEETINGS TO VIRTUAL PLATFORM IN LIEU OF IN-
PERSON MEETING
Council President Paine explained this is a discussion about returning to in-person, remaining virtual or
considering a hybrid. She asked staff to speak to technology issues in Council Chambers related to a
hybrid model. GIS Analyst Dave Rohde recalled the Council held hybrid meetings for 3-4 weeks in the
past. Staff was able to create an environment where the public, Councilmembers and staff could
participate via Zoom. It was possible in a pinch but long term it may not be the most stable or consistent
platform. Staff could explore options for a more permanent solution if that decision was made. If the
decision was to temporarily hold hybrid meeting for a couple months, staff could support that knowing
everyone is flexible. It depends on the vision for future Council meetings.
Council President Paine asked the estimated cost of a successful hybrid solution. Mr. Rohde answered it
was potentially a few thousand to $10,000-$20,000 at the high end depending on whether consumer grade
products continue to be used versus professional grade where AV professionals install a system. He said
the cost is the least of the worries, the issue is determining the Council’s long term decision and what will
be the most reliable with the least interruptions.
Councilmember Olson commented if there was one small bit of lemonade out of the pandemic saga, it is
that the hybrid platform includes more people. There are people who want to attend in person, but there
are people who are busy with kids at home, have mobility issues or who are ill but still have something to
say who would rather participate virtually. She was excited to continue with a hybrid model and although
she wanted to be up and running as soon as possible, she recognized it was important to invest in the right
technology to provide a good, stable platform for hybrid meetings going forward.
Councilmember Fraley-Monillas commented public health is not going back yet, and this discussion is
about doing it for a reason. She suggested Councilmembers all return in person and the public participate
via Zoom, although she noted it was not a very safe position.
Councilmember Buckshnis said she has always supported a hybrid meeting format and supported in-
person meetings. She recalled Councilmember Fraley-Monillas saying previously that she was not
comfortable returning to in-person meetings and there may be people who are not feeling well and prefer
to stay home. She supported returning to in-person meetings, noting citizens are upset their voices are not
being heard and that their faces cannot be seen because a person’s face says a lot. She supported investing
in the technology required for hybrid meetings, noting a lot of other cities and organizations thorough the
United States are holding hybrid meetings.
Councilmember K. Johnson said she supports hybrid meetings because that allows people to opt in or out
depending on their level of comfort. She suggested looking at what other cities doing, relaying that the
City of Port Townsend uses a hybrid model and are able to view the public which is missing from
Edmonds’ meetings. The Council receives a lot of public comments, but the Council cannot see the
speakers and it would be nice to have them in the gallery along with the Council. She suggested looking
into technology that would accommodate that.
Councilmember L. Johnson said Snohomish County’s rates for the last two weeks were 352
cases/100,000 population, the same rate as last winter when everyone was extremely concerned and with
winter approaching, the expectation is for something similar. The rates this summer when the Council
voted to return to in-person meetings were 68/100,000. As of yesterday, there are 3,652 confirmed cases
in Edmonds; 3,370 have recovered though some still struggle with the challenging effects of long haulers
syndrome. Returning in-person impacts staff and everyone has a different story at home related to who
they are trying to protect. She agreed with setting up the technology to allow for hybrid meetings, but the
Edmonds City Council Approved Minutes
November 23, 2021
Page 25
only hybrid option she would support would be if Council attended in-person because it would be a more
controlled environment with adequate spacing, possibly verifying vaccination status, and requiring masks.
In that scenario, the public would attend via Zoom. That was the most she was willing to ask staff to
accept at this point. That would allow Councilmembers to know who would be present each week and
their status, versus not knowing who from the public will attend and what their status is. She was not
interested in a hybrid option that had no assurances about who would be present or their vaccination
status due to the difficulty with enforcing mask mandates.
Council President Paine said she was not in favor of returning in-person but did support beginning the
process to identify technology solutions for a hybrid model and suggested that could be undertaken in the
first quarter of 2022. As Councilmember L. Johnson mentioned, having Council in-person and staff
making presentation in Council Chambers and the public participating via Zoom, is being done by
Mountlake Terrace. The numbers are not going down fast enough to ensure in-person meetings would be
following public health guidelines and regardless of vaccination status, breakthrough cases are happening
more and more frequently. She summarized a hybrid solution is important for the community and will
require having the right technology in place and functioning which may take a few more months. She
recalled the last time Council was in-person in Chambers, the microphones didn’t work well and another
time a computer went to sleep resulting in a 45 minute delay.
Councilmember Fraley-Monillas said for now if all Councilmembers came back other than an occasional
illness, having the Council in-person is a good thing. Having citizens participate via Zoom is safer for
them and safer for the Council. She has been deeply involved with public health for the last 11 years and
today they were talking about the potential for more cases as more activities move indoors. Three of the
19 cities in Snohomish County have returned to in-person meetings; the health district has not returned in-
person. She questioned the wisdom of returning to in-person meetings due to pressure from some
individuals. She preferred to continue to have the public attend via Zoom.
Councilmember Chen asked whether the Council could, 1) require citizens to wear masks, and 2) require
proof of vaccination to be present to provide comment. City Attorney Jeff Taraday said there are probably
differences of opinion; the legal guidance on that question is not as clear as he would like. In the past he
has provided conservative advice that the Council not limit who can attend in-person Council meetings.
The Governor’s proclamation regarding that issue is not crystal clear so lacking clarity, he cannot assure
that there would not be litigation from placing that requirement on attendance at a public meeting. He has
heard through the grapevine that other cities are doing that; he heard that Mountlake Terrace was doing
something he did not know was legal. He summarized he did not know if it was legal to require masks
and proof of vaccination.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO EXTEND FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY.
Mr. Taraday said sometime the guidance provided is not very clear. The law is a year old and there have
not been any cases interpreting it so every lawyer has their own spin on what the Governor’s
proclamation means. He has erred on the side of caution in his advice so the City did not have a lawsuit.
Knowing there are cities doing it, Councilmember Olson said she would assume there was a legal way to
do it.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO
ADD AN IN-PERSON OPTION TO THE VIRTUAL OPTION AND IMPLEMENT IT AT THE
START OF THE NEW CALENDAR YEAR TO GIVE THE STAFF AND LAWYER TIME TO
FIGURE OUT HOW TO DO THAT.
Edmonds City Council Approved Minutes
November 23, 2021
Page 26
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO AMEND TO HAVE COUNCILMEMBERS GO BACK IN-PERSON AND
COMMENTERS AND ATTENDEES WILL ALL BE DONE VIRTUALLY THROUGH ZOOM.
Since the intent was to have this begin at the first of the year, Councilmember Buckshnis suggested
letting citizens and Councilmembers decide if they want to attend in-person or not. She preferred to figure
out a hybrid option in January.
Councilmember Fraley-Monillas said citizens want Council to return in-person in Chambers and she did
not understand why any Councilmember would object to doing that. The more controversial issue is
whether citizens are allowed to only attend via Zoom. In her professional opinion that was safer for them
and the Council.
Mayor Nelson referred to the issue of whether it was legal to have a meeting where the Council meets in-
person but public cannot attend. Mr. Taraday advised the Council has to at least provide a phone line,
there does not have to be Zoom or video, for people to call in and that includes Councilmembers. He did
not think Councilmembers could be required to attend in-person as long as the Governor’s proclamation
is in effect.
Councilmember L. Johnson said she was asking to create an environment where Councilmembers feel
safe enough and comfortable to come back, an environment that is predictable, that staff knows what they
are getting into. She did not want to force Councilmembers to return in person, but if an environment was
created that was as safe and as predictable as possible and provided plenty of space, the Council should be
able to return and do the people’s business. Other scenarios are unpredictable and change from week to
week which she was not comfortable with. The intent of the amendment is to provide an atmosphere
where everyone knows what they are getting themselves into. It sounds like everyone is interested in
researching a hybrid model so if this amendment fails, she will make another one.
Councilmember Fraley-Monillas agreed with Councilmember L. Johnson that that was the safest way to
move forward. If Edmonds was the in the minority in Snohomish County returning to in-person meetings,
she would not find it so objectionable, but only 3 of 19 cities in Snohomish County are meeting in person.
She summarized having Council come back and having citizens online is a good start.
Councilmember K. Johnson did not support the amendment.
Council President Paine said she wanted to have a good hybrid option for the community. She did not
think the Council was ready to come back yet, the numbers are still too high, breakthrough cases are
happening too often and she agreed with Mr. Taraday. The format has to be safe for everyone including
ensuring people do not contract a disease while in Council Chambers. She supported getting the right
equipment in place but was not ready to return in person.
Mr. Taraday referred to the Governor’s proclamation, explaining four things need to be satisfied to have
an in-person meeting but the one that pertains the most to this discussion is number 2, “Any person
wishing to attend in person a public meeting with an in person component must be able to do so at a
physical location meeting the requirements herein either in a primary meeting location or an overflow
physical location that provides the ability for all persons attending the meeting to hear each other at the
same time.” He did not think the Council Chambers could be opened to just electeds and not have the
public present.
Councilmember Olson reminded the motion was for implementation of hybrid meetings for the first
meeting in January which provides time to develop technology as well as time for people to get boosters.
Some of the breakthrough cases are due to people being six months out from their original vaccinations.
Edmonds City Council Approved Minutes
November 23, 2021
Page 27
She anticipated the numbers will turn around and if something drastic happens between now and January,
a change can be made. She summarized the first meeting in January was a good target date.
Councilmember L. Johnson amended her amendment:
REMOVE THE PORTION ABOUT JUST THE COUNCIL COMING BACK, AND START THE
PROCESS OF WORKING THE TECHNOLOGY OUT AND REVISIT THIS AT THE FIRST
MEETING OF THE YEAR ONCE THE TECHNOLOGY IS IN PLACE WHEN WE CAN
REVIEW WHERE THE NUMBERS ARE AT AND MAKE AN INFORMED DECISION AT THAT
POINT ONCE WE KNOW WE HAVE THE TECHNOLOGY AND ARE AT LEAST STARTING
TO GET A WINDOW INTO WHAT IS GOING TO BE THE FALLOUT OF THE HOLIDAY
SEASON AND PEOPLE GETTING TOGETHER AND WHETHER THERE WILL BE A SPIKE
IN THE NUMBERS.
Mayor Nelson restated the motion:
REVISIT THE ISSUE JANUARY 1ST WITH THE IDEA OF EVENTUALLY GOING BACK TO A
HYBRID MODEL AND BETWEEN NOW AND THEN RESEARCH THE TECHNOLOGY TO
ENABLE HYBRID MEETINGS.
Mr. Rohde said a temporary hybrid could be set up in month with no problem. Mayor Nelson said the
intent is a permanent, reliable hybrid solution. Mr. Rohde said it took him five months to hire a computer
tech specialist, it will take an unknown amount of time to hire someone for this. It depends on the level of
liability the Council wants; if the intent is no issues and things solved immediately when they happen,
that will require someone to be onsite which will be a long term situation and be more difficult to fill. The
temporary situation like was done a few months ago could be taken care of in a month. Mayor Nelson
said the interest is considering what this will look like long term such as costs, staffing needs, etc. Mr.
Rohde advised ideas could be developed in a month but implementation would take some time.
Councilmember Fraley-Monillas said just because someone had two vaccinations and a booster did not
mean they would not get COVID. People with boosters are still having breakthrough COVID cases.
Council President Paine expressed total support for getting information and the requirements for a long
term for a hybrid model because that direction is important for the City.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
EXTEND TO 10:45. MOTION CARRIED (5-1-1), COUNCILMEMBER FRALEY-MONILLAS
VOTING NO AND COUNCILMEMBER K. JOHNSON ABSTAINING.
Councilmember K. Johnson said she was not in support of the revised motion but wanted to comment on
the main motion.
Councilmember Olson expressed support for the amendment, but also wanted to vote on the main motion.
COUNCILMEMBER BUCKSHNIS CALLED QUESTION. VOTE TO CALL THE QUESTION
CARRIED UNANIMOUSLY.
Councilmember L. Johnson restated the amendment:
RESEARCH THE TECHNOLOGY, GET ALL THAT INFORMATION AND COME BACK AT
THE FIRST OF THE YEAR WITH THAT INFORMATION IN HAND AND DECIDE WHAT WE
WANT TO DO FROM THERE. BY THEN WE’LL START TO GET THE HEALTH
DEPARTMENT INFORMATION AT THE SAME TIME SO WE CAN MAKE AN INFORMED
DECISION.
Councilmember L. Johnson restated the motion again:
Edmonds City Council Approved Minutes
November 23, 2021
Page 28
TO START THE PROCESS OF RESEARCHING WHAT OUR OPTIONS ARE FOR A HYBRID,
WHAT COST AND COME BACK WITH THAT INFORMATION AT THE FIRST MEETING IN
JANUARY AND WEIGH THAT WITH THE INFORMATION COMING IN FROM SNOHOMISH
COUNTY HEALTH AND MAKE THE DECISION ABOUT WHAT WE WANT TO DO AT THAT
POINT.
Councilmember Chen observed that was another entire month. Mayor Nelson said the intent would be to
continue meeting virtually and revisit this in January.
Councilmember Fraley-Monillas commented Councilmember Chen may not be aware the Council is not
meeting the lasts two weeks of December. Mayor Nelson advised the Council has two more meetings
scheduled, December 7th and 14th.
UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCILMEMBERS CHEN, FRALEY-
MONILLAS, L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES;
COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING NO.
Mayor Nelson advised the main motion was now irrelevant.
9. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS
1. OUTSIDE BOARDS AND COMMITTEE REPORTS
10. COUNCIL COMMITTEE REPORTS
1. COUNCIL COMMITTEE MINUTES
11. COUNCIL COMMENTS
Councilmember Chen read a statement, “Friends and neighbors, tonight you make history by electing a
first generation Chinese American, a naturalized citizen, to Edmonds City Council. You show the world
that Edmonds is an open and welcoming community. I am humbled by your support and honored to have
your trust. I look forward to representing you on the Council. As always, I will do my best to balance my
deeds and decisions and look out for the best interest of Edmonds as a whole, not just part of the City. I
want to thank my family, friends, volunteers, campaign team supporters and the countless members of the
community who stood by my side during the last ten months of the campaign. This election victory is not
about me, but making sure everyone has a voice. I’m committed to working for Edmonds and hope that in
time…”
Councilmember Fraley-Monillas interrupted with a point of order, stating it was not legal to talk about
campaign stuff on City airwaves. City Attorney Jeff Taraday answered there was no campaign; the filing
deadline is about 18 months away. Councilmember Fraley-Monillas asked whether Councilmember Chen
could thank those who helped him get elected Mr. Taraday reiterated there is no campaign pending right
now. Councilmember Fraley-Monillas apologized to Councilmember Chen.
Councilmember Chen continued, “I also want to thank my opponent, Janelle Cass, for conceding with
honor and dignity. You and your supporters have run a very successful campaign and the election results
reflect your hard work. Although we have some differences in political views and policies, I truly believe
that we can be united by our common love of our city. I look forward to working with our mayor, city
staff, my council colleagues and most important, you, the people of Edmonds, to ensure that our
community continues to be the best city for all who choose to live and work here. From the bottom of my
heart, thank you Edmonds.”
Edmonds City Council Approved Minutes
November 23, 2021
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Councilmember L. Johnson gave a warm welcome to Councilmember Chen. She encouraged everyone to
use caution if/when gathering with friends and family during the coming days. There are a number of
things people can do besides avoiding it all together including purchasing self-tests, getting tested ahead
of time, choosing to wear masks, etc. She urged everyone to used caution, anticipating the coming months
will be rough.
Councilmember Buckshnis welcomed Councilmember Chen and said she was happy to have another
finance person on the Council for the next four years. She thanked everyone who contacted her last week,
explaining there are many things going on and many questions about the Open Public Meeting Act, the
timing, postings, the adjournment procedures, etc. A former auditor, she contacted the state auditor’s
office and they will likely include any issues during their audit in 2022. Councilmember Olson has
obtained information from MSRC. If any improprieties are found, rather than repealing the budget, it will
be reopened. The investigation will continue as there are two meetings remaining in 2021. She advised
this was not a threat but factual information. She expressed appreciation for citizens who have been
working tirelessly to provide RCWs, information about adjournment procedures, etc. She wished
everyone a Happy Thanksgiving, be safe and enjoy their family.
Councilmember Fraley-Monillas said the budget process is important and electeds not participating in it
over time is an issue. The budget is one of the foremost basic things the Council does and not
participating it as a point of rebellion because they did not get their way was inappropriate. There was a
good budget process with a number of public meetings. Unfortunately, 80% of the comments at public
meetings were regarding the process and not what they wanted to see in the budget. She commented the
auditor’s office was receiving a full understanding of what’s been occurring. She wished everyone a
Happy Thanksgiving.
Councilmember Olson reminded of a significant, emotional event; in 2016 Senate Majority Leader Mitch
McConnell denied President Obama the opportunity to fill a supreme court vacancy that occurred during
his term. This moved this important, right duty to another president whose selection he and the senate
majority would prefer. In 2021 Edmonds City Council President similarly moved the important budget
vote out of Councilmember Chen’s term and into the term of a Councilmember that she and a majority
preferred. Councilmember Chen’s term began today, November 23rd, well before the historic window for
budget passage, December 5-16. This is obviously not about partisanship. Things that undermine good
government and public trust should not be done even if they are legal and even if you have the political
power and can. The 2022 budget process to date was wrong, but whether the budget process is legal or
illegal in addition to wrong, that is unknow and she is pursuing that through MRSC. Choices of what to
do will be considered after that is determined. She welcomed Councilmember Chen and was happy to
have him on the Council. She wished everyone a Happy Thanksgiving.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON,
TO EXTEND TO 10:55. MOTION CARRIED UNANIMOUSLY.
Councilmember K. Johnson welcomed Councilmember Chen, commenting they were both certified to
their positions today, a happy day. Thursday will also be a happy day as everyone celebrates
Thanksgiving. She expressed her disappointment in the way the budget calendar was revised to fit
Councilmember Distelhorst’s departure and it was evident the majority wanted his vote because without
it, they might not be in the majority. She was very surprised Monday night that there would be a Tuesday
night meeting that she was unable attend. She referred to disparaging remarks made about
Councilmember Buckshnis’ absence, pointing out the wedding she attended was planned a year in
advance with no understanding or anticipation that there would be a rush on the budget process. She
encouraged Councilmembers to quit making disparaging comments. She was very disappointed in the
way the budget was handled, ignoring the advice of two senior members of the Council. In addition to
concerns with the process, she was very uncomfortable dipping into unrestricted reserves especially at a
Edmonds City Council Approved Minutes
November 23, 2021
Page 30
time when the country is experiencing unprecedented inflation, higher than it has been in 31 years. This is
not the time to spend the surplus, it is a time to tighten our belts.
Council President Paine welcomed Councilmember Chen, commenting she was very glad to have him on
the Council. She also thanked him for coming into the office and spending time with Maureen Judge and
herself over the last week and a half. Regarding moving the budget timeline, she explained
Councilmember Distelhorst has been involved in all the projects with a level of diligence and appreciation
for the finetuned needs the budget deserves. Councilmember Chen is certainly a very bright man and she
had no doubt he would be a strong performer on the Council, but moving the timeline a bit was the right
thing to do because the right people were in place who understood all the projects. The motion to adjourn
was strictly legal as Mr. Taraday has said via email. She acknowledged there will be other leadership next
year and she looked forward to having a strong relationship with everyone. The City has a solid budget
with no big surprises. She was sorry not all Councilmembers were able to attend the last meeting because
it could have been a chance to have other input that would have been welcomed.
With regard to inflation, Council President Paine explained property taxes are increasing at a rate of 20%
so revenues come in at a faster rate than the inflation at the grocery store. She acknowledged there was
inflation, but most of the City’s revenue comes from property taxes and the rate of increase due to the
growth of property values outstrips inflation and the City receives greater revenue from property taxes.
She recognized there was inflation in the grocery store that created problems for a lot of families, but she
was glad there was enough money in unrestricted reserves to help support all the families in Edmonds.
She hoped everyone had a great Thanksgiving and were able to spend time with their loves ones.
12. MAYOR'S COMMENTS
Mayor Nelson welcomed Councilmember Chen, commenting he hit the ground running. This was a
standard meeting other than technical glitches. He wished everyone a Happy Thanksgiving break and
urged whatever they did to gather with their families that it be done safely because the COVID threat is
still present. He urged the public to get vaccinated, get boosters and wear masks.
13. ADJOURN
With no further business, the Council meeting was adjourned at 10:51 p.m.
Edmonds City Council Approved Minutes
November 23, 2021
Page 31
Public Comment for 11/23/21 Council Meeting:
From: Comcast
Sent: Tuesday, November 23, 2021 12:54 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Cc: Donna M Murphy <dmurphy04@comcast.net>
Subject: Public Comment/street-eateries
Mayor, Council President and Council Members,
After visiting a few ski towns, one of the our favorite components of the experience was the
“apres-ski” experience in a small town. Outdoor dining, meeting new people, and visiting with
their dogs, was such a highlight. So much so, that when we returned to Edmonds after one of
our trips, we sought out a similar dining experience. The only local restaurant to offer anything
close was Giradi’s, and we became frequent patrons.
Then bam the pandemic hit; we ordered our food for take-out and hunkered down.
As the months ticked by, we missed seeing people around and Edmonds was like a ghost town.
As the outdoor spaces began to pop-up, they offered an alternative for people to see one
another again. The sounds of people talking with one another, the smell of food, and their
laughter filled the Bowl once again. It felt hopeful after such a long period of unknowns.
It has been so much fun watching this idea of outdoor dining build community once again. I
have enjoyed seeing neighbors out for lunch or dinner then some local shopping.
I know that there has been some “push-back” about the street-eateries, and I am sure that the
local business can come up plan to accommodate parking, and accessibility issues (like maybe
rent some golf carts and use a service to transport patrons to and from their cars), or other
creative community centered ideas to continue to see downtown Edmonds grow as a
destination.
Respectfully submitted,
Donna Murphy (Edmonds)
Run fast, play hard
From: Kathy Brewer
Sent: Tuesday, November 23, 2021 12:20 PM
To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>;
LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Doherty, Patrick
<Patrick.Doherty@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Time for streateries to go!
Edmonds City Council Approved Minutes
November 23, 2021
Page 32
To Council Members and Mayor Nelson,
The streateries have done their job as a TEMPORARY assistance for restaurants during
Covid. Almost two years in and they are still there blocking public sidewalks and streets,
creating an obstacle and danger for pedestrians, drivers and diners and being an eyesore to our
charming city.
The restaurants have recovered and are prospering. There appears to be more diners in
Edmonds than before Covid! The restaurants and streateries are full on the weekends. I have
heard of no restaurants closing and, in fact, some owners are opening new restaurants in
Edmonds and elsewhere. The restaurant owners are profiting at no expense of their own
except for the price to build these shanties. Taxpayers are footing the bill for their extended
eating space. This is not fair to other businesses and patrons, restaurants off Main Street with
existing outdoor eating areas, pedestrians who would like to walk unencumbered on our
PUBLIC sidewalks and drivers who would like to park on our PUBLIC streets.
My husband and I have just returned from a two month road trip across the country. Nowhere
in the towns and cities of the Midwest or New England did we see these ugly structures marring
their downtowns. Walking and driving was delightful not worrying about dodging pedestrians
and looking for parking due to streateries hogging the sidewalks and streets. If they were once
there, they are gone; and it is time to remove them from our downtown as well.
Give the sidewalks and streets back to the citizens! Restore the charm and beauty of
Edmonds! Remove the streateries!
Sincerely,
Kathy Brewer
From: joe scordino
Sent: Tuesday, November 23, 2021 11:44 AM
To: Paine, Susan <Susan.Paine@edmondswa.gov>
Cc: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>;
Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>; Will Chen <friendsofwill21@gmail.com>
Subject: Please amend tonight's agenda to include a "Repeal adoption of the 2022 budget"
agenda item
Council President,
This is to provide proper notice of a request by affected Edmonds citizens to amend the
November 23, 2022 City Council Agenda to include an agenda item on "Repeal adoption of the
Edmonds City Council Approved Minutes
November 23, 2021
Page 33
2022 budget." This will allow Council members the opportunity to discuss in public session the
apparent procedural and process errors that preceded the Council's adoption of the 2022
budget, and allow the Council to provide a remedy to such by repealing the adoption of the
2022 budget. I understand that such request is a necessary first step in a potential legal
proceeding.
Please see my Commentary in today's My Edmonds News and followup comments from the
public.
https://myedmondsnews.com/2021/11/commentary-city-council-needs-to-repeal-2021-
budget-2022-2026-capital-facilities-plan/
From: joe scordino
Sent: Monday, November 22, 2021 5:21 PM
To: Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Olson, Vivian
<Vivian.Olson@edmondswa.gov>; Johnson, Kristiana <kristiana.johnson@edmondswa.gov>;
Will Chen <friendsofwill21@gmail.com>; Neil Tibbott <connect@neiltibbott.com>
Subject: Repeal the 2022 budget and CFP/CIP
See my Commentary in My Edmonds News at:
https://myedmondsnews.com/2021/11/commentary-city-council-needs-to-repeal-2021-
budget-2022-2026-capital-facilities-plan/