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cmd121621 Adjourned MtgEDMONDS CITY COUNCIL SPECIAL VIRTUAL ONLINE MEETING APPROVED MINUTES December 14, 2021 Adjourned until December 16, 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 COUNCIL BUSINESS 1. ADJOURNED REGULAR MEETING STAFF PRESENT Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Susan McLaughlin, Dev. Serv. Director Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online adjourned meeting was called to order at 7:00 p.m. by Mayor Nelson. 4. ORDINANCE EXTENDING EDMONDS STREATERIES Development Services Director McLaughlin commented it was exciting to see this much engagement on this issue and she appreciated the positive collaboration from the restaurants and businesses over the past week. She 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 as an emergency measure to protect public health and safety and formalized the allowance of streateries on a temporary basis through 12/31/21 Permit Requirements o Streatery permits required restaurant owners to provide: ■ Site plan (including ADA access and traffic barriers) ■ Dining plan (location of tables, chairs, heaters, etc. ■ Platform construction drawing Edmonds City Council Approved Minutes December 16, 2021 Page 1 ■ Elevation sketch ■ Certificate of Insurance (naming City of Edmonds as additional insured with minimum $300,000 personal injury and $100,000 property damage) o Permits cost $110, with a $30 renewal fee. o A final inspection was conducted by Engineering, Building and Fire prior to occupancy o Limited to 20 streatery permits. ■ Currently, there are 17 existing streateries • Map of existing streateries identifying Wednesday Service Existing Streateries o Qa 11' T s'c a e a s si H y29 =a =a 16 1 17 2 , 9 B 7 ur Howell way ' 10 11 � 112 13 g m � L Maple St Brunch/Lunch �n Lunch/Dinner A Dinner Closed v 1.The Rusty Pelican 2. Santa Fe 3. The Loft 4. Leftcraft 5. Maize & Barley 6. Kelnero 7. Fire & Feast 8.Taki T1ki 9. Mar -Kt 10. Engel's Pub 11. Salish Sea Brewing 12. Las Brisas 13. Barkada 14. Chantrelles 5. Claim 16. Salt & Iron 17. Daphnes Jurisdiction Permit Fee Bellevue $436 ($238 plan review + $198 for inspection) Langley Waived. None established Seattle No fee: subsidized with ARPA money Spokane Annual license $100; modification to permitted plan $250; application fee $50, review fee $300, parking mitigation, metered $2.09/sf per month and time - restricted free parking $1.05/sf per month Anacortes Waived. None established Madison Waived. None established Los Angeles Waived. None established Auburn Capital project (no permit fee) Renton Waived. None established Everett Waived. None established Ellensburg Waived. None established Walla Walla Fees waived during pilot period (EOY 2023) Kennewick $439 Wenatchee $250 Bothell Waived Vancouver, WA Waived Edmonds City Council Approved Minutes December 16, 2021 Page 2 Shoreline Waived Kirkland Waived Bend, OR Waived Prosser $250 Milwaukie, OR —$500 Eugene, OR Waived Bellingham 1 $150 for a year o Out of 24 cities that researched, 17 cities waived the fees o The remaining cities charged flat fees that range between $150-500 with exception of Spokane that factored in a paid parking mitigation when they made their ordinance permanent. o Since Edmonds does not have paid parking, staff recommends a flat permit fee to cover staff time for permit reviews and inspections o Recent discussions have raised the possibility of a monthly charge ($500-750/month), which would be over 25x the average permit fee 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 o The COVID-19 pandemic is not over, which is more apparent with Omicron variant. The following language in Ordinance 4209 is still relevant: ■ "...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." Community Services & Economic Development Director Patrick Doherty reviewed: • Public Survey o Take-aways ■ Majority of public uses streateries ■ Majority of public will continue to use streateries if available in 2022 ■ Majority of public believes streateries enhance Downtown Edmonds ■ Majority of public will visit Downtown less frequently or go elsewhere for eating/drinking if streateries are discontinued • Research o Take-aways ■ Downtown merchants overall at 110% of pre -pandemic levels in Summer 2021 ■ Random sample of Main Street retailers show vast majority at 100% or higher of pre - pandemic levels in Summer 2021 ■ Restaurants attract frequent repeat visitors who shop, window shop, come back ■ Restaurants are largest component of the retail sector employing the most, buying the most supplies/inventory, and having largest economic multiplier effect Ms. McLaughlin reviewed: • Draft ordinance o Streateries will not be able to be extended beyond the expiration date of the new ordinance (May 31, 2022): ■ This subsection C.6 shall sunset on per Mav 31, 242l 2022, ,,,.loss the off etive da4e is eha-aged by aetion of the City Couneil. ■ Council may want to consider an alternative date than is currently in the draft ordinance given that it is less than 6 months away. o Streateries will be reinspected to ensure code compliance: Edmonds City Council Approved Minutes December 16, 2021 Page 3 ■ A streatery shall be ,-,o.. mated f a o od of no more than one e provided t + the permit maybe extended in three to up to six month increments, PROVIDED THAT it passes a final inspection for code compliance prior to the permit extension Council President Paine asked if there had been any other applications or interest in installing new streateries in the last six months. She wondered if 20 may too high and 17 may be enough. Mr. Doherty said he has not heard of any requests. Councilmember Olson referred to the takeaways from the survey that a majority had used streateries, pointing out the way that question was asked, it was not scope or time limited so it was during the good weather. The weather is bad now and in her repeated attempts to observe people using the streateries, she did not find that was the case. With regard to the survey question that stated a majority, 52%, would go elsewhere if the streateries were discontinued, there needs to be an acknowledge that the way that question was asked did not give respondents the option of choosing other outdoor dining in Edmonds. It was either I'm going to eat inside a restaurant in Edmonds or I'm going somewhere else that has outdoor dining; there was no option for outdoor dining in Edmonds. Mr. Doherty responded there were three answers for that question, if there are no streateries, what is the best characterization of your anticipated habits for the first six months of 2022? The first answer was, I will continue to come downtown choosing to eat indoors which 48.5% chose. The second answer was, I will come to downtown less frequently as I am less comfortable eating indoors which covers two scenarios, someone will come less frequently because they are concerned about having fewer options or that they will come downtown to the 5-6 establishments that have outdoor dining that are not streateries but that in total is fewer restaurants to choose from because there are about 25 or so restaurants downtown. Mr. Doherty continued, the third answer was, I will choose to go elsewhere. Adding the first two, I will come downtown less frequently or I will choose to elsewhere, the total is 52%. That was an important figure because, although not science, it indicates roughly half the people in the market are concerned enough about the continued existence of the pandemic that they will change their habits, they will choose to come less frequently or go somewhere else which means fewer people coming downtown which has a multiplier effect across all businesses. He concluded it is obviously not science, but it is a pretty good survey with 4100 respondents. Councilmember Olson said she created a list of all the outdoor dining options, and there are about 20, not 5-6. She will read the list later in the meeting. Councilmember Buckshnis commented it is the holidays so she doubted people would stop coming out even without the streateries. She relayed hearing that people could take the survey multiple times from different devices; for example she has seven devices and could have taken the survey from each one. She asked if there was any verification done to ensure only one household answered the survey. Mr. Doherty said Survey Monkey has a default to try to get around that, but if someone really wanted to, they could figure out a way to get around that by using a different computer, etc. Given that there were 4100 respondents, even if a small percentage were devious enough to the trick system, he did not think it was a substantial number as most people would not do it. In researching that issue, Survey Monkey indicated there is an extremely low rate of that occurring because people are either not savvy enough to do it or do not care enough to try to trick the system. Councilmember Buckshnis commented she was not that savvy. She relayed her understanding that only two of the streateries were in compliance with the regulations. Ms. McLaughlin answered all passed final inspection with the exception of two; however, staff responds on a complaint basis and there has not been an inventory of complaints where further inspections have been done. The Fire Department has gone out Edmonds City Council Approved Minutes December 16, 2021 Page 4 multiple times, but there has not been a comprehensive re -inspection of the streateries as that is not typical in the City's permit process. Councilmember Buckshnis relayed another question she heard was some of the restaurants have closed their streateries but they have not been taken down or they are only open Wednesday to Sunday or shortened hours. She asked why there weren't more restrictions included in the new ordinance. Ms. McLaughlin advised the existing Ordinance 4209 states if the streatery is inactive for a certain number of days, the permit may be terminated. Councilmember Buckshnis observed that has not been enforced. Ms. McLaughlin answered if a complaint was received and staff determined it had been over a 15 day period, there would be a response but that has not happened yet. Councilmember Buckshnis summarized a complaint has to occur before staff checks into it. Ms. McLaughlin agreed. Councilmember Fraley-Monillas said she was out last weekend and at lunchtime and dinner she found most of the covered tables filled with people. She was not sure when Councilmember Olson's observations had occurred, but at lunchtime after the holiday market and in the evening at about 6:30, many people were sitting outside. She has been checking on this herself to see what is going on and she is finding something totally different than Councilmember Olson found regarding folks sitting outside. The only issue she has with the streateries is ensuring people have space to walk on sidewalks. As an advocates for people with disabilities, she wanted to ensure there was enough space and that businesses were not moving tables and chairs onto the sidewalks. There needs to be enough room for people using a wheelchair or walker or for someone who is visually impaired to use the sidewalks. She has found the tables and chairs get spread out over time. Ms. McLaughlin said the engineering team went out due to complaints in the past week and verified the 5- foot clearance required by code. She agreed there could be instance where an A -frame sign can be placed or moved or a chair not returned to the right place. She agree it is an issue with protecting that 5-foot clearance. The footings are less of an issue than mobile objects like A -frame and chairs that are placed in the 5-foot clear zone. Councilmember Fraley-Monillas agreed those can be an issue and is not the fault of the business owners but the employees who are setting up. Council President Paine said she has received close to 140 emails, 69 in favor and 37 against. A lot of the emails describe personal experiences and some include photos of families enjoying the streateries as well as photos of compliance issues. She inquired about the experiences in cities outside Edmonds. Mr. Doherty said he did some initial research about fees in other cities and then Ms. McLaughlin and her staff went further. He has the ability to query all the Economic Developers in Snohomish County via a listserv; other cities that have had streateries have been successful. He noted the emails track well with the survey responses. Mr. Doherty continued, in another city in the county that is about a year behind Edmonds; they did the special event permit without an ordinance and pulled that within the last 5-6 weeks to write an ordinance. A person from that city contacted him and said since they pulled the streateries by permits while they developed an ordinance, the retailers have asked for them to come back because they lost business. He recognized it is closer to holidays, the weather is worse etc. but the retailers in that city wanted the streateries back because they believed it helped business. In the groups he has participated in, wherever streateries have been allowed, people like them and use them. That doesn't mean they use them all the time such as when it's raining and windy, but they will use them during nicer weather. It is an option for the percentage of people who are still not comfortable indoors in crowded restaurants, particularly as the pandemic unfortunately continues to rage. He did not have statistics from other cities, only antidotes from the representatives. Edmonds City Council Approved Minutes December 16, 2021 Page 5 Council President Paine recalled a lot of emails said parents could bundle up their children and have a family meal outside feeling safe and comfortable. The youngest of children do not yet have access to vaccines and being safe is what many parents interested in doing. She found it interesting that the retailers in the other city asked for the streateries to return when the streateries' permits were pulled to allow the city to develop an ordinance. Mr. Doherty said the city allowed streateries without any standards and realized an ordinance was necessary. Ms. McLaughlin said staff researched over 25 cities throughout the country; the majority are still in the pilot phase, but multiple cities, perhaps over 10 have now made streateries permanent including Spokane, Anacortes, Madison, WI, Los Angeles, Wenatchee, Bend OR, Bellingham, Salem OR, Milwaukee OR, and Medford OR. Many cities decided to allow streateries during the pandemic and it is interesting to see the transition and adaptation to the future of outdoor dining. Council President Paine commented she was not surprised by that because restaurants were the most dramatically impacted at the start of the pandemic, particularly with the restrictions imposed in Washington where everything was shut down, followed by reopening at a percentage. She summarized restaurants bring people to town. Councilmember L. Johnson said she loved all the photos the Council has received from families and friend groups especially those with young children sharing their experience dining in the streateries. She referred to what she believed to be false information that the streateries are illegal which has been causing quite a bit of hub-bub. Unfortunately in social media, misinformation spreads as fast almost as fast as COVID. She offered staff an opportunity to set the record straight. City Attorney Jeff Taraday said most of comments he has seen alleging that streateries are illegal address the fact that no public hearing was held on Ordinance 4209. He will speak to that and not to some of the compliance issues that have been raised recently because that is not within his domain. With respect to Ordinance 4209 and the process used to adopt it and the lack of public hearing, Mr. Taraday reiterated some things he has told the Council before because possibly not all the public has heard it. He was asked to prepare Ordinances 4209 and 4210 at basically the same time for the same Council meeting. Things were moving fast and he made a mistake in drafting 4209; he copied and pasted language from Ordinance 4210 into Ordinance 4209 which is why the phrase, interim zoning, appears in Ordinance 4209. That mistake does not change the character of something that would not otherwise be a zoning ordinance and turn it into a zoning ordinance. In other words, if he makes a mistake and calls something a zoning ordinance, that is his mistake but it does not mean that ordinance is now a zoning ordinance. It is not a zoning ordinance because streets are not zoned. There are at least three places in the City code that confirm that streets not zoned; it is the property abutting streets that is zoned. Because Ordinance 4209 regulates the use of streets and because streets are not zoned, it would not make sense to call Ordinance 4209 a zoning ordinance. Had it not been for his error in drafting and cutting and pasting, no one would have ever thought of it as a zoning ordinance. Mr. Taraday explained that matters because under GMA, cities are required to have a public participation process every time zoning and development regulation ordinances are adopted. That is one of the main functions of the Planning Board; ordinances like that are sent to them for review to fulfill GMA's public participation requirement. The Planning Board usually conducts those public hearings for the City Council and sends a recommendation to the City Council that the City Council then acts on. The City Council is not required to have public hearings on every ordinance it adopts. The Council can choose to have a public hearing whenever it wants, but is only required to have public hearings when the law requires it. GMA is the law that requires public hearings be held on development regulations and zoning ordinances. An issue has to be in the realm of a development regulation or zoning ordinance to have a requirement for a public hearing. This issue is not in that realm because streets not zoned and it is a regulation that affects public property. Edmonds City Council Approved Minutes December 16, 2021 Page 6 Mr. Taraday explained the 60 day hearing requirement is also in the GMA and allows an exception to the general rule that zoning ordinances need public hearing prior to adoption. The exception to the general rule is that the Council can adopt an interim zoning ordinance which requires a public hearing within 60 days after adoption, but that only applies to zoning ordinances. That is why, despite his drafting error, Ordinance 4209 has always been a legal ordinance. Whether the Council chooses to continue it as a policy matter is entirely up to the City Council, but from a strictly legal standpoint, he never had any doubt that it was a legally adopted and legally maintained ordinance. Councilmember L. Johnson thanked Mr. Taraday for the clarification and for owing the mistake. She was hopeful that explanation would put the false claim to bed. Councilmember Chen relayed his understanding that the City was still in a pandemic but asked if it was still an emergency situation. Mr. Doherty said yes, from the State level as the Governor has never lifted the statewide emergency related to the pandemic. Councilmember Chen pointed out restaurant occupancy was back to 100% a long time ago. Mr. Doherty agreed, although there are restrictions related to mask wearing but occupancy is back to 100%. Because the State is still under the Governor's emergency, it is not impossible that additional restrictions could be imposed if Omicron or other variant becomes a problem in the coming months. That emergency power allows the Governor to do that with a snap of the fingers if he wishes. Councilmember Chen referred to the indication in the presentation that retail had performed well, up to 110% for most. He inquired about restaurants' performance. Mr. Doherty referred to the narrative in social media that streateries were harming retailers. Some respondents to the survey stated they liked the streateries but had heard they were hurting the retailers. That is the reason staff investigated how retailers and businesses overall were doing which revealed it was a false narrative. There was not a prompt to investigate how well restaurants were doing. Overall downtown businesses are at 110% percent of pre - pandemic levels. A random sample of Main Street retailers, because most of the streateries are on Main Street, 12 out of 17 were over 100%, 4 were at 90%-100% and 1 was below 90%. Generally, retailers as a subset of all merchants are doing approximately as well as they were doing before the pandemic. If overall merchants were doing 110%, restaurants were likely doing that well or possibly better but there was no narrative to support or debunk that. He acknowledged that was not true for all restaurants but most were. Councilmember Chen pointed out one of the survey questions was if the streateries are removed, will you come downtown less frequently? If those people go elsewhere, he asked if there were streateries outside downtown Edmonds. Mr. Doherty said there were three potential answers, 1) come downtown less frequently which could means going to other outdoor dining options, 2) going out less frequently because they were not comfortable, or 3) going elsewhere which could mean other parts of Edmonds or other cities. There are no streateries in Edmonds outside of downtown because there is no other area with street parking in front of retail; outdoor dining in other areas of the City are in parking lots or property adjacent to restaurants. He summarized people could go other places in Edmonds with outdoor dining or to other communities. The takeaway with all questions is if the streateries are taken away, it will likely have an effect on business overall because fewer people or less frequently would dine in downtown Edmonds. Councilmember Olson commented there are two issues, implementing something like streateries long term or the emergency ordinance and she wanted to keep those two issues separate. She supported the City vetting and considering all the equitable ways to bring more engagement to the City. Streateries may be an answer to that, implemented in a way that considers all the stakeholders. Instead of continuing the process which was a kneejerk reaction to an emergency that has had casualties, she was completely open to considering something that provided more engagement, but wanted to keep that separate from the emergency ordinance. She validated what Councilmember Fraley-Monillas said, noting the holiday market was an exception to what she has seen during other times, it was much sunnier and warmer and a lot of Edmonds City Council Approved Minutes December 16, 2021 Page 7 people were out. That was different than the other times she has been downtown which has been pretty constant over the past 2-3 months. Councilmember Olson referred to the 2-parking space maximum for streateries. She asked Mr. Taraday if the sidewalks were covered by the zoning ordinance but streets were not as there is sidewalk dining in the zoning ordinance. Mr. Taraday said sidewalks in the right-of-way are also not zoned. The Code section that addresses sidewalk dining in the zoning code is not dispositive whether something is codified. In Councilmember Olson's reference to 17.70.040 in the zoning code, bistro and outdoor dining, that section does address sidewalks but it also addresses outdoor areas under the lease or ownership of the applicant lying between the applicant' property and the public right-of-way. For that reason, this particular code section regulates both public property sidewalks (sidewalks in the right-of-way) and outdoor dining areas that are sidewalk adjacent but on private property. This was drafted in 2009 before he was the City Attorney; it could have been divided, placing the right-of-way portion in Title 18 and the private property portion in Title 17. He was not sure it mattered where it was codified but it did not change his conclusion that zoning does not apply to the right-of-way. Councilmember Olson referred to the requirement in the streatery code for a 2-space maximum, commenting that would include the footings of the streatery. If one made the assertion that it doesn't, she had comparables in other zoning enforcement that would seem like a contradiction if there were not that same approach taken with the streateries. She asked for validation that compliance must be within the two parking spaces and nothing related to the streatery can be located in the sidewalk. Mr. Taraday said most of that question should be directed to Director McLaughlin. The Council has the authority with its deliberations tonight to regulate the footings however it wishes. If the Council wanted to clarify its intent that the footings are not on the sidewalk, it legally has the power to do that. It could be somewhat devastating to the actual streatery owner because it would essentially be asking them to rebuild something that has only 4-5 months remaining in its life which may not be financially feasible. Ms. McLaughlin pointed out the section of Ordinance 4209, 6.i.4, related to 2 vehicle parking spaces states the maximum length of a streatery is 2 vehicle parking spaces. There is a separate statement in that section that all streateries should be within the approved space and should not extend into the travel lane. The interpretation is slightly gray but to her it meant the streatery should not encroach on the travel lane. One statement refers to the length (maximum length of 2 parking spaces) and the other refers to the width in relation to encroaching on the travel lane. With regard to the footings, she explained the sidewalk zone is broken into three areas, 1) the furnishings zone (the first 2-3 feet from the curb face to the pedestrian clear zone) where pedestrian lights, newspaper boxes, trash cans, etc. can be located, 2) the walking zone typically 5-6 feet of clear space, and 3) a frontage zone where retailers may display goods. She summarized it was appropriate that the footings were in the furnishings zone. Councilmember Olson did not agree with that because the code states entirely within and there is nothing gray about that. Councilmember Olson advised there are 28 restaurants in Edmonds that have non-streatery outdoor dining; some of restaurants with streateries also have other outdoor dining. She read the list of restaurants: in back of Church Key, Kelnero, Five Bistro, Demetris, Rory's, Salish Boathouse, Brigid's, Anthony's Beach Cafe, at the side of SanKai, Fire & the Feast, Calypso, Kahlo's, Scott's Bar & Grill, Epulo, Bucatini, in front of Las Brisas, Girardi's, Hamburger Harry's, MAR KET, Salish Sea, Caravan Kabob, Bistro 76, Santa Fe Caf6 Salt and Iron, Anthony's, Arnie's, and Niles Peacock Kitchen and there may be more. She found it misleading and false to say there was not a lot of outdoor dining. She has observed these outdoor dining spaces as well as the streateries being empty. More than enough outdoor dining options are offered to meet the COVID and flu safety that citizens are seeking. Therefore the temporary emergency ordinance should be sunsetted as intended. Edmonds City Council Approved Minutes December 16, 2021 Page 8 Councilmember Fraley-Monillas pointed out most the outdoor dining spaces Councilmember Olson listed have no roof so no one will sit there in the rain, snow or wind. She knew of a few places such as Arnie's that have a roof. She commented it was silly to bring up all those areas at this time of the year. Councilmember Olson responded quite a few of them have roofs. Councilmember L. Johnson commented the streateries are a temporary program in response to a global pandemic, put in place to save restaurants. In this case necessity and ingenuity teamed up and the City has been successful in keeping restaurants afloat and actually thriving during the pandemic. She found it interesting that some seem angry or frustrated by the restaurants' success, and questioned whether they would rather that businesses were struggling to prove the continued need for the streateries program versus thriving and thereby proving the effectiveness of the program. Some have argued that streateries reduce ADA access, which is not the case, but then dismiss those who prefer to or will only eat outdoors in order to reduce their risk. Those people are told restaurants are at 100% now and if they do not want to eat inside, they can take their food and eat in their car. Councilmember L. Johnson acknowledged there were other places to dine outdoors, however, in her experience, they are not necessarily set up with the same careful thought as the streateries which provide more spacing than a traditional deck where tables may be closer together and not have the same airflow. A lot of people have spoken to Council including testifying at the public hearing, emailing the Council, and responding to the City's survey and the Beacon's survey and a majority support continuing the streateries. If the streateries program ended now, the Council would be telling a large portion of residents and visitors that they do not care to accommodate their needs. The pandemic is still here and with the emergence of another highly transmittable variant and the holidays coming up, it was clear to her that these measures needed to be kept in place to protect the public and economic health. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE ORDINANCE NO. 4243 EXTENDING THE EDMONDS STREATERIES THROUGH JUNE 30, 2022. Council President Paine appreciates what Councilmember L. Johnson said. She referred to comments made during the public hearing where a lot of people said they enjoy the camaraderie, the aspect of seeing their neighbors in a safe place, and in a place that was surprisingly welcoming. This is a whole new way for Edmonds residents to engage with their neighbors, an Edmonds kind of streatery, walking around and seeing your neighbors. She recalled one youngster saw his last year's teacher and another young man at the public hearing said people are falling in love in streateries. The pandemic has been hard on everyone and it was nice to hear that people of all ages were using the streateries, some more often than others. They are being used and are another way for the community to connect with each other, something that has been very difficult during the pandemic. The inability to socialize has made an enormous difference in how people treat each other. Council President Paine supported having the streateries continue for 5-6 months. She pointed out how much better the streateries have been for all the businesses and felt ending the streateries during the holiday season would be wildly unfair. The restaurants and retailers she has spoken with told her that they have never been busier and they would like to have the streateries continue rather trying to decide what to do next if the streateries have to be removed. She supported retaining the streateries for the economic and public health aspects and for the community's health. The heart of the community is strength of everyone who loves it. She will support the ordinance as presented. Councilmember Buckshnis said she obviously hears from a lot from different constituents, many who provided pictures. She acknowledged the streateries were being used but were not being used a lot. There are a lot of outdoor dining facilities including parking lots that were turned into outdoor dining. She suggested thinking outside the box such as forming a task force to consider pop-up restaurants that could Edmonds City Council Approved Minutes December 16, 2021 Page 9 occur between Memorial Day and Labor Day with a theme such as maritime as opposed to these shacks. She took some friends from Lithuania downtown and they sat outside where it was cold, the wind blow on their feet and the tables were on cement. She supported taking a pragmatic approach, forming a task force and involving the Economic Development Commission to consider pop-up restaurants in the spring and summer. She referred to the public hearing where many people spoke including many who have not contacted the Council in the past. She expressed support for sunsetting the streateries, giving them 10 days to take them down, and establishing a task force to work on having pop-up restaurants in the spring/summer. Councilmember Chen said when he first came to the United States he worked in a restaurant doing dishes and cutting vegetables so he knew how hard working in a restaurant can be. He heard from many other businesses that pedestrians and seniors have expressed a desire for more parking so they can come downtown to spend money. While it is important to look at legalities and code enforcement, he recommended stepping back and looking at the big picture. The streateries do help during the pandemic; people wear masks when entering restaurants but remove them when eating and drinking with the entire restaurant occupied. Businesses are doing well, which is great for the City and the collection of sales tax. Taking all these factors into consideration, he offered an amendment to Councilmember L. Johnson's motion. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE AN ORDINANCE EXTENDING EDMONDS STREATERIES THROUGH THE END OF APRIL 2022 WITH A ONE-TIME APPLICATION FEE OF $4,000 WHICH IS $1,000 PER MONTH AND STREATERY MUST COMPLY WITH THE TERMS OF EXISTING CODE AND OTHER APPLICABLE LAWS. FOR THOSE WHO DO NOT WISH TO APPLY FOR AN EXTENSION, THEY HAVE UNTIL JANUARY 15 TO REMOVE THE STREATERY. THE FEES COLLECTED WILL BE USED TO PAY FOR PAID PARKING AND MAKE IT AVAILABLE TO PUBLIC. WITH THIS AMENDMENT, I LIKE TO HAVE A TASK FORCE LOOK AT LONG TERM SOLUTIONS TO HAVE MORE ENGAGED STREETS IN DOWNTOWN EDMONDS. Councilmember Fraley-Monillas said $4,000 was an absolutely ridiculous amount to put on restaurants in Edmonds and to assume they could afford $4,000 which equates to wages for 2-3 staff/month. With regard to the desire for more parking for seniors or those with disabilities, it was her understanding that none of the streateries block disabled parking; handicapped parking spaces are still there. She found it appalling that Councilmembers Olson, Buckshnis and Chen were opposed to downtown businesses and restaurants and saying they do not think the downtown restaurants should be supported. She disagreed as the downtown restaurants are what drive people to come to Edmonds; her friends who live in Seattle come to Edmonds to eat. It is also ridiculous to suggest getting rid of outdoor dining and have people sit inside. There are very few outdoor dining spaces that are covered. She understood there has been a lot of emails from business owners making threats to Council regarding this issue, but those who support getting rid of the streateries are opposing other businesses which is not the position the Council should take. She supported Councilmember L. Johnson's motion to give the streateries six months and find out what needs to be done during that time. Otherwise the Council is pitting one group against another which she found very inappropriate. COUNCILMEMBER K. JOHNSON MOVED A SUBSTITUTE MOTION TO SUNSET THE STREATERIES AS OF DECEMBER 31, 2021. City Clerk Scott Passey said a substitute motion would compete with the original motion. If there is a second for the substitute motion, it can be debated but the Council would debate and perfect Councilmember Chen's amendment and once that is completed, the substitute motion would be perfected via amendment and the Council would vote on which one was the main motion. MOTION DIED FOR LACK OF A SECOND. Edmonds City Council Approved Minutes December 16, 2021 Page 10 Councilmember Olson said when the emergency ordinance was adopted, it had compromise built in. She considered supporting a compromise but concluded that compromise had already happened when the Council agreed to streateries and supporting the sunset supports compromise. Due to the upfront cost of streateries, it was thought a full year needed to be allowed so restaurants and bars could recoup their investment in the streatery. That full year has been provided, even with the 100% return to restaurant capacity in the spring. It was not true that she was against the restaurants; but some restaurants find this an unfair advantage because streateries get additional seating capacity for free while they are paying for their outdoor capacity. Many retailers are commenting about the streateries including the Edmonds Theater. She recalled while doorbelling when she asked what residents wanted to see preserved, the most common response was the Edmonds Theater. The Edmonds Theater reports the streateries block their advertising for the movies, they do not have the capacity in the theater, it is noisy inside from the streateries, etc.. She concluded streateries are a negative for a lot of businesses, especially those adjacent to the streateries. Councilmember Olson said there has been great camaraderie, support and willingness to give, but until this is thought out more carefully and implemented in a way that is more conducive to all stakeholders, the streateries should be sunsetted. She will support Councilmember Chen's amendment because it improves on the initial motion because restaurants are offered an increased business opportunity. What has frustrated a lot of citizens is that many of the streateries are not being used and should not be taking up the parking spaces. She was originally more accepting of the streateries that are being well used but one of the ones that is well used is causing a problem for the movie theater. She concluded sunsetting the streateries was the most prudent option for downtown and returning to the issue of streateries with more thoughtful consideration on how it is implemented in the future. Councilmember L. Johnson said the streateries and the original extension was more than allowing restaurants to recoup the cost of building the streatery. If that was the goal, what would be the point? This is about continued survival and continuing a thriving economic driver and celebrating that it has been successful. She questioned the rationale of ending something that is working. She did not support the amendment as any fee should be justifiable and should not be extravagant, punitive, or pulled out of the air, it needs to be based on something. It appears the motivation behind requiring the fee upfront is making it so high that people cannot do it or possibly taking the risk and losing money. The proposed fee is above what any other city is doing and seems punitive. Council President Paine said a $4,000 application fee is outside the range of any other city and says that Edmonds is not business friendly. She strongly supported having a fee that was defensible and had merit, something the Development Services Department can establish. She objected to requiring the streateries to be removed to discuss the program, concluding that was just playing with people's businesses. Ending the streateries and then restarting the program seems very awkward and unthoughtful. There is already a stakeholder group comprised of restaurateurs, retailers and merchants, who put developed a proposal. Edmonds has a very successful downtown and although it has changed due to COVID, it maintains the community. A stakeholder group should be comprised solely of business people. She worried with that high a fee, Edmonds would become known as anti -business. People and the media are watching this issue and she did not sure want to lead with a message of being anti -business. She did not support the $4,000 application fee because it was anti -business. Councilmember Fraley-Monillas said she consider most of this appalling and anyone who said they support businesses but, is also appalling. The Downtown Edmonds Merchants Association (DEMA) offered a compromise. But for whatever reason, some Councilmembers are listening to the same 20 people who send them emails about danger and whatever. This is not business friendly; any Councilmember that supports this amendment does not believe in businesses. She did not know a single business that could afford a $4000 permit to have outdoor dining space and found it simply ridiculous. She was not sure who had gotten to Councilmember Chen but that is not appropriate for this town. Edmonds is a town made up of small, family Edmonds City Council Approved Minutes December 16, 2021 Page 11 oriented businesses that "believe in moving Edmonds in an appropriate fashion." It is disingenuous and appalling for Councilmembers to say they believe in Edmonds businesses but make it so they cannot afford to do business. Councilmember Fraley-Monillas agreed the media is watching. It is important for the Council to indicate it is business agreeable, agree to a 6 months hold and during that 6 months, as Councilmember L. Johnson said, look at the issues and move forward in a pragmatic way. In looking at what other cities, none of them charge $4,000, they may charge $400. The 20-25 people who constantly email the Council are not representative of the 42, 000 residents. The Council has received more texts and emails on this issue than anything else. The Council needs to be supportive of businesses and restaurants should have the ability to have the streateries. She agreed there needed to be some type of fee, but not $4,000 as many businesses live on $4,000/month. She encouraged the Council to do the right thing for the people who live in Edmonds and have businesses in Edmonds. Councilmember K. Johnson clarified the $4,000 is fee for 4 months or $1,000 per month. The main issue for her is that the streets and parking spaces are part of the public right-of-way. Restaurants have no standing with regard to streateries; the City granted the use of two spaces per restaurant to support them at a time when the Governor greatly restricted restaurant capacity and the City wanted a temporary ad hoc program to protect public health. Things are now out of compliance, typically there are no traffic barriers and there was originally no expectation that heaters would be used. She recalled about 10 years ago Mr. Brooks encouraged the City to develop a concentration of new restaurants in the downtown area. Since then, the City narrowed the street right-of-way on Main Street between 5t' and 6' to create wider sidewalks and have accommodated both sidewalk dining and patio dining. She estimated that 9 of the 17 restaurants with streateries offer that alternative. In addition, many adjacent restaurants throughout Edmonds have patio and outdoor dining some of which have umbrellas or other ways of protecting patrons from the rain. Councilmember K. Johnson said she did not believe that the majority of people in Edmonds use the streateries and certainly did not believe that they would be very popular during the cold winter months. The 17 streateries use 34 downtown parking spaces. Those streateries may be closed few hours of the day but the parking spaces are occupied 24/7. She did not believe the City could find 34 parking spaces in private lots as DEMA suggested. DEMA suggested $500-750/month to rent parking spaces when in fact they have had free streatery space for nearly 1'/2 years. She preferred to end the streateries at the end of the month but did not get a second on the motion even though two other Councilmember said that was their preference. Lacking the ability to end the streateries now, which the majority of her constituents support, many of whom are older citizens although she recognized that some young families with children enjoy the streateries, she will support Councilmember Chen's motion because it is more limiting than the original main motion and requires the streateries to be removed within 30 days if the business is unable to pay a fair price. Councilmember Buckshnis agreed the amendment was $4,000 for 4 months which is $1,000/month, an amount that was not pulled out of thin air. Seventeen businesses have it great, some have outdoor and indoor dining. The $1,000 is based on square footage for the parking spaces which are approximately 250 square feet; $25-50/square feet equates to $1,000. She said a well -thought out program that extended outside the downtown would not have resulted in these shacks that people do not like. She objected to the use of the word appalling, saying she was just trying to figure out the best thing for the City. She supports businesses and is downtown a lot but does not see the streateries being used much. One restaurant with a streatery has been closed all week and another is only open Wednesday — Sunday. A car ran into a streatery and it was not fixed for three days. The streateries are very popular with restaurants who did not have indoor dining like the one next to the theater. Similarly people like the streatery at the MAR KET because it used to only be takeout. The streateries were an innovative and kneejerk reaction and thanks to Shubert Ho who assisted with the structure design. She preferred to have a permanent program with unique pop-up restaurants May - Edmonds City Council Approved Minutes December 16, 2021 Page 12 September. She reiterated Councilmember Chen was not pulling numbers out of air, all the amounts are supported. She believed the streateries should be sunsetted but she would support the amendment. There needs to be a vision for downtown post -pandemic. The streateries only support 17 of the downtown businesses, many are not being used and there are other outdoor dining options available for those who need it. She will support the amendment along with developing a better program that provides for pop-up restaurants throughout Edmonds. Councilmember L. Johnson reiterate as Ms. McLaughlin stated most other cities do not charge a fee and the few that do, the highest is $400/month. With the proposed fee, Edmonds is saying they believe in charging 10 times the highest fee, something that did not sit well with her. Councilmember K. Johnson raised a point of information, pointing out the amount was not $4,000/month, it is $1,000/month for 4 months. Mayor Nelson pointed out the highest fee was a $400 flat fee, not $400/month. Councilmember L. Johnson said a $4,000 fee is 30 times the highest fee that other cities charge, a $400 flat fee. She found that astounding. Councilmember Buckshnis raised a point of clarification, stating DEMA said they were willing to pay $500- 750/month. Mayor Nelson said that was argument, not a point of clarification. He suggested Councilmember Buckshnis make that argument during her comments. Councilmember L. Johnson continued, the proposed fee was 30 times the highest fee charged by another city. She found that elitist and astounding to say that Edmonds is so different that it can charge a fee 30 times the highest fee charged by another city. In response to the idea of using out -of -the box thinking and sometime in the future do pop-up restaurants as an appeasement conflates that the streateries are a pandemic -necessitated program meant to help restaurants stay afloat. It is a fantastic byproduct that has increased tourism and shown what could happen in the future. Right now the focus should be on continuing to keep restaurants afloat because the pandemic is not over. In response to Councilmember K. Johnson's statement that the majority of her constituents were not in favor, Councilmember L. Johnson said she did not know what to do with that because they have the same constituents and have been receiving the same information and the same emails. That can only be true if Councilmember K. Johnson was only considering the viewpoint of a select portion of the community because the majority of constituents support the streateries. Councilmember K. Johnson raised a point of clarification, stating she was speaking about her constituents who contact her, not the Council as a whole. Councilmember L. Johnson said she was surprised her thoughts were so controversial. The idea of sunsetting streateries on December 31st is not only anti -business, but also cruel. It is in the middle of the holiday season, the busiest time and when there will probably be a huge surge. She did not understand what goal some Councilmembers have with ending the streateries program and doing something creative in the future. The intent of the streateries program is to keep restaurants going and to help economic and public health, not an idea for the future. Edmonds is special but not so special that it should charge 30 times what another city charges. She was very disappointed in what she was hearing and hoped the Council would put public and economic health at the forefront and move past individual, self-centered opposition. Councilmember Chen said DEMA proposed a fee of $500-700/month per parking space. He was taking the low end, $500 x 2 parking spaces is $1,000. He did not appreciate the comment about some Edmonds City Council Approved Minutes December 16, 2021 Page 13 Councilmembers don't care about businesses. Downtown businesses are not just restaurants, it is seniors who are encouraged to speak up, retailers, movie theater, the whole community, not just 17 restaurants. Council President Paine said the Council heard from businesses who were offering to pay $500-700/month. She understood from Mr. Doherty that the City has the ability to lease 40 parking spaces in a downtown lot. Mr. Doherty answered the parking lot near Bank of America, used in conjunction with Walkable Main Street, was rented on the weekends during the summer. He has contacted them about potentially renting the lot as a mitigation measure if the streateries are continued and it would be available. Council President Paine asked if the fee structure proposed by the stakeholder group was doable or could the parking lot be leased using other funding. Mr. Doherty advised ARPA funds could be used to lease the 40 spaces in the parking lot. Councilmember Fraley-Monillas said she has received messages from downtown businesses that Councilmember Chen is perhaps in error, their proposal was $500 for two parking spaces. As the liaison to the Snohomish Health District, she relayed COVID is not over yet and the new variant is much more contagious than previous variants although it may be less fatal. For those that think everything is fine and it's okay to eat inside, they are sticking their head in the sand. She reiterated it was appalling that some Councilmembers were not listening to DEMA and what the downtown businesses are saying and instead were listening to the 20 people that "keep battering us left and right" regarding getting rid of the streateries for various reasons. Councilmembers who want to do what is best for Edmonds need to do what keeps these businesses alive. Creating an environment where downtown businesses do not have the same equality as the rest of Edmonds is appalling. Councilmember Fraley-Monillas said there are a number of people who think parking spaces near their houses are free, but in fact it is public right-of-way. She recalled hearing people who live on 9`h and on 100t' say the parking spaces in ftont of their homes were theirs and questioned whether the City intended to charge those residents a fee. If the downtown businesses are charged for using the parking spaces of a streatery, the people who use public right-of-way as their own parking should also be charged. Anyone that does not think that is appropriate is pandering to "those that are high contributors into the future." If the Council is charging for parking spaces downtown, they need to charge people who utilize public parking as their own. Councilmember Buckshnis said 9 of the 17 restaurants with streateries have outdoor dining and some of the restaurants with streateries expanded into other areas of the City. Comments have included that retailers need the parking spaces; retailers have been more than kind and they are suffering. She did not understand why restaurants need to have both a streatery and outdoor dining. The emergency pandemic is over and although a new variant is emerging, there are many great outdoor dining options available. She summarized some people want to park downtown and some restaurants with streateries already have outdoor dining, many people are tired of shacks and want the streateries sunsetted with 15 days to remove them and then look at an overall, global project for the future as the streateries have been a successful for a short period of time. That short period of time, 18 months, has passed. Many people quit talking about the streateries because no one was listening. Like Councilmember K. Johnson, many of her constituents are older people and they do not come downtown because they cannot find parking. Mayor Nelson commented the discussion has been going on for an hour and 50 minutes and Councilmembers are beginning to repeat themselves. He was uncertain anyone would be persuaded by further discussion. Councilmember L. Johnson emphasized the emergency pandemic is not over and it is reckless to say otherwise. Over 800,000 United States citizens have lost their lives and it is projected that another 40,000 Edmonds City Council Approved Minutes December 16, 2021 Page 14 will lose their lives before January. She reiterated the emergency pandemic is not over and the City Council, as leaders, should not be putting that information out. Councilmember Fraley-Monillas double dared Councilmember Buckshnis to sit out in the rain in some of the outdoor dining spaces, most of which do not have roofs. DEMA offered a proposal and she was frustrated and appalled that some Councilmembers did not support downtown businesses. Councilmember K. Johnson said she does support downtown businesses. She pointed out a couple facts; Councilmember Chen's motion allows 30 days for restaurants who do not want to pay the fee to remove their structure. The fee is based on DEMA's offer of $500-750/month which totals $3000 for 4 months; Councilmember Chen's proposal is $4,000. Of the 17 restaurants with streateries, 9 have outdoor dining and/or patio dining, some with well -structured roofs and some of a more temporary nature. There needs to be more parking downtown; anyone going to a restaurant, a business or retailer should be able to use that parking. Currently, most of the parking is taken up by the streateries that are only used for a few hours a day. Lacking the ability to end streateries at the end of December, she will support Councilmember Chen's motion. Councilmember Fraley-Monillas repeated what she heard from business owners that their proposal was $500/month for two parking spaces. The fact that they recommended $500 is something the Council should consider and agree to. Councilmember Olson read from the letter, we propose a range of $500-750/month for the usage of the 2 parking stalls. To Councilmember K. Johnson's point, the proposal is close to the high end of their range. She was offended by the rhetoric and assertions that Councilmembers aren't pro -business or don't care about businesses as that was not fair or accurate. She has looked at this inside and out for the last 6-8 months and felt allowing the streateries to continue without a fee would be unfair to other businesses that have already made great compromise to accommodate the streateries. Councilmember Fraley-Monillas said it would also be fair for those who are using Edmonds parking strips for their own parking. If the Council wants to charge businesses $500-750, they also need charge those parking their vehicles in the City's rights -of -way. That is fair and something the Council should move forward with. Councilmember L. Johnson said she supports a fee that can be justified although she was uncertain what that was. She would prefer to allow the administration to research and come up with an appropriate fee, but that does not appear to be what is happening. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO AMEND THE AMENDMENT TO CHARGE $500 PER MONTH ON A MONTHLY BASIS FOR UP TO 6 MONTHS. Councilmember Buckshnis said Councilmember Chen's motion was for four months. Mayor Nelson clarified the amendment changed the fee and added two months to Councilmember Chen's motion. Councilmember Chen recalled asking 2-3 weeks ago what would be a reasonable fee and asked if staff had developed a more reasonable fee structure than DEMA's proposal. Ms. McLaughlin answered Edmonds does not have a paid parking structure which makes it difficult to assess the value of a parking space in downtown Edmonds. Typically the right-of-way is used for the collective good. Cities that have paid parking programs have a methodology to develop the cost of parking. Edmonds has not done that so she does not have that amount. She cautioned against negotiating that value at will rather than going through a tried and true methodology. It is important to recognize the collective public good and for it not to be a private negotiation with private property owners or merchants. Edmonds City Council Approved Minutes December 16, 2021 Page 15 Councilmember L. Johnson asked if it would be appropriate to make an amendment to direct the administration to come up with a defensible fee. Mayor Nelson stated, "we have and you've heard it." Ms. McLaughlin advised the current fee is a $110 flat fee with a $30 extension fee. The City does not charge for inspections but that is the reason for the extension fee. UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBERS K. JOHNSON, CHEN, BUCKSHNIS AND OLSON VOTING NO. Mr. Taraday said he listened carefully to Councilmember Chen's amendment and tried to draft text to be inserted into the code so he could share his interpretation of the amendment. He did not include the point about the task force as that did not belong in City code and the Council could vote on that later. Councilmember K. Johnson said Councilmember Chen emailed the amendment to Councilmembers earlier this week. Mr. Taraday said he did not receive the amendment. Councilmember Fraley-Monillas said she also did not receive it. Mr. Taraday reviewed how the code language would be revised if Councilmember Chen's amendment passed: • Sunset date changed to April 30, 2022 • 18.70.050.B changed to reflect that beginning January 1, 2022, the fee to extend a streatery permit shall be $1,000 per month due on the first of each month and requiring streatery operators not wishing to pay the permit extension fee to remove the streatery no later than the 15' of the month after the last month for which the fee was paid. Mr. Taraday said the above was his attempt to illustrate how the amendment would be reflected in the code. Councilmember Chen said what Mr. Taraday added to the code was not what he said. He restated the motion: APPROVE AN ORDINANCE EXTENDING EDMONDS STREATERIES THROUGH THE END OF APRIL 2022 WITH A ONE-TIME APPLICATION FEE OF $4,000 PER STREATERY. EACH STREATERY MUST COMPLY WITH THE TERMS OF EXISTING CODE AND OTHER APPLICABLE LAWS. BUSINESSES WITH EXISTING STREATERIES THAT DO NOT WISH TO APPLY FOR THE EXTENSION WOULD HAVE UNTIL MIDNIGHT OF JANUARY 15, 2022 TO REMOVE IT. ANY FEE COLLECTED WILL BE USED FOR THE BENEFIT OF THE PUBLIC MAKING THE RIGHT-OF-WAY AVAILABLE FOR BUSINESSES IMPACTED BY THE STREATERY SPECIFICALLY BUT NOT LIMITED TO PROVIDING FREE PARKING MADE AVAILABLE TO PUBLIC. Mr. Taraday clarified Councilmember Chen's motion was a one-time fee. Councilmember Fraley-Monillas expressed opposition to the amendment because it required each business to pay $4,000 in order to have outdoor dining. Councilmember Chen said given there was a misunderstanding about what DEMA offered, $500-750 per streatery which take up two parking spaces, he offered to correct the amendment to cut the one-time fee in half to $2,000. That would use the lower end of the fee proposed by DEMA, commenting it was extremely generous for other businesses. The pandemic does not impact just restaurants, it impacts us all. Councilmember Olson asked who seconded the motion. She recalled it was either Councilmember Buckshnis or her. Councilmember Olson said she would accept $750 per month, but not $500. Edmonds City Council Approved Minutes December 16, 2021 Page 16 Councilmember Fraley-Monillas encouraged Councilmembers to vote against this as requiring $750/month from businesses who are struggling is absolutely ridiculous. It was appalling to assume they could afford that and she agreed with Councilmember L. Johnson that it was an elitist approach. She would agree to $500 for 2 parking spaces as DEMA proposed. Council President Paine wanted to understand what numbers were being proposed as numbers were being floated around like Let's Make a Deal. It will need to be clear to write the ordinance and for Councilmembers to know what they are voting on. Councilmember K. Johnson reminded according to Robert's Rules of Order, Councilmembers can only speak twice on any motion and that has been exceeded. Mayor Nelson concurred. Councilmember Olson said in an effort to bring the emotion down and get rational, she assured restaurants were not struggling. She referred to staff s research that found restaurants were doing even better than the retailers. The Council wants everyone to be successful, the ordinance is not being extended because restaurants are struggling, but that was the reason the original ordinance was adopted. Staffs research justifies a more market -based approach for the additional dining space. If the streatery is helping their business, they should pay fair market value for the public space and providing that value back to the public. With regard to the amount, if she was considered the seconder to Councilmember Chen's motion, she will withdraw the second if the amount is below $750/month. Mr. Taraday suggested treating Councilmember Chen's change as an amendment to the main motion. COUNCILMEMBER CHEN MOVED TO CHANGE THE FEE TO $2,000. MOTION FAILED FOR LACK OF A SECOND. At Councilmember Fraley-Monillas' request, Councilmember Chen reread the motion: APPROVE AN ORDINANCE EXTENDING EDMONDS STREATERIES THROUGH THE END OF APRIL 2022 WITH A ONE-TIME APPLICATION FEE OF $4,000 PER STREATERY. STREATERY MUST COMPLY WITH THE TERMS OF EXISTING CODE. BUSINESSES WITH STREATERIES THAT DO NOT WISH TO APPLY FOR EXTENSION WILL HAVE UNTIL MIDNIGHT OF JANUARY 15, 2022 TO REMOVE THEM. ANY FEE COLLECTED WILL BE USED TO PAY FOR PARKING SPACES AND MAKE AVAILABLE TO THE PUBLIC. Mr. Taraday reviewed how the code language would be revised if Councilmember Chen's amendment passed: • Sunset date changed to April 30, 2022 • 18.70.050.B changed to reflect that beginning January 1, 2022, the fee to extend a streatery permit shall be a lump sum payment of $4,000 due on December 31, 2021. Streatery operators not wishing to pay the permit extension fee shall remove the streatery no later than 11:59 p.m. on January 15, 2022. The fee collected shall be used to rent parking spaces that will be made available to the public. Councilmember Olson recalled DEMA's proposal included something about being caught up on their fees with the City. Mayor Nelson advised the amendment before the Council is as Councilmember Chen read. UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCILMEMBERS K. JOHNSON, CHEN, BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS FRALEY-MONILLAS AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. Edmonds City Council Approved Minutes December 16, 2021 Page 17 Councilmember K. Johnson asked if it was now necessary to vote on the motion since the amendment seemed to eliminated it. Mr. Passey advised the Council was voting on the amended ordinance so it was appropriate to vote. Councilmember Olson asked for clarification, relaying her understanding throughout the process of amendments that a yes vote would continue the streateries and a vote no would not. Mayor Nelson advised the main motion is to approve the ordinance as amended. Councilmember Olson asked if a no vote meant the streateries did not continue. Mayor Nelson agreed. At Councilmember K. Johnson's request, Mr. Taraday repeated the main motion. TO ADOPT THE ORDINANCE IN THE PACKET AS AMENDED BY COUNCILMEMBER CHEN'S AMENDMENT THAT THE COUNCIL ADOPTED. UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, CHEN, FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBERS BUCKSHNIS AND OLSON VOTING NO. COUNCILMEMBER OLSON MOVED TO INCLUDE THE DEMA RECOMMENDATION THAT ALL FEES FOR A PARTICIPANT BE UP-TO-DATE. Councilmember Buckshnis raised a point of order, stating the amendment should have been offered before the Council voted on the ordinance. Councilmember Olson asked if there was any way to include it. Mr. Taraday said someone who voted on the prevailing side of the last vote could move to reconsider. 5. 2022 LEGISLATIVE AGENDA Community Services & Economic Development Director Patrick Doherty reviewed language added to the 2022 Legislative Agenda that reflects changes offered by Councilmembers at a previous meeting with regard to Gun Violence Prevention, Law Enforcement Laws, Bolster Resources for Infrastructure, Public Defense Costs, and Land Use Issues. In addition as Ranked Choice Voting was removed from Tuesday's agenda, the Council may wish to remove that from the Legislative Agenda. the Councilmember K. Johnson commented there is usually a bullet regarding unfunded mandates. Mr. Doherty referred to the bullet, Fiscal Impacts of Legislation and Rule Making. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE 2022 LEGISLATIVE AGENDA WITH THE EXCEPTION OF THE RANKED CHOICE VOTING PARAGRAPH. Councilmember Olson said she will support the motion but she is personally disappointed that ranked choice voting was not included because she feels it has a value and that communities will be well served by adopting that approach. She looked forward to that agenda item and possibly adopting a resolution if the Council and community are comfortable with it. As was discussed previously, if the House bill passes, it allows municipalities to do ranked choice voting but does not require it. She was personally disappointed it was not included in the legislative agenda but she looked forward to considering the resolution and having a robust discussion in the future. MOTION CARRIED UNANIMOUSLY. 10. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS Edmonds City Council Approved Minutes December 16, 2021 Page 18 OUTSIDE BOARDS AND COMMITTEE REPORTS 11. COUNCIL COMMENTS Councilmember Chen wished Happy Holidays to everyone including City staff, the Mayor, Council and the public. He urged everyone to enjoy the holidays, but the Omicron variant is still around, they should be safe and to get vaccinated to protect themselves, their family and the public. Councilmember K. Johnson said this was the last meeting of the year for the City Council who have earned a well -deserved break. She wished the public a very Merry Christmas, Happy Hanukkah, Happy New Year and whatever holidays are appropriate to them. Council President Paine thanked Mr. Doherty for his years of service in the public sector, commenting 40 years is a long time and this is a well -deserved retirement. She imagined it would be a retirement fail and that he would find something interesting to do and send the City postcards from wherever that was. She hoped he continued to work on his language skills, international travel and other things he enjoyed. She will miss his sense of humor and his erudite look at things. Council President Paine thanked Councilmember Fraley-Monillas for her years of service. She expected that she would still be involved after 12 years on the Council. She appreciated Councilmember Fraley- Monillas' advocacy for Highway 99 issues and human services that are important to the community. She wished everyone Happy Holidays and urged the public to enjoy the holidays, stay safe, and enjoy their families. Councilmember Olson commented it was fitting for a very tiring year that the Council had this last very tiring session. The streateries were a good way in the short term to address the COVID emergency, but they are just one way to provide COVID-safe dining. She encouraged restaurants to offer an indoor dining option with proof of vaccination, along the lines of what the Edmonds Center for the Arts has chosen to do, anticipating a lot of patrons would appreciate that. She wished everyone Happy Holidays and gave her best wishes to Mr. Doherty and Councilmember Fraley-Monillas. Councilmember Buckshnis said she already gave Mr. Doherty her video. If this had been a regular meeting, she was certain there would have been a lot of people thanking Councilmember Fraley-Monillas for her years of service. Since she is the old timer, she will provide a walk back in history. Over the 12 years she and Councilmember Fraley-Monillas have served, they have worked with five mayors, six finance directors including two interim directors, three parks and recreation directors, four human resource directors, two community service directors, three police chief including one acting chief, thirteen councilmembers and three council executive assistants. They have read thousands of documents, participated in public forums and town halls and it was obvious Councilmember Fraley-Monillas deserved a standing ovation because 12 years was a very long time. She hoped people realized the amount of work that goes into the job; it was obvious Councilmember Fraley-Monillas has her heart in it. She appreciated all her hard work over the years for Highway 99 and the Diversity Commission. Most importantly she is a great mom and Dominic is a wonderful man. Councilmember Fraley-Monillas has given him the opportunity to also flourish by bringing him to meetings and things of that nature. She wished peace out to Dominic and Councilmember Fraley-Monillas. She hoped Councilmember Fraley-Monillas would enjoy her Tuesday evenings and no longer worry about coming to Council meetings. She wished all a Merry Christmas, Happy New Year, Happy Hanukkah, Happy Kwanzaa and Happy Holidays. Councilmember L. Johnson said Councilmember Fraley-Monillas has been a model of strong leadership and dedication to service. She has shown that it is okay to rock the boat when necessary, and although she sometimes made a few more waves than she was ready for, her unwavering dedication to promoting equitable change is clearly evident. Councilmember Fraley-Monillas will be missed here but she was sure Edmonds City Council Approved Minutes December 16, 2021 Page 19 she would be seeing her. To Mr. Doherty, she was jealous of his retirement and anticipated he would have a blast. She wished him the very best, commenting it had been a pleasure to work with him and his creativity will have a lasting, positive imprint on the City. Councilmember L. Johnson said the pandemic is still with us so she urged the public to take all precautions however they may be gathering. Numbers are expected to rise and she encouraged the public to wear masks, wash hands, practice social distancing, test, and take all other precautions. She hoped everyone was able to find peace and comfort over the season as we enter the winter solstice and light slowly returns. Councilmember Fraley-Monillas thanked her family, commenting 12 years of being locked into the Council has been a long road. They have been supportive and stood behind her from day one. She thanked those who have agreed with her when comes to various issues, most recently Council President Paine, Councilmember L. Johnson and former Councilmember Distelhorst, she appreciated them a great deal. She also expressed her appreciation for former Councilmembers Lora Petso, Strom Peterson, Steve Bernheim, Michael Plunkett, and Dave Orvis, Councilmembers who helped guide her and she thanked them for their leadership and understanding. She also thanked Natalie Seitz and Fay May who stand up for Highway 99; John Reed, a good person who understood what Edmonds needed and whom she missed; Marjie Fields who is amazing; Vern Woods, Erika Mayor Nelson for her great leadership; Val Stewart, Mike Shaw who has always been there for her; Maria Montalvo; Joe Hampson; Bob and Linda Moony, her aunt and uncle who have been part of the City for a long time; Rose and Maria Cantwell, friends from day one whom she appreciated. Councilmember Fraley-Monillas continued, that being said, although she had a long list of people to thank, she urged everyone to be careful moving forward. There is a group called the Downtown Elections group that became Edmonds Good Governance and then the Civic Roundtable who have included ACE in their posse as far as what they believe in. She wanted citizens to understand they were in control of their City, not these groups, not those people or even the Council. Citizens need to continue to stand up for what they believe in and understand what Edmonds needs. She loves Edmonds and has lived here most of her life, over 35 years. Edmonds is a fantastic city and everyone wants the same thing, how they get there may differ. She encouraged citizens to continue to stand up for what is right, assuring she will continue to be involved. She has received multiple calls about creating a new blog regarding what's behind the City Council, what people don't know, and what they need to know. She signed I love you, and assured she would be here in the future although sitting in a different place. She will have more freedom in speech which she will enjoy. Currently she is held to the Council Code of Conduct but won't be in the future. 12. MAYOR'S COMMENTS Mayor Nelson thanked Mr. Doherty for his many years of service to many cities, but especially Edmonds. He enjoyed working with him as a Councilmember as well as Mayor. He greatly appreciated his experience, advice and counsel, his willingness and eagerness to dive into any and every challenge and problem, and his professionalism and dedication. He will miss working with him and wished him all the best moving forward, noting the City will not be the same without him. Mayor Nelson thanked Councilmember Fraley-Monillas for her service, stating he had enjoyed working with her as a Councilmember, has enjoyed her energy and passion for the City and wished her all the best. He wished the Council and future Councilmembers the best now and into the future. He hoped all had a wonderful and safe holiday, and urged all to get boosters and vaccinations if they hadn't yet. He wished all a Happy New Year. Edmonds City Council Approved Minutes December 16, 2021 Page 20 13. ADJOURN With no further business, the Council meeting was adjourned at 9:44 p.m. MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes December 16, 2021 Page 21 Public Comment for 12/16 Council Meeting: From: Greg Sent: Thursday, December 16, 2021 4:06 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Edmonds Marsh Estuary Restoration Management The council has heard many reasons from a concerned public about the direction that the city plans for restoring of one of the jewels of Edmonds. If restoration is to be managed by the Stormwater Utility department, it would be helpful for all if we could be provided with a clear explanation for why the city considers the prime function of the Edmonds marsh estuary to be stormwater retention. Regards Greg Ferguson Edmonds City Council Approved Minutes December 16, 2021 Page 22