cmd120721EDMONDS CITY COUNCIL
VIRTUAL ONLINE MEETING
APPROVED MINUTES
December 7, 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
ALSO PRESENT
Brook Roberts, Student Representative
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Patrick Doherty, Econ. Dev & Comm. Serv. Dir.
Jessica Neill Hoyson, HR Director
Susan McLaughlin, Dev. Serv. Director
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Dave Rohde, GIS Analyst
The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The
meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Buckshnis read the City Council Land Acknowledgement Statement: "We acknowledge
the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip
Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We
respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection
with the land and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present, participating remotely.
4. APPROVAL OF THE AGENDA
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO AMEND TO ADD ITEM 8.4, RESOLUTION SUPPORTING HOUSE BILL 1156,
RANKED CHOICE VOTING, TO THE AGENDA AND MOVE THE CURRENT ITEM 8.4 TO 8.5.
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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.
COUNCILMEMBER BUCKSHNIS MOVED. SECONDED BY COUNCILMEMBER K.
JOHNSON, TO MOVE ITEM 8.1, PRESENTATION OF NON -REPRESENTED EMPLOYEES
COMPENSATION STUDY, TO NEXT WEEK'S PERSONNEL COMMITTEE MEETING.
Councilmember Buckshnis recalled this went through the committee process four years ago and it should
be vetted at the committee level. This is only a presentation tonight without a recommendation and there
are other important items on tonight's agenda.
Councilmember L. Johnson pointed out there are consultants present for this item, therefore, the Council
should move forward as planned.
Councilmember Fraley-Monillas explained not everything goes before committee; the committee does not
supersede the Council, the Council supersedes the committee. Understanding there are consultants
present, it would be a waste of tax dollars to not at least hear the report and the recommendation. She
encouraged Councilmembers to vote against the motion because there were consultants present to make a
presentation.
Council President Paine relayed her understanding that the presentation will include the methodology of
the compensation study and not the details. The details regarding the compensation study could occur at
the Personnel and Finance Committee meetings next week. She supported hearing the presentation
tonight, anticipating it would be a good education for Councilmembers.
Councilmember Buckshnis pointed out the Council is meeting in Zoom and it is only 7:05 p.m. so the
consultants can easily leave the meeting and come next week. She anticipated tonight would be a very
long meeting and there were other items that needed to be discussed and voted on. She preferred to have
this reviewed at the committee level first.
Councilmember K. Johnson said as a member of the Personnel Committee, it was more appropriate to
first vet this through the committee process rather than the full Council followed by the committee. She
supported the motion and hoped other Councilmembers would also support it.
Councilmember Olson said these were good arguments for why this item should not have been scheduled
on the Council's agenda in the first place. However, now that it's scheduled, she asked if the consultants
would be available next week. She suggested having the consultant's presentation tonight and the review
at committees next week.
Councilmember Fraley-Monillas reiterated Council committees do not supersede the Council, the Council
supersedes the committees. She was willing to listen to the consultants and agreed with Councilmember
Olson that the discussion could occur at committee. She said cherry picking what should go to committee
or Council was fairly inappropriate and she encouraged Council to vote against the motion and hear the
consultant's presentation tonight and perhaps take it to committee next week.
Councilmember Chen said if the intent tonight was just to listening to the presentation and not make any
decision, he was willing to listen to the presentation. Mayor Nelson agreed that was the intent.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
AMEND THE AMENDMENT TO MOVE ITEM 8.1, PRESENTATION OF NON -REPRESENTED
EMPLOYEES COMPENSATION STUDY, TO PRESENTATIONS.
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Page 2
Councilmember Buckshnis suggested if the City is paying consultants, agenda planning should have
placed this on the agenda as a presentation.
Councilmember Buckshnis said as it seems to be the will of the Council to listen to presentation, but it
should be under Presentations at the beginning of the agenda as all other presentations have been
throughout the year, not as Council Business.
Council President Paine expressed support for moving this to Presentations prior to Audience Comments.
Mayor Nelson restated the motion
TO MOVE THE NON -REPRESENTED EMPLOYEES COMPENSATION STUDY FROM ITEM
8.1 TO ITEM 5.
Councilmember Buckshnis advised this is a substitute amendment to take the place of her first
amendment.
Councilmember L. Johnson asked whether the consultants were present and prepared to make their
presentation now. Looking at the agenda, they may have anticipated there would be a lot of public
comment before their presentation. HR Director Jessica Neill Hoyson answered the consultants planned to
be here at 7 p.m. and were prepared to present.
Councilmember K. Johnson observed this item was scheduled for 45 minutes. As Council President
Paine indicated the consultant planned to only review the methodology, asked if the presentation could be
less than 45 minutes. Ms. Neill Hoyson anticipated the presentation which includes background,
methodology and initial findings would take about 30 minutes.
AMENDMENT CARRIED UNANIMOUSLY.
MOTION CARRIED UNANIMOUSLY.
5. PRESENTATIONS
PRESENTATION OF NON -REPRESENTED EMPLOYEES COMPENSATION STUDY
HR Director Jessica Neill Hoyson introduced Shannon Drohman, Principal, and Kathy Marek, Senior
Consultant, Compensation Connections. Ms. Drohman advised the presentation would take approximately
15 minutes. Ms. Neill Hoyson explained this project encompassed all the positions in the City excluding
the wastewater treatment plan which was studied earlier this year and the police positions. Tonight is high
level information so all Councilmembers understand the methodology as well as a brief preliminary
finding on Non -Represented employees. If the Council wants it vetted at the committee level, more
detailed data can be presented to committee; there is no detailed data in tonight's presentation.
Shannon Drohman explained the Council approved an updated compensation policy this summer which
included compensation goals; the policy and goals were a foundation for the market study. She reviewed:
• Compensation goals
o To attract and retain employees
o To pay employees fairly and to ensure pay equity and internal equity
o To be externally competitive by providing compensation commensurate with the labor market
o To be fiscally responsible and legally defensible
• Market Definition
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o Policy defined the City's comparable labor market as cities in Washington State based on
population, assessed valuation, and assessed valuation per capita with a bandwidth of 50% up
and 50% down. We researched compensation market data for these comparable cities.
o Cities in Washington State
City County Population Assessed Valuation Per Capita
Issaquah King 38,690 11,966,058,762
309,280
Edmonds Snohomish 42,470 11,011,221,440
259,271
Bothell King/Snohomish 48,400 12,354,415,516
255,257
Mukilteo Snohomish 21,360 5,444,416,654
254,888
SeaTac King 29,180 6,965,017,090
238,691
Shoreline King 56,980 11,637,183,574
204,233
Lynnwood Snohomish 40,690 7,503,860,299
184,415
Puyallup Pierce 42,700 6,928,321,607
162,256
Burien King 52,300 7,794,662,044
149,038
Olympia Thurston 54,150 7,741,414,390
142,962
Lacey Thurston 52,910 7,268,934,236
137,383
o Other employers may be considered when relevant in the labor market
■ The policy also states that other local government agencies and private employers may be
taken into consideration when they are determined to be a relevant factor in the City's
labor market.
■ To round out the market data, we utilized additional published survey sources that reflect
employers of similar size to the City of Edmonds, in the public and private sectors.
- ERI - government
- CompAnalyst - government
- Milliman - government
- CompAnalyst - all industries
- Compdata - all industries
- Milliman - all industries
- Some of City jobs not in
■ Reflects broader labor market that City competes for talent
■ Some of the City's jobs are not in the other comparable city data.
Market Study Methodology
o Focus on job content and qualifications when matching, not just job titles
o At least 3 data sources per job
o Utilize the median (50'1' percentile) as the market reference point
Market Reference Point and Salary Scales
50th Percentile of Market
Minimum Midpoint Maximum
---- Pay Range ----
Salary Scale Findings and Recommendations
o Compared the current non -represented salary scale to the market data and found it to be about
6 percent below market. This is based on the overall market data for all of the city's jobs
compared to the current salary scale. So this recommendation is adjusting the whole salary
scale up to reflect the market.
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o We also looked at the placement of each job within the salary scale to determine if any jobs
might be a better fit in a different salary range, based on the market data. We found that 29
jobs move to a higher salary range.
o Recommend 29 jobs move to a different salary range
■ Administrative Services Director ■
Human Services Program Mgr.
■ Associate Engineer ■
IS Manager
■ Associate Planner ■
Park, Rec & Cultural Service Dir.
■ Building Official ■
Planner
■ Capital Projects Manager ■
Planning Manager
■ City Engineer ■
Police Chief
■ Comm Svc/Econ Dev Director ■
Public Works Director
■ Deputy Parks Director ■
Recreation Supervisor
■ Development Services Director ■
Senior Planner
■ Engineering Program Manager II 0
Senior Utilities Engineer
■ Exec. Assistant To The Mayor ■
Stormwater Engineer
■ Executive Assist Confidential ■
Street-Stormwater-Manager
■ Facilities Manager ■
Transportation Engineer
■ Fleet Manager ■
Urban Forest Planner
■ HR Director
o We are seeing these types of changes, salary
structure changes and job placement changes,
right now with every employer we work with.
o If the Council implemented the proposed changes for Non -Represented employees:
■ 39 people eligible for a pay increase
■ Total increase amount $220,409
■ Increase percent: 5% of salary budget
With regard to the process, Ms. Neill Hoyson explained when market adjustments were done in the past
with one of the bargaining groups, what was recommended and implemented looked at how the
individuals moved once the salary schedule was adjusted and the individual positions were adjusted. The
individuals were moved into their new range at the rate of a 1-step increase if their position moved 1-2
ranges, and a 2-step increase if the position moved up 3 or more ranges. She asked the consultants to be
consistent with what Council has approved in the past on the individual employee level which resulted in
the $220,409 impact. If the Council wished, the detailed information could be shared with committees
next week instead of returning to Council next week.
Councilmember Buckshnis referred to the comment, move everyone up, recalling the original consultants
developed a seven -step system. She asked if the consultant was suggesting abandoning the steps and
creating new ranges. She asked if the recommendation was to move the steps up or create a new system.
Ms. Drohman answered the same seven steps would be maintained and the dollar amount increased
within all the ranges in the steps. It would not change the framework or design, but increase the dollar
amounts within the schedule.
Councilmember Buckshnis expressed support for the Personnel Committee vetting this further. For
example, she was unsure what an Executive Assistant Confidential was.
Councilmember Fraley-Monillas said a Non -Represented Executive Assistant is someone like the
Mayor's or the Council's Executive Assistant, employees who maintain confidentiality. She referred to
the recommendation for a 5% increase and asked about the amount approved for the represented
employees. Ms. Neill Hoyson answered the Council has not yet had a bargaining strategy session to
discuss the results of the represented compensation analysis. Part of the purpose of having this
informational meeting prior to a bargaining strategy was so Council would have the information regarding
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the background methodology. The changes to the represented positions will be discussed in a closed
bargaining strategy session.
Councilmember Fraley-Monillas anticipated the represented employees would want 5% if the non -
represented employees received 5%. Approving raises for non -represented would be considered
aggressive bargaining because if the represented did not receive the same raises, there would be an
argument. Ms. Neill Hoyson suggested waiting to discuss that in a bargaining strategy session which is
part of the reason for a holistic look at all the positions rather than doing it piecemeal or doing the non -rep
separate from the represented. Normally per policy the Council would not be getting market data on the
represented staff and would make a decision about the non -reps because represented staff are typically
done during bargaining and no compensation study was done. The reason for the compensation study was
to allow Council to look at the information holistically and make a decision as a whole on the positions.
She anticipated Councilmember Fraley-Monillas' questions would be answered when information is
provided in the bargaining strategy session.
Councilmember Fraley-Monillas anticipated whatever is given to the non -represented employees, the
represented employees will want more. This will cost more than 5% for the non -reps as there will also be
a cost for the represented employees.
Council President Paine advised she will put this on next week's Personnel Committee and Finance
Committee agendas for 30-45 minutes.
5. AUDIENCE COMMENTS
Mayor Nelson invited participants and described the procedures for audience comments. There is a public
hearing later on agenda regarding streateries; this is an opportunity to speak regarding anything else.
Linda Ferkingstad, Edmonds, asked if the Council believed in the rule of law and in the oath they took
when they took elected office to uphold the laws and constitution of the United States and if so, why did
they dishonor it by voting for the Edmonds Tree Ordinance? She asked why the City had taken possession
of trees on undeveloped private property, forcing owners to buy them back from the City before their
property can be divided and trees removed to make room for new single family homes. It is a
discriminatory regulatory and financial governmental taking of private property. If the City wants their
trees, the City can buy them and should not make them pay for them twice. If a property owner is to
escape the illegal taking, they must retain 50% of significant trees on their property. It is arbitrary; they
are not allowed to use their property as zoned without extra arborist and engineering costs and they have
limited use. For them, it is more than 28 significant trees on each 1/3 acre lot. She questioned whether
Councilmembers had that many trees on their lots, whether they were able to see the sun from their homes
or have gardens, noting this ordinance does not allow new homeowners the privileges Councilmembers
enjoy. The excessive amount of trees required to be retained restricts natural sunlight and mountain and
Sound views from their homes.
Ms. Ferkingstad said they want to retain trees on their property but are required to buy their trees from the
City again before paying for removal to build single family homes on single family zoned properties. The
City needs more affordable single family homes; Edmonds is making it very expensive to build homes on
available single family zoned undeveloped property with unproductive fees and labor intensive
regulations. She urged Councilmembers to consider the burden they have placed on owners of
undeveloped property with the tree ordinance. Properties with trees have become nearly unsellable,
devalued by the number of trees growing on them. She requested equal treatment afforded to the builders
of all homes, including Councilmembers' homes, before November 2020. Should a class action lawsuit
occur, the City could be responsible or three or more times the financial damages caused to property
owners, a huge cost to all Edmonds taxpayers and the fault would lie with this Council. She urged the
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Council to follow the laws of the land and rescind the Edmonds tree ordinance, to consider the concern of
Edmonds' citizens when reminding them of laws stretched or broken while conducting Council business,
and to value the rule of law and uphold the laws of the constitution they wore to uphold. She thanked the
Council for their service and consideration of her comments.
Cynthia Sjoblom, Edmonds, said she did not want to be muzzled from speaking about streateries during
Audience Comments and she may have additional comments during the public hearing on streateries. She
expressed concern the public was not allowed to speak on November 16' if they spoke about the budget
on the 9'. She questioned increasing the Director of Development Services' salary when she was placed
at the top of the pay scale and thanked the Council for giving away taxpayers' money. She referred to
Mayor Nelson's letter to the editor, "Not Time to Pull the Plug on Streateries," and said the Mayor's role
was not to use the local media to influence his opinions; as an executive, his job was to handle the budget
and enforce the laws, rules and regulations of the City. She provided excerpts from comments on My
Edmonds News, Annette Border stated the streateries in no way enhance downtown. They detract from
the ambiance that was downtown Edmonds; Mark Cooper said asking three questions and guiding our
city's future from that is, well for lack of a better word, elementary. Take a real survey and get real
results. Stop playing like you don't have some agenda. The outside dining is unsafe, unfair, illegal and
doesn't meet health code.
Councilmember Fraley-Monillas raised a point of order that Ms. Sjoblom was speaking to the public
hearing topic. Ms. Sjoblom said she did not think people could tell her what she can speak about during
general audience comments so "butt your nose out and let me finish." Mayor Nelson suggested the public
refrain from disrespectful language. Ms. Sjoblom continued, Tina Wilson said I would buy this argument
if the streateries weren't empty half the time.
Councilmember Fraley-Monillas again raised a point of order about the subject of Ms. Sjoblom's
comments. Ms. Sjoblom said no one should be able to dictate what she says. Mayor Nelson said to give
everyone equal opportunity and not allow some to speak twice on the issue, there is a public hearing later
on the agenda regarding the streateries. Audience Comments are intended for any matter not pertaining to
streateries.
Ms. Sjoblom said there are people on the Council who do not give a damn about what the public wants,
Councilmember Fraley-Monillas, Council President Paine, and Councilmember L. Johnson. Citizens are
sick and tired of how they constantly vote against the public and don't seem to care about what the
citizens want. Ms. Sjoblom alleged Councilmember Fraley-Monillas was signaling crazy and said she
planned to report it on the City's hate portal. She concluded her comments with "goodbye Monillas, good
riddance."
Kyle Weisbrod, Edmonds, a volunteer with Fair Vote Washington, thanked the Council for considering
the resolution proposed by Councilmember Olson to endorse HB 1156, the local option for ranked choice
voting. Democracy, election fairness and civic health are always important but particularly in this time
and ranked choice voting offers an opportunity to advance all of those. Washington State law currently
requires municipalities to use a top two primary system. In that system, all races with more than two
candidates on the ballot require a primary and the top two vote -getters in the primary then advance to the
general election and voters choose between those candidates. HB 1156 hopes to advance a proven
alternative to top two voting called ranked choice voting. In ranked choice voting, voters rank candidates
by preference and first place votes are then tallied. If a candidate receives 50% of the votes, just like
before, they are the winner. However, if no candidates receive 50% of the vote, the last place candidate is
eliminated and voters who chose that candidate first have their votes allocated to their second choice
candidates. This process repeats until a candidate receives over 50% of the vote.
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Mr. Weisbrod continued, there are numerous benefits to ranked choice voting including cost reduction to
both municipalities and candidates and better representation for historically marginalized communities.
The biggest potential benefit is that ranked choice voting has been shown to elevate the content of
political campaigns. Candidates are incentivized to appeal to a broader portion of the electorate in hopes
of getting second and third place votes. Cities and states that use ranked choice voting receive more
positive campaigns and greater focus on solutions and common ground. The passage of HB 1156 would
simply give the City the option to use ranked choice voting; if it passes, the City can dig deeper into the
data and have a broader conversation with residents about whether it makes sense for them. Without HB
1156, the promises and potential of ranked choice voting will remain unavailable. He hoped the Council
would vote to pass the resolution and let Olympia know they should give Edmonds and other cities in the
state the option to decide what is best for its elections.
Ardeth Weed, Edmonds, Diversity Commission Member, said the commission has been honored to
offer the land acknowledgement before each of their monthly meetings. When the commission and staff
met with tribal representatives this past summer to prepare information for a potential Indigenous Peoples
Day observance in October, they were made aware that the current acknowledgement is not fully
inclusive of all tribes with historical ties to greater Edmonds which includes for example the Snoqualmie
Tribe. The current statement refers to the Tulalip Tribe and their successors; after discussion, the
commission offered a simple revision to the acknowledgement for City Council's consideration. Instead
of referring to the Tulalip Tribes and their successors which is not fully inclusive, the commission
suggests referring to the Coast Salish people. The land acknowledgement would then read as follows:
"We acknowledge the original inhabitants of this place, the Coast Salish people and their successors the
Tulalip Tribes, who since time immemorial have hunted, fished, gathered on, and taken care of these
lands. We respect their sovereignty and their right to self-determination, and we respect their sacred
spiritual connection with the land and water." She said this simple change would make the tribes who
have not been included feel included. Next, she thanked Councilmember Fraley-Monillas and
Councilmember Distelhorst for their service on the Diversity Commission and welcomed Councilmember
Chen to the commission.
Nathaniel Cook, Edmonds, volunteer with Fair Vote Washington, said in recent years he has come to
believe that ranked choice voting was one of the single most effective upgrades that could be made to the
political technology of the representative democracy. He thanked the Council for considering a resolution
supporting HB 1156. The ranked choice voting system of ranking candidates by order of preference
accomplishes a number of important tasks simultaneously. First, it eliminates the so-called spoiler effect
from elections between three or more candidates. Under ranked choice voting, voters who prefer a third
party or independent candidate can vote their conscience knowing that even if their first choice does not
receive enough votes to be considered a final contender, their vote will be reallocated to the next choice
among those remaining rather than being wasted. Giving voters this confidence can prevent the
phenomenon of vote splitting that helps more unified but less popular political factions to win elections
against larger consensus political factions with just a plurality of votes. Perhaps paradoxically, the same
features of ranked choice voting that make spoilers obsolete and favor political consensus building will
promote more diverse political thought, broadening voter choice and representation. When voters do not
feel the need to support one political extreme or the other to avoid the worst of two bad options,
alternative candidates can realistically expect to do well in elections based on the merits of their
individual policy ideas and character rather than their party affiliation. When candidates are incentivized
to win elections by actually addressing the concerns of their constituents rather than sticking to an
established party's one -size -fits -all slate of solutions, many more will do so.
Mr. Cook continued, ranked choice voting has been shown to increase the total number of candidates and
the number of candidates from under -represented groups winning elections in jurisdictions where it has
been implemented. Ranked choice voting can lead to more positive elections by encouraging cooperation
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and even joint campaigning between like-minded candidates. Since ranked choice voting does not limit
voters to a single choice, candidates are incentivized to engage in affirmative issue -based campaigning
focused on shared concerns with their opponent's constituency rather than differences in order to rank
higher on their ballots. This results in less negative campaigning as shown in a 2013 survey in which only
5% of responding voters in three ranked choice voting cities thought candidates criticized each other a
"great deal" as compared to a fully 25% of respondents in non -ranked choice voting cities. He applauded
the Council for considering the resolution and hoped they would vote to pass it.
Eric Bidstrup, Edmonds, volunteer with Fair Vote Washington, a non -partisan, non-profit organization
advocating for ranked choice voting, supported the Council passing a resolution in support of HB 1156 to
allow local jurisdictions the choice to adopt ranked choice voting if they so desire. HB 1156 is about
enabling that local choice and does not force anyone to uses ranked choice voting. There are many
benefits of ranked choice voting hat Kyle and Daniel spoke to; for him, the most important benefits of
ranked choice voting is how it has proven to reduce contentious campaigning in these very contentious
times in the country and community and reducing negative campaigning and returning to more civil
discussions and debates on how best to meet the needs of the community. Ranked choice voting helps
reduce negative campaigning as candidates must campaign not only to be a voter's top choice but also
consider gaining support as a second, third or subsequent choice. Importantly, ranked choice voting is not
a partisan issue and has support from both republicans and democrats both nationally and across the state.
The Republican Party in Indiana, Utah and Virginia all used ranked choice voting in their 2020
conventions and legislators in Utah have just introduced legislation to adopt ranked choice voting for all
state and federal offices expanding beyond the 23 cities in Utah that already use ranked choice voting.
Mr. Bidstrup continued, in 2020, Virginia passed a local options bill like HB 1156 and both parties in
Virginia used ranked choice voting to select their candidates for the 2021 election. Many are crediting
that with selecting more moderate republican candidates that actually won their top office in that state.
San Francisco, Oakland, Minneapolis and most recently New York City in 2021 also adopted ranked
choice voting for city offices and Maine and Alaska have adopted ranked choice voting for all elections.
In Washington, HB 1156 also has bipartisan sponsors and has also received bipartisan support in the
House Committee on State Government and Tribal Relations as well as in the House Committee on
Appropriations. It is expected to come up to the House floor for a vote sometime after the legislative
session resumes in early January. HB 1156 is about simply enabling jurisdictions to choose ranked choice
voting if they want and does not force anyone to use it. He urged the Council to pass the resolution in
support of HB 1156 as well as including it in the Edmonds 2021 legislative priorities.
Carolyn Strong, Edmonds, said she would speak on streateries now because in the past, the rules
regarding who can speak during hearings was changed without notice and she was denied her right to
speak.
Councilmember Fraley-Monillas raised a point of order. Mayor Nelson advised there was a public hearing
tonight regarding streateries and he promised she would be able to speak regarding streateries during the
public hearing. Audience Comments is for any subject that is not part of the public hearing. Ms. Strong
asked whether Mayor Nelson made that decision or whether the Council voted on it as last time the
Council voted to deny her right to speak during the public hearing.
Councilmember Fraley-Monillas raised another point of order, suggesting Ms. Strong speak during Item
7.1. Ms. Strong said in the past, the Council chose to deny her that right and a list was created of people
who could not speak during the public hearing. She agreed to speak to the streateries later.
Ms. Strong said she was denied the right to speak during a public hearing without notice. She provided
comments during Audience Comments and then, without any notice, she was not given the right to speak
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during the public hearing. She had prepared remarks for the hearing as did other people, but the Council
changed the rules and did not allow people to speak and did not provide any notice of that. She questioned
how people could trust that they would have an opportunity to speak during a public hearing in the future
when it can change at a moment's notice. She did not trust Mayor Nelson when he said she would be
allowed to speak as that was the Council's decision. She feared the Council President who did not allow
her to speak would do it again.
Councilmember Buckshnis raised a point of order, advising Ms. Strong she was correct and many people
complained. It was a legislative decision but different Councilmembers were present today who would
probably not vote to have citizens' voices taken away. She suggested Ms. Strong wait until the public
hearing on streateries and provide her comments then. Mayor Nelson advised this is not an interactive
session but a comment section. This was not a point of order but was turning into a town hall. Ms. Strong
said she would take Councilmember Buckshnis' point and raise her hand to speak during the public
hearing.
Lora Hein, Edmonds, commended the Mayor and Councilmembers for their restrain and composure in
the face of uncivil and personal attacks levied by some members of the Edmonds community, many of
whom claim to speak for others. They do not represent her or many of the neighbors she knows
personally. In spite of their claims of being the majority, she believed most Edmonds residents were more
caring and considerate than what has been witnessed.
Larry Wilson, Edmonds, a resident on Daley Street, advocated for a flashing crosswalk sign on Daley &
91}i, a street with a 25 mph speed limit. He has witnessed people crossing into the opposing lane as he
crosses, has counted ten vehicles as he is standing in the middle of a lane, and Holy Rosary students also
cross there. He is not the only person with these complaints. He requested the Council advocate for a
flashing crosswalk sign at the intersection of Daley & 9', expressing surprise that Councilmember Olson
had not advocated for it. The only other place to cross is on Main and those living in Emerald Hills and
north will not walk that far. He has talked to the Traffic Engineer Mr. Hauss but is appealing to the
Council for their input into the situation.
Deborah Arthur, Edmonds, recommended giving 5% to both the represented and non -represented
employees as 5% is not that much of a raise particularly with the current and potentially future inflation.
She suggested ensuring all the positions are necessary. She relayed her understanding of the need to retain
trees to prevent water runoff into the Bowl. A resident of Five Corners, she has watched huge trees be
removed, including one where a bald eagle used to nest. She estimated half the trees on the hill have been
removed, trees that need to be retained to save the sewer system and the marsh. She referenced her own
yard, stating she was a master gardener and has been gardening all her life. She suggested paying
residents a good sum not to remove trees if they save a couple beautiful, majestic trees.
Dee Cooper, Edmonds, expressed frustration with bullying occurring in the community. She learned
when she speaks online to the Council and the public, she is being recorded and put on a TikTok which
she found really terrible, absolutely disgusting and bullying. A lot of members know about this as well as
Diversity Commissioners who have liked the page. A senior government official's wife also liked the
page at one point. She urged citizens of Edmonds to stop cyber bullying and she refused to be silenced by
this disgusting cyber bullying. Everyone has the right to speak their mind without being frightened or
threatened because a white woman spoke about something happening in Edmonds. She will report
everyone who liked the site as a hate crime so everyone knows who is involved in this. It is important for
all citizens to feel free to speak at a Council meeting without the threat of cyber bullying.
Natalie Seitz, Edmonds, said it may surprise some to find the City does not own the land that Mathay
Ballinger Park is on in its entirety. The play structure is partially located on right-of-way and
Edmonds City Council Approved Minutes
December 7, 2021
Page 10
modifications are only allowed by temporary limited use permit authorization from the Snohomish
County PUD. In 1968, the PUD secured a perpetual right to build an electric substation on property where
they are currently allowing park uses. From presentations made to the Planning Board on electric vehicle
standards, she understood that Highway 99 was an area of concern for utility upgrades. She was
presenting this information so the Council and those listening understand the limitations and risks to the
only existing park to serve the SR 99/Uptown area. There are no sidewalks leading to this park; the
adjoining spur trail is unlit, infested with evasive species and located within a graded utility corridor with
overhead powerlines. This corridor is closed on one end with no trespassing signs and is identified as the
only open space resource serving this community.
Ms. Seitz continued, the final resource serving this area is a .1 acre street end with a single bench
currently partially submerged in water. Every resource mentioned, every resource serving the SR 99
corridor is either wholly located or dependent on right-of-way. From its incorporation early 60 years ago,
the City has not invested in creating durable park resources for this area. The sheer amount of fee simple
acquisitions in the Bowl during this same timeframe is staggering. She urged the Council to create
durable fee -simple resources in the SR 99 corridor/Uptown area and other currently underserved areas.
She thanked the Council for the tremendous effort undertaken in the past few weeks. She thanked
Councilmember Distelhorst and welcomed Councilmember Chen and thanked both for seeking and
accepting positions on the Council.
Chris Ziobro, Edmonds, thanked electeds for enduring some of the previous comments. He agreed with
the last speaker about the lack of investments on the Highway 99 corridor and said the City should try to
improve that under -served area. With regard to trees, he is a fan of trees and lives in the northwest due to
the trees. Trees are important for soaking up carbon and add biodiversity. Trees are one of the reasons he
lives in this community and if he didn't want trees, he might choose to live in Eastern Washington,
Arizona or other treeless area. He would have a lovely view and would not have to clean his roof as often
if he cut down a bunch of trees but he chooses not to and recognizes that is part of the tradeoff. He
thanked the Council for protecting trees and hoped the protections were taken further, especially for the
older trees. Although not a volunteer with Fair Vote, he supported ranked choice voting and would love to
see Edmonds embrace it.
David Preston, Edmonds, Port of Edmonds Commissioner, welcomed everyone to visit the Lights of
Christmas at the Edmonds Marina that will be on through New Year's. The Edmonds Yacht Club has
done a fabulous job displaying lights on the boats. He invited all to view the lights and maybe stop at
Anthony's or Arnie's to enjoy some food. He wished everyone a Merry Christmas and Happy New Year.
Susan Hughes, Edmonds, said ranked choice voting is a bad idea and is a scheme to disconnect elections
from issues and allow candidates with marginal support from voters to win. It obscures true debates and
issue -driven dialogues among candidates and eliminates genuine binary choices between two top tier
candidates. It also disenfranchises voters because ballots that do not include the two alternate finalist are
cast aside to manufacture a false majority of the winner. For example, in 2008, instead of choosing to cast
one's ballot for John McCain, Barack Obama, Ralph Nader, Bob Barr or Cynthia McKinney, all of whom
were running for president, a voter would vote for all of them and rank their choice. In other words, all
five candidates would be listed on a voter's ballot from one to five with one being their first choice for
president and five being their last choice. If none of the candidates are chosen as the number one pick by
a majority of voters in round one, the presidential candidate with the lowest number of votes would be
eliminated from the ballot.
Ms. Hughes continued, people who selected that candidate as their top pick, for example, McKinney,
would automatically have their vote changed to their second choice. The scores would then be
recalculated over and over again until one candidate finally wins a majority as a second, third or even
Edmonds City Council Approved Minutes
December 7, 2021
Page 11
fourth choice of voters. In the end, a voter's ballot may wind up being cast for the candidate he ranked
way below his first choice, a candidate with whom they may have strong political objections and for
whom they would not vote. Although she did not agree with a lot of former Governor Jerry Brown, he
was right in 2016 when he vetoed a bill to expand ranked choice voting in his state, saying it was overly
complicated and confusing and deprived voters of generally informed choice. Such a system would
present many opportunities to rig the electoral system. Ranked choice voting would destroy clear, known
choices as a political consumer. For example, if someone goes to the supermarket to purchase a steak
sauce, they ponder and research similar to what a voter does before casting their vote. When the consumer
reaches the checkout, they are told they have to accept the off -brand steak sauce because that was the one
that was finally voted on. In 2015, a review of 600,000 votes cast using ranked choice voting in 4 local
elections in Washington State and California found the winner in all 4 elections received less than a
majority of the total votes cast. She summarized there is something wrong with ranked choice voting and
it is a bad idea.
Ken Reidy, Edmonds, echoed the recommendation for a traffic crossing light at 9t' & Daley, a great idea
and much needed. He also suggested a regular crosswalk be painted at the crossing of 7t1i & Daley,
another heavily crossed intersection with no crosswalk. Next, he questioned the new practice of
Councilmembers saying point of order during citizen comments. Having watched Council meetings for
many years, he has never seen that before and suggested asking a parliamentarian if that is proper use of
point of order and if citizen comments can be interrupted in that fashion. In anticipation of the November
16, 2021 public hearing on the budget, members of the public spent time thinking about and/or preparing
comments for the public hearing, unaware that Mayor Nelson was emailed a list of citizen names at 3:56
p.m. on November 16, 2021. Immediately before the November 16' public hearing was open, Council
President Paine made a motion not to allow people who spoke on November 9' to speak again. Council
President Paine had also pointed out during the November 9' public hearing that extending the public
hearing would be a third opportunity for the public to comment on the budget. He was in attendance and
had his hand raised to speak during the entire duration of the November 16t1i public hearing, yet Mayor
Nelson refused to let certain citizens make public comments. His name was on the list of names Mayor
Nelson was emailed. He had no idea such an email existed until he was provided with it on November
301}i in response to a public records request.
Mr. Reidy continued, despite allowing one member of the public to speak who had spoken on November
9', Mayor Nelson continued to refuse to allow certain citizens to speak. Because Edmonds City
government has failed to set up its virtual meetings so the public can see who all is in attendance at the
public meetings, it is impossible for the public to see who else Mayor Nelson did not allow to speak on
November 16', the third opportunity for the public to comment on the budget. He asked if elected
officials were allowed to obstruct the public's ability to provide input on the budget during a public
hearing, whether the November 16t' agenda packet included new budget information not in earlier
Council's agenda packets, and why were certain people not allowed to comment about the new
information. He asked electeds to please stop obstructing good City government. Council President
Paine's motion on November 16t' was nonsensical, allowing all citizens to speak had no impact
whatsoever on allowing new voices to be heard.
Janelle Cass, Edmonds, echoed residents' frustration regarding cyberbullying. One hour ago,
Councilmember Fraley-Monillas accused her of calling in media to cover interviews on local streateries
and local businesses which was absolutely not true. She works close by and ran into a reporter from
FOX13. Councilmember Fraley-Monillas stated on the Facebook feed, I was told Cass called media. She
explained to her that she did not; she ran into them after their planned interview with Salish Sea Brewing.
Councilmember Fraley-Monillas goes on to state on Facebook, Haha, I don't believe you it was just a
coincidence, liar. She then suggested Councilmember Fraley-Monillas should call the reporter from FOX
before spreading misinformation; her contacts at FOX13 told her she did. Councilmember Fraley -
Edmonds City Council Approved Minutes
December 7, 2021
Page 12
Monillas' comments continued, I am done with the conversation, you disgust me, go on and do the Trump
thing and lying. Ms. Cass found these unsolicited accusations absolutely poor conduct from an elected
official, flat-out lying. She cautioned Councilmember Fraley-Monillas that she is setting an example for
youth and questioned her treating a citizen, business owner and veteran in that manner. She found her
conduct abhorrent and said citizens should expect more from Councilmembers. She suggested some
conversation about a complaint regarding her conduct which was unbecoming of a City Councilmember.
She thanked most of the other Councilmembers for their kind interactions.
(Written comments submitted to PublicComment@Edmondswa.gov are attached.)
6. APPROVAL OF THE CONSENT AGENDA
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO APPROVE THE CONSENT AGENDA.
Councilmember Buckshnis requested Items 6.1 and 6.2 be removed from the Consent Agenda so she can
abstain from the vote.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO APPROVE ITEM 6.1, APPROVAL OF COUNCIL MEETING MINUTES OF
NOVEMBER 16, 2021.
UPON ROLL CALL, MOTION CARRIED (5-0-2), COUNCILMEMBERS K. JOHNSON,
FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE
VOTING YES; COUNCILMEMBERS CHEN AND BUCKSHNIS ABSTAINING.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE ITEM 6.2, APPROVAL OF COUNCIL MEETING MINUTES OF
NOVEMBER 17, 2021.
UPON ROLL CALL, MOTION CARRIED (5-0-2), COUNCILMEMBERS K. JOHNSON,
FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE
VOTING YES; COUNCILMEMBERS CHEN AND BUCKSHNIS ABSTAINING.
Councilmember Fraley-Monillas said "I encourage Council let's move it."
Councilmember Chen pointed out Ms. Barnett's name on page 70 should be spelled "Erika." City Clerk
Scott Passey advised he would confirm the spelling and make the correction.
MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows:
3. APPROVAL OF COUNCIL MEETING MINUTES OF NOVEMBER 23, 2021
4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE
PAYMENTS.
5. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS.
6. AUTHORIZATION FOR THE CITY TO SIGN THE ADDENDUM TO THE
INTERLOCAL COOPERATION AGREEMENT RELATED TO WRIA-8
7. 2021 BOARD & COMMISSION RETIREMENTS
8. 2022 BOARD & COMMISSION REAPPOINTMENTS
Edmonds City Council Approved Minutes
December 7, 2021
Page 13
7. PUBLIC HEARING
1. PUBLIC HEARING ON A REQUEST TO EXTEND PERMITTING OF STREATERIES
Development Services Director Susan McLaughlin explained the existing ordinance sunsets on December
31, 2021. As mentioned during the previous meeting, the Washington Hospitality Association has
requested this extension, recognizing the pandemic has not ended and restaurants are still in a period of
recovery. She relayed cites throughout the world scrambled to manage the dynamic changes brought
about by COVID-19, a continuing health crisis. It was a unique opportunity for cities to collaborate with
each other and learn in real time how to adapt streets to serve public health and economic development
needs. She reviewed:
• Broad Impacts — local solutions
o Statements about Coronavirus
■ "Closing Streets for outdoor seating could provide a lifeline to Cleveland restaurants
struggling in the post-coronavirus city" May 2, 2020
■ "Berkeley may open streets, sidewalks and parks to allow outdoor dining. Restaurants
have been hard hit by COVID-19. Letting them set up tables outdoors would boost
business while maintaining social distancing
■ "N.J. could reopen outdoor dining, shopping inside nonessential stores within `a matter of
weeks,' Murphy says" May 20
o Photos of outdoor dining in Los Angeles, CA; New York City; Seattle, WA; Portland, WA;
West Palm Beach, FL
• NACTO: Streets for Pandemic Response and Recovery Guide
o Many cities that enacted streatery ordinance and programs took guidance from this collective
resource
o Addressed edge barriers, permit fees, accessibility,
• Photos of outdoor dining in Washington: Walla Walla, Ellensburg, Spokane, Anacortes
• 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
■ 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.
■ Currently, there are 17 existing streateries
Map of existing streateries identifying Wednesday Service
Edmonds City Council Approved Minutes
December 7, 2021
Page 14
Existing Streateries
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1. The Rusty Pelican
2. Santa Fe
3. The Loft
4. Leftcraft
5. Maize& Barley
6. Kelnero
7. Fire & Feast
8. Taki Tiki
9. Mar-Ket
10. Engel's Pub
11. Sa lish Sea Brewing
12. Las Brisas
13. Barkada
14. Chantrelles
15. Claires
16. Salt
& Iron
17. Daphnes
• Streatery Permit Log
0 16 of 17 streateries have permits
0 1 has yet to pull a permit, staff has reviewed it and sent an order to correct.
o Each streatery went through a thorough review including engineering inspection which
considers traffic control devices, building inspection which looks at the stability of the
streatery structure and fire department review and inspection
o Once permits were issued, each were inspected
• Streatery Fee Comparison
Jurisdiction
Streateries
Allowed
Sunset
Date
Permit Fee
Bellevue
Yes
Thru 2022
$436 ($238 plan review + $198 for inspection)
Langley
Yes
Spring
2022
Waived. None established
Seattle
Yes
Thru 2022
No fee: subsidized with ARPA money
Spokane
Yes
Permanent
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
Yes
Permanent
Waived. None established
Madison
Yes
Permanent
Waived. None established
Los Angeles
Yes
Permanent
Waived. None established
Renton
Waived. None established
Everett
Yes
Waived. None established
Ellensburg
Yes
Thru 2021
Waived. None established
Walla Walla
Yes
Thru 2023
Waived. None established
• 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:
Edmonds City Council Approved Minutes
December 7, 2021
Page 15
■ "...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 Opinion
o Public Survey
■ 4,106 people took the survey
o Four questions
1. Thinking about your personal use of streateries for eating and drinking in downtown
Edmonds, please select one of the following:
■ 67.15% of respondents have regularly or occasionally used streateries
2. Please answer the following question if you answered "regularly," "occasionally" or
"seldom" to Question 1. How likely would you be to continue to use streateries for eating
and drinking in 2022 if they were still present?
■ 70.25% of respondents are likely or very likely to use streateries in 2022 if they are
available
3. If outdoor dining in streateries is no longer available, which of the following options
most closely describes your expected eating/drinking habits in Downtown Edmonds
during the first six months of 2022?
■ 46.32% of respondents are likely to continue to visit Downtown restaurants, choosing
to eat indoors
■ 53.68% of respondents are likely to visit Downtown restaurants less frequently or
choose to go elsewhere
■ NOTE: "Less frequently" encompasses both the occasions when people may visit the
small number of restaurants Downtown that have outdoor dining options not housed
in streateries , resulting in less frequent overall visits to Downtown; as well as when
people may visit all restaurants, even without streateries , but do so less often as they
feel uncomfortable about dining indoors.
4. All things considered, do you believe outdoor dining in streateries (choose one of the
following): enhances downtown, makes no difference, detracts from downtown?
■ 58.96% believe streateries enhance downtown
o Public Survey Takeaways
■ 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 Downtown merchants sales revenue
■ Summer 2021 compared to summer 2019
- 2021: $12,645,307
- 2019: $11,513,315
■ Overall, merchants are up - 110% of summer 2019, pre -pandemic levels
o Main Street Retailers
■ Random sample of 23 retailers
- Of 17 with complete data for summer 2021 compared with summer 2019
• 12 at 100% or higher
• 4 at 90-100%
• 1 at below 90%
Edmonds City Council Approved Minutes
December 7, 2021
Page 16
■ A small number of retailers not included in the random sample may have seen lower
sales, per anecdotal information...
o Restaurants' impact on commercial districts
■ Restaurants serve as "anchors" or attractions for Downtown Edmonds, thereby enhancing
pass -by traffic and shoppers for nearby retailers.
■ Restaurants attract many more frequent, repeat visitors. People come to Downtown
Edmonds multiple times over the course of a month for coffee, lunch, ice cream, brunch,
dinner, drinks - every time passing by retail shops that they may visit or at least "window
shop."
■ Shopping center managers recognize this synergy and have increased the proportion of
being eating/drinking establishments up to 30% 40% or higher in today's centers. It has
resulted in higher foot traffic and more sales for centers in recent years.
Consideration of Extending Ordinance — Next Steps
o City Council may consider extending the Streateries Ordinance
o Public hearing scheduled this evening
o Council can begin review after today's public hearing on 12/7/21 and continue consideration
until 12/14/21 regular meeting
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):
■ A streatery shall be ..,o... iAed for- period f no more than one e provided thM the
permit may be extended in pup to six month increments, PROVIDED THAT no
streatea may continue to operate or hold space in the right of beyond the sunset
date in subsection 6.p, below, regardless of the expiration date set forth on the permit.
■ This subsection C.6 shall sunset on Deeembe May 31, 2424 2022, tmiess the effeetive
date is eha-aged by aefien of the City Getffleil.
Councilmember Buckshnis requested staff provide the PowerPoint to the Council.
Mayor Nelson opened the public hearing and described the procedures.
Rim Benoud-Schmitz, Edmonds, recalled a concerning comment at the last Council meeting where
streateries were discussed regarding leveraging comments posted on Facebook and My Edmonds News to
influence the decision whether or not to extend streateries. She asked that the Council recognize that
comments posted on online forums such as Facebook only represent a subset of the population and should
not be interpreted as an accurate pulse of Edmonds citizens. She asked that the Council keep in mind the
concept of the vocal minority and silent majority and how online commentary tends to amplify negative
viewpoints. She and her husband enjoy having the streateries as an option and given the latest COVID
variant, she would appreciate having the Council extend Streateries further into 2022.
Cynthia Sjoblom, Edmonds, referred to the Diversity Commission member who called in to thank
Councilmember Fraley-Monillas, asking if the caller was aware that tonight Councilmember Fraley-
Monillas disrespected an Hispanic woman. Mayor Nelson requested her comments pertain to the public
hearing topic. To Ms. McLaughlin, she said Edmonds does not need to compare itself to other cities and
the umbrellas shown are a far cry from 2x4s and plastic. She requested Edmonds be allowed to be
Edmonds and not someplace else. She questioned why some in government have an agenda to keep
streateries. The Council has the right to sunset the streateries. It appears restaurants are using streateries as
overflow in some instances and people have brought their dogs to streateries, which is unrelated to
COVID. The survey is disingenuous because it allows multiple entries. She relayed comments from
Edmonds City Council Approved Minutes
December 7, 2021
Page 17
others: Tina Wilson said, she would buy this argument if streateries weren't empty half the time. It seems
like the restaurants are doing fine. If you want to eat outside in the cold, sit somewhere there is already an
existing patio. Mark Landau says, it seems like the City is giving unfair advantage to the restaurants in the
Bowl.
Ms. Sjoblom continued, Gwen Lewis said, maybe the people who think eating outside in the cold is great
could do that on their own patio or deck at home. Clinton Wright said, I just learned elsewhere that the
Edmonds restaurants combined have received over $4,300,000 in federal COVID relief funding from the
various sources. James Lockhart said, I do not understand how the mayor could come up with his
extensive data from the few questions that were asked in the survey that was provided. It's still hard to
walk downtown sidewalks with the sheds in place. Brian Drechsler said, if Mayor Nelson is going to
promote theses eyesore shacks, the least we can do is give them their proper name just like Hooverville
shacks of the depression. They should be called the Nelsonville shacks. Kristi Urquhart said, Ken Reidy
for Mayor. Mark Bucklin said, Mayor Nelson claims the majority of the public will patronize downtown
restaurants less if the streateries are removed. Where did he pull that from? What study can he site? Matt
Richardson said, Mark, the Mayor manufactures consent with push polls. Brian Potter said, gas heaters
are the equivalent of about 37 cars idling in downtown Edmonds so if you care about the climate and you
care about your citizen voters, do the right thing.
Fred Milani, Edmonds, said he has done everything in his power to demonstrate how streateries have
been hurting other businesses, adding to unsafe driving conditions and making beautiful downtown streets
into streets that would be found in Tijuana, Mexico. Propane cannisters sitting next to tables are bombs
ready to blow if a driver swerves to avoid an accident with a pedestrian or another car or someone
pushing on the gas pedal instead of the brake which happens from time to time and jams a car into a
house, living room or a building lobby or a streatery. When these propane canisters blow up, hopefully
there would not be a chain reaction, destroying portions of stores and body parts all over. He was unsure
why the fire department was looking the other way over such a dangerous situation. The whole idea of
fire prevention is to eliminate the remote chance of something unexpected happening, whether by a
fireplace, in a restaurant kitchen or on the public street. The single propane canisters that people are used
to seeing at a backyard barbeque are mostly housed in a brick or metal structure near the barbeque. The
propane canisters in streateries are open, not protected by steel beams bolted to the street and sitting next
to open flames. The City's economic development office could do a better job of informing the public that
many Edmonds restaurants offer private, heated, outdoor patio dining spaces.
Mr. Milani continued, citizens coming from out of town should be safe and Edmonds should not put their
lives in danger by seating them in the street and around unprotected propane canisters. Street parking
should be made available for retail shops and handicapped visitors. If the City Council votes to keep
streateries and believes they are not causing parking problems, he encouraged all retail stores to partner
with neighboring stores to erect shoplets in the street and let the City quickly find out how many visitors
can get into downtown Edmonds when there are no parking spaces left. After all, retail stores were all
impacted by COVID just as like restaurants and they could use free real estate to expand their
merchandising. He implored the City Council to erase the streateries and any memories of them from the
City. There are no more reasons to help the selected few and there are many reasons to help many more
who are still impacted by COVID. Most of the streatery operators have also received hundreds of
thousands of dollars in government assistance. John Lane from Washington Hospitality Association is
doing his job to promote restaurants, disregarding theaters, retailers, etc.
Steven Schmitz, Edmonds, spoke in favor of continuing streateries in Edmonds until they sunset or until
they are extended as a permanent addition to the City. He enjoys dining in restaurants that have streateries
as well as those that do not. Many Edmonds residents feel streateries are functional, useful and extend a
pleasant place to be on the street where they can see their neighbors and other members of the public in a
Edmonds City Council Approved Minutes
December 7, 2021
Page 18
public right-of-way which they have little use of other than the driving lanes. On an average street, over
half the roadway is taken up by vehicle traffic, making it a no-man's land for most. The few feet of
sidewalk on the downtown streets are so constrained as some mentioned by streateries although he hated
to see people walking in the parallel parking stalls unless it was during the market. He supported turning
over more of the public right-of-way to the citizens of Edmonds as useful, functional public spaces like
restaurants, businesses that sell flowers and books, and even the movie theater if they wanted to set up
outside.
Mr. Schmitz implored the Council to encourage businesses to help develop legislation as a permanent
solution for all businesses, not just in the Bowl but all of Edmonds, so the public can enjoy more of the
public rights -of -way as an extension of the public park system. He pointed out the difficulty of expanding
the park system into private properties due to high prices when the City already owns 1/4 of the land in the
City in the public rights -of -way. With regard to propane and things exploding, he was unsure why those
red flags had to be raised when this was clearly a good thing for the City to have. He appreciated other
points of view, but felt the streateries were a good thing for the City.
Chris Ziobro, Edmonds, spoke in favor of the streateries including making them permanent as they add
to the community, are a more equitable option for people who want to eat out and enjoy downtown but
cannot go inside for a number of reasons including the pandemic, but even post -pandemic, they will add
value. He recalled while eating with his family downtown this week, they had conversations with multiple
people they knew as they walked by, something that would not have happened if they were indoors. He
supported having the streateries made permanent so businesses could invest in them and make them more
architecturally pleasing, cozier, safer or nicer. A lot of the reason the streateries look this way is because
they are temporary and why would a restaurant invest a lot of money when they are disposable. The trend
is pro -curbside parklets; San Francisco has been doing it for many years and the data supports the benefits
to the community. He did not participate in the survey, but ironically he has eaten out more during the
pandemic than pre -pandemic.
David Preston, Edmonds, commented the discussion seems to be two extremes, keep the streateries with
no changes or get rid of them all. He suggested considering options in between such as modifying them
by reducing the size, moving them onto the sidewalk, or changing the direction of walking into the
parking space. The retailers are being left out of the conversation to some degree; perhaps retailers and
restaurateurs, the key stakeholders, could get together to develop and propose a plan to Council. The
space streateries occupy is public space and he would like to have more public parking so when he visits
the retail shops, he can find parking.
Lora Hein, Edmonds, said the COVID pandemic is not over yet. The Council has juggled many different
decisions over the past year. Driving through neighboring communities, she has seen their alternative
outdoor dining structures, a haphazard jumble compared to Edmonds' simple addition to the festive air
downtown. She commended Edmonds for the level of uniformity and attractiveness displayed downtown.
Some streateries had outlived their usefulness and it may be time to sunset them on a case -by -case basis.
It behooves individual establishments to demonstrate need if they are to continue. Those establishments
that have onsite outdoor dining alternatives that do not infringe on street parking and sidewalks need to be
the first to be dismantled. Others could choose either sidewalk seating or a streatery to allow pedestrian
more space for passing. Perhaps the unneeded structures could be relocated and used by other businesses.
She took issue with those who say restaurants have had an unfair advantage; in no other retail location is
removing masks necessary for clientele to frequent and support their business.
Ms. Hein continued, while flaming towers add additional glimmer to the sparkling winter scene
downtown, when not in use to warm diners, their excessive use of polluting fossil fuel consumption
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December 7, 2021
Page 19
should be disallowed. She added a perspective on what many call a parking problem; she has never had to
park more than 2-3 blocks from her destination. She enjoys the opportunity to stroll and enjoy the lights
and window displays of occupied storefronts. The City's shopping and dining center is doing well as
evidenced by throngs on the streets and many full parking spots as well as the information provided in the
presentation about how well businesses are faring. Edmonds may be the envy of other communities for
how it is doing in these challenging times. She thanked the Council for their hard work to keep Edmonds
vibrant during the unpredictable changes thrown at all during recent months.
Tamara Nelson, Edmonds, spoke in favor of sunsetting the streateries. After the blowback from the
video that Janelle Cass took a lot of time and effort to create and a comment that it was too late for older
citizens, she took a walk this evening and found there were a total of three parties between all the
restaurants invading the streets and sidewalks. Epulo, Hamburger Harry's, Birardi's, Feast & Fire,
Kahlo's and Demetris all have outdoor seating and a variety of foods so the comments that there are no
other options if streateries are removed is untrue. The streets and sidewalks belong to the residents and are
funded with tax dollars; they are not free space for restaurants and charging for the use of the space will
not benefit taxpayers. Her freedom does not end where someone else's fears begin. She referred to
Councilmember Fraley-Monillas' absurd comment that the streateries were as safe as a building if a car
plowed into them. She suggested imaging if a Councilmembers' child or grandchild was sitting in one of
the plastic sheds and a car plowed into it, a car accident does not necessarily happen at the end of the
shack. It would be horrendous and they also create sight limitations. She summarized it was time for them
to go.
Erika Barnett, Edmonds, Salish Sea Brewing Company, said they operate businesses on the corner of
5' & Dayton as well their new Boathouse Taproom in Harbor Square and have been in business in
Edmonds for over 8 years, occupying approximately 10,000 square feet of business real estate and
employ over 30 staff between the 2 locations and are in favor of maintaining the streateries outside dining
program. Their desire in keeping them open is to maintain safe dining options for their customers during
this period of health environment uncertainty. The streateries are a welcome addition and are necessary
during the pandemic which is not over. Their customers have repeatedly stated how much they appreciate
their providing safe, outside dining. They have also heard recently that people choose to meet outside
when meeting with friends, coworkers or family members who are not part of their current circle as it
eliminates concerns about transmission and allows sociability that everyone has missed over the past year.
If stricter lockdown are reinstituted, they would have to turn customers away who are unable to meet
specific mandates, preventing them from providing equal access to their customers. She recognized some
businesses have their own patios and street -side dining but not all restaurants do. This does not need to be
an all or nothing decision; as with any program, learning occurs and course corrections can be made to
adjust to concerns. Most restaurants would be willing to address inequities and come up with a plan to
allow them to continue to provide outside dining, not just the few who have the luxury of having their
own private dining patios, but for those who the streateries program is their only way to provide outdoor
dining and maintain the vibrance and vitality that restaurants bring to the downtown environment.
Jeff Barnett, Edmonds, encouraged the public to shop local, shop at local retailers, eat at local
restaurants, and support Edmonds. For a complete copy of the comments sent to Council, the Mayor's
Office and Patrick Doherty, he invited the public to see the article in today's Edmonds Beacon.
Jen Lawson, Edmonds, owner of Crow Boutique and President of Downtown Edmonds Merchants
Association (DEMA), said the streateries concept was important in keeping the doors open for many
restaurants when indoor dining was not an option in 2020. Restaurants have now been at 100% indoor
capacity since July and the need for the structures as originally intended is greatly reduced. Additionally,
more than a dozen restaurants already provide safe outdoor dining onsite so there are lots of options for
those who are not ready to dine inside safely. Should the Council vote to continue the program, the only
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December 7, 2021
Page 20
fair and equitable solution is to charge rent on these structures. In speaking with some restaurant owners,
they would be open to paying a fee for continued use of the parking spaces and agree that retailers have
been impacted the most by the loss of parking. The majority of restaurant owners and retailers are seeing
eye -to -eye on this; any perceived drama is overblown and not conductive to compromise. Should the
Council vote to keep the streateries and not charge them a reasonable fee, it would send a clear message
that the retailers' needs come second to those of restaurants. DEMA and its members look forward to
working closely with the City and the Council to ensure all business downtown thrive and succeed.
Janelle Cass, Edmonds, said while she struggled to recognize this as a valid public hearing due to the
lack of a vote to have this public hearing, she wanted to share her concerns about streateries. She
adamantly supports all businesses in Edmonds and originally thought streateries were a great idea and a
lifeline to this vital part of the economy and charm of Edmonds. However, restaurants are now full inside
and the usage of streateries is minimal, yet they occupy the public right-of-way 24/7 which means these
public spaces are not being used equitably and shared amongst all businesses and patrons. Over the past
few days, she took a few videos of the usage at various times of day to better understand the issue. She
provided a synopsis of what she observed: she witnessed three businesses that seemed to be using the
streateries only because they lack adequate seating inside or in their own outdoor seating for all their
clientele. In other words, it does not have to do with COVID but rather improving their bottom line. Many
restaurants have their own outdoor seating and a streatery as well as patrons dining inside; at what point is
this about greed and not about what is best for the community? Several local restaurants have streateries
and have expanded to multiple locations during the past year; again, is this about COVID or bottom line?
Ms. Cass said she witnessed propane heaters being used for empty tables which, thanks to a My Edmonds
News LTE, everyone knows of their significant impact on carbon emissions. She observed treacherous
sidewalk conditions for those with mobility issues and limited widths that force pedestrians to squeeze
together and not maintain social distancing. The most concerning thing she noticed was the sheer lack of
safety; one of the streateries had an unfilled water barrier, several had empty, thin wood planter boxes
where barriers should be or filled planter boxes elevated precariously on top of bricks. Most disturbing
was these filled planter boxes do not prevent impact damage from slow moving vehicles. She witnessed a
person departing a parking space backing into a streatery which pushed the thin streatery wall up against
the table and chairs; imagine if a patron was sitting there. This is clearly unsafe for patrons and a huge
liability for the City as they are the ones approving and supposedly inspecting the design of the planter
boxes. She encouraged the Council to allow the emergency ordinance to sunset for the safety of visitors
and patrons and to get rid of unsafe, unfair structures using the City's streets.
Eric Goodman said he has used the streateries and will continue to use them and believed they were
good for the community. To the comments about safety, he said streateries are a fixed object and cars are
the moving object so it is the cars that are unsafe. It would be great if the City could shut down Main and
have it be a public space for people to enjoy the downtown and shop at all the stores and let kids roam
around without worrying about them being hit by a car. He urged the Council to keep the streateries and
considering making them permanent and consider allowing other businesses to use some of the public
space. He was in favor of charging for use of the space and not giving away public land for free. As a
public planner and certified member of AICP, he was also in favor of safety measures. Data shows giving
space to people is beneficial and will generate more tax revenue and help businesses do better, make
people happier by allowing them to meet their neighbors and socialize more. He supported giving more
space to people and less space to cars; giving 17 spaces back to cars will not help anyone find a parking
space in front of the store they want to visit. There are things that can be done to make parking available,
but this is not the way to solve that issue.
Brad Bernatek, Edmonds, said his family is the proud owner of one of the oldest homes in Edmonds on
Main Street and care deeply about maintaining the character of Edmonds. He supported extending the
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December 7, 2021
Page 21
streateries for another six months given the uncertainty with the COVID variant and lack of a vaccine
mandate inside in Snohomish County. Streateries enhance the neighborhood and he would be less likely
to visit restaurants and bars without an outside seating option. Respondents to the survey thought the
streateries enhance downtown Edmonds by a 20 point margin and over 50% of the respondents would be
less likely to visit restaurants without an outside option. He applauded the City for being responsive to the
challenges that local restaurants have faced due to COVID, creating options for friends and family to
socialize safely throughout the pandemic. He was taken aback at the divisive language and
misinformation around this issue. He acknowledged a significant minority of Edmonds residents do not
share his point of view and there are valid concerns that need to be addressed such as equity, safety, and
parking if the streateries become permanent. He hoped to have this discussion without inflammatory
language or highly misleading videos. It would be incredibly disruptive to local businesses to eliminate
streateries in three weeks; the best strategy is to extend streateries for another six months. He also
suggested a comprehensive assessment of all downtown businesses be completed in mid-2022 to address
the valid concerns. He thanked the Council and Mayor for their time and service.
Carolyn Strong, Edmonds, said she toured all the streateries in downtown Edmonds last Saturday
between 8 and 9:30 p.m., Monday at noon and between 5:30 and 7 p.m., and today between 12:30 and 2
p.m. On Saturday night, almost all the open restaurants and bars were busy with patrons inside, some
quite crowded; streateries were nearly empty or empty except for one bar that had very little indoor
seating and was simply expanding their restaurant into the public street. On Monday, one streatery was
used for overflow from a packed restaurant for lunch, maybe 2-3 couples for dinner who brought their
dog along, and a bar with people outside with camera crews from Q-13. Today she saw two streateries
utilized for a very short period of time. She heard a car back into a streatery on Monday; the damage
caved in the bottom of the side panel, pushing it up against the table. When she was taking pictures today,
two people were sitting at that table and could have been injured if they were sitting there when the
accident occurred. She provided her takeaways: the streateries are dangerous. A car going about 2 mph
did significant damage to a streatery. What will happen if one is hit at 25 mph? Many intrude heavily on
the sidewalks, making it hazardous and difficult to navigate and one often feels they are walking through
the middle of a private establishment when walking down a public sidewalk.
Ms. Strong continued, usage of the streateries is extremely limited, yet they take away parking for every
resident and surrounding retail and business all day long year-round. Edmonds used to accommodate
retailers and services' parking during the day and restaurants parking in the evenings with a couple hour
overlap. Now the restaurants take up the majority of parking all day every day all year. How many
restaurants would be willing to reserve empty tables all day every day waiting for a guest who might
arrive, like the streateries reserve these parking spaces 24/7 year-round waiting to use them maybe two
hours a day? Few restaurants are even open 7 days/week or during the day. These restaurants are
exercising privilege; one of the restaurateurs already received nearly $2 million taxpayer dollars for
COVID relief, others received several hundred thousand. Now the City is giving up the charm too? While
she supported restaurants and wanted them to succeed, the time has come to end the privileged use of
public spaces. She pointed out anyone can scam a poll; the already slanted poll can be taken countless
times by any one individual using an incognito tab so they have absolutely no bearing or scientific data.
Alex Marek said he works in a lot of the restaurants in downtown Edmonds and supports the streateries.
A lot of his coworkers have jobs because of the streateries. They hear every day from clients that they are
happy they have that option, it makes families feel safer. The staff presentation had lot of good points and
he agreed with all of them. More business in downtown Edmonds means more business for retailers and
revenue generated by the streateries is more tax revenue for the City's budget. He summarized streateries
were a great thing and he hoped they continued.
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Page 22
Trey Clugston said he was one of the younger people speaking today. Growing up in Edmonds for the
past 15 years has been great, watching it go from being called Deadmonds to what it is now. He supported
the streateries, finding them probably the best thing Edmonds has done outside of the Saturday Main
Street closings which he felt should continue. He acknowledged the streateries could use work and could
be made safer, but that is a long term addition. He did not think the 12 spaces the streateries occupy make
a difference to the retailers because people can walk, they have legs. Retailers are not competing with
parking spaces but with Amazon and other online retailers because people do not shop locally anymore.
He has shopped locally more in the past two years than he has before. He supported retaining the
streateries and hoped the Council could look to the future and not just the past because Edmonds does not
need to drown in its history.
Tina Castillo, Edmonds, appreciated the use of streateries in the last 1% years. She and her husband both
work in healthcare and like to keep themselves safe in this environment with a lot of airflow and eating
outside. The streateries have made them, their coworkers and friends feel a lot safer. She hoped the
Council would continue the streateries program.
Jim [no last name given], said he has been waiting to speak for two hours and at least two people spoke
twice before he had an opportunity to speak. He expressed concern with the temporary shacks as he called
them. Current collision barriers are inadequate to prevent a car driving 20 mph from causing damage and
possibly injury to people sitting in the shacks. The traffic control devices in place probably do not meet
OSHA standards. When he did traffic control, they were required to use an attenuation device to protect
the driver and the worker behind it or in this case patrons. He did not know the exact standards that were
needed but what is there now is woefully inadequate. Second, the outdoor propane heaters are not
intended to be used in partially enclosed spaces. Toxic fumes containing cancer causing agents, benzine,
formaldehyde, and acetylide plus carbon monoxide, all of which can cause fetal death and birth defects
along with other illnesses and even death. OSHA has exposure rules to protect against possible harm. He
questioned whether the shacks had been tested for toxic levels. Detectors that can be purchased at the
hardware store do not provide that level of detection, only special equipment can determine if it is safe for
people to be inside. He acknowledged the greenhouse gas emissions of 37 cars idling continuously. It
seems the community is divided on whether to keep the streateries or get rid of them. The only
compromise is to charge rent for the space, $1500/month for 200 square feet per parking space and the
proceeds be given possibly to the food bank to address inequalities in the community.
Susan Hughes, Edmonds, referred to a number of comments and opinions in My Edmonds News
regarding the streateries, many based on feelings and not facts. Some very specific facts need to be
repeated because decisions should be made on facts and not on feelings. The facts presented in My
Edmonds News comments indicate streateries are an eyesore in Edmonds, quite a few parking spaces
have been removed, delivery trucks have to block the street due to streateries, streateries only benefit a
few businesses, and the 36 propane heater are bad for the environment equivalent to 37 cars sitting in
downtown Edmonds running for 2 hours every night. This should be a major issue for anyone with
concern for climate change and they should not support them. For those concerned with being inside a
restaurant unmasked for food and drink, there is a 1 in 84,000 chance they are not safe. For someone with
health concerns, their chances may be far worse but they would not go sit outside in Edmonds in the
winter if their health was precarious. The odds of being killed by a car while walking in Edmonds are
twice as high as getting COVID in a restaurant outbreak in Snohomish County.
Ms. Hughes continued, she drove through downtown Edmonds on Friday evening at about 7:30 p.m. and
saw only a total of four people in all the streateries. Facts and logic need to be applied, not feelings. She
referred to the graph that indicated 46% of people would continue to go to downtown Edmonds which
was combined with another response to result in a higher percentage, skewing the data. She pointed out
Salish Brewing has an outside seating area but now also have a streatery which has given them quite bit
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December 7, 2021
Page 23
more seating at no cost which she felt was greed. She concluded Councilmember Fraley-Monillas was a
vile, disgusting person and she was thankful a huge majority of Edmonds citizens realized this and booted
her out.
Ken Reidy, Edmonds, believed that weak city government divides citizens and business owners by
helping some while harming others. He asked for the City Code section that allows city staff to schedule a
legislative public hearing without Council voting for such. He asked why the Council was told in general
gas heaters would not be used before Council voted on December 15, 2020? What is the City Council's
policy when it passes laws under a false understanding? City of Edmonds government has argued it has a
duty to remove obstructions in the public ways and liability of the City fails to do so. The City argued this
for a strip of unimproved City property right-of-way that was only 7'/2 feet wide. The City was dedicated
that strip of right-of-way in 1890. The city never improved or used the strip of right-of-way for anything.
Despite this, in 2009, after 119 years of not using the 7'/2 feet, City officials argued that the City had a
duty to remove obstructions from this 7'/2 foot wide easement area. In doing so, City of Edmonds
government referenced a 1928 case Lund v. City of Seattle. In the Lund v. City of Seattle case, Seattle
was required to answer in damages to one who had stumbled over a wire fence which the city had
permitted to be constructed and remain in the street. The case was decided on the theory that the city was
guilty of negligence in the maintenance of the street.
Mr. Reidy continued, have any Councilmembers asked what the City's duties were related to the
maintenance of the streateries located within the city's streets? What liability exposure does the city have
if the city is negligent in the maintenance of our streets? Edmonds also has its own law, Chapter 9.25
Street Obstruction; among other things, Chapter 9.25 discusses the visibility of the motoring or pedestrian
public as such persons approach a street intersection. Ordinance 4209 declares it is an interim zoning
ordinance and Edmonds City Council chose not to amend Ordinance 4209. Despite both facts, the public
hearing required within 60 days was ever held. State law required such by February 13, 2021. Why does
this type of thing happen? Is there ever any accountability? Mayor Nelson stated publicly that he would
hate to see the downtown businesses suffer and the public be less well served because the streateries are
taken away. Nobody is taking anything away; all have known for a very long time that highly flawed
Ordinance 4209 sunsets on December 31, 2021. He urged the Council not to take away what many have
patiently waited for, do not take away the sunsetting of Ordinance 4209 on December 3 V.
Deborah Arthur, Edmonds, acknowledged there were things that could be done to improve streateries
such as making them more beautiful as seen in other cities. She pointed out two nights ago every designer
store in Union Square in San Francisco was destroyed. She is 5 feet tall so when she drives down the
street, it is all she can do to see over her right fender to see how close she is to the streateries. The
streateries take away all the merchants' window dressing that draws people to the stores. She and others
feel that parking is needed. One of the ways to fix that is to remove the streateries and other things
obstructing parking spaces so that people who live east of 91}i can park downtown. To those who say she
can ride the bus, she has never needed to ride the bus and did not intend to start now. The other solution to
parking is to build a parking garage.
Daniel Murphy said he was strongly in support of the streateries, believing they were one of the best
things the City of Edmonds has done. A year ago the City banded together to create this program amid a
lot of uncertainty and tough times and the downtown has flourished, largely thanks to the streateries.
Other cities have seen boarded up shops, closed restaurants. The father of two, he takes his kids to the
streateries in Edmonds at least once a week. His kids are below the vaccination age so the streateries are a
safe environment for his family to enjoy the outdoors and enjoy being in the community during what has
been a really rough year. He wished the community could band together more, expressing concern with
some of the incivility of some of the callers, finding it embarrassing. He wanted to hear from the silent
majority who speak up for civility, community and togetherness which is what the streateries are all
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December 7, 2021
Page 24
about. He supported continuing the streateries at least through the winter and continuing to give small
business owners and restaurateurs a helping hand. Now is not the time to take our foot off the gas; there is
a new variant and the public needs to be vigilant, vigilant for their health as well as the downtown
economy that has experienced a lot of great growth when others have fallen by the wayside. He thanked
the Council for listening, and for putting up with some of the callers and holding their tongues.
Kara Heck, Edmonds, said she and her husband were in total support of the streateries. They enjoy the
streateries and even before COVID, they never parked outside the store where they planned to shop.
People may have to walk 1-2 blocks like they did in the past and continue to do now. To those that say the
streateries are not being used, she said Mar Ket and Rusty Pelican's streateries are well used. During
Walkable Main Street, she stopped people to ask what they thought including elderly women using
walkers who said it was great and doable. She acknowledged some parking was given up, but it was
viable and doable. This past weekend she visited C'est LA Vie, the kitchen shop, and Bountiful Home
and although she did not get a parking space right outside, similar to San Francisco, she was able to find
parking close enough to easily walk from place to place. She fully supported the streateries, felt they were
being used and hoped they would continue.
Greg Brewer, Edmonds, said it was time for the streateries to go. They were design and constructed as
temporary structures to help restaurants during indoor dining restrictions. To that end they were a success;
now that time is over, the Governor has allowed indoor dining at 100% and many people are choosing to
dine inside. If people want to dine outdoors, there are plenty of restaurants in the downtown area with
existing outdoor dining which those restaurants pay for. They are being discriminated against since the
restaurants with the streateries get the use of public sidewalks and streets for a nominal permit fee,
basically free. All restaurants outside the bowl are also being discriminated against since they do not get
this privilege at all. This discrimination has to end; the restaurants' hardship is over. Besides free use of
public property over the last 1'/2 years, restaurants have also received hundreds of thousands of dollars in
PPP and numerous grants from city, county and state agencies. With all this money, they not only
survived, but they have also thrived including several that have opened new restaurants. He applauded
their success, however, it proves they are no longer struggling and in need of public property to survive.
Now is time for the restaurants to humbly and graciously remove the structures, thank the City and the
townspeople for allowing them to use our property and let them sunset at the end of the year as scheduled.
If Council votes to extend again, they will be doubling down on those unfair and discriminatory policies.
He urged the Council to do the right thing, end the streateries and allow the public to have their sidewalks
and streets back.
Liz Morgan, Edmonds, explained she and her husband Casey opened FIELD, a flower shop and gift
shop on Main Street located between Taki Tiki and Fire & the Feast. She thanked the Mayor, his staff and
Council for leading the community through the past 18 months. Keeping people at the forefront of their
focus, they have shown courage, been flexible and creative when making tough decisions, knowing this
has been a very divisive and politicized time when it really shouldn't have been. She expressed her
appreciation to the Edmonds Downtown Alliance, Chamber and other small businesses and restaurants for
all their hard work to make the downtown district such an incredible place to do business, to live, shop
and dine. She thanked Shubert and Andrew from Feed Me Hospitality for designing many of the current
structures which allowed the town to remain vibrant during a very dark and uncertain time. They also
donated lunches and made affordable lunches for local children. As a shop owner on Main Street, she has
had a front row seat to the streateries and chats with numerous customers daily, both local and from
outside Edmonds, the peninsula, eastside, Seattle and even out of state, and many have complimented
Edmonds on how vibrant the town is and how lovely it is to be able to have the option to sit outside while
dining. Many with young children have noted they came specifically to Edmonds to eat outdoors where
they feel safe.
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December 7, 2021
Page 25
Ms. Morgan continued, one of her biggest joys this last year has been to open the windows and doors of
the shop and listen to the hustle and bustle and enjoyment that people are having in the town; it has been
amazing to witness the clinking of glasses, laughter, music and life. She suggested creating a committee
to look the matter holistically. She liked the idea of having a year-round or seasonal streateries program
and possibly charging restaurants for the space or designing structures that are tasteful and keeping with
the village feel of downtown Edmonds. Before any long term decisions are made to remove the structures,
she suggested conducting an objective analysis, not a survey that very clearly leads in one direction, not a
video done by a private citizen and not sales tax records that show an increase in merchant sales which
does not take into account the increased costs of doing business so sales numbers have likely increased as
well. There need to be facts, not sound bites and coming together to make decisions, not shaming
merchants who have expressed concern or suggested that restaurateurs are greedy and self-serving. These
are our neighbors and we need to start acting like it.
Mackey Guenther, Edmonds, expressed his support for downtown streateries which have added a really
special new dimension to the urban character of Edmonds and he would love to see further thought given
to their permanent presence in the City. The current streateries are obviously artifacts of innovation and
collaboration from the early days of COVID and to some extent they show that. There are definitely
legitimate concerns being raised about some elements of their current design like carbon emissions of
propane heating versus possibly electric and he would love to see a regulatory environment that
encourages continued iteration of this model. This first attempt at outdoor dining is a really incredible
first step towards creating Edmonds streets that serve human being and the lives they can live in them
which is environmentally, economically and socially aligned with a future for Edmonds that maximizes
the quality of life for all. The time he has spent around town in the streatery area has been enriched by the
visible social dining that is a near constant presence in these new spaces. They provide an opportunity for
people from anywhere to contribute to the remarkable atmosphere of the most cherished public spaces,
not just as passive consumer or customers but as active participants in creating the charm and ambiance
that Edmonds is known for.
Mr. Guenther continued, families are creating core memories in streateries, visitors are getting a first taste
of the charm of Edmonds in streateries, and people are probably falling in love in streateries. He was
proud to hear about the streateries ordinance when it was first announced; COVID has drawn attention to
the ways the build environment can either facilitate or constrain natural human organization and the
rethinking of street space is a super necessary lesson from this COVID experience that should be allowed
to continue to shape policy. He echoed previous speakers, pointing out cars are the safety issue
downtown, not streateries. He agreed the way streets are presently organized poses injury to pedestrian
but that injury existed before streateries and will exist after. He anticipated the worst thing that could
happen to someone in a streatery was heartburn. As climate change forces people to rethink fundamental
important patterns of lives, the streatery model is a first step toward the streets being a place for people
rather than cars.
Hearing no further public comment, Mayor Nelson closed the public hearing.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO EXTEND TO 10:30. MOTION CARRIED UNANIMOUSLY.
Mayor Nelson declared a brief recess.
Council President Paine said there have been close to 90 emails over the past 1-2 2 weeks. As one of the
concerns is regarding parking, she encouraged the Administration to consider leasing parking from
downtown parking lots for the term of the streateries or longer. Adding more parking downtown is a
sensible solution that should be considered and discussed to determine if that is a possibility. It is also
important to determine the fees for streateries or any use of the public right-of-way if this will be done in
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December 7, 2021
Page 26
a programmatic way. It is not unreasonable or unfair to charge a reasonable fee because there is a loss of
use by the space being used as a streatery. If consideration is given to permit fees or other associated
costs, it should be defensive and within range. She assured she will be reading all the emails and looked
forward to the Council's discussion next week.
Councilmember Fraley-Monillas suggested in addition to looking at the downtown core, also looking at
other areas of Edmonds such as along 9t' Avenue where people claim parking spaces on City property. If
it done for the businesses, it should be done across the board and one should not be prioritized over the
other as she anticipated this was an issue occurring across the City.
As a former Council President, Councilmember Buckshnis recommended holding a meeting on December
21s' because the Council has a lot to discuss. She agreed with Council President Paine's comments, but
supported having the fees be a lot of money. She also suggested establishing criteria such as requiring
restaurants to be open 5 days a week, 8-5. She looked at the PowerPoint and wished it could have been
provided earlier but it still did not provide a good financial analysis of the amounts restaurateurs and
retailers have lost. She agreed the current method was discriminatory and the Council should have had a
public hearing in February. She supported looking at this pragmatically because it impacts a lot of people.
She supported having the Administration come back with hard numbers and look at things like ADA. She
recalled former Development Services Director Shane Hope saying there would not be propane and the
streateries would have a false floor so they would ADA compliant which is not the case in all the
streateries and some have a step down. She was aware the pandemic is continuing, but she wanted more
financial information because some of the businesses are suffering.
Councilmember Chen noted the Council has heard a lot of reasonable comments tonight. He
wholeheartedly agreed with Council President Paine's approach of extending the streateries for a
reasonable timeframe. He proposed the Council initiate a task force to include business owners, retailers,
perhaps some residents and key people to look at long term solutions and in the meantime, extend the
streateries through the end of the first quarter with a reasonable fee. He reminded the Council and the
public that the pandemic has not impacted just downtown Edmonds, it has impacts elsewhere in the City
especially on Highway 99 where 14 business were burned and destroyed and need the Council's attention.
He loved the charm of downtown, but recognized there were other places in Edmonds that deserve
attention as well.
Councilmember K. Johnson did not think this was the time, after 10 p.m., to discuss solutions for the
streateries. It is not on the agenda for discussion, it was strictly a public hearing and any discussion
should occur at a future meeting. She did not appreciate the approach Council President Paine began with
or Councilmember Chen's idea about forming a task force. Streateries were designed to deal with
restaurants having very limited use of indoor space. The lifting of the Governor's mandate that allowed
restaurants to return to 100% capacity occurred at the end of June. For the past five months, there was
notice that the streateries would end at the end of December. She did not support extending the streateries
and would vigorously oppose an extension. She objected to the discussion tonight because it is not on the
agenda and there are many other items on the agenda. She suggested continuing the discussion next week
after there had been time to digest the comments from the public hearing.
Councilmember Olson requested Council President Paine consider putting together a subcommittee of
Councilmembers to deal with some of the things that have been raised and bring it back to the Council in
the future.
Councilmember L. Johnson said the streatery program was set up as a temporary program in response to
pandemic necessitated closures. Everyone thought that would pass in a year but it didn't. The closures and
capacity reductions have disproportionately impacted restaurants and even with restrictions lifted, many
Edmonds City Council Approved Minutes
December 7, 2021
Page 27
people prefer to eat outdoors where transmission risk is reduced. The program has been successful; it was
put in place to protect public and economic health. It is not perfect and there is room for improvement,
but it is a fallacy to treat this as an either/or argument. As the former Mayor liked to say, we're not
Deadmonds anymore. When restaurants succeed, the City as a whole benefits. Because of the increased
vibrancy, people can no longer expect to park right in front of their destination and may have to walk a
few blocks just as happens in other vibrant cities. ADA requirements and enforcement haven't changed
and streateries have not reduced ADA parking. There may be steps that can be taken to increase access
and that should be considered, however, an accessible downtown also means access for families with
children too young to be vaccinated and for those who are immunocompromised.
With regard to propane heaters, Councilmember L. Johnson said the concern should extend to all propane
heaters. Where is the concern with restaurants with outdoor space that have always used propane heaters?
If the intent is to address it, it needed to be addressed citywide. Aesthetics are subjective; some people
love the streateries, some don't and some are indifferent. Streateries were employed to save businesses
and the design was put together to be both functional and affordable considering their temporary nature. If
this was a permanent project, there would be more stringent architectural design standards. The streateries
program is a temporary response to a public emergency and the impacts on restaurants which by their
nature means it is not feasible to wear masks. It is not an attempt to favor one business over another but
an emergency response to allow dining options when inside dining was restricted and provide safer dining
options for those who do not feel comfortable eating inside.
Councilmember L. Johnson found it interesting that some who oppose streateries are vocal supporters of
the 41}i Avenue Cultural Corridor project, a $6-8 million capital project that will reshape the public right-
of-way and create an expanded public gathering space to be used for cultural events including street
closures. By focusing on art, this program will be more favorable to some than others. She supported
reimagining public spaces citywide and an equitable distribution of capital projects and dollars with the
focus on underserved, underinvested neighborhoods. The City has been able to weather a once -in -a -
lifetime pandemic with its economic health intact. She urged the community to work together to improve
the streatery program and not treat it as an either/or but as a yes/and such as what changes can be made
and looked into? Can we find more parking? Can we improve accessibility?
Councilmember Fraley-Monillas said until she sees a reduction in the pandemic where new viruses are
not coming up, it is appropriate to maintain outdoor dining. A lot of people in the City do not want to be
close to others indoors while the pandemic is ongoing. There is now a new variant and she sent
information to the Council from the Health District about it. It would perhaps be irresponsible to remove
the streateries at this point. She agreed the streateries probably shouldn't be permanent and in the long run
if there is a fee for the streateries occupying parking spaces, it also needs to occur in other areas of
Edmonds. She agreed with Council President Paine about establishing a subgroup to look at the wide
spread, multiple issues.
Council President Paine said establishing a task force or subcommittee was not her idea. She suggested
the businesses form a subcommittee and available staff could provide guidance regarding applicable
regulations. That would be more organic and holistic than something Councilmembers would develop.
She pointed out the businesses' resiliency, creativity and cooperation with each other has been
remarkable.
Adding to Councilmember L. Johnson's comment, Student Representative Roberts said if parking
continues to be a concern downtown, he suggested the City explore putting together a guide on using
public transit to access the downtown area. There are three bus lines that access downtown, 131, 16 and
196, and they are very underutilized even on weekends. If this option were highlighted, he anticipated
some would take advantage of it.
Edmonds City Council Approved Minutes
December 7, 2021
Page 28
Mr. Doherty said they will return at next week's meeting with responses to questions raised tonight.
COUNCIL BUSINESS
2. INTERLOCAL AGREEMENT WITH SNOHOMISH HEALTH DISTRICT
Community Services & Economic Development Director Patrick Doherty said the final draft of the ILA
in the packet is the same agreement between the City and Snohomish Health District that has been
approved for the past several years. He apologized that it was being done at the last minute, noting it fell
between the cracks of two departments and staff recently realized the agreement needed to be approved to
pay this year's money.
Councilmember Fraley-Monillas raised a point of order. As Vice Chair of the Snohomish Health District,
the district has not asked for any per capita funding this year. Letters were sent to cities indicating no per
capita funds were needed this year as the district is in a good position.
Mr. Doherty said the City should not be approving an agreement in December of the year but it
unfortunately was overlooked. In speaking with Heather Thompson at the Health District this week, her
interpretation was the City was expected to pay for 2021, but the district was not asking for funds in 2022.
It was originally thought the agreement could cover two years, but it was revised to remove reference to
2022 because the district is not asking for funds for 2022. This ILA is catching up almost a year late so a
final check can be issued in 2021 because the district expected funds from the City in 2021.
Councilmember Fraley-Monillas agreed per capita funds were needed in 2021 but moving forward the
district is not requesting any funding from cities. She cautioned funds may be requested in future years.
Mr. Doherty said the ILA includes a payment for 2021 of $21,450 which is 50 cents per capita on the
City's population of 42,900 per OFM last April. It is the same format at the previous year, and has been
reviewed by legal. Council can either approve the agreement tonight or put it on next week's Consent
Agenda.
Councilmember Fraley-Monillas pointed out the Health District provides Narcan as well as training in its
use to police departments and first responders. In the past that was only done for cities who provided per -
capita funding, but starting in 2022, it will be provided to all cities.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE THE INTERLOCAL AGREEMENT AS SUBMITTED. MOTION CARRIED
UNANIMOUSLY.
3. 2022 LEGISLATIVE AGENDA
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
EXTEND TOIL PM. UPON ROLL CALL, MOTION CARRIED UNANIMOUSLY.
Economic Development & Community Services Director Patrick Doherty introduced Lobbyist Debora
Munguia. Ms. Munguia reviewed:
• 2021 Legislative Session Summary
o 105-day biennial budget
■ Edmonds specific: transferred $6.5 million from Waterfront Connector project to SR 99
project; proviso giving City first right of purchase of Unocal Marsh property from state,
and $258,000 to help with potential purchase.
Edmonds City Council Approved Minutes
December 7, 2021
Page 29
■ Major themes: COVID relief, economic recovery, climate action and advancing racial
equity
■ $59.2 billion in state revenue, $10.6 billion in federal stimulus funds
■ Unprecedented investments in Housing Trust Fund, child care, public health, schools,
foreclosure prevention/rental assistance
■ Historic legislation on climate, clean fuels, police accountability, capital gains
o 2022 Session begins January 10, a short 60-day supplemental budget
■ Clarifications to major legislation passed last session (e.g., law enforcement, long term
care act)
Additional federal revenue appropriations
Transportation package/transfers?
Mr. Doherty reviewed:
• Highlights from Proposed 2022 Legislative Agenda
o Transportation Request
■ Secure $22.5 million in the state's future transportation package for the next phase of the
SR 99 Revitalization Project.
■ In the 2021 Legislative Session, both the House and Senate proposed separate "New Law
Spending Plans" for transportation projects that would be funded by new revenues. The
Senate "Forward Washington" proposal includes $22.5 million for the SR 99
Revitalization Project. The House "Miles Ahead" did not include funding for the SR 99
project. The Legislature has not yet passed a new revenue package. The City needs both
the House and Senate to include the $22.5 million for the next phase of this project as
they work toward agreement on a future transportation package
o Priorities
■ Edmonds Marsh
- No new request for 2022 Session.
- The Legislature in the 2021 Session approved a proviso for the duration of the 2021-
2023 biennium that would provide Edmonds first right of purchase of the former
UNOCAL site when it transfers to WSDOT. In addition, the Legislature earmarked
$258,000 to help fund that potential purchase. Since these provisions are in effect
until 6/30/23, the City will re -assess any further needs for support or assistance from
the Legislature in the 2023 Session.
■ Parks, Recreation and Conservation
- Support the WRPA legislative priorities
■ Invest in Housing Stability and Affordability
■ Law Enforcement Laws
- Support efforts to provide clarifying amendments to law enforcement -related
legislation passed in the 2021 Session, particularly related to probable cause vs.
reasonable suspicion, domestic violence standards, and other issues that may be
considered in the Session
■ Puget Sound Health and Salmon/Orca Recovery
- Support the WRIA8 legislative priorities
■ Local and State Public Health Funding and Programming
- Support Snohomish Health District legislative priorities
■ Land Use Issues (GMA, SEPA, etc.)
- Affordable housing
- Salmon/orca recovery
- Longer Comp Plan update cycles
- Participate in GMA-reform discussions
- Monitor/participate in regulatory -reform discussions
Edmonds City Council Approved Minutes
December 7, 2021
Page 30
■ Environmental and Climate -Related Issues
■ Fiscal Impacts of Legislation/Rulemaking
■ Fiscal Sustainability for Local Governments
Ranked -Choice Voting Issue
o The Diversity Commission forwarded a memo to Mayor and Council, expressing a proposal
to Council to include support for SHB 1156 from the 2021 Legislative Session in the
upcoming Session.
o SHB 1156 would allow for ranked -choice voting in local jurisdictions at their option. It is
permissive, not obligatory.
o Council may consider including this issue in the final, approved 2022 Legislative Agenda.
Next Steps
o Approve 2022 legislative agenda
o Include any potential amendments from Council
Councilmember Olson referred to the land use issues, commenting it was framed negatively in terms of
going outside the urban growth areas. Lake Stevens for example, feels the need to grow in one direction
of their community which provides opportunity to take density that other cities would otherwise be
responsible for under the GMA. She wanted to be thoughtful about that especially until stormwater issues
are addressed as well as efforts to protect pocket forests. Not being completely rigid on allowing many of
the GMA lines to move helps Edmonds protect its green spaces.
Council President Paine expressed support for public defense costs which will be increasing due to recent
legislative changes. If the State provides funding for courts, she wanted to ensure courts benefited from
the changes in State law that were approved last session and will be corrected this session. Municipal
courts will be hit heavily; Edmonds Municipal Court benefitted from a grant they received in the last 6-8
months and it would be nice if grant opportunities were available for other efforts.
Councilmember Buckshnis reported she met with Senator Cantwell's office and others at the federal and
state level regarding the Puget Sound Salmon Partnership Salmon Recovery Council; $1 billion has been
set aside for infrastructure and culverts. In addition to what Councilmember Olson said, Edmonds has
some major watershed issues. She and Councilmember Chen looked at the culverts in the Perrinville area,
the marsh and SR 104. Correcting fish passage barriers is important but there are also watershed issues
further up that are not related to culverts or fish passage. She was unsure how that could be included in
the legislative agenda but wanted the City to continue looking for funds for that effort. Mr. Doherty
suggested including reference to tracking the availability of state and federal funds for culverts and other
stormwater related projects. Councilmember Buckshnis anticipated funds will be available via the
infrastructure bill.
Councilmember Fraley-Monillas expressed support for continuing to receive funding for law enforcement
adjustments that have been made statewide. Those will cost money and she was hopeful funds would be
provided from the governor's office. She also supported continuing to support funding for public health.
The Health District has been solvent this year because they did not have to begibarter for money from the
state but she could not guarantee the district would be solvent in future years. She did not want to pit the
environment against people; it is important to continue to fund services for those is need such as the
homeless, mentally ill, veterans, disabled and seniors. With regard to GMA, she pointed out Edmonds has
always met its GMA goals by doing nothing. She was hopeful development along Highway 99 would
improve the City's GMA numbers in the future.
Councilmember L. Johnson referred to Gun Violence Reduction, commenting as someone deeply
involved in the issue, she suggested the use of the term Gun Violence Prevention, a term that is used in
advocacy work. She also suggested some stronger and expanded wording related to gun violence as a
Edmonds City Council Approved Minutes
December 7, 2021
Page 31
public health crisis. She also suggested expanding the wording to include support for the impact that gun
violence has had on mental health and on certain communities. She offered to work with Mr. Doherty on
the wording.
It was agreed the amended Legislative Agenda would be on next week's Consent Agenda.
4. RESOLUTION SUPPORTING HB 1156, RANKED CHOICE VOTING
Councilmember Olson explained the resolution supports HB 1156 which allows municipalities to choose
the option of ranked choice voting. She recalled the benefits of that approach were described during
Audience Comments. As one of the commenters said, it would be appropriate to form a citizen task force,
an agenda item she submitted in May, to look at different voting options and decide what would be best
for the community and have the task force present their recommendation the City Council. The resolution
supports legislation at the state level to make this an option for all municipalities. She recognized Student
Representative Roberts for his involvement and creation of the resolution that was emailed to Council.
Councilmember L. Johnson appreciated the comment about forming a task force to review options and
weigh what work for Edmonds. She understood the benefits and supported ranked choice voting,
including HB 1156. As someone who has knocked on hundreds of doors and talked with many citizens,
she knew there was strong support for district elections so she was concerned about proceeding with the
resolution. There appear to be two options, including ranked choice voting as part of the legislative
agenda, but passing a resolution seems to place a priority on ranked choice voting over district elections
before a task force considers what is best for Edmonds. She was interested in knowing which approach,
ranked choice voting or district elections, was best for and desired by most Edmonds residents and which
will best address underrepresentation and whether both can be enacted or were they mutually exclusive.
Councilmember Olson said they are not mutually exclusive; they can be used in combination. Most
important, the resolution as written by no means says Edmonds will be doing ranked choice voting. The
resolution states Edmonds supports the option of having this available to all local municipalities.
Councilmember K. Johnson asked Mr. Doherty if he had any inkling whether the House will consider this
in their 60 day session. Mr. Doherty answered anything that was not officially voted down, died for lack
of action, is brought back at the beginning of the following session. This is a supplemental session in the
sense that it cleans up what wasn't passed or capital issues. It will be alive at least for a short while and
legislators in both houses can address it.
Councilmember Chen clarified by adopting the resolution, the Council was only supporting HB 1156
which does not exclude the other possibilities. He supported the resolution.
Councilmember Fraley-Monillas wanted to ensure the resolution would not affect districting. Mr. Doherty
answered there has not been an official discussion about district voting although there may be coming up.
Whether there is at -large voting or district voting, the notion of ranked choice is the way voters vote for
people whether it is the entire area or a subarea. They can work together and are not mutually exclusive.
Council President Paine expressed support for ranked choice voting, recognizing if there had been a small
change in the votes in one of the races in the last election, four of the City's Councilmembers would have
lived within 1/4 mile of each other. Districting is a very real issue and if a task force if formed, that is
something they should also consider.
Student Representative Roberts said when lobbying for HB 1156, it would be unusual for Fair Vote to say
that Bellingham, Olympia and other cities have passed resolutions in favor of ranked choice voting in
addition to Edmonds having it on its legislative agenda. Putting HB 1156 on the legislative agenda would
Edmonds City Council Approved Minutes
December 7, 2021
Page 32
not have the same lobbying effect as a resolution from Fair Vote's perspective. The purpose of the
resolution is not to put ranked choice voting above other priorities but explicitly state the Council's
support for allowing jurisdictions to have the option to adopt it.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
PASS THE RESOLUTION.
Councilmember K. Johnson said she does not support ranked choice voting for the City of Edmonds.
Edmonds often only has two candidates and sometimes only one candidate although in the last election
there were four candidates. She did not believe ranked choice voting would be significant when looking at
the historical experience in Edmonds. Perhaps it would be appropriate in Seattle where numerous people
running for mayor or council. Ranked choice voting is a very old idea, going back to the 17th century.
Washington State's format is the top two and that is what she supports. As a student of political science,
ranked choice voting was the topic of the day, flavor of the month and there needs to be a more vigorous
evaluation to ensure this is something that the citizens of Edmonds support. For those reasons she did not
support the resolution.
Councilmember L. Johnson said she did not want to vote against a resolution for ranked choice voting,
but preferred to delay the vote until next week and in the meantime, get an expert or a more definitive
answer whether this complicates moving forward with district elections if that is the task force's
recommendation. She would like to support what the state is doing, but approving a resolution for only
ranked choice voting seems like due consideration is not being given to district elections. Before voting to
approve the resolution, she wanted to have that question answered as well as what complications would
supporting both present.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO POSTPONE THIS FOR A WEEK.
Councilmember Olson said she always wants Councilmembers to have the time they need for preparation
on a vote. However, the resolution expressly states the City supports this as an option and districting and
ranked choice voting are not mutually exclusive. Learning more about ranked choice voting would not
change anything in a week because the resolution only supports allowing it as a local option. In light of
that, she asked if Councilmember Buckshnis wanted to withdraw the motion or was an extra week
desirable.
MOTION CARRIED UNANIMOUSLY.
Councilmember Chen raised a point of clarification, asking if the original motion needed to be
withdrawn. City Attorney Jeff Taraday said technically Councilmember Buckshnis' motion was not an
amendment, it was a subsidiary motion to postpone to a certain time which ranks higher than a motion to
amend. Therefore, the main motion is still pending, but any consideration of it has been postponed to next
week's Council meeting. No additional action needed to be taken tonight.
4. COMPLAINT AGAINST COUNCIL PRESIDENT SUSAN PAINE FOR CITY OF
EDMONDS CODE OF ETHICS VIOLATION
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K.
JOHNSON, TO EXTEND THE MEETING FOR 15 MINUTES TO 11:15 P.M.
Council President Paine commented that would not leave much time for Council or Mayor comments.
Councilmember Chen requested this be moved to executive session instead of public.
Edmonds City Council Approved Minutes
December 7, 2021
Page 33
Councilmember Fraley-Monillas said the accused has the ability to move it to executive session or public
session. That cannot be decided by the Council. City Attorney Taraday agreed, explaining executive
sessions exist to protect the rights of the subject of the complaint and the OPMA states...
Councilmember Olson raised a point of order, recommending the Council vote on the motion to extend.
MOTION CARRIED UNANIMOUSLY.
Mr. Taraday relayed language in the statute strongly suggests if the subject of the complaint does not
want it to be in executive session, the discussion will not be in executive session. The executive session
that could potentially apply was subsection 1(f) of 42.30.110 which allows executive sessions to receive
and evaluate complaints or charges brought against a public officer or employee. However, upon the
request of such officer or employee, a public hearing or a meeting open to the public shall be conducted
upon such complaint or charge. Although he had not expressly heard Council President Paine say this, it
was his understanding following a discussion earlier today that she prefers the discussion occur in public,
but it is ultimately up to the subject of complaint, in this instance, Council President Paine, so it is her call
whether the discussion occurs in executive session.
Council President Paine said she was the one who put this item on agenda as part of the open meeting.
Councilmember Buckshnis advised this was added to the agenda today at approximately 3 p.m., a
complaint against Council President Susan Paine for a City of Edmonds Code of Ethics violation. She and
Councilmember K. Johnson prepared the complaint. She read the following into the record:
"Background/HistorX
Historically, the Edmonds City Council has finalized the budget between December 5th and December
16th. There is a legal mandate to finalize by year end.
This complaint is against Council President Susan Paine for violating the first standard of the Code of
Ethics while scheduling and managing the 2022 budget process.
The very first standard is:
"Be dedicated to the concepts of effective and democratic government."
Council President Paine summed up her reasoning to move up the 2022 budget process in the 11/23/21
minutes as follows: "...Councilmember Distelhorst has been involved in projects with a level of diligence
and appreciation for the finetuned needs that the budget deserves. Councilmember Chen is certainly a
very bright man and there is no doubt he would be a strong performer for the Council, but moving the
timeline a bit was the right thing to do because the right people were in place and understood the
projects." This statement implies that newly elected Mr. Chen had not followed Council meetings and that
his experience as a CPA, former internal and external auditor and as a minority would have no added
value. She also implied that two veteran Councilmembers were not needed to be part of the final vote.
Recommendation
Request that the attorney to prepare a resolution sanction Council President Susan Paine for this Ethics
violation.
Narrative
1) The Council President scheduled a budget hearing during the time of the Council's code -required
monthly Finance Committee meeting. Section 1.04.040 "Cancellation of regularly scheduled
meeting" allows the Council President to cancel a meeting for certain reasons. There was no public
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December 7, 2021
Page 34
notification or reasons given as required by code. More importantly, no content for that code -required
meeting such as the September quarterly was put into the system.
2) The Council President introduced a "new public hearing rule" on the night of the continuance. This
"rule" denied any citizen the ability to comment a second time even if it was on a different aspect of
the budget. This "rule" did not honor the fact that official minutes from three budget meetings were
newly available to the public. As a result, citizens expecting to weigh in on the new material were
then denied.
3) It is apparent that the Council President put more weight on the vote of an appointed Councilmember
rather than two elected veteran Councilmembers. She suggested and scheduled a no -notice
adjournment of the budget deliberation to the next day in spite of three Councilmembers having
conflicts. Two Councilmembers were unable to attend and still had unvetted budget amendments and
questions.
4) The Council President should not decide who is part of the budget process: that decision sits with the
electorate. By moving the final budget vote from 11/23/21 to 11/16/21, the legislative participants
changed from the incoming elected Councilmember to the outgoing appointed Councilmember.
The parts that the other members of the simple majority played during this budgetary process may not rise
to a level of a sanction; but the Council President was only able to perform these acts because of the overt
support and votes from all three. The voices of the public were denied and changing the extended agenda
and the adjourned meeting were not the will of the electorate. This record should reflect that
Councilmembers Adrienne Fraley-Monillas, Laura Johnson and former Councilmember Luke Distelhorst
were complicit in this process."
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K.
JOHNSON, TO HAVE THE ATTORNEY PREPARE A RESOLUTION SANCTIONING
COUNCIL PRESIDENT PAINE FOR THIS ETHICS VIOLATION.
Council President Paine said there is a lot of argument in this complaint against her that isn't valid in so
many ways. It is personalized to so many things that are absolutely incorrect. It is unfortunate it uses the
newest Councilmember, Will Chen, to bolster the argument before he even joined the Council which she
felt was terribly uncalled for. Bringing this charge against her is reaching a new level of absurdity that is
entirely divisive and extraordinary partisan. It is absurd because there has been a greater level of
community communication and Council participation during the entire budget process. There have been
more people talking about the budget and the budget process than ever before. Being on Zoom reaches
parts of the community that have never been reached before. She disagreed with the statement that this
violates effective and democratic government, stating this is democratic government, it is absolutely
reaching the people who look to the Council to make decisions on their behalf. As citizens stated tonight,
they enjoy Edmonds, their neighborhoods and their parks; there are things that need to be worked on and
the budget addressed all those things. Having other public hearing extended the ability to have
discussions. The results prove the process has been effective because there has been greater participation,
something the Council has always wanted. More people attend Edmonds City Council meeting than most
other cities, involvement that is very important.
Council President Paine continued, earlier this year at the Council retreat, the Council asked the
Administration for more concise, higher level budget presentations and to avoid repetitive presentations.
She recalled the Administration was surprised by that, including Mr. Turley who said that was different
than was done in the past. The Council has discussed the budget process across the year and the budget
retreat was an opportunity for the Council to come together to discuss the budget. The Administration
honored that request and a timeline with an effective process was put in place. Questions submitted by the
community and Councilmembers were answered and posted on the City's website. The absurdity of this
charge goes even further; it is inappropriate to sanction a Councilmember if either of the two
Councilmembers do not like how she voted. If they were unhappy with the budget discussion and
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December 7, 2021
Page 35
decision, either should have been able to find a way to attend all the budget meetings, particularly since
both had spent a great deal of time asking questions, to attend and be part of the process.
Council President Paine continued, referencing claim number 1, the Finance Committee meeting was
canceled because the only item that needed to be discussed was the budget. With no other agenda items,
she canceled the meeting. If she didn't follow the right steps, she commented this has been a year for not
following steps as has been seen across the board on Council. The allegation that there was a new public
hearing rule, she said continuing a public hearing is kind of like the old public hearing sign-up sheet,
people don't get to put their name on it a dozen times. People who had a chance to speak also had a
chance to speak after the fact and coming back in doesn't mean they get to run around to the end of the
line and sign up again. She found that allegation unfair and avoidance of what actually has been going on
across all the years, the application of a common rule. If the reference was to the continuance of the
hearing and adjournment to the next day, that offered more time on the 17'h for the Council to get through
its agenda.
COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO EXTEND FOR 10 MINUTES TO 11:25. MOTION CARRIED UNANIMOUSLY.
Council President Paine explained the adjournment to the next day provided another three hours to
complete the budget proceedings which was appropriate. The law allowing that has been incorporated
into the local code and it is not uncommon if the Council cannot get through its agenda to take it up the
next time they meet. The City's code is pretty specific and she followed the code. The Council heard a lot
from the community over the last 4-5 weeks as well as a lot of comments/questions internally from
everyone. She was amazed at the performance, diligence and questions that came in on the timeline
requested which should not go unrecognized. With regard to claim #3, there are 7 Councilmembers and
there is no Councilmember in waiting. Most of the time the seating of Councilmembers does not happen
like this, but when it became clear to her that there would be a transfer of power on the same day the
Council was supposed to pass the budget, the timeline shifted a bit but that did not mean it was
undemocratic.
Council President Paine continued, all seven Councilmembers have the same authority and ability to
render a decision regarding the budget. She denied the claim that this was out of order and asked that it be
reconsidered because it looks a little silly to her. When Councilmembers talk about whether she has the
ability to make a decision about who is participating, there are only seven Councilmembers at the same
time. It is a little irrational for the argument to go into a circular logic with regard to veteran
Councilmembers when all Councilmember are equal and all have the same obligations, authority and
commitment to the community; there is no extra authority for being on the Council longer. She never
doubted any Councilmember's commitment to the community.
Council President Paine continued, Councilmembers calling themselves veteran Councilmembers turns
the argument upside down, saying Councilmember Distelhorst was less able to make a decision on the
budget than the incoming Councilmember for Position 2 on that very day. She found that an irrational
argument that did not make sense. She was surprised by this, felt it needed to be discussed in the public,
but was not what the public expects of the Council. She reiterated it was divisive, partisan in many ways;
the process did not reduce the effectiveness, the process and it was not anti -democratic. She repeated the
process was not anti -democratic; there have been more comments on the budget this year than in previous
years.
To the comment that the budget is normally finalized between December 5'' and 15'i', Council President
Paine said every now and again the Council has passed the budget at the end of December, but that is
most likely due to incorporating the CFP/CIP into budget which has to be done at the end of the year.
Edmonds City Council Approved Minutes
December 7, 2021
Page 36
The luxury of extending the budget for 8-12 weeks was an artifact of something that probably has nothing
to do with the actual budget.
Councilmember Fraley-Monillas pointed out Luke Distelhorst spent two years on the Council. He served
on the budget committee, he understood what every department does and how they do it. Nothing toward
Councilmember Chen, he is a very nice person, but anybody who does not know that the City spends a
majority of its funding on public safety needs more time in the chute. She recalled Councilmembers
Buckshnis and K. Johnson complaining because the four new Councilmembers were given too much
responsibility and questioning whether they could handle it. The allegations talk about bringing in a new
person who does not even quite understand the budget into a process to control the budget which she
found absolutely foolish. She agreed this was divisive and partisan in its approach.
Councilmember Fraley-Monillas said she found it appalling that Councilmember Buckshnis missed four
meetings between October and November. She knew the budget was coming and chose to go on vacation
and not call into Council meetings. Councilmember Fraley-Monillas said she has been out of town on the
other side of the country during this period and called into meetings. She found it appalling that someone
would try to control the budget based on their personal vacation. She said the same was true with
Councilmember K. Johnson who could not attend the adjourned Council meeting, considering that she
was in a facility where she could have responded. She said the Council was spinning its wheels, focusing
on Council President Paine.
Councilmember K. Johnson raised a point of order, requesting Mayor Nelson advise Councilmember
Fraley-Monillas not to make personal attacks against her about facts upon which she has no true
knowledge.
Councilmember Fraley-Monillas said her point was Councilmember K. Johnson could not attend the
meeting. She had to guess the reason why because Councilmember K. Johnson did not tell anyone why
she was unable to attend the next day's meeting. She understood why Councilmember Buckshnis couldn't
attend, she was out of town and made that decision. The Council meets at the same time every year to
consider the budget. Councilmember Buckshnis chose not to attend four meetings in the last 1'/z months,
not because she was ill, in a facility, in the hospital or something, but because she had other things to do.
The Council cannot delay working on the budget because one Councilmember has things they want to do;
the Council has to move forward with the budget. Many cities have completed their budgets already and
many are done meeting for the year.
Councilmember Fraley-Monillas continued, Councilmember Buckshnis is not a CPA and not an
accountant and she depends on Finance Director Dave Turley for information. She could not understand
that these silly charges were about. She promised next week there would be more and they would be
against the one that think they're harmless, but they are absolutely not.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO EXTEND 10 MINUTES TO 11:35. MOTION CARRIED UNANIMOUSLY.
Councilmember L. Johnson said historically Edmonds has allowed the budget process to go late in the
year, close to the mandated cutoff and often with a rush of last minute amendments for which there was
no opportunity to vet and the rush of unvetted amendments lacked transparency. Just because something
has always been done one way is not necessarily a reason to continue. In this case, following best
practices put forward by the finance director, the Council started the process earlier and when it was
noticed that the November 23 scheduled vote was just hours after a new Councilmember would assume
office, the schedule was moved up by a week to November 16t1', allowing budget deliberations and a vote
with the same Council. It wouldn't be fair to ask a Councilmember who had just assumed office to vote
on something as important as the budget given that they had not participated in the lengthy presentation
Edmonds City Council Approved Minutes
December 7, 2021
Page 37
and deliberation process. She was unsure how an argument could be made about that; participating in the
budget is more than reading the budget book, it is quite involved. If she was in that position, assuming
office hours before a vote was taken on the budget, she would have to abstain from the vote and they did
not want to put anyone in that position.
Councilmember L. Johnson continued, it is ironic that this sanction against a Council President acting
well within their responsibilities is being levied by a Councilmember who participated in organized
obstructionism of the budget process, has levied unsubstantiated accusations that the process was
improper and possibly illegal, has made numerous public accusations against staff, planned two vacations
during the budget season and failed to attend multiple meetings even though Zoom makes it possible to
attend while out of town. She concluded this is ridiculous.
Councilmember Chen said all Councilmembers and the Mayor are all dedicated public servants and do
what they can, sacrifice their own time including attending a meeting until nearly midnight tonight. He
has been following the budget process and was ready to vote so saying he was not ready to vote was
untrue. In his observation, moving the process up a week from the original schedule resulted in numerous
amendments that when Councilmember Olson moved the amendment, she could not get a second ,
resulting in many important budget decisions being pushed through and creating an opportunity in
January to make a number of amendments.
Councilmember Chen said he wanted the Council to treat each like colleagues, like friends, not poke
people in the back. Unfortunately, the Open Public Meetings Act prevents Councilmembers from getting
together for social events, but Councilmembers need to become good friends. He has heard that some
Councilmembers do not talk to each other or look at each other which he felt was unhealthy. He was not
happy the process was pushed up, that there was no opportunity for public comment on November 17t'',
and that Councilmember Olson was unable to get a second to the motions she made to amend the budget.
He agreed the process was rushed which provides an opportunity to make amendments when Neil Tibbott
joins the Council. In the interest of cohesiveness, he did not support the sanction and wanted the Council
to cool down a bit and treat each other like friends. He encouraged Councilmembers not to let their
political party push them to accomplish a certain agenda. He concluded, we all love Edmonds, we should
look out for Edmonds and not certain political parties.
Councilmember Olson pointed out there are six democrats and one unaffiliated person on the Council.
The talk about how partisan everything is always interesting, but it puts Councilmembers in an awkward
position when enforcing ethics against each other when needed which is something the Council absolutely
needs to address. She supported forming an external ethics board instead of Councilmembers. This was
undemocratic and she said it repeatedly before the schedule was permanent and the Council was locked
into it including telling Mr. Turley that it was wrong, that it was undemocratic. What Councilmember L.
Johnson said about the way the budget has been done in the past does not mean it's a best practice is a
true statement. The extended agenda stated the final budget deliberations would occur on November 23'
and December 7t' if needed and those dates were noticed, but once the primarily election revealed the
seated Councilmember would not be part of the process, the dates were revised to change the participants
in the budget process. If a change was going to be made, it could have easily been changed to the same
window of time that has occurred over the last four years, December 5t' to 16t''. She knew
Councilmember Chen would have been prepared to participate the first day, but if Councilmembers were
concerned about that, the process could have been moved forward a few weeks to provide more time for
him to get his bearings.
Councilmember Fraley-Monillas raised a point of order, saying the Councilmember was straying from the
topic. Councilmember Olson said this absolutely was the issue. Mayor Nelson ruled point not taken.
Edmonds City Council Approved Minutes
December 7, 2021
Page 38
Councilmember Olson continued, the timeline was absolutely changed for the purpose of changing the
participants in the process, contrary to the will of the people and if that doesn't define undemocratic, she
did not know what did. She told Mr. Turley, Mayor Nelson, and Council President Paine in phone calls or
face-to-face meetings before the revised schedule was locked in that the change was undemocratic. She
said it was not about attacking a person or sanctioning a person, it was sanctioning the behavior; this is
not the way government should operate. With regard to collegiality, she desperately wanted that and
hoped it could be achieved in the new year. First it needs to be about doing business in a democratic way.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
EXTEND UNTIL 11:50. MOTION CARRIED UNANIMOUSLY.
Council President Paine said she appreciated what Councilmember Chen said. It is true that the Council
needs to be more collegial; but there are rules in place that prevent that. She found it extraordinarily
unfortunate and wildly inappropriate that a complaint is being leveraged against any Councilmember. She
reiterated there has been a lot of wonderful public process that was not illegal. The community has been
well served; this is a familiar process that Councilmembers should be able to accomplish. It would have
been more fortunate if Councilmembers had attended the meeting to support Councilmember Olson's
requests when the Council diligently reviewed all the requests, but most motions died for lack of second
even for discussion. She concluded people should have been there.
Councilmember L. Johnson said extended agendas are planning tools subject to frequent change. Stating
it as through it was solidified was a false narrative. Additionally, just because someone does not like
something, does not make it undemocratic. She did not like the obstructionism that happened, but wasn't
sure she could call it undemocratic. She didn't like the use of that tool but was not accusing anyone of
being undemocratic or illegal; the process was followed. People are stating opinions as fact, there is no
fact that it was undemocratic. She objected to stating dates as fact using the extended agenda, when at the
top of the extended agenda is the statement, planning tool subject to frequent amendment. She concluded
this is silly, this is ridiculous, process was followed.
Councilmember K. Johnson said this is not silly; this is a very serious charge against the Council
President who manipulated the process, following the correct rules but clearly manipulating process by
rushing approval of the budget for her desired outcome, knowing have full well that she would have four
votes perhaps only if Councilmember Distelhorst was included. She pointed out this was not the Mayor's
budget, it is the Council's budget; however, what the four Councilmembers adopted is almost identical to
the Mayor's budget. There was never any serious discussion of the line items or budget items. Despite all
the flowery language that Council President Paine offered about the process, how democratic things were
and the amount of public input, the bottom line is she manipulated the process, it will not stand and they
are calling her on it.
Councilmember Fraley-Monillas said that is so ridiculous. What Councilmember K. Johnson is saying is
an excuse for not being at the meeting and what Councilmember Buckshnis is saying is an excuse for not
being at meetings. Councilmember Fraley-Monillas said she attended meetings from the other side of the
country. She felt what Councilmembers Buckshnis and K. Johnson were pushing regarding the Council
President was very inappropriate. Councilmembers Buckshnis and K. Johnson chose not to be present and
to not vote. In her history with the City, she was aware of other votes regarding budget that went into the
next day; this is not the first time it has happened. It is the first time it has happened when
Councilmembers had other plans where they chose to go on vacation to spend time with their family or
had medical issues they needed to deal with. She objected to their bringing up the Council President on
charges because of their inadequate ability to run the City, the biggest farce she has seen yet. She urged
them to stand behind the Council President for a change. She thanked Councilmember Chen for his
willingness to do that and for understanding that this is just a bunch of games that she found really
inappropriate. She promised she will be watching and talking and she has not been shut down.
Edmonds City Council Approved Minutes
December 7, 2021
Page 39
Councilmember Buckshnis said there has never been an adjournment meeting and she has never seen that
process. When City Clerk Scott Passey sent out the email, she did not read the fine print and the Council
President did not call or text her about the adjourned meeting, she had to ask Mr. Taraday about it.
Everything in the narrative is factual; the admission by the Council President that the right people were in
place for the right vote was clear. Although some refer to her absence, in looking at her work, she and
Councilmember K. Johnson raised the most issues with the budget that needed to be vetted. She agreed
she was not available to attend the meeting due to a long standing family commitment but that doesn't
matter, what matters is the agenda was changed by one week by the Council President. The Finance
Committee meeting was canceled with no publication; citizens were upset they were denied the ability to
make comments at the continued public hearing even though there were new minutes available for the
three budget meetings. The logic regarding that was incorrect; citizens had new material to comment on.
Councilmember Buckshnis continued, regarding item #3, it was obvious the Council President put more
weight on the appointed Councilmember. Councilmember Chen said he was prepared to vote on
November 23' and she was prepared to vote on November 23rd, yet she was denied that ability due to the
adjourned meeting. She said Councilmember Fraley-Monillas can make whatever speculations she wants,
recalling in 2014 Councilmember Fraley-Monillas called her and demanded that the Council wait a week
so she could vote on the budget.
Councilmember Fraley-Monillas raised a point of order, stating it was in appropriate for a
Councilmember to be shooting bullets at her. Mayor Nelson agreed there have been a lot of accusations.
Councilmember Buckshnis said everybody's shooting bullets. She stood by the sanction and will go on
record...
Councilmember Fraley-Monillas raised another point of order, alleging Councilmember Buckshnis was
not speaking to the motion. Councilmember Buckshnis said she was speaking to the motion.
Councilmember Fraley-Monillas asked for the motion to be restated. Councilmember Buckshnis said the
motion was to sanction Council President Susan Paine. Councilmember Fraley-Monillas requested the
motion on the record be restated, not what Councilmember Buckshnis said.
Mr. Taraday restated the motion:
TO DIRECT THE CITY ATTORNEY TO DRAFT A RESOLUTION OF CENSURE.
Councilmember Fraley-Monillas asked the date for drafting the resolution. Mr. Taraday said that was not
stated.
Councilmember Buckshnis said as always she is interrupted, but the fact of the matter is everything
written is factual. She did not want a Council President in the future to do something like this. She
acknowledged there had never been a Council appointee that did not make it through the primary which
contributed to this situation. She pointed out Councilmember Chen said he was prepared to vote on the
budget. She expressed support for sanctioning Council President Paine.
COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
EXTEND TO 12:10. UPON ROLL CALL, MOTION FAILED (4-3) FOR LACK OF A SUPER
MAJORITY, 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 7, 2021
Page 40
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
EXTEND TO MIDNIGHT. MOTION CARRIED (5-2), COUNCILMEMBERS L. JOHNSON AND
FRALEY-MONILLAS VOTING NO.
Council President Paine asserted the comments in this charging document were wildly out of line and the
narrative is very divisive. She hoped the Council would have a chance for a better new year. She found it
ironic that the Councilmembers were asking to sanction someone just because they did not like the
outcome of the vote. It was a democratic process and the ability for people to comment in abundance
doesn't mean there was any shortage of access to the public hearings.
Councilmember L. Johnson referred to the term "fact" that is being thrown around; Councilmember
Buckshnis just said everything is fact, but that is not true. She referred to comments in the narrative that
actions implied something were fact or that it was apparent the Council President put more weight on the
vote. That is not fact, it is subjective, someone's opinion. She urged the Council to stick to the facts and
be fair and honest. If it is someone's opinion, it should be stated as such. A fact stands on its own; the
narrative is full of opinion.
Councilmember Olson said the things that being said are bothersome to her as well; saying that the
Councilmembers did not like the outcome, it felt like the outcome was being fixed. Ignoring the choice
that the people made in the election felt undemocratic to her.
Councilmember Fraley-Monillas said the Council is being looked at as a cast of fools by the whole county
because Councilmembers are being set up to chew on each other which she felt was ridiculous. She
emphasized this was a very small conservative minority that were pushing forward. She preferred to not
be looked at as a cast of fools. It is inappropriate to bring Council President Paine up on charges for what
she has done legally.
Councilmember Olson said a lot of things that are legal are not ethical. This was a code of ethic violation.
Councilmember Fraley-Monillas repeated "the cast of fools." Mayor Nelson requested Councilmembers
wait until they were called upon to speak.
UPON ROLL CALL, MOTION FAILED (3-4); COUNCILMEMBERS K. JOHNSON,
BUCKSHNIS AND OLSON VOTING YES; COUNCILMEMBERS CHEN, FRALEY-MONILLAS
AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO.
Council President Paine expressed support for considering the proposed change in the land
acknowledgement next week to recognize all the Salish peoples. She thanked everyone who participated
in tonight's meeting, 26 during the public hearing and 17 during audience comments.
Councilmember Chen called to the public's attention that the county will vote on the 0.1% sales tax
increase on December 151}i. He thanked the 43 participants who were still listening at almost midnight.
Councilmember L. Johnson thanked everyone for their robust participation tonight and encouraged them
to stay engaged and continue to participate. It was nice to hear new voices and to get representation from
a wider subset of the community.
Councilmember Fraley-Monillas repeated she was dealing with a cast of fools who wanted to bring
someone up on charges for doing their job legally. She thanked Council President Paine for everything
Edmonds City Council Approved Minutes
December 7, 2021
Page 41
she has done, relaying her opinion that she was moving forward in a way that was legal and helpful for all
Councilmembers. She can't wait to wait next year and was excited not to be constrained on what she says.
Councilmember Buckshnis said she was available for a meeting on December 21 ", commenting agenda
planning had not been done well this year. There is a full meeting agenda next week and she did not
support meetings going until midnight. She found it unfortunate that people worry about who the cast of
fools are, regardless of whether things were done legally, there were ethic issues which were what she and
Councilmember K. Johnson brought up. She was glad she had gone on record with her concerns and
appreciated Councilmember K. Johnson's assistance.
Student Representative Roberts urged the public to continue wearing masks, get booster shots and be kind
and respectful to each other. At the end of the day, we're all humans and we all deserve respect. We're all
Edmonds residents and want the best for the community in the short and long term.
10 MAYOR'S COMMENTS
Mayor Nelson thanked everyone for providing probably the most robust commentary from a variety of
perspectives on the temporary objects [streateries] that bring out a lot of passion. He was happy to see that
level of engagement. He wished there were times he could just give everyone a hug because it seemed
like everyone needed a hug.
IL ADJOURN
With no further business, the Council meeting was adjourned at 11:59 p.m.
MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK
Edmonds City Council Approved Minutes
December 7, 2021
Page 42
Public Comment for 12/7/21 Council Meeting:
From: Joan Bloom
Sent: Tuesday, December 7, 2021 4:05 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council
<Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>
Subject: Streateries public hearing, END Streateries
Council and Mayor Nelson,
Having just reviewed every LTE and comment on myedmondsnews regarding the Streateries, I
feel strongly that the Streateries should sunset on December 31, 2021 for the following reasons:
• They were not legally initiated. (See ALL of Ken Reidy's emails)
• They are unsafe as they do not meet fire and safety codes.
• They contribute to climate change with use of multiple gas heaters.
https://myed mondsnews.com/2021 /12/letter-to-the-editor-edmonds-streateries-
some-basic-math/
• They favor some restaurants over other restaurants and businesses, and thus are
unfair and inequitable to ALL business owners.
• They are no longer necessary to provide adequate outdoor dining options for
those who choose to eat outside. Many of the restaurants maintaining Streateries
also benefit from outdoor dining on the sidewalk. Those existing tables (sidewalk
and bistro dining) provide sufficient space to accommodate those who wish to eat
outdoors.
• They are a gift of public funds to specific restauranteurs. This is unfair to the many
restaurants that already maintain and pay rent for their outdoor dining spaces.
• They significantly reduce parking availability for the disabled.
• They pose a serious insurance liability to the City of Edmonds, should an accident
or injury occur related to the structures.
After your vote to END the Streateries, I suggest the following:
• Clarify fire and safety code compliance for sidewalk and bistro dining.
• Clarify if use of gas heaters is allowed and, if not, enforce use of appropriate
heating (assume electric).
Edmonds City Council Approved Minutes
December 7, 2021
Page 43
• Encourage restaurant owners to accept reservations for outdoor dining, to
accommodate those who prefer to, or must for their or a family member or friend's
safety, dine outside.
• Convert a significant number of the parking spaces now being used for Streateries
to disabled parking spaces.
• If it is still felt necessary to support in order to support all restaurants and
businesses, consider converting key parking spaces to curbside pick-up only.
Regards,
Joan Bloom
Former Edmonds City Council member
From: Martha Karl
Sent: Tuesday, December 7, 2021 3:35 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Public Comment
I I'm writing counsel today to support the downtown Edmonds streateries. I am immune compromised
and don't feel comfortable eating inside in Snohomish county as there are no vaccinations requirements
in most restaurants. The ability to eat outside is a big factor in weather I will spend my money at an
Edmonds restaurant. I also think it is worth noting the past 3 times I've eaten downtown I also visited
other edmonds businesses and made purchases totaling over 100$ Each time.
Please consider keeping these outdoor options available.
Martha Karl
From: Patrice Kettner
Sent: Tuesday, December 7, 2021 1:19 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Edmonds Streateries
Dear Mr. Mayor and City Council Members,
My husband and I have lived in Edmonds for over thirty years and are both recently retired Registered
Nurses. We are fully vaccinated and have received our boosters. We continue to be uncomfortable
dining inside a restaurant.
The well designed Edmonds Streateries have allowed us to enjoy eating downtown Edmonds during this
prolonged uncertainty of the ongoing pandemic.
Edmonds City Council Approved Minutes
December 7, 2021
Page 44
Please follow the science and continue the Streateries at a very minimum until the beginning of summer
2022. Too much is UNKNOWN at this time about the Omicron variant. We do not yet know how
contagious or deadly this variant is.
It is much to early at this point to make a decision of such magnitude as we have only known about this
particular variant for approximately 2 weeks.
There is a very vocal, organized group of a minority of citizens that make their anti -science based
opinions know on the conservative media sources that dominate our town's news cycle. They also
dominate the public comments portion of the weekly City Council meetings. They do not speak for the
rest of us.
I implore all of you to follow the science and vote to continue the Streateries.
https://www.nvtimes.com/2021/12/07/briefing/omicron-variant-need-to-know.html
Thank you for your continued service to our community during these trying times.
Patrice Kettner RN
Bruce Ballard RN
From: Carol Junglov
Sent: Tuesday, December 7, 2021 12:59 PM
To: council@edmondswa.com; Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
Dear Council Members and Mayor Nelson:
I fully support the streateries and the curbside pick-up spots that many of our downtown restaurants
have. I have used both many, many times over the past year and without them, would not be spending
my dining dollars in Edmonds. Contrary to what some people claim, the pandemic is not over and until
Snohomish County has a requirement to show proof of vaccination to dine inside, I won't. I just started
to eat inside restaurants in King County because I feel safe knowing that everyone who enters has to
show proof of vaccination. If the streateries and curb pick-up go away, I'll be spending even more of my
dining dollars in King County instead of Edmonds. Even if I didn't use them, think it's festive how the
heaters and lights brighten up our dark winter nights.
Thank you,
Carol Junglov
Edmonds WA 98020
From: gretchen ziobro
Sent: Tuesday, December 7, 2021 10:47 AM
Edmonds City Council Approved Minutes
December 7, 2021
Page 45
To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council
<Council@edmondswa.gov>
Subject: YES to streateries
Hello. I'd like to voice my support for extending the permits for Strateries. I am an Edmonds resident and
my family uses the steateries about once a week. We are grateful they are there as we avoid indoor
dining still due to COVID. We've never had any trouble parking — in fact, I haven't noticed that they've
made any difference in parking at all. Case in point, we ate outside at Salt & Iron Saturday night and
parked half a block away. I do think the restaurants should be paying for the space (beyond the permit
fee) as it does extend their real estate and it is public space that they are utilizing. Some have compared
the look of the streateries to a "shantytown." I actually find them really festive in the winter with their
lights and liveliness. Based on the sales tax numbers that were released yesterday, it sounds like the
streateries are not adversely affecting our retail shops, but if there are downsides that are impacting the
shops, the input of those retailers should be listened to and solutions found. Small businesses are the
lifeblood of our downtown and we need to support all of them.
Thank you for taking the time to hear my perspective.
Gretchen Ziobro
From: Cara Diehl
Sent: Tuesday, December 7, 2021 8:48 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Public Comment on Streateries
I'm writing to comment on my enthusiastic support of extending permitting of streateries in Edmonds. I
think opening up the public streets to dining enhances the beauty of downtown Edmonds rather than
detracts from it - the streets of a city center should be a place to gather and commune more so than a
place to park your car. I personally would like to see the city and its inhabitants think creatively about
how to encourage more biking and pedestrian activity. Having to potentially park a block or two away
from a restaurant or store is to me, rather flip in exchange for the benefit of streeteries. Eating and
convening in these outside gatherings offers aesthetic comforts - cozying up by a fire, lingering for
another beverage and more conversation during the warm summer hours and enjoying the late sunsets.
Beyond my enjoyment of the streeteries, I think there's an imperative to seriously consider that there's
feasibly no return to pre -pandemic life. The odds are that more airborne diseases will continue to crop
up and disrupt public life as we know it -- we have some infrastructure that enables restaurants and bars
to continue to operate and generate revenue while mitigating the risk of community spread. And also,
while I'm personally loath to make decisions rooted solely through the lens of capitalism - the research
done around retail sales during the summer of 2021 supports the concept that streeteries have not had
a material impact on their business profits.
Thank you for considering my position.
Edmonds City Council Approved Minutes
December 7, 2021
Page 46
From: Comcast
Sent: Tuesday, December 7, 2021 12:33 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: In support of outdoor dining areas
Dear Council President and Council Members,
Let me first thank you for your service to the City of Edmonds. Additionally, keeping public health and
safety a priority during these "Covid" times and having the difficult conversations due to the pandemic
has been and continues to be appreciated. Even though you signed on for public service, no one truly
signed on to service during a pandemic, so thank you.
The "street -eateries" or the extended outdoor seating was and still is a welcomed program for many of
us who understand the intent of keeping the public safe during a pandemic (which last I checked it looks
like we are on another variant) and supporting local restaurants. My family and I have enjoyed many
outdoor meals at various venues. Not only in Edmonds, but prior to the pandemic, outdoor dining was
something that I missed whether it was apres-ski or the bistro type tables in my small town or in NYC's
Time Square.
It is a false equivalence to compare retail with restaurants, in this case. Last time I was shopping, I did
not have to remove my mask to make a purchase, unlike dining.
If the program is not "seen" as equitable (as a few of you have indicated), in what ways can the we
support this program while creating an "equity"? Would it be a square footage charge for the parking
spaces the outdoor spaces occupy? Would restaurants like the Starbucks incur the same type of charges
since they have "sidewalk"/bistro type seating?
One of the most welcoming sounds during the darkest period of the pandemic was hearing the people
chatter while they were enjoying a meal, or the laughter over a drink at one of the local businesses.
Instead of looking back and saying 'we can't because we have always (you know the rest); let's look
forward and incorporate some of the innovations that sprung from a shut -down.
Thank you for your time.
Virtually yours,
Donna Murphy
Edmonds
From: Kclarke5
Sent: Monday, December 6, 2021 9:17 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council
<Council@edmondswa.gov>
Subject: Re: Amended letter dated 12/6/2021 Vote no on Streateries
Edmonds City Council Approved Minutes
December 7, 2021
Page 47
Dear City Council,
Please note my letter on 12/6/2021 has been amended below. The Rusty Pelican was misidentified as
having tents in the alley way. Sankai on 4th Avenue is one of the restaurants who have erected the tents
in the alleyways.
Thank you,
Cheryl Clarke
From: Tiffany McClurg
Sent: Monday, December 6, 2021 7:53 PM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Downtown Streateries
To whom it may concern: I just wanted to voice my support for the numerous outdoor seating areas in
the downtown Edmonds core. They make the restaurants so much more accessible and fun. We love
walking along the sidewalks and seeing all the people enjoying meals together. It has added such a great
energy and cool vibe to downtown and we are still a lot more comfortable eating outside than inside.
Please keep them!
Sincerely,
Tiffany McClurg & Mike Wolf
Edmonds Residents
From: Howard Fankhauser
Sent: Monday, December 6, 2021 7:07 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Street restaurants
Please keep these. The pandemic is not over and I would not patronize a restaurant if the only choice
was indoor dining.
Howard Fankhauser
From: Jim & Shanna England
Sent: Monday, December 6, 2021 7:02 PM
To: Buckshnis, Diane<Diane.Buckshnis@edmondswa.gov>; Olson, Vivian
<Vivian.Olson@edmondswa.gov>; Monillas, Adrienne <Adrienne.Monillas@edmondswa.gov>; Johnson,
Kristiana<kristiana.johnson@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>;
Nelson, Michael <Michael.Nelson @edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>; Paine, Susan <Susan.Paine@edmondswa.gov>;
Edmonds City Council Approved Minutes
December 7, 2021
Page 48
will.chen@edmondswa.com
Cc: neil.tibbott@edmondswa.gov
Subject: PLEASE ELIMINATE STREETERIES !
Dear Mayor and Council,
Thank you for all your time and effort in leading our City.
We are residents and taxpayers of the once charming City of Edmonds. This is our first public opinion
comment in many years and we have never submitted a comment in My Edmonds News. Like many
residents, we moved here over 12 years ago because of the Edmonds charm, and the variety and
diversity of downtown businesses giving it that charm.
Please vote to take down all these Streeteries for the following reasons:
1. They make our main downtown streets look ugly and degrades our City's charm. Previously when
walking downtown, we used to hear many visitors comment how charming our downtown core is (all
businesses, not just restaurants). No "charming" comments now.
2. Streeteries are dangerous. It is going to take only one driver looking at a text message or something
then crashing their 5000 lb vehicle into a group of tables. This is a lawsuit waiting to happen. Also,
propane heaters pose a potential fire hazard, and even explosion upon collision. It is the taxpayers
who will be paying for those lawsuits.
3. Streeteries were started due to pandemic government restrictions. There are no restrictions
now. Restaurants can operate indoors at 100%. There are events inside at ECA, there are indoor
concerts, basketball games, open gyms, etc. And, is it really any more dangerous eating inside a
restaurant than in an enclosed Streetery space with heaters and sitting 2 feet across the table
from friends that you have no idea if they have been exposed to Covid in the last 14 days? Enclosed
Streeteries give a false sense of protection from Covid.
If some customers are still concerned about eating indoors, restaurants still offer pick up/curbside.
Then, customers can get food to go and take home, or maybe eat in their car down at the
waterfront with a view (that's what we do).
4. The "chosen few" restaurateurs are profiting from our lovely city giving them expanded spaces at the
expense of our limited and coveted parking spaces. Many restaurants already have outside dining, and if
they do not, they could possibly convert their front walls into foldable openings.
5. 1 learned in my Business classes at the University, that the restaurant business is one of the most risky
businesses to start, even before Covid. Why does our City feel so committed to give free handouts to a
very few and limited restaurateurs? And, we heard one of these chosen restaurateurs owns 3 of
these Streeteries? You do realize there are more restaurants now on Main Street than there were pre
pandemic?
Edmonds City Council Approved Minutes
December 7, 2021
Page 49
6. Streeteries are not fair to the other businesses. Streeteries impact non-food businesses by creating
parking problems, access problems, and even clear sight of their business. "Downtown" means a
diversification and variety of businesses, not a Food Circus.
7. Streeteries and sidewalk tables DO NOT comply with ADA sidewalk width regulations. Why has the
city not been called on that? OR, has it?
Issues for people with limited mobility; they can not park close to the shops (what's left of them),
restaurants/bars (too many in small limited space), dangerous sidewalks, and not following ADA
regulations. Can't even imagine someone in a wheelchair or a family with a stroller trying to maneuver
the sidewalks around the Streeteries, their staff, tables and chairs on sidewalks, people congregating
around the tables, etc.
8. Some comments in My Edmonds News suggested they wanted Streeteries like Anacortes. However,
the street in Anacortes is at least twice as wide as our Main Street, and Streeteries just do not fit
in Edmonds.
Regarding the survey:
The Survey questions are preloaded for a positive conclusion to continue Streeteries, similar to
previous surveys orchestrated by Shane Hope on Housing.
The survey will not be accurate. You will receive many slanted pro Streetery votes from restaurant
owners and their support staff who profit from this, and may not even live in or be a taxpayer of
Edmonds. And, adjoining cities may cast votes too, as it is not clogging up their downtown streets. It
appears you can cast multi votes, and that is what we would do if our income would benefit from
Streeteries.
Also Council: if you have a conflict of interest with Streeteries, ie: your business provides service
to one of the Streeteries, please do not vote to continue Streeteries to make your business client
happy.
We want ALL Edmonds businesses to survive. Please clear our streets of these Streeteries. Time to
be fair to all Edmonds restaurants, retail shops, and businesses. Bring back our Edmonds
charm!
Thank you for your time.
Jim & Shanna England
Laurel Street
From: Jamie Milleson
Sent: Monday, December 6, 2021 5:03 PM
Edmonds City Council Approved Minutes
December 7, 2021
Page 50
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Edmonds Streateries Comment
Hello,
I am writing in support of extending the streateries ordinance in downtown Edmonds. My family has
taken the survey but felt compelled to comment further in support of this extension. As a family with
young children who do not yet have access to vaccination, we rely on the streateries as what we see as
our only safe option to continue to dine out in Edmonds. Given the ever changing landscape of the covid
pandemic and the fact that our community remains at a high rate of transmission, this does not
seem like the time to remove this option from the community.
Thank you for your consideration in extending the ordinance. My family has really appreciated them and
our ability to safely eat at our favorite local restaurants has been a bright spot for our family through the
pandemic.
Best,
Jamie Milleson
From: Chris Griffen
Sent: Monday, December 6, 2021 4:36 PM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Re: Streateries Extension
As a resident of Edmonds, it has been interesting to see the amount of debate that the streatery 12/31
sunset provision has generated. To me, there is no question that they should be allowed to continue, at
least through the remainder of the pandemic.
As the parent of two children, one of whom is not yet old enough to qualify to be vaccinated, the
streateries have provided a safe environment to dine out as a family throughout the pandemic. To
shutter them now, as another variant potentially approaches, makes no sense. They were an ingenious
adaptation by the Clty to allow business to continue to operate during the height of the
pandemic. While it would be nice to think that we are out of the pandemic at this point and that they
are no longer needed, that is no more than wishful thinking.
I've read the criticisms of them posted on My Edmonds News and in the Beacon, but it seems to me that
the benefits they convey far outweigh any loss of parking or aesthetic impact. The criticism that they
represent some sort of unjust government enrichment to these businesses seems equally absurd.
They provide a tremendous value to the City and to those of us who reside here and dine here,
especially those of us with families. Please consider extending the sunset provision for the foreseeable
future, and consider reassessing that decision when the pandemic is behind us.
Edmonds City Council Approved Minutes
December 7, 2021
Page 51
Chris L. Griffen
Edmonds, WA 98020
From: Terra Mangum <terramangum@yahoo.com>
Sent: Monday, December 6, 2021 3:42 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
Hello Council,
Our family would like to extent the Streateries through the summer. Our household is comprised of two
working nurse practitioners, a 94 year old great grandma, and two kids ages 2 and 1. We use the
Streateries for the sake of keeping exposure to our kids and great grandma low. If we are eating with
people not from our household we would only do so outside. We have seen the impact of covid first
hand at our jobs and with babies who cannot be immunized we feel this is the safest way for us to enjoy
and support Edmonds. We think they look fabulous and fun too. We use the streateries most weeks of
the year and find them accessible for our friends and relatives with and without physical disabilities. We
have never enjoyed Edmonds more in our 34 years here and have frequented the businesses or
restaurants more now and during walkable main st than we ever have. Both streateries and walkable
main made things much more accessible and covid friendly for our health conscious family.
Thank you,
Dr. Terra Mangum
From: Laurie Cooper <Icoop96@hotmail.com>
Sent: Monday, December 6, 2021 2:39 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
The pandemic continues. I will not eat indoors until it is safe. The only way we will frequent restaurants
in Edmonds is if we are able to eat outside.
Laurie Cooper
From: Perry Janssen
Sent: Monday, December 6, 2021 1:58 PM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Streateries
Edmonds City Council Approved Minutes
December 7, 2021
Page 52
Hello,
I am an Edmonds resident.
I am in full support of the Streateries continuing. We need our businesses to thrive in this
economy and
They are a crucial part of our community and we need them to have Edmonds thrive.
We need them to continue.
Thankyou
Perry Janssen
From: Megan Wolfe
Sent: Monday, December 6, 2021 1:19 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streetaries
I know there are a lot of strong emotions around the streetaries debate. I would like to fist applaud the
council and the mayor on finding a creative approach to a problem during a very difficult time. More
creative problem solving is needed everywhere right now. I hate that this issue has caused many people
to forget how to actually talk about solving problems and instead have turned to yelling and screaming
even when they don't understand the issue. I LOVE the streetaries and they are the main reason I spent
any time in downtown Edmonds during the pandemic. While downtown eating outside I was able to
shop in some of the stores and was happy to support our local businesses. I would love to have areas
closed to cars to create that type of atmosphere every summer. But I also understand that the small
shops need people to come down and shop easily. I support some compromise streetaries plan moving
forward and I think it'd be sad to do away with them completely but I mostly want to see the council and
the citizens angry about everything take a deep breath and remember that we can talk about solving
problems without it turning into a fight every time. I love the streetaries but I also love our local
businesses. I also see why some people don't like the streetaries but the prevalent approach to be
against them is to lie, scream, and not solve the problems. No one fighting against the streetaries plan
has put forth any ideas that I have seen other than "take it all down!" which isn't a great way to get
others on board. We can have a vibrant downtown eating scene and thriving businesses if we can focus
on the problems we need to solve and work together more often.
Thank you,
Megan Wolfe
From: Stephanie Anderson
Date: Mon, Dec 6, 2021 at 1:09 PM
Subject: StrEATeries
Edmonds City Council Approved Minutes
December 7, 2021
Page 53
To: <publiccoment@edmondswa.gov>
I am writing in support of keeping the streateries going. It ads charm and brings people together
downtown. I personally am not eating inside restaurants, and only eating where there is outdoor
seating. I frequent the restaurants often in downtown Edmonds, and hope to continue eating outdoors
with friends & clients!
Best, Stephanie Anderson
From: Pam Brisse
Sent: Monday, December 6, 2021 12:28 PM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: On the topic of our "streateries"
Hello City Council,
I'd like to share my view on the downtown StrEATeries with you in addition to completing the survey
and several public comments online. I'm concerned that Edmonds has successfully created the
reputation as a fun and cute place to eat and drink during the pandemic - not that that's a problem -
kudos to all who made that happen! The problem is that King County now has a vaccine passport
program and so the unvaccinated are looking outside of their county for dining and recreation locations.
This makes indoor dining in our area even less safe than it already was. If the streateries are dismantled,
there will be very few safe(r) outdoor dining options for those of us who either have heath concerns or
are just cognizant that the pandemic is far from over.
There are currently over 100,000 new cases a day here in the United States. Our school district hovers at
about 40 reported cases a week. Snohomish County is averaging about 250 cases per 100,000 resident
per week right now. While our case counts are trending down, King County is trending up with a 46%
increase last week. Children are still working on getting vaccinated and adults are trying to find boosters.
There is a new variant of concern. It is also cold and flu season. I will not be eating indoors in a
restaurant any time soon as the pandemic is not over.
I understand there is concern about parking and equity - perhaps it is time to ask restaurants to pay a
fee for these parking spots now that the program is successful and they are no longer at risk of having to
board up their doors and windows and lay off all their employees? Perhaps more handicapped parking
spots need to be designated for those who say they can not walk a block or two anymore?
I'd also like to make a suggestion that could solve both parking issues and make Edmonds into a
permanent outdoor dining destination: I suggest redesigning a couple of our streets into one -ways with
angle -in parking spaces and room for attractive permanent structures for seating, with attractive
plantings and trees - restaurants who wanted to could petition to rent and design these spaces and the
city could recoup costs of the project this way. It could solve everyone's concerns and complaints, and
Edmonds City Council Approved Minutes
December 7, 2021
Page 54
keep Edmonds a destination town instead of a drive -through ferry port town the way it has creatively
become during this crisis. I know I would enjoy permanent attractive and comfortable outdoor dining
spaces.
At any rate, I hope these streateries stay at least through the winter, if not until the end of the pandemic
(and I hope we can find a way to grow more permanent ones in the future). We have guests coming at
the beginning of the year who are looking forward to "those cute outdoor restaurants" - they have
grown on me too, now that they are lit up and full of people during peak dining hours.
Thank you,
Pam Brisse
Edmonds Resident
From: Kclarke5
Sent: Monday, December 6, 2021 12:31 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council
<Council@edmondswa.gov>
Subject: Vote no on Streeteries
Dear City Council,
I strongly opposed restaurants and bars using public parking spaces for outdoor dining. Many of these
establishments are pushing to have these remain permanently and making Walkable Main Street
permanent. By continuing to allow as is, takes away valuable parking downtown from the retail
businesses who, like the restaurants, are also struggling to get back on their feet. How are the retail
businesses suppose to survive if they continue to take away the customer parking? There are many of us
like myself, who still like to "shop local" and patronize the retail businesses. But cannot, because of the
limited parking and these unsightly structures in their place. Restaurants can operate at full capacity now.
The isno longer reason to allow these structures and tents to continue.
The wooden structures and tents known as "streateries" for outdoor dining have taken away the appeal
and charm of our city. Visitors who have come to visit have commented on how you can no longer see
the beauty and uniqueness downtown Edmonds has to offer. With no on street parking many of our older
visitors will no longer shop downtown. You either had to navigate around the wooden structures or the
parking spot was marked as "curbside pickup only." Here are just a few examples:
• Salt and Iron, has taken advantage by not only erecting a shelter on the street but have
added plexiglass- dividers between their sidewalk dining table. The ability to walk through that
area makes it difficult to pass both way, even for those who are physically able. How can they
continue to have both a shelter and sidewalk dining encroaching on the sidewalk?
• Daphne's has taken over parking spaces for a shelter and Curbside p/u only, they never had
indoor dining in the first place.
• Engel's Tavern keeps adding more space in front of the Red Twig to their outdoor dining.
Edmonds City Council Approved Minutes
December 7, 2021
Page 55
• Barkara, even though they already have indoor and outdoor dining, have taken over the two
parking spaces in front of their establishment, as well. (Thankfully, they have taken down their
unsightly tent)
• Rusty Pelican has erected unsightly tents in the alleyway.
• Other establishments have erected these tents in the alleyways, as well.
These are just a few examples of those who have taken the liberty to use basically use "free" taxpayer
space, for a mere 120.00 a year. How can this continue when other businesses no longer have the
parking for their customers? And what about the taxpayers who pay for these roads and parking spaces?
Who is accountable to the taxpayer? This will only escalate if these structures and tents are allow to
remain indefinitely. As one local citizen put it, it does look like a "shanty town". No longer can you see
down to the waterfront and the holiday decorations that adorn the storefronts and line the streets.
Recently, the Seattle Times wrote a glowing article about our downtown. Interestingly enough, they use
an "old" photo of the downtown before the outdoor dining. Not what it looks like today. I applaud Kristiana
Johnson with her Edmonds Focus campaign paper who actually showed a picture of what the city looks
like with these "streateries" looking west on Main from 6th Avenue. It does look like a "Shanty Town" and
is appalling.
Our family has lived here for more than 66 years. We have always loved being able share our city with
visitors and attend the various events, Art Fair, Fourth of July Parade, Tree Lighting, etc. Edmonds does
have it's own unique charm and is a beautiful place to visit and live. Allowing these unsightly structures to
remain permanent or even into next year takes away from the beauty it has to offer. I would hate to see
the various retail businesses close up shop because the mayor and city council cannot see the harm this
is doing to our city by allowing the structures to stay into the next year. I encourage the City Council and
the Mayor to vote no. Return the charm to Downtown Edmonds now. Do not extent this eyesore into
the new year.
Respectfully submitted by,
Cheryl Clarke
Edmonds, WA 98020
From: Sara Pearson
Sent: Monday, December 6, 2021 12:00 PM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Support of Streateries
I support extending the permits for the downtown Edmonds Streateries. It's critical to continue
to provide safer outdoor eating environments during this Pandemic. I would like to continue to
support my local Edmonds restaurants but am not always comfortable eating inside and the
Streateries provide a welcoming atmosphere.
Edmonds City Council Approved Minutes
December 7, 2021
Page 56
Thank you -
Sara Pearson, Edmonds Resident
From: Cynthia Sjoblom
Sent: Monday, December 6, 2021 10:03 AM
To: Council <Council@edmondswa.gov>
Cc: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: To Edmonds City Council: Sat. Night streateries.
I was planning to do this myself but I thank Janelle for providing this data for us. It's time to make
"sound" decisions! Respectfully, an edmonds resident.
Cynthia Sjoblom
Watch "Saturday Night Edmonds Streatery Usage" on YouTube
https://youtu.be/esbdQC5tTal
From: Michael Murdock
Sent: Monday, December 6, 2021 7:17 AM
To: Council <Council@edmondswa.gov>
Cc: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
Good Morning,
I walked downtown Tuesday night two weeks ago. I encourage all of you to go look and examine them
carefully.
They were mostly empty during 4-6PM on a nice night. Look at the barriers to traffic on some of them.
They won't stop anything. From purely a public safety standpoint they are not going to stop possibly
severe injury and city liability. I have stated this before.
Appears there are no standards for safety and inspection during all this time.
Please do the right thing and have them removed now before someone gets hurt.
Thanks,
Mike Murdock
From: Amanda Bradshaw
Sent: Thursday, December 2, 20219:23 AM
Edmonds City Council Approved Minutes
December 7, 2021
Page 57
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
First, I'd like to thank our councilmembers for your consideration. I wanted to reach out regarding the
streateries in Edmonds and the survey that was recently composed to inquire regarding the public's
feelings regarding these structures. First, the survey missed the opportunity to ask whether these
Streateries deter people from visiting Edmonds, and whether they detract from the atmosphere of our
downtown. From personal experience, our family who had previously visited downtown Edmonds
whenever possible to give our business to our local vendors, has made the decision to refrain from
visiting Edmonds recently on many occasions due to the concern for parking. There is also a concern
regarding the safety of having dining so close to moving traffic. These are not complete structures, and
there is very little barrier between traffic and diners. In addition, in a time where we have been focusing
on equity, it is inequitable to favor main street dining over our downtown shops, by limiting the ability
of their shop patrons to easily access their storefront. The combination of Streateries, parking slots
reserved for curbside pick up and the increased presence of paid parking lots have significantly limited
access to the downtown core. Walkable weekends further limit access. We want all of our downtown
businesses to thrive, not just a select few restaurants. Please consider removing these structures, and
restoring the charm and access to Edmonds.
Sincerest Thanks!
Amanda
From: Pete Spiess
Sent: Thursday, November 25, 2021 10:13 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Public Comment
I want to express my support to keep the streets open to businesses to expand their
opportunities by keeping the streetery going, people over car parking. Peter Spiess, Edmonds,
Wa, 98026
From: Michael Murdock
Sent: Wednesday, November 24, 2021 8:16 AM
To: Council <Council@edmondswa.gov>
Cc: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
Good Morning,
Edmonds City Council Approved Minutes
December 7, 2021
Page 58
My wife and I don't believe in or use Facebook. I suspect others in Edmonds don't use it as well.
Other residents may be being missed with information both young and seasoned.
I was downtown at 4-6 PM and the streateries were empty. Those eating in establishments that
were open were inside eating. They no longer serve any purpose and should be removed.
It is a shame that all that parking is not available now for the Christmas shopping season for all
merchants. Why are they still there?
Regards,
Mike Murdock
Edmonds City Council Approved Minutes
December 7, 2021
Page 59