Loading...
cmd121421EDMONDS CITY COUNCIL SPECIAL VIRTUAL ONLINE MEETING APPROVED MINUTES December 14, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Diane Buckshnis, Councilmember Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Will Chen, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Dave Turley, Administrative Services Director Angie Feser, Parks, Rec., Cultural Arts & Human Services Director Rob English, Acting Public Works Director Shannon Burley, Deputy Parks, Rec., Cultural Arts & Human Services Director Bertrand Hauss, Transportation Engineer Frances Chapin, Arts & Culture Program Mgr. Jeff Taraday, City Attorney Sharon Cates, City Attorney's Office Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council special virtual online meeting was called to order at 7:41 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Fraley-Monillas read the City Council Land Acknowledgement Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present, participating remotely. 4. PRESENTATIONS 1. RESOLUTION THANKING ADRIENNE FRALEY-MONILLAS FOR HER SERVICE ON THE CITY COUNCIL Council President Paine read Resolution 1482 thanking Councilmember Fraley-Monillas for her service to the Edmonds City Council January 5, 2010 to December 31, 2021. Edmonds City Council Approved Minutes December 14, 2021 Page 1 COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE RESOLUTION 1482, THANKING COUNCILMEMBER FRALEY-MONILLAS FOR HER SERVICE TO THE EDMONDS CITY COUNCIL. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF THE AGENDA COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO MOVE ITEM 8.7 TO THE FIRST AVAILABLE AGENDA IN JANUARY. Councilmember Buckshnis asked if items can be removed from the agenda of a special meeting. City Attorney Jeff Taraday commented the Council is about to have a closed session regarding labor issues. If a Councilmember would like to pull one of the labor related items from the Consent Agenda to take other action, he requested that be deferred until after the closed session so the Council can be fully informed about the potential ramifications of that action. Councilmember Buckshnis clarified Councilmember Olson's motion was to move Item 8.7 to a January meeting. Mr. Taraday said he understood that. Councilmember Olson asked if what Mr. Taraday stated was relevant to her motion. Councilmember Buckshnis' question was whether items could be removed from a special meeting agenda which was the intent of her motion. She was aware that agenda items could not be added, but believed items could be removed. Mayor Nelson relayed Mr. Taraday's advice was to make that determination following the executive session regarding the labor related items. Councilmember Buckshnis raised a point of order, Councilmember Olson's motion was to remove Item 8.7, not 7.7. Mayor Nelson pointed out Item 8.7 on the published agenda is MOU EPOA Non - Commissioned Referral Payments. Councilmember Olson asked what agenda item Ranked Choice Voting was. Mayor Nelson advised it was Item 9.7. Councilmember Olson said her motion to move that to January was because it was moved from the floor and was not on the agenda or the extended agenda, some citizens wanted more time to research and prepare comment. Mayor Nelson suggested in the future Councilmembers state the name of the agenda item and not the number. UPON ROLL CALL, MOTION CARRIED (6-0-1), COUNCILMEMBERS K. JOHNSON, CHEN, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO MOVE THE ORDINANCE EXTENDING EDMONDS STREATERIES AHEAD OF HIGHWAY 99 GATEWAY SIGNS, FROM ITEM 9.4 TO 9.3. Councilmember K. Johnson said there is a lot of interest in the streateries and that item is scheduled for an hour. The Gateway Signs are less timely so she wanted to ensure the Council was able to complete the streateries discussion tonight. Edmonds City Council Approved Minutes December 14, 2021 Page 2 Councilmember Olson pointed out there may be consultants present for the Gateway Sign agenda item. She asked how Councilmember K. Johnson felt about that and suggested Councilmembers consider that when they vote. Councilmember Buckshnis asked if there were consultants waiting to discuss Highway 99 Gateway Signs and, if so, it should be moved up. Acting Public Works Director Rob English advised a consultant team will present that item. Councilmember Fraley-Monillas said she had not heard a reason to switch those items, one item was scheduled for 45 minutes and the other for 1 hour. She was concerned with reversing the order of those items when consultants were present. She encouraged Councilmembers to vote against the amendment to avoid paying consultants while they waited. AMENDMENT FAILED (1-6), COUNCILMEMBER K. JOHNSON VOTING YES. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Cynthia Sjoblom, Edmonds, said differences aside, she thanked Councilmember Fraley-Monillas for her service to Edmonds residents. She gave a heartfelt apology to citizens who participated in last week's Council meeting. Her actions were out of line and she let her fellow citizens and herself down and disrespected the office of Council. She asked that everyone accept her sincerest apology. For any citizens who was owed an apology by Council earlier this year such as, Carolyn Strong and Susan Hughes, she apologized to them on behalf on the City Council. She knew going forward into the new year would be a better year. Next, she urged the Council to sunset the streateries, advising she was downtown Saturday event and there were only three groups of two in all the streateries she photographed. Additionally, Ken Reidy, an Edmonds government watchdog, has identified a violation of streateries that obstruct sidewalk rights -of -way. An advocate for the streateries, Hubert Ho, owns at least 5-6 Edmonds restaurants and the proposed $500 to $750/month posted in My Edmonds News would not be a fair exchange to the taxpayers. She suggested the restaurants with streateries open their books to City staff to show whether there are currently experiencing a hardship. The bottom line is there is no longer a state of emergency and she hoped Council would consider the greater good of all City residents. She also opposed ranked choice voting and has spoken with many citizens who feel the same and she hoped the Council would vote against it. Kathy Brewer, Edmonds, addressing the Mayor, Councilmember and owners of streateries, said it is the holidays, a time of gratitude and goodwill, a time to be thankful and give back. Some downtown restaurant owners were given a generous gift by the City l t/2 years ago with the right to temporarily take over public property to extend their dining space outside and help them financially through the worst of COVID. After 6 months, the restaurants were granted a one year extension. The downtown area lost parking and sidewalks shrunk, forcing pedestrian to walk through narrow passageways through restaurants and bars. Structures create a hazard for drivers and are a blight on the charming downtown. It is cold and rainy and the streateries sit empty most of the time, taking up valuable space, blocking storefronts and mountain, sound and ferry views which everyone loves. Most people have been vaccinated and choose to dine inside; others who still want to eat outdoors have many restaurant options downtown and elsewhere in Edmonds that offer outdoor dining on their own property including many restaurant with streateries that already had existing outdoor dining. Finally the year is up and streateries are scheduled to sunset on December 31st. Restaurants have recovered and are prospering after receiving hundreds of thousands of dollars in PPP and City, County and State grants. Edmonds City Council Approved Minutes December 14, 2021 Page 3 Ms. Brewer continued, with all this help, including the free public property they have been provided by the City, some owners have opened new restaurants in Edmonds and Seattle. Good for them, but she questioned whether they needed to continue occupying the downtown streets and sidewalks. The restaurant owners and their supporters are asking for yet another extension which Council will vote on this evening. She said enough is enough; residents and other business owners have shown compassion and support for the restaurants but many are losing patience. The need no longer exists and they want their downtown back. Those who want the streateries to remain should keep in mind that these structures cannot continue occupying public property because it is not fair. The property belongs to all the residents and they have the right to fully use it. The streateries are a benefit for a few at a cost to all. She requested the Council and restaurant owners do what is right and allow the streateries to sunset. This holiday season be thankful, show gratitude and goodwill, give back and give the best gift many residents would like this year, our charming Edmonds back. Natalie Seitz, Edmonds, commented on the selection of projects resulting from the 2016 PROS Plan as well as the CFP and CIP for Parks and Public Works and Utilities. The State of Washington is making a more than $8 million investment in SR 99 in 2022. She thanked City staff for working on grant funding for the State to invest in the roadway that divides her community. The Public Works and Utility Plan includes 22 investments of City funds for City Park, Wade James Theater, Yost Pool, Meadowdale Clubhouse, Edmonds Library, Historical Museum, Log Cabin, Frances Anderson Center, a fishing pier and Boys & Girls Club in addition to the investment of City funds identified in the Parks Plan which includes nearly $6 million of City funds for Civic Center in addition to funds for Yost Pool and downtown beautification in 2022. She thanked the State for their investment in Highway 99. With regard to the selection of projects reflected in the City Parks CFP/CIP she reminded that the basis for these investments in the 2016 PROS Plan was deeply flawed and prejudice. It did not use the definition for regional community and neighborhood park that were adopted in City code, instead creating specialized funding definitions that required regional parks have a scenic view of the sound and shoreline, functionally guaranteeing that investments were excluded from the SR 99 area and other communities, providing grossly disproportionate opportunities for certain communities to influence outcomes. Six of the seven community intercept events were held downtown, the seventh event was at Yost and sited all of the five year capital investments in areas already identified by the level of service analysis as well resources. These investment decisions are incredibly biased. She urged the Council to make changes to the 2022 CFP/CIP to equitably invest City resources in all areas of the City and not commit to any more agreements that would require further park investment in the downtown areas while so many neighborhoods go without even basic park resources. She thanked the Council, especially Councilmember Fraley-Monillas, for their service. Ken Reidy, Edmonds, said the original plat of Edmonds was filed at Snohomish County in July 1890. The plat document states that George & Etta Brackett hereby dedicate to the use of the public forever all the streets and alleys platted thereon. Use of the public forever is pretty easy to understand; streatery permits are issued to private businesses for private use. Prior to the adoption of interim zoning Ordinance 4209 for streateries, the City Code was consistent with the clear intent of the Bracketts. The City Code stated no portion of the public right-of-way designed and intended for vehicular traffic or parking shall be permanently occupied. Ordinance 4209 then created an exception for streateries; suddenly making streateries the only private improvement that could permanently occupy a portion of the public right-of- way for months and months. No public hearing was held until last week. He did not think the exception to allow streateries to permanently occupy streets was consistent with the clear intent of the Bracketts. Streets and alleys are dedicated to the use of the public forever. Streets that the City has improved and opened for public use are designed and intended for vehicular traffic or parking. Why would anyone think Edmonds City Council Approved Minutes December 14, 2021 Page 4 that exclusive use of parking stalls by private parties was consistent with a dedication of use to the public forever? Mr. Reidy continued, Ordinance 4209 states all streatery use shall be entirely within the approved spaces. The words "entirely within" are very clear and words matter. Streatery use was not kept entirely within the approve spaces as required by Ordinance 4209; streateries spilled onto the sidewalks and some are permanently attached to the sidewalks. Street use permits are for uses temporary in nature which means not having or requiring permanent attachment to the ground. The sunsetting of Ordinance 4209 on December 31' will end code violations such as streateries that are not located entirely within approved parking spaces. Sunsetting will also allow for compliance with the clear intent of the Bracketts. Parking stalls within the rights -of -way are supposed to be available for use of the public. He thanked Councilmember Fraley-Monillas for her many years of service and hard work. He understood being on Council is a very challenging role and she has worked hard for many years and he wished her the best in the future. Alex Marek said he works in downtown Edmonds and many of his coworkers have jobs because of the streateries. Guests thank them daily for having the streateries where they feel safe. They especially appreciate having the outdoor structures during the holidays when people are not comfortable gathering in large groups at people's houses. The streateries have helped them make it through the pandemic, have helped him keep his job through the pandemic, a pandemic that is far from over. The overall theme from the opposition is that this issue does not need to be discussed further, that the COVID variants are done, a sentiment he wholeheartedly disagreed with. He and his wife utilize streateries and outdoor dining whenever they go out and they visit downtown Edmonds at least once a week. When their friends visit from Ballard and Seattle, they also want to sit outside. He urged the Council to allow the streateries to continue. Jen Lawson, Edmonds, said many downtown Edmonds merchants, restaurants, and streatery participants have come together to provide a joint statement of support for the extension of the streateries program based on the following considerations: the two industries have always co -existed in a mutually beneficial way, bringing a vibrant sense of community and economic vitality to the area. Unprecedented times like these require innovative action to ensure local retailers and restaurants continue to thrive in a fair and equitable environment. Recognizing the need for neighboring restaurants to survive during the pandemic, a majority of DEMA members supported the installation of the streateries, an important lifeline in maintaining the downtown corridor. Retailers also struggled during the pandemic and unlike restaurants, were given no special accommodations to improve sales. Some were hit harder than others, sandwiched between streateries or losing sales due to fewer parking spaces. Instead of restaurants and shops closing, they have survived what hopefully has been the toughest part of the pandemic. DEMA recognizes that a downtown corridor thrives when both restaurants and retailers exist in harmony and cooperation. The local restaurant streatery participants acknowledge that the City got creative and provided the industry with a means to serve customers outside during reduced capacity. Ms. Lawson continued, the streateries provided and continue to provide the necessary opportunities for guests to dine in a safe, open air atmosphere as well as allowing the local restaurant industry to continue to keep hundreds of staff employed. Local restaurants thanked DEMA for their early support and continued partnership. The two groups propose the following items as consideration for the final extension of the streatery ordinance: restaurants with streateries are more than willing to contribute funds toward a cause that benefits all and propose a range of $500 to $750/month for the usage of two parking stalls. Funds collected from the streatery participants should be allocated directly toward leasing replacement parking spaces at nearby private lots. Additional considerations should include wayfaring signs and a communication plan with paid advertising. Safety is paramount to the success of the program; the original intent of the streateries was to provide a safe dining atmosphere for patrons especially those Edmonds City Council Approved Minutes December 14, 2021 Page 5 unable to be vaccinated. The streateries should be compliant with current City building codes, be up-to- date with the City business license and any fees related to the downtown core. For those who do not wish to take part in the streateries any longer, they proposed a 30-day takedown period to ensure enough time to hire and plan the job. Jim Ogonowski, Edmonds, commented residents are facing another water rate increase in 2022. Last January he pointed out that over the previous two years, the City had retroactively applied the rate increase to water usage that occurred in the previous year. The approved ordinance states when the rate changes are effective, the first of the year. By his calculation, this equates to an additional $150,000/year in revenue which is collected not in accordance with the ordinance. He was also told the Council would take up this issue prior to the end of 2021, yet the Council has not. The City will now collect almost $500,000 from water utility users over the last three years; he questioned who would step up and rectify this as it seemed illegal to him. He referred to the agenda item related to amendments to the 2021 budget, and asked why the amendments were not done prior to approving the 2022 budget as these proposals affect the beginning fund balance. He noted this was another example of why the elimination of the November Finance Committee meeting was so wrong and rushing the 2022 budget so outrageous. He hoped the new Council and new leadership will have better oversight of the City's finances. Marjie Fields, Edmonds, spoke regarding marsh restoration funds as listed in the CFP/CIP materials. She recognized the Council all cared about making the marsh a functioning estuary again and had even seen some Councilmember working in the mud to remove barriers to waterflow. It is a complicated issue with different ideas regarding how accomplish shared goals. The Council has heard different recommendations about where marsh funding should be listed in the CIP/CFP. On the surface it may not sound important but there are implications and probable unintended consequences linked to which City department officially oversees marsh restoration. Returning funding to Parks emphasizes the status of the marsh as a park, a wildlife reserve with a future that provides recreational and educational opportunities for citizens. Listing even a portion of the funding under stormwater suggests a different vision. Other City parks such as Yost have flooding problems without becoming stormwater projects; she questions why was the marsh funding moved and have the resulting impacts on residents water bills been examined. She requested the Council entirely remove marsh funding from Page 73 under stormwater in the CIP/CFP. Lynda Fireman, Edmonds, referred to an application notice she received on Thursday for PLN2021- 0066 for a 24-unit apartment with 24 parking spaces underneath at 605 and 611 Main Street. She is on the second floor and faces southwest with about 98% of her property across the alley from this proposed building. She was shocked it would be allowed to be built covering the entire site right up to the edge of the alley; all other buildings on the lane have a setback. All construction is to be off the alley. The alley is only 15 feet wide and three condo owners have garages facing the alley as does the condo behind them which will be blocked during construction. She questioned how long construction would take. Two vehicles cannot pass in the 15-foot wide alley unless there is a setback a vehicle can move into. She questioned where all the vehicle and other family members would park. Her now light -filled windows are only 10-feet past the alley; she will be looking at a 3-story wall and directly into their windows. She will lose all privacy, light and enjoyment of her home and will probably not be able to see the sky because it is so close. Ms. Fireman said another concerning part of the application is the statement, "structures on the adjacent parcels do not support the intensity of development under the current zoning and Comprehensive Plan and are anticipated to eventually be replaced with higher density development. The proposed project is seen as a guide for future redevelopment allowed and encouraged by the Comprehensive Plan." She noted 615 Main was just purchased and is now owned by 615 Main LLC and anticipated it will be torn down too. She asked about emergency vehicle access during construction and whether moving trucks and repair trucks would block the alley. She has lived in her condo for six years and construction close -by has been Edmonds City Council Approved Minutes December 14, 2021 Page 6 constant, noisy, dirty and stressful. The beautiful, quaint, historic downtown that draws many is disappearing. She requested the Mayor, Councilmembers and other government departments start thinking about the well-being of existing residents. She urged residents to speak up as their home may be affected next. An Architectural Design Board meeting scheduled on January 5, 2022 has been cancelled and there is no notice of another meeting. Shubert Ho thanked Councilmember Fraley-Monillas and Director Patrick Doherty for their years of service to Edmonds, and being valuable resources and dedicated advocates for community progress. He thanked both for making Edmonds a better place, saying they will be missed. He owns Feed Me Hospitality, comprised of a group of restaurants in the area that participate in the streateries program, a program that has affectively provided their company and many others the ability to serve in the safety of an outdoor atmosphere. He wholly supported the extension of the program due to the ongoing COVID-19 pandemic and the restaurant industry still being in recovery. He has reached out to many Councilmembers to voice his opinions, solutions and outlook; some weigh questions of politics, he is weighing questions of purpose and place. Feed Me Hospitality will always have a purpose and place in the community doing what they do regardless of the existence of streateries. They serve the people of Edmonds and visitors with memorable experiences, they utilize their pandemic -born community kitchen to feed the food insecure in the community, and they employ over 300 individuals who depend on the City's innovative thinking to carry them through this turbulent time. Mr. Ho continued, the decision the Council makes tonight will have a profound effect on the lives of many workers who have served the community since long before they were elected. At the end of the day politics comes down to votes; perhaps if Councilmembers think they budge from their anti-streatery position they will lose the support they need. However, if downtown retail owners and restaurant come to the Council with a compromise, the Council should listen. Streatery restaurants and a large number of local area merchants have come together hoping to bridge the gap so that Edmonds can move forward in a safe and communicative way. He urged the Council to carefully consider the compromise they submitted with an open mind. The conversation may be about streateries now, but as of the last meeting, a new audience has emerged, individuals who will be paying close attention to the precedent the Council is setting and how Edmonds emerges from the pandemic. Deborah Arthur, Edmonds, expressed her support for having the streateries removed by the sunset date of December 315t, stating they are dangerous and take up parking, the ones attached to the sidewalk should repair any damage caused by their removal, and they are unneeded and unused. Persons of smaller stature have a difficult time seeing them when driving and some extend beyond the parking space. She did not think the streateries prevent COVID as occupants have their masks off 75% of the time. For those who are vaccinated and have had a booster, the Omicron variant is supposed to the mildest of all and similar to the flu. She did not think the streateries were needed any longer and they were not fair to people unable to come downtown to shop due to the lack of parking. Finis Tupper, Edmonds, said the new Welcome to Edmonds sign on SR-104 is delightful and charming, but is missing a disclaimer such as good luck finding a parking place. Edmonds has always had parking issues and lax enforcement. When the City allowed restaurants to install the streateries, Edmonds residents and visitors lost 25 free spaces. In 1989 the City Council approved a contract to lease property from Rainer Bank for a municipal parking lot on 3' Avenue between Dayton and Main Streets. This parking lot included 25 parking places, some leased to downtown businesses but most provided free parking for shoppers and diners visiting downtown. The property lease was changed to a month -to -month lease in 2019 with Bank of America and signed by then -Mayor Earling. The City Council was never made aware that the property lease was canceled or about negotiations to keep the municipal parking lot. The Mayor and City staff do not have contracting authority. Edmonds City Council Approved Minutes December 14, 2021 Page 7 Mr. Tupper continued, on August 27, 2020, without proper public notice, City staff scheduled a Hearing Examiner meeting for a conditional use permit to establish commercial paid parking lot on the longtime municipal parking lot. The applicant was charged with the responsibility of mailing notice of the hearing to property owners within 300 feet of the proposed site. The applicant sent notice to taxpayers' addresses which they obtained from the Snohomish County Assessor, not the property owner addresses as required by the City. Staff did not post notice at the Public Safety Building, the Library, the US Post Office on Main Street as required by City code. He requested the taxpayers be given back their parking spaces and wished all a Merry Christmas. Joe Scordino, Edmonds, said every year for the past three years he has asked the Council to take marsh restoration out of stormwater in the CFP and every year that has not happened has resulted in more problems with preserving the natural functions of the marsh, let alone trying to restore it. Although he sent multiple letters spelling out all the past and new problems the Stormwater CFP is causing, there seem to be some Councilmembers who don't want to discuss those problems and a simple majority simply rubberstamps it each year. This year he was taking the simple approach; rather than restating all the facts and rationale over and over to no avail, he was making a simple request by asking the Council to delete Page 73 in the Public Works CFP/CIP which resolves all the problems moving forward with restoring and preserving the Edmonds Marsh as well as the natural environment that so many people enjoy. The abundant public record for such a decision is all in past written comments and public meetings. Budget minded Councilmembers and the public should be aware that the ridiculous $17 million estimate in the Stormwater CFP for the marsh is causing an $8.6 million increase in the tax base for utility rates which he found absurd. He urged the Council to listen to informed citizens and simply remove Page 73; the marsh restoration is then covered under the Parks CFP which is where the public wants it and is where it belongs. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. CLOSED SESSION TO DISCUSS COLLECTIVE BARGAINING STRATEGY PER RCW 42.30.140(4)(A) Mayor Nelson asked how long this item was estimated to take. Council President Paine suggested 15 minutes. Mr. Taraday advised if the Council stated it would last 15 minutes, the meeting could not be restarted for 15 minutes so he suggested starting with 10 minutes. At 8:34 p.m. the Council recessed to a closed session to discuss collective bargaining strategy per RCW 42.30.140(4)(a). Elected officials present were Mayor Nelson, and Councilmembers K. Johnson, Fraley- Monillas, Buckshnis, Paine, Olson, L. Johnson, and Chen. Mr. Taraday was also present. At 8:43 p.m., Mayor Nelson advised the closed session would be extended for 10 minutes to 8:53 p.m. At 8:53 p.m., Mayor Nelson advised the closed session would be extended for 5 minutes until 8:58 p.m. The closed session concluded at 8:58 p.m. and the meeting was reconvened. 8. APPROVAL OF THE CONSENT AGENDA COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT. Edmonds City Council Approved Minutes December 14, 2021 Page 8 2. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM STEVEN DO MAR & WILLIAM SHIMEALL 3. SUPPLEMENTAL AGREEMENT FOR DESIGN SERVICES ON THE PHASE 3 STORM UTILITY REPLACEMENT PROJECT 4. SUPPLEMENTAL AGREEMENT WITH BLUELINE GROUP, LLC, FOR THE CITYWIDE BICYCLE IMPROVEMENTS PROJECT 5. CONTRACT WITH HASA INC FOR SODIUM HYPOCHLORITE FOR THE WWTP 6. MOU EPOA COMMISSIONED RETENTION & REFERRAL PAYMENTS 7. MOU EPOA NON-COMMISSIONED REFERRAL PAYMENTS 9.. COUNCIL BUSINESS 2021 DECEMBER BUDGET AMENDMENT Finance Director Dave Turley explained there are four requests tonight; more detailed information is contained in the Council packet. If approved, this budget amendment would increase forecast revenues by $8,773,456 and would increase budgeted expenditures by $2,739,009. Two of these amendments represent required transfers of budget authority from one fund to another, and two are to record the effects of our recent bond sale. There is no new cash outflow as a result of these entries. He reviewed the proposed 2021 December Budget Amendment requests: • Allocates the Council -approved ARPA funds spending to the funds where the expenses were incurred. • Provides authority to transfer $535 to the Municipal Arts Acquisition Fund, in accordance with the State of Washington's 1% for Arts Program. • Records the effects of the advance refunding of the portion of the City's 2012 Bonds on behalf of the Edmonds Public Facilities District. • Records the effects of the bond sale to provide funds for Civic Field ($1,634,447) and for other capital projects ($4.4 million). Mr. Turley explained all four decision packages are to record activity that has already occurred, all four are mandatory entries, and none of them represent new spending. Councilmember Buckshnis advised the Finance Committee reviewed the proposed amendments and recommended approval. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE ORDINANCE NO. 4241, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4236 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME W HEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED UNANIMOUSLY. 2. ADOPTION OF THE 2022-2027 CAPITAL FACILITIES PLAN (CFP) & CAPITAL IMPROVEMENT PROGRAM (CIP) Acting Public Works Director Rob English reviewed: • CIP/CFP schedule o October ■ Planning Board — October 13 Edmonds City Council Approved Minutes December 14, 2021 Page 9 ■ City Council presentation — October 26 ■ Planning Board public hearing — October 27 (recommendation in staff memo) o November ■ City Council public hearing — November 1 ■ Council discussion — November 17 o December ■ 60 Dept of Commerce review ends —December 10 ■ Adopt CFP into the Comprehensive Plan — December 14 COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE ORDINANCE NO. 4242, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE 2022-2027 CAPITAL FACILITIES PLAN AND CAPITAL IMPROVEMENT PROGRAM AS AMENDMENTS TO THE CAPITAL FACILITIES PLAN ELEMENT OF THE EDMONDS COMPREHENSIVE PLAN; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO MOVE $12,950,000 FROM PWD 02 FUND WHICH HAS $17 MILLION DOLLARS IN IT, TO PRK 7; 25% WOULD REMAIN IN THE STORMWATER FUND. Council President Paine explained she offered this as way to maintain a presence in both the Stormwater Fund and add funding for the Edmonds Marsh to the Parks Fund. This maintains the project in the Stormwater Fund when seeking grants. There has been a lot of discussion about allocating Stormwater funds for the Edmonds Marsh, but there are seven streams coming in and Stormwater funds are being used in a large part to fix the Perrinville problem. Councilmember Buckshnis said she was strongly opposed to this and hoped the amendment would not be approved. The $17 million represents a project by Shannon & Wilson for the initial 2013 hydrology project, the ditch along the railroad tracks that WSDOT and City negotiated without Council approval. The $17 million is arbitrary and includes berms and stormwater and has nothing to do with the Edmonds Marsh restoration. Page 72 was created which deals with stormwater and what can happen in the marsh. Her recommendation is to remove it completely because the $17 million is an arbitrary number just like Perrinville is an arbitrary number because no restoration plan has been provided. She did not want to include numbers that were not representative of what has actually transpired or what the Council has approved. Councilmember L. Johnson said she has done a lot of research on this; the EPA and other reputable sites identify a marsh a habitat for wildlife, but every one also lists stormwater functions. To separate the stormwater function of the marsh from the habitat portion does not make sense. The argument that the City may be short changing itself if it is not in one fund over another, that argument can be made the same way, especially with everything that is known about stormwater runoff and how tire particles affect salmon. The City may be losing the ability to obtain funding with a stormwater component. She supported a 25%/75% split although she might have done a 50%/506% split, but it still keeps a portion in stormwater to recognize the stormwater component of the marsh. Councilmember K. Johnson said she did not support the motion. Shannon & Wilson did study for the stormwater project, Daylighting Willow Creek, but due to the narrow land they considered, it is basically an open ditch next to the buried ditch and is not really salmon friendly, there is no natural diffused light and the total cost was $17 million. Saying that there are seven streams that go into the marsh is not true, there are two major streams. Mentioning Perrinville Creek is also irrelevant because the projects are apple and oranges. The $17 million is related to daylighting Willow Creek specifically. She referred to the reasons provided by Joe Scordino, a NOAA scientist, for removing the project. She did not support this Edmonds City Council Approved Minutes December 14, 2021 Page 10 motion but would support a motion removing the $17 million from Stormwater and including a smaller amount in Parks & Recreation for the entire marsh restoration, not just the stormwater component of the restoration. Including those larger expenses, increases the cost to ratepayers which is a disservice. For all those reasons, she did not support this 75/25 motion. Councilmember Chen relayed his appreciation for Mr. Scordino and Councilmember Buckshnis taking him on a tour of the marsh and educating him. He agreed with the experts that this is a Parks project. He was concerned if all the funding was removed, was there a possibility that stormwater grants would be missed. Councilmember Buckshnis recognized this is very confusing for those who have not followed the project for the last 11 years like she and Mr. Scordino have. She referred to Page 72, Edmonds Marsh Water Quality Improvement, which deals strictly with stormwater which means rates are predicated on that dollar amount. That project has the $450,000 grant from NOAA that was pulled last year, and $750,000 in ARPA funds. Page 72 deals with water quality and stormwater issues. For those that believe regressive taxing is not important, she pulled the 2019 rate utility report, noting for many years there was nothing in stormwater for Willow Creek Daylighting and suddenly $16 million showed up. In 2019 $8.6 million in Stormwater was factored into utility rates. There is no preferred contractor for the nearshore marsh estuary restoration and therefore Page 73 should be removed because Page 72 takes care of the stormwater component. She did not want the $17 million included in next year's rate study. Council President Paine asked about the impact to rates. Mr. English responded $8.3 million was the total project cost in the rate study but it also anticipated $6.9 million in grant revenue, so the difference was the project cost in the rate study. Council President Paine recalled when she asked for those numbers earlier this summer, the impact on rates was far less than $8 million. She recalled the approximate ratepayer impact was less than $1 million. Mr. English said he did not have those numbers tonight. Councilmember Olson said it is clear grant money can be sought for the stormwater functions regardless of whether the funding is in Parks. She found the motion and idea reasonable but she will support transferring the entire amount to Parks for a more holistic approach. Councilmember L. Johnson said according to NOAA, saltwater marshes are coastal wetlands that are flooded and drained by saltwater brought in by the tides. Their intertidal habitats are essential for healthy fisheries, coastline communities. They provide essential food, refuge or nursery habitat for more than 75% of fisheries species. NOAA goes on to say they reduce flooding by slowing and absorbing rainwater and protect water quality by filtering runoff and by metabolizing excess nutrients. They have a stormwater component so it is appropriate that part of the funding is placed in Stormwater. Councilmember Fraley-Monillas asked Parks, Recreation, Cultural Arts & Human Services Director Angie Feser's opinion. Ms. Feser answered the Parks Department has very limited staff resources to take on a $17 million project or portion thereof and she would turn to Public Works to help with that work. The Unocal property is a big piece of this and the future of that property including ownership and eventual use will factor into this considerably. Until property ownership is established, she not unsure how much of a planning or design process for marsh restoration should occur, therefore, seeking grants for the greater marsh property will be challenging, especially if the City does not have ownership of the Unocal property. She summarized it can be listed in Public Works or Parks but short term projects are unlikely to be fast moving. One of the reason she brings forward Marina Beach is because it is a piece of the marsh system that the City can work on now. In January she will present the grant agreements for Council consideration to allow a component of the marsh to move forward. Edmonds City Council Approved Minutes December 14, 2021 Page 11 Councilmember Fraley-Monillas asked if Ms. Feser believed it was not in the best interest of the marsh and the daylighting of Willow Creek to do 75%/25%. Ms. Feser said in her professional opinion, she would support dividing the project between departments because it is a citywide project. Projects have to be listed in the CIP/CFP to be eligible for RCO grants and she assume it was similar for stormwater grants. This is a very large project, and it is unknown whether the amount is $17 million, but Marina Beach Park, a small component is about $5 million, and there are potential acquisition costs for the Unocal followed by the true restoration work on all that land. Many grant funding sources will be necessary to move this project forward. The 2022 PROS Plan will be coming forward in January and February with the Parks CIP/CFP based on community priorities. It will be interesting to see another project in the Bowl through the lens of the PROS Plan. More answers will be available in January/February when the PROS Plan and capital plan associated with that is presented. Mr. English said a split was not necessarily a bad approach. The big challenge will be the need for matching funds in the future regardless of the cost of the project and Stormwater is a potential source. It is difficult at this time to say what the number will be in the future. The approach that has been suggested, apportioning to Stormwater and Parks, is reasonable. COUNCILMEMBER BUCKSHNIS CALLED THE QUESTION. VOTE TO CALL THE QUESTION CARRIED UNANIMOUSLY. UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBERS FRALEY-MONILLAS AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBERS K. JOHNSON, CHEN, BUCKSHNIS AND OLSON VOTING NO. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO REMOVE PAGE 73 WHICH REPRESENTS $17.2 MILLION LODGED IN STORMWATER. Councilmember Buckshnis said the Council has never confirmed a contractor to do the entire marsh restoration. The number is arbitrary based on something that was contrived during the Waterfront Connector project. There is a separate Stormwater component on page 72 that will deal with the stormwater which has up to $1.5 million in grants. Parks Construction has a Parks Marsh Construction project with an amount to be determined. The cost and timing is unknown so this motion cleans up the document. Mayor Nelson asked where the $17.2 million go. Councilmember Buckshnis answered the CFP/CIP is only a planning document and does not affect the 2022 budget. Councilmember Fraley-Monillas asked where the $17 million goes. Mayor Nelson said it is just being removed from Stormwater in the planning document. Councilmember Fraley-Monillas asked if would be used for Stormwater eventually. Mayor Nelson answered he did not believe so. Council President Paine asked Ms. Feser if she anticipated seeking grants at the end of 2022 for 2023. Ms. Feser answered Marina Beach has grants lined up pending a decision by Council. She asked if the question was whether staff would seek additional grants related to the marsh property. Council President Paine asked if she foresaw in the grant cycles of the granting agencies that there may need to be funds in that pocket. Ms. Feser answered applying for grants requires at least 30% design which generates a cost estimate, unless it was land acquisition because there is some idea of the value based on appraisals and market value. A lot more work needs to be done in order to submit a grant application related to the marsh east of track. She could not apply for grants without more design work or appraisals for acquisition and did not see that happening in 2022. Edmonds City Council Approved Minutes December 14, 2021 Page 12 Councilmember Chen relayed his understanding that removing the $17 million would not impact 2022 Stormwater or Parks, but he did not want the Council to lose sight of long term planning. If the funds are removed from Stormwater, he hoped the Council would return to Park planning in 2022. Councilmember Buckshnis assured the discussion would come back to the Council. The last recommendation from WRIA 8, when no funds were allocated for the design, was to figure out the property issues. If the City is fortunate enough to get that property or if it is transferred, that changes the entire makeup of how the property can be restored and developed. The City needs to wait until the land ownership is figured out before moving forward on the design. She agreed with Ms. Feser that there are too many balls in air to do any specific planning. Taking the project out of Stormwater will remove it from consideration during a rate study. UPON ROLL CALL, AMENDMENT CARRIED (6-1), COUNCILMEMBERS K. JOHNSON, CHEN, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBER FRALEY-MONILLAS VOTING NO. Councilmember Buckshnis recalled there was a decision package for a rate study next year. She had some other issues, but due to the late hour, she was ready to pass the CFP/CIP and wait until next year. She asked if the consultant rate study was retroactive. Mr. English answered no. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND TO ADD A $250,000 A DESIGN COMPONENT TO THE 4TH AVENUE CULTURAL CORRIDOR IN THE 2022 BUDGET. Councilmember K. Johnson said it was initially included in the CFP/CIP in the amount of $200,000 or $250,000 but was not included in this version. She said this came from the Creative District's recommendation. Council President Paine commented this is the CFP, the CIP was adopted with the budget. She did not see anything regarding the Cultural Corridor and she was surprised to hear it being added as a last minute addition. She asked if it was appropriate to add it at the last minute if it was not included in the CIP. Ms. Feser answered technically the 4t' Cultural Corridor is listed in the Parks CIP as PRK 3 and identifies approximately $8 million for a project from design through construction but does not start work until 2025. There is $1 million each allocated in years 2025 and 2026 and the remaining $6 million in 2027. It is in the Parks CIP; the motion was to add $250,000 in 2022 to begin the design work sooner. Councilmember K. Johnson relayed she has been following this project for some time and recalled there a 5-year plan was needed to carry out the capital project for the Creative District and the 4t' Avenue Cultural Corridor was identified as that capital project. Initially the intent was to complete that in the last 4 years in order to be timely. If the project does not start until 2025, it will not be timely so some incremental progress needs to be made. When the Council considered this project this summer, the Council agreed to the project amount and gave conditional approval for the allocation of funds. She summarized there is a difference between what the Council did then and what it is doing now. Councilmember Buckshnis raised a point of clarification, advising the amount was $150,000. Councilmember L. Johnson referred to the legislative agenda regarding Highway 99 community renewal which states the Highway 99 corridor and its surrounding neighborhoods have historically been underserved with lower levels of parks and public spaces, community gathering facilities and safe multimodal transportation improvements. She came on the Council and into a city that for decades has focused on the Bowl, inheriting numerous projects that have been in the works for years. She appreciated the work people have done, but just because something has been in the works for years does not mean an Edmonds City Council Approved Minutes December 14, 2021 Page 13 inequitable distribution should continue. The 4t' Avenue Cultural Corridor is an exciting project and maybe another way to go about it can be found. She could not support once again putting money into another project in the Bowl due to the need for truly equitable distribution. She did not support the amendment. COUNCILMEMBER K. JOHNSON CORRECTED THE AMOUNT IN THE AMENDMENT TO $150,000. Councilmember Fraley-Monillas encouraged Councilmembers not to support the amendment. There are no sidewalks and inadequate lighting in the area around Highway 99 and the east side of Edmonds needs to be raised to the same standards as the Bowl instead of continuing to pump money into the Bowl especially for arts corridor. Although she understood the importance of the arts corridor, the areas around Highway 99 need lighting and sidewalks for people to safely reach parks and schools. She recalled Councilmembers ran campaigns based on supporting Highway 99 and the surrounding neighborhoods; voting no is an opportunity to do that. Council President Paine did not support the amendment for the reasons stated by Councilmembers L. Johnson and Fraley-Monillas. Putting the project into the CFP also seems like a weird way to ask for a budget amendment when the 2022 budget has already been adopted. She agreed it was grossly unfair to have funds dedicated to projects in the Bowl and not on Highway 99 which offers another view of a cultural corridor. Councilmember Chen did not support the amendment. He loved the idea of art and agreed Highway 99 has tremendous opportunity. During his campaign, one of his moonshots was a multi -cultural performing art center on Highway 99. He invited artists who are thinking about the 4t' Ave Corridor to brainstorm about Highway 99 and bring it from the Bowl to Highway 99 to benefit the Edmonds community but also the greater region. Councilmember K. Johnson said this is related to the Creative District which is located in downtown Edmonds. The Creative District is performing arts at the ECA and creative businesses such as restaurants, art galleries and individual artists. Edmonds was the first Creative District in Washington; each district must have a plan and a capital project. Edmonds' designation as a Creative District includes an obligation to have a capital project within the 5-6 year planning period. She wanted to allocate a small amount to continue making progress on this project on which funds have already been invested. There is support from the community and 100% support from Council. This takes nothing away from Highway 99 where $100 million could be spent. This is only $150,000 to continue to make progress. Councilmember Buckshnis did not think projects needed to be mutually exclusive and the City could do both. If the Council decides next year they don't want the Creative District designation, it can lapse. She looked forward to planning events on Highway 99. Councilmember Olson agreed with Councilmember Buckshnis about not necessarily being mutually exclusive but there are budget limitations. She agreed with what others have said about the priority not being another Bowl project because there have been so many. She reminded Council that her moonshot idea was an art walk that flanks Esperance Park and connects to Highway 99. Parking solutions are desperately needed in the downtown area, possibly that could satisfy the need for a capital project for the Creative District. Councilmember L. Johnson said using the arts as justification is still upholding an inequity. Even with the arts, if they are not equitably distributed, it is an inequity. That is what this would be and that is what has been done for so long and it needs to stop. The idea that the City can do both, one had been done for so long, it was time to start on the other one before any more money is allocated for the Bowl. Edmonds City Council Approved Minutes December 14, 2021 Page 14 Councilmember Fraley-Monillas said some say $150,000 is insignificant, but it would pay for sidewalks for people to reach the only park in east Edmonds. Every day she watches people walking down the middle of the street to reach the only park on the east side of Edmonds. The arts are important to Edmonds, but until there is fair and responsible equity, we are just our spinning wheels. Those who say they support Highway 99 but vote for this are disingenuous. She encouraged Councilmembers to vote no and if anything is done, the funds should be allocated toward the only park in east Edmonds. COUNCILMEMBER BUCKSHNIS MOVED TO AMEND TO MOVE $150,000 OUT TO 2023 AS A PLACEHOLDER. MOTION DIED FOR LACK OF A SECOND. UPON ROLL CALL, AMENDMENT FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING YES; COUNCILMEMBERS CHEN, FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 3. HIGHWAY 99 GATEWAY SIGNS Transportation Engineer Bertrand Hauss advised this is a brief presentation on the Highway 99 Gateway Signs proposed on the north and south ends of the corridor as part of a much larger project, the Highway 99 Revitalization project. The project team includes Jim Howard and Rachel Dotson, HBB, Clayton Moss, Francis Chapin, Rob English and himself. At the September 28, 2021 presentation to Council, different sign options for both locations were discussed. Over the last 2'h months, the project team has developed 4 design alternatives for both locations and the alternatives have been presented at several Highway 99 Task Force meeting as well as a public workshop in mid -November and an online survey requesting the public identify their preferred design alternative. The intent of tonight's presentation is to discuss what was learned from the meetings and public outreach and at the conclusion, get a recommendation from Council on the preferred alternative for both locations so the signs can be incorporated into Highway 99 revitalization contract. Rachel Dotson, HBB, reviewed: • Process o Project timeline ■ Background & Site analysis - May - early April 2021 - Task Force Meeting #1 - WSDOT Art Plan Review ■ Gateway Visioning - Summer 2021 - Task Force Meeting #2 - Task Force Meeting #3 - City Council Meeting #1 & 2 - WSDOT Art Plan Review ■ Concept Alternatives - Autumn 2021 - Task Force Meeting #4 - Community Workshop #2 - Task Force Meeting #5 - City Council Meeting #3 - WSDOT Art Plan Review ■ Construction Documentation - Spring 2022 - 90% Construction Documents - WSDOT Art Plan Approval Edmonds City Council Approved Minutes December 14, 2021 Page 15 - 95% Construction Documents - 100% Construction Documents ■ Construction - 2022 Project Goals o Overall Goals ■ Recognize this stretch of Highway 99 as a part of Edmonds. ■ Welcome visitors to the Highway 99 corridor but also to the whole of Edmonds. ■ Identify key entry points to Edmonds and differentiate Edmonds from other cities along the Highway 99 corridor. ■ Celebrate the corridor's unique character. ■ The overall design should be coherent with other Edmonds signs o Goals that are Important to the Community ■ Natural elements ■ Modern ■ Sustainability ■ Sans -serif font ■ "Welcome to Edmonds" ■ Signs compliment each other ■ Similar to other Edmonds signs ■ No solid monuments / hiding spaces ■ Maintains visibility to adjacent businesses ■ Low -maintenance and vandal resistant materials Survey #2 Results 0 201 total survey participants 0 374 total comments o Nature of comments related to project ■ 99.8% supportive ■ 0.2% unsupportive o Methods ■ Flier/mailer ■ Task force ■ Facebook ■ Press release ■ City website o Open 2.5 weeks (Nov 17 - Dec 5) o Preferences from Survey #1 ■ North: Vertical sign in median with architectural element at back of sidewalk ■ South: Horizontal sign Overall Preferences Edmonds City Council Approved Minutes December 14, 2021 Page 16 Overall Preference... Sign A Sign B Sign C Sign D Most Preferred Least Preferred Sign A Sign B Sign C Sign D 0 10% M Sac I W% Wx " A %% wort ox wx lox Sac 4 W% Wx M B M l Edmonds • Survey Results o Sign Alternative A Feedback ■ South and North: Sign A ■ Feedback - 103 comments received - Prefer a horizontal sign, substantial base dislike the leaves or unclear of the meaning, like the colors - 33% most preferred - 20% least preferred o Sign Alternative B Feedback ■ South and North: Sign B ■ Feedback - Dislike the colors; doesn't stand out/hard to read/ bland - Like the flags - 93 comments received - 6% most preferred - 46% least preferred o Sign Alternative C Feedback ■ South: Sign C ■ North: Sign D ■ Feedback - 101comments received - Prefer a horizontal sign or mix; like the wave, posts, or maritime character; like the horizontal letters; good visibility/sentence structure - Note: community preference for a horizontal sign at the south gateway location and a vertical sign in the median with a feature at the back of the sidewalk at the north gateway location is consistent with feedback from the 1st online survey - 54% most preferred - 8% least preferred o Sign Alternative D Feedback ■ South and North: Sign D ■ Feedback - 77 comments received Edmonds City Council Approved Minutes December 14, 2021 Page 17 - Prefer a horizontal sign; like the wave or maritime character; don't like the vertical/reading letters vertically - Note: community preference for a horizontal sign at the south gateway location and a vertical sign in the median with a feature at the back of the sidewalk at the north gateway location is consistent with feedback from the 1 st online survey - 7% most preferred - 26% least preferred Recommendation o North: Vertical sign in Alternative C o South: Horizontal sign in Alternative C Overall goals - Natural elements - Modern - Sustainability - Sans -serif font - "Welcome to Edmonds" - Signs compliment each other - Similar to other Edmonds signs - Natural elements - No solid monuments / hiding spaces - Maintains visibility to adjacent businesses - Low -maintenance and vandal resistant materials ■ Landscape Character - Low growing, evergreen shrubs and groundcovers - Seasonal interest with color and texture - Trees at south gateway could be a conifer tree or flowering deciduous trees as a backdrop - located to not block views to dealership - Trees, shrubs, and groundcovers at north gateway could be in median and back of sidewalk to help enhance the gateway Layout of plantings o South sign ■ Geranium ■ Mount Vernon Lauren ■ Moon Bay Nandina ■ Sword Fern ■ Venus Dogwood o North sign ■ Geranium ■ Mount Vernon Lauren ■ Moon Bay Nandina ■ Persian Ironwood Mr. Hauss said City staff strongly supports Alternative C based on the project team's experience and survey results. The intent is to get design on the preferred alternative started as soon as possible as it will be incorporated into the median project which is already at 90%. It is hoped the project can be advertised project late February/early March; construction is scheduled to start in spring 2022 and be completed by the end of next year. Councilmember K. Johnson referred to the recommendation slide and asked if a horizontal sign had been considered in the planting area on the north side, commenting the area was nearly equivalent to the area on the south. Ms. Dotson answered it was considered, but unfortunately the photo does not show a very Edmonds City Council Approved Minutes December 14, 2021 Page 18 large Magic Toyota dealership sign. In considering that option, it was agreed the two signs side -by -side would compete for attention. Councilmember K. Johnson said she was surprised WSDOT approved the sign in the median; when she worked for the New Jersey Department of Transportation, they never allowed any vertical signs in the median as they were considered a safety hazard. Mr. Hauss said the raised median will not be a 6" curb; there will be a 20" raised curb and a 2-foot offset from the fog line to the face of the curb. He agreed if the median was a 6" curb the vertical sign would likely not be allowed, but this will be 14" higher than the standard curb. Councilmember K. Johnson said that is not reflected in the drawing. Mr. Hauss explained it was the same height as the median at the signal from 224th to 228tn Councilmember L. Johnson commented a beautiful welcome to Edmonds significant was unveiled today so it is fitting that the Council is considering and hopefully approving a sign that will welcome people when they enter Edmonds on Highway 99. She appreciated all the input that went into the signs and found the signs very visually appealing and easy to read. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AUTHORIZE STAFF TO PROCEED WITH FINAL DESIGN OF DESIGN ALTERNATIVE C. Councilmember Olson suggested the design team consider whether the survey answers could have any bias based on the fact that the only horizontal option was Alternative C and whether elements that people liked from Alternative A could be incorporated. She suggested "Edmonds" on the horizontal sign follow the curve rather than being straight. Councilmember Chen said he was on the task force and they discussed more information than was presented tonight. He referred to acquiring property next to the Toyota sign just for landscaping. The task force discussed that but he wanted the full Council to discuss it. Mr. Hauss explained the right-of-way line is about 1 foot behind the back of the sidewalk. He referred to the recommendation page, advising the areas identified as 1, 2 and 3 are approximately 1400 square feet and the area identified as 6 is approximately 400 square feet; those represent the right-of-way take plus a 10 foot temporary construction easement. Using the square foot land value obtained from other parcels as part of the right- of-way phase, the value is about $45/square foot so the estimated right-of-way cost for both areas is approximately $65,000. That is one of the options the right-of-way consultant will review with the property owner. Another option is a right-of-way easement which is usually 50% of the value, approximately $30,000 - $35,000. During the initial discussion with the property owner, they suggested they could maintain the area identified as 6 so there would not be any right-of-way take. He concluded the options range from $35,000 for an easement to $65,000 for a full right-of-way take. Jim Howard, HBB, advised approximately $35,000 - $40,000 is estimated for plantings, irrigation and site prep. Mr. Hauss said adding right-of-way and construction, the cost for landscaping behind the sidewalk is approximately $100,000. Councilmember Fraley-Monillas said she spoke with the property owners on the north and south and they both agreed to this. The Volkswagen dealership is interested in an "up and down sign" so it does not block their vehicles. The sign in the median on the north end was most appropriate. She express support for the project. Councilmember Chen commented if the City acquired the property from private owners, it would cost another $100,000 as well as ongoing maintenance. If the City acquired the land anyway, he suggested putting the most popular horizontal sign used on the south on north end as well and not install the potentially hazardous vertical sign in the middle of the highway. Edmonds City Council Approved Minutes December 14, 2021 Page 19 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY PAINE TO EXTEND 30 MINUTES UNTIL 11:00. MOTION CARRIED (6-1), COUNCILMEMBER K. JOHNSON VOTING NO. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER OLSON, TO FOREGO ACQUIRING PRIVATE PROPERTY FROM THE TOYOTA OWNERSHIP AND JUST GO WITH THE CENTER MEDIAN SIGN. Councilmember Fraley-Monillas recalled the owner of the Toyota dealership was agreeable to what has been proposed. For Councilmember Olson, Mayor Nelson clarified the motion was related to areas 1, 2, 3 and 6 on the Magic Toyota property. Councilmember Olson asked if the sign proposal committed the City to purchasing property from Magic Toyota and if the motion was to change that. Mr. Hauss agreed, the motion is to not acquire the areas identified as 1, 2, 3, and 6 on the Magic Toyota site which is currently included in the recommendation and only install the sign in the center median. Councilmember Olson asked if this could be returned to Council if this was a problem when it was presented to the contractor; the Council is available for special meetings if necessary for something time critical. Councilmember Olson recalled another Councilmember was concerned there might be an issue if the signs were not accepted as recommended and what the property owner agreed to. She supported the Council voting for what they wanted to see happen and if there is a problem, staff will return to Council. Acting Public Works Director Rob English agreed, relaying there was only an initial conversation with the property owner. If the Council approves the recommendation as proposed, those discussions will continue and if there are any issues, staff will come back to the Council. Councilmember Olson expressed support for the motion, anticipating the landscaping on the Toyota site will not be viewed as part of the project. Council President Paine asked if this amendment would put the design back to the drawing board. This design has been presented eight times between the Planning Board and City Council and it differs from what Councilmember Fraley-Monillas said the property owners agreed to. Mr. English said a different design would need to be considered if the intent was to put a sign on the private property side. Council President Paine did not support the motion, the City has been able to purchase property in the past with no trouble and if the property owner is in agreement, she wondered what the question was. Councilmember K. Johnson recalled Councilmember Chen planned to make a two part amendment. She supported retaining the landscaping if and only if there was a horizontal sign in that location; otherwise it will be viewed as landscaping on private property. Councilmember Fraley-Monillas said this is condemnation of property and she was not interested in forcing the Toyota dealership to provide land for the City's sign. She recalled there was a reason why a horizontal sign was not proposed on that side of the street, maybe because there wasn't enough land or it would be in the middle of a bunch of other stuff. She reiterated she was not interested in condemnation of land to install a sign. Mr. English explained the existing vertical Toyota sign would compete with a City sign in that area which is why the center median was the preferred choice. Ms. Dotson displayed a photograph of the Toyota site and identified the dramatic slope. In considering early concepts, the slope cut the horizontal sign in half, reducing visibility and legibility. A sign in that area would also compete with the large, white, vertical Toyota sign. People were attracted to a median sign that would be visible when driving both south and north and that overshadowed the Toyota site location. Mr. Howard said the vertical sign in the center median was more of a landmark, more visible, Edmonds City Council Approved Minutes December 14, 2021 Page 20 noticeable and unique. There was a lot of positive feedback from the public in survey for the center median sign. Councilmember Chen said Councilmember Fraley-Monillas' comments opposing condemnation were actually supporting his amendment. His amendment was not to condemn private property just for landscaping, it was to keep the center median and not touch the Toyota site at all. Councilmember Olson said that was what she understood Councilmember Chen to say and it makes total sense. The center median sign looks great and everyone is happy with it, but the large expense for landscaping on the other side of the street that does not even look like it is part of the sign project does seem like a good expenditure. Councilmember Fraley-Monillas agreed putting a sign in the middle of Highway 99 is a very good thing and very visible, but she was not interested in condemnation of any property for a sign. She expressed support for the amendment. COUNCILMEMBER K. JOHNSON CALLED THE QUESTION. VOTE TO CALL THE QUESTION CARRIED UNANIMOUSLY. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Mayor Nelson declared a brief recess 10:33 to 10:38 p.m. Councilmember Fraley-Monillas suggested the Council consider meeting tomorrow or Thursday. There are another 1'/z hours of agenda items, requiring the meeting last until midnight which she found unreasonable. She relayed her understanding that some of the items were very important and needed to be completed this year. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO EXTEND THE MEETING TO THURSDAY NIGHT. Council President Paine asked if this would be an adjournment where the meeting is stopped and continued on Thursday as was done a couple weeks ago. City Attorney Jeff Taraday said his understanding of the motion is to adjourn this meeting to Thursday night. This is a special meeting which means if the motion passes, Thursday's meeting would be an adjourned special meeting where the Council does nothing other than continue where it left off with this agenda and no changes could be made. Councilmember Fraley-Monillas said that was the intent of her motion. Councilmember Olson said typically adjournment was to the next day. She asked if the Council has the authority and opportunity to adjourn the meeting to Thursday. Mr. Taraday said the City Code contemplates that adjournments are to the next day. If the Council votes to move the meeting to Thursday instead, it is within the majority's power to do that. Councilmember Fraley-Monillas said she was also fine with adjourning to tomorrow night. Mr. Taraday recognized that tomorrow night is not ideal for some and that some Councilmembers were not comfortable with the concept of adjournment even though it is expressly allowed under the OPMA and City Code. If the Council would rather not have an adjourned meeting, they could have a special meeting on Thursday with a new meeting notice and new agenda, but that would require more legwork. Councilmember Fraley-Monillas said her motion was to continue the meeting and Thursday night is definitely her preference and probably the preference of a couple other people. Edmonds City Council Approved Minutes December 14, 2021 Page 21 Council President Paine said the meeting was already continued to 11. She preferred to get as much done as possible before then. If the Council agrees, the meeting can be adjourned to Thursday, pick up where it left off and start at 7 p.m. Councilmember Olson suggested doing the streateries agenda item and address the remaining items at the adjourned meeting. The ordinance extending Edmonds streateries has been a long awaited agenda item and it may be more thoughtful to discuss that item for members of the public who are still present. Councilmember K. Johnson expressed support for motion and preferred to consider the ordinance extending the streateries on Thursday. Her earlier motion to move it up on the agenda was because she felt it was of higher importance than the Highway 99 signs, but she lost that argument. She supported any method of stopping this meeting and continuing it on Thursday. Councilmember Fraley-Monillas did not support the Council discussing streateries at 10:45 p.m., as her first meeting today began at 1:00 followed by Council committee meetings and the Council meeting. She preferred to continue the meeting on Thursday. Insisting the Council move forward is probably not the best idea at 10:45 p.m. Councilmember L. Johnson asked if there were consultants present for any of the other agenda items. Mayor Nelson said possibly the lobbyist. Councilmember L. Johnson agreed streateries may take a while and supported continuing the meeting on Thursday. If there is a consultant present for an item, she would support addressing that item. Councilmember Fraley-Monillas raised a point of order, commenting Councilmembers do not make the best decisions 4-5 hours into a meeting or in some cases, 8-9 hours into a meeting. Mayor Nelson ruled that was not a point of order. MOTION CARRIED UNANIMOUSLY. Mr. Taraday clarified for record, this meeting will be adjourned to 7 p.m. on Thursday, December 16, 2021. There is 12 minutes left before adjournment and the Council still has the ability to extend this meeting if they wish. When this meeting ends, it will be adjourned until 7 p.m. on Thursday. Council President Paine suggested the Council consider Agenda Item 6. 6. PROSECUTING ATTORNEY SERVICES AGREEMENT Sharon Cates, City Attorney's Office offered to provide a brief presentation and answer questions. The Council packet contains a PowerPoint presentation which she can review or the Council can simply ask questions. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE NEW PROSECUTING ATTORNEY LEGAL SERVICES AGREEMENT FOR JANUARY 1, 2022 THROUGH DECEMBER 31, 2023. Councilmember K. Johnson requested Ms. Cates summarize the significant changes in the contract. Ms. Cates said the main change is the name of the firm changed from Zachor & Thomas to Zachor, Stock & Krepps; the firm includes the same attorneys the City has been working with for several years. The City has been working under amendments to the Zachor & Thomas agreement for several years; this is a new agreement but it is substantially the same as the previous agreement. There is an increase in the current fee; the current monthly base is approximately $18,000 and the fee in the proposed agreement is Edmonds City Council Approved Minutes December 14, 2021 Page 22 $23,625/month and increases once the Edmonds Police Department body worn camera policy is in full force; it is currently a pilot program. The majority of the increase is based on the fact that the Police Department has adopted a body worn camera policy and it is Zachor, Stock & Krepps's position that there will be a significant amount of video to review. The increase also includes time spent on developing diversion courts, alternative courts, things that could eventually decrease the amount of prosecution and defense time. She summarized the increase in the monthly fee and the name change are the primary changes to the agreement. Councilmember K. Johnson relayed her understand that in previous agreements one-third of their time was spent on DWLS. She wondered it that will play a significant role in reducing expenses for the prosecutor. Ms. Cates said that had an effect in the last agreement; the base rate was in the upper $20,000 previously to Amendment 5 which will expire at the end of 2021. Zachor & Thomas took a 15% reduction int their fee to $18,000 to take into account DLWS3 is not being charged any more. The additional work as described has increased the fee. Councilmember Chen inquired about the process for selecting a prosecuting attorney. Ms. Cates explained the City did one year extension of the Zachor & Thomas agreement last year in part to give the City to do a Request for Proposals. The City did an RFP in 2019, received 2 proposal, 1 from Zachor & Thomas and 1 from John Rodabaugh. The City decided to do another RFP for prosecuting attorney services in 2021 which was done in September and October 2021. Only one proposal was received from Zachor, Stock & Krepps. There has been some discussion in the past about potentially bringing prosecution services in-house, but that was not part of this year's discussion. Councilmember Chen relayed his understanding there was not a bidding process. Ms. Cates said the hope would be to have more than one proposal; it is technically a competitive bidding process but unfortunately there are not a lot of firms in the area that do prosecution work and only one proposal was submitted. UPON ROLL CALL, MOTION CARRIED (6-0-1), COUNCILMEMBERS K. JOHNSON, FRALEY-MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; COUNCILMEMBER CHEN ABSTAINING. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO ADJOURN UNTIL THURSDAY AT 7 P.M. MOTION CARRIED UNANIMOUSLY. In accordance with ECC 1.04.020 and RCW 42.30.90, as the Council had not completed its business by 10 p.m. (extended until 11:00 p.m.), by Order of Adjournment, the Council meeting was recessed and adjourned until 7 p.m. on Thursday, December 16, 2021. The meeting will resume at the point in which the December 14' meeting was adjourned. The meeting was recessed and adjourned at 10:58 p.m. 4. ORDINANCE EXTENDING EDMONDS STREATERIES 5. 2022 LEGISLATIVE AGENDA 7. RESOLUTION SUPPORTING RANKED CHOICE VOTING This item was postponed to the first available agenda in January via action taken in Agenda Item 5. 10. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS OUTSIDE BOARDS AND COMMITTEE REPORTS 11. COUNCIL COMMENTS Edmonds City Council Approved Minutes December 14, 2021 Page 23 12. MAYOR'S COMMENTS 13. ADJOURN MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK Edmonds City Council Approved Minutes December 14, 2021 Page 24 Public Comment for 12/14 Council Meeting: From: Monica Floreno Sent: Tuesday, December 14, 2021 5:10 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council <Council@edmondswa.gov> Subject: Public Comment: For Edmonds Streateries To Edmonds City Councilmembers, I have been a resident of Edmonds for 10 years, raising my son here who is almost 11. We are a social little family and involved in the community, schools, churches and sports organizations. Councilmember Olson, you gave my son a swim lesson at our local gym when he was 6, and you were awesome! He learned so much in that 1 session! I love that this town can feel small and supportive! As active participants in this community, we (along with so many) have had to be creative to see others safely during this pandemic - it has been challenging. An incredible gift to us has been the streateries in downtown Edmonds. To me they are a sign of grit, creativity and inclusiveness. I personally have not been comfortable bringing my child to eat inside a restaurant during this pandemic; and especially as we move into winter with the uncertainties of the new variant. Pre-covid we were regulars at many downtown Edmonds restaurants, and once the streateries were built - we were able to support the local businesses once again while bringing some normalcy back into our lives. If these were not here, we would need to stay home. While others have different comfort levels and views about the pandemic as a whole, there are tons of us in this town who handle our precautions differently. These streateries have and will continue to be such a blessing for so many as this pandemic is certainly not over. This past Friday, December 10th, we were lucky to snag a spot in the streatery at Taki Tiki, our favorite. We were there from about 6 to 7:30 or so and it was packed — young, middle -age and older folks alike. We saw my son's former teacher there and it was so nice to socialize and be out and about! It was pouring down rain and between the warm heat lamp, sparkling lights, the sound of the rain on the streatery mixed with people laughing and chatting... it felt good. A bit of normalcy along with a sigh of relief and a whole lot of fresh air. On behalf of so many, I ask you to please keep the Edmonds streateries. At the end of the day, the streateries have been an innovative way to bring us all together... no matter which side you lean. There's something to be said about supporting local businesses while breaking bread together safely... even if you're on the other side of the window. Thank you for your time! Monica Floreno From: Lynda Fireman Sent: Tuesday, December 14, 2021 4:07 PM Edmonds City Council Approved Minutes December 14, 2021 Page 25 To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment I will be making a public comment this evening. (Here is my comment: I am Lynda Fireman of 600 Bell. I'm speaking about the Notice of Application PLN2021-0066 for the 24- unit apartment with 24 parking spaces underneath at 605 & 611 Main Street. I face SW with about 98% of my south facing side across the alley from this proposed building. I am in shock that it is allowed to be built covering the entire site right up to the edge of the alley. Every other building on the lane has a set -back. All construction is to be off the alley. 3 of us in the condo have garages that face the alley as is the condo behind us. Will we be blocked during construction? The alley is 15 ft wide. 2 cars cannot pass unless there is space in a set -back that one can move into. How can we accommodate more vehicles? Where are other family members going to park? My now light filled windows are about another 10 ft, at the most, from the alley. I'll be looking at a 3- storey wall & directly into their windows. I will lose all privacy, light and enjoyment of my home. I probably will not be able to see the sky. Another worrying part of the applications is this statement: "Structures on the adjacent parcels do not support the intensity of development under the current zoning and comprehensive plan and are anticipated to eventually be replaced with higher -density development. The proposed project is seen as a guide for future redevelopment allowed and encouraged by the comprehensive plan." The building at 615 Main is owned by "615 Main Street LLC" so this is just the start. Questions: • When finished, will their moving trucks & any repair trucks be blocking the alley? • What about safety & emergency vehicle access? I've lived here 6 years. There's been constant construction going on close by. It's noisy, dirty & stressful but never like this. Our beautiful, quaint, historic downtown that draws everybody in is disappearing. I ask that our Mayor, Council Members and other Government Departments start thinking about the well-being of the Residents who live here. Residents, please speak up — your home may be affected next! From: Stephen A. Fesler Sent: Tuesday, December 14, 2021 1:07 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Extend the Streateries Edmonds City Council Approved Minutes December 14, 2021 Page 26 This is an easy decision: extend and expand the streateries program. This program should even be available to other retail uses. Stephen Fesler From: Ron Eber Sent: Tuesday, December 14, 2021 9:26 AM To: Paine, Susan <Susan.Paine@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: RE: Public Comment on Marsh Restoration Council President Paine: Here is my explanation of how I understand the plan amendment process works under the City Code and why I believe the Council needs to act before December 31st to schedule any plan amendment for 2022 now. The "action" is what some call "docketing an amendment" but that term is not in the City Code. The City Code (20.00.010 and .020) and Growth Management Act permit only one amendment to its comprehensive plan per year. Either a private party or the City may propose an amendment. Requests must be in writing on a form provided by the Planning Services Director and submitted no later than December 31St or the first business day after that if it falls on a holiday or weekend (like for 2021. The Council may also accept an application after the deadline for "good cause." It is not clear who would prepare and submit the required forms for a proposed amendment submitted by the Council. However, the form provided me by the planning department is oriented towards a submittal by a private party and not the Council. However, it does not require a full and complete draft of the proposed amendment but only a "description of the project" and how it meets and applicable codes. I again request that the Council take action (docket) this year to initiate an amendment to the comprehensive plan before the deadlines specified in the City Code. Specifically, the Council should direct Planning Services to initiate the amendment process so that appropriate changes and provisions can be developed for consideration in 2022. Many thought this was to happen in 2021 based on the City's budget adopted in 2020. But somehow that was deferred to 2024. The proposed changes should: 1. Identify for deletion any references or provisions for the now defunct Edmonds Crossing (easily identified in the current comprehensive plan) and 2. Develop any needed provisions needed to guide the restoration of the Edmonds Marsh. The description for the Marsh restoration is the following: "Establish a Regional Wildlife Sanctuary and Recreation Area in public ownership on the southern end of the Edmonds Waterfront that includes the Edmonds Marsh -Estuary, the old Unocal property, and Edmonds City Council Approved Minutes December 14, 2021 Page 27 Marina Beach Park. The Sanctuary Area will be interconnected with a tidal channel from Puget Sound to the Edmonds Marsh and nature trails, pedestrian bridges, and boardwalks for outdoor recreation and bird -watching. The Regional Sanctuary Area will be managed for aquatic and avian wildlife protection and enhancement, outdoor recreation and education, and other activities that can be accomplished consistent with and as secondary uses to wildlife conservation." With this direction, the plan amendment process can begin as set forth in the City Code with full citizen outreach and participation. Advisory committees can assist the Department with the development of the needed provisions, goals and policies as well as important supporting inventory and background information. Once a draft is developed, it can be available for public review through the Planning Board and then onto the City Council for consideration and any final changes prior to adoption. How the possible amendments comply with the applicable City Codes can also be developed along with the proposal and be part of any adoption ordinance. Thank you for your consideration of this request and I trust you can act on it favorably. Ronald Eber - Edmonds From: Donna Bond Sent: Monday, December 13, 2021 7:41 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Streeteries — such a benefit to our community! I just wanted to thank Edmonds for the streeteries/outside dining options during Covid. I feel that it really increases the community spirit in downtown Edmonds, I have actually visited downtown Edmonds more during the pandemic than before because of these safe dining options. Last week, after a business lunch outside, I window shopped for furniture, bought some toys at the toy store, and bought some Christmas gifts at the Kitchen store. All places I would not have otherwise visited on that day. I think these dining options are a real draw. Thank you so much for your compassionate consideration for our community. From: Paine, Susan <Susan.Paine@edmondswa.gov> Sent: Monday, December 13, 20215:42 PM To: Ron Eber; Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Re: Public Comment on Marsh Restoration Mr. Eber, Edmonds City Council Approved Minutes December 14, 2021 Page 28 As I mentioned in our earlier email exchanges, the 2022-2027 CP/CFP is on our agenda for tomorrows meeting. I'm sure there will be a couple of motions to amend the item that pertains to the Edmonds Marsh. Once this is approved, the final version will be sent to the State Department of Commerce. The City is underway with the Waterfront Study which is doing a stakeholders' analysis (Phase 1 - my wording) and that information will be wrapped up by the end of the 1st quarter 2022. This study will be used to inform the Council on how we will put together what we want to propose for the actual Comp Plan changes. The next phase will to engage our residents on the proposed Comp Plan changes, asking for their feedback, and so forth. I do think that you may be using the term "docketing" in a manner that isn't applicable for this year. Council did not make any changes to the Comp Plan so there is nothing on the docket to forward to update the GMA. If the consultant has produced any drafts, I am unaware of what has been included. The Comp Plan process includes a lot of steps and Edmonds has always relied on the services of consultants for our big Comp Plan changes. If we are going to go into the Comp Plan, we have the responsibility to do so by using good engagement and outreach practices. I'm sure that as a planning professional, you would agree that the community needs to be aware of what changes are being made. Council asked for and funded this work to be done, it is my hope that once this first phase is completed, we will be able to give the Director of Development Service some clear direction on how we want to proceed. I hope this answers many of your questions, Susan Susan Paine, (she/her) M.P.A. Council President Edmonds City Council, position 6 425-361-8844 From: Ron Eber Sent: Monday, December 13, 20214:08 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: joe scordino Subject: Public Comment on Marsh Restoration Edmonds City Council Approved Minutes December 14, 2021 Page 29 Dear Council: Since coming to Edmonds I keep hearing how much everyone wants to restoration the marsh and establish a wildlife sanctuary. However, nothing seems to get done. During the summer, I heard that the Council had approved as part of the 2021 City Budget a proposal to develop an amendment to the City's comprehensive plan. The primary task for the amendment was to delete provisions for the now defunct Edmonds Crossing, establish a clear goal for the restoration of the Edmonds Marsh and address other related issues on the waterfront. However, Development Services put this off and it is now not scheduled until 2024. The current work being done by a consultant for the City will only produce an outline of the future work needed for this and it will not provide a concrete draft of amendments ready for review in 2022. This is unacceptable and a waste of time and money as preparing such an outline for such work is a very simple thing to do ( As a retired land use planner with over 30 years of experience, I can attest to this). I and many others have testified during this Fall's Budget process on the need for such an amendment before further work or funding for storm water projects related to Marsh Restoration are approved. Continuing down this path is a major mistake and a waste of money. In November, I was informed by Council President Paine that the Council would "docket" an amendment to the CIP/CFP at tonight's meeting. However, all I see is an adoption of these plans tonight and not a "docketing" for adoption in 2022. 1 was further told that a possible amendment to the comprehensive plan cannot be "docketed" or scheduled for 2022 until there is a draft prepared but then the draft cannot be prepared until the possible amendment is "docketed." So around and around it goes. My continued request is for the Council to "docket" or schedule for 2022 an amendment to the comprehensive plan to delete provisions for the now defunct Edmonds Crossing and establish a clear goal for the restoration of the Edmonds Marsh. The exact details for these amendments are not need or required now but only the broad description is needed. Further, I am in full accord with the letter you received today from Joe Scordino on behalf of Save Our Marsh and urge you to quit budgeting money for Marsh restoration until there is a plan develop for how this work will be accomplished. Thank you for considering my comments and request. Ronald Eber Edmonds From: Kathy Brewer Sent: Monday, December 13, 2021 3:00 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Please allow streateries to sunset. Edmonds City Council Approved Minutes December 14, 2021 Page 30 Hello Council Members and Mayor Nelson, The streateries have been on public property long enough. They were allowed as a temporary, emergency measure. After 1.5 years, it is no longer temporary or an emergency. The need is over. Restaurants have been at 100% for six months. Anyone who would like to eat outside has numerous restaurant options with outdoor dining downtown and elsewhere in Edmonds, including the restaurants with the streateries. Most of them had existing outdoor dining in front of their restaurants and/or behind them before streateries were permitted and those areas are still open. The streateries simply allowed these restaurants to expand onto public property and increase profit at public expense. This is wrong and unfair. If we continue with the streateries, we may lose our other businesses. With limited parking, blocked storefronts and sidewalk encroachment, customers and clients will stop coming. Some of us residents no longer go downtown because of the inconvenience and unsightliness of the streateries. It's quicker to drive to other shopping areas and not deal with the hassle. Seems like the only reason people come downtown now is to eat. If we want to be a restaurant destination and that's all, then fine; but it's not in our best interest. Putting all of our eggs in the restaurant basket is not a wise decision. If we want to keep our downtown healthy, balanced and diverse, we need to be fair to all and remove the streateries. I've heard some people suggest allowing the streateries for a fee to the restaurants. This is not a solution. The sidewalks and streets belong to the citizens. They are a public right -away and we have the right to use them. Please do the right thing and allow the streateries to sunset as scheduled. Sincerely, Kathy Brewer From: Stephanie Westling Sent: Monday, December 13, 2021 2:30 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Westling Public Comment Hello Council and Mayor, My family and I visited the downtown area of Edmonds several times this weekend. The city was busy and the holiday cheer seemed to extend from the tiniest members of our community to the oldest. I was reminded why my family and I choose to plant roots in this community. We are all so lucky and fortunate to live where we do. On Friday, we celebrated my daughter losing a tooth with dinner out. It was her choice and she had her heart set on Taki Tiki. It was cold and wet but we bundled up and enjoyed a wonderful meal together in one of the outdoor booths. When the weather cleared on Saturday, we strolled through the outdoor market while enjoying a bag of warm doughnuts. We picked up some meat, gawked at the beautiful jewelry, and attempted to walk Edmonds City Council Approved Minutes December 14, 2021 Page 31 through the toy store. The line was several people deep on Main Street. We waved at the trolley and headed home. On Sunday, we returned to downtown and were able to make purchases at Teri's Toy Box, The Papery, and Crow. All stores were full of shoppers despite the weather. Afterwards, we celebrated our finds with a quick beverage and fries at Salish. We bundled up and toasted the weekend under one of their canopies. Tonight I get to extend my downtown Edmonds streak with a long-awaited visit with friends at Fire and the Feast. Their cozy outdoor space provides the perfect setting to catch up without the worry of covid. Needless to say, there is so much to celebrate in our community. We have wonderful restaurants and retail locations in an ideal setting. I feel like we've lost sight of that. My family and I support the outdoor dining options and the opportunities it has provided for us to continue to support our favorite dining establishments. The youngest in our community are still at risk. This pandemic is not over. I support the efforts of a task force to review our approach and make adjustments where needed. Together, we can find a solution but it will require patience, discussion, and understanding. I hope we are able to work together to make that happen. Cheers, Stephanie Westling ps. attached is a picture of myself, my husband, and our youngest (age 4) at Salish. From: joe scordino Sent: Monday, December 13, 2021 11:39 AM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Feser, Angie <Angie.Feser@edmondswa.gov>; Save Our Marsh <save.the.edmonds.marsh@gmail.com> Subject: Restoring the Edmonds Marsh -Estuary and the CFP/CIP Council members: As you know, restoring the Edmonds Marsh -Estuary, a City -owned regional treasure, is and will continue to be a very complicated process that by necessity will involve numerous public and private entities, and concerted and coordinated planning and implementation efforts. The Council should not be further complicating the restoration effort by adopting planning documents — the CFP/CIP — that place the Edmonds Marsh -Estuary under "Stormwater" AND "Parks" especially since the management of the Marsh -Estuary to date as a storm basin with a tide gate closing -off daily tidal exchange is a root cause of the deterioration of the Marsh. Edmonds City Council Approved Minutes December 14, 2021 Page 32 Please delete page 73 in the Public Works CFP/CIP so that City planning and management of this 'wildlife reserve' (the Edmonds Marsh) is clearly the responsibility of the Parks Department with a restoration priority for the City to have a functional ecosystem that wildlife and people can enjoy (very clearly a Parks Dept. responsibility). Like all other City Parks, there obviously are components of Park management that will involve City stormwater staff input and expertise — but that does not by necessity require a separate CFP/CIP for the Public Works Department. Because of this confusion on City priorities and responsibility, citizens have had to strike -out out on their own to negotiate with other entities to plan and implement important restoration actions at the Edmonds Marsh -Estuary (e.g., the successful community volunteer effort with WSDOT to restore freshwater circulation into the Marsh; citizen's work with the County to treat the spread of invasive plants in the interior Marsh; citizen's work with WDFW (see linked article below) to rear salmon fry to repopulate the Marsh basin salmon runs; and, citizen engagement with WSDOT and DOE on the old Unocal property). This "confusion" on Marsh restoration is exemplified by the City still using the misnomer of "Willow Creek Daylighting" when Willow Creek (which drains into the southeast corner of the Marsh) is already'daylighted' —the restoration 'daylighting' is for a tidal channel between the Marsh and Puget Sound that is currently in a 1,600-foot pipe. The City should be working with the community to engage local knowledge and the huge community support and volunteers. But that hasn't happened due to the confused City priorities (i.e., manage Marsh as a storm basin verses a wildlife reserve). The City has wasted enough money hiring stormwater contractors and others, who obviously have no idea of ecosystem requirements for buffers or interior Marsh needs, to develop overly expensive (and inappropriate) Marsh restoration plans ($17M+). With proper focus and planning, the City should have no problem obtaining State and Federal grant funding that minimize the burden on City funding since salmon and nearshore restoration are national and regional grant program priorities. Please take the first step forward by fixing the CFP/CIP to confirm the Parks Department will be solely responsible for managing this City's wildlife reserve (the Edmonds Marsh -Estuary) including restoration (just as it is for all other City Parks) - delete page 73 of the Public Works CFP/CIP. The next step, which can be taken up next year, is for the City to appoint a citizen's Advisory Committee for the Preservation and Enhancement of the Edmonds Marsh -Estuary and the City's Marsh Restoration Fund to assist the Parks Department Director in managing this City treasure. Students pitch in to ensure healthy salmon runs in local streams Edmonds City Council Approved Minutes December 14, 2021 Page 33 streams Saturday morning saw an estimated 50 students, teachers, advisors and local salmon boosters (all part of the Edm... From: Dawn Parker Sent: Sunday, December 12, 2021 3:46 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Keep the streeteries Hello, I just want the council to know how much my family loves the streeteries. They have enhanced our town and have allowed us to be outside during these trying times. Thank you for being so proactive and helping out the businesses in our lovely town. Please KEEP THE STREETERIES! Dawn Parker Edmonds, WA Resident since 1961 From: Kclarke5 Sent: Sunday, December 12, 2021 1:13 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council <Council@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Subject: Let "Emergency Ordinance 4209" sunset. End the painful political Kabuki Theater! Dear Mr. Mayor and City Councilmembers, You have the power to end this painful to watch political Kabuki Theater now playing on the Edmonds stage. Stop the play! No more city council votes in 2021 need to be taken! Not even for "Emergency Ordinance 4209" that created the Streateries. The State of Washington COVID-19 restrictions imposed on many businesses, including restaurants, were lifted on June 30, 2021. Since July 1, 2021, all restaurants and bars have been able to operate at 100% pre-COVID-19 capacities. In addition, the Streaterie permit holders have had 6 months to prepare for the sun setting (December 31, 2021) of "Emergency Ordinance 4209". "Emergency Ordinance 4209" sunsets December 31,2021. There is no evidence in the public records (letters to city councilmembers or testimony at the public hearing) supporting or documenting any need Edmonds City Council Approved Minutes December 14, 2021 Page 34 to extend "Emergency Ordinance 4209"; to reduce economic hardship created by any current government COVID-19 restrictions. None!! The "Emergency" is over! Moreover, the record supports observations of limited Streaterie use. The lack of government restrictions on indoor -outdoor -patio - deck -sidewalk dining, and the cold, wet winter weather may be contributing factors reducing the current market demand for Streateries. Near -term prospects, January thru June 2022, are for more of the same ---limited demand and use of the Streateries, no government restrictions on restaurant dining and cold, wet winter and early spring weather. Voting on extending "Emergency Ordinance 4209," that created the Streateries, will only add fuel to, and fan the flames of, an existing political wildfire that has already scorched the civic landscape of our beautiful city. Let "Emergency Ordinance 4209" sunset! Do not needlessly poison the well for those seeking future opportunities to dialogue on the Streateries issues. In closing, let us move forward together, creating "An Edmonds Kind of Day" never ending story; beautiful from sunrise to sunset; and respecting the interests of all our stakeholders. Let us: listen to each other; separate people from the problems; focus on interests rather than positions; generate a variety of options before settling on an agreement; and insisting the process be based on objective criteria--- see Getting to Yes by Roger Fisher and William Ury. Thank you for your public service. May you enjoy a memorable Holiday Season. May 2022, following a brief intermission between acts in the public political play, bring the next act tying up loose ends and resolving the unneeded and unwanted drama, moving toward ... and they lived happily ever after. I have lived in Edmonds for over 60 years. I have enjoyed raising my family in the city and seeing most of my grandchildren live, go to school, and enjoy the bounties of our beautiful city. Finally, I have had the pleasure and honor to coach little league sports, help build the community and serve the City of Edmonds in three public capacities: 4 years as chairperson of the first City of Edmonds Citizens Commission on Compensation of Elected Officials; 5 years on the City of Edmonds Planning Board; and, as an Interim Advisory Board Member, Edmonds Downtown Business Improvement District (EDBID). Respectfully submitted by, Kevin B. Clarke (206) 542-9503 Edmonds, WA From: Eric Main Sent: Saturday, December 11, 2021 9:59 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment Just writing to let you know how much we enjoy the outdoor seating in Edmonds. We come here from Kirkland specifically to dine because it is the one city that has a safe effective outdoor seating that is covid safe. Edmonds City Council Approved Minutes December 14, 2021 Page 35 Please keep this in place. It is great. We are hoping other cities will follow suit, but until then you get all our business. Eric Main From: Anne Garay Sent: Friday, December 10, 2021 9:01 AM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: please keep Edmonds Streateries I really like the Outdoor Streateries in downtown Edmonds. Since the start of the pandemic I have chosen to eat outside rather than inside at Edmonds restaurants about 90% of the time. I think they add to the downtown vibe... and I hope they might be permanent. Anne Garay Edmonds 98026 resident From: joe scordino Sent: Thursday, December 9, 20219:52 AM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Ken Reidy; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Re: Formal request to investigate the conduct of Mayor Mike Nelson and Council President Susan Paine prior to and during the November 16th Regular Meeting of the Edmonds City Council City Council members; There are three additional critical points to Mr. Ken Reidy's comments on the public being misled and prevented from providing input to the Council's deliberations on adoption of the 2022 budget. 1. During Mayor Nelson's opening instructions to the public on the audience comment agenda item on the Council's November 16, 2021 Public Meeting, he said "If you are here for any other matter besides the budget this is the opportunity to speak during the audience comment". The Mayor's instruction was clear that public comment on the budget would be allowed ONLY during the budget agenda item regardless of whether the speaker had commented at a prior public hearing or not. Edmonds City Council Approved Minutes December 14, 2021 Page 36 2. Although the Council President said "people who have already chimed in and participated last week in the public hearing that their comments be considered part of the public record," the fact of the matter is the minutes of the November 9, 2021 public hearing and the public's written comments that are attached to the end of the minutes WERE NOT in the agenda packet for the November 16 meeting. Thus the written and oral public comments were NOT yet part of the public record in front of the Council for its deliberations on the 2022 budget nor available to the public. 3. Council President Paine in clarifying her motion to ban further public comments (including public comments that had not been made before) said "if we've already heard from anyone from past two weeks, we'd like to have others...." The clarified motion went way beyond just limiting those who already made comments at the November 9 public hearing (i.e., the contradicted assumption that this was a continuation of the prior public hearing). The 'clarified' motion was understood by the public to apply to those who had provided written comments on the budget as well as those who spoke during audience comments about the budget in the past two weeks regardless of whether they spoke at the November 9 public hearing or not. Also, although the CFP/CIP was a separate agenda item at the November 16 meeting, it is an adjunct to the budget, thus some citizens understood the Mayor's instructions to wait until the budget agenda item to comment on that as it related to the 2022 budget. But, then the Council President's clarified motion during the budget agenda item was understood to also apply to those who commented on the CFP/CIP (written or oral) in the past two weeks so they too were banned from providing further public input by the Mayor's and Council President's actions. The actions of the Mayor and Council President were an obfuscated, if not overt, effort to prevent public input on the Council's deliberations on adoption of the 2022 budget. This needs to be remedied by the Council. On Thursday, December 9, 2021, 07:30:53 AM PST, Ken Reidy <kenreidv@hotmail.com> wrote: Dear City Council (others blind cc'd), On November 8, 2021, somebody posted an Edmonds City Council "Notice of Filing of Preliminary 2022 Budget & Public Hearings" on the front door of City Hall. The Notice stated the following even though the Edmonds City Council or a committee thereof had not scheduled hearings on the budget or parts thereof as required by RCW 35A.33.055: PUBLIC HEARINGS to consider citizens' comments regarding the Proposed 2022 Budget, Proposed 2022 Property Tax Levy, and Capital Improvement Program/Capital Facilities Plan (CIP/CFP Plans) will be held on November 1, 2021. A second public hearing will be held on the Proposed 2022 Budget on November 9, 2021. Edmonds City Council Approved Minutes December 14, 2021 Page 37 As I emailed yesterday, the City Council President is not the legislative body. I hope all understand this basic concept. If scheduling hearings on the budget is something City Council President Susan Paine has the authority to do all on her own, why did she make a motion during the November 9, 2021 Special Meeting of City Council to continue the Public Hearing to November 16, 2021? Why didn't she just schedule the November 16, 2021 hearing all on her own? Again, the City Council President is not the legislative body. Council President Susan Paine pointed out during the November 9, 2021 Special Meeting of City Council that extending the public hearing would be a third opportunity for the public to comment on the budget. The Notice posted on the front door of City Hall on November 8, 2021, clearly notified the public of the following: "All interested persons are encouraged to attend and provide oral and/or written comments at any of the hearings." Words are important. Words such as "All" and "any". Under the Governor's proclamation, Edmonds City government must provide the ability for all persons attending the meeting to hear each other at the same time. Edmonds Mayor Mike Nelson controls the ability for all persons attending the meeting to hear each other at the same time. Not all the interested persons who attended the November 16, 2021 Public Hearing were allowed to provide oral comments. Mayor Mike Nelson refused to take the action necessary to allow certain people to provide oral comments via the Zoom Platform. Why was Mayor Mike Nelson emailed the attached list of citizen names at 3:56 pm on November 16, 2021? Did Mayor Mike Nelson know ahead of time that the following was going to take place hours after 3:56 pm on November 16, 2021?: COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEYMONILLAS, TO PROPOSE TO THE CITY COUNCIL THAT THIS IS A CONTINUANCE OF THE PUBLIC HEARING, IF THERE ARE PEOPLE WHO ALREADY CHIMED IN AND PARTICIPATED LAST WEEK IN THE PUBLIC HEARING THAT THEIR COMMENTS BE CONSIDERED PART OF THE RECORD AND THAT WE ENTERTAIN HAVING ONLY NEW SPEAKERS TO THE PUBLIC HEARING REGARDING OUR BUDGET BE CONSIDERED TONIGHT. What on earth does CHIMED IN mean? Does CHIMED IN include both oral and/or written comments? How many citizens who had provided written comments LAST WEEK were impacted by this bizarre Motion? Why wasn't the bizarre Motion ruled out of order because of these words included in the public notice: "All interested persons are encouraged to attend and provide oral and/or written comments at any of the hearings." When the November 16, 2021 City Council Meeting agenda was released on November 13, 2021, it did not inform the public that those who had spoken previously would not be allowed to speak again. Edmonds City Council Approved Minutes December 14, 2021 Page 38 As the November 16, 2021 third opportunity for the public to comment on the budget drew near, members of the public spent time thinking about and/or preparing public comments to make during a Public Hearing. The public was unaware that Mayor Mike Nelson was emailed the attached list of citizen names at 3:56 pm on November 16, 2021. The public had every right to believe that what the Public Notice had stated was true: "All interested persons are encouraged to attend and provide oral and/or written comments at any of the hearings." Please consider this a formal request to investigate the conduct of Mayor Mike Nelson and Council President Susan Paine prior to and during the November 16th Regular Meeting of the Edmonds City Council. Please form a citizen task force to conduct this investigation and to recommend the appropriate action for the City to take to address the conduct of Mayor Mike Nelson and Council President Susan Paine prior to and during the November 16th Regular Meeting of the Edmonds City Council. Please have the citizen task force interview all citizens mentioned in the attached email sent Mayor Mike Nelson at 3:56 pm on November 16, 2021 by City Clerk Scott Passey. Please have the citizen task force interview City Clerk Scott Passey to find out why he emailed Mayor Mike Nelson the attached email at 3:56 pm on November 16, 2021. Please form this citizen task force as soon as possible. I believe these are serious issues. I hope Edmonds City Government will also contact the State Attorney General and request legal review of all these issues. Thank you. Ken Reidy From: Ken Reidy Sent: Wednesday, December 8, 2021 7:26 AM To: Council@edmondswa.gov <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.eov> Cc: Jeff Taraday <leff@lighthouselawgroup.com>; Passey, Scott <scott.passey@edmondswa.gov>; susan.mclaughlin@edmonds.wa.gov<susan.mclaughlin@edmonds.wa.gov>; Doherty, Patrick <patrick.doherty@edmondswa.gov>; mike.nelson@edmondswa.gov <mike.nelson@edmondswa.gov>; Carolyn LaFave <carolyn.lafave@edmondswa.gov> Subject: Reminder - Code of Conduct Watching City Council conduct last night, I think it appropriate to remind City Council that, on January 26, 2021, City Council adopted a Code of Conduct via Motion. Also, why all the discussion last night about the Extended Agenda being a Planning Tool? Why would that matter? Edmonds City Council Approved Minutes December 14, 2021 Page 39 RCW 35A.33.055 is a STATUTE that applies to the City of Edmonds. RCW 35A.33.055 concludes as follows: Prior to the final hearing on the budget, the legislative body or a committee thereof, shall schedule hearings on the budget or parts thereof, and may require the presence of department heads to give information regarding estimates and programs. The City Council President is not the legislative body. I hope all understand this basic concept. Edmonds City Council or a committee thereof did not schedule hearings on the budget or parts thereof. End of story. RCW 35A.33.055, a STATUTE, was not complied with. In addition to that, the Budget Schedule was modified after it was publicly noticed. City Council did not vote to modify the budget schedule. Your Code of Conduct includes: Section 6. Council Code of Conduct The City Council finds that Councilmembers should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation. Councilmembers have a public stage and privileged platform to show how individuals with contrasting points of view can find common ground, demonstrate problem -solving approaches, and achieve solutions that benefit the community as a whole. Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to city business. To this end, the following Code of Conduct for members of the Edmonds City Council is established: 6.1 General Conduct A. Councilmembers shall focus discussions and debates on vision, policies, and their implementation. B. No Councilmember shall dominate proceedings during Council or other public meetings. C. Personal, insulting, or intimidating language, body language and actions, are not allowed. Councilmembers may raise a point of order for ruling by the Chair or by the Body to address inappropriate remarks. D. Ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. Every effort should be made to be respectful in listening to Council, staff and public testimony and discussions. E. Technology allows words written or said to be distributed far and wide. Councilmember written notes, voicemail messages, texts, email, or other electronic communications, are public records and shall follow this code. Edmonds City Council Approved Minutes December 14, 2021 Page 40 Ken Reidy Attachment: From: Nelson, Michael To: Passer, Scott Subject: Re: public hearing speakers Date: Tuesday, November 16, 2021 4:21:38 PM Thank you!!! On Nov 16, 2021, at 3:56 PM, Passey, Scott <Scott.Passey@edmondswa.gov> wrote: Mike, Below is the list of speakers from the two budget hearings. November 1 Patrick Hepler Kim Bayer-Augustavo Ken Reidy Jim Ogonowski Carl Zapora November 9 Ken Reidy Natalie Seitz Finis Tupper Cheryl Farrish Jim Ogonowski Carolyn Strong Deborah Arthur Rebecca Anderson George Bennett Beth Fleming From: Kathy Brewer Sent: Wednesday, December 8, 2021 10:23 AM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Doherty, Patrick <Patrick.Doherty@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Please remove the streateries and return our public sidewalks and streets. To Council Members and Mayor Nelson, I was unable to speak at last night's council meeting so here are my prepared comments for the streateries' public hearing for public record. First, I would like to say I am in full support of our public sidewalks and streets and you should be too! Edmonds City Council Approved Minutes December 14, 2021 Page 41 Hello, This is Kathy Brewer, Edmonds resident. I would like to address the Council, Mayor and restaurant owners of the streateries. It is the holidays, a time of gratitude and goodwill. It is a time to be thankful and give back what we have received. The restaurant owners were given a generous gift by the City a year and a half ago -- the right to take over public property TEMPORARILY to extend their dining space outside to help them financially through the worst of Covid. After six months, the streateries were granted a one year extension. Dining tents became large, bulky, wood and plastic structures, and tables and chairs on sidewalks appeared to multiply. We lost our parking and our sidewalks shrunk. We have been forced to walk through narrow passageways through restaurants and bars just to walk through town. It's cold and rainy and many streateries just sit empty, taking up space for no reason. With the dreary weather the structures add to the gloom and block the charming storefronts, holiday decorations and water, mountain and ferry views, which we all love about Edmonds. Most people have been vaccinated and choose to dine inside. Others who still want to eat outdoors have many restaurant options in town that offer it on their own property. The owners pay a lot of money to lease the property and pay taxes on it. Many chose their locations because of the ability to offer outdoor dining and pay a premium for it. Please support these restaurants. Finally the year is up and the streateries are scheduled to sunset on December 31st. The restaurants have recovered and are prospering nicely. They have received hundreds of thousands of dollars in PPP and City, County and State grants. I know of one restaurant that has received over one million dollars. With all this help, some owners have gone on to open new restaurants in Edmonds and elsewhere. Good for them! But do they need to continue occupying our public property? I don't think so. Nevertheless, the restaurant owners and their supporters are now asking for yet another extension, and Council will be voting on whether to extend again or not. I say enough is enough. When will it stop? Residents and other business owners have shown kindness and support for the restaurants, but many people are losing their patience. Some are choosing not to go downtown or support these restaurants any longer because they are tired of the streateries. Of course, there are people that want them to remain but they must keep in mind that these structures cannot go on and on sitting on public property. This is not fair. The property belongs to all of us. So I'm asking the restaurant owners and the City to do what's right — remove the streateries. This holiday season, be thankful, show gratitude and goodwill. Give back. And give the best gift many residents would like this year -- our Edmonds back! Thank you, Kathy Brewer Edmonds City Council Approved Minutes December 14, 2021 Page 42