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Edmonds City Council Approved Minutes
December 20, 2021
Page 1
EDMONDS CITY COUNCIL
SPECIAL VIRTUAL ONLINE MEETING
APPROVED MINUTES
December 20, 2021
ELECTED OFFICIALS PRESENT
Susan Paine, Council President
Adrienne Fraley-Monillas, Councilmember
Will Chen, Councilmember
Laura Johnson, Councilmember
Vivian Olson, Councilmember
ELECTED OFFICIALS ABSENT
Mike Nelson, Mayor
Kristiana Johnson, Councilmember
Diane Buckshnis, Councilmember
ALSO PRESENT
Brook Roberts, Student Representative
STAFF PRESENT
Patrick Doherty, Econ. Dev & Comm. Serv. Dir.
Susan McLaughlin, Dev. Serv. Director
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Dave Rohde, GIS Analyst
1. CALL TO ORDER/FLAG SALUTE
The Edmonds City Council virtual online meeting was called to order at 5:00 p.m. by Council President
Paine. The meeting was opened with the flag salute.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present, participating remotely, with the
exception of Councilmembers Buckshnis and K. Johnson and Mayor Nelson.
3. APPROVAL OF THE AGENDA
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED 5-
0-1), COUNCILMEMBER OLSON ABSTAINING.
4. AUDIENCE COMMENTS
Council President Paine invited participants and described the procedures for audience comments.
Council President Paine asked if the Council wanted to limit comments to 2 minutes, noting the plan was
for a 1½ hour meeting. Councilmembers Fraley-Monillas and Chen were agreeable to allowing speakers
three minutes.
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December 20, 2021
Page 2
Janelle Cass, Edmonds, a downtown business owner and resident, was heartfully disappointing that the
two years of compromise to benefit one sector of the economy had been unappreciated. The City has
placed emphasis on equity, diversity and inclusion but the topic of tonight’s meeting, to consider lowering
the original ordinance fee of $4,000 to something that DEMA and the restaurants agreed to, is not
inclusive at all. Obviously eating, socializing and shopping are fun and enjoyable, but the business
community includes so many more businesses than those that participated in the deal. Walking or driving
through Edmonds, one will notice all the diverse business that were not included, doctors, chiropractors,
physical therapists, psychologist, accountants, engineering firms, contractors, banks, real estate brokers,
insurance agents, attorneys, non-profits, financial advisors, hair salons, yoga and exercise studios,
estheticians, barbers, nail salons, commuter repair shops, funeral services, travel agencies, and more.
Those businesses all have employees, bring visitors to Edmond, contribute to the community and have
been impacted by the pandemic. Employees and customers of these businesses are customers of the
restaurants, a symbiotic relationship, but one that has become unbalanced and unfair. Recognizing that
restaurants were especially hurt, other businesses have tolerated this essentially free property over an
extensive time. However, when some restaurants have the extra funds to vastly expand their businesses,
one has to wonder where is the equity for the other types of businesses and where is the equity for
restaurants outside the Bowl?
Ms. Cass continued, those businesses have been gifted the use of public land and they have been able to
expand so they should be able to pay their fair share to offset the harm to other businesses. Many people
are feeling sticker shock by the $4,000 fee for 4 months outlined in the ordinance. Calculating $4,000 for
4 months equates to $16.50 per parking stall per day, less than even parking at SeaTac. An Edmonds
parking ticket for parking longer than 3 hours is $40; therefore the proposed fee is not that unreasonable.
When shopping around for prime commercial space, this deal is better than fair market value. It is
understandable that everyone is concerned about the new variant and transmission of COVID, but
currently Edmonds has an extensive amount of outdoor seating to accommodate those who want to eat
outdoors. Perhaps the true compromise would be to have a need-based assessment for each applicant, just
like the grant applications and PPP loans. If gross sales are down 10% from pre-pandemic and a
restaurant has no other outdoor dining including bistros and sidewalks, then they can apply for a streatery
permit. This would allow the extra help to go to the restaurants that really need it and free up parking for
the rest of the businesses and the public.
Kevin Clarke, Edmonds, expressed appreciation for the Council’s service, recognizing it was a hard job
and took a lot of time. He apologized to City Clerk Scott Passey who is on vacation in Florida, but
communicated with him and Councilmembers at 2:00 this afternoon, indicating there is no fully vetted
Ordinance 4243. It is impossible for the Council to amend something they do not have a copy of. It was
not included in the Council packet and they did not even know what it said until they received it this
afternoon. He found that appalling and a lack of leadership, a Council President who was trying to
manipulate the process in order to meet her needs and her desires to have this done before the end of the
year which is wrong as this needs to be fully vetted. The public record shows the City Attorney was
editing Councilmember Chen’s comments during the meeting and Councilmember Chen had to call him
out, saying that was not what he said and read his motion word for word. The Council needs to stop this
craziness; it is illegal for the Council to amend an ordinance that is not even in law or in the code yet, has
not been attested by the City Clerk, and has not been ratified by the City Attorney.
Second, Mr. Clarke pointed out the Council needed to work together to solve problems instead of all this.
He suggested Councilmember Chen use the carpenter’s rule, measure twice and cut once; seeking to
amend an ordinance he sponsored two days after it passed 4-3 shows lack of leadership and that L
Johnson cornered him and said we need to change this. Third, none of the Council has read Chapter 15
that states all City fees must be paid in advance of the application for the permit. The code does not allow
payments or installments; fees are fees, permits and permits, and this is a fee, not a lease or rental
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December 20, 2021
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agreement. He implored the Council to stop the merry-go-round before it even starts. The Council knows
it is walking on ground that is not legal, not appropriate and the Council President purposely scheduled
this meeting so there would not be a quorum which he found offensive. He suggested doing unto others as
they want done unto them and to use objective criteria.
Louise Favier, speaking on behalf of Daphnes and many other restaurateurs, expressed appreciation for
all the work the Council has done on this subject over the past 1½ years. She recognized it was a
complicated issue; initially the intent was to have a shared benefit for the restaurateurs who suffered and
as well as allow the public to dine outside. Going forward in the time of Omicron, the main focus for the
Council should be whether it is important to offer outdoor dining to the people of Edmonds which it
seems the Council does. Daphnes appreciates the opportunity to be part of that and are willing to pay the
fees the Council assigns. She understood there were many sides to the issue and knew the Council was
working hard to address the issue as thoughtfully as possible.
Erika (and Jeff) Barnett, Salish Sea Brewing, thanked the Council for the opportunity afforded to all the
downtown businesses when the initial ordinance was put in place in response to the pandemic and to
provide safely distanced outside dining for the citizens of Edmonds and allow restaurants to continue to
do business and stay afloat, for which they were very grateful. That was the spirit of this ordinance which
the Council is now discussing in a Let’s Make a Deal fashion, the value of the emergency pandemic
response which does not meet the original intent and spirt of the ordinance. Once most restaurants and the
merchants get through the holiday season, they enter the low season of the year. One of the primary
reason Salish would like to have their outside dining continue is not to have a bazillion people out there
freezing, but because there are still pandemic issues circling the globe.
Ms. Barnett continued for example, the Netherlands just locked down again and the Governor can decide
on a moment’s notice to rescind all interior dining. If that happens and all the outside dining in Edmonds
had been deconstructed, reconstructing them would be a tremendous burden for businesses. The proposal
was provide additional parking downtown to offset the approximately 29 spaces currently occupied by
streateries. Consideration of a longer term valuation of the parking spaces is a program that should be
instituted separately from the existing ordinance. The current valuation of parking in Edmonds is
$35/year; Seattle’s annual fee for a streatery in unmetered parking which would include the same type of
parking as downtown Edmonds is $300/year. If the Council wants to implement a fee, she urged them to
make it consistent with the valuation of such space. Otherwise, the streatery ordinance should be
sunsetted and a new program started that is not tied to pandemic response. The goal is to provide safe
outside dining and they do not believe they should be paying a premium for providing a health service to
the community.
Jim Ogonowski, Edmonds, provided a parenting analogy: if a child throws a tantrum because they don’t
get what they want, does a parent, a) console the child and teach them the proper way to behave and
interact the next time, or b) capitulate and cave into the child’s rant, thus reinforcing the poor behavior? If
the Council capitulates and this amendment goes through, the Mayor and the Council will have made a
sham of the whole legislative process. The new proposed amendment could have and should have been
made last week; but it wasn’t. The compromise voted on last week was fair and sound. This is about more
than streateries; it is about the way the Council conducts business on behalf of the citizens. He urged the
Council to restore the process of legislation to rebuild confidence in City government. Otherwise each and
every decision will be subject to re-voting before the ink is even dry as new children rant and rave. He
suggested using this as a teaching moment and not rewarding bad behavior.
Deborah Arthur, Edmonds, wondered why Councilmembers Buckshnis and K. Johnson were not
present at tonight’s meeting. She said prior to tonight’s meeting, a “meeting canceled” notice flashed on
her screen. She reentered the City’s website and the meeting came back up, something she found odd.
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December 20, 2021
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With regard to the streateries, she asked whether Mr. Passey was an attorney and if what he said was true,
the Council did not have anything to vote on and the streateries would need to be taken down tomorrow.
If the contract regarding the streateries was not valid from a legal standpoint, they may not be insurable.
She agreed with allowing the streateries to remain until the end of May so they would be around for
Memorial Day and Easter activities. She commented many did not see the tree lighting or 4th of July
parade due to the lack of parking. She was prepared to fight to the end to keep the streateries from being
extended beyond the end of May. She commented on the difficulty driving by streateries due to her
height.
Matt Richardson, owner, Canaan Avionics on Main Street, said he walks to work and does not have any
clients in the state so he doesn’t mind that his three parking places are used. The streateries are not being
used a lot by restaurant patrons but they are used by restaurant employees which he considered paying it
forward. He questioned whether outdoor dining was needed for a pandemic response or because the
restaurants had a bad summer. If it was a pandemic response, there is only one standard; kids in school
are not told they can decide whether to wear a mask during a pandemic. Inside dining is allowed and that
is a standard, eating outside is another standard. He said the germs don’t care where someone eats and
there should be just one objective rule. Restaurants are currently able to operate at capacity and he sees
them operating at capacity when walking Main Street three times a day.
Mr. Richardson noted Fire & Feast is interesting because they have streateries on the side of the building
that aren’t used much; patrons use the seating on the street before the seating in the private parking lot.
Las Baristas has a huge outdoor patio that is almost never used but they have a streatery available for use.
On the Q13 piece about Salish, theirs was the only streatery occupied that night, but it was staged
occupancy; when the cameras went away, the occupancy went away. He loves Daphnes and they have
probably quadrupled their capacity. The streateries are actually overflow. He appreciated the sign on
Daphnes’ streatery today thanking the Council, Mayor and community. He said everyone should be
thankful, many have gotten bailout money, the merchants need the parking spaces. He questioned the
reason for the streateries, whether it was the pandemic or overflow.
Patricia Timonen, Edmonds, said the streateries are really unsafe. Trying to navigate sidewalks is
difficult even for an able-bodied person like her; they are full of customers, people waiting in line, servers
and bus people. The sidewalks are not available to anyone who is disabled or uses a cane or walker which
is not really fair. She agreed with previous speakers that the streateries are often empty or occupied by
one person It is difficult to cross the street either in a car or on foot due to the difficulty seeing. For
example at 4th & Main, it is difficult to see until one is well into the street, which is unsafe and an accident
waiting to happen. She worried about a child or a frustrated driver trying to navigate and was concerned
there would be a bad accident that would make the City look negligent. Bottom line she was concerned
someone would get hurt. Extending the streateries six months goes into June when it is summer and
people want to eat outside which will result in another debate. She agreed with the previous speaker that
the streateries are being to sound more like economics for the restaurants; get more people in seats, more
business and more tax income and less like a COVID response. She concluded the streateries are ugly,
they take away from the charm and they are unsafe due to the difficulty seeing around them.
Carolyn Strong, Edmonds, referred to ECDC 16.43.040 which establishes operating restrictions in the
BD downtown business zones. All uses in the BD zone shall be carried on entirely within a completely
enclosed building unless an exception to this local law is provided for, which there is none. This is just
one of many city codes in place regarding the illegal streateries. Another is the deeded land use of the
streets and sidewalks and the giving away of public lands for private use. Edmonds doesn’t seem to care
about code violations, breaking laws and what is in land titles because there never seems to be
consequences for breaking these laws. She proposed extending the ignoring of laws by adding additional
amendments to tonight’s ordinance; bring back A-boards on the sidewalks to help other businesses, allow
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December 20, 2021
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all merchants to take over sidewalks and parking spaces for sidewalk sales whenever it suits them, do
away with 3-hour parking because parking isn’t essential and people should be allowed to park all day in
any space like the streateries do, and only ticket cars parked over 3 hours for 40 cents/hour, the same rate
per hour the streateries are being charged during a 14-hour business day.
Ms. Strong suggested drinking be allowed in public because everyone loves being social and people can
enjoy downtown more. She also suggested allowing food trucks to park downtown as that would allow
for even more outdoor dining. She was unsure where laws begin and end in Edmonds; she was confused
over who gets to do what because it seems laws are picked randomly to be enforced or ignored and
tonight’s meeting is just another example of that. She said Seattle charges $300 per space plus other fees,
but when they aren’t being used, they can be used by the public. She asked if that was the case in
Edmonds, noting it seemed the restaurants got possession 24/7. Edmonds has plenty of outdoor dining;
saying the streateries need to be retained due to the pandemic is ridiculous because if someone is worried
about COVID, they can get their food to go or eat in one of the many existing restaurants with outdoor
seating areas in downtown Edmond.
Howard Fankhauser, Edmonds, supported encouraging patrons to come to the Edmonds area and said
the City does not need a blackeye nationally with this exorbitant fee. He did not support having any fee; if
the City charged a fee, he suggested half of it be given to the food banks and the other half to the
merchants to supplement their employees’ pay or benefits because of the difficulty finding employees. A
vocal minority in Edmonds wants things to remain the way they were 50 years ago, but Edmonds needs a
diverse community and to encourage people to come to the City and enjoy it. He did not have any
problem with the streateries, acknowledging there was a pandemic and no one knows how long the
pandemic will last or how long the streateries need to be retained. He supported allowing the streateries to
bring revenue, people and interest into the City.
Diana LaRoss said the streateries are a matter of public and economic health. She did not live in fear but
was cautious and personally had not eaten indoors since the pandemic began. She has lost too many
friends and relatives to COVID and knew many others have had the same experience. The streateries are
about being in a pandemic and she reviewed charging the restaurants a $2,000-4,000 fee a severe penalty.
Some think the streateries are a matter of aesthetics, but that trivializes the pandemic. She is a senior and
70% of the people dying of COVID are seniors. The streatery fee also penalizes seniors. She was excited
when the streateries opened because people could choose to go downtown and eat and socialize safely.
The reaction to the loss of 29 parking spaces is extreme. Her husband is disabled and uses a cane or
walker and has no problem navigating around the streateries. One of the reasons they live in Edmonds is
people are so nice and will step aside to make room for them. She questioned instituting a fee now when
Omicron is looming, universities are closing, and New York City Broadway shows and restaurants are
closing. Things may be on a precipice, it may not be the time to return to indoor dining or to institute an
economic penalty, especially when the vaccine efficacy against Omicron is unknown. She agreed with the
speaker who questioned putting an end date on the streateries when the end point of the pandemic is
unknown.
Mark Cooper, Edmonds, shared his Facebook post in regard to this situation; as a long time resident of
Edmonds, he posed a question to both sides of this issue. He pays taxes, those taxes went to a COVID
relief fund to many businesses including restaurants in Edmonds. He questioned whether even one of the
restaurants ever thanked the taxpayers? He worked throughout the entire COVID situation and not at
home. Speaking for his neighbors and the rest of the City, he said you’re welcome for all the
accommodations they made for restaurants to survive this situation. COVID will be around for a very
long time and he suggested they change their business plan and stop complaining. This community has
supported the restaurants for at least a full year. He thanked Councilmember Chen for his common-sense
approach and suggested the Council focus on community issues as a whole. He lives near an elementary
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December 20, 2021
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school where sidewalks are needed. The City needs infrastructure and doesn’t need to spend time talking
about wood shacks that shouldn’t be on the streets in the first place.
Daniel Murphy voiced support for the streateries. The $4,000 fee is clearly outrageous and he was glad
the Council was taking steps to amend it. Elected officials and many of the people on the call should be
champions and cheerleaders for small businesses and the restaurant community as businesses and
restaurants make Edmonds great. He was thankful a majority of the community gets along with one
another outside some of the acrimony of Edmonds meetings. It is counterproductive to analyze what
mistakes were made along the way and he suggested focusing on solutions. He agreed with
Councilmember Chen that Highway 99 is overlooked and under-appreciated and suggested diverting
funds from the fee to the Plum Tree fire businesses or setting up weekly outdoor night markets downtown
or somewhere else for businesses impacted in that community. There are a lot of gems on Highway 99
including a lot of the best food. He suggested extending the streateries to get through the pandemic,
establishing a task force of business owners, retailers and elected officials like Councilmember Chen
suggested to examine a long term program for the streateries in Edmonds, and present a recommendation
to the Mayor and Council by the end of March. As a young father of two, they love dining outside in
Edmonds even in the winter and the streateries have been a God-send. He was dismayed to hear
dismissive comments by Councilmembers toward young families like his; their needs, interests and
desires for the community matter just as much as those who have lived in Edmonds for decades. He
thanked the Council for their attention to this issue and looked forward to the outcome.
Finis Tupper, Edmonds, commented the Christmas decorations are fantastic. He read an email he sent to
the Council earlier today so that it would be in the record if he files a lawsuit: The Open Public Meeting
Act (“OPMA”) was enacted in 1971 by the legislature and declared the purpose of law in the most
forceful of terms. The Court has recognized the strong language used in the statue and for requirements of
the law to be liberally construed. The OPMA specifically states “a special meeting maybe called at any
time by the presiding officer of the governing body of a public agency or by a majority of the members of
the governing body….” Not three council members as stated in the Edmonds City Council Special
Meeting Agenda, December 20, 2021. The OPMA provides that failure to comply subjects a member of
the governing body to personal liability in the form of a civil penalty of $500 for the first violation and
$1,000 for the any subsequent violation. While the RCWs conflict, the Optional Municipal Code –
Mayor-Council plan of government statue that states three members of the governing body may call for
Special Meeting. This legislation was enacted prior to the OPMA. The Courts are available for statutory
interpretation in the event of ambiguity. If the language of the statue is plain, free of ambiguity and
devoid of uncertainty, there is no room for construction because the legislative intention in 1971 derives
solely from the plain meaning of the word “majority” not three councilmembers. He said
Councilmembers personal actions will be adjudged as they had knowledge of this violation of the OPMA
and declarations that they did not know will not survive. He wished the Council Happy Holidays.
Kathy Cawte, Edmonds, said they have always enjoyed the special ambiance of Edmonds. She knows
many people and many business owners in Edmonds and agreed with the amendment Councilmember
Chen made on December 16th as the time has come for a $4,000 upfront payment. She would be
extremely surprised if many or any of the streateries would remain after that fee is instituted. They are
downtown a lot, but do not see many people sitting in the streateries even during nice weather. She did
not foresee many people sitting and freezing in the streateries during bad weather even though some now
have heaters. She agreed there were enough places to eat outdoors if someone really wanted to sit outside.
Some of the restaurants with outdoor dining have also erected streateries and some restaurants have done
quite well and expanded their restaurants to other locations. She felt sorry for the retail merchants who
have been very generous but have not had any renumeration whatsoever. The fee of $4,000 is not much
when the analysis by City staff found they are making as much as they were prior to the pandemic. She
supported having the streateries gone by April and she opposed the amendment proposed tonight. She
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asked whether the Council had a secretary that takes notes during Council meetings and whether they had
a parliamentarian who tells the Council whether they were conducting themselves according to Robert’s
Rules of Order.
Denise Cooper, Edmonds, expressed disappointment that tonight’s meeting was occurring when there
were two Councilmembers unable to attend, recalling Council President Paine had said this was the last
meeting of the year so everyone went on vacation, but now an emergency meeting is being held on a
Monday at 5:00 p.m. for streateries. She found it very sad governance and she was super disappointed. If
the Council was really so concerned about outside dining, she suggested the City set up temporary,
covered dining somewhere at the waterfront instead of attaching it to a restaurant. Apparently the intent is
to get more money from the restaurants. She referred to one man who owns five restaurants, opining that
he wasn’t hurting much and was doing okay. She urged the Council to stop thinking about supporting the
few and think about supporting the whole of Edmonds. If people do not want to use the existing outdoor
dining, the City could set up covered seating somewhere. She wished the Council Merry Christmas and
Happy New Year and hoped this issue, which should have been settled last week, could be settled.
Ken Reidy, Edmonds, said some love streateries, others don’t. All citizens of Edmonds are entitled to
their opinions and all opinions should be respected. He hoped everyone agreed that at its foundation, uses
in the downtown business district should be legal and in compliance with the Comprehensive Plan. ECDC
16.43.040 establishes operating restrictions in the downtown business zone known as BD. All uses in the
BD zone shall be carried on entirely within a completely enclosed building; shall means it is mandatory.
Edmonds City Council has established nine exception to this zoning law, one exception is the use of
public right-of-way, public sidewalks for bistro and outdoor dining. He urged Councilmembers to listen,
not look at their text messages, and look at citizens when they are speaking, finding it greatly
disrespectful not to look at speakers. ECDC 17.70.040 says a properly zoned and licensed food or
beverage service establishment may temporarily utilize public sidewalks in right-of-way areas
immediately adjacent to its establishment. He emphasized public sidewalks. The Council has never voted
to establish a 10th exception for streateries; streateries have not been allowed under the zoning laws since
the beginning.
Mr. Reidy continued the Council once again failed to discuss establishing an exception for streateries
during a recent Council meeting held in response to a request made by the Washington Hospitality
Association to continue the streatery program past the sunset date of December 31, 2021. The legislative
process in response to WHA’s request overlooked the City’s operating restriction in the BD downtown
business zone. During a special meeting on December 16th, the Council voted to adopt Ordinance 4243,
but that portion of the December 16, 2021 meeting was so poorly presided over by Mayor Nelson that he
feared not all Councilmembers understood what they were voting on when the main motion was
considered. Ordinance 4243 is not yet in effect as law in Edmonds; the Council cannot amend an
ordinance that is not in effect, it is not a legal possibility. He was unsure what tonight’s meeting was
about and he encouraged the Council to respect the City’s laws.
Heather Damron, Edmonds, said she did not originally plan to speak tonight but after listening, it
became evident that there seems to be some kind of vendetta against a certain restaurant group in
Edmonds. She thanked that restaurant group for keeping over 300 people employed during the pandemic
as well as feeding seniors and children and felt it was unwarranted to treat them poorly. She loves the
streateries and wished they would stay forever even though she knew that was not possible and that they
probably needed to be reworked. The streateries provide a much needed levity and mental health break
for a lot of people to get out, people who are unable to sit in a restaurant. She urged the Council to
consider reducing the cost so more restaurants can do it.
(Written comments submitted to PublicComment@Edmondswa.gov are attached.)
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December 20, 2021
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5. COUNCIL BUSINESS
1. PROPOSED AMENDMENT OF ORDINANCE 4243 – EXTENDING STREATERIES
Councilmember Olson a raised point of personal privilege, stating she will excuse herself from the
meeting. Based on what Mr. Tupper said during his comments, she knew at the time the Council got the
phone call to come to this meeting when it had already been scheduled, that Council President Paine was
not one of the three documented as calling this meeting and that is documented in an email chain that
occurred after that. Therefore, she was not comfortable with the grounds she was on and would not
participate. She apologized for leaving.
Councilmember Olson left the meeting at 5:54 p.m.
Councilmember Fraley-Monillas said, “technically I suppose I was the fourth that found out about coming
to the meeting that we were going to have a meeting.” She did not think it was correct to say that only
three knew because there was a fourth which was her.
Council President Paine said, “technically I would be the fourth because I was the one who also agreed to
come to the meeting when I had enough.”
Councilmember Chen referred to Mr. Tupper’s comments, three Councilmembers are not at the meeting
and this is a very contentious issue. It shouldn’t be, Edmonds has had businesses burn down and Highway
99 has a lot of crime, there is an over $10 million investment in Civic Park in the coming year, and there
are a lot of issues the Council needs to pay attention to. As this situation progresses, he said he was not
comfortable continuing with this meeting when half the Councilmembers were not available.
Council President Paine asked if this was an illegal meeting. City Attorney Jeff Taraday answered in his
opinion it was not, but he was unsure that entirely answered Councilmember Chen’s concern which goes
beyond the legality of the meeting because part of his concern is the attendance at the meeting, not
whether it is legal or not. Mr. Taraday said his understanding from having conferred with the Council
President over the weekend was there were four Councilmembers calling for this meeting. He did not
independently confirm that, but that was his understanding of the facts from having talked to the Council
President.
Mr. Taraday continued, as Mr. Tupper stated, four Councilmember can call for a special meeting so the
Council was not relying on the RCW 35A.12 provision that was pointed out; there are apparently four
Councilmember who called for the meeting. Most importantly, the meeting was properly noticed as far as
he knew and if anyone knew of facts or concerns having to do with the notice, he invited them to bring it
to his attention. Everything he has heard is the meeting was properly noticed within at least 24 hours. As
far as the public is concerned, that is the way the public is informed about special meetings. It is for the
public’s protection that notice is done within 24 hours and he had not heard anyone suggest that wasn’t
done. He summarized he was not concerned about the legality of the meeting from a notice standpoint.
Councilmember Fraley-Monillas expressed concern that this was not first meeting that Councilmembers
Buckshnis and K. Johnson have boycotted in the last month; there was another meeting called that they
refused to attend. It was her understanding one of the Councilmembers was at a Christmas party and the
other Councilmember probably could call in as far as she knew from the medical treatment that was
occurring at this point. She said Councilmember Olson was setup to leave the Council meeting to try and
make it less and less and she did not believe that it was Mr. Tupper’s comments that led to it as Mr.
Tupper talked about OPMA and Mr. Taraday said it was a legal meeting. She was sorry Councilmember
Olson believed a citizen who was not an attorney over an attorney which she felt was a problem in itself.
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The Council has an obligation to citizens to work through this tonight. The fact that people are taking
time off to go to Christmas parties; she pointed out she called in from the east coast last month.
Council President Paine pointed out there were only 30 minutes remaining in the meeting.
Councilmember Fraley-Monillas said she has a statement to make and it was her right to have time to
speak. She continued, if she could call in from the east coast with a three hour time difference, there was
no reason others couldn’t do the same. She reiterated this was a setup. It was her understanding that
Councilmember Chen was the one who wanted to relook at this first and then others started feeling it. She
noted $4,000 was a lot of money. A lot of people have been talking about $16.50/day. There is another
problem with public parking; residential downtown parking is $35/year per parking space to be able to
park overnight. This should also affect people who feel parking spaces in front of their houses were their
own spaces but they are not charged a fee. If the intent is to charge for parking spaces occupied
downtown, the same needed to be done for those who purchase a parking permit. Seattle charges
$300/year and Edmonds is charging $4,000. Businesses have indicated they cannot afford $4,000. She
said these were all issues that needed to be addressed tonight but could not be if Councilmembers chose
not to participate in the meeting because three Councilmembers were not present. She summarized one
Councilmember left voluntary and another is at a Christmas party.
Councilmember Chen acknowledged he was the person who was willing to reconsider Ordinance 4243;
the main driver was his wife, who is a teacher, told him on Friday that 41 students in the high school had
contracted COVID in the last week. However, there was some communication on Twitter saying that
three Councilmembers were willing to reconsider the ordinance; there were three to begin with and later it
became four which he believed was tricky. For that reason and now because half the Councilmembers are
not participating, he was not comfortable continuing even though he was one of the people to initiate it.
Councilmember L. Johnson pointed out the agenda item states Susan Paine is lead staff and then states
three Councilmembers. Clearly if Susan Paine as Council President is lead staff and then there are three
Councilmembers, that makes four. This item would not be on the agenda if the Council President did not
agree to it so there were four Councilmembers.
Councilmember Chen pointed out on Twitter, there were three to begin with.
Council President Paine asked Mr. Taraday how many Councilmembers it would take to pass anything
tonight. Mr. Taraday said four Councilmembers are required to adopt an ordinance. He requested Council
President Paine state for the record which four Councilmembers called for this special meeting. Council
President Paine said she heard from Councilmembers Chen and L. Johnson, she was interested and early
in the weekend Councilmember Fraley-Monillas expressed an interest in bringing it back because it was
something she was dissatisfied with. Mr. Taraday said it was important for the public to understand which
four Councilmembers called for the meeting. Council President Paine suggested allowing Councilmember
Fraley-Monillas to speak and then poll whether to move forward.
Councilmember Fraley-Monillas said it was not a matter of polling whether go forward, it was a vote. If
Councilmember Chen chooses to vote no, that is his civic right. There are staff present and 80 people on
the participation list is a pretty good turnout. She cautioned against listening to Twitter and Facebook
because it is not factual much of the time and often is rumor from person to person.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT
PAINE, TO CHARGE BUSINESSES $1,000 FOR THE NEXT 5 MONTHS UNTIL MAY 31ST.
Councilmember Chen said with half the Council not present, he was not comfortable moving forward.
Edmonds City Council Approved Minutes
December 20, 2021
Page 10
Councilmember Fraley-Monillas said it was Councilmember Chen’s right to vote no. This was set up
properly and everyone is anxious to do it and she would hate to see moving forward that a few
Councilmembers not attending a meeting can stop City business. She expressed concern that
Councilmember Olson left the meeting based on a private citizen’s comment.
COUNCIL PRESIDENT PAINE WITHDREW THE SECOND.
Councilmember L. Johnson said the tweet was from her and it was copied directly from the agenda item.
She apologized if that cause any confusion, but it was the simplest way for her to communicate what the
Council would be discussing without putting her own spin on it. Reading the agenda it is clear that there
is Susan Paine and three others. The whole point of the streateries was to save restaurants and protect
public health so it doesn’t make sense to make it harder or impossible for some to continue, especially
now just as Councilmember Chen said, with an extremely transmittable variant spreading very fast. If the
Council leaves here today, they are missing an opportunity to allow all the streateries to remain. Right
now $4,000 is only doable for a few. By not staying today and not making changes to the fee,
Councilmembers will be saying that they do not think protecting public health through the streateries and
keeping them afloat is a priority. No one knows what’s coming, there may be additional restrictions
coming. Some countries have already shut down and the need to keep these measures in place is clear.
This is about the continued response to a current health emergency. This is an opportunity for the Council
to do better than they did last week and if they back out, they are missing that opportunity, telling
constituents that it is not important enough to stay and do right by them.
Councilmember Chen said that was one of reasons he expressed interest in reconsideration at this special
meeting. At this point, half of the Council represents 50% of the population of Edmonds. The streateries
are not COVID, not a hospital, it is just a place for people to eat. They do help but they are not like the
vaccine. As he discussed with Mr. Taraday prior to the meeting, it takes four votes to pass an ordinance
and he was not comfortable voting under these circumstances.
Councilmember Fraley-Monillas restated the motion:
TO CHARGE THE BUSINESSES $1,000 BETWEEN NOW AND WHEN THIS IS EXTENDED TO
WHICH I BELIEVE IS MAY 31ST. COUNCIL PRESIDENT PAINE SECONDED THE MOTION.
Councilmember Fraley-Monillas said $1000 would be much more affordable for many of the restaurants
that do not have a lot of seating. Council President Paine clarified that would be $200/month.
Councilmember Fraley-Monillas said as she would not be on the Council next year, the Council could do
whatever they wished, ask for $1000 up front or $200/month.
Councilmember Chen said, “the tweet is out there, it states three so we’re waiting for lawsuits to come to
us and I don’t think that’s the price that our Council wants to pay.”
Councilmember Fraley-Monillas raised a point of order, asking the City Attorney to weigh in on whether
it was a lawsuit waiting to happen because it said on Twitter that three people wanted it. She did not want
misinformation. Mr. Taraday said he did not understand the question. Councilmember Fraley-Monillas
asked if there was a risk of being sued because of what was put on Twitter that three people wanted to do
this. Mr. Taraday said he had not seen what was on Twitter so he was unable to comment. Council
President Paine ruled point not taken.
Councilmember Chen said he had seen it and would leave the meeting now.
Councilmember Fraley-Monillas said she wished he would not do that.
Councilmember Chen said he was not comfortable voting and it take four votes to pass an ordinance.
Edmonds City Council Approved Minutes
December 20, 2021
Page 11
Councilmember Fraley-Monillas asked if Councilmember Chen could abstain from voting. Mr. Taraday
said the Council would not pass an ordinance tonight without Councilmember Chen’s vote.
Councilmember L. Johnson suggested in looking at the agenda item, Councilmember Chen could see that
it lists lead staff as Susan Paine and the narrative says three Councilmembers would like to amend; Susan
Paine in writing the narrative makes the fourth. She struggled to understand why Councilmember Chen
chose to go off a tweet versus the information stated on the agenda item. The tweet was taken from the
agenda memo and she was challenged to understand why he was choosing to base this off a tweet taken
from an official document that led to this meeting.
Councilmember Chen said Twitter, Facebook, all kinds of social media are written documents and
evidence. He cautioned the Council that it was not worth the risk as they have their fair share of lawsuits
already.
Councilmember Fraley-Monillas asked if passage of an ordinance required a majority of the Council or a
majority of the Councilmembers present. When the meeting started, there were five Councilmembers
present. Mr. Taraday referred to the last sentence of RCW 35A.12.120, which states the passage of any
ordinance…shall require the affirmative vote of at least a majority of the whole membership of the
Council. In other words, every single ordinance that passes requires four votes regardless of how many
people are at the meeting.
MOTION FAILED (3-1) FOR LACK OF A MAJORITY OF THE COUNCIL, COUNCILMEMBER
CHEN VOTING NO.
Councilmember Chen said Mr. Taraday’s comments were clear and he was not comfortable proceeding.
Council President Paine asked Councilmember Chen if he planned to stay at the meeting or excuse
himself. Councilmember Chen said he will leave the meeting. Mr. Taraday advised if Councilmember
Chen leaves, the meeting is essentially over as there will not be a quorum. There is nothing left to be
accomplished to tonight if Councilmember Chen will not vote on any ordinances so the Council may as
well end the meeting.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
CHEN, TO ADJOURN. MOTION FAILED (2-2), COUNCILMEMBERS CHEN AND FRALEY-
MONILLAS VOTING YES; AND COUNCIL PRESIDENT PAINE AND COUNCILMEMBER L.
JOHNSON VOTING NO.
6. ADJOURN
Councilmember Chen excused himself from the meeting at 6:20 p.m. and due to the lack of a quorum, the
meeting was adjourned.
____ ____
MICHAEL NELSON, MAYOR SCOTT PASSEY, CITY CLERK
Edmonds City Council Approved Minutes
December 20, 2021
Page 12
Public Comment 12/20/21 Council Meeting:
From: Angie Lloyd
Sent: Monday, December 20, 2021 7:36 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: In Support of Affordable Streateries
Hello,
This is email is to express my support of the ongoing streateries, if an much more affordable fashion
then the current $4,000 fee (which is insane). As a long time Edmonds resident with children, one who is
too young to be vaccinated, the only way I feel safe eating out is outdoors. We are in the middle of an
ongoing public health crisis. We should be supporting our businesses that offer safe options, not
penalizing them.
Thank you,
Angie Sullivan
From: Stephanie Westling
Sent: Monday, December 20, 2021 12:50 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: StrEATeries
Hello Council,
I understand you will be holding a special meeting tonight to discuss this topic again. I am very happy to
hear this news.
Like many residents, I was so disappointed with the outcome of last week's meeting. I was astonished by
the fact that our local businesses participated in the conversation with a recommendation via DEMA but
that recommendation was clearly not considered. I'm not sure where the disconnect is but this council
seems very detached from the needs of our local businesses and our community. This is a time to
support and uplift not hinder and hurt businesses that are struggling during unprecedented times.
In addition, I was also disappointed to hear council members indicate that they only represent a certain
portion of our community. I hope I misinterpreted those statements. As elected officials, you represent
all members of our community, not just the senior population. We have to find a way to listen to ALL
and do better. We are neighbors and we are responsible for this community. We must do better.
Please help lead the change. Please encourage constructive conversations. Please show the public that
we can do better. Let's put Edmonds in the headlines for being a community that listens, respects, and
encourages each other.
Happy Holidays and Merry Christmas,
Edmonds City Council Approved Minutes
December 20, 2021
Page 13
Stephanie Westling
From: Perry Janssen
Sent: Monday, December 20, 2021 12:00 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
Dear Council members,
I am a concerned citizen of Edmonds. The streateries have been vital to the emotional, financial, and
social health in Our communities. If anyone has been downtown in the past weeks, you can see that
there is so much enjoyment and The places are packed. Charging 4000.00 in a time where we are trying
to keep our community going during a pandemic that shows no Signs of stopping is shocking. We need
these for our community on multiple levels. Please listen to the majority as polls have been taken And
the press have made it clear that these are needed. I have never found it difficult to part or walk on the
side walk or enter into retail.
On another note:
It has honestly been disturbing to watch the city council.
As a psychotherapist, it has appalling watching the lack of healthy communication from adults.
Do you realise that the citizens here are watching, commenting, and seeing the behaviour go on.
You are elected officials and a representation of this community. It is embarrassing and stunning to See
the council behave this way. We need to remember civil and adult discourse.
Thank you
Perry Janssen
From: George Moore
Sent: Monday, December 20, 2021 1:15 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries comment...sent Monday 12/20 at 1:15pm
Hello Council,
Our family has lived in Edmonds for almost 20 years and we LOVE seeing all the additional
restaurant choices. I believe the streaterias are a draw for our town, I know our family
appreciates them. As the Omicron variant descends upon us I believe streaterias should stay as
they provide a value to those who are hesitant to eat indoors.
Thanks for letting me submit public comment on this issue.
Edmonds City Council Approved Minutes
December 20, 2021
Page 14
Fondly,
Bethany Moore
From: Jim Hammerand
Sent: Monday, December 20, 2021 3:01 PM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Edmonds streateries are vital for public and economic health
To Mayor Mike Nelson and members of the Edmonds City Council,
I’m writing in support of streateries to help residents and businesses survive and thrive. I oppose a fee
increase to $2,000, unjustifiably high above other cities and a cash transfer from restaurants to parking
lot landlords even if spaces aren't used.
My wife and I live and work here as we raise a third generation of Edmonds residents. We have endured
the pandemic with one child too young for masking or vaccination (born May 2020) and now another
(born one month ago today). Streateries give us safe places to relax with meals we don’t have to
prepare, where we can support businesses and employees without undue risk, and share time under a
roof with our friends — many employed at hospitals — in a safer way than hosting at home.
This is a public health emergency, with another highly contagious variant and more to come. My wife
and I are vaccinated and taking every precaution on behalf of our young, old and otherwise vulnerable
neighbors and family. We wear masks and avoid crowds and poorly ventilated public spaces. We
monitor our children for fevers. Our toddler shares a classroom at daycare with kids who have their own
families constantly considering the same survival risks as an airborne virus kills more than 1,000
Americans each day.
This is an emergency for the economy. The pandemic has threatened downtown restaurant and retail
jobs and sales tax revenue that takes pressure off homeowners. Streateries help, especially as e-
commerce takes sales from our favorite shops. Streateries let restaurants keep our neighbors employed,
buy more from local suppliers with their own workers, and draw diners inside downtown storefronts.
This emergency requires immediate action. If each of you had the power to ramp up COVID testing,
vaccinations and treatment, none of you would hesitate. You don’t have that power. But you do have
the power to help Edmonds residents and businesses get through the long months and years ahead.
I understand the desire to return to the way things used to be. Parents and families wish for that every
single day. And we understand the value of parking and accessible sidewalks as we push strollers and
watch for cars downtown in exchange for a chance to break up our daily pandemic routine.
Edmonds City Council Approved Minutes
December 20, 2021
Page 15
The world is changing in many ways and I believe we all want what’s best for our future. Edmonds voters
have chosen you to weigh differing visions.
I have faith in you because I have faith in democracy and faith in the residents of Edmonds to voice their
opinions, engage in good faith public debate with transparency, and work together to ensure people
want to live here, whether they’re working, raising families or enjoying retirement.
Thank you for your service and your attention to this matter.
Jim Hammerand
Edmonds
From: Pam Brisse
Sent: Monday, December 20, 2021 3:37 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Lowering the fee for streateries
I was appalled to hear that four council members voted to impose an immediate $4000 fee on
restaurants with streateries who wanted to continue their permits into April of next year. It looks to me
like a plan to end the streateries without taking direct blame. This goes against what the results of the
city survey showed residents desired, goes against the majority of public comments, and was twice as
much as the local business owners suggested in their letter.
I fully support amending this ridiculous fee to a lower amount and allowing restaurants to make monthly
payments instead of forcing them to take out loans with interest, or forcing them to remove their
outdoor seating all together. I also support extending the permits through Memorial Day, at a
minimum.
The streateries are popular and the pandemic is surging again - there is no reason to force restaurants to
remove them making dining more unsafe for both patrons and servers. If our vibrant restaurant scene
dies, retail sales will also decrease, and it will be the fault of city council members voting against our
small businesses and the safety of our community.
Please vote to support the amendment that is more fair to businesses owners and will allow them to
continue through this latest covid surge.
Thank you,
Pam Brisse
Edmonds Resident
From: Scott Hurst
Sent: Sunday, December 19, 2021 10:41 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Edmonds City Council Approved Minutes
December 20, 2021
Page 16
Cc: Johnson, Laura <Laura.Johnson@edmondswa.gov>
Subject: Streateries
Hello,
I’ve lived in Edmonds for 6.5 years. For five of those years we lived downtown, and now live outside the
bowl but frequently visit downtown with our two young children. One thing I always appreciate about
Edmonds is how lovely and lively the downtown is. Streateries contribute to and enhance the liveliness
of downtown.
It seems those opposed to the program have two main complaints, the way they look and their impact
on parking. While admittedly the streateries are not architectural marvels, the alternative use of the
space are cars. I would argue that these structures are no less attractive than a car parked in the same
space. If streateries were gone would those opposed to streateries suggest we regulate what kinds cars
can be parked in those spaces in the name of keeping downtown beautiful? Of course not.
This brings me to the next common complaint: Parking. We do not have a shortage of parking in
Edmonds. You may have to park around the corner from your destination, but I would suspect most
people walk further when they park at Costco than they do when they park downtown. If mobility is
truly the issue here let’s designate more street spaces for those with disabled permits.
I hope the city council sees the value that streateries bring to Edmonds. Thank you.
Scott Hurst
From: Stephen A. Fesler
Sent: Monday, December 20, 2021 7:13 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Reduce The Streateries Fee
The streateries fee amid a pandemic was always a boneheaded policy. The sponsor, Chen, made a grave
error and should apologize for the clumsy policy. Frankly, no fee should be charge during the pandemic.
But whatever the case, the fee is far too high and must be reduced. --
- Stephen
From: me
Sent: Monday, December 20, 2021 11:29 AM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>
Cc: Fishingals@gmail.com
Subject: ATTN; CITY COUNCIL FOR STREETERIES - special meeting 12/20/21
Edmonds City Council Approved Minutes
December 20, 2021
Page 17
Dear Edmonds Council & MAYOR NELSON:
I would like my comments attached here to be part of the public comments at tonights meeting and any
others regarding the streeteries here in our City of Edmonds: I’ve also attached a PDF for you to save or
file for tonights meeting.
IF there is anything else that you need or is required, please advise.
12/20/2021 - Edmonds Streeteries
I URGE YOU to think about what you are doing by continuing to allow these streeteries to be taking up
public parking to all residents and visitors of Edmonds. It is time to stop!
They should be completely removed, they are not only a nuisance, but dangerous and unneeded, NOT
environmentally friendly.
DOES EDMONDS REALLY CARE ABOUT THE ENVIRONMENT? GREEN HOUSE GASES?
Green house gases with all the propane heaters:
https://www.washingtonpost.com/climate-solutions/2020/12/11/climate-curious-heaters/
Please note:
Burning propane emits roughly 135 pounds of carbon dioxide per million BTU, according to the EPA. If
you ran your patio heater for 5 hours a week over the course of three months, you'd generate about
as much carbon dioxide as driving a car 450 miles.
1. IF a person wants to go to a restaurant they can either sit inside or if not feeling safe by doing
so, get it to go.
2. If a restaurant has a streeterie and also they have a 15 minute pick up zone, why is that
necessary. That too is taking our public parking spots away.
3. The streeteries are DANGEROUS, I have photos I will be happy to share, that shows the
streeteries that are on the line or just over the line, as a parking space they should be inside the
line, not on or over. Do you agree?
• Dangerous as people are walking or crossing the street and you do not see them, it’s already
hard to maneuver the downtown streets at night and in the dark when everyone feels they can
walk without looking or waiting
Edmonds City Council Approved Minutes
December 20, 2021
Page 18
•
Dangerous, are not safe for those using them, again Dangerous, if a car were to run into one, those
little or no stops will not stop a car, we are lucky that has not happened yet. OR if it did was not
publicized.
4) UNFAIR:
The restaurants that their business motto is carry out and no inside seating still has 6-10 outside
tables/streeteries, is that fair?
The some use their own parking spots to add to the streeteries, therefore taking away from their inside
guests parking and limiting again the public parking.
It’s obvious what restaurants are doing this. Is there any type of compensation for that?
UNFAIR: That restaurants that are only open till mid afternoon can have the streeteries up in the
evening as well, taking up space for people and restaurants that are open at night.
UNFAIR: That if streeteries would be allowed it should be a percentage of the inside seating and be fair
to each restaurant, a restaurant that seats 50 vs 4, there should be a percentage to each and every
restaurant. Not unlimited and as much as they can get.
UNFAIR: Those restaurants that already have outside seating should not be allowed to have the
streeteries as well, nor should the togo restaurants be allowed to have the streeteries.
UNFAIR: Unfair to all the residents and visitors that they have to either walk a mile or pay for parking
and even that is limited.
UNFAIR: To the Elderly, those that may want to frequent a shop, store or restaurant and can not park in
front or nearby
UNFAIR: to those with physical limitations/handicapped
IF; restaurants are allowed to do this, they should be charged and charged handsomely. Originally you
voted $4000 for 3 months, now it’s $2000 for 5 months! That is equal to $13.33/day, hardly
anything! It should be a minimum of $4000/mo = 133.33 a day. AND THEN SOME!
Edmonds Resident since 1996 - KMP
From: Autumn Waite
Sent: Monday, December 20, 2021 10:56 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
Edmonds City Council Approved Minutes
December 20, 2021
Page 19
I will keep this brief. As a young family, and nearly 36-year resident of Edmonds, I am extremely
disappointed that members of this City Council continue to ignore that this pandemic is far from over. I
have two young children with asthma, one of which cannot be vaccinated yet. To think that we are
anywhere near dining inside is absurd.
You know what else is absurd? A fee of $4,000 (or even $2,000) for a few months of using a few parking
spots. Look around the state and see that no one else comes close to charging anything like this.
Please reconsider charging any additional fees at this time, and look at how to continue the streateries
into the future (and forever in my opinion).
Thank you,
Autumn Waite
From: Daniel Murphy
Sent: Monday, December 20, 2021 10:23 AM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Cc: Monillas, Adrienne <Adrienne.Monillas@edmondswa.gov>; Chen, Will
<will.chen@edmondswa.gov>; vivan.olson@edmondswa.gov; Johnson, Kristiana
<kristiana.johnson@edmondswa.gov>; diane.bukshnis@edmondswa.gov; Paine, Susan
<Susan.Paine@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>
Subject: Please Amend the Streeteries Ordinance
Dear Council,
Thank you for reconsidering the ill conceived $4000 fee on our local restaurants. The timing of this fee
couldn’t be worse—with a new variant headed our way, now is not the time to be putting up barriers to
outdoor dining.
Furthermore, the $4000 fee is an outrageous price gouge on local, small business owners. Elected
officials should be the biggest champions and cheerleaders for these businesses, not saddle them with
arbitrary fees that hurt their bottom line during a pandemic.
It’s counterproductive to analyze and complain about how and why we got here, and the mistakes made
along the way. Instead, it’s time to come together with a solution that meets the needs of the majority
of this great community. I humbly submit these suggestions for a more thoughtful, balanced approach
to streeteries:
1. $500 fee per business for an existing, code-compliant streetery through the end of the summer (Labor
Day).
2. Collected fees would be directed to support assistance to businesses impacted by the Plum Tree Fire
on Highway 99.
3. City would also establish 5 outdoor weekend festivals in Edmonds, reserved for Plum Tree businesses
and restaurants to serve the Edmonds community.
Edmonds City Council Approved Minutes
December 20, 2021
Page 20
4. Task force (business owners, retailers, elected officials, etc) to examine the whether and how to make
the streeteries permanent with a recommendation to council and mayor due by 4/1/2022.
As a young family and father of 2 adorable twin girls, we love dining outside in downtown Edmonds,
even in winter! The streeteries have been a godsend, giving us a safe place to eat, and enjoy a little
normalcy during a challenging year. Furthermore, I was dismayed to hear how dismissive some on the
council were to the needs of young families like mine. Our needs, interests and desires for this
community matter just as much as those who’ve called Edmonds home for decades.
Thank you for your consideration, and I’ll be closely watching tonight.
All the best,
Dan
From: Stacy Christ <stacy.christ@gmail.com>
Sent: Monday, December 20, 2021 10:01 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Cc: Johnson, Kristiana <kristiana.johnson@edmondswa.gov>; Chen, Will <will.chen@edmondswa.gov>;
Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Olson, Vivian <Vivian.Olson@edmondswa.gov>;
Monillas, Adrienne <Adrienne.Monillas@edmondswa.gov>; Paine, Susan
<Susan.Paine@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>
Subject: Streateries
Hello,
I am writing in support of decreasing the proposed up front $4000 fee for the downtown
streateries. The public already recoups 10% of all sales from street cafes via sales tax. The current high
fee will only mean high margin restaurants will be able to afford the fee, which isn’t equitable to our
small mom and pop restaurants who have been hit the hardest by the pandemic. The streateries were
overwhelmingly supported as evidenced by city and media surveys, public comments, and the business
association —this should have been supported by all council members acting in the best interests of
their constituents. Additionally, there has been no explanation to the public of what the leased parking
lot actually costs.
The pandemic isn’t over yet, I personally know more people who have contracted Covid in the past
month than I have during the entire course of the pandemic —and they were all vaccinated. Rapid at
home tests are sold out everywhere in town and it takes days to schedule a PCR test in the area. Our
citizens are still very much concerned about Covid. The streateries outdoor dining options provide a
meaningful way for citizens to safely support downtown businesses.
Sincerely,
Stacy Christ
Edmonds City Council Approved Minutes
December 20, 2021
Page 21
From: Jim & Shanna England
Sent: Sunday, December 19, 2021 7:36 PM
To: Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Olson, Vivian
<Vivian.Olson@edmondswa.gov>; Monillas, Adrienne <Adrienne.Monillas@edmondswa.gov>; Johnson,
Kristiana <kristiana.johnson@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>;
Nelson, Michael <Michael.Nelson@edmondswa.gov>; neil.tibbott@edmondswa.gov; Public Comment
(Council) <publiccomments@edmondswa.gov>; Paine, Susan <Susan.Paine@edmondswa.gov>; Chen,
Will <will.chen@edmondswa.gov>
Subject: Streateries are no longer needed, but Dec 16 vote is good compromise - as is.
This is Jim and Shanna England, we are citizens, homeowners, and taxpayers of Edmonds, with no
affiliation to any restaurant or other business.
Please live by your vote December 16, 2021 regarding Streateries. It is fair and equitable for all parties.
- Council needs to be fair to all businesses, that includes all restaurants, all retail, and all businesses, not
a select 17 restaurants in a select area. Streateries were temporarily offered to assist at a time indoor
capacity was restricted by State mandate. These restrictions were removed June 30, 2021.
- Continuing Streateries is a profiteering land grab by a few (17) restaurants/bars and the restaurant
lobbying association.
- Give us our streets and parking back, that the public paid for! The general public needs them.
- $4000 is a fair compromise, restaurants were already offering up to $3000 during this time period
through April 2021.
- $4000 is an option for restaurants. They have the option to not use our streets and go back to using
their buildings they are paying and set up for.
- $1000/mo is much less than market rate for building space on Main Street.
- If Covid is such a concern to Nelson, Paine, Monillas and L. Johnson, then you should be proposing
restrictions of 25-50% capacity in these restaurants along with vaccination record checks, with violators
severely penalized.
- If Covid is still impacting the restaurants so much, let’s have Shubert Ho open his books to
us. Apparently he is hurting so bad, he had to open up a few more restaurants in Edmonds during
Covid!
And, a side note, on the City of Edmonds website states for public hearings and comments at council
meetings:
“When you speak to the council:
-for the record give your name, city you live in, and your group affiliation, if applicable”
Edmonds City Council Approved Minutes
December 20, 2021
Page 22
Mayor, when you call on individuals for comment you should/shall require they give the information
requested above before their comment. If they do not, they are not allowed to comment. It is important
to know, especially in regards to this topic, there are people commenting pro Streateries that have
special interests outside the general citizens and taxpayers, who are affiliated with these 17 Streateries
as either ownership, staff, restaurant association/marketing consultants, or some not even citizens of
Edmonds.
Thank you for your time.
Jim and Shanna England
From: Mary DelRe
Sent: Sunday, December 19, 2021 4:01 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streeteries Amendment
Dear City Council Members,
As senior citizens and Edmonds residents we commend the city council on bringing this amendment
forward. The streeteries are a valuable asset during these pandemic times. Despite some on the council
who think the pandemic emergency is over, that is not the case. We have a new variant that is sweeping
the world and as we all know, the state of lockdowns and requirements
can change rapidly. We urge the city council to take this into account. We actually believe there should
be no charge but we were pleased when the merchants and restaurant owners came together with a
joint proposal before last weeks meeting.That the city council rejected their proposal and passed the
$4000.00 upfront fee was shocking. Frankly, we were embarrassed by how this makes the city of
Edmonds look. Edmonds has become a thriving, fun, diverse place to be because of the influx of new,
impassioned businesses that love the city and want it to continue to grow. That is what keeps places
alive! Pandering to a few who think parking is the primary reason people come to a place does not seem
conducive to a thriving downtown. Besides the fact that there is always parking to be found on
surrounding streets if not on Main.
Please pass the amendment to allow the streeteries to continue until May 31st with a fee of $2000.00
which may be split into monthly payments.
Thank you for your time,
Mike and Mary DelRe
Edmonds 98020
From: Laurie Cooper
Sent: Sunday, December 19, 2021 3:42 PM
Edmonds City Council Approved Minutes
December 20, 2021
Page 23
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
Please adopt the amendment that would make the streatery payment $2000, payable in installments. If
I were in charge, I would say no payment whatsoever, but this is the middle ground.
Despite what some council members and a vocal minority are saying, the pandemic is not over.
Netherlands is back to lockdown, UK residents restricted on entry to Germany and France. Rates here up
50% last week according to King County Public Health. Omicron is here and spreading.
When surveyed, residents overwhelmingly approved of the existence of streateries. Why did the council
adopt such a punitive measure? Didn’t the merchants and restaurants come together and suggest a
compromise of approx $2,000?
While I don’t love the look of the streateries, they are temporary. We are in a pandemic. When
sunsetting of the this was discussed, who would have foreseen a new, highly tranmissable variant? I can
live with the look of them knowing that I at least can visit the restaurants I want and not compromise
my health. I am many years into Medicare, who is listening to this elder???j
Laurie Cooper
Edmonds voter
From: Brittany Dean
Sent: Sunday, December 19, 2021 3:38 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streeteries
Dear council members,
Please consider reducing the fee for streeteries. With omicron cases increasing, it is vital to our
downtown and our citizens to have safe options for gathering and enjoying our great businesses.
I wonder if we might consider a campaign to put out some thoughtful signage or a PR campaign to
encourage those of us who can, to park a little further from the main streets, and thereby leave more
spots accessible to folks who are a little older, have young children, are pregnant, etc. I would happily do
this, and will start doing it, but I'm ashamed to say that I hadn't really thought to do it before.
Please vote to reduce or eliminated the streetery fee.
Thank you,
Brittany
From: Chris Kelley
Sent: Sunday, December 19, 2021 12:41 PM
Edmonds City Council Approved Minutes
December 20, 2021
Page 24
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: I'm in full support of the streateries and the proposed amendment
Dear Edmonds City Council,
I understand you will have a special meeting on Monday, December 20, to consider an amendment to
the recently updated ordinance regarding streateries.
I am in full support of the proposal to reduce the fee from $4000 to $2000, extend the program until
May 31, 2022, and to allow monthly payment of the fee.
To be clear, I would have preferred an extension to the program without altering the original fee
structure but I believe the proposed amendment to be far better than the ordinance as currently
enacted.
As a 28+ year resident of the Seaview neighborhood of Edmonds, I cherish our downtown and have
appreciated the rebirth and renewal of the central business district over the years. My family and I
rarely need to look beyond our own city for excellent dining and drinking options.
The COVID-19 pandemic that required the original emergency ordinance for the streateries is most
definitely not over and there's growing evidence that the coming months may be worse than we've
experienced so far. I am a frequent visitor to the restaurants downtown and value the option to eat and
drink outdoors. Now is not the time to cut back the program, either by prematurely sunsetting the
streateries or by setting fees prohibitively high.
As I've done over the past many months, I'll be tuning in Monday with hopes that the proposed
amendment passes unanimously.
Best wishes,
Chris Kelley
From: Whitney Strong Popa
Sent: Sunday, December 19, 2021 10:03 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Edmonds StrEATery Public Comment
Hi Counsel and Mayor Nelson—
Whitney Popa, Edmonds resident, fan, and engaged citizen here. I'd first like to thank the group who
called this special meeting. It's clear more thoughtful math needs to be done and more time needs to be
taken to fully understand the intricacies of our downtown economy, especially as we enter year three of
a global pandemic that is making pretty much everything difficult to survive.
I'm not going to comment on the parking argument beyond saying I firmly believe "parking" is a
metaphor for power in this town. I understand that change is hard. I also understand—from my former
career as a social media manager—that some of the change downtown restaurants have brought to our
downtown has single-handedly buoyed our little local economy. If you're curious what I mean by that,
Edmonds City Council Approved Minutes
December 20, 2021
Page 25
just ask someone in your life who is Instagram savvy to explain to you why Mar*Ket has over 10,000 real
followers on Instagram. People have driven from out of state for that viral lobster roll.
Mar*Ket is just one example.
Edmonds has become a destination for people to shop and dine. I haven't lived here all my life, but from
what I hear, this is a recent development, and it was spearheaded by restaurants. I don't *love* standing
in the food lines or maybe circling the block ONCE for parking (if I choose to drive instead of ride my bike
or walk, my preferences), but it's a small price to pay for enjoying the proud distinction of living in a
foodie town.
The $4,000 upfront payment for four months of strEATeries is a passive aggressive move intended to
force restaurant owners with already thin margins to prioritize. The numbers don't add up. The long
term repercussions are potentially huge. Last week's Counsel decision is myopic, selfish, and influenced
by a small group of people who funneled a lot of money to certain candidates.
I'm looking forward to the Counsel doing the right thing for our local economy and coming up with a fair
compromise that both helps find more "parking," and also recognizes this town isn't Deadmonds
anymore.
Yours since 2018,
Whitney Popa
From: Michael Landau
Sent: Sunday, December 19, 2021 9:54 AM
To: Public Comment (Council) <publiccomments@edmondswa.gov>; Council
<Council@edmondswa.gov>
Subject: Streateries
Council Members,
Please accept the Dec 16th ordinance and move on to other important Edmonds items. I neither like or
dislike the streateries but I do think:
• the ordinance has and will continue to provide an unfair advantage to some downtown
restaurants. Those Council Members that have made it a point to represent the "other
Edmonds" seem to ignore this fact.
• the $4000 dollar fee is reasonable. I believe Seattle has changed their fee but a google search
brings up this document from 2017, which has fees up to $4,700
(http://www.seattle.gov/documents/Departments/SDOT/PublicSpaceManagement/Streatery_H
andbook_MT_2017.pdf)
Edmonds City Council Approved Minutes
December 20, 2021
Page 26
• I find the survey results highly suspicous. The housing surveys that had more extinsive outreach
received about 1000 responses, the climate action plan had about 415 and yet the streeterie
survey had more than 4,100. People distorted the actual results by taking the survey multiple
times. Mr Chen's survey idea was good but the City needs to come up with consistent rules (e.g.
only two survey responses per i.p. address) and unbiased questions.
• binging this item back to the agenda is childish behavior from Council Members that did not get
their way
Thank you,
Michael Landau
Edmonds, WA
From: Pat Meyers
Sent: Sunday, December 19, 2021 7:58 AM
To: Council <Council@edmondswa.gov>; Public Comment (Council)
<publiccomments@edmondswa.gov>
Subject: Streateries
Edmonds City Council Approved Minutes
December 20, 2021
Page 27
Sunset the streateries as the council approved on Dec 16. The only amendment should be with respect
to softening payment terms.
Any amendments to your core decision will set a painful precedent that will subject the Council to redo
after redo of the future decisions you make.
The Council represents all businesses (restaurants, retailers, others), not just a favorite child.
Loving/treating them equally means sometimes making hard decisions against one, but for the greater
good of all.
Downtown Edmonds resident.
~Pat
From: Elise Randall
Sent: Saturday, December 18, 2021 10:28 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: In favor of streateries
Hi there,
I’d like to support streateries and the lowered fee you are considering on Monday night. Not all
Edmonds businesses can afford $4,000 so $2,000 over monthly installments seems more reasonable.
We need streateries for families like mine. We have a 2 year old who is ineligible for vaccination. We
also live with my parents who are 62 and 70. Without streateries or a vaccine mandate for indoor
eating, my family would not patronize Edmonds restaurants due to Covid-19 concerns.
Thank you,
Elise Hill
From: Tanya Randall
Sent: Saturday, December 18, 2021 9:46 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries
I am an Edmonds resident and strongly agree with lowering the fee for streateries to $2,000 payable in
installments, and extending until May 31, 2022. My too-young-to-be-vaccinated granddaughter lives
with my husband and me which precludes us dining indoors. We have very much enjoyed the streateries
in Edmonds.
Tanya Randall
Edmonds, WA 98020
Edmonds City Council Approved Minutes
December 20, 2021
Page 28
From: Maya Anderson
Sent: Saturday, December 18, 2021 9:34 PM
To: Public Comment (Council) <publiccomments@edmondswa.gov>
Subject: Streateries Amendment
I am writing to support amending the streatery ordinance to a $2000 fee, with monthly payments and
extending the permits to May 31st.
As much as we all wish it was, this pandemic is nowhere near over and the streateries bring people to
our downtown for the opportunity to eat safely with reduced chances of catching Covid. The proposed
$4000 fee is too much. Please consider this amendment.
Thank you,
Maya Anderson