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cmd122021 spec mtg 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. Edmonds City Council Approved Minutes 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 Edmonds City Council Approved Minutes December 20, 2021 Page 3 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. Edmonds City Council Approved Minutes December 20, 2021 Page 4 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 Edmonds City Council Approved Minutes December 20, 2021 Page 5 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 Edmonds City Council Approved Minutes December 20, 2021 Page 6 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 Edmonds City Council Approved Minutes December 20, 2021 Page 7 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.) Edmonds City Council Approved Minutes December 20, 2021 Page 8 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. Edmonds City Council Approved Minutes December 20, 2021 Page 9 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