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2017-06-27 City Council - Full Agenda-19274.1 City Council Agenda Item Meeting Date: 06/27/2017 Approval of Council Special Meeting Minutes of June 20, 2017 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 06-20-2017 Draft Council Special Meeting Mintues Packet Pg. 2 4.2 City Council Agenda Item Meeting Date: 06/27/2017 Approval of Council Meeting Minutes of June 20, 2017 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 06-20-2017 Draft Council Meeting Minutes Packet Pg. 4 4.3 City Council Agenda Item Meeting Date: 06/27/2017 Approval of claim, payroll and benefit checks, direct deposit and wire payments. Staff Lead: Scott James Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #226096 through #226201 dated June 22, 2017 for $413,576.43. Approval of payroll direct deposit and check #62727 through #62736 for $541,395.64, benefit checks #62737 through #62743 and wire payments of $596,013.25 for the pay period June 1, 2017 through June 15, 2017. Staff Recommendation Approval of claim, payroll and benefit checks, direct deposit and wire payments. Fiscal Impact Claim checks $413,576.43 Payroll Employee checks and direct deposit $541,395.64 Payroll Benefit checks and wire payments $596,013.25 Total Payroll $1,137,408.89 Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claim cks 06-22-17 FrequentlyUsedProjNumbers 06-22-17 payroll summary 06-15-17f payroll benefit 06-15-17 Packet Pg. 23 4.4 City Council Agenda Item Meeting Date: 06/27/2017 Appointment of Lodging Tax Advisory Committee Applicant Steven Lyon Staff Lead: Patrick Doherty Department: Economic Development Preparer: Patrick Doherty Background/History As set out in ECC Chapter 10.70, the Edmonds Lodging Tax Advisory Committee (LTAC) is comprised of five members: a City Councilmember, two members representing the lodging industry that generates the funds, and two members representing attractions or organizations authorized to use or be supported by the lodging tax funds. Members serve one-year terms and may be reappointed each year by City Council. On April 14, 2017 Jan Conner, previous General Manager of the Best Western Plus Harbor Inn, submitted her resignation from the LTAC, leaving an open position on the Committee. Appointment of a new member would fill this position for the remainder of its term, until 12/31/17. Staff Recommendation Approve appointment of Steven Lyon to the Edmonds Lodging Tax Advisory Committee, for the remainder of a term scheduled to expire 12/31/17. Narrative Two hotels in Edmonds were contacted about potential interest in participating on the LTAC. Only the Best Western Plus Harbor Inn showed interest, with General Manager Steven Lyon submitting his application on 6/14/17 (attached). Mr. Lyon is scheduled to be interviewed by City Council during a Special Meeting on 6/27/17. Attachments: Steve_Lyon_Redacted Packet Pg. 79 4.5 City Council Agenda Item Meeting Date: 06/27/2017 Appointment of Diversity Commission Appointee Anabel Hovig Staff Lead: Patrick Doherty Department: Community Services Preparer: Patrick Doherty Background/History The nine Edmonds Diversity Commission members were originally appointed on October 27, 2015 for staggered 1-, 2- and 3-year terms. As of 6/7/17 Position 6 became available for the remainder of a term that runs until December 31, 2017 upon the resignation of Commissioner Mario Brown. The recent, previous opening of Position 7 was advertised via local media, and previous applicants were also notified. Six new applications were received and two applicants from previous recruitments wished to continue to be considered. Three applicants were interviewed by the Commission at a special meeting on May 31, 2017. One applicant, Sarah Mixson, was appointed to Position 7 and confirmed by City Council on 6/13/17. Pursuant to ECC 10.65.020(B), new appointments to the Diversity Commission shall be made by the seated Commissioners, subject to confirmation by the City Council. In addition, pursuant to recently approved amendments to Chapter 10.65, the Diversity Commission is allowed to appoint from a pool of applicants/interviewees within the previous three months to fill a new position opening. Staff Recommendation Approve appointment of Anabel Hovig to the Diversity Commission to Position 6 of the Edmonds Diversity Commission for the remainder of a term scheduled to expire 12/31/17. Narrative Of the applications received by the City for consideration in the past three months, three applicants were interviewed by the Diversity Commissioners on 5/31/17: Sarah Mixson, Anabel Hovig, and Kelsey Foster. The Commission voted on 5/31/17 to appoint Sarah Mixson to Position 7 for the remainder of a term scheduled to expire 12/31/18. In a Special Meeting on 6/21/17 the Commission voted to appoint Anabel Hovig to Position 6 for the remainder of a term scheduled to expire 12/31/17. At its Special Meeting of 6/27/17 the City Council interviewed Ms. Hovig and forwarded approval of her appointment to the 6/27/17 Regular Council Meeting Consent Agenda for approval. Attachments: Red acted_Anabel_Hovig_app_Redacted Packet Pg. 81 4.6 City Council Agenda Item Meeting Date: 06/27/2017 Council Legislative/Executive Assistant Contract Extension to August 31, 2017 Staff Lead: Tom Mesaros Department: City Council Preparer: Scott Passey Background/History The City Council had previously approved a thirty day extension of this contract to June 30, 2017. The request is now to extend this contract an additional two months through August 31, 2017. The only change to the original contract is this time extension. Staff Recommendation N/A Narrative N/A Attachments: Pierce -Employment Agreement - Legislative. Executive Assistant to City Council 5.8.17 draft Packet Pg. 84 5.1 City Council Agenda Item Meeting Date: 06/27/2017 Resolution Regarding Environmental Goals Established in the Paris Accord (5 min.) Staff Lead: Dave Tietzel, Diane Buckshnis, Andrew Pierce Department: City Council Preparer: Andrew Pierce Background/History On June 6, 2017, Mayor Dave Earling signed the Mayors National Climate Action Agenda, emphasizing the commitment by Edmonds and over 200 other U.S. cities to strengthen local efforts for reducing greenhouse gas emissions and supporting efforts for binding federal and global -level policy making. The Edmonds City Council continues to be committed to working with the administration and citizens of Edmonds to reinforce local efforts to protect and improve our local environment and stands with the mayor and citizens of Edmonds on this issue. Staff Recommendation Approve Resolution XXX: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS COMMITTING TO ACHIEVE OR EXCEED AT THE LOCAL LEVEL THE ENVIRONMENTAL GOALS ESTABLISHED IN THE PARIS ACCORD." Global climate change is a reality and represents an ever-increasing threat to the health and well-being of citizens of Edmonds and beyond. Climate change -primarily in the form of atmospheric warming caused by an increase in the level of greenhouse gasses -is estimated by the World Health Organization to be directly responsible for approximately 150,000 deaths per year globally --a number that is expected to increase as our planet continues to warm due to rising levels of greenhouse gas emissions. The City of Edmonds has taken strong actions to locally address the causes of climate change by reducing use of fossil fuels through substituting renewable energy resources supplied to public buildings, improvement of energy efficiency of public buildings, establishment of strong codes for the design and construction of new and remodeled buildings to meet green building standards, support of the Safe Energy Leadership Alliance ("SELA"), opposition to transport of crude oil by rail, etc. By this resolution, the Edmonds City Council states its commitment and continued dedication to local policies that will arrest the rate of human -caused environmental pollution in our city and contribute directly to the environmental protection goals outlined in the Paris Climate Accord. Attachments: WHO _ Environment and health in developing countries Council environment resolution Packet Pg. 90 5.2 City Council Agenda Item Meeting Date: 06/27/2017 Amendment to the Council Legislative/Executive Assistant Job Description (10 min.) Staff Lead: Tom Mesaros Department: City Council Preparer: Scott Passey Background/History In recent follow up discussions with Andrew Pierce, the Legislative/Executive Assistant to City Council, it became apparent that one item for his responsibilities was missing from the position description for this position. Please see the attached position description and the red highlighted addition. Staff Recommendation N/A Narrative N/A Attachments: Legislative Assistant. Executive Assistant - Scope of work (2) Packet Pg. 95 7.1 City Council Agenda Item Meeting Date: 06/27/2017 Report of final construction costs for the Citywide CIPP Sewer Rehabilitation Project -- Hwy 99 Pipe Rehabilitation Phase (10 minutes) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On February 16, 2016, Council awarded the contract for the Citywide CIPP Sewer Rehabilitation -- Project Hwy 99 Pipe Rehabilitation Phase to Shoreline Construction in the amount of $108,740. Staff Recommendation Forward the item to the consent agenda for project acceptance at the July 11, 2017 City Council meeting. Narrative During the course of the project, one change order amounting to a net change of $5,692 was written against the contract. This change order allowed the rechanneling of a manhole to better direct flow, adjusted contract line item total to reflect actual quantities utilized in the project, and provided an additional sales tax payment to bring the total tax paid to 10.3% from 9.8%, as required effective April 1, 2017. Construction was completed on time and 5.2% over original contract. Final contract price was $114,432. Packet Pg. 100 7.2 City Council Agenda Item Meeting Date: 06/27/2017 Presentation of a Supplemental Agreement with David Evans & Associates for the 76th Ave & 212th St. Intersection Improvements Project (10 minutes) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On November 29, 2016, Council authorized the Mayor to sign Supplemental Agreement #8 with David Evans & Associates for the 76th Ave. W @ 212th St. SW Intersection Improvement project. Staff Recommendation Forward this item to the July 11, 2017, consent agenda for approval. Narrative Construction on the 76th Ave and 2121h St Intersection Project began in April and is scheduled to be completed by the end of the year. Since the start of the construction phase, David Evans & Associates has been involved in responding to Request for Information (RFI's) from the contractor, providing plan clarifications, and reviewing Contractor material submittals. The City has asked the consultant to perform additional work that was not anticipated at the beginning of construction. The additional work includes: (1) performing calculations to determine survey elevations for vaults to be installed with the joint utility trench; (2) providing a revised plan/profile for the new watermain on 761h Ave; and (3) providing revised plans for the joint utility trench to reduce the trench width and associated costs. The supplemental agreement will provide an additional budget of $40,000 for construction support services, plus $10,000 in management reserve. The completion date is also being extended from December 31, 2017 to June 30, 2018, to allow enough time to work with the consultant to close-out the project. The additional fee will be paid by the grants and utility funding budgeted for this project. Attachments: David Evans & Associates Supplement Packet Pg. 101 7.3 City Council Agenda Item Meeting Date: 06/27/2017 Carnegie Library Building Lease Addendum (10 min.) Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The City of Edmonds has held a Lease Agreement with the Edmonds -South Snohomish County Historical Society, Inc. for the premises at the Carnegie Library located at 118 5th Ave N, Edmonds since 1976 for historical purposes and as a public museum. Staff Recommendation Staff recommends the Lease Addendum be approved as to form & content after review by the City's legal department. From the Lease Addendum, "The City Council & the City of Edmonds have determined it is in the best interests of the public to renew the Lease for an additional five years adding a provision allowing the Lessee to revisit the matter of the length of guaranteed occupancy or other grant funding related qualifiers at any time during the period agreed upon." Narrative This Lease Addendum extends the Lease as written with minimal changes to content. First, allowing the amendment of term from 2017 to 2022 with an optional extension. Second, clarifying exclusivity of use to aid grant funding. The Lessee remains in operation of the museum on the premises for its intended purpose and continues the current agreements for rent, operating costs, insurance coverage, and maintenance costs. Attachments: Draft Museum Lease Addendum - 2017 S. Sno. Co. Historical Society Lease 1976 Packet Pg. 110 7.4 City Council Agenda Item Meeting Date: 06/27/2017 Resolution of Intent to Designate Highway 99 Subarea as a Residential Targeted Area (10 min) Staff Lead: Patrick Doherty Department: Economic Development Preparer: Scott Passey Background In an effort to spur investment and redevelopment in slow -to -develop urban centers statewide and in fulfillment of Growth Management Act objectives, in 1995 the State Legislature inaugurated the Multifamily Property Tax Exemption (MFTE) Program by passing enabling legislation contained in RCW 84.14. This enabling legislation provides the authority and process for individual jurisdictions to implement the MFTE program in their communities. In short, the MFTE provides an incentive to developers to invest in "residential targeted areas" - areas designated by cities through their GMA- compliant comprehensive planning and subarea planning processes to receive greater density of multifamily and commercial development. Often called "urban centers" or "urban villages," these areas are intended to become walkable, amenity - rich, transit -supportive, mixed -use communities where future growth in housing and employment can be readily accommodated. Unfortunately, in many cities the transformation from current conditions to the intended "urban village" is often slow and fraught with challenges. Be they competition with higher - rent locales that attract developers, or the inherent complications of urban redevelopment (unwilling property sellers, need to accumulate multiple parcels, existing long-term leases, etc.), in many cities these factors can stall for years or decades the transformation to such planned -for "urban villages." The MFTE incentive is one small tool that can help provide incentives in these areas to help counteract some of these challenges for developers and investors, thereby encouraging them to develop multifamily and mixed -use projects in these areas. Per State law, the MFTE is applicable to projects containing at least four dwelling units and provides for an exemption from property tax valuation of the improvement value of the residential portion of the development. Property taxes continue to be assessed and collected on the improvement value of the nonresidential (e.g. commercial) component of the project and the increased land value. State law allows for the exemption pursuant to two options: The standard exemption period is for 8 years. A longer exemption period of up to 12 years is provided for projects that include at least 20% of the dwelling units as affordable to rent or buy for low- and moderate -income households. (Low-income households have incomes no greater than 80% of the area median income, while moderate -income households have incomes no greater than 115% of the area median income.) In August 2016 the City Council designated the Westgate Mixed Use Zone as a Residential Targeted Area for the purposes of implementing the MFTE in that area. Subsequently in October 2016 the City Council Packet Pg. 122 7.4 approved the addition of a new Chapter 3.38, entitled "Multi -Family Housing Tax Exemption" to the Edmonds City Code which lays out the State -mandated provisions for implementation of the MFTE program. Those provisions, at Sec. 3.38.040.A, identify the Westgate Mixed Use Zone as the City's sole residential targeted area. In addition, the City Council chose to provide only the 12-year exemption option that requires the provision of at least 20% of the dwelling units as affordable to rent or buy for low- and moderate -income households. Staff Recommendation Forward to the 7/18/17 regular Council Meeting a recommendation to adopt the Resolution of Intent to designate the Highway 99 Subarea as Residential Targeted Zone for implementation of Multi -Family Tax Exemption Program and schedule a public hearing for the regular City Council meeting on August 15, 2016 at 7:OOpm in Council Chambers. Narrative Resolution of Intent The first step towards implementation of the MFTE program in a new "urban center' within Edmonds, as per RCW 84.14, is for a City Council to pass a Resolution of Intent to designate the intended "residential targeted area" where additional implementation of the MFTE program will occur. Pursuant to the pending approval by City Council of the Highway 99 Subarea Plan and related zoning provisions, expected later this Summer, that Subarea is intended to become an "urban center" whose purpose includes fostering development of a full range of commercial and residential uses, including market -rate and affordable housing in stand-alone and mixed -use developments. Nevertheless, even with pending approval of the new Subarea Plan, residential development in the Highway 99 Corridor will be more likely to occur if the MFTE Program is implemented as an incentive to developers to consider the Highway 99 Subarea, especially given that dozens of other locations in the region and state provide this incentive. For these reasons, the current proposal is to designate the Highway 99 Subarea as a "residential targeted area" in order to implement the MFTE program there. In order to do so, the City Council must first pass the attached Resolution of Intent to designate the Highway 99 Subarea as a "residential targeted area" and set a public hearing at its regular meeting on August 15, 2016. Upon conclusion of the public hearing and in consideration of any public testimony, the City Council may then pass a Resolution designating the Highway 99 Subarea as a "residential targeted area." In addition, as a companion piece, City staff will develop the corresponding minor amendment to ECC Chapter 3.38 that will add the Highway 99 Subarea to the list of "residential targeted areas" in the City of Edmonds and submit for Council approval at that time. Attachments: DRAFT RESO OF INTENT MFTE - HWY 99 Packet Pg. 123 7.5 City Council Agenda Item Meeting Date: 06/27/2017 Proposed Noise Ordinance (15 min.) Staff Lead: Phil Williams Department: Engineering Preparer: Megan Luttrell Background/History On June 13, 2017, staff presented this item to the Parks, Planning and Public Works Committee and it was forwarded for further discussion at the June 20th Council meeting. On June 20, 2017, Council directed staff to update the code language regarding the proposed noise exemption for City construction to clarify that the granting of such exemptions employ a process similar to the "balanced factor" approach utilized in the Code section governing variances. Staff Recommendation Approve the proposed changes and place the item on the July 11, 2017 City Council meeting for approval. Narrative Attached are proposed code changes to Chapter 5.30, "Noise Abatement and Control" related to exemptions for sounds created by City construction projects. The new provisions in section 5.30.100, "Exemptions", has been further amended to specify that City construction work will be subject to an exemption process similar to that used in the variance process. Staff have also drafted a Public Works Policy detailing the criteria and method for the granting of a noise exemption, and have also produced a sample Exemption Application as guidance on what a successful application would look like. Attachments: Draft Version noise code revisions Redlined Version of noise code revisions Example Exemption Application Public Works Night Work Policy Packet Pg. 126 8.1 City Council Agenda Item Meeting Date: 06/27/2017 Resolution of Intent to Designate Highway 99 Subarea as a Residential Targeted Area (10 min) Staff Lead: Patrick Doherty Department: Economic Development Preparer: Patrick Doherty Background In an effort to spur investment and redevelopment in slow -to -develop urban centers statewide and in fulfillment of Growth Management Act objectives, in 1995 the State Legislature inaugurated the Multifamily Property Tax Exemption (MFTE) Program by passing enabling legislation contained in RCW 84.14. This enabling legislation provides the authority and process for individual jurisdictions to implement the MFTE program in their communities. In short, the MFTE provides an incentive to developers to invest in "residential targeted areas" - areas designated by cities through their GMA- compliant comprehensive planning and subarea planning processes to receive greater density of multifamily and commercial development. Often called "urban centers" or "urban villages," these areas are intended to become walkable, amenity - rich, transit -supportive, mixed -use communities where future growth in housing and employment can be readily accommodated. Unfortunately, in many cities the transformation from current conditions to the intended "urban village" is often slow and fraught with challenges. Be they competition with higher - rent locales that attract developers, or the inherent complications of urban redevelopment (unwilling property sellers, need to accumulate multiple parcels, existing long-term leases, etc.), in many cities these factors can stall for years or decades the transformation to such planned -for "urban villages." The MFTE incentive is one small tool that can help provide incentives in these areas to help counteract some of these challenges for developers and investors, thereby encouraging them to develop multifamily and mixed -use projects in these areas. Per State law, the MFTE is applicable to projects containing at least four dwelling units and provides for an exemption from property tax valuation of the improvement value of the residential portion of the development. Property taxes continue to be assessed and collected on the improvement value of the nonresidential (e.g. commercial) component of the project and the increased land value. State law allows for the exemption pursuant to two options: The standard exemption period is for 8 years. A longer exemption period of up to 12 years is provided for projects that include at least 20% of the dwelling units as affordable to rent or buy for low- and moderate -income households. (Low-income households have incomes no greater than 80% of the area median income, while moderate -income households have incomes no greater than 115% of the area median income.) In August 2016 the City Council designated the Westgate Mixed Use Zone as a Residential Targeted Area for the purposes of implementing the MFTE in that area. Subsequently in October 2016 the City Council Packet Pg. 162 8.1 approved the addition of a new Chapter 3.38, entitled "Multi -Family Housing Tax Exemption" to the Edmonds City Code which lays out the State -mandated provisions for implementation of the MFTE program. Those provisions, at Sec. 3.38.040.A, identify the Westgate Mixed Use Zone as the City's sole residential targeted area. In addition, the City Council chose to provide only the 12-year exemption option that requires the provision of at least 20% of the dwelling units as affordable to rent or buy for low- and moderate -income households. Staff Recommendation Forward to the 7/18/17 regular Council Meeting a recommendation to adopt the Resolution of Intent to designate the Highway 99 Subarea as Residential Targeted Zone for implementation of Multi -Family Tax Exemption Program and schedule a public hearing for the regular City Council meeting on August 15, 2016 at 7:OOpm in Council Chambers. Narrative Resolution of Intent The first step towards implementation of the MFTE program in a new "urban center' within Edmonds, as per RCW 84.14, is for a City Council to pass a Resolution of Intent to designate the intended "residential targeted area" where additional implementation of the MFTE program will occur. Pursuant to the pending approval by City Council of the Highway 99 Subarea Plan and related zoning provisions, expected later this Summer, that Subarea is intended to become an "urban center" whose purpose includes fostering development of a full range of commercial and residential uses, including market -rate and affordable housing in stand-alone and mixed -use developments. Nevertheless, even with pending approval of the new Subarea Plan, residential development in the Highway 99 Corridor will be more likely to occur if the MFTE Program is implemented as an incentive to developers to consider the Highway 99 Subarea, especially given that dozens of other locations in the region and state provide this incentive. For these reasons, the current proposal is to designate the Highway 99 Subarea as a "residential targeted area" in order to implement the MFTE program there. In order to do so, the City Council must first pass the attached Resolution of Intent to designate the Highway 99 Subarea as a "residential targeted area" and set a public hearing at its regular meeting on August 15, 2016. Upon conclusion of the public hearing and in consideration of any public testimony, the City Council may then pass a Resolution designating the Highway 99 Subarea as a "residential targeted area." In addition, as a companion piece, City staff will develop the corresponding minor amendment to ECC Chapter 3.38 that will add the Highway 99 Subarea to the list of "residential targeted areas" in the City of Edmonds and submit for Council approval at that time. Attachments: DRAFT RESO OF INTENT MFTE - HWY 99 Packet Pg. 163 8.2 City Council Agenda Item Meeting Date: 06/27/2017 April Monthly Financial Report (15 min.) Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History <Type or insert Info here> Staff Recommendation No action needed; informational only. Narrative April Monthly Financial Report Attachments: April Monthly Budgetary Financial Report Packet Pg. 166