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2023-07-05 Special MeetingEDMONDS CITY COUNCIL SPECIAL MEETING APPROVED MINUTES July 5, 2023 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Vivian Olson, Council President Pro Tem Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember ELECTED OFFICIALS ABSENT Neil Tibbott, Council President 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Angie Feser, Parks, Rec., & Human Serv. Susan McLaughlin, Planning & Dev. Dir. Todd Tatum, Comm./Culture/Econ. Dev. David Levitan, Planning Manager Jeff Taraday, City Attorney Nicholas Falk, Deputy City Clerk Jerrie Bevington, Camera Operator Dir. Dir. The special Edmonds City Council meeting was called to order at 7 p.m. by Mayor Nelson in the Council Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Teitzel read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL Deputy City Clerk Nicholas Falk called the roll. All elected officials were present with the exception of Council President Tibbott. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXCUSE COUNCIL PRESIDENT TIBBOTT. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 2023 LEGISLATIVE WRAP-UP REPORT Edmonds City Council Approved Minutes July 5, 2023 Page 1 Community/Culture/Economic Development Director Todd Tatum recalled following the conclusion of the legislation session, the council had a joint meeting with the planning board to discuss the housing bills. This presentation will focus on other items from the 2023 legislative session and look toward 2024. Debora Munguia, Capitol Consulting, reviewed: • Legislative Overview 0 105-day biennial budget legislative session ■ Operating, Capital and Transportation Biennial Budgets adopted o Democrats retain strong majorities in House and Senate • 2023-25 Budgets - Operating o $69.3B Operating Budget ($4.7B new spending; $3B in reserves) ■ Behavioral health ($1.2B) ■ Public schools ($2.9B in new spending) ■ Affordable housing ($519M — combined with Capital budget exceed $1B) ■ Climate investments ($400M) ■ Additional Basic Law Enforcement Academy classes 2023-25 Budgets - Capital o $9B Capital Budget ($4.7B financed with GO bonds, leaves $95.4M in bond capacity for 2024 supplemental) ■ $400M for Housing Trust Fund ■ $170M for additional investments in affordable housing and shelters ■ $224M for community -based behavioral health facilities ■ $613M for a 350-bed forensic hospital at Western State ■ $400M to PWAA for competitive awards ■ $25M for CERB ■ $423.8M for clean energy, energy efficiency and climate adaptation 2023-25 Budgets - Transportation o $13.5B Transportation budget (phasing 2021-2029) ■ Continuation of CW projects ($16B) and Move Ahead ($17B) ■ $5.4B to fund highway improvements and preservation ■ $ 1 B towards the state's fish passage barriers ■ Traffic safety ■ Reducing carbon emissions (bicycle/ped infrastructure; public transit services, electrify ports and other transportation equipment) ■ Declining revenue continues to be an issue ■ Proviso in transportation budget to look at a statewide retail delivery fee City -Specific Legislative Priorities o Phase $22.5M for SR 99 Project Stage 3 ■ Not appropriated for current biennium, put in future category (after 2027-29 biennium)... o Extend Marsh first right of purchase in transportation budget o Reallocate and increase Marsh capital budget dollars Councilmember Nand referred to the allocation in the operating budget for behavior health and asked if there were opportunities for the City to partner with state agencies seeking to provide direct services in south Snohomish County. Ms. Munguia answered there are a few state agencies that the City could reach out to, Health Care Authority, DSHS and the Department of Commerce. She offered to follow up with Mr. Tatum to determine what opportunities may be available and invited Councilmember Nand to describe what services she was interested in. Councilmember Nand said she already reached out to City staff who are overseeing direct services; she wondered about distributing ORCA cards to indigent community members. She was told DSHS may be interested in funding a program that the City could help host with no addition Edmonds City Council Approved Minutes July 5, 2023 Page 2 to the City's budget. She was interested in programs like that, where the City could partner with state agencies who are already providing services. Councilmember Nand commented on the dearth of affordable housing shelters; Snohomish County is acquiring the former America's Best Hotel and providing wraparound services with 45 beds. She referred to the $170 million for affordable housing and shelters, and asked if the City could partner with DSHS or whoever will be administering those funds to start provide services in south Snohomish County. Ms. Munguia relayed her understanding that the Department of Commerce will be running the housing programs. Their website has a list of various housing programs they are working with, some are for specific types of housing including permanent supportive housing with wraparound services. She offered to follow up with Mr. Tatum to determine what programs may already be available and how the City could partner with either an agency or a nonprofit. Councilmember Nand referred to the transportation budget, specifically the allocation for preservation improvements of Highway 99. The City has already allocated millions for the Highway 99 revitalization for the roadway and she asked if any portion of the budget was available for community revitalization. Ms. Munguia answered the transportation budget goes through WSDOT who has specific priorities for those funds and she was uncertain if any of it was for community revitalization. She asked for clarification regarding what Councilmember Nand meant by community revitalization. Mr. Tatum answered the City is allocated $22.5M in the transportation budget for a specific, scoped project. There may be a bit of leeway to alter the scope, but it is primarily a transportation -related improvement. There are a number of other grants and offerings that could be considered once there is a more cohesive scheme. He summarized there were other funding opportunities that could and should be considered specific to Highway 99, but they were not in the transportation budget. Councilmember Buckshnis recalled when marijuana was legalized and alcohol sales were moved into retail stores, the taxes were supposed to be allocated to public schools. She referred to the $2.9B in the operating budget in new spending for public schools, acknowledging public schools were crying for help. She asked where the taxes from marijuana and alcohol sales were going. Ms. Munguia said she could not recite exactly how they were allocated, but recalled a fair share was also allocated to local governments. Councilmember Buckshnis thanked Ms. Munguia for answering questions and sending information during the past year. Councilmember Teitzel referred to $ 1 B allocated toward fish passage barriers and asked if that was for barriers on both public and private property. Ms. Munguia answered due to the lawsuit, the state is required to focus on priority areas in the lawsuit. Additional funds were added to the Brian Abbott Fish Barrier Removal program which will fund other kinds of barriers. She believed those were public barriers and offered to follow up on that. Councilmember Teitzel observed the state has put aside funds to address undersized culverts and asked if the $113 allocation also addresses culverts or was that a separate category. Ms. Munguia answered the Brian Abbott Fish Barrier Removal Board is a separate bucket of money that the Department of Fish & Wildlife administers. WSDOT has their own bucket of money for state culverts. Ms. Munguia continued her presentation, advising any bills that did not pass in 2023 will automatically be reintroduced in the 2024 session. • Additional Issue Areas of Interest o Housing ■ A lot of discussion SB 6466 (TOD bill) ■ Recommend City engage in discussions during interim. Concerns included use of Floor Area Ratio (FAR) as measurements, maps produced by cities, definition of BRT, and ensuring affordability is built into bill ■ HB 1245 — designed to make easier to split large lots ■ Minimum parking requirements Edmonds City Council Approved Minutes July 5, 2023 Page 3 o Blake Response o Public Safety ■ Changed vehicle pursuit law ■ Assault weapon ban bill o Climate Laws ■ HB 1181 -added climate and resiliency goal to GMA o Funding for Arts/Creative Economy • HB 1575 (cultural access) - allows counties to impose 0.1% sales and use tax for up to 7 years (cities can impose if county does not by December 31, 2024) • SB 5001 - allows city and county or adjacent cities to form a second public facilities district (PFD) for regional aquatics or sports facility — voter approved sales and use tax of no more than 0.2% • Looking Ahead and Next Steps o Legislative changes o Short session — all 2023 bills not approved will automatically be reintroduced at 2024 session o Interim work o Develop 2024 Legislative Agenda Councilmember Nand asked whether the City could impose more stringent affordable requirements under HB 1110 and whether the AMI scheme in the bill is a floor. Ms. Munguia answered yes. Councilmember Nand asked if there was any ceiling such as could the City impose income restrictions, 50% AMI, etc. Ms. Munguia commented there is already legislative language related to AMI that HB 1110 did not change; a city can select the AMI percentage, basically there are no restrictions regarding what the City could require. Councilmember Nand recalled at the joint council/planning board meeting, Council President Tibbott stated the AMI in Snohomish County is $113,000/year. For that reason, getting housing units built that people earning minimum wage can afford will be difficult so Edmonds will need to be more aggressive. Councilmember Nand said the issue many people had with Senator Liias' bill (SB 6466) was the contemplation of 6-story apartment buildings with absolutely no parking. She asked if that was something he would budge on or something that other cities objected to. Ms. Munguia answered it was not just residential buildings, it could also be commercial. The bill was crafted so that a city would have flexibility for all commercial or all residential; many affordable housing advocates want to see residential. The parking restriction is something that continues to be hotly debated. An element built into HB 11100 and the TOD bill would allow a city to submit a study to the Department of Commerce for a potential variance. She recalled the AWC had agreed to that, but it would be pretty onerous and needs continued discussion. Councilmember Nand referred to huge apartments on First Hill with no parking where people drive around for 20-30 minutes to find on -street parking. Seattle has a new scheme where guests who want to park on the street will be required to obtain a parking permit which she said seemed like an administrative nightmare. Councilmember Nand referred to hyper dense development contemplated for what had previously been suburban areas and asked if there was any acknowledgement of the need to retain the mature tree canopy or shade equity for those areas, particularly Highway 99 where the heat dome in 2021 killed hundreds of people. She asked if the City should lobby about that. Ms. Munguia recalled discussions about that, and agreed conversations need to be had, and information needs to be shared with the City's delegation. There were considerations for critical areas and things like that. With regard to the tree canopy, everyone would need to understand what that means and the discussion did not reach that level. Councilmember Nand commented if there are statewide density requirements, there should be a statewide tree code requirement. Councilmember Paine referred to municipal funding for the next session, suggesting time be spent on the municipal aspects of multimodal transportation options which would include more transit options, increased Edmonds City Council Approved Minutes July 5, 2023 Page 4 transit options for municipalities particularly in south Snohomish County to improve road safety, get people out of their vehicles, reduce vehicle miles traveled, and create access to funding for sidewalks, bike lanes stormwater infrastructure, watershed protection and tree canopy protection. She expressed interest in finding funding for municipalities to improve public and supported housing options at the municipal level; funding for housing that meets the 50% or less AMI. Although targets were established, half the community will need housing for people earning 50% AMI or less and half of those will need supportive housing such seniors and people who are disabled. She commented on the need for funding access at the state and municipal level to ensure those programs are funded. It doesn't help to tell municipalities what they need to do without providing funding mechanisms. Council President Pro Tem Olson thanked Ms. Munguia for making it feel like home when visiting Olympia, noting more than any other legislation session during her term, she felt like Edmonds needed to pay attention and be engaged in what was happening. She asked if the bills that were not approved or bill that did not get through the system would automatically be brought back. Ms. Munguia answered anything the Governor did not sign will automatically be reintroduced. Whether legislators will pursue moving them off the floor or through committees remains to seen. The ones she mentioned, she definitely expects they will be reintroduced. Council President Pro Tem Olson pointed out what an aggressive stance that was; that would be like the council revisiting everything they did not approve the previous year. She summarized it was worthwhile for the public to know about that. Council President Pro Tem Olson noted the headings on the slides were Budget 2021-23 and asked if that should have been 2023-25. Ms. Munguia agreed it should have been 2023-25. Council President Pro Tem Olson referred to the bill regarding not requiring parking, and suggested it would be a reasonable compromise to provide a percentage for Zipcars. Residents may own a car, but sometimes cars are necessary and by sharing cars, there would be less need for parking and fewer cars on the road. She suggested the legislature explore that as a possibility. She suggested the Edmonds city council think about whether to form a citizen task force to look at the bills that did not pass and evaluate how to lobby in the next session. Council President Pro Tem Olson commented on the amount of opioid money the City receives from the settlement. She recalled during South County Fire's presentation there was a discussion regarding ways that money could be spent. She asked if it would be appropriate for cities, counties and the state who receive this money to put it behind diversion efforts in the Blake Fix to ensure there are funds to support opportunities for recovery. Ms. Munguia responded she was sure they will be looking at every source available. She offered to look into whether those funds could be spent in that way. Councilmember Chen expressed appreciation for feeling welcome when Edmonds visited Olympia. One of the bills that did not make it through the 2023 session was HB 1245. The way household income was discussed, he suggested consideration be given to multigenerational households where the per capita income could be much lower. For example, his father-in-law's household has three generations living together. With regard to public safety, Councilmember Chen acknowledged other cities may similar issues, but Edmonds constantly has speeding issues which is a safety concern as well as an inconvenience for residents. He suggested the next session consider allowing speed cameras in areas outside school zones. He assumed speed was likely a statewide issue. Councilmember Buckshnis commented with the short session in 2024, she hoped some of the bills that get reintroduced are not pursued. With regard to restrictions on parking, the legislature is not looking at it regionally. There is density everywhere on Highway 99 which raises concern with sidewalks, infrastructure, Edmonds City Council Approved Minutes July 5, 2023 Page 5 and stormwater as well as sewer capacity. She recalled HB 1110 had some type of caveat related to sewer plants. She was concerned the legislature was looking at issues city by city instead of regionally and the environment was suffering. For example people may live in Shoreline but work in Edmonds. Edmonds' demographics are not shifting to light rail, buses or Zipcars. She was also concerned with the lack of design standards for multifamily buildings and/or requirements for preserving nature. She feared a no holds barred approach would be problematic. Ms. Munguia agreed those were good conversations to have with legislators, explaining to them the impacts that implementation of a bill will have on the City. Councilmember Teitzel referred to the regional PFD concept for a regional aquatic center and asked how a region would be defined. Ms. Munguia said she would need to review the specific language in the bill, but recalled it was contiguous cities or a city and the county. Councilmember Teitzel asked if it would be limited by county lines or could it be north King County and south Snohomish County. Ms. Munguia answered she thought that could be done and offered to doublecheck. 5. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT PRO TEM OLSON MOVED SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO PULL 9.2, ARPA USE ORDINANCE, UNTIL BOTH STAFF AND COUNCIL ARE READY FOR IT TO COME BACK. Council President Pro Tem Olson advised Administrative Services Director Dave Turley requested the ordinance be removed and there have been reservations expressed by councilmembers. Councilmember Buckshnis said she has voiced her concerns, and recommended it be sent to the planning board. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described procedures for audience comments. Marjie Fields, Edmonds, commented on the comprehensive plan update. She thanked City staff for their outreach efforts to represent all citizens. In looking at the comprehensive plan information, she was concerned that the environment seems like a low priority. The council identified environmental and watershed issues as a budget priority during the April retreat; however, it does not appear that any environmental organizations are included in the Community Champion Committee and it seems like environmentalists are an underrepresented category. She was glad to see work sessions were planned and looked forward to productive dialogue. The online survey did not seem to reach anyone she knew. She thought it was flawed, but when she mentioned her concerns, no one seemed to know what she was talking about. She thought the way the survey was set up pitted environmental issues against social justice issues, issues that should never be in competition as protecting the environment is social justice and environmental protection is the overarching protection for all life. When we fail the environment, at -risk populations suffer the most. Darrol Haug, Edmonds, referred to the ARPA funding ordinance and agreed delaying it to a future meeting was a good idea. He noted $8 million can go a long way and be used for a lot of things. First the 2023-2028 capital program is 130 pages long and the facilities section identifies $12 million in needs. The Edmonds City Council Approved Minutes July 5, 2023 Page 6 City spends approximately $1 million/year on streets, but studies indicate the need is about $3 million/year. The City has no funding identified for the arts corridor, people want sidewalks, and there are a lot of old buildings that need maintenance including the Frances Anderson Center and City Hall. He referred to page 124 of the capital program and the Library Plaza water system, noting there has been water intrusion as a result of the library building rain garden since it was installed in 2003. An evaluation in 2018 determined it needed to be replace, yet it is not scheduled until 2028. There are reports of mold in the ceiling, something that should be addressed before the library is opened again and ARPA funds could go a long way to address that. The Waterfront Study identifies additional ideas; there are no plans to study how to provide emergency access to the waterfront which will be important with double tracking and more ferries. He applauded the council for seeking input from the community and encouraged the council to continue that effort including gaining input from citizens in all areas of the City to best utilize ARPA funds. 7. RECEIVED FOR FILING 1. WRITTEN PUBLIC COMMENTS 2. 2024 BUDGET PRIORITY OUTREACH EFFORTS HANDOUT 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES OF JUNE 22, 2023 2. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 27, 2023 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 9. COUNCIL BUSINESS BOYS & GIRLS CLUB NEW FACILITY DESIGN Parks, Recreation & Human Services Director Angie Feser advised review of the schematic drawings for the new Boys & Girls Club (BGC) facility is part of the ground lease between the City and the BGC. The design was presented to the PPW committee on June 13 and full council on June 20 with a public hearing. Tonight is a summary presentation and to answer council questions. Staff is asking for council approval of the design as presented to allow the BGC to move onto the next step. Council will review the project two more times for aesthetic qualities and details as it progresses. Bill Toukalas, Executive Director, Boys & Girls Club of Snohomish County, applicant for the project, explained the BGC has been a community facility in partnership with the City since 1968 in the former Edmonds High School fieldhouse. The design of Civic Park allotted a 12,000 square foot footprint for the BGC. After determining it was not feasible or practical to repair or expand the existing building, the club plans to demolish the existing building and build a new 16,000 square foot facility. The building will include an 8,000 square foot gymnasium and approximately 8,000 square feet of activity area (4,000 square feet on the ground level and 4,000 square feet on the second story). The design compliments the improvements made at Civic Field Park and there is an expectation the building will have a certain amount of public use when the kids are not occupying it. The BGC listened to the council's comments about solar panels, retaining some of the building's history, potentially dressing up the north wall with artwork, and incorporating some of the original gymnasium's wood floor into the design. Adam Clark, 2812 Architecture, reviewed: • Enlarged site plan Edmonds City Council Approved Minutes July 5, 2023 Page 7 Y•f -t,�1 4 I t�i)=W SAYS 8 61RL5 CLUB L HALN I_I_ T60 S. F -, UPPER: 4, i33 5.F_ TOTAL 16.4g3 5.F 4I i . i ?J.L''1\6 =]T:: FLAN m -0• o New Boys & Girls Club facility ■ 11,760 SF footprint with 4,733 SF upper floor (16,493 SF total) o Existing building planned for demolition due to: ■ Structural Integrity ■ Accessibility ■ Life safety ■ Limited flexibility • West elevation o Contemporary design (Ground Face CMU, glass, wood structure) o LEED Silver standards ■ Minimal carbon footprint ■ Efficient HVAC ■ Opportunity for solar • South elevation o South facing entry for park connection o Abundance of natural light for interior o Biophilic design to increase occupancy connectivity to the natural environment • East elevation o Utility spaces on southeast for economy 0 30' high gym (23' required to underside of structure) o Existing building average height 33' • North elevation o Varied materials and surface planes o Canopy for weather protection at street o Possible art on wall 0 20' building setback from property line. Proposing to put building at back of sidewalk — interior area needed • Rendering (looking from southwest) o Planning to add garage doors below canopy on gym wall (not shown on rendering) Edmonds City Council Approved Minutes July 5, 2023 Page 8 Rendering (looking from northwest) Mr. Toukalas relayed since the last meeting with council, he spoke with ECA Executive Director Joe McIalwain who mentioned the arts commission had discussed graphics on the south wall of the ECA building facing the north wall of the BGC and possible synergy between them. The building height and setback will be considered during the permit process and he was hopeful those could be overcome to allow 16,000 square feet. The construction zone will be a tight footprint; the BGC is committed to restoring anything disturbed during construction to its current condition. Council President Pro Tem Olson observed the garage doors on the west side were added at the request of a councilmember. She did not think it looks as nice with the garage doors and a resident mentioned the garage doors make the building look like a fire station which may not be the look the BGC was going for. COUNCIL PRESIDENT PRO TEM OLSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE DESIGN AS IT RELATES TO THE PARK WITH CAVEATS, POINTING OUT DISCREPANCIES WITH THE EDMONDS CIVIC PARK PLAYFIELD DESIGN GUIDELINES ON PAGE 3, SECTION 1, MASSING AND ARTICULATION, AND SECTION 5, ROOFLINE AND ROOF MOUNTED EQUIPMENT. Council President Pro Tem Olson said she identified at least two caveats and possibly other councilmembers could add to the lists of caveats; there are items in the Civic Field Park Playfield Design Guidelines that this design does not meet. She was unsure the original author of the design guidelines, and if the ADB, staff or planning board via the public hearing process decided to deviate from the design guidelines, she would not personally take offense, but she did not support council approving a design that does not meet elements of the design guidelines. Her motion to approve the design as it relates to the park with those two specific caveats where it does not meet design guidelines allows the BGC to continue to move forward and gives a heads up to the entities that receive this approval that those are two specific areas the council highlighted. For Councilmember Paine, Council President Pro Tem Olson provided clarification regarding the sections in the design guidelines that she referenced. Councilmember Paine commented her children attended the BGC and she agreed it was difficult to reach the upper floor. The building has been well loved by the community and has served its purpose. She appreciated that the building would be LEED which guarantees some sustainability of materials, etc. which was very appropriate. She liked the idea of collaborating with Edmonds City Council Approved Minutes July 5, 2023 Page 9 the ECA to have artwork on both buildings that pulls them together visually. In her mind, solar panels were a giant plus. She agreed compliance with the current code was paramount. Building height is an area of focus and she agreed the guidelines do need to be followed. She summarized it was an exciting project that will be refined by other processes. Councilmember Buckshnis commented the Civic Field Park Playfield Design Guidelines were developed in 2018 when there was not a clear idea of the BGC's plans so she understood why Walker Macy was very conservative in the design guidelines document. With regard to height, she referred to the variance process such as was granted for the Waterfront Center. She agreed the guidelines were important, but the gym could not be 2' feet short. She referred to a citizen's recommendation that this go to the Architectural Design Board (ADB) now and Ms. Feser's response that it will go to the ADB as part of permitting process. Councilmember Nand thanked the BGC for incorporating the feedback from the public hearing and from the city council. Noting there is a significant footprint on top of the gymnasium which may be reduced by the placement of solar panels, she asked if there was an opportunity for rooftop access such as a meditation space, community garden, etc. With activities geared toward children, there is an understanding that behavioral issues can be address by children having access to a calming environment and places to de - stimulate themselves. She asked if that could be incorporated into this design or would it be too challenging. Mr. Clark said they looked at the option for a green roof, but felt solar was more important. Allowing people on the rooftop presents additional challenges because two exits would be required as well as elevator access to the roof which would extend the height 8-10 feet. Councilmember Chen referred to water issues with the library roof and did not like the idea of a new building having a roof leak and preferred locating solar panels on the roof. As he looked at the beautiful design, he recalled the graffiti in the $22M Civic Park and asked how that could be prevented on this building coupled with keeping kids safe. He suggested the addition of a fence or other ways to protect the building and also keep kids safe. He thanked the BGC for listening to the public comments about solar panels and agreed that would be a good feature. Mr. Toukalas answered some other BGC projects include an indoor graffiti wall where kids can express themselves without damaging the building. Councilmember Chen was hopeful those who were doing the graffiti would come inside and use the graffiti wall. Mr. Clark suggested adding a graffiti coating on the building to make it easier to clean off. Council President Pro Tem. Olson commented an indoor graffiti wall was a good, creative solution as was a meditation space. She suggested the petanque courts, when not in use, would be a good place for meditation. With regard to having this level of design reviewed by the ADB, she wondered if the ADB would be willing to have an informal conversation to provide early input to the BGC which could help expedite later stages. She summarized that might be of value if staff could make it happen. Councilmember Paine referred to the Civic Park Design Guidelines that were referenced and asked if they were guidelines or requirements. Ms. Feser answered they are guidelines, strong suggestions, ideas, concepts or practices that were envisioned to help the building fit aesthetically into the park. The guidelines were developed by Walker Macy during the park master planning process to create guardrails for the BGC if their building was renovated or rebuilt to help the structure fit within the park. Mr. Toukalas commented the guidelines and the design were not developed in parallel timeframes. When Walker Macy was going through the design phase, the BGC was still contemplating whether they would stay at Civic Park. If the guidelines and the BGC design had been developed on simultaneous timelines, the guidelines may have been different. Councilmember Teitzel commented looking from the west, it appears the roof is entirely flat. Mr. Clark answered it is sloped behind the parapet to drain water to the north and south. Councilmember Teitzel relayed his understanding the BGC will be asking for a 5-foot variance to accommodate the height of the Edmonds City Council Approved Minutes July 5, 2023 Page 10 gym. He asked about additional height if solar panels are added to the roof. Mr. Clark answered likely an additional 12-18 inches, but they would be pretty well screened by the parapet. MOTION CARRIED UNANIMOUSLY. 2. ARPA USE ORDINANCE This item was removed from the agenda via action taken under Agenda Item 5. 3. CONSOLIDATED APPROACH FOR 2024 COMP PLAN UPDATE AND HIGHWAY 99 SUBAREA PLAN Planning & Development Director Susan McLaughlin explained this is regarding the contract for the comprehensive plan and the environmental analysis on Highway 99. She reviewed: • Recap of 2022 visioning efforts o Intent ■ Reach populations we don't often hear from in the public process - Inclusive branding that led to naming of the comprehensive plan, Everyone's Edmonds - Survey and marketing in multiple languages - Meet people where they are - Have a neighborhood presence - Test new outreach strategies - Willingness to make mistakes and learn -not let imperfection e the enemy of good intent o Goal ■ Solicit 3,500 comments from the community ■ One comment equals ■ Each response to a survey question ■ Each comment recorded at outreach event ■ Over 8,500 comments were collected o Foundations of Visioning Outreach ■ Week 1: Identity ■ Week 2: Quality of Life ■ Week 3: Economic Growth ■ Week 4: Environment ■ Week 5: Culture ■ Week 6: Livability and Land Use o Summer 2022 Visioning Activities ■ Collective Visioning - Coffee Chats - themed neighborhood conversations - Weekly Articles - help put weekly themes into context - Table at local events - meeting people where they are - Yard signs - raise awareness - Panel Discussion - in-depth conversations on key topics from subject matter experts - Walk & Talks - explore key topics in real world scenarios - Online Surveys - allow individual expression - Multi-lingual Branding - process of building trust o Who did we hear from? Edmonds City Council Approved Minutes July 5, 2023 Page 11 502 4,088 9% 6% -3% 503 5,975 13% 11% -2% 504.02 5,569 12% 6% -5% 504.03 3,000 6% 3% -3% 504.04 4,124 9% 6% -3% 505.01 3,083 7% 20% 14% 505.02 3,963 8% 23% 15% 507 6,375 14% 11% -2% 508 6,939 15% 7% -7% 509 3,871 8% 5% -3% • Draft Vision Statement EDtAOND5 WMT W- "L OUR 1T W O�� •R�Rri�..i5. .J.�a6ar.Ns?� � uw u M9Ndw TIp ��fsnVS� LESS IVBYING SryIE iMll iNM ATt105ONEEE RA pr0.7E WfY'1MEI�BIE NObW4 DRAFT V6161 STATEMENT '[JNJNof A AwfKAM�w oh uiEPoad. YE JAuc sw gJM 4[XiK bTFµibbRE� VIBNNf 4M PV6Bi �IF411B0at�00 W 14U f11Y 51�+5, ANOA'WNP16AR3REVENeail E'Wr;�cfau.M) r nca Wa0'gYz NbW MWWMb�iR N.+i.irai rn,aw--• A _ 502 T11Ik 'milk 503 sm.kw 504.04 Wpkw-d oma 504.03 w Mg. 505.01 El 504.02 sown d wooaw Eape.an<e 508 505.02 nanw.aa Fare. 507 n 50 Lake— la(QfgSlkl4 BIJFpSt^I Rw EAif�a�Y� � OIISOE6 OWMYIa �\'— WY) o Vision statement based on tally/analysis of 8,500 comments, which were synthesized into succinct statement o Want to keep integrity of vision statement because it was intentionally crafted by the number of times a word was expressed in the 8,500 comments o Recurring themes will help provide transition to the comprehensive plan goal and policy work • How was the vision statement vetted? o Online survey open late February to early April 2023 o Sent to all City households via Mayor's Quarterly Newsletter o Also sent out via project email list and city social media ■ 51 % - "hit the mark" ■ 49% - did not • Transitioning from vision to comprehensive plan o The Community Vision Statement frames the upcoming goal and policy discussions in the Comp Plan o Is there still a chance to "wordsmith" the vision statement. Sure, but staff is committed to retaining the integrity of the collective comments we received during initial visioning phase. o The next phase of community engagement is intended to enrich the vision by discussing specific topics such as: ■ Compliance with recent housing bills for topics such as middle housing & ADUs ■ Neighborhood business districts/economic development ■ Climate resilience, natural resource protection and waterfront planning ■ Equity, displacement risk and environmental justice • Summer 2023 Engagement o Community kick-off in late July with continued efforts to "meet people where they are" o Ongoing presence at community events such as: the Summer Market, Community Fair and Reimaging Events Edmonds City Council Approved Minutes July 5, 2023 Page 12 o Consultant team will develop Community Engagement Plan with additional outreach events, strategies and formation of the Community Champions Committee o Social media, guest speakers, and updating project website Planning Manager David Levitan reviewed: • Consultant RFP and Selection Process o RFP issued in summer 2022 was unsuccessful o Updated RFP issued in March and closed in late April; included optional task for Highway 99 SEIS o City received four proposals, which were reviewed in early May ■ Two proposals included optional Highway 99 SEIS task (with different approaches) ■ Top two consultant teams were interviewed in mid -May (one with optional SEIS and one without) o Interview panel unanimously selected VIA Architecture Team o City negotiated scope of work, budget and schedule, including: ■ Highway 99 ■ Waterfront issues ■ Environment and natural resources ■ Economic development plan ■ Scale of outreach • Scope of Work, Budget and Schedule o VIA's proposal includes ■ Production of the comprehensive plan document, including EIS ■ Additional focus on Highway 99 subarea, including dedicated community outreach, potential plan/code refinements, and SEPA review ■ Development of an Economic Development Plan ■ Illustrative waterfront vision o Heavy focus on inclusive engagement and graphic -rich materials o Includes numerous touchpoints with boards/commissions and the public, including: ■ Five meetings with planning board and two meetings with city council in advance of public hearings; staff will provide additional frequent updates ■ 2-3 meetings in each of the City's neighborhood commercial areas ■ Public EIS scoping and review meetings ■ Online engagement strategies • Why Highway 99 SEIS + Comp Plan EIS? o VIA team reviewed previous council discussions and community feedback related to Highway 99 Subarea 5-year update and the council's request for a Highway 99 SEIS o Recommended the integration of Highway 99 environmental analysis into the Comp Plan EIS, so that the City can take a holistic approach to future growth and environmental protection o Aligns with staff s feedback to council last fall, and would provide: ■ Efficient and coordinated process within the project timeline ■ Allow City to identify potentially significant environmental impacts and necessary mitigation measures at a citywide scale ■ The same level of analysis envisioned for the SEIS would still occur o City council could still choose to amend the subarea plan and/or repeal the planned action ordinance. • Community Champions Steering Committee o In line with P&D's Equitable Engagement Framework, the City is proposing the use of a Community Champions Steering Committee to weigh in on key policy issues Edmonds City Council Approved Minutes July 5, 2023 Page 13 o Community Champions will include a variety of historically underrepresented groups, including racial minorities, older residents, non -motorized transportation users/advocates and environmental organizations. Next steps o Finalize the contract with VIA and committee/council review o Introduce project approach to planning board (July 12) o Community kick-off (late July) o Form Community Champions Steering Committee o Neighborhood meetings and other outreach (Community Fair, Summer Market, Reimagining) Councilmember Nand expressed appreciation for the hard work staff put into visioning in preparation for the comprehensive plan update. With regard to the process going forward with the visioning statement, she was struck by the use of sesquipedalian terms and the strong bias in the terminology used throughout the materials that would be more likely to engage college graduates or those with advanced degrees, and not those with less formal education or younger people. Although the City is trying to target historically misrepresented communities, what she sees at feedback events is people who likely are college graduates which is not a broad representation of the community. She loved the substance, the ideas and the breadth of topics covered in the visioning statements, but it may have more impact if some of the multisyllabic terms were changed to shorter, punchier statements. Councilmember Nand referred to the chatter about the use of consultants. With the $400,000 budgeted for this project, she asked if some of the people in the community who are already engaged could be incorporated such as My Edmonds News, the Edmonds Beacon, and the Edmonds Neighbors Facebook group. For example, the moderator of My Edmonds Neighbors, Sarah Butler, moderates thousands of comments every week from Edmonds community members and does not receive any compensation. In her position as liaison to the tree board, it seems the people who participate are not imbedded in the community the way these individuals are who do this basically as a community service with little to no compensation. She understood from the perspective of journalistic integrity, it is desirable to have My Edmonds News and the Edmonds Beacon able to critique government's process, but they also do incredible work with community outreach and town halls. She questioned whether there was a way the consultant could do that while still allowing those sources to lambast the council if they did not like the council's process. Councilmember Nand asked about the compensation model for the community engagement plan and the public process for recruiting Community Champions. Ms. McLaughlin acknowledged Councilmember Nand's comments about the language that was used in the visioning statement, noting the words used most often in the process were reflected. With the census tracks that responded most to the surveys and attended events, sometimes educated terms do show up in the vision statement. She agreed there was opportunity in the development of goals and policies to develop value statements and to frame topic areas using layman's terms. With regard to the compensation model, Ms. McLaughlin explained for years the City has relied on unpaid or underpaid organizations in under -represented areas of the City to provide feedback. It would be similar to the City asking an engineering firm for free feedback, when the City should be compensating them for their input. The compensation model levels the playing field and pays people for the services the City needs to provide an inclusive comprehensive planning document. In terms of the actual transactional process, that is still being worked out. It has been done in other cities in a multitude of ways, gift cards, W-9 forms, etc. Once the list of organizations and participants is developed, staff will determine the best transactional approach. Councilmember Nand asked if the AMI calculations for new density could be considered as part of the comprehensive plan update. With the scope of the housing bills, this will be a very important comprehensive Edmonds City Council Approved Minutes July 5, 2023 Page 14 plan update for the City. In an earlier presentation, the City's lobbyist said 80% AMI from HB 1110 would be a floor, the City could push it down to 50% AMI and make it much more stringent for developers. There are also ways the City could get more bang for the buck with MFTE. She asked if those would be within the scope of the consultant's services. Mr. Levitan answered as it relates to the comprehensive plan and HB 1110 compliance, those are specific income bands, 0-30%, 30-50%, 50-80%, etc. up to over 120% AMI. When they are implemented via the development code to comply with something like HB 1110, there is some flexibility, the City does not have to use the same income levels, but the income levels would need to be justified and rationalized. The comprehensive plan would give that policy guidance; for example, the City has identified this and wants to go above and beyond what is statutorily required. Code amendments typically follow the comprehensive plan by approximately six months. Councilmember Nand referred to weekly articles in local news sources and asked if those could be sponsored. Ms. McLaughlin answered it would be very ambitious to promise weekly articles over the next 11/2-2 years. It is a great idea to encourage guest views, but that strategy will need to be framed. Councilmember Buckshnis said the 8,500 comments were limited to 120 characters, similar to a tweet. She would like an opportunity to review the comments to see the common themes. She did not think healthy streets was thought of by anyone until Ms. McLaughlin joined the City. She relayed some citizens informed her they attended all the presentations, but the data states no one showed up at some of the presentations. The council has not seen the notes that were used to develop the vision statement. The vision statement was revealed at Porch Fest, but the council has yet to vet it. The yes/no survey that was sent out angered many people; she was trying to calm people down and give them an opportunity to look at the 8,5000 comments and how they were used to create the vision statement. Ms. McLaughlin said she would be happy to send council the categorized 8,500 comments. Councilmember Buckshnis asked if they could be posted on the City's website. Ms. McLaughlin answered they were large to put on the web, but a way could be figured out. She said the advertising of events last year was transparent and there were people at all the events. All the comments received are included in the documented 8,500 comments. Staff was very meticulous about documenting every comment because the goal was to ensure that every voice was heard. Councilmember Buckshnis encouraged staff to provide a link to the comments. Councilmember Buckshnis recommended bifurcating the EIS from the comprehensive plan. In July 2022, via Ordinance No. 4079, the council asked for a SEIS for the subarea plan. The subarea plan deals with a portion of Highway 99, not all of it, and she did not want to lump an EIS in with the comprehensive plan. This is an update to the 2020 comprehensive plan, but it seems like it should be rewritten. Ordinance 4079 addresses units, land use, development thresholds, transportation thresholds, elements of environmental and degree of impacts, and changed conditions; aspects that need to be addressed for buildings in the subarea area of Highway 99 which does not include the international or hospital districts. She preferred to separate the comprehensive plan from the SEIS and have Herrera do the SEIS. The SEIS does not need to flow into the comprehensive plan and she felt staff was overreaching saying the SEIS needs to be part of the comprehensive plan when it is a separate thing compliant with Ordinance 4079. Ms. McLaughlin answered the environmental framework, a SEPA analysis, is very standardized. How things are analyzed and what things are analyzed is a very tried and true methodology. Because a citywide environmental analysis is being done through that methodology, it would be redundant to do them at the same time for overlapping areas. The preference is to leverage that work and spend more money on outreach and get more community conversations which will lead to more customized outcomes. This approach will get the best outcome in the most efficient way. Lindsey Amtmann, environmental planner, Herrera Environmental Consultants, explained during the RFP and procurement process she was able to review comments made to council on the Highway 99 EIS. In her opinion, a lot of community and stakeholder concerns have not been addressed through the EIS Edmonds City Council Approved Minutes July 5, 2023 Page 15 process, but the calendar keeps moving on and the City now needs to update its comprehensive plan. As a SEPA practitioner of over 20 years, it makes the most sense to do one EIS. The City will have a comprehensive plan and an EIS that looks at potential environment impacts of the comprehensive plan. One possibility is to do a separate EIS for the Highway 99 corridor. She proposed the City complete one EIS for the whole city. The two main reasons for doing an EIS are, 1) the proposed action or the project is changing a lot, or 2) if environmental impacts were missed, neither which are the case in this instance. In this case, the community is not satisfied. If the City is trying to meet its comprehensive plan goals and other city planning goals that are triggered by what is done in the Highway 99 corridors, some of the actions and mitigation may take place elsewhere in the City. If the Highway 99 process is siloed, there may be people in other neighborhoods who aren't paying attention because they don't think they are part of the Highway 99 community. Having a citywide EIS process is the best chance of capturing all the stakeholders and addressing the concerns of everyone in the community, not just one area. Councilmember Buckshnis said she is following the ordinance the council approved in 2018 and asked if Ms. Amtmann had read Ordinance 4079, establishing a planned action for the Highway 99 subarea pursuant to the SEPA. Ms. Amtmann responded she has, but it has been a while. Councilmember Buckshnis said the council asked for the EIS because there are a lot of units coming on line and citizens in the Highway 99 subarea are concerned about their neighborhoods which is the reason a specific ordinance was adopted. She did not have a problem with doing a separate EIS for the entire City, but in July 2022, the council asked to have an EIS done because citizens want to know about density, land use, pollution, and other issues that would be addressed in an EIS rather than wait until the end of 2024 when a citywide EIS is done. She reiterated there are units coming on board now and a SEIS needs to be done because citizens want to know the impacts of the units, what will happen to the aquifer, etc. Ms. McLaughlin commented the subarea plan relates to housing capacity as well as development activity. The development that has occurred is a fraction of the threshold that was anticipated in the subarea plan EIS for Highway 99 in terms of development capacity. The analysis in the EIS anticipated thousands of units and the impacts relative to traffic, stormwater, etc. were mitigated. A critical aquifer recharge ordinance is be developed and will be ready later this month. She summarized the discussion is not about impacts that were not analyzed in the subarea plan EIS, the discussion is about things like displacement that weren't originally addressed and that need to be addressed in a citywide EIS. The Highway 99 area cannot be isolated because it would be inequitable to analyze displacement only in that one area. It is important to think about the housing approach citywide, particularly when members of the Highway 99 subarea feel they are taking the bulk of the density. That is a real conversation that needs to occur at a citywide level to balance the density and analyze it relative to the transportation, stormwater, community facilities, parks, etc. Mr. Levitan explained whether or not the 3,325 residential units covered by the planned action ordinance are appropriate or not, it points to the need to analyze it with a citywide comprehensive plan EIS. If there is concern that too much growth has been dumped into Highway 99 neighborhoods, one of the alternatives that could be analyzed in a comprehensive plan EIS is a no action alternative that is based on current land use and zoning plus 1-2 other alternatives, one of which could analyze reducing the number of residential units assumed in the Highway 99 subarea. He cautioned, those numbers were based on the 2035 growth targets which were several thousand units less than the updated 2044 growth targets. The 3,325 units included in the planned action ordinance are a significant chunk of the 2035 growth targets, but not nearly as large a percentage of the 2044 growth targets. If the number of units in the Highway 99 subarea is reduced, additional units need to be accommodated throughout the City which would be factored into the alternatives analysis. A SEIS is typically to address potential additional unavoidable significant impacts. If the number of units are reduced, there will be less impacts. As far as needing a SEIS to address changes in land use within the subarea plan, if the numbers are reduced, it does not seem to require an EIS. Edmonds City Council Approved Minutes July 5, 2023 Page 16 Ms. Amtmann agreed with Mr. Levitan. She relayed her understanding of Councilmember Buckshnis' comments, that she is concerned with the timing, and the community wants to know about potential impacts and what is happening in the Highway 99 corridor in advance of the comprehensive plan and issuing the comprehensive plan EIS. She opined doing two EIS either concurrently or sequentially will take far longer than doing one EIS that looks at the City as a whole. If there are particular concerns, those may be addressed during the public outreach process or during scoping or a separate non-SEPA specific outreach process which is something the consultant team will be looking at for the Highway 99 corridor. Ms. Amtmann expressed concern with reaching all of the community with two separate EIS. If a Highway 99 EIS is done first, commitments may be made that the City is bound to in the comprehensive plan. Then during the outreach, people may feel things are being sprung on them because they weren't paying attention during the Highway 99 process. In terms of prudent expenditure of public dollars, one EIS will give the City much more bang for the buck than two EIS. There would be the same level of public involvement, the same outreach, the same community involvement and no one would be left out. Councilmember Buckshnis commented that would violate Ordinance 4079 so it would need to be changed. Ordinance 4079 states there should be a review every five years; there was a review in July 2022 and council voted to have an EIS done, but that has not happened and now it is being lumped all together. Citizens are concerned that the Highway 99 SEIS is being lumping in with the comprehensive plan. She acknowledged a citywide EIS could be done, but most of the growth is projected to occur in the Highway 99 subarea. The units coming on line have not been analyzed and people think there needs to be mitigation for traffic, land use, bulk, etc. This is very expensive for a comprehensive plan update and the concerns she raised with Ordinance 4079 will need to be addressed when Council President Tibbott is back. Councilmember Buckshnis referred to the Waterfront Issues Study, recalling staff made a presentation to council and were to return with the changes the council requested which has not been done. She did not want VIA to be working from a vision statement that the council had concerns with, was too detailed, was written in a comprehensive plan format, and contained incorrect information. She asked if the council would see that again before it was provided to VIA as source data. Ms. McLaughlin said there has not been a waterfront visioning process nor has anything been written into the comprehensive plan regarding the waterfront. An issues paper regarding the waterfront was prepared with a baseline analysis of what was happening per topic. Councilmember Buckshnis said that was what she was referring to. Ms. McLaughlin said it was basically a current status study as a foundation. As a waterfront vision is scoped as part of the comprehensive plan, policy and land use guidance will be developed for that study area. She was happy to return that study to council and suggested scheduling it on the extended agenda as long as it was of interest to the entire council. That will need to be a focused conversation as that consultant contract has concluded. Councilmember Buckshnis recalled the council made a lot of comments and thought staff would come back to council. A mitigation report was used to identify the marsh as a $14-16M cost when it had nothing to do with public comment or input or even council approval so parts of the report were inaccurate. Councilmember Paine thanked staff for having the Herrera staff person available, noting Herrera has a very fine reputation. She referred to the RFP (packet page 152) which states, At a minimum, the plan should include the following existing elements. She suggested amplifying the environmental concerns such as sensitive areas, major water bodies, watersheds with greater stormwater impacts, etc. in the scope of work. She liked the outreach that was done with Everybody's Edmonds and Porch Fest. She pointed out that input was not statistically valid and the body of confirmation is big. She felt a statistically valid survey would add value but did not know where it would be best to insert it. She expressed interest in refining the policy direction so there is community knowledge of the policy elements in the comprehensive plan and then have Edmonds City Council Approved Minutes July 5, 2023 Page 17 a statistically valid survey to ensure there is a doublecheck. There is some unevenness based on the regions, but that may not be statistically abnormal. With regard to an EIS and SEPA, Councilmember Paine loved the idea of having it done for the entire City, particularly due to the legislative changes with regard to housing which will be a moving target. She expected there would be some refinement required due to impacts of the housing bills. She asked how often SEPA rules and WACs change. She knew there were some changes in the Highway 99 subarea plan from the first EIS and the request last year for a supplemental EIS, specifically regarding displacement. She asked if there were any anticipated legislative changes that would mess with the City's universe. Ms. Amtmann said she was not involved in the creation of the EIS and was not familiar with the changes Councilmember Paine was referring to. She did not know of any planned changes that would be relevant. The SEPA WAC changes constantly, she receives emails about minor changes every few weeks. Her approach would be to move forward with SEPA as written and do a little digging to find out if anything is anticipated, but she has not heard of anything. Councilmember Paine asked about changes related to the approval of HB 1181. Mr. Levitan said that is related to Growth Management, not SEPA. That bill requires cites to have a climate change element; Edmonds already meets the requirements of HB 1181 as climate change, adaptation and mitigation are addressed in the community sustainability element. It will be updated to incorporate the updated climate action plan. The community sustainability element was updated in 2020, the rest of the plan was updated with the 2015 periodic review. Some of the concerns voiced by Ms. Fields during Audience Comments are that environmental protection and environmental quality is not specifically called out in the scope or listed as an existing element. That is because environmental quality and community and public health, natural resources, critical areas, etc. are covered in the community sustainability element. It will be important to point that out to the community during outreach and messaging. If the council prefers to split that out into an environmental quality element, that is not a great deal of additional work. Councilmember Paine commented the council has had input from the community and people are actually reading the comprehensive plan. She appreciated having a broader citywide approach and asked about the timeline for the EIS in the comprehensive plan update. Ms. McLaughlin said as the analysis begins, there may be things that can be pulled out and action taken on them sooner. Staff has the ability to tweak the subarea plan, however, it would be better to take a more holistic approach and understand co -dependencies before taking action. Council President Pro Tern Olson referred to room rentals as a reimbursable expense in the scope of services and suggested since the City owns so many buildings, the consultant should be encouraged to use City - owned buildings for outreach and engagement and get approval from staff or council to use a non -City owned building for outreach. Ms. McLaughlin commented there are a lot of City -owned facilities in the bowl, but there are not a lot on Highway 99 or in areas where the City typically does not have a big presence and is trying to provide equitable, inclusive outreach. She noted the City pays for use of the Waterfront Center. She suggested adding language to be sensitive to that issue but did not want to preclude paying for room rentals. Council President Pro Tern Olson said there are some buildings available such as the Public Works building on 72nd. Ms. McLaughlin observed the conference room is very small. Council President Pro Tern Olson pointed out the cafeteria is huge. Council President Pro Tern Olson pointed out reference to Everyone's Edmonds on page 4 of VIA proposal is written incorrectly. With regard to an online survey, she asked the consultant's level of expertise in developing questionnaires and suggested having statistically a survey. With regard to the waterfront issues study, she recalled not agreeing with at least one of the recommendations in the study. It is worth bringing back to council which she will discuss with the council president. Regarding the community champions steering committee, she agreed it would be good to have representatives from the environmental community Edmonds City Council Approved Minutes July 5, 2023 Page 18 including the Lake Ballinger Forum, the marsh stream team, etc. to ensure citywide, comprehensive input about the environment. She also suggested listing co -housing as a housing type to look at in comprehensive plan. Council President Pro Tern Olson gave A+ to Ms. McLaughlin, Mr. Levitan, and Mayor Nelson on the process. The council has been asking for collaboration and to be brought into the process earlier and that was accomplished on this agenda item. She quoted from the narrative, "Council is requested to review and provide feedback on the approach and scope of work (Attachment 2) from VIA Architecture, including its recommendation..." commenting these are the type of conversations council has been asking for and hoping to have. She hoped the input council provided helped the process move forward in a way that everyone who is interested in what happens in the City wants. With regard to the draft vision statement, Council President Pro Tem Olson said she had a really big issue and there was no nice way to say it seems ridiculous to say you want to maintain the integrity of the draft statement when there was a 51 %/49% endorsement from community which represents what happens when there isn't collaboration. When the draft vision statement was brought to council as a draft, council wanted to define a healthy street and asked questions about the draft statement. When the community is presented with an alleged draft and asked if the City got it right, that was a missed opportunity to get more feedback and how it could be improved. If one of the words staff heard over and over was healthy, but not necessarily in the context of a healthy street, and there is a planning definition where healthy street means something very specific, no one who was asked a yes or no question about a health street has any clue about that. The City is where it is and this is the draft vision statement that is now final, but she had a big problem with a 51%/49% endorsement from the community. She hoped the City was going into the comprehensive plan update looking to get a vision statement that is actually validated by the community. Ms. McLaughlin answered first and foremost, the objective of the visioning process over six weeks was to really hear from as many people as possible and document those conversations, to get the branding and the name and get people excited about this 20-year growth strategy. The City was at a disadvantage because the process had to pause because the RFP only resulted in one proposal that the City did not pursue and there were staffing changes at the senior planner level that manages this project. The reality is that the draft vision statement is a draft until the end. The City needs to start getting into the themes, cutting the data to talk about middle housing, what people in the Lake Ballinger neighborhood want, etc. There are 8,500 comments that can be built on. She respected the comments, noting first and foremost the goal was to raise awareness and get people's feedback. She honored the transparency of the 51%/49% buy -in, noting those were conversations that can be built on. She hoped to move forward talking about more substantive comments and cross check them with the vision statement. She concluded there is a lot of work to do on the substantive topics. Councilmember Chen expressed appreciation for a citywide SEPA approach. He was not saying that Highway 99 was not important, but it is part of the citywide SEPA assessment. In particular, Highway 99 is not the only area of the City that can absorb density; density needs to be spread citywide due to the lack of infrastructure and green space, crime, and environmental impacts. He hoped the SEPA assessment will help document that Highway 99 is not the only area of the City that can absorb density. He applauded the outreach efforts in 2022, and recognizing that the effort to reach the non-English speaking population was not very successful, he asked what staff planned to do differently to have a better outcome. Ms. McLaughlin answered there was a fairly slim budget for branding, multilingual translation, the general approach, categorizing, and developing a vision statement. There is now an on -call contract for translation and interpretation which will make a big difference. Stepherson & Associates, who will assist via this consultant contract, is well versed in connecting with people who are not typically part of the process. The community champions will also assist with connecting people through their organizations. Edmonds City Council Approved Minutes July 5, 2023 Page 19 Councilmember Nand was glad to hear from the consultant who proposed consolidated the EIS into a citywide plan. When looking at this contextually, the community there is just now finding out based on community activists' comments that they were upzoned in 2017 to CG which staff previously described as the most generous building heights in Edmonds. She found it schizophrenic to have the planning department seeking a finding of blight for the entire corridor because it was so incredibly messed up by previous planning decisions, but then not want a separate EIS or process when the community was facing radical land use changes they did not feel they were apprised of years ago. Ms. McLaughlin clarified, it was not upzoned to CG, it has always been CG. Some of the areas on the periphery were upzoned to CG, but the vast majority of the area was already zoned CG. Councilmember Nand said she was referring specifically to the controversy of the previously single family neighborhoods that were upzoned to CG due to their proximity to the corridor. Many community activists fought for the SEIS last year because they thought it was an opportunity to put the brakes on very radical land use changes they are seeing in real time and she did not want that work overturned by the council and the planning divisions. She clarified her comments were not a criticism of Ms. McLaughlin or Mr. Levitan, but a general feeling having grown up along the Highway 99 corridor and the City moving in a certain direction without much input or feedback from the people who live in the affected area. If the SEIS for the Highway 99 subarea is to be consolidate into a citywide EIS, there should be a public hearing to invite community activists to provide feedback. She is often uncomfortable with the tenor of the conversation on the dais, seven councilmembers deciding for the people who live there whether they will have 7-story buildings with or without setbacks, shadowing, massing, lack of parking, traffic impacts, lack of sidewalks, etc. She wanted to ensure there was as much community process as possible related to these important changes in that part of the community. Ms. McLaughlin answered this is a very complex topic. The subarea EIS analyzed the zoning capacity and the level of impacts were mitigated against in the EIS. The frustration is not the methodology but the existing lack of infrastructure. Doing another EIS will not miraculously create capital dollars to mitigate against the lack of sidewalks or create a threshold for private development to build sidewalks. It is a complex planning framework issue that is difficult to explain to people outside the process. That being said, she hoped the council trusts staff and the consultant after hearing the feedback and understanding the subarea plan and understanding the issues the community cares about such as displacement, sidewalks, intersection safety, stormwater, etc. that they recognize those issues and are trying to create the tools to actually create the change they want to see. She assured the Highway 99 community will be engaged again and again in this planning framework. At any point, if the process needs to divert or another action needs to be taken, there should be the liberty to do so if it will better serve the community. What the council is hearing the consultant and staff say is they are using the most expeditious and holistic approach which is in keeping with the community's needs. Mr. Levitan added, as someone with a strong background in SEPA who watched the process as a resident last fall before he was employed by the City, he did not want it to seem like staff or the city council was downplaying concerns voiced by the community. Analyzing whether development potential as far as the zone capacity and heights that were implemented as part of the development code need to be changed to have they have less impact on community is absolutely something that will be done. That is better structured as part of the comprehensive plan EIS as one of the two main alternatives, an alternative that reduces building heights and zone capacity within that area. A full comprehensive plan EIS has not been done since the 1995, largely because the City hasn't had to increase its zone capacity to meet its growth targets. The City now has a massive increase in the zone capacity it needs to accommodate and will need to change land use or zoning designations to meet those growth targets. Councilmember Buckshnis observed there were four responses to the RFP and asked how VIA was selected. She noted from their website, VIA is a really good urban planner, but pretty weak in the area of Edmonds City Council Approved Minutes July 5, 2023 Page 20 environmental. Mr. Levitan answered the entire team was evaluated including Herrera assisting on the environmental side and with policy. Because Edmonds' RFP was out a little later, some of the traditional firms that do comprehensive plan updates had already exceed their capacity. Staff was happy to get four responses; other cities did multiple RFPs before receiving proposals. Consultants rely on subs for areas of expertise they do not have; looking at the team holistically with the primarily consultant on economic development, land use and urban design, and Herrera on the environmental side, they will be able to more than adequately address issues that need to be analyzed as part of the comprehensive plan update. Councilmember Buckshnis referred to Taks 3.1, pointing out there was a lot of background documentation and materials that council has never seen such as the five corners alternatives analysis and fact sheet, highway 99 Lake Ballinger sub area plan and PAO. She noted when looking at the website, it appears council has already approved the draft vision statement, the background, why the comprehensive plan is being updated, the waterfront issues report, and a gap analysis, but none of the other documentation and materials such as the 8,500 comments. Citizens are interested in the information that was used to create the vision statement. She suggested updating the webpage to include all the documentation and materials listed. Councilmember Buckshnis asked if the Five Corners alternatives analysis and fact sheet was the Five Corners plan done by the University of Washington 6-7 years ago. Mr. Levitan answered yes. Not all the documentation has been adopted by council, some are background reports or conceptual plans that did not require council adoption. The list of background documentation and materials was to provide the consultant a general understanding of the scope and scale of work that has been completed in the past. Staff can provide specific items if the council wants them. Councilmember Buckshnis asked if VIA is headquartered in Portland. Mr. Levitan answered they are based in Seattle. Councilmember Buckshnis observed the contract includes travel, per diem and airfare. Mr. Levitan advised the project manager is in Seattle, the project principal is in the Bay Area, Herrera is local, and Stepherson is based in Seattle. Councilmember Buckshnis was concerned with providing this information some of which may be inaccurate such as the waterfront issues study. She noted for the PROS Plan, the community champions were selected instead of asking for volunteers. She wanted to understand the process, noting $650,000 for a comprehensive plan is quite a bit of money. She recognized some of the cost was Herrera and doing a citywide SEPA. Council President Pro Tern Olson commented most councilmembers have been involved in issues related to the CG zone and have contacts in the area including people who wanted the SEIS and made the case for doing that. She anticipated the council would get feedback from those residents in the coming weeks and she hoped they would see it like she does, that a holistic approach tends to lead to better results. Ms. McLaughlin offered to make an extra effort to notify of next week's planning board meeting. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER NAND, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. Councilmember Nand said the Highway 99 SEIS is such a matter of interest for community activists and the community in that area, it warrants a public hearing before making these changes. There was a budget allocation and an ordinance related to the SEIS; this is a change to what was proposed to the community as a solution to their problems. The community may be fine with consolidating the Highway 99 subarea SEIS into a citywide EIS, but that is not a decision the council should make with a very skeletal audience at almost 10 p.m. She wanted to ensure there was a robust public process due to changes happening in the corridor. She will talk with Council President Tibbott about scheduling a public hearing. 4. LETTER TO WSDOT REGARDING UNOCAL PROPERTY Edmonds City Council Approved Minutes July 5, 2023 Page 21 Councilmember Teitzel explained on May 23, council considered, 1) the MOU with WSDOT regarding the potential purchase of the Unocal property and 2) a letter to the Governor requesting a meeting to talk about how to work together most effectively to restore the entire marsh including the Unocal property. At that meeting, council approved the MOU, but voted to table the letter to the Governor because, 1) the science and findings from Ecology had not yet been released. That data was scheduled to be released in July, but the date is slipping somewhat, and 2) the letter to the Governor was viewed as premature by a majority on council because WSDOT had not been formally notified of the council's desire to ask for a meeting with the Governor. This item is a letter to WSDOT notifying them of the council's desire to request a meeting with the Governor, WSDOT and Ecology to talk about how to work together most effectively to restore the entire property. The letter is fairly brief, apprising Roger Millar, Secretary of Transportation, of the council's interest in requesting a meeting with the Governor. He requested council approval of the letter and to send it to WSDOT. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM OLSON, FOR APPROVAL OF THE LETTER TO WSDOT. Councilmember Nand referred to the first line of the first paragraph on page two of the letter, "Another path we are interested in pursuing is exploring the potential for the State to retain ownership of the property." She expressed concern this would be in conflict with the MOU where the City is seeking to take title to the property. She suggested revising the sentence to read, "Another path we are interested in pursuing is exploring the potential for the State to retain joint ownership of the property." Council President Pro Tem Olson thanked the authors of the letter, Councilmembers Teitzel and Buckshnis, recognizing the time and effort they put into it. She believed one of the bases to consider whether that is an option with the state is the issue of liability for existing pollution. She preferred to leave it as a separate option for the state to own the property and the City to be a partner in its maintenance. Councilmember Paine feared this was stepping into an already constructed purchase and sale agreement and MOU and she was not sure it was appropriate. There will eventually be more information available via the MOU process. She suggested this may be premature and may be in conflict with the MOU. Further, after learning more, the City may want to do something different. She was not sure what this would accomplish prior to having more substantial information. She did not support sending the letter at this time. Councilmember Teitzel urged the council to keep in mind that the MOU approved in May is nonbinding and is an intent to negotiate further. This letter is not in conflict with the MOU, it is simply a way to do due diligence before entering into a decision on this property. This could potentially be a very significant burden on taxpayers depending on what Ecology reports related to cleanup; additional cleanup could be required which would be very costly. The state has the expertise and resources if additional cleanup is required. The letter is part of reasonable due diligence, honors the taxpayers, and is the right thing to do. The City should explore options while retaining the right of first purchase as described in the MOU and as currently exists in the transportation budget. He did not see a conflict and viewed it as proper due diligence. Councilmember Buckshnis said she did not see a conflict or that it was premature. The letter to the Governor is still tabled; this is just a letter to WSDOT informing them of the council's intent to send a letter to the Governor. It is a courtesy letter and she did not see any conflict. Council President Pro Tem Olson asked if City Attorney Jeff Taraday had any concerns about this being in conflict with the MOU. Mr. Taraday answered he had no concerns about a legal conflict, but reasonable minds could differ whether it sends mixed messages. Council President Pro Tem Olson said the letter refers to the MOU, expresses the council's appreciation for that agreement and informs that the council is exploring other options. It is a responsible and important Edmonds City Council Approved Minutes July 5, 2023 Page 22 thing for the council to do and is an important and good next step. The letter is very respectfully written and she was glad WSDOT was being informed and treated with respect before the City pursued any other options. The letter reinforces the council's desire to continue to hold the right of first purchase of the Unocal property at the same time the City is looking at this other option. Councilmember Chen expressed appreciation for Councilmembers Teitzel and Buckshnis' efforts and forward thinking looking at other options. However, the council has sent the MOU to WSDOT expressing interest in exploring potential purchase which includes due diligence. He did not want to send a mixed message via two different communications. This is not urgent and he would rather not send the letter now, and preferred to work on the MOU and bring this back in the future if necessary. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS TEITZEL, BUCKSHNIS, AND NAND AND COUNCIL PRESIDENT PRO TEM OLSON; COUNCILMEMBERS CHEN AND PAINE VOTING NO. 10. MAYOR'S COMMENTS Mayor Nelson thanked the Chamber of Commerce, City staff, and volunteers who put together the parade; there was a wonderful turnout and wonderful weather and it was great to see people out having a wonderful time. He reminded that fireworks are illegal in Edmonds and exceptional dangerous and conditions in the community and throughout the state are exceptionally flammable. 11. COUNCIL COMMENTS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER NAND, TO EXTEND FOR 5 MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis thanked the Chamber of Commerce for the parading, noting the dancing horses were wonderful and the parade even included a goat and a bunny. She appreciated all the hard work done by volunteers for the parade and the race. Councilmember Nand marveled at the work the very small Chamber of Commerce does to put together a regional event. The work of the Edmonds Chamber volunteers and incredible staff highlights Edmonds' charm and culture. There is culture in south Snohomish County and it is not dependent on Seattle for culture which is part of what makes this community great. She agreed conditions in the state were very flammable; a tree caught fire in downtown Edmonds, possibly due to fireworks, and two women lost their lives in a fire in Mountlake Terrace on July 3. Avoidable tragedies occur when people are irresponsible with fireworks. Council President Pro Tem Olson reported seeing five young adults, late high school or early college, going down the Daley steps on their way to the new Civic Park as she was going up the stairs. They were laughing and talking, carrying scooters and skateboards, nobody was on their phone and they were totally engaged in the moment. If anyone was looking for a positive report card on the Civic Park project, that moment was an A+. She looked forward to ensuring those kinds of amenities are offered in other areas of the City as well. Councilmember Paine hoped everyone had a wonderful 4t' of July with the focus on safety. The parade was awesome and everyone had a great time and she hoped that tradition would continue. She corrected the record regarding some earlier comments, explaining Zipcars, a great community transportation option sponsored by Community Transit, are enormously popular; Community Transit hit their 2-year target for usership in Lynnwood a year early and she hoped Community Transit would bring Zipcars to Edmonds soon. She expressed appreciation for staff s work on the comprehensive plan update and the community vision. Healthy streets, green streets and other possibilities that are still undefined are concepts that advance Edmonds City Council Approved Minutes July 5, 2023 Page 23 and improve the community in sustainable ways such as sidewalks. The City needs to accommodate the growth anticipated in the Puget Sound region. She encouraged the council to be curious as new phrases and concepts are introduced. Councilmember Chen said one of the things he liked about the 4t' of July parade was the level of participation from all ages and backgrounds and everyone having a good time. He thanked Congressman Rick Larsen for participating in the bike ride around Edmonds on July 3 to promote healthy lifestyles. He looked forward to more projects to connect bike routes. The bike ride started at Five Corners, along 84t' to 220' to 76'to Highway 99 to the Interurban Trail and back to Five Corners. Councilmember Teitzel reported on the Pride event he attended last week which he found very uplifting. He complimented the DEIA commission for their work, Mr. Tatum for organizing the event, and Mayor Nelson and Police Chief Bennett for their remarks. 12. ADJOURN With no further business, the council meeting was adjourned at 10:18 p.m. cs;�� - SCOTT PASSEY; CLERK Edmonds City Council Approved Minutes July 5, 2023 Page 24