20170425 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
April 25, 2017
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Thomas Mesaros, Council President
Kristiana Johnson, Councilmember
Michael Nelson, Councilmember
Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
R. Peck, Police Officer
Phil Williams, Public Works Director
Carrie Hite, Parks, Rec. & Cult. Serv. Dir.
Shane Hope, Development Services Director
Scott James, Finance Director
Rob English, City Engineer
Leif Bjorback, Building Official
Rosa Fruehling-Watson, City Attorney's Office
Scott Passey, City Clerk
Andrew Pierce, Legislative/Council Assistant
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
3. APPROVAL OF AGENDA
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO MOVE ITEM 7.2 TO ITEM 8.1 AND RENUMBER THE REMAINDER OF
AGENDA 8 ITEMS. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS
JOHNSON, NELSON, FRALEY-MONILLAS, BUCKSHNIS, TEITZEL, AND TIBBOTT VOTING
YES, AND COUNCIL PRESIDENT MESAROS VOTING NO.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED.
MOTION CARRIED UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO
COMBINE CONSENT ITEM 4.6 WITH ITEM 7.1. MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION
CARRIED UNANIMOUSLY. The agenda items approved are as follows:
Edmonds City Council Approved Minutes
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Page 1
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF APRIL 18, 2017
2. APPROVAL OF COUNCIL MEETING MINUTES OF APRIL 18, 2017
3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
4. ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 10.95 ECC (TREE BOARD)
5. REAPPOINTMENT OF PFD BOARD MEMBERS
7. INTERLOCAL AGREEMENT WITH SNOHOMISH HEALTH DISTRICT REGARDING
SALE OF RUCKER BUILDING
8. AUTHORIZATION TO CONTRACT WITH JAMES G. MURPHY TO SELL SURPLUS
CITY VEHICLES AND SURPLUS CITY EQUIPMENT
5. PRESENTATIONS/REPORTS
1. YWCA STAND AGAINST RACISM DAY PROCLAMATION
Mayor Earling read a proclamation declaring April 28, 2018 to be Stand Against Racism Day in
Edmonds, and called upon all public officials, educators, businesses, community leaders, and all people of
Edmonds to observe this day and commit, going forward, to fight against racism whenever and wherever
it may appear. He presented to the proclamation to Mary Anne Dillon -Bryant, Executive Director,
YWCA, Seattle, King, Snohomish County. Ms. Dillon -Bryant relayed the YWCA's mission is to
eliminate racism and empower women. She thanked the Council, Mayor Earling and the City for
recognizing April 28, 2018 as Stand Against Racism Day. Stand Against Racism Day reminds there is
still work to be done in the community and that together we can make a difference. Anti -racism work
needs to occur on a daily basis; things that can be done on a daily basis to combat racism include noticing
what ethnic groups are missing from one's workplace, neighborhood, church and social groups and seek
to create diversity; make a list of assumption we make about other ethnic groups and commit to
unknowing them; and find others taking active steps to combat racism and become their ally.
The YWCA is proud to be part of a new communitywide conference, Step Up: Understanding and
Implementing Racial Equity on April 28 at the Lynnwood Convention Center, hosted by Leadership
Snohomish County,. The conference is free but participants must register online at www.leadershipsc.ors�.
2. CEMETERY BOARD ANNUAL REPORT TO COUNCIL
Jerry Janacek, Cemetery Board Chairman, relayed the Edmonds City Code requires the Cemetery
Board to provide an annual report to the City Council regarding the operations of the cemetery, the short
and long terms goals of the Board, and report on the Board's activities. The Cemetery Board's newest
board member is Betty Lou Gaeng, who wrote, "beautifully situated in a parklike setting, Edmonds
Memorial Cemetery offers a historical pathway to remind us of the people that settled not only in
Edmonds but all the communities that made up Snohomish County."
Founded by the International Order of Oddfellows in 1894 on 4.5 acres of homestead land deeded to the
City by pioneer Thomas White, the cemetery has evolved from what was once an eyesore to a lovely final
resting place for families, neighbors, friends, former community leaders and even some unknowns who
were passing by when fate ended their journey. In 1946 the cemetery was sold to a succession of private
individuals and in 1982 a lifetime Edmonds resident and businessman purchased the cemetery and willed
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it to the City of Edmonds who now maintains its upkeep. In 1972 the cemetery was placed on the
Washington State Register of Historic Places. More than 7,000 people are buried in the cemetery
including 14 former Edmonds mayors, 400 veterans of 6 wars, and many Edmonds pioneers.
Mr. Janacek provided highlights of the cemetery's Board's 2016 activities:
• Held numerous meetings to revise rules and regulations for the operation of the cemetery
o Special thanks to Sexton Cliff Edwards and Recreation Manager Rene McRae
• Two annual events
o Memorial Day Ceremony
■ Honors veterans who have died in the service of the country
W Held for the 34`h time in 2016
■ Councilmembers invited to attend
■ 2017 theme is honoring Vietnam Veterans
o Walk Back in Time held in July
■ Honored many civil war veterans
■ The pastor at Faith Community Church and about 25 elementary age children guided
visitors and learned about the history of veterans
■ Dick Van Hollebeke played Samuel Street, an insurance, real estate agent, undertaker,
first Chamber of Commerce secretary, postmaster and mayor
■ Mr. Janacek talked about his great, great grandfather Ira Bartholomew who served the
Union cause and moved to Edmonds at age 70
• Fully supports the mapping project began in 2016 and continuing in 2017
• Authorized Dale Hoggins to inquire with the Museum about relocating the veteran's monument
located outside the museum.
o Reached agreement to move the monument, which honors many men who never returned
from war, to a permanent location at the Edmonds Cemetery.
Mr. Janacek recognized City staff members Executive Assistant Cindy Cruz, Parks Manager Rich
Lindsay and Parks & Recreation Director Carrie Hite for their assistance. He summarized it has been and
will continue to be the Cemetery Board's goal to make Edmonds and the cemetery a better place.
6. AUDIENCE COMMENTS
Leslie Brown, Edmonds, asked Mayor Earling to explain why at the April 11, 2017 meeting he
orchestrated public comment remarks by Police Chief Compaan and HR Director Hardie to address
citizen concerns of harassment in the Police Department and why it was not scheduled on the agenda.
This has never been done before and she wondered whether he felt it was not an important issue as only 8
minutes was devoted to it. She suggested he provide a response during his comment at the end of the
meeting. She recalled Chief Compaan said allegations of harassment in the Police Department are
thoroughly investigated; however, it was her understanding that allegations made to senior management
in the past were not property documented or investigated which led to a harasser winning his appeal and
returning to a supervisory role. This is a leadership issue and failure to take concerns expressed by women
as serious or true. This is evident by the newest lawsuit, although not about sexual harassment, about a
woman asking for an accommodation due to a health issue that was apparently denied because she is now
suing the City for $500,000.
Ms. Brown relayed the Chief pointed out the City did not admit liability in the Jodi Sackville case but she
asserted if the allegation were false, the City would not have settled. There was clearly substance to the
claim despite the City and Police Department's legal interest in calling it a compromise of a disputed
claim. She questioned how much more citizens will be required to pay due to poor leadership. The Chief
mentioned being proud of department members; she was not saying Police Department employees do not
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work hard for the taxpayers, she was saying Police Department leadership is not earning trust by
responding to this concern with defensiveness and denial. The Chief also stated the best deflector of
liability was risk management, she contended the best deflector was effective leadership where employees
trust and have confidence in top management's willingness to listen and validate concerns without
harassment, vindictive behavior or retaliation. She requested the City Council and Mayor retain an
experienced, outside investigator with a background in investigating Police Departments to get to the
truth and requested a public report from HR on the number, type and resolution of every employee
complaint brought to the City Manager over the past 10 years, what amount if any was paid in litigation
or fees to resolve them, and how many employees have resigned, retired or been fired as a result of a
complaint. She will provide her contact information to be informed of the progress of her requests.
Donna Murphy, Edmonds, said after reading an article in My Edmonds News on April 12, 2017, she
felt compelled to reach out to constituents to understand the depth of issues currently facing the Edmonds
Police Department. A Police Department is an institution with the responsibility to protect and serve the
public. She questioned how a department in such internal turmoil could protect and serve and how the
members could protect and serve when they may not feel safe themselves. It is clear there needs to be
transparency in the operations and the department's current culture. There also needs to be an
investigation of certain department members who perpetuate gender biases and sexual harassment. The
culture of boys club, ball busting and it's just a joke is coming to an abrupt end as evidenced by Phil
O'Reilly, formerly of FOX News, who cost Fox News approximately $13 million for his poor judgment
regarding sexual harassment in the workplace. She questioned how much the acts of a few at the
Edmonds Police Department continue to cost the taxpayers. She implored the City Council and Mayor to
hire an outside agency to conduct a thorough investigation to determine whether sexual harassment,
gender biases and other forms of harassment are part of the daily culture of the Edmonds Police
Department and how it interferes with the officers' ability to perform their sworn duties. She expressed
her support for the City's police officers.
Laura Johnson, Edmonds, relayed feeling sick last week upon hearing about swastikas painted on
homes and cars around Edmonds. In response, a group she belongs to has been handing out postcards
encouraging neighbors to put up messages of love and support to counteract hate speech. This was a clear
threat to our Jewish and non-white neighbors; since 1945, the swastika has served as the most significant
and notorious of hate symbols, representing anti-Semitism, and white supremacy. Incidents of its use are
once again increasing around the country and sadly, Edmonds was one of them. She wanted assurance
that all elected officials as well as the Police Department find this deplorable. This was not simply kids up
to malicious mischief, it was hate speech, a hateful threat carried out against our neighbors and we should
be outraged. She was concerned with the notion of ignore it and maybe it will fade away, fearing this will
not simply go away; it is a growing issue in the country and Edmonds is not immune. She wants to live in
a community that loudly and clearly calls out hate and discrimination regardless of the circumstances and
proactively looks into equal treatment of all employees and citizens.
As a woman and a mom of two teenage daughters, she wanted assurance that an independent party would
look into the issue if there was even a hint of sexual harassment in a City department. If nothing was
found, the City Council could celebrate; if something was found, it could be addressed before additional
lawsuits or loss of valuable employees occurs. Sexist treatment is not tolerated and requires ongoing
effort, self-evaluation, education and occasionally calling out. It is not farfetched that sexism could still
exist within an organization even one as well run and respected as the local Police Department. However,
she gets the sense this is being brushed off when it should be thoroughly investigated. The reaction to
sexual harassment and hate speech come back to the statements made in the Safe City resolution in which
the Council proclaimed, We believe that as elected representatives of the people of Edmonds, we have
special responsibility to speak out against hate and discrimination against any residents and that the City
Council is committed to joining with the people of Edmonds in opposing hate, violence or any other acts
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of intolerance committed against community members. Now is the time to show that the Council stands
behind these statements and take action. She invited the Council to join them tomorrow evening or Friday
to distribute postcards in the neighborhoods.
Patrick McBride, Edmonds, a concrete -worker in a male -dominated profession, said he does his best to
ensure woman working in concrete are free of harassment. Denying there is a problem does not make
things easier for women in male -dominated jobs; it is a way to silence them. It does not change the
mindset that women either put up with it or leave. Denying there is a problem sends a message that the
Police Chief endorses sexual harassment. In the face of lawsuits, convictions and settlements, saying an
independent investigation was unnecessary was a coverup, something the citizens of Edmonds will not
stand for. He asked whose idea it was to have the Police Chief and the HR Director make a six -minute
plug during public comments.
Jennifer Wallace, Edmonds, said she brought her child to watch her first City Council meeting. She
quoted Chief Compaan in a 2013 My Edmonds News interview about a 2013 sexual harassment case, "it
truly pains me that this will reflect on the honorable men and women in the department. It erodes public
trust and in order to do our job well, we need the public's trust and confidence. It's absolutely critical."
He also stated, "this is the greatest community anywhere. The support we get from the citizens of
Edmonds is nothing short of fabulous and I'm continually humbled by it but I know that this trust is not a
given and we intend to earn it every day, maintaining the highest standards of professionalism." A 2015
study found 1 in 3 women have been sexually harassed in the workplace but 71% did not report it.
According to the National Council for Research on Women, women are nine times more likely than men
to quit their jobs, five times more likely to transfer and three times more likely to lose their jobs because
of harassment. This is exactly what has occurred in Edmonds. Sexual harassment can affect mental and
physical health as well as social and economic status, often results in low productivity, low morale,
absenteeism, and employee turnover. Sexual harassment steals control, it is no longer about achievement,
dedication or tenacity. Until change occurs such as transfer, promotion or another opportunity elsewhere,
the victim has to endure it and struggle with victim blaming.
Many harassers are in positions of power such as a field training officer or supervisor, perhaps conducting
the victim's performance evaluation or giving a future reference. Victims who report harassment often
suffer the consequences, not the harassers. Women who file claims have been retaliated against,
ostracized and even terminated. Even when they file complaints or lawsuits, they often have to resign as
part of the agreement which punishes the victim not the harasser. This is what happened in the Jodi
Sackville case and the harasser remains in a supervisory role. Strong police union which defend harassers
interfere with accountability but ironically, they are also responsible for representing and aiding members
who are being harassed. Police unions are not culpable, harassers are protected by engaging in behavior
without witnesses so events are difficult to prove. When harassment is reported to management it is not
taken seriously. The lack of documentation and denial discourages victims from reporting. Acts speak
louder than words; she will wait to see if the Chief of Police has learned that lesson and judge him on his
character and actions rather than his words and she hoped not to be disappointed.
Courtney Wooten, Edmonds, commented on the power of words and symbols, commenting the
swastika graffiti is upsetting but the lack of community response is more upsetting. Discussions she has
had with others have been quick to absolve the perpetrators as just kids or teens, bored students on spring
break, empathizing and humanizing the criminals, giving lip service to their intent and turning a blind eye
to the impact of the graffiti, forgetting to extend empathy to the targets of the crime. The technical
definition of a hate crime is in its targeting, but that only considers the victims who physically incurred
the property damage. The crime is not about the hassle of cleaning paint off cars; it is about sending a
message of intimidation and sowing fear in the community. A swastika is a symbol of hate and its legacy
stands not just for anti-Semitism but for white power, white purity and a direct threat to all minorities. Its
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meaning is clear even if it's reversed, even if it is poorly painted, even if it is put there by teens; people
know they are the targets of this message of hate even if their car or home was not graffitied.
A lack of response is still a response, the silence sends a message to those who are targeted and
emboldens bullies. Words and symbols are powerful, they resonate with people, they change minds and
hearts, give the ability to define ourselves and our community's values. The vandals who did this know
that. She asked the Council for an official statement condoning these acts of hate, a public, clear and
emphatic statement saying this is not what Edmonds is about. She thanked the Diversity Commission for
their statement and the Councilmembers who spoke during closing comments at the last meeting. It is not
enough to treat this as a pet issue or a special issue; when hate rears its head, all should be immediate and
vocal in their rejection. Failure to do so and dismissing and excusing their actions underscores their
message and invites further acts. It makes Edmonds as a safe haven for hatred, a mark that will take far
longer to remove than paint on cars.
Michael Reagan, Edmonds, referred to the Edmonds Veterans Plaza, saying he was comfortable
speaking for the veterans in the room and others, expressing appreciation to the Council for their support
for the plaza. Once the plaza is completed, veterans will visit with their veteran friends and talk about
things they have not talked about before regardless how long they have been home. Other veterans will
visit with their families and share their memories and stories, things they hadn't talked about before.
Veterans like him who walk around the community will sit in the plaza and talk to their friends who were
not fortunate enough to come home, telling them we will never forget. The Veterans Plaza provides an
opportunity to remember the fallen and those who served. He has worked with over 5,000 Gold Star
families during the past 14 years and makes a promise to all of them that he will never forget their loss
and sacrifice or their fallen hero and as long as he has a voice, no one will ever forget it. The Plaza helps
him keep that promise, he will never be able express how much that means to him. He relayed a note he
received from a Gold Star mother today, after she watched PBS's Fallen Heroes video, about a writing on
the wall in the Normandy Park mausoleum, "think not only upon their passing, remember the glory of
their spirit." She said him that captures the spirit they remember. The Veterans plaza will capture the
spirit of veterans in the community and those who did not come home. He thanked the City Council for
their support.
Jermaine Smiley, representing 11,000 construction workers throughout Washington State said it would
be a mistake to decrease the requirements for apprenticeship utilization. He recognized the requirements
are tough on small contractors, but apprenticeships are an opportunity to grow the workforce to replace
retiring baby boomers. Likeanyindustry, construction needs a well-trained workforce to create a_quality
product. Apprenticeship utilization creates work and economic opportunities for women and minorities,
providing equal opportunity and equal pay. Prevailing wage statues require a worker to be paid prevailing
wage unless they are in a state -certified apprenticeship program. A company without an apprenticeship
program in place cannot pay a new employee learning on the job $18-$19/hour but must be paid the listed
prevailing wage, in some cases $65/hour. Having contractors participating in apprenticeship programs
provides an economic benefit to workers as well as the City. He urged the Council to table action on this
issue and form a committee of labor, community, and small contractors to find a solution that works for
all. That worked in Seattle, Vancouver, Shoreline and other cities.
Douglas Scott, President, NW Washington Building and Construction and Trades Council, and business
manager of Labors Local 292, representing workers from the King -Snohomish County line to the
Canadian border including Island and San Juan Counties, echoed Mr. Smiley's comment, urging the
Council not to change the apprenticeship requirements and to keep the percentages as they currently exist.
He thanked the veterans in the audience for their service.
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Ciaran Ball, Lynnwood, expressed support for the labor local, explaining he has been part of the locals
over the past couple summers and has seen people working in apprentice programs in Seattle, providing a
future for youth unable to attend college. He expressed support for ensuring apprenticeship programs are
more accessible to the community.
Martin Moore, a Federal Way City Council Member, expressed support for the continued use of
apprentices on City projects, an important issue, critical to families and cities through the Puget Sound
area. He feared the proposed changes would set a damaging precedence. Apprentice programs are a
critical to component to a healthy middle class, a high employment rate and a strong community. Not
everyone can or intends to go to college; encouraging apprentice programs in trades and skills not
available at universities is a way to continue fighting poverty. Apprentice programs offer reachable career
goals often to people that need them most and transfer skills and opportunities that can be utilized for a
lifetime, skills that result in good paying jobs with benefits that build projects and infrastructure that keep
local communities thriving and improve quality of life. Apprenticeship program provide opportunities for
families to improve their lives, work their way out of poverty and provide for their families. His wife, an
ECAP family support specialist who does outreach to families of youth at risk as well as low income
families in the Federal Way schools, knows firsthand how kids benefit from a stable family.
Apprenticeship programs make it possible to earn a living wage, providing time for families to enrich
their children's lives, help with homework and participate in extracurricular activities; strong families
help kids be successful. He urged the Council to continue to require the use of apprentices on City
projects.
Randy Ross, Lynnwood, representing 114 union carpenters who live in Edmonds, 10 of whom are
apprentices who may or may not be affected by the Council's action, explained when a person joins an
apprenticeship, it is a career, not a job. When a contractor certified by the State hires an apprentice, it is
long term employment that leads to a career. The aging workforce needs to be replaced a highly skilled
workforce. Apprentices receive safety training, first aid, CPR, equipment, power tools, etc. Construction
is about working oneself out of a job; get a job done and moving on. It's a boom or bust for employer and
employee; right now Seattle has a record number of cranes and the trades are constantly seeking skilled
workers. With regard to concern with paperwork, he assured completing a certified payroll is more
complicated than tracking apprenticeships. He questioned the cost savings on a percentage of the total job
of avoiding paperwork and whether that cost savings outweighed the investment in the community. Using
certified apprentices can lower the overall costs which will more than offset the cost of completing
paperwork.
Ron Clyborne, Edmonds, Co -Chair of the Edmonds Veterans Plaza, said the name could be changed
from plaza to park because that is what it will be. He echoed Mr. Reagan's comments, emphasizing this
plaza/park is for veterans but also for the entire community. Veterans and their families will come and be
healed but in addition, there will be joy and enjoyment. He envisioned people going to the Saturday
Market taking their food to the seating areas in the plaza. The goal from the beginning was a park/plaza
for the entire community. He and his wife visited the site Sunday to look at the park/plaza from different
viewpoints. Within ten minutes, both of them choked up, not from sadness but from joy about what an
incredible location this will be, a place for musical performances, etc. He and wife left the site feeling
incredibly positive, the same feeling many veterans and non -veterans have expressed. He relayed the
Veteran Plaza Committee and the community's appreciation for the Council's past support and looked
forward to their continued future support.
Patricia Dahl, Edmonds, said during the low income housing forum at the library yesterday, no one
spoke about the Landlord Tenant Act, an issue she is dealing with. She commented if a tenant contests
anything, they are placed on the landlord's blacklist which is shared throughout the area. In Seattle, if the
rent increases by 10% or more, the landlord must give 60 days' written notice. If the increase is 10% or
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less, 30 days' written notice is required. If there is no lease or the lease is declined, it goes automatically
to month-to-month. If the landlord does not want to renew the lease, they must provide 90 days' notice. In
Edmonds, last year her lease was up May 31; the property manager gave 48 hours' notice and on May 27
came to their home, requiring they sign an addendum with a $100 rent increase effective July 1 and would
not let them see the lease until the addendum was signed. This year the agent said they would be informed
of the lease amount in early April but they have not heard from the agent, her supervisor or the
homeowner. In Edmonds renters are only provided 20 days' notice to vacate the premises if a lease has
not been signed. She wished Edmonds regulations were more like Seattle's
Lorne Larsen, Edmonds, an Army veteran, said he interviewed today to become an apprentice utilizing
his GI Bill and reintegrate into civilian life. He is also currently serving in the Army Reserve; about 25%
of the Reserve members are utilizing apprenticeship programs to reintegrate into civilian life using their
GI Bill. He encouraged he Council to maintain the apprenticeship requirements to support veterans and to
help maintain a higher quality product. Having higher skilled people on the job creates job efficiency,
reduces material waste and reduces the need for future repairs. He urged the Council not to reduce
apprenticeship utilization.
7. ACTION ITEMS
1. CONTRACTING & PURCHASING POLICIES UPDATE [Combined with item with same
title previously on Consent Agenda] -
Public Works Director Phil Williams explained the Council provided direction to schedule approval of
several purchasing policies on the Consent Agenda and requested others be scheduled on the regular
agenda. Council's earlier action to remove the purchasing policies from the Consent Agenda combined all
the policies in this item.
Mr. Williams assured the proposed changes are not an attempt to get rid of the City's apprenticeship
program but to modify the structure to better correspond to the types of projects in Edmonds. He referred
to information provided last week regarding a few other cities with apprenticeship programs. The increase
to the threshold when the City would require apprenticeship utilization on City project is the biggest
change. During the past six years, it was a rarity that smaller projects were able to fully comply with that
requirement. In those instances, he works with the contractor to determine whether there is a compelling
reason not to utilize apprentices and if he finds it compelling enough, he can waive the requirement.
There is no guidance on what constitutes a compelling reason. The proposal is to increase the threshold to
$1 million; in projects that size and larger, there is more flexibility and more opportunity to use
apprentices. He noted the apprenticeship requirement did not apply to transportation projects with federal
funding. It does apply to utility projects which are typically over $1 million. Staff fully supports the use
of apprentices but requiring the utilization of apprentices could mean the City cannot accept a low bid if
the contractor does not use apprentices, requiring the City to spend more for the same work to meet the
requirement.
In addition to changes to the apprenticeship program, Mr. Williams highlighted the proposal to change the
threshold on the estimated cost of a Public Works project that the City could perform itself from $50,000
to $65,000, bringing the City up to the amount allowed by State law which the State increased to $65,000
to recognize inflation.
Councilmember Fraley-Monillas asked about the current threshold for apprenticeships. Mr. Williams
answered it started at $250,000 and was changed in 2012 to $300,000. Councilmember Fraley-Monillas
observed the proposal was to triple that amount to $1 million. Mr. Williams answered yes, commenting
that was consistent with most other apprenticeship programs. Councilmember Fraley-Monillas said her
research found many other local cities with apprenticeship programs, more than just Seattle, Shoreline,
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Vancouver, King County, and Snohomish County. Mr. Williams acknowledged staff did not contact all
281 cities in the State. Councilmember Fraley-Monillas preferred the policy remain the same, not change
to make it more difficult. She opposed the proposal to decrease apprenticeship utilization from 15% to
10%, referring to public comment regarding the importance of apprenticeships to veterans. She
emphasized the City is funded by public tax dollars and as such has a responsibility to the community.
Councilmember Buckshnis said she had no problem with increasing the threshold to $1 million or
reducing the utilization from 15% to 10%. If that did not work, it could be changed.
Councilmember Johnson said she was confused by Mr. William's example that use of apprentices was a
requirement and the City may have to choose another bid. It was her understanding this was an
aspirational goal, not a requirement. City Engineer Rob English said when contractors submit their bids,
there is not a yes/no question in the bid package about whether they meet the apprenticeship goal. Once
the project is awarded, the intent is to meet that goal. The process allows exceptions and waiver by the
Public Works Director once the contract has been awarded and the contractor can demonstrate they would
need to lay off someone on the workforce to hire an apprentice. Councilmember Johnson relayed her
understanding a different bid would not be selected based on whether the contract utilized apprentices.
Mr. English answered no.
Councilmember Johnson asked for input regarding the suggestion to form a committee and discuss this
requirement with the unions. Mr. Williams answered staff can do whatever the Council directs. He did not
think forming a committee was necessary if the majority of Council did not support the changes. The
proposed changes were not intended to dramatically impact the utilization of apprentices; staff agrees
with the advantages of apprenticeship programs. Edmonds is one of the few local cities with this
requirement; the proposal is not to abandon it, but make changes to reflect utilization over the past six
years. Councilmember Johnson summarized everyone is in agreement with having an apprenticeship
requirement, the proposal is to finetune it after six years of experience.
Councilmember Tibbott relayed his research via Municipal Services Research Center (MSRC) found only
one other city in the state with a lower threshold, the rest were $1 million or up. Although a Federal Way
Councilmember spoke during public comments promoting apprenticeship programs, Federal Way does
not have an apprenticeship program. He asked what other cities in the local area do not have
apprenticeship programs. Mr. Williams said staff has not done an exhaustive search but research of
immediate neighboring cities found Lynnwood, Mountlake Terrace, Mukilteo or Everett do not have
programs. Shoreline has a program but it has never been used, primarily because they do not control their
city's utilities and federal transportation jobs do not have that requirement. Shoreline's program has a $1
million threshold.
Councilmember Tibbott observed it does not seem that cities are widely using apprenticeship programs
but Edmonds is interested in using them. The $1 million threshold appears to be workable for the type of
contracts the City has. Mr. Williams commented the smaller the contractor's crew, the less opportunity
there is to shape the workforce.
Councilmember Tibbott asked about potential for the City to hire its own apprentices. Mr. Williams
answered that is an intriguing idea but the City does not necessarily hire trades people. Staff have many of
the same skills sets, and although they are Teamsters, they do not work out of the union hall and rather
than an apprenticeship program, they are trained and certified on specific City systems. The City hires
summer interns and has discussed hiring an operator in training for the wastewater treatment plant in
preparation for a future job in Edmonds. Councilmember Tibbott expressed support for the $1 million
threshold which is consistent with other cities and puts Edmonds on the forefront of cities utilizing
apprenticeships.
Edmonds City Council Approved Minutes
April 25, 2017
Page 9
Councilmember Nelson explained the reason he pulled the policies from the Consent Agenda was because
in addition to compiling with the Code of Federal Regulations, there was also a change proposed to the
procurement of products, reducing the number of bids from three to two after a reasonable search. He
pointed out the City met the apprenticeship goal 3 of 5 times in 2016 which indicates the current
threshold is working. He expressed support for maintaining the existing apprenticeship program because
he wanted Edmonds to continue to be a leader and a model and he did not necessarily want to do what
other cities are doing. He referred to yesterday's low income housing forum where it was pointed out one
of the main challenges is the price of housing in Edmonds and one of the ways of offsetting that is to pay
higher wages. Apprenticeship programs will help with that effort.
Councilmember Fraley-Monillas said it was her understanding Lynnwood did have an apprenticeship
programs. Mr. Williams said he spoke with the engineering department yesterday who said they do not.
Councilmember Teitzel expressed concern with increasing the threshold to $1 million because it would
make it appear a higher percentage of the target was being met. He suggested retaining the $300,000
threshold, relaying his support for apprenticeships as a career path for earning a living wage, a career path
for veterans, and an opportunity for women, people of color and others who may not otherwise have an
opportunity to get into the trades. He supported retaining the existing requirements and continuing to
monitor utilization of apprenticeships.
Council President Mesaros said his primary concern with not making the change was in some instances
contractors may have to lay off a person to make a position available for an apprentice. If a journeyman
making prevailing wage had to be laid off, the requirement and the low threshold caused them an
economic consequence. He pointed out meeting the requirement on 3 out of 5 projects was only a 60%
success rate. In looking at the contracts that met the requirement in 2016, 4 were over $1 million. He will
support increasing the threshold for the betterment of the program. His nephew, who lived with him while
working as an apprentice, recently completed the program and became a journeyman. The City can do a
better job supporting apprenticeship programs by changing the thresholds.
Councilmember Fraley-Monillas said no one she spoke with knew of an instance where a journey -level
tradesperson was laid off to hire an apprentice. There is a waiver in State law for small companies with a
limited number of employees. She requested the Council vote on items individually.
City Clerk Scott Passey suggested the -Council make a motion on the updated policies as -proposed, make
changes via amendment and then vote on a final policy as amended.
COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS TO APPROVE THE CONTRACTING & PURCHASING POLICIES AS
PRESENTED.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
NELSON, TO LEAVE THE APPRENTICESHIP REQUIREMENT AT 15%. UPON ROLL CALL,
MOTION CARRIED (4-3), COUNCILMEMBERS NELSON, FRALEY-MONILLAS, TEITZEL
AND TIBBOTT VOTING YES; AND COUNCILMEMBERS JOHNSON AND BUCKSHNIS AND
COUNCIL PRESIDENT MESAROS VOTING NO.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
TEITZEL, TO AMEND THE MOTION TO RETURN TO THE PREVIOUS APPRENTICESHIP
REQUIREMENT OF $300,000. UPON ROLL CALL, MOTION FAILED (3-4),
COUNCILMEMBERS NELSON, FRALEY-MONILLAS, AND TEITZEL VOTING YES; AND
COUNCIL PRESIDENT MESAROS AND COUNCILMEMBERS JOHNSON, BUCKSHNIS, AND
TIBBOTT VOTING NO.
Edmonds City Council Approved Minutes
April 25, 2017
Page 10
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
Mayor Earling declared a brief recess.
8. STUDY ITEMS
1. EDMONDS VETERAN'S PLAZA UPDATE AND REOUEST
Parks & Recreation Director Carrie Hite displayed a drawing of the Veteran's Plaza. She explained a
Veteran's Plaza Committee, which includes Councilmember Tibbott and Council President Mesaros, has
been working on the concept since Council adoption in January 2015 and fundraising for the project. The
bid award in December 2016 included a discrepancy of approximately $60,000 but as they committed, the
committee has raised all the funds for construction and contingency. KA Construction is the contractor
and Public Works Engineering Division has been managing the project. Since the project began, several
issues in the plaza related to the City's infrastructure have been encountered such the electrical conduit
and the bench footings. She explained the original electrical conduit was only buried 6-8 inches deep; the
code requires it be buried 18 inches. Therefore, instead of laying the conduit for the project, the full
conduit had to be replaced buried 18 inches which added a significant amount.
Another issue is the 11 benches in the plaza were designed with footings and when the contractor laid it
out, it appeared it could be a tripping hazard as well as a maintenance issue to weed under the benches. A
decision was made to have the contractor pour slabs, similar to the standard bench design in the City's
parks. Further specifics are contained in the Council packet. The request for $71,000 to complete the
plaza includes $25,000 for engineering's project management, SiteWorkshop redesigning the electrical
conduit and other expenses. She recommended taking the funds from REET, advising there is
approximately $600,000 in the REET I fund balance and $700,000 in the REET 2 fund balance..
Council President Mesaros, Co -Chair of the Fund Development Committee, reiterated Mr. Reagan's
statements that this will be a place for thought, remembrance, where families will gather and tell stories.
He recalled his wife telling him a story about her late father's service in the military during WWII.
Veterans and their family members look forward to the completion of the plaza. He was very
disappointed in the Council for moving this to a study items, fearing that sent a poor message to the
veteran community. The Council could take action tonight and send a message of appreciation to veterans
for their service and that the City is ready to invest a small amount compared to what the community has
contributed. He suggested the Council reconsider approving the funds tonight.
Councilmember Fraley-Monillas commented it has been the Council's policy to study items before
providing funds and it was nothing against veterans; both her parents served in WWII, and her father-in-
law served in both WWI and WWII.
Councilmember Fraley-Monillas recognized the Veteran's Plaza Committee has raised the funds they
committed to raising; it was new discoveries that were causing issues. Ms. Hite agreed, explaining most
of the issues have come up since breaking ground. The projects is mid -construction, the contractor will be
on site two more weeks and a ribbon -cutting is scheduled on Memorial Day, May 27th. Councilmember
Fraley-Monillas recognized the committee will still be fundraising for a drinking fountain and a kiosk.
Ms. Hite advised an anonymous donor funded the drinking fountain. One of the most important things
from the committee's perspective is having an informational kiosk so when people visit the plaza, there is
information, assistance and help available. The committee has written a grant for the kiosk and it will be
installed after the plaza is completed if the funds are obtained. Councilmember Fraley-Monillas was
pleased to hear the committee had raised the money they promised to raise.
Edmonds City Council Approved Minutes
April 25, 2017
Page 11
Councilmember Nelson recalled saying when he first learned of the Veteran's Plaza project that he was
hopeful the City could help in some way; this is now that opportunity. He was frustrated with the cost
overruns but recognized that happened when a project broke ground. He was fully supportive of the City
assisting with this project.
COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS,
TO AUTHORIZE THE ADDITIONAL $71,000.
Councilmember Buckshnis expressed support for the motion. The drinking fountain which will have a
fountain for dogs, is funded via a donation from the Floretum Garden Club in celebration of their 95th
anniversary. She asked whether REET 2 was restricted to construction and infrastructure. Ms. Hite
answered both REET 1 and 2 can be used for construction and infrastructure; the City has traditionally
used REET 1 for debt service, construction and land acquisition. REET 2 has traditionally been used for
park projects and currently is being used for some Engineering and Public Works projects.
Councilmember Buckshnis commented it may be better to use funds from REET 1 in the event the City
wants to acquire land using REET 1. She commented the agenda memo was very complete and she was
satisfied with taking action tonight.
Councilmember Tibbott asked the percentage the City has contributed to the project. Ms. Hite answered
the City contributed $45,000 ($30,000 for construction and $15,000 for engineering staff time); this
additional $71,000 brings the City's total contribution to $116,000 and the total project cost is $630,000.
Councilmember Tibbott admired the work the committee has done raising the funds and viewed this as a
way to support those efforts, noting the City's contribution was a fraction of the total cost.
Councilmember Teitzel expressed support for the project, a great thing for veterans and for the City, but
he was concerned about budget creep. He asked whether all the costs for the informational kiosk would be
borne by the Veteran's Plaza committee including power. Ms. Hite said when the ground is open, the
power conduct for the kiosk will be laid. The committee has committed to paying for everything
associated with the kiosk. The City was able to find a donor for the water fountain and $2,000 for the
waterline was included in list of additional costs. Councilmember Teitzel asked if there would be any
other costs associated with kiosk such as an internet connection and how that would be funded. Ms. Hite
said the committee will discuss that once the funds for the kiosk have been secured.
Councilmember Johnson expressed concern this was the first time the Council was seeing this funding
request which was the reason she requested it be moved to a study item on the agenda. She asked what
would not be funded if REET funds were used for this purpose. Ms. Hite answered the REET funds she
identified earlier in her presentation represent the unprogrammed balance. No projects will be eliminated
in 2016; in the 2018 budget, park projects such as the Waterfront Redevelopment and Civic Park as well
as Public Works projects will be funded from REET. The City continues to collect REET throughout the
year.
Councilmember Fraley-Monillas said she will be voting no due to a procedural issues, she preferred it be
moved to the Consent Agenda net week.
MOTION CARRIED (5-1-1), COUNCILMEMBER FRALEY-MONILLAS VOTING NO AND
COUNCILMEMBER JOHNSON ABSTAINING.
2. WASTEWATER TREATMENT, DISPOSAL AND TRANSPORT CONTRACT
EXTENSION
Mr. Williams explained this agreement has been in place for the past 29 years and sets the framework for
the City and its wastewater partners, Mountlake Terrace, Olympic View Water & Sewer District and
Edmonds City Council Approved Minutes
April 25, 2017
Page 12
Ronald Wastewater District. When this agreement was approved in 1988, the primary goal was provide
funding to upgrade the existing treatment plant to secondary treatment. It also set up the framework for
the costs of running plant to be recouped and distributed among the partners based on their annual flow
rates. A replacement of the agreement has been under negotiation for 2'/2 years. Ronald Wastewater is
being taken over by the City of Shoreline in October 2017; the negotiations became more difficult closer
to that date. Shoreline's views on how utility services should be provided, specifically sewer, to the
potential Point Wells development differs from the City of Edmonds and its other partners. Ronald's
Board was in agreement with the other partners in the past but their Board has changed due to recent
elections and now a majority of the Ronald Board sides with the City of Shoreline which brought
negotiations to a halt.
Mr. Williams relayed the proposal is for all parties to sign a two-year extension of the existing terms and
conditions while the issues are sorted out via pending actions in King County and Snohomish County
Boundary Review Boards, a King County Court and ultimately a Snohomish County Court. He
recommended authorizing the Mayor to sign a two-year extension of the existing agreement.
Councilmember Tibbott relayed his understanding the other cities were agreeable to the two-year
extension. Mr. Williams said they are.
Councilmember Johnson asked if this was related to the development proposed at Point Wells. Mr.
Williams answered absolutely.
It was the consensus of the Council to forward this item to the Consent Agenda for approval.
3. DEVELOPMENT ACTIVITIES UPDATE
Development Services Director Shane Hope reviewed:
• Staff teamwork:
o Building community behind the scenes
o Customer assistance
o Development review committee
• Graph of development services permit history, total development services revenue compared to
building permits 1985-2016
Building permits reviewed by development services 2015 versus 2016
Type of Permit
2015
issued
#
2016 # issues
2015 Valuation
2016 Valuation
New
Single Family
53
41
$10,078,711
$17,18.5,0__8.7
Duplex
0
0
$0
$0
Apartment/Condo
1 4 units)
8 (97 units)
$708,649
$14,948,238
Commercial
0
3
$0
$7,670,767
Mixed Use
(office/condo)
0
0
$0
$0
Additions/Alterations
Single Family
132
134
$7,736,525
$8,469,012
Apartment/Condo
21
22
$1,068,935
$613,766
Commercial
59
53
$83,952,0.38
$8,601,224
Other
Mechanical/Plumbing
318/368
350/382
1 $2,500
$200
Demolition
1 15
10
$0
$0
Miscellaneous
1 592
634
$3,515,200
$3,926,913
Edmonds City Council Approved Minutes
April 25, 2017
Page 13
Total 1 1559 1 1637 $41,062,558 1 $61,415,207
Engineering Division - ri ltt-of-wa , street use, encroachment & side sewer activity
Activity
# in 2016
Permits Issued
429
Permit Revenue
$58,082
Inspection & Review Revenue
$214,337
Transportation Impact Fees
$139,031
Franchise Fees
$91,861
• Solar permits
Year
# of Permits
# of Permits
Online
% Online
kW
2012
3
0
0%
11
2013
6
5
83%
41
2014
39
35
90%
241
2015
32
29
91%
211
2016
17
16
91%
137
Total
97
85
88%
641
Graph of building permits per development services employee
Inspections 2016
o Over 9,000 field inspections were performed by development services staff
Building Official Leif Bjorback reviewed:
• Map of key development projects
o Residential Development - Development Services Department currently has 41 active new
Single Family Residence permits
■ Mueller Short Plat, 301 Caspers Street — four new single family homes
■ Willowdale Townhomes, 20732 76th Ave W — adding 13 new units
■ Highpoint Homes, 22920-22926 102nd PI W — four lot short plat
■ Seabrook Estates (PRD), 860 Caspers Street — seven new single family homes
■ Other single family
— Talbot Road (20,000 square feet)
— Main Street
— 3`dAve N
Adult Family Homes — various locations
o City issues building permit and does inspections, DSHS regulates activity
o Code allows up to six residents receiving care
Commercial Projects
o Post office Mixed Use - Phase II — 28 new residential units + 7600 square feet commercial
o Cedar Creek Memory Care, 21006 72nd Ave W — 70,897 62 units with 80 beds
o MGP Retail Building, 21940 Hwy 99 (WinCo parking lot), 6,162 square feet, 4 tenant spaces
o Pt. Edwards Building #10, 150 Pine St. 68 new residential units + structured parking
o Beach Walk Apartments, 303 Edmonds St — 9 new apartments
o Madrona K-8, 9300 236th Street SW
o Magic Toyota, 21300 Hwy 99 — 47,000 square feet showroom and service department
o The Shops at Aurora Village, 8431244 th St SW — 10,000 square feet new retail
o Westgate Village, 10032 Edmonds Way (adjacent to Bartell) — 91 new residential units +
3,100 square feet retail
o Graphite Studio, 202 Main Street — artist studios, art gallery, cafe, 3 apartments
o Edmonds Village, 22019 Hwy 99 — 5,300 square feet new retail
Tenant improvement projects
Edmonds City Council Approved Minutes
April 25, 2017
Page 14
o Bridge Animal Center
o Salish Sea Brewing
o Ono Poke
o IGA/ACE Hardware
o House converted to office
• City projects
o Bandshell at Frances Anderson Center
o Restroom facility adjacent to City Hall
o Repairs to fishing pier
o Veterans Plaza
Ms. Hope reviewed:
• Technology update
o All Street Files have been scanned and converted to electronic records.
o All Microfilm archives have been digitized and imported into Laserfiche.
o Over 92,000 files imported into Laserfiche repository. That's over 617,000 pages of
documents!
o More than 30 file cabinets from the 2nd floor of City Hall have been emptied.
o Currently working on scanning of large Commercial and Residential Plan sets
• Special projects
o New Stormwater Code went into effect Jan 1, 2017
o Increased Transportation Impact Fees — Jan 1, 2017
o Increased Permit Fees — Jan 1, 2017
o Edmonds Community Development Code Update
■ LID Integration I Signs I Subdivisions
o Critical Areas Ordinance
o Shoreline Master Program
o Street Tree Plan Update
o Highway 99 Subarea Plan
o Public Works Standard Details Update
o Remodeled Permit & Green Resource Center opened June `16
• Building, Planning and Engineering Divisions are available Daily at the Permit Counter
o M, T, Th, F 8:00am — 4:30pm
o Wednesdays 8:30am — noon
• Many resources can be found on City website and some permits can be applied for online
o www.edmondswa.gov
• City web map provides property and utility information, as-builts, zoning etc.
o www.maps.edmondswa.gov
Councilmember Teitzel said he was impressed with all the work Development Services is doing. With
regard to solar permits, he relayed Tesla has a new solar product, a roofing shingle that looks like a
standard roof and is priced about the same as a standard roof. He asked if that product would require a
special permit. Mr. Bjorback answered the building code includes language regarding photo opaque
panels used as roofing. Once a product goes through the listing process by an approved agency such as
UL, it is easy to approve at the City level as long as the manufacturer's instructions for installation are
followed.
Councilmember Buckshnis asked whether the Post Office building will be condos or apartments. Mr.
Bjorback answered they will be apartments. Councilmember Buckshnis asked if Point Edwards was
condos. Mr. Bjorback relayed the building permit says condos. Councilmember Buckshnis asked if some
Edmonds City Council Approved Minutes
April 25, 2017
Page 15
of the 91 units in Westgate Village would be affordable. Ms. Hope advised if they want to utilize the
Multifamily Tax Exempt Program, 25% must be affordable.
Councilmember Tibbott appreciated the year-to-year comparisons. He noted commercial projects are a
source of revenue for the City and it was great to see ongoing commercial activity. He asked about future
commercial opportunities. Mr. Bjorback answered there are a number in the pipeline. Councilmember
Tibbott asked if 2016 with $7 million in projects was a banner year. Mr. Bjorback said the last three years
have been banner years and it was not slowing down.
With the developing occurring in Westgate and on Highway 99, Councilmember Tibbott asked how parks
and recreation activities could be integrated with residential units, especially now Highway 99. Ms. Hope
answered that would be addressed with the code for Highway 99; one of the proposals is to require a
certain amount of open space for recreational purposes in mixed use developments. Councilmember
Tibbott asked about opportunities for recreation such as a pool. Ms. Hope answered it remains to be seen
what the market brings; a pool would not be required but it would be nice to see one in some places.
Councilmember Fraley-Monillas observed Magic Toyota has dramatically expanded across the street. She
asked about the location of the new car lot. Mr. Bjorback answered the showroom will be in the same
place as the current showroom on their main lot south of 212`h. The parking structure on that lot will
remain and the rest of the site will be under construction for the new showroom. Magic purchased the
PUD site and plans to conduct business and sales activities on that site as well. They also have a lot in
Lynnwood but transactions will occur on the PUD lot so Edmonds will receive the sales tax.
Councilmember Fraley-Monillas asked about the Shops at Aurora Village. Mr. Bjorback advised the old
Denny's building will be demolished and replaced by the new shops.
Councilmember Nelson thanked Mr. Bjorback for highlighting solar permits. He recalled the county and
state previously assisted with solar projects and asked about plans for partnering on solar projects in the
future. Mr. Bjorback said previous solar campaigns were the reason for increased solar permits but having
17 permits last year, compared to 1 or none 8 years ago was a good growth. That was also due to the
streamlined process for residential rooftop solar on online.
Councilmember Nelson asked if there were any commercial solar installations. Mr. Bjorback answered
occasionally, for example, the Frances Anderson Center received two permits for two phases.
Councilmember Nelson recalled one of the benchmark measurements for the Comprehensive Plan Utility
element was overall residential electricity use had decreased, commercial stayed the same. He asked if
there were incentives to encourage businesses to utilize alternative forms of energy including solar power.
Mr. Bjorback answered other regional code barriers are being lowered in order to get and afford solar
permits. An appendix recently became available for adoption in the Building Code that requires features
such as solar readiness to allow for future and easier installation of solar systems. The department is also
having discussions regarding ways to encourage solar projects.
Mayor Earling recall when he was first elected in 2012, some said the 2nd floor had nothing to do; that
was not true then and there is a high level of activity now.
At Council President Mesaros' request, the Council agreed to consider Items take 8.6 and 8.7 out of order.
6. REPORT ON CONSTRUCTION BIDS RECEIVED FOR THE 2017 WATERLINE
REPLACEMENT PROJECT
City Engineer Rob English reported construction bids were opened today. Four bids were received,
ranging from $2 million to $2.6 million. The low bid, $2,003,518, was provided by B&G Backhoe; the
engineer's estimate was $2.49 million. The project will replace approximately 7,500 feet of water main
Edmonds City Council Approved Minutes
April 25, 2017
Page 16
and 220 feet of storm pipe in several locations throughout the City. The contract has 95 working days and
is anticipated to start mid-June and continue through November. Staff is reviewing the bids and the
budget as the scope was increased for design work and staff may return with a budget amendment. Staffs
recommendation is to forward award of the bid to the Consent Agenda on May 2 or May 9.
It was the consensus of the Council to forward this item to the Consent Agenda for approval.
7. PRESENTATION OF A RIGHT OF WAY DEDICATION DEED FROM EDMONDS
SCHOOL DISTRICT FOR 236TH ST. AT THE MADRONA SCHOOL PROPERTY
City Engineer Rob English explained the Edmonds School District is constructing new school on 236`h,
the Street Map requires dedication of 30 feet along the school's frontage on 236th Street. Staff
recommends forwarding it to the Consent Agenda for approval.
Councilmember Tibbott commented it appeared on the map there was 30 feet of right-of-way on the north
side 2361h and he asked whether the City was interested in acquiring that. Mr. English responded it is an
unusual situation; that portion. of 236th did not have a true dedication of right-of-way, there is a
prescriptive easement which is the reason for requiring the dedication from the District. The portion on
the north side remains prescriptive other than the last 140 feet where the City has document right-of-way.
When the properties on the north side develop, the City would ask for same dedication. Councilmember
Tibbott asked if the right-of-way was adequate for walkway and roadway with the dedication of right-of-
way from the District. Mr. English answered it was.
Councilmember Fraley-Monillas asked if there had been any concern from residents on the north side.
Mr. English said none have been raised to staff. The portion being dedicated is on the south side adjacent
to the school frontage. Councilmember Fraley-Monillas said she drove by today and wondered how the
neighbors were dealing with the closed road and torn up yards and driveways. Mr. English agreed the
project had a big impact; the road was closed on Monday and will remain closed this week until it is
paved. For the most part, property owners have been willing to work with the City and the City has tried
to address their concerns.
Council President Mesaros asked if the right-of-way on 236`h was the result of that area previously being
in incorporated Snohomish County. Mr. English answered it was possible, there are often odd areas where
the City does not have documented easement or right-of-way; there is a road there so there is a
prescriptive easement because the City has been maintaining it. Mr. Williams said another issue occurred
in that same place with the sewer; the District thought it was Olympic View's sewer and Olympic View
said it was not but eventually accepted it.
It was the consensus of the Council to forward this item to the Consent Agenda for approval.
4. MEADOWDALE FIELDS ILA
Parks & Recreation Director Carrie Hite explained this is a proposed ILA with the City of Lynnwood and
the Edmonds School District (ESD) for the redevelopment of Meadowdale Fields. The City has been in a
partnership with both since 1985; the City has operated the Meadowdale Fields for 32 years. Edmonds
provides capital dollars, operates a robust softball league for adults and seniors, pays for half of the field
maintenance and receives half the revenue for the rental of the fields. Lynnwood maintains the fields. As
the fields are located in Lynnwood, Lynwood has taken the lead on the field redevelopment, doing fund
development, negotiating with ESD and drafting the ILA. Sharon Cates in the City Attorney's office
worked with Lynnwood and ESD's attorneys to draft an ILA that staff recommends for Council
consideration.
Edmonds City Council Approved Minutes
April 25, 2017
Page 17
Ms. Hite explained this project is identified in the adopted the Parks, Recreation & Open Space Plan and
$500,000 is included in the CIP. The full project was estimated at $5.1-5.2 million. The City of
Lynnwood opened bids Friday that ranged from $4.5 to $5.9 million, increasing the project budget by
$500,000. The parties held a meeting yesterday because Lynnwood City Council discussed the ILA last
night and the ESD and Edmonds City Council are discussing it tonight. Lynnwood is contributing $2.5
million, ESD is contributing $1 million, there are various grants for $950,000 and Edmonds is
contributing $500,000. Lynnwood requested Edmonds provide more funding since Edmonds has provided
the lowest amount.
Ms. Hite said she discussed the increase with Mayor Earling prior to the meeting and she does not
recommend contributing another $500,000 due to the priorities in the budget for next year. There were
discussions yesterday about having the landscape engineer value engineer the project to reduce it by
$300,000 and she is suggesting the Council consider an additional $200,000 contribution from the 2018
budget. That will require looking at funding in the CIP for the Waterfront Redevelopment and funds set
aside for the development of Civic Park. She summarized an additional $200,000 was reasonable but
wanted Council's input. If the Council is willing to provide the additional funds, she will bring back an
addendum to the ILA in a few weeks so Lynnwood can proceed.
Ms. Hite explained Edmonds operates adult programs on the Meadowdale Fields. The fields are located in
Lynnwood. She has asked Lynnwood to use the $500,000 and the possible addition of $200,000 for safety
equipment, fencing, backstops and ADA access.
Councilmember Fraley-Monillas referred to Item 15 in the ILA which states if Edmonds objects to the
SBR crumb rubber infill, Edmonds would pay the differential in the pricing which is $350,000. Ms. Hite
said that would be for coated crumb rubber or cork. Councilmember Fraley-Monillas said she was not
crazy about #15, recognizing it was negotiated and the City could live with it. Ms. Hite said the original
draft named Edmonds as the only entity liable for the differential if Edmonds insisted on a different infill.
She was uncomfortable with that language in the event Lynnwood or ESD chose a different infill. The
fields are owned by ESD; Lynnwood and Edmonds have benefitted from the fields for the past 32 years
primarily for community use as they are rarely used by ESD. The basis of the lowest possible bid was the
SBR infill. Alternate bids were solicited for TPE (coated crumb rubber) and cork infill, both added
$350,000 to the bid. The intent of Item 15 was if any partner wanted to recommend an alternate infill, it
was still ESD's decision, but the entity recommending would be liable for the additional cost.
Councilmember Fraley-Monillas asked about other ways the City could use the $200,000. Ms. Hite
answered priorities include Waterfront Redevelopment and Civic Park. She anticipated constructing Civic
in 2019 or 2020 and the City will need to set aside funds to match State grants. She was comfortable the
City had $200,000 near year without minimizing other projects and still set aside funds for Civic.
Councilmember Fraley-Monillas asked how the City's funds would be used. Ms. Hite answered the use of
the funds Edmonds provides are specifically identified in the ILA, backstops, fencing, ADA pathways
which cost approximately $1 million; any additional funds would be used in the same way.
Councilmember Buckshnis said she was not interested in increasing the amount Edmonds provides from
$500,000 to $700,000. She asked about the return on investment. Ms. Hite answered the City makes
money on adult and senior softball leagues, it does not just break even like youth sports. She offered to
provide further details. Councilmember Buckshnis asked why the additional funds were necessary. Ms.
Hite answered the bids were higher than the engineer's estimate. Councilmember Buckshnis suggested
ESD provide the additional funds. Ms. Hite answered ESD is contributing $1 million from bond funds
and are adamant they do not have additional funds. The bulk of the use is community use.
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Councilmember Buckshnis asked the consequence of Edmonds not contributing more. Ms. Hite said other
options discussed were to reject the bids and rebid, reject the bids and rebid only the two multipurpose
fields and not turf the softball fields, and minimizing the turf on the softball fields. She acknowledged
further discussions could occur and she did not anticipate Edmonds not providing additional funds would
doom the project.
Councilmember Johnson said she had some difficulty with this project as it relates to the City's
moratorium. The City wants to determine the health benefits but also wants this project. She compared it
to 20 years ago before the Surgeon General said smoking was bad and the City was only paying for the
matches. She was uncomfortable with project and with the budget creep which has also occurred on the
spray pad, the Veteran's Plaza, and seems almost inevitable on projects. She asked whether grass was
considered as an alternative. Ms. Hite said grass was not bid, the intent of the project was to provide
synthetic turf for year-round use. Councilmember Johnson asked whether people play baseball in the rain.
Ms. Hite answered they do; Pacific Little League is a proponent and have been a vocal participant in this
project. Councilmember Johnson relayed her continuing concern as it relates to the moratorium.
Councilmember Nelson said he was concerned with ESD loaning fields for adult use. He did not support
the City providing $700,000 for fields outside the City's borders, it was too much money irrespective of
the fact of the issue of crumb rubber. He recognized the fields were located in Lynnwood but the City also
had responsibility for the fields.
Council President Mesaros was glad there were alternatives; the project bids exceeded the estimates and
the entities can only spend what they have. He recognized $500,000 was a pretty big commitment for
Edmonds; participants from Edmonds are counting on the use of this field and it would be unfortunate if
Edmonds were excluded from the project. He summarized the Council was committed to providing
$500,000 and suggested modifying the project to fit with the existing funds.
Councilmember Tibbott asked about Edmonds' use of the fields compared to Lynnwood's. It was his
understanding Edmonds' interest was primarily the softball fields and adult activities, a small fraction of
the use. Ms. Hite answered the use is currently 50%/50%; no one uses the dirt soccer field other than the
community who drop in or smaller kids. The three softball fields get the most use; Lynnwood also
operates a softball program. Two high use synthetic fields will increase activity tremendously. Neither
Edmonds nor Lynnwood currently program the fields but Lynnwood intends to program them. Edmonds
would like the opportunity to use the fields for adult sports such as ultimate frisbee or lacrosse.
For Councilmember Tibbott, Ms. Hite explained this is a development agreement that refers to the
operational agreement for 50% which expires in 2025. Lynnwood's intent is to renegotiate the operational
agreement consistent with the amount of capital Edmonds contributes and consider the previous capital
and previous partnership. She anticipated Edmonds would no longer have 50% use if only $500,000 were
provided. However, the funds the ESD is providing and other granting agencies also cover Edmonds
which will be considered in the percentage of use. She anticipated a 40/70 or 30/70 split.
Councilmember Tibbott asked whether maintenance costs would increase or decrease with the new fields.
Ms. Hite answered it would go down significantly for portions but there will still be grass maintained on
the softball outfield. The City currently pays $50,000-$70,000/year net. She estimated that would
decrease to $40,000.
Councilmember Fraley-Monillas summarized ESD was contributing $1 million, Lynnwood is
contributing $2.5 million and Edmonds is contributing $500,000 and the fields belong to ESD and are
located in Lynnwood. Ms. Hite agreed. Councilmember Fraley-Monillas asked what would happen if
Edmonds only provided $500,000. Ms. Hite answered the project will change; she will go back to the
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April 25, 2017
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parties tomorrow and say there is no additional funding available and they can discuss how the project
can be modified. Options considered were rebidding which would slow the process, shortening the
perimeter pathway from 6 feet to 4 feet which saved $50,000, outfield fencing could save $300,000,
reducing 90 foot baselines with synthetic turf to 70 feet saves $150,000. Lynnwood recommends biding
the multisport fields and not the softball fields which would limit the softball to the existing season..
Councilmember Johnson said in reading the old ILA, Lynnwood agreed to do all the maintenance. Ms.
Hite answered Edmonds pays for half the maintenance, $60,000/year. Lynnwood and Edmonds use the
fields for free and Lynnwood rents the fields to third party users. Lynnwood subtracts the revenue from
the expenses and charge Edmonds 50% of that amount. Councilmember Johnson observed Edmonds may
not get 50% use in the future. Ms. Hite anticipated Lynnwood will negotiate a lower percentage based on
the amount Edmonds contributed. Councilmember Johnson asked about the revenue stream. Ms. Hite
offered to provide that information.
Councilmember Johnson observed if Lynnwood paid five times as much as Edmonds, they would they
get five times more revenue. Ms. Hite answered ESD provided $1 million which covers Edmonds and
Lynnwood. The State Youth Athletic Field grants and the RCO funds contributed to the project also cover
Edmonds citizens. Councilmember Johnson asked if this could wait until a decision was made on the
moratorium. Ms. Hite answered no, not if Edmonds wanted to be included in this project. Councilmember
Johnson asked the ramification of Edmonds not being included. Ms. Hite answered the City would not
have use of those fields for adult leagues. Councilmember Johnson observed adults could go to
Lynnwood to use the fields. Ms. Hite agreed that was possible but Lynnwood runs different leagues than
Edmonds; Edmonds runs primarily adult and senior leagues. It would be up to Lynnwood to operate those
leagues to service Edmonds citizens.
Mayor Earling said it was acceptable to him to have Ms. Hite go back to negotiations. His underlying
concern not having playfields in Edmonds to compensate for the loss of the Meadowdale Fields. Ms. Hite
said the proposed ILA only obligates Edmond for $500,000. Lynnwood needs a decision from Edmonds
due to the upcoming award of bid. Lynnwood City Council unanimously supported staff returning with
the award of bid. She recommend forwarding the ILA to the Consent Agenda as proposed (contributing
$500,000) and she will discuss options with Lynnwood and ESD.
It was the consensus of the Council to forward this item to the Consent Agenda for approval.
COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO EXTEND THE MEETING UNTIL 10:10 P.M. MOTION CARRIED UNANIMOUSLY.
5. AUTHORIZATION FOR DESIGN SERVICES FOR THE WATERFRONT
REDEVELOPMENT
Parks & Recreation Director Carrie Hite displayed a drawing of the Waterfront Redevelopment project.
She requested Council authorization for the Mayor to enter into an agreement with Barker Landscape for
the Waterfront Redevelopment. Engineering staff reviewed the scope of work, payment schedules and
staff has been negotiating with Barker for the past month. The agreement is divided into three exhibits to
illustrate the cost of design services for the three components, 1) waterfront park redevelopment in front
of the senior center, 2) walkway connection in front of Ebbtide, and 3) the parking lot. The Waterfront
Redevelopment includes removing the creosote pier and adding a hand boat launch, more accessible stairs
and an assessible ramp to the beachfront. The City has submitted RCO grants for the Waterfront
Redevelopment; $500,000 is funded in the legislature and the other $500,000 is not yet funded although
efforts are underway to include it in the budget.
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April 25, 2017
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With regard to the walkway in front of the Ebbtide, Ms. Hite explained staff has had many discussions
with the homeowners about an overwater walkway over against their wall; they are not very supportive
but it has been in the City's Comprehensive Plan for a long time. The third component is the parking lot
which is a shared cost with the Senior Center. The long-term land lease states the cost to design and to
rebuild the parking lot would be shared 50150. As the City is contributing funds, the City will design and
bid the project and charge the senior center 50% of the design fees and build fees. The design build and
frontage improvements of the senior center are moving forward and the City does not have any financial
obligation for those.
Councilmember Nelson asked about environmental improvements. Ms. Hite answered the creosote pier
will be removed from Puget Sound, the beachfront redeveloped to include beach habitat, and bioswales
and rain gardens in the parking lot for runoff instead of drainage directly into Puget Sound. She assured
there are many environment benefits.
It was the consensus of the Council to forward this item to the Consent Agenda for approval.
9. MAYOR'S COMMENTS
Mayor Earling reported the City released a press release today confirming $700,000 for the Waterfront
Access project. Both the House and Senate have $1 million for the Highway 99 project (originally $10
million allocated for 2021) with the help of Senator Liias. The funds are a great opportunity to continue
good the work Development Services has accomplished via study.
10. COUNCIL COMMENTS
Councilmember Buckshnis thanked everyone who commented tonight. She emailed City Attorney Jeff
Taraday on April 14 in regard to Police Chief and HR Director providing public comment in response to
two public comments made on March 28th. Both requested the Council start an objective investigation
regarding the issue of sexual harassment within the Police Department. She asked Rosa Fruehling-
Watson, City Attorney's Office, if this was a common practice since some Councilmembers felt
blindsided by the comments and she felt it should have been an agenda item so Council could see the
written comments and provide comment and questions. Councilmember Fraley-Monillas commented
during Council comments about the full spectrum of sexual harassment. In her years of following City
Councils, she has never seen this practice of public comment in response to a citizen request. She has not
received a response from Mr. Taraday.
Councilmember Buckshnis thanked everyone who participated in the ivy pull at Hutt Park including City
staff, Tree Board Members, Councilmembers, Seaview team leaders, and Cub Scouts; about 80 people
participated in a great community event on Earth Day.
Councilmember Tibbott appreciated the comments made during Audience Comments about the
possibility of a study regarding sexual harassment. He was curious how a study would be conducted,
whether it would be in-house and what type of experts would be needed. He found it interesting that both
the Police Chief and HR Director stated the City follows guidelines and listen to concerns. Everything he
has heard from the Chief and HR was that the City took these allegations very seriously. He pointed out
the most recently settled case was settled mutually, it was not one-sided, it was settled with both parties
agreeing. He looked forward to further information.
For Councilmember Tibbott, Councilmember Fraley-Monillas said the City has had outside investigators
investigate sexual harassment claims in the Police Department in the past and findings were provided. She
commented the issue was not just sexual harassment, it was discriminatory behavior toward women in
general. To Courtney Wooten who talked about swastikas and there not being adequate response,
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April 25, 2017
Page 21
Councilmember Fraley-Monillas said she had also heard people say it was done by kids because the
swastikas were backward, but she assured people were paying attention and it was not being ignored. She
was not certain what the City should do other than sending a clear message that this behavior was not
appropriate in Edmonds. She appreciated the postcards that are being distributed. She apologized to Ms.
Wooten if she felt the swastika painting was not being taken seriously and agreed it was a very serious
event.
Councilmember Fraley-Monillas reported she and five Councilmembers attended yesterday's low income
housing forum at the library. It was very well attended, at least 120 people, and she appreciated the work
done by the Housing Task Force.
COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO EXTEND THE MEETING UNTIL 10:20 P.M. MOTION CARRIED
UNANIMOUSLY.
Council President Mesaros made a correction to the Council timesheets.
Council President Mesaros said harassment and discrimination are never acceptable within or outside the
borders of Edmonds and he was certain other Councilmembers, the Mayor, the HR Director and Police
Chief agreed with that statement. When it is seen, it needs to be acted on. Following a conversation with
the Police Chief, he was confident Chief Compaan was acting on it. He pledged to remain diligent and
acknowledged at some point it may be necessary to hire an outsider to assist. He will find the report that
Councilmember Fraley-Monillas referred to and distribute it to Council.
Council President Mesaros commented discrimination and harassment are forms of hate. The number of
hate crime incidents that have occurred since January 1 is appalling and having it occur on Edmonds' own
doorstep makes it very real. Although some may think it was young people who don't know what they are
doing, at some point they decided they needed to leave a mark that represented hate. Although it may
have been made it in jest, the recipient did not receive it that way. He urged everyone to be vigilant and
work together to keep it from happening again.
Councilmember Teitzel complimented the Tree Board on very well organized, fun ivy pull event on Earth
Day, particularly Councilmember Buckshnis for her participation.
Councilmember Johnson commented tonight's public comment was very interesting, it included veterans,
women and the labor council and she relates personally to those three groups. In response to Laura
Councilmember Johnson's request, she assured Councilmembers do not support hate and stand against
racism as indicated by the proclamation.
Councilmember Nelson thanked the Edmonds Housing Instability Coalition for organizing a great forum
that several Councilmembers attended. The forum highlighted the lack of affordable housing and housing
for the homeless and it was clear the Edmonds community was interested in addressing it sooner rather
than later and taking active steps to make it happen.
Councilmember Nelson commented any acts of hate are dangerous regardless of the intelligence of those
who commit them. He referred to a bookmark provided by the YWCA that states, eliminating racism,
empowering women. As an individual committed to social justice, he stood with the YWCA against
racism and discrimination of any kind and will commit to a lifetime of promoting peace, justice, freedom
and dignity for all people in his community and the world.
Mayor Earling commented some speakers seemed to imply the City was not taking the swastika incident
seriously; he assured there is an active police investigation and those actions are not acceptable or
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April 25, 2017
Page 22
condoned. It cannot be investigated as a hate crime because the definition must be met before it is a hate
crime. If the actions are determined to be hate actions, it will be pursed in that manner. The Police
Department is actively investigating, responding to emails and following up on leads.
11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
This item was not needed.
12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
This item was not needed.
13. ADJOURN
With no further business, the Council meeting was adjourned at 10:20 p.m.
h- �101
DA ID 0. EARLING, MAYOR
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