Loading...
20170516 City CouncilEDMONDS CI'T'Y COUNCIL APPROVED MINU'T'ES May 16, 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 ELECTED OFFICIALS ABSENT Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Rob English, City Engineer Renee McRae, Deputy Parks Director Mike Clugston, Planner Jeff Taraday, City Attorney 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 7.01 p.m. by Mayor Earling in the Council Chambers, 250 5"' 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 with the exception of Councilmember Tibbott. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER NELSON, TO EXCUSE COUNCILMEMBER TIBBOTT. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 1. PUBLIC WORKS PROCLAMATION Mayor Earling read a proclamation recognizing the substantial contributions made by Public Works and Utilities personnel who consistently provide high quality to citizens and proclaiming the week of May 21- 27, 2017 as Public Works Week in the City of Edmonds. He presented the proclamation to Public Works Director Phil Williams. Mr. Williams thanked the Council for the proclamation on behalf of Public Works employees. 2. NATIONAL POLICE WEEK Edmonds City Council Approved Minutes May 16, 2017 Page 1 Mayor Earling read a proclamation proclaiming May 14-20, 2017 as Police Week in the City of Edmonds and publicly saluting the service of law enforcement officers in our community and in communities across the nation. He presented the proclamation to Chief Al Compaan. Chief Compaan explained as part of National Police Week, the Police Department is hosting its annual award ceremony tomorrow in Council Chambers at 6:00 p.m. The ceremony will recognize five members of the Police Department, award the Civilian Employee of the Year and Officer of the Year as well as awards for ten citizen recognizing their actions and contributions. He invited the public to attend the ceremony. 3. PARKS SPECIAL PRESENTA Parks & Recreation Director Carrie Hite explained Deputy Parks & Recreation Director Renee McRae will be retiring on June 1, 2017. She was recently recognized and honored at the Washington Recreation and Parks Association (WRPA) Conference with a Distinguished Service Award for her 30 years of service. She described Ms. McRae's work in the parks and recreation field for 30 years, a longtime member of WRPA throughout her career, most recently serving on the Risk Management Committee. She has held progressive levels of responsibility in recreation programming, recreation division supervision and park planning processes. In the community, she has tremendous connections and respect and was appointed to the founding board of a local foundation in 2009. Ms. McRae started as an office manager and was subsequently promoted to coordinator, manager and deputy director. She used her skills in budgeting, creative programming and project management to successfully enhance the recreation division goals to meet diverse community needs and increase revenues for the department. As the recreation manager, she played a strong role in guiding the department as park programs expanded, working with the parks manager, arts manager and director in a collaborative management team in addition to focusing on increasing revenues for the department. Ms. Hite recognized Ms. McRae's exception problem solving skills and her ability to act as a detail orientated sounding board for her peers and staff. She consistently sets high standards and is always ready to spend time with and coaching other staff. Ms. McRae assisted with writing grants and obtaining over $3.5 million for capital projects as well as keeping detailed records for donations to various projects. Her most notable recent project was the addition of the $1.5 million park revitalization and installation of the spray park. Other key accomplishments include launching the flower basket and beds donation program, assisting with the adoption of the PROS Plan and the acquisition and master planning processes for Civic Park. Ms. McRae is highly regarded in the larger community and has established key networks in the community and with local organizations through the management of special event contracts. Her thoughtful management of gifts donated to the City for amenities such as the commemorative bench program and the flower basket and bed donation program help enrich the lives of countless citizens who appreciate her caring approach and willingness to listen. As a board member of a local foundation, she has been involved in a variety of efforts to increase social equity in the community. She thanked Ms. McRae for giving of herself, countless hours and efforts to help make Edmonds a fabulous place to live and recreate. She presented the award to Ms. McRae and congratulated her. 4. SNOHOMISH HEALTH DISTRICT QUARTERLY REPORT Economic Development/Community Services Director Patrick Doherty recalled earlier this year, the Council approved an Interlocal Agreement (ILA) with Snohomish Health District to provide a $1 per capita financial contrition which totaled $41,000. Pursuant to ILA, the District is required to provide quarterly reports; this the first of those reports. He introduced Jeff Ketchel, Snohomish Health District Interim Administrator, who thanked the City for its willingness to partner with the District and specifically Mayor Earling for his leadership with the south county mayors. He described how the funds Edmonds City Council Approved Minutes May 16, 2017 Page 2 provided by the cities benefit the health of Snohomish County residents and things the District does to make Edmonds a simpler, safer and healthier place to live: • Simpler (more efficient processes) o Food trucks currently licensed in King and Pierce County simply need to prove they are licensed in those counties and can purchase a permit from Snohomish Health o Use of epidemiologist data to create reports used in grant writing • Funding from cities used to hire an additional epidemiologist to do data analysis • Safer: o Every 2 years 6th, 8`", 10th, and 12`" graders in Snohomish County complete a healthy youth survey • 22.7% of 12`h graders indicate they have seriously considered committing suicide — 18.7% in 2016 — 16.3% in 2014 — 15.6% in 2012 ■ One of the District's healthy community specialist is working with school districts on Signs of Suicide (SOS), an evidence -based curriculum known to reduce suicide among children o Safe Medicine Return • Ordinance passed by Snohomish County requiring the pharmaceutical industry to pay for medicine return ■ Boxes must be available by July 5, 2017 o Safe Routes to Schools ■ One of the District's healthy community specialist works with cities to audit walking paths from students' homes to schools — Audit in Edmonds School District will be complete before school starts o Invest in policies such as healthy housing, opioid prevention and sharps safety • Funding from cities use to hire policy analyst Healthier: o Investigate disease outbreak, treatment, prevent spread of disease and coordinate vaccines ■ Currently on the downside of significant mumps outbreak, a vaccine -preventable disease • Swedish Medical Birth and Family Clinic received a gold award for having 89% of the kids they treat fully immunized o Managing 24 active cases of TB of which 19 require direct observed therapy o Funding from cities used to hire additional public health nurse to assist with treatment of TB, communicable diseases and STDs Mr. Ketchel thanked Edmonds for its contribution. Council President Mesaros recalled hearing on the radio that accidental death among adults has increased to nearly epidemic proportions and is the leading causes of death in U.S. He asked whether the Health District has noticed any statistics in Snohomish County. Mr. Ketchel said accidental deaths include falls, poisoning, drowning as well as overdose. Washington has not yet been impacted by a synthetic opioid, fentanyl, like the Midwest and East Coast has; last year Snohomish County had 11 fentanyl related deaths. The District tracks that information and he offered to provide more specific data. Council President Mesaros suggested including it in the next quarterly report. Mr. Ketchel recognized Board of Health Chair Adrienne Fraley-Monillas for her work with the Snohomish Health District. Councilmember Buckshnis was troubled by the increase in youth suicide. She asked whether there were any triggers such as bullying or cyberbullying. She referred to a Snohomish Health District flyer regarding depression and suicide and things for parents to watch look. Mr. Ketchel said that question is not asked in the Healthy Youth Survey; the information provided is self-reported. He was glad social Edmonds City Council Approved Minutes May 16, 2017 Page 3 media was not around when he was in high school or college and questioned how youth today cope with that 24/7 distraction. When he was in school, students could turn off when they went home. In his opinion, social media plays a significant role. With regard to why there has been an increase over the past 8 years in youth seriously considering suicide, he said it was worth investigating as identifying the root cause helps in provide the right mitigation. Councilmember Buckshnis commented on the importance of asking students about depression, commenting even if a student was not clinically depressed they were willing to acknowledge their feelings. She supported trying to figure out the triggers. Councilmember Fraley-Monillas complimented Mr. Ketchel on providing reports to all participating cities. She noted bullying and harassment on social media is a problem for kids nowadays, more than what older adults experienced as children. She asked Mr. Ketchel to comment on the District's role in STDs and staffing issues in clinics. Mr. Ketchel said when an STD (chlamydia, gonorrhea, syphilis, HIV) is reported to the District, the District investigates. Gonorrhea cases has been increasing over the past few years and cases of syphilis this year are expected to increase 50% over last year. Reasons for the increase include H1V is no longer death sentence, it is a chronic disease so people take risks they were not willing to take 10-20 years ago. Another reason is it is easier to meet people; previously when there was a disease outbreak, posters were put up in restrooms at bars and nightclubs. That is no longer where people hookup; they hookup via phone, anomalously and immediately and those apps do not want public health ads. The District has four full-time STD investigators; one investigator said she used to investigate one syphilis case a quarter now it is one a week. The District is also seeing cases of congenital syphilis (pregnant woman transfers to baby). The District is trying to determine how to intervene and effectively reduce these rates. Councilmember Fraley-Monillas commented on the inability to track partners. Historically when the public health district received a report, they could ask about the partners and inform them. District staff has informed her they do not have the time to continually try to contact potential partners who do not respond. She was hopeful funding from cities could be used to increase that program. Mr. Ketchel commented sex occurring anonymously also makes it more difficult to track partners. The District is trying to encourage clinics to do partner therapy (providing a person with an STD with prescriptions for their partners). Councilmember Teitzel thanked the District for the work they are doing for the city. He was concerned with the suicide statistics that indicate nearly one-quarter of youth have thought about suicide and 1 in 10 have actually attempted suicide as well as with the rising trend over the past 4-6 years. Observing this is a crisis, he asked what the District is doing to try to stem this trend. Mr. Ketchel referred to the SOS curriculum that the District is encouraging school districts to institute. The District also provides Suicide Prevention Gatekeeper Training (QPR) to adults who work with teens and preteens to assist in identifying and preventing suicide. The District is also collecting data; every quarter the District meets with the Medical Examiner and local police to review case files of children's deaths, this quarter's focus is suicide. The goal of the review is to determine what led to it and whether something could be learned to prevent future suicides. Councilmember Teitzel referred to the District's hope to get citizens trained in mental health first aid and asked how that could be done. Mr. Ketchel said one of the ways is QPR training. Councilmember Johnson thanked Mr. Ketchel for assuming the role of interim administrator. She was interested in safe walks to school and advocating for bicycle helmets. Pierce and King County Health Districts recommended bicycle helmets be required; she was interested in working with the Snohomish District and the board chair and the new policy analyst to draft a proposal to make bike helmets a requirement in Snohomish County. Mr. Ketchel said his last job was the administrator of Grant County Health District in Central Washington. The cities of Moses Lake and Quincy passed their own youth bicycle helmet laws due to the value they saw in protecting youth. The cost savings of protecting kids from traumatic brain injury is tremendous. In his opinion, the best way to communicate with Snohomish Edmonds City Council Approved Minutes May 16, 2017 Page 4 County was for cities to take action. He offered to work with Edmonds to develop a bike helmet ordinance that could be taken to other cities and eventually to Snohomish County. Councilmember Johnson said only one city in Snohomish County has a bike helmet requirement. The Police Department indicated they would more comfortable if it was a countywide requirement. Councilmember Nelson referred to the 2016 health profiles that divided the county into 11 areas, recalling Edmonds, Mountlake Terrace and Lynnwood have the highest suicide mortality rate. He asked why. Mr. Ketchel said the largest group committing suicide is white males, 40-50 years old. He was not certain why, noting there are different interventions for different age groups. He anticipated it had to do with the stigma of mental health, depression and coping mechanisms. As those stigmas are broken down and services become easier to obtain, suicide is less likely to occur. Councilmember Nelson asked if unintentional and intentional injury from firearms are tracked. Mr. Ketchel offered to research. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS (con't� 5. SNOHOMISH COUNTY TOURISM BUREAU PRESENTATION Economic Development/Community Services Director Patrick Doherty City explained the City provides an annual financial contribution of $6,400 to the Snohomish County Tourism Bureau (SCTB) to promote Snohomish County and Edmonds. Amy Spain, Executive Director, SCTB, introduced Stacey Ickert, Visitor Services and Training Manager, and Tammy Dunn, Sports Development Director. Ms. Spain reviewed: • Purpose of SCTB o Economic development of Snohomish County through tourism. o $1.4 billion Industry 0 10,850 jobs • New department created by the Snohomish County Executive to better align with state and federal agencies: o Snohomish County Parks, Recreation and Tourism Department ■ An old new partnership creating synergy, inter -agency collaboration to facilitate tourism development and marketing in concert with our partners throughout Snohomish County • Destination and product development • SCTB responsible for destination marketing, promotion, industry education and visitor services o Internal strategies • Industry education ■ Marketing platforms ■ Referrals and sponsorship opportunities Lead generation o External strategies • Marketing - Website - Advertising collateral development and distribution - E -Newsletters - Social Media - Services (VIC and convention services) Edmonds City Council Approved Minutes May 16, 2017 Page 5 ■ Direct Sales - Trade shows - Sales missions - Direct sales calls - Membership organizers • Graph of tourism marketing budget for Snohomish County and other counties/cities in Washington o SCTB is one of the least funded in Washington • Graph of budget as a percentage of economic impact Snohomish County and other counties/cities in Washington o SCTB has highest return on investment • Visitors to Washington State o Spent nearly $21.4 billion in 2016 • Accounting for $1.9 billion in local/state tax revenues ON Creating 177,120 jobs • No Washington State Tourism Office o All other states have some form of State funding and/or involvement o Legislation introduced this session HB 1123 and SB5251 ■ contact legislators to support o Comparison of other states' tourism budgets • Alaska $17 million • Idaho $8 million • Oregon $17 million • California $62 million ■ Nevada $15 million • Montana $19 million • Wyoming $11 million ■ Utah $20 million • Arizona $22 million ■ Colorado $10 million • New Mexico $13 million ■ Impact of travel to local economy o Overnight travelers to Snohomish County (staying in commercial lodging) ■ Average 2.1 people per travel party ■ Stay 2.1 nights • Spend $366 per travel party per day o Expenditures of day versus overnight traveler • Day traveler: $108 per day ■ Overnight traveler: $468 • Visitor spending in Snohomish County is $1.4 billion per year; up 2.8% from previous year: o Restaurants $ 323 million o Transportation and fuel $ 147 million o Accommodations $ 145 million o Retail stores $ 141 million o Recreation and entertainment $ 139 million o Grocery stores $ 64 million * Data provided by Dean Runyan and Associates April 2017 Effect of Tourism in Snohomish County o 10,850 jobs o $ 297.2 million payroll o $ 21.7 million local taxes Edmonds City Council Approved Minutes May 16, 2017 Page 6 o $ 54.3 million state taxes Stats at a glance 0 4,304 requests for information from ads o Website visitation was up 17% - 231,000 unique visitors o Achieved over $277,900 of free media coverage o T & D convention room nights represented $58.9 million in economic impact o Served over 30,000 visitors. Countywide centers served over 95,000 visitors o Tourism spending = $1.4 billion; up 2.8% o Hotel occupancy: up 2.4% o Average Daily Rate: down 1.3% o RevPar: up 1.1% ■ Four new hotels in Snohomish County in 2015 o Hotel/Motel tax: up 2.8% Convention, sports and group tour sales and service o Graph of room nights definite, pending and booked 2012-2016 o Group tour, meeting and event planner bids were prepared which resulted in 21,920 total definite room nights o Additional pending bookings at year end totaled 20,614 room nights o Totaling 42,534 room nights o Economic impact total $58.9 million Sports sales and service o $35.7 million economic impact derived from sports Visitor Services o Three Visitor Information Centers • City of Snohomish ■ Lynnwood ■ Future of Flight/Boeing Tour o Electronic Kiosks at Future of Flight/Boeing Tour, Lynnwood Convention Center and Tulalip resort o Mobile VICs operating at events and festivals Summary o $58.9 M economic impact o Tourism spending - $1.4 billion in leisure travel and $2 billion in outdoor recreation 0 10,850 jobs o $21.7 million in local taxes Ms. Spain thanked Mr. Doherty, Cindi Cruz, Carrie Hite and Frances Chapin for their support. Councilmember Johnson asked if Ms. Spain could disaggregate Snohomish County to illustrate how Edmonds is impacted by tourism. Ms. Spain answered the Dean Runyan and Associates report is countywide; Edmonds could contact them directly for data specific to Edmonds. Another measurement of tourism in the community is increase/decrease in the hotel/motel tax receipts. Mr. Doherty said there are not a lot of hotels in Edmonds; many people who come to Edmonds stay in Lynnwood. Hotel/motel tax has increased and continues to grow. The economic impact study of arts and culture that began recently will provide more specific information. Council President Mesaros asked the impact of Airbnb and VRBO on lodging tax. Ms. Spain answered Airbnb collects lodging tax and pays it directly to the City. She was not certain about VRBO. Council President Mesaros inquired about the usage of Airbnb. Ms. Spain answered that is segmented out in the lodging tax; the State Department of Revenue can determine how much tax is derived from Airbnb. Edmonds City Council Approved Minutes May 16, 2017 Page 7 Councilmember Teitzel complimented Ms. Spain on the materials. He relayed the local whale watching company, Puget Sound Express, partners with the cruise industry in Seattle and asked whether SCTB markets to the Seattle cruise industry. Ms. Spain answered yes, SCTB advertises and markets heavily in the Seattle metro area. A 2013 study in Snohomish County hotels found Seattle was one of the top two marketplaces. SCTB advertises online, in hotels, distributes guides at the airport and Seattle area hotels, and partners with Visit Seattle. Two weeks ago SCTB hosted a media familiarization tour in Edmonds for media from France, a program initiated via Visit Seattle and a partnership with Cascade Loop Association. Councilmember Teitzel asked if SCTB marketed specifically with the cruise industry in Seattle. Ms. Spain answered not very heavily because the cruise lines are not interested in what a traveler does before or after the cruise; their interest is booking excursions during the cruise. It is difficult to connect with those travelers who book directly with the cruise line; advertising is done in the Seattle market online, in social media and visitor guides in hotels. She agreed Puget Sound Express was doing an amazing job bringing people to Snohomish County as well as the Edmonds Center for the Arts, the City's marketing program, etc. Mr. Doherty said Puget Sound Express is the main whale watching excursion for the Seattle region and provide two excursions per day year-round. When they started 2 years ago, they had 5,000 passengers, in 2016 they had 11,000 and in 2017 they anticipate 18,000-20,000 and are building a boat twice the size of the existing boat. Edmonds changed their annual brochure to include an image of whale watching and there are discussions with the Downtown Alliance about using funds to create booklet available on the boat about restaurants and shops in Edmonds. Ms. Spain and he have also partnered with the Port of Edmonds in securing a grant from the Port of Seattle to advertise whale watching in inland markets that are a quick flight from Seattle such as Salt Lake City and Denver. Councilmember Buckshnis commented Edmonds is included in most of the guides such as Outdoor Adventure, Outrageous Adventures, Scenic Outlooks ad Scenic Drives but not Strange and Wonderful Oddities. Councilmember Fraley-Monillas asked if the City collects lodging tax from the six hotels on Highway 99. Mr. Doherty said lodging tax from two of the hotels has increased substantially in the past two years. Councilmember Nelson complimented Ms. Spain on the appearance of the materials as well as their substance. For example, the Outdoor Adventure Guide written by Craig Romano, an award winning author of hiking guides. 5. AUDIENCE COMMENTS There were no audience comments. 6. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Johnson requested Items 7 and 8 be removed from the Consent Agenda. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF MAY 9, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF MAY 9, 2017 Edmonds City Council Approved Minutes May 16, 2017 Page 8 3. APPROVAL OF CLAIM CHECKS AND PAYROLL DIRECT DEPOSIT 4. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM TIMOTHY ROWLANDS ($900.00) 5. AMENDMENTS TO DIVERSITY COMMISSION CODE PROVISIONS 6. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH BHC CONSULTANTS FOR THE DAYTON STREET UTILITY REPLACEMENT PROJECT (3RD AVE TO 9TH AVE) 9. REJECT ALL CONSTRUCTION BIDS FOR THE 238TH STREET WALKWAY PROJECT (EDMONDS WAY TO SR99) 10. BUSINESS LICENSE RENEWAL LATE FEE REVERSAL POLICY ITEM 7: AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH TETRA TECH FOR THE LIFT STATION #1 BASIN AND FLOW STUDY Public Works Phil Williams explained Tetra Tech has been evaluating alternatives for wastewater collection and transport on Sunset Avenue. Lift Station #1, the largest lift station in the City that collects a significant amount of wastewater from Edmonds, is located on Sunset Avenue. There are concerns with that location due to its proximity to Puget Sound and potential for overflow into Puget Sound during a power outage. Alternatives being evaluated include a larger pump station, providing more redundancy in the pump station and eliminating Lift Station #1. The focus of the evaluation process is on eliminating the pump station via construction of a gravity conveyance system on Sunset Avenue. This item is a supplement with Tetra Tech to further evaluate alternates and provide cost estimates. Councilmember Johnson inquired about the cost range. Mr. Williams answered all the alternatives are very expensive; a gravity system would be approximately $15 million. Councilmember Buckshnis said friends who live on Sunset have indicated there have been floods. Lift Station #1 is only about 10 years old and she asked if the intent was to mothball it. Mr. Williams responded the pump station is older than 10 years; a significant investment was made in it about a decade ago; it was difficult to do more with the site due to the evaluation and soils. The investment optimized performance but there are still deficits and the location is problematic due to potential overflow. When a power outage occurs, the station immediately switches to alternate power (generators). If anything goes wrong with the automatic transfer switch, the pump station does not operate and by the time staff responds and manually starts the generators, an overflow may have already occurred. This is an effort to determine whether this can be avoided by eliminating the pump and have flows reach the treatment plant via gravity, the most reliable method. Observing the pump station is fairly new and in fairly good condition, Councilmember Teitzel asked if it could be repurposed for the Dayton Street lift station. Mr. Williams answered likely not, pump stations are unique and totally dependent on the amount of flow, the head they need to overcome on the outflow side, etc. The size, the design, and the impellers are unique to every application. The pump can be surplused and sold. Councilmember Teitzel asked if a gravity feed system would require trenching or boring. Mr. Williams answered some of this work will help determine that; four borings will be drilled for geotech exploration along the alignment on Sunset Avenue to evaluate the soils and monitor the groundwater. Groundwater will be the biggest interference with most logical technology, boring. The presence or absence of Edmonds City Council Approved Minutes May 16, 2017 Page 9 groundwater will determine the method; trenchless would be preferable due to the depth of the line to achieve gravity flow. Councilmember Johnson recalled Mr. Williams saying Lift Station #1 pumps 25% of the City's wastewater. Mr. Williams agreed it was a large area. Councilmember Johnson asked the timeframe for implementation of this upgrade. Mr. Williams said this is the next logical step; an approach needs to be determined, followed by budgeting funds for project design and then funding construction. He anticipated it would take a number of years. Councilmember Johnson asked if it would result in a rate increase. Mr. Williams said he would not assume that, the best approach may be to deemphasize the $1-2 million pipe replacements for a few years and use those funds for this project. Staff will return to Council with additional information in the future. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO APPROVE CONSENT AGENDA ITEM 7. MOTION CARRIED UNANIMOUSLY. ITEM 8: AUTHORIZATION FOR THE MAYOR TO SIGN A COMPLETE STREETS GRANT AGREEMENT WITH THE TRANSPORTATION IMPROVEMENT BOARD aBi Public Works Director Phil Williams explained the State began a new grant program recently to support communities embracing the Complete Streets concept which balances all modes of transportation. Grant funds are provided to cities who have adopted meaningful Complete Streets program and ordinance which Edmonds has done. The City was notified of a $250,000 grant to help implement Complete Streets principles. In reviewing the 2015 Comprehensive Transportation Plan, the top walkway project was a missing stretch on the south side of Dayton Street between 7=h & 8"'. A stormwater project on Dayton between 3"' and 9"' that also replaces other utilities from 3`1 to 9`h will provide new surface improvements and utilities and this would be an appropriate time to construct that sidewalk segment. Staff recommends accepting the grant funding and staff will return to Council with project to construct the sidewalk. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE CONSENT AGENDA ITEM 8. MOTION CARRIED UNANIMOUSLY. 7. PUBLIC HEARING 1. UNIT LOT SUBDIVISION CODE AMENDMENT AMD20170003 Development Services Director Shane Hope emphasized unit lot subdivision does not change the number of units on a lot, parking requirements or design; it only allow lot lines to be drawn where development could already occur. Currently the code only allows townhomes apartment style with one owner or via a condominium process. The condominium process is more expensive, a cost that is borne by the purchaser. Unit lot subdivision allows for an easier process to purchase a home. Many other communities utilize this same process. Planner Mike Clugston reviewed the proposed Unit Lot Subdivision Code Amendment: • Application for a code amendment o Application from private party o Amendment would add "unit lot subdivision" as an option in the subdivision code o Process is Type V ■ Planning Board public hearing and recommendation • City Council public hearing and decision (potential ordinance amending ECDC) • Unit Lot Subdivision o Doesn't change underlying zoning o Doesn't change applicable design, height or bulk considerations Edmonds City Council Approved Minutes May 16, 2017 Page 10 o External project setbacks are preserved o Provides for an alternative form of ownership for multifamily projects (as opposed to condominiums) o Requires homeowners association (HOA) and agreements for maintenance of common areas or facilities, and building exteriors for multi -unit buildings Mr. Clugston displayed a photograph of 3 -unit development on 212th with and without unit subdivision, pointing out it looks same. He displayed an aerial view of an existing, standard multifamily project which has a "parent lot" for the overall project development. He displayed an aerial view of the same development with unit lot subdivision where each unit is identified via the subdivision and owned by an individual. He summarized unit lot subdivision was an alternative to condominiums or someone owning the overall development and renting units. He referred to the code language recommended by the Planning Board and recommended following the public hearing, the Council direct the City Attorney to create an ordinance. Councilmember Fraley-Monillas asked how unit lot subdivision affects homeowner responsibilities. Mr. Clugston responded each homeowner would be responsible for what is on their lot. If there are jointly owned utilities on the lots, they would be the responsibility of the larger HOA. Councilmember Fraley- Monillas asked the benefit of homeownership via unit lot subdivision versus a condominium. Ms. Hope answered the unit lot subdivision process is simpler and keeps the cost down for homeowners without jeopardizing homeownership. Councilmember Fraley-Monillas asked about the cost savings. Ms. Hope said she could not be certain without further research. Councilmember Fraley-Monillas summarized her understanding was the benefit to homeowners was units would be slightly less expensive. The potential issue is homeowners own each individual home and are responsible for whatever is in the home unless it is a joint area such as roof. Ms. Hope agreed. Councilmember Johnson referred to rowhouses in Baltimore where each one is individually owned and over time there has been great variation in upkeep, colors, roofing, etc. She asked what tools the City could use to ensure uniformity, noting that is provided via condominium association. In a unit lot subdivision, it would be up to each building to decide when to reroof, paint color, etc. She questioned how to have homeownership with the guarantees of an HOA. Ms. Hope answered that would be addressed in the HOA documents. A unit lot subdivision would be built all at once; rowhomes were originally built as individual units not as a single structure. The structure and form of the building in a unit lot subdivision would be uniform when they were constructed and it would be much more difficult to change that aesthetically. Councilmember Johnson referred to the aerial photograph with unit lot subdivision, anticipating one group of homes could decide to reroof and another would choose not to, resulting in a variation over time in roofing, paint color, etc. Ms. Hope agreed there could be variation but that was true of any neighborhood. For example, in a single family neighborhood, even houses built at same time will vary somewhat over time. Councilmember Johnson agreed there would be uniformity when units are first constructed and diversity in color, pattern, etc. over time. City Attorney Jeff Taraday said one of ways to maintain uniformity in any subdivision is the strength of the Covenants, Conditions and Restrictions (CC&R) that are recorded at time of final plat. The CC&Rs can regulate paint and roof colors. Councilmember Johnson recalled hearing some citizens say this would lead to ghettos but it was her understanding there would be sufficient regulations. Mr. Taraday clarified CC&Rs are private regulations. Councilmember Buckshnis expressed concern this was being fast tracked; it was presented to the Council last week, never presented in committee and now there is a public hearing and Council is being asked to make a decision. She is has received a lot of comments on this issue. She pointed out the huge issue of potential deterioration in this type of subdivision. She asked why the Council was being asked to make a Edmonds City Council Approved Minutes May 16, 2017 Page 11 decision tonight to direct the City Attorney to draft an ordinance when last week was the first time the Council saw it. Ms. Hope clarified in the past, Planning Board decisions have not gone to committees; they have gone to the Council as a whole. This has followed the usual process, presentation to the Council and discussion, public hearing, followed by action. She said a decision does not have to be made tonight but proceeding seems reasonable. Councilmember Buckshnis recalled in the past code issues related to the marsh were presented to the Parks, Planning & Public Works Committee. There are still a lot of citizens concerned that CC&Rs are controlled by homeowners and could lead to potential issues. Ms. Hope said the CC&R for condominiums and single family neighborhoods are controlled by private development. It sounds like some are saying townhomes should not be able to develop their own CC&R or that there should be other restrictions that are not placed on single family homes or condominiums. Councilmember Buckshnis said she has this same situation on her townhouse in Charlotte and is aware of what happens when there are several good owners and one who is not. Her primary question was the necessity of approving it tonight when citizens still have a lot of concerns. Mayor Earling opened the public participation portion of the public hearing. Mike Pattison, Bellevue, Master Builders Association, said this is an ownership opportunity overlay, a tool to better enable people to own instead of rent. Due to numerous hurdles from the recession, condominiums are not being built except for those over $1 million due to insurance and presale requirements. Unit lot subdivision will allow people to own a home in the community; people who own their home take better care of their homes and neighborhood. Without unit lot subdivision, this would be a rental community. John Bissell, Harmsen & Associates, Inc. representing the applicant, Westgate Woods, LLC, said in regard to the concern about maintenance, Edmonds has an architectural design review process. If the HOA is inadequate or one owner does not take care of his unit, the architectural design review process requires changes in paint colors, roofing, etc. for multifamily projects to be approved by staff or the Architectural Design Board. Staff has addressed many of the issues by requiring an HOA. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Teitzel said he has had personal experience with an HOA, serving as the HOA president in an 88 -home development. The CC&Rs were fairly strict and effective, requiring cedar shake roofs and earth tone paint colors. He was comfortable with proposal and would support it. Councilmember Johnson concurred there was no need to rush this. In the past, the Council agreed they would not take action the night of the public hearing to allow citizens time to comment and Councilmembers time for reflection. She did not see any problems with the proposal but preferred to take action at the next business meeting. Councilmember Buckshnis referred to Mr. Bissell's comment about the ADB reviewing paint colors and asked if the homeowners could go back to the ADB after the development was constructed. Ms. Hope said it may depend on what the ADB approved; a violation of the ADB's approval could potentially go back to the ADB. Issues would typically be resolved between the homeowners. If there is a violation of what was approved, the City may get involved in a regulator manner. A third way issues can be resolved is by court action by individual homeowners. Mr. Clugston said the City cannot regulate color; there is nothing in the code regarding color. Using the 3 -unit development as an example, he said major modification such as eliminating windows would come back for design review by staff. Councilmember Buckshnis was supportive of the proposal but preferred to schedule it on a future Consent Agenda. Edmonds City Council Approved Minutes May 16, 2017 Page 12 Council President Mesaros said he had not anticipated the Council would take action tonight; the intent was to hold the public hearing, gather input from the Council and have further discussion. He suggested the Council direct the City Attorney to draft an ordinance for review and action next week or at the June 6 meeting. Councilmember Nelson said, as someone who recently purchased a home, there are not a lot of affordable homes in Edmonds. He was supportive of anything that can increase supply and encourage home ownership. He supported taking action on an ordinance at the June 6 meeting. It was the consensus of the Council to schedule approval on the June 6 Consent Agenda. 8. ACTION ITEM 1. AGREEMENT WITH OLYMPIC VIEW WATER AND SEWER DISTRICT OVWSD AND THE EDMONDS SCHOOL DISTRICT (ESD) RELATED TO THE ISSUANCE OF PERMITS AND APPROVALS FOR THE NEW MADRONA K-8 SCHOOL Public Works Director Phil Williams explained this is a proposed agreement with three signatories OVWSD, ESD and the City of Edmonds. The original intent in the contract between ESD and their contractor was for notice to proceed to be effective tomorrow. The City learned of this about 5-6 days ago. The project will be permitted and approved in a number packages. Their last submittal was a civil site package including utility improvements on the site. ESD needs to release work to the contractor so work can officially begin tomorrow to avoid a significant financial penalty in the contract. Over the past 5-6 days, staff worked to complete review of the recent submittal. Mr. Williams explained some issues related to drainage on the site still need to be resolved between OVWSD and ESD and they want time to resolve them without the pressure of the financial penalty. The agreement allows construction to start, saving the additional cost that would otherwise accrue and OVWSD and ESD can continue to discuss how to resolve the issues and reach agreement. ESD is asking the City not to issue a certificate of occupancy for the building until there is resolution on these issues. Staff is seeking authorization from Council to allow the Mayor to sign the agreement on behalf of the City. Mayor Earling commented staff was presented with a very challenging scenario 5-6 days ago; staff sent their original punchlist to the architects and contractors as early as February and did not receive responses until week ago. It has been an amazing effort by Mr. Williams, ESD, and Mr. Taraday to reach agreement on the issues. Councilmember Fraley-Monillas relayed a citizen's concern about large vaults for runoff. Mr. Williams explained OVWSD and ESD are trying to resolve an issue with drainage on the site. The proposal for runoff from impervious areas is through a sophisticated bio -detention facility that provides treatment to the stormwater and then runs it into a series of 16 underground injection control wells where drilling is done to a porous layer that accepts water and once the stormwater is treated, inject it into the ground. OVWSD has some questions about the location of the wells and wants to ensure the aquifer in Deer Creek Springs that OVWSD accesses is protected. OVWSD and ESD are working in good faith on those details. Councilmember Fraley-Monillas said the call she received was from a homeowner below Madrona on the west side who was concerned about excess flooding into yards and asked if there was any danger of that. Mr. Williams said staff has reviewed the drawings and has no reason to believe the system as designed would not work from a hydraulic standpoint. The issue between OVWSD and ESD is a water quality issue not volume. Edmonds City Council Approved Minutes May 16, 2017 Page 13 Councilmember Johnson pointed out a statement that this agreement shall be effective as of date first written above which is May 11. She was concerned the Council was authorizing the Mayor to sign it but it was not effective as of the date signed but backdated. Mr. Williams said that was not the intent, it was drafted and agreed to on that day. The agreement has to be effective today so ESD can issue a notice to proceed to the contractor by midnight tonight. The date is not that important as long as it is May 16th or earlier. Mr. Taraday said the City's role in this agreement is very small compared to the role of the other two parties. The other two parties executed the agreement at the end of last week. An argument could be made that the City is not even a necessary party to this agreement but OVWSD and ESD wanted the City to be a party and the City's obligation is to acknowledge receipt of the agreement and honor ESD's request. It seems worthy if it helps facilitate a savings of $500,000 in public funds. Mr. Williams expressed support for the City signing the agreement having seen instances where disagreements continue and problems arise at the time the certificate of occupancy is to be issued. The City is promising not to issue a certificate of occupancy until this issue has been resolved. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. MOTION CARRIED UNANIMOUSLY. 9. STUDY ITEMS 1. COUNCIL COMMITTEE MEETING PROCEDURES Council President Mesaros explained when the new format for committee meetings was launched last week, a question arose regarding the role of the Council President and other elected officials. He referred to proposed language regarding the role of the Council President and elected officials participating in other council committee meetings. City Attorney Jeff Taraday's input has been included in the proposed language. Councilmember Fraley-Monillas said she did not have an issue with role of the Council President, but to ensure minimal disruption to the committees, she suggested other elected not participate in the item being discussed if they join the meeting while the item is being discussed to avoid committee members having to explain the item a second time. She also suggested adding language that the agreement of both committee members is required to move an item to the Consent Agenda and if not, the item be forward to the full Council. Councilmember Buckshnis asked if this needed to codified rather than being a policy. Mr. Taraday said there are already features of the committee system in the code. The code is the easiest place to find an answer to a question due to the search engine. There are advantages to having it in the code, but it is not legally required. Councilmember Buckshnis preferred to have codified language so it could be amend as Councilmember Fraley-Monillas suggested. The intent of Council committees is free flowing discussion where people can come and go and get away from the rules of the dais. Council President Mesaros said if there was not unanimity between the two committee members to forward an item to the Consent Agenda, it would come to the full Council. Mr. Taraday said if the committee cannot agree on the next step such as moving the item to Consent or to the full Council or keeping it in committee for further discussion, it defaults to the Council President to determine the next step. In the absence of the committee system, the Council President sets the Council agenda, so in the absence of a committee recommendation, the Council President makes a determination. Councilmember Fraley-Monillas requested that be codified. It has been the standing practice in committee if agreement was not reached between the two committee members, the item was forwarded to the full Edmonds City Council Approved Minutes May 16, 2017 Page 14 Council. She did not support having one person determine which items proceed to the Consent Agenda. Mr. Taraday agreed it did not make sense to forward an item to the Consent Agenda if there was not agreement between the committee members. Councilmember Johnson said much of this discussion was the result of last week's Parks, Planning & Public Works Committee meeting. It was evident that the chair lacked training or understanding of past practices and made three significant mistakes. She clarified this did not reflect on the individual serving as chair. First, the chair overruled an objection she raised about the Council President's participation at the committee meeting, stating he would allow it because he viewed the Council President as a de facto member of all three committees. The mistake he made was the chair does not have the authority to overrule a fellow Councilmember and he is not the judge; both committee members have equal authority, the chair only runs the meeting. Second, the chair made the decision about placing items on the Consent Agenda with the advice of staff. The mistake was one of authority; he should have discussed that with her rather than making the decision himself. Third, the chair chose to ignore her comments about the committee description. When she challenged him to take or leave her comments, he chose to leave them. The chair's mistake was being disrespectful and misguided in thinking only his opinion mattered. She summarized the committee system works best when it is a collaborative process between two equal Councilmembers. Council President Mesaros said he and Mr. Taraday will confer and develop an ordinance for consideration on June 6. As there has already been one incident/disagreement over the role of the committee chair, Mr. Taraday suggested the Council discuss and agree on the chair's role. Council President Mesaros asked whether that was addressed in Roberts Rules. Councilmember Buckshnis suggested common sense. Mr. Taraday said Robert's Rules does not contemplate committees of two. Councilmember Buckshnis said the Finance Committee worked well. The chair starts the meeting, follows the agenda and closes the meeting; everything else is collaborative. The issue Councilmember Johnson experienced may be due to the chair's inexperience. The sole purpose of committees is to discuss, collaborate, plan and decide whether items proceed to the Consent Agenda or full Council. Councilmember Nelson agreed committees are a collaborative process. He agreed with having language regarding how to handle items on which there is not agreement. Councilmember Teitzel agreed committees are a collaborative process. The committee chair has no more or less power than other committee members; the chair opens the meeting, runs the meeting and closes the meeting. It may be useful to have a brief description of the chair's role and responsibility to address issues like Councilmember Johnson identified such what is done when an objection is raised, whether it is noted for the record or action is taken. 10. REPORT ON COUNCIL COMMITTEES COUNCIL COMMITTEE REPORTS Public Safety & Personnel Committee Councilmember Nelson reported on items discussed: 1. Amendments to the Diversity Commission code provisions related to attendance and appointments — Consent Agenda 2. Committee Descriptions — working on description, want to review previous description Edmonds City Council Approved Minutes May 16, 2017 Page 15 Finance Committee Councilmember Buckshnis reported on items discussed: 1. Business License Renewal Reversal Policy — Consent Agenda 2. Budget Development Calendar — Discussion only 3. Committee Structure — rewrote Finance Committee description Parks, Planning and Public Works Committee Councilmember Johnsen reported on items discussed: 1. Construction Bids for 238th Street walkway project — Rejected bids on Consent Agenda 2. Supplemental Agreement with BHC Consultants for Dayton Street Utility Replacement Project — Consent Agenda 3. Supplemental Agreement with Tetra Tech for Lift Station #1 Basin and Flow Study — Consent Agenda (pulled for discussion) 4. Committee structure — continue discussion Council may want to discuss whether recommendations from the Planning Board always go to full Council 11. MAYOR'S COMMENTS Mayor Earling relayed he was impressed with the presentation from the Snohomish Health District. He has encouraged them to spread the word and he was encouraged by the presentation. He requested Councilmember Fraley-Monillas relay his appreciation to the Health District. Mayor Earling reminded of the Snohomish County Cities meeting on Thursday that will include discussion regarding the potential SNOPAC/SNOCOM merger. Mayor Earling advised the City will be hosting students from Western Washington University on June 9 for presentations related to the Sustainability Program as well as a luncheon. He invited Councilmembers to RSVP. 12. COUNCIL COMMENTS Councilmember Johnson reported on the YWCA's annual luncheon, a very fun and inspiring event. Contributions up to $250 will be matched. The YWCA challenged everyone to do some small thing to help women and children; discussions about homelessness and housing affordability fall into that category. The community is fortunate Rick Steves donated Trinity Place to the YWCA which provides housing for 72 women and children in transition. In a couple days the YWCA will also have a March Against Discrimination. Councilmember Teitzel reported a proud dad moment last weekend when his youngest daughter, Julia, graduated with a degree in environmental science from California Lutheran University. Councilmember Buckshnis advised the Tree Board has placed signs on trees on Main and 5th Avenue South, providing information about the environmental benefits of trees. Council President Mesaros reported he has read the signs on Main Street, testing his ability to recognize trees. He reported he will be absent next week, he and his wife are leaving Thursday to spend 10 days in Romania to participate in building a new playground and park. He will return in time for the May 29 Memorial Day celebration at the Edmonds Cemetery and the grand opening of the Veterans Plaza. Edmonds City Council Approved Minutes May 16, 2017 Page 16 Council President Mesaros reported the Council will not meet on the 5th Tuesday, May 30 but there will be a combined meeting of the SNOCOM and SNOPAC Boards where action will be taken on governance issues. Council President Mesaros reported Councilmember Nelson and he met with Legislative/Council Assistant Andrew Pierce this week to discuss renewal of his contract which expires June 1. A recommendation will be on the Public Safety & Personnel Committee's agenda next week. Councilmember Fraley-Monillas reported the Snohomish Health District gave six awards for food safety excellence including two Edmonds restaurants: • Baicha Tea Room (Fast Service Establishment): Maintains cleanliness standard of the facility to the highest level as the owner prioritizes safe food handling and practices in her operation. The Tea Room has demonstrated consistent food safety practices since opening in 2011. Their facility has never had a critical violation during routine health inspections. • Taco Time (Fully Menu Establishment): Owner, manager and entire food team maintain a clean and well organized facility and demonstrate a high standard of safe food handling practices. The "what can I do better" attitude is the centerpiece of the food management team and exhibited in outstanding performance. The routine inspection report history supports that no violations were observed over the past five years. The team's continued commitment to safe food handling practices is admirable. Councilmember Fraley-Monillas reported a Healthy Community Award was given to the Everett Farmers Market, in part due to their acceptance of EBT. A Healthy Community Award was given to Lynnwood Parks & Recreation for promoting vape free environments in parks. Councilmember Fraley-Monillas reported the Housing Coalition is meeting Monday, May 22 at 3:30 p.m. at Holy Rosary. 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 15. ADJOURN With no further business, the Council meeting was adjourned at 9:26 p.m. ti D VID O. EARLING, MAYOR SCO PASSEY, CITY CLERK Edmonds City Council Approved Minutes May 16, 2017 Page 17 ... ... ... ... ... ... 7