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20170606 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES June 6, 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 CALL TO ORDER/FLAG SALUTE STAFF PRESENT T. Dreyer, Police Officer Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Bertrand Hauss, Transportation Engineer Rob English, City Engineer Kernen Lien, Senior 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 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5"' Avenue North, Edmonds. The meeting was opened with the flag salute. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE AGENDA TO ADD ITEM 12, COUNCILMEMBER COMMENTS. AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Buckshnis requested Item 5.8 be removed from the Consent Agenda and Councilmember Johnson requested Item 5.13 be removed. Edmonds City Council Approved Minutes June 6, 2017 Page 1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. COUNCIL SPECIAL MEETING MINUTES OF MAY 23, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF MAY 23, 2017 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM JEFF JANEWAY ($250.00) AND LAN LIBRANDE ($1,679.52) 5. APPROVAL OF AN AMENDMENT TO ECDC 20.75 ADDING A UNIT LOT SUBDIVISION PROCESS 6. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - DUBNO 7. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - ZAPORA 9. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - HALL 10. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - GRANT 11. CONFIRM APPOINTMENT OF MIKE ROSEN TO THE PLANNING BOARD ALTERNATE POSITION 12. REPORT OF FINAL CONSTRUCTION COSTS FOR THE 105TH / 106TH AVENUES WEST LOW IMPACT DEVELOPMENT STORMWATER INFRASTRUCTURE IMPROVEMENTS PROJECT 5. ITEMS REMOVED FROM CONSENT 1. CONFIRMATION OF SALARY COMMISSION APPOINTMENT - NEBE_KER Councilmember Fraley-Monillas did not support confirmation the appointment of Tyler Nebeker to the Salary Commission because he has worked for the Washington Policy Center (WPC) and indicated he still supports their policies. One of the WPC's documents, "Equal Pay Act would promote unfair pay for unequal work," opposes equal pay for equal work for women. During the Council interview, she asked if he still supported WPC's policies and he indicated he did and he is still a member of WPC's Young Professional group. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO NOT SUPPORT THE CONFIRMATION OF TYLER NEBEKER TO THE SALARY COMMISSION. Councilmember Teitzel said although Mr. Nebeker indicated he supports WPC's policies, he was not asked specifically about this question and it was unclear if he supported support unequal pay for men and women. The Salary Commission will consider Council and Mayor salaries, a very narrow issue. Mr. Nebeker is a very bright individual and would bring a lot to the table. Councilmember Teitzel did not support the motion. Edmonds City Council Approved Minutes June 6, 2017 Page 2 Councilmember Fraley-Monillas pointed out Mr. Nebeker indicated he supported WPC's policies and this was a very dangerous policy to support. When someone indicates they support a group's policies, she would hope he understood their policies. She encourage the Council not to support his confirmation. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS JOHNSON, NELSON, FRALEY-MONILLAS, AND BUCKSHNIS AND COUNCIL PRESIDENT MESAROS VOTING YES; COUNCILMEMBERS TEITZEL AND TIBBOTT VOTING NO. 2. APPROVAL OF 60 -DAY EXTENSION TO THE EMPLOYMENT AGREEMENT FOR CITY COUNCIL LEGISLATIVE ASSISTANT ANDREW PIERCE FROM JUNE I 2017 THROUGH JULY 31 2017. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO EXTEND THE CONTRACT FOR ANDREW PIERCE FOR 30 DAYS AND TAKE UP THE REMAINDER IN EXECUTIVE SESSION. Councilmember Johnson clarified the executive session would occur within 30 days. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mike Shaw, Edmonds, thanked the authors of the Marsh RFP for doing a fantastic job. He hoped whatever company was awarded the marsh site-specific study would undergo a rigorous and thorough analysis to ensure they were completely independent and unbiased and would remain so throughout the study. He recommended including those words in the RFP. The options in the RFP are well -thought out; he particularly liked Component 9. He urged the Council to endorse component 9, commenting without a long-term plan and vision, much of what has been accomplished in the marsh preservation effort could slide sideways or even backward. Donna Murphy, Edmonds, referred to the Marsh RFP, expressing appreciation that the effort will be directed at collecting data. The purpose of preserving the marsh is to allow children, students and families the ability to experience the marsh in its purest form. Restricting its boundaries and not prioritizing the marsh's ecosystem will impact the ability to create environmental stewardship and diminishing the marsh will have deleterious effects. Preserving the marsh will allow children, families and visitors to experience and learn the value of a fragile ecosystem with its macroinvertebrates, coastal food chain, carbon cycle water cycle and nitrogen cycle, key pieces to the health of the earth and Edmonds. She envisioned putting Edmonds on the map in the war against the environment. With the abandonment of the Paris accord, it is up to elected officials to prioritize local, unique ecosystems such as the marsh. The City cannot bow to developer -based decisions, because once developed, the sustainability and health of the marsh is altered. The RFP process must include peer review, scientific methodology study, and the City Council and Port need to support the findings of the study, not sell out to the cheapest bidder or highest paid developer. David Huneke, Edmonds, said three weeks ago he was excited to see the City working on the lights on Pine Street, only to be disappointed when the City Council made an emergency decision to put a temporary hold on the lighting. It was his understanding one of the issues was light pollution; he was puzzled by that because no one has expressed concern with light pollution from the high-density light at the fish hatchery. He expressed concern that temporary holds often become permanent and urged the Council to move forward on this project that was approved by the Council last year. He asked if there was a timetable for resuming this project. Edmonds City Council Approved Minutes June 6, 2017 Page 3 Alvin Rutledge, Edmonds, provided an update on the legislature, recalling the City has requested grant funds. The State's fiscal year starts July 1 and there may be a new budget and funding requests may be reversed. It is unknown if there will be a third session, but if that happens, he anticipated there will be more cuts. Marlin Phelps, Edmonds, relayed he recently provided the clerk of the Superior Court in Everett a CD of court records from May 14, 2014 of the Edmonds courtroom to give to Judge Doug Fair's wife, Ellen Fair. He was arrested upon entering Superior Court and charged with felony intimidation of a judge. The City's prosecutor, James Zachor, Junior, called his ex-wife, his daughter, and told her that he had been arrested and would go to jail for a very long time. His ex-wife called his sister and told her that he would be going to jail for a long time. However, taking a CD of a judge committing a felony to his wife was not illegal and the case was dismissed. Mr. Phelps asserted that Judge Stephen Dwyer is a murderer, ordering the murder of then -Western U.S. attorney Thomas Wells who was killed in Seattle in 2001. Mr. Wells was murdered so that the players in Edmonds could move out Judge White who was innocent and set up and did 18 months in federal prison. Thomas Wells would not have prosecuted him. In the 91/2 years that Judge Fair presided over the Edmonds Municipal Court, he had one acquittal, his. Judge Fair asked every defendant what they did for living and for example if they said construction, he would make fine payments in accordance with the amount of money they made. The Edmonds Municipal Court was generating $30,000-$50,000/month and he doubted it all hit the books. The City has replaced criminals like Robert Barker with upstanding officers like Josh McClure, and replaced Judge Fair with Judge Colburn and he urged the City to replace its prosecutor who is a murderer. Jerry Capretta, Edmonds, thanked the Council and Mayor for their service. He referred an Everett Herald article a week ago about the Paine Field expansion including a terminal and flights by Alaska Air. The groundbreaking was held yesterday, a quick turnaround. The article did not mention whether a public hearing had been held by the Puget Sound Regional Council. He acknowledged that may have occurred in the past, recalling about 20 years ago there were public hearings and engineering studies done in an effort to find,capacity for air traffic. During that process every affected city within approximately 12 miles of Paine Field passed a resolution opposing commercial flights at Paine Field. Yet 20 years later without a lot of publicity, apparently there is momentum in that direction. The adverse effects of opening Paine Field to commercial flights will be noise pollution which will result in a decrease in property values for all surrounding cities and a decrease in the tax base of Snohomish County. Edmonds revenues will be depleted, property values will decline and schools will decimated by the sounds of planes. He feared this was nearly a death sentence for the next 20-30 years. Joe Scordino, Edmonds, retired fisheries biologist, relayed he knows the marsh quite well, spending at least one day a month with students at the marsh and it is on his walking route. He thanked the Council for the RFP, anticipating it will provide needed data on the marsh and the effectiveness of its ecological functions as they relate to buffer widths and other conditions. The RFP is an important step, getting the science and making decisions based on science, evidence based management. He was pleased with the wording of Components 1 and 2, the most critical aspects of the RFP, but was not as clear on Component 7 related to cleaning out the SR -104 culverts. The students have been collecting data on flow and water depths on both side of the culverts for two years and he was unsure that was an issue related to the marsh, and may be related to water circulation. He suggested that component be changed to freshwater circulation, observing berms and sediment build-up in other areas of the marsh affect water flows. As the students reported last year, they are finding the edges of marsh have no dissolved oxygen which affects aquatic organisms, amphibians, etc. Something is happening to impede water flows; if the study considers that aspect, he suggested a broader consideration than just the flow through the two culverts. When the students present the results of their study over the past year to the Council on July 17, he will ask that they include the data related to water depth and flows collected on those two culverts. Edmonds City Council Approved Minutes June 6, 2017 Page 4 Council President Mesaros relayed on Memorial Day, there was a program at the Edmonds Cemetery in the morning and in the afternoon, the Veterans Plaza was dedicated. He acknowledged Ron Clyborne and Maria Montalvo for their efforts, commenting without them there would not be a Veterans Plaza. Ron Clyborne and Maria Montalvo, Co -Chairs of the Edmonds Veterans Plaza Committee, presented challenge coins to each Councilmember and Mayor Earling for their tremendous support of the Veterans Plaza. Mr. Clyborne explained challenge coins began in the military and are shared with fellow military members and veterans and as a thank you to individuals who have been a tremendous help to veterans. Mr. Clyborne provided a sampling of the incredible number of emails and phone calls have been received, 99.9% of which have been positive: f To say how thankful I was for your untiring effort and proud of the remarkable range of people and entities from around Edmonds that you so tenaciously pulled together for the Veterans Plaza. Today's event was wonderfully done with a real sense of engagement by those on hand. But as was suggested more than once, this is really the beginning of what the plaza can mean to the city and its people. Again thanks, I look forward to some quite time myself to be able to wander and reflect around this new, powerful focal point for our community • I attended the veteran's memorial opening yesterday. I was personally touched by the entire ceremony. Being a Vietnam -era veteran, it was wonderful to see recognition for our service in a war opposed by many. I grew up in a small Massachusetts community that celebrated Memorial Day every year and has special locations for each war starting with the Revolutionary War to current as well as a parade each Memorial Day to remember those who fought and lost their lives in various conflicts. After leaving Massachusetts, Memorial Day was never the same in other locations. Remembering what Michael Reagan said at the dedication, I feel I am finally home, yesterday I got that feeling back that had been missing for 50 years. Please accept my warmest regards and thanks for what Edmonds has done for all veterans, both living and passed. Your contributions will never be forgotten. Ms. Montalvo shared emails from veterans and non -veterans: • What a very special Memorial Day. Thanks to you and your team for taking on this heartfelt project and seeing it through. The Veterans Plaza is stunning in its simplicity. As one of millions of veterans, I am grateful. • It was an extra special event to honor all veterans. Being able to see them in their uniforms, meet their families and hear comments about them is so valuable. It also made me think of my dad who taught soldiers to fly for WWII and my brother who served in Vietnam. Being able to meet friends at the plaza and share family history will be valuable. ■ The Veterans Plaza was well executed and everyone's hard work definitely showed. Yourself and everyone involved have a lot to be proud of. • The Veterans Plaza program was beyond expectations. I just wanted to say thinks for the great job you did helping create such a wonderful centerpiece for our city. Your hard work and determination paid off. • Congratulations on a fantastic event • I just wanted to take a moment of your time to say thank you. We had the amazing privilege to be in attendance at the commissioning of the new Veterans Plaza. Wow, what an amazing accomplishment. Thank you for your efforts and please relay this to whomever else part of this amazing statement made for generations to see and who knows to follow. I will try to drag my dad out of the house soon to visit the plaza. I know he is like many Vietnam vets, missing that piece that others have received from a grateful nation of services rendered. He has never spoken much of that time and I hope that he too will find peace in this place as Mike Reagan said so poignantly yesterday. Edmonds City Council Approved Minutes June 6, 2017 Page 5 Ms. Montalvo recognized this was a group effort including Parks & Recreation Carrie Hite and her staff and others at the City. Suzy Schaefer, Edmonds, relayed her pleasure with the wording of the RFP components, particularly 1 and 2 that emphasize wildlife. PUBLIC HEARING PUBLIC HEARING ON THE 2018 - 2023 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM Transportation Engineer Bertrand Hauss explained: • Revised Code of Washington (RCW) requires that each city update their TIP by July 1st. • Document contains all significant transportation projects that a City possibly plans to undertake in the next six years. • City of Edmonds policy: TIP financially constrained first three years • Federal Grants, State Grants, and Local funds are programmed as revenue source for TIP projects Mr. Hauss reviewed: Completed / soon to be completed projects in 2017 • 236th St. SW Walkway (from SR -104 to Madrona School) o Project Description • 600 feet of sidewalk along 236th St from SR -104 to school entrance • Pavement Overlay ■ Bicycle sharrow markings • Stormwater upgrades o Schedule ■ Start of construction October 2016 • Substantial Completion May 2017 o Funding ■ Secured Safe Routes to School grant $494,000 • Local Funds (Fund 422) $250,000 ■ REET (Fund 126) $202,000 Trackside Warning System (Dayton St. & Main St. Railroad crossings) o Project Description • Install wayside horns at two railroad crossings to reduce noise level (within Downtown Edmonds) during train crossings o Schedule • Construction completion end of 2017 (pending BNSF response) o Funding • General Fund $43,000 • REET (Fund 126) $290,000 76th Ave. W @ 212th St. SW Intersection Improvements o Project Description • Add left turn lane for NB and SB movements on 76th Av. W • Add right turn lanes for SB, NB, and EB movements • Improve intersection delay • Add bike lanes / wider sidewalk • Various utility upgrades (including conversion of overhead utility lines to underground) o Schedule • Start of Construction April 2017 Edmonds City Council Approved Minutes June 6, 2017 Page 6 ■ Construction Completion end of 2017 Bike -2 -Health project o Project Description • Complete critical missing links of bicycle's network (bike lanes / sharrows in Lynnwood, Mountlake Terrace, and Edmonds) • Bicycle route signage and parking at key locations • Bicycle education and outreach o Schedule • Start of Construction July 2017 ■ Construction Completion end of 2017 Adaptive system along 220th St. SW o Project Description ■ Traffic signal coordination along 220th St. SW from I-5 off ramp to 76th Ave. W to reduce congestion and improve traffic flow along corridor o Schedule ■ Design April 2017 — September 2017 ■ Start of construction October 2017 • Completion December 2017 o Funding ■ HSIP (Federal Grant) $400,000 Scheduled construction projects in 2018 & 2019 • Citywide Pedestrian Crossing Enhancements o Project Description • Complete Citywide pedestrian crossing enhancements at various locations, such as: ■ Rapid Rectangular Flashing Beacons (RRFB) • Installation of HAWK signal at SR -524 & 84th Ave W (similar to SR -104 @ Pine St.) ■ Conversion of Emergency Signal to fully actuated signal with pedestrian phasing (SR - 104 @ 232nd) o Funding • Federal Grant (Safe Routes to School Program) $1,490,000 o Schedule • Design Summer 2017 — end 2018 ■ ROW early 2018 — end 2018 ■ Construction 2019 o Locations ■ Main @ Olympic ■ 84i1' Ave W @ 216`x' St SW ■ SR -524 @ 84`" Ave W ■ 76"' Ave W @ 206`' St SW ■ SR -104 @ 232W St SW ■ Walnut St between 7"' and Stn ■ 229`x' P1 W @ 10+6"' Ave W/Sherwood Elementary ■ Dayton St @ 2nd Ave ■ Dayton St @ private driveway Dayton St. Walkway from 7th Ave. S to 8th Ave. S o Project Description ■ Complete missing sidewalk links (— 250' new sidewalk) • Curb ramp upgrades at Dayton St. @ 8th • Addition of bulb -outs (Dayton St. @ 8th Ave. S) ■ Incorporate into Dayton St. Utility Improvements project (from 3rd to 9th) *Funding Edmonds City Council Approved Minutes June 6, 2017 Page 7 • Complete Streets Program (TIB) $250,000 o Schedule ■ Construction 2019 Other protects in 2018-2023 TIP • Preservation / Safety / Capacity projects o Hwy 99 Revitalization / Gateway o Annual Street Preservation o Signal Upgrades • Puget Dr. @ OVD (2021-2022) ■ 238th St. SW @ 100th Ave. W (2021) • Main St. @ 3rd Ave. (2022-2023) o Intersection Improvements ■ 220th St. SW @ 76th Ave. W (2021-2023) ■ 196th St. SW @ 88th Ave. W (2021-2023) ■ Main St. @ 9th Ave. (2019-2022) ■ Hwy. 99 @ 212th St. SW (2021-2023) • Hwy. 99 @ 216th St. SW (2021-2023) • Hwy. 99 @ 220th St. SW (2021-2023) • SR -104 @ 95th Pl. W (2021-2022) ■ SR -104 @ 238th St. SW (2021-2022) • Non -motorized transportation projects o Sunset Ave. (2018-2021) o Minor Sidewalk Program (2018-2023) o ADA Curb Ramp Improvements (2018-2023) 0 4th Ave. Corridor Enhancement Walkway (2021-2023) o Walkway projects near schools / parks • Maplewood Dr. Walkway (2021-2022) • Elm Way Walkway (2021-2022) ■ Walnut St. Walkway (2021) o Short Walkway projects • 216th St. SW from Hwy. 99 to 72nd Ave. W (2021) Summary of secured transportation grants (2016-2017) PROJECT NAME (year grant secured) Grant Type Total grant amount 76th Ave. @ 212th Intersection Im rovements (2016) State $1,700,000 Dayton St. Walkway from 7th Ave. S to 8th Ave. S (2016) State $250,000 220th St. SW Signal Coordination (2016) Federal $400,000 84th Ave. W Overlay from 220th St. SW to 212th St. SW (2016) Federal $6915000 Ci ide Pedestrian Crossing Enhancements (2017) Federal $1,500,000 Edmonds St. Waterfront Connector 2017 State $700,000 Hwy. 99 Revitalization / Gateway(2017) State $1,000,000 Total Amount $6200 000 Mr. Hauss relayed staffs recommendation, City Council approval of the TIP. Council President Mesaros inquired about the Trackside Warning System (Dayton St. & Main St. Railroad crossings) that is pending BNSF approval and asked if any construction had occurred in preparation for BNSF's approval. Mr. Hauss answered most of the project is on BNSF right-of-way and Edmonds City Council Approved Minutes June 6, 2017 Page 8 nothing can be done without BNSF's approval. He anticipated the project could be completed in 1-1'/2 months once BNSF provides their approval. Council President Mesaros observed the City received $2.6 million in federal funds for projects in 2017 and 2018. He asked whether staff had analyzed the impact of federal funds in the future considering the tenor of conversations in Washington D.C. and the federal budget. Mayor Earling answered there are a lot of mixed signals, the City has applied for some major grants. The transportation infrastructure package keeps getting delayed; it is his understanding some major grants will made available in the next month. He was not aware of any particular federal funds the City was awaiting that would delay any projects. Public Works Director Phil Williams commented the City has not heard anything on FASTLANE grants including the sizeable grant the City applied for the waterfront connector. He anticipated that project and all the FASTLANE applications were delayed while the new administration determines how to address infrastructure. He acknowledged there are a lot of unknowns and a lot of interesting comments from senior representatives of the current federal government about potential changes in funding formulas and percentages and desire for states and local provide larger percentages which would be a disappointment. He summarized it was just a wait and see. Councilmember Buckshnis thanked staff for making a presentation to the Finance Committee. She referred to staff's explanation of the $210,000 expense for the sidewalk on Dayton between 7th and 8t". Councilmember Teitzel referred to Item 12, Main Street @ 9t'', installation of traffic signal or mini - roundabout, recalling a previous TIP stated only mini -roundabout. He asked if there was still debate about a traffic signal and a mini -roundabout and if so, will Council see the decision criteria] used to reach a final solution. Mr. Hauss said a determination has not yet been made regarding a traffic signal or roundabout. Last year's CIP identified either a roundabout or traffic signal as an in-depth analysis has not been done on either option. Once funding is secured, a preliminary analysis will be done to determine whether a roundabout or signal is the best option. The 2015 Transportation Plan states a traffic signal would improve the intersection's level of service from F to B; the improvement with a roundabout has not been determined. Another consideration is the cost; the cost of a signal is $400,0004500,000, a roundabout would be less expensive than the Five Corners roundabout. Once that analysis is done, it will be presented to Council. Councilmember Teitzel referred to project 22, approximately $250,000 for Sunset Avenue in 2018 and asked what that would involve, recognizing there was utility work that needed to be done in that area. Mr. Williams said the City has an active grant and needs to show activity in 2018 to keep the grant active. He agreed there was a great deal of utility work to be done on Sunset as well as determining how the waterfront connector interfaces with the walkway. Eventually a lot of the Sunset Avenue walkway improvements will be done as parts of other projects including resurfacing the street at the conclusion of those project. Interim improvements will be made at 2nd & Caspers, although not from this funding source, to prevent wrong way drivers on 2"d Avenue. Councilmember Nelson asked if the trackside warning system would be completed by the end of the year. Mr. Hauss answered he thinks so, the City is making slow progress with BNSF. Mayor Earling opened the public participation portion of the public hearing. Roger Hertrich, Edmonds, referred to the description of road improvements that states chip seal along with slurry and overlays. However, the TIP does not identify any chip seal projects. He viewed chip sealing as a method to save money on street upkeep, recalling chip sealing was done one year and it worked well but apparently the Engineering Department does not like it. He urged the City to do chip sealing, observing Shoreline has done chip sealing and their streets look very nice for a lot less money. Edmonds City Council Approved Minutes June 6, 2017 Page 9 Hearing no further comment, Mayor Earling closed the public hearing. No action was requested tonight. 8. ACTION ITEMS 1. PARKS DEPUTY DIRECTOR Parks & Recreation Director Carrie Hite relayed a request to revise the salary range for the new Deputy Director position. This was presented to the Public Safety & Personnel Committee last week and committee members Nelson and Fraley-Monillas supported it but requested the full Council review the request. The Parks & Recreation Department was reorganized last year and a Deputy Director position was added; at that time the 2016 wage comparable were done. The Deputy Director has since retired. Three other Parks Deputy Director positions are open in the greater Puget Sound region and Edmonds' salary is on the low end of the range. She referred to the comparable 2016 wages and 2017 wages and requested Council consider adjusting the range to be competitive in the marketplace and place Edmonds at the median of the range. Councilmember Buckshnis pointed out the job description stated City of Kirkland. Ms. Hite advised the wrong job description was included in the packet although Kirkland's job description is very similar to Edmonds'. Councilmember Johnson relayed her understanding that when Ms. Hite was the reporting director for Human Resources, Ms. McRae was promoted to Deputy Director to handle the workload. Since then, Ms. Hite has returned full time Parks & Recreation Director and the City has a Human Resources Director. She asked how many managers were in the Parks & Recreation Department before Ms. McRae's promotion. Ms. Hite answered there were three managers; following the reorganization, there are two managers and one deputy director; no FTEs were added. Councilmember Johnson asked if the intent was to return to three managers. Ms. Hite explained the intent was to continue to have a deputy director and two managers. Councilmember Johnson asked if there would be a pool of applicants at a different salary range for a manager. Ms. Hite agreed there would be a different applicant pool. Councilmember Johnson asked if that would meet the department's needs. Ms. Hite answered no. Councilmember Johnson asked what the assistant director would add to the organization. Ms. Hite answered a recreation manager only oversees recreational programs and recreation staff. A deputy director adds the capacity for that person to also assist with park planning, projects and project management, business services, contracts, concessions, extra services that are not included in the recreation manager job or their skill level. That position is very helpful for the department allows a great deal of planning, grant writing, assistance with the ambitious CIP program etc. Councilmember Johnson observed this position would assist with Ms. Hite's workload. Ms. Hite said the department is very busy and it is helpful to have someone with the skill set to write grants, manage projects and act as project manager. Councilmember Buckshnis requested the correct job description be included when this item is scheduled on the Consent Agenda. Ms. Hite agreed. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE NEW SALARY RANGE FOR THE PARKS DEPUTY DIRECTOR. Councilmember Johnson asked if the Council was approving the salary range as well as the job description. Ms. Hite advised the Council approved the job description during the budget process last year. Edmonds City Council Approved Minutes June 6, 2017 Page 10 MOTION CARRIED UNANIMOUSLY. 2. CLOSED RECORD REVIEW ON REZONE FOR PROPERTY UNDER CONTRACT REZONE R-97-28 CONTRACT RS -8 TO RS -12) Mayor Earling explained the purpose of this closed record review hearing is for the City Council to address the Planning Board's recommendation to approve the site-specific rezone of five parcels within the Perrinville area of Edmonds between 801h Avenue West and Olympic View Drive, file number PLN20170013. He opened the closed record review hearing and provided direction for speakers. The hearing is on the rezone initiated by the City with Resolution No. 1384. It is not an open record hearing and there is no opportunity during the closed review hearing for public testimony other than oral argument from parties of record. The parties of record include the applicant, the City; any person who testified at the open record public hearing on the application; and any person who individually submitted written comments concerning the application at the open record public hearing. The Appearance of Fairness Doctrine requires that this hearing be fair in form, substance and appearance. The hearing must not only be fair but also must appear to be fair. Mayor Earling asked whether any member of the decision-making body had engaged in communication with opponents or proponents regarding the issues in this matter outside the hearing process. Councilmembers Buckshnis, Nelson, Fraley-Monillas, Johnson, Tibbott and Teitzel, Council President Mesaros and Mayor Earling indicated they had not had any communication with opponents or proponents on this matter. Mayor Earling asked if any member of the decision-making body had a conflict and believed he/she could not hear and consider the application in a fair and objective manner. Councilmembers Teitzel, Tibbott, Johnson Fraley-Monillas, Nelson, Buckshnis, Council President Mesaros and Mayor Earling indicated they had no conflicts and could hearing the matter in a fair and objective manner. Mayor Earling asked if there were any objections to his or any Councilmembers' participation as a decision -maker in the hearing. No objections were voiced. Mayor Earling described the procedures for presentation: oral argument by the applicant and parties of record would be limited to five minutes per person. The Council's jurisdiction is in the closed record hearing is to determine whether the applicant had made the showing required in ECDC 20.40. Senior Planner Kernen Lien displayed a map of the area, identifying the five parcels, four of which are privately owned and one is owned by the City. He described: • Site history: 0 1996: Street Map Amendment and Street Vacation (ST -96-77 and ST -96-78) 0 1997: Contract Rezone (R-97-28) RS -12 to RS -8 0 2001: • City Initiates Rezone from RS -8 back to RS -12 (R-01-168) ■ Settlement Agreement for PRD Submittal 0 2005: Angler's Crossing Plat/PRD (P-05-136 and PRD -05-137) 0 2017: ■ Subdivision expired January 2017 ■ City Council initiates rezone with resolution No. 1384 Highlights of Contract Rezone R-97-28 o Contract rezone adds conditions above what would normally be required in the zone o Site had to be developed via PUD process o Conditions reference the street vacation and street map amendments that were applied for in 1996 Edmonds City Council Approved Minutes June 6, 2017 Page 11 Rezone proposal o From contract RS -8 to RS -12 (no contract) • Lot Area — RS -8: 8,000 square feet — RS -12: 12,000 square feet • Density — RS -8: 5.5 units per acre — RS -12: 3.7 units per acre ■ Lot width — RS -8: 70 feet — RS -12: 80 feet ■ Rezone would also invalidate ST -96-77 & ST -96-98 Rezone Review Criteria o ECDC 20.40.010, the Planning Board review shall at least consider the following factors in reviewing a proposed rezone • Comprehensive Plan ■ Zoning Ordinance ■ Surrounding Area • Changes ■ Suitability • Value o Comprehensive Plan ■ Current zoning is not consistent with Comprehensive Plan — Comprehensive Plan Designation is Single Family Resource • Compatible Zoning — RSW-12, RS -12, and RS -20 • Rezoning to RS -12 will make the property consistent with the Comprehensive Plan Designation o Zoning Ordinance • Two zoning purposes — "to assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan." ECDC 16.00.01 O.A — "To provide for areas of residential uses at a range of densities consistent with public health and safety and the adopted comprehensive plan." ECDC 16.10.000.A • One of the reasons the City has large lot comprehensive plan designations and zoning is to protect critical areas. • Larger lot sizes provide more opportunity to avoid disturbance of existing natural features — particularly vegetative cover — and provide an opportunity to maintain linkages between critical areas and habitat. ■ Larger lots sizes in areas subject to landslide hazards also reduce the need to disturb existing vegetation and slopes, and also reduce the probability that continued slide activity will harm people or residences. • Rezoning the property to RS -12 will provide a density that is more consistent with site constraints and be consistent the purposes of the zoning ordinance. o Surrounding area • Surrounded on three sides by single family zones ■ Of the three adjacent single family zones, only RS -12 is consistent with the Comprehensive Plan o Changes ■ Comprehensive Plan Edmonds City Council Approved Minutes June 6, 2017 Page 12 - 1997 - Did not distinguish between small lot and large lot single family designations - 2003 - First differentiation between small lot and large lot single family designations - 2004 - Current five categories for single family designations, include the single family resource designation for the site ■ Planned Residential Development - Contract rezone requires the site be developed through the PRD Process - Changes to the PRD code make it unlikely that a development could meet the current PRD standards due to inability to count critical areas to meet open space requirements o Suitability History and contract rezone was leading towards a specific development that expired and never came to fruition • Prior to contract rezone, site was zoned RS -12 o Value • Given the changes to the PRD code noted above, the site could not likely be development under the current PRD regulations ■ Rezoning the site to RS -12 will allow the property to be developed at densities appropriate for the constraints on the property and other existing regulations (e.g. critical area and storm water regulations) will provide a relative gain to the public health, safety and welfare over the existing contract RS 8 zoning classification. Conclusion and recommendation o Procedural history was for a specific development that has expired o Changes to Comprehensive Plan o Changes to the development code o Recommend initiating rezone from contract RS -8 back to RS -12 o Comments received ■ Received an email this afternoon opposing the rezone (prior to Planning Board public hearing) Mayor Earling referred to the email received this afternoon. Mr. Lien explained his presentation was the PowerPoint from the Planning Board public hearing; that referred to an email from Mr. Heighway expressing opposition to a rezone from RS -12 to RS -8. Mr. Heighway's email and comments at the Planning Board referred to specific development on the site. Mr. Lien explained there is no development application; this is solely a rezone from the contract RS -8 to RS -12. Councilmember Teitzel commented westbound traffic on 80 takes a sharp right onto Olympic View Drive. He recalled earlier discussion about extending 184th Street to connect to Olympic View Drive straight instead of a 90 -degree turn. He asked if this rezone would affect the plans to extend 180. Mr. Lien said the rezone would invalidate street map amendments ST -96-77 & ST -96-98. He displayed a drawing that identified an area with potential for a future road for the site and vacation of a portion of 184th right-of-way on Olympic View Drive. The City's approval in 1996 required a connection between 80 Avenue and Olympic View D. Staff and the Fire District no longer desire connection between 80th and OVD. When the street vacation was processed, the neighborhood wanted the connection between 80th Avenue and Olympic View Drive. When the PRD was being processed in 2007, the neighborhood did not want that connection. A street vacation and street map amendment, which are both Council decisions, will be associated with any future development on the site. Councilmember Johnson asked the size of the four privately owned parcels. Mr. Lien advised they comprise 4.7 acres. Based strictly on area, under the RS -8 zone, there would be potential for 25 lots. Under the RS -12 zoning, there would be potential for 17 lots. Any access easement/road is subtracted from the lot area; a more reasonable number under the RS -12 zone may be 12-13 lots on the 4 parcels. Edmonds City Council Approved Minutes June 6, 2017 Page 13 Councilmember Tibbott asked if that included critical areas. Mr. Lien said one of the critical area regulations that applies in the RS -12 zone that does not apply in R-8 is the 30% native vegetation requirement. An application for this property would require at least 30% of the site to be set aside in native vegetation; there are also steep slopes on the site that will require geotech analysis. He summarized the biggest difference was the 30% native vegetation requirement that applies to RS -12 not RS -8 zones. Councilmember Buckshnis clarified there is no application, and she did not want to speculate on the number lots. Mr. Lien said the number of lots he cited was based on a straight density requirement but there are many issues on the site that would reduce that number. He assured there was no application, the Council was only considering the rezone tonight. Mayor Earling opened public participation from parties of record. Hearing no public comment, Mayor Earling closed the public hearing. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO ADOPT ORDINANCE NO. 4071, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR CERTAIN PROPERTY SUBJECT TO CONTRACT REZONE R- 97-28 FROM CONTRACT RS -8 TO RS -12; AUTHORIZING AMENDMENT OF THE CITY'S OFFICIAL ZONING MAP. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. 9. STUDY ITEMS 1. REVIEW OF UPDATES TO PROPOSED HIGHWAY 99 SUBAREA PLAN Development Services Director Shane Hope introduced John Fregonese, Principal, Fregonese Associates. Mr. Fregonese explained since the public hearing minor changes have been made to the plan, the EIS prepared and ensured consistency between the EIS, plan and zoning. He displayed the project timeline, explaining the project is in the final adoption process. He announced: • Upcoming EIS Open House — June 20th o Opportunity for the public to learn about the Draft Environmental Impact Statement (EIS) on Tuesday, June 20 at 6pm in the Brackett Room at City Hall. o Public Comment period: June 2 through July 3, 2017 • Submit written comments to: City of Edmonds Development Services Attn: Robert Chave, Manager — Planning Division 121 5th Avenue North Edmonds, WA 98020 • Or via email: planning@edmondswa.gov Mr. Fregonese reviewed: • Community values: o Connectivity o Destinations o Beautification o Safety o Walkability o Affordable housing o Healthy businesses Edmonds City Council Approved Minutes June 6, 2017 Page 14 Distinct Subdistricts o Major local and regional destinations on Hwy 99 • International District — Diverse restaurants, grocers and shops; major Korean business cluster • Health District — Swedish Hospital and medical offices ■ Gateway District — Identified by the community during workshop — Desire for "gateway" and distinct transition point in and out of Edmonds Key Assets in Corridor Area o Opportunity to build on the momentum of ongoing improvements in Shoreline along Hwy 99 o High-quality transit facilities already in place providing links to housing, jobs and amenities in the region o Distinct districts already emerging — International and Health Districts — that provide core services and amenities o Already a mixed-use district with retail uses adjacent to single- and multi -family housing o Business, developer community and residents are ready to see positive changes to create a safe, walkable, healthy place Alternative Scenarios o Alternative 1: No Action • —Future growth would continue based on existing development regulations and past trends • —Higher intensity mixed-use and residential buildings would be unfeasible under this scenario ■ —As a result, commercial development would continue to be primary use along Hwy 99 o Alternative 2: Preferred Alternative • —Higher intensity mixed-use growth — greater balance of residential, commercial, and office use ■ —Transportation improvements to increase east/west connectivity, provide greater bicycle/pedestrian mobility, and improved access to transit Mr. Fregonese reviewed Implementation Strategies, Policy Recommendations + Actions ■ Draft Zoning & Development Recommendations o Strengthen Economic Opportunity ■ Support unique business clusters such as International District and Health District ■ Major auto sales facilities remain important to the local economy. Pedestrian Activity Zone standard will allow auto sales to continue business as usual o Encourage Sustainable Building Practices ■ Transit and pedestrian -friendly development with less reliance on automobile trips, should be promoted through new design standards ■ Consider requiring electric vehicle charging facilities especially within new residential developments and bicycle facilities • Encourage use of solar panels and green building practices o Map of proposed update to Comprehensive Plan designations ■ Health District • International District • Gateway District o Current Zoning Map ■ The only difference between CG and CG2 is the height limit (CG = 60' and CG2 = 75') ■ Many current zones are remnants from the county's antiquated zoning • Many zones do not match with the parcel boundaries Edmonds City Council Approved Minutes June 6, 2017 Page 15 o Proposed Zoning Map • The proposal is to change these zones to the consolidated CG zone ■ Incorporate design standards directly into zones to ensure scale transition into neighborhoods ■ More predictable outcomes for community o Comprehensive Plan Map ■ New zoning is consistent with the Comprehensive Plan map o Strengthen current design standards ■ Incorporate them directly into the zoning code ■ Consideration of special circumstances within the corridor will be made to ensure the standards are feasible, such as large parcels that would have multiple buildings if redeveloped and parcels with unique access or transportation challenges may require a modified approach to the design standards. o Amenity Space • Outdoor amenity space, such as landscaping, benches, etc. should be required in conjunction with development • A portion of the required amenity space should be provided as common space and may include pedestrian areas Recommended Front Stepback for Multifamily and Mixed -Use Adjacent to Single Family Zones o UPPER FLOOR SETBACK ■ Zero setback up to 25 feet in height (30 feet is the maximum height in RM 1.5, which is the predominant zone surrounding the commercial zones on Highway 99). • 10 foot setback beyond 25 feet in height on sides with lot line adjacency to single family zones ■ 20 foot setback beyond 55 feet in height on sides with lot line adjacency to single family zones • Stepback areas can be used for active outdoor space such as balconies. Recommended Transit -Supportive Parking Standards o Adjust current minimums; follow market demand for parking • Residential — Current: Studio: 1.2 / 1 -Bedroom: 1.5 / 2 -Bedroom: 1.8 / 3 -Bedroom: 2 ■ Recommended for residential portion of development: Minimum average of 0.75 spaces per unit for units 700 sq. ft. or less (and 1.75 spaces for larger units) • A different ratio may be approved if City determines development is near transit station or supported by a parking study Draft Affordable Housing Recommendations o Define Hwy 99 area as a "target area" to allow Multi -Family Tax Exemption (MFTE) projects ■ Pass ordinance to enable MFTE project in Hwy 99 area • All residential -portion of building value tax exempt for 12 years with at least 20% affordable units o Continue or enhance fee waiver program for affordable housing • Enhance or enhance City program to allow the reduction of transportation and park impact fees for projects that include affordable housing o Mixed -Use, Mixed -Income Demonstration Project • Identify site with willing owner or City purchase/transferrable option ■ Actively recruit developers (non-profit; public-private) • Pilot project for new MFTE and fee waiver programs, and other possible special assessment districts o Other Affordable Housing and Infrastructure Finance Recommendations • Key Financing Tools and Funding Sources to Pursue Edmonds City Council Approved Minutes June 6, 2017 Page 16 - City Fund for Redevelopment and Affordable Housing - Community Renewal Area (CRA) - used in Shoreline - Hospital Benefit Zone (HBZ) Financing Program - Local Infrastructure Project Area (LIPA) Financing - Landscape Conservation and Local Improvement Program (LCLIP) - Low Income Housing Tax Credits (LIHTC) - HUD HOME Program - HUD CDBG Program - Enterprise Community Partiers Regional Equitable Development Initiative Draft Signage & Wayfinding Recommendations o Gateway Signage at Hwy 99/Hwy 104 interchange o Transit Gateway Signage/Station at Hwy 99/228th o Improve wayfinding signage along corridor • Identify downtown, Lake Ballinger, multiuse path (Interurban Trail), new regional rail, International District, Health District, other activity nodes o Unique District Design Identity • Branding, public/local art, street furniture, unique bus shelter designs, pavement patterns, special lighting fixtures, colored crosswalks, banners, etc. o Prohibit new pole signs Draft Transportation Recommendations o Improve Transit Transfers: ■ Unify/consolidate BRT and local transit stops to reduce walking distance for transfers o Hwy 99 and 228th will be Key Intersection • 228th will connect Edmonds to regional rail in Mountlake Terrace. ■ Shuttle/transit service from Hwy 99 to regional rail station • Consolidated transit stop at 228th • New BRT station ■ Clear signage • High quality bike connection on 228th o Incentivize Alternative Transportation Options: • Car Share/Bike Share • On-site bike parking ■ Ride sharing services (Uber, Lyft) • Electric car charging stations • Incentives: Impact fee reductions and parking requirement offsets for providing dedicated accommodating alternative transportation options on-site Draft Transportation Infrastructure Recommendations o Expand use of grant programs to fund safety improvements and pedestrian facilities • Safe Route to School Program • Pedestrian and Bicycle Program ■ Highway Safety Improvements Program (HSIP) ■ Congestion Mitigation & Air Quality Program (CMAQ) o Proposed Short & Long -Term Transportation Improvements • Transportation Goals: - Improve pedestrian safety and access to/from Hwy 99 corridor - Improve pedestrian environment along Hwy 99 corridor - Safe pedestrian crossing of Hwy 99 and access to transit - Improved transit mobility and transit stop environment - Improved traffic flow and general safety with access management ■ Key Recommended Transportation Improvements - Close the most significant gap in the pedestrian crossings within the corridor Edmonds City Council Approved Minutes June 6, 2017 Page 17 - 238th to 228th - a distance of 3,700 ft. - has no controlled pedestrian crossing - Improve pedestrian access from the south at the SR 104 interchange - Long-term recommendation: Reconfigure ramps to conventional 90 -degree stop control intersections - Short-term recommendation: Install Rectangular Rapid Flashing Beacons (RRFB's) with high visibility crosswalk - Improve connections between transit and major employment centers ➢ Swift Stations at 216th and the Swedish Hospital Campus: Implement a pedestrian walkway system within campus with wayfinding o Maps of Planned Transportation Improvements and Project Supportive Transportation Improvements Mr. Fregonese identified next steps: • Open House for Draft EIS (June 20) • City Council Public Hearing on draft Development Regulations (June 20) ■ Planning Board Review of Proposed Planned Action Code Language (June 28) • Planning Board public hearing on Planning Action Code Language (July) • City Council review of Planning Board's Recommendation for Planned Action Code Language (July) • City Council to consider adopting: (a) Subarea Plan, (b) Development Code Amendments and (c) Planned Action Ordinance (August) Councilmember Fraley-Monillas asked if Ms. Hope was able to fix the zoning issue around Safeway including the church next to Safeway. Ms. Hope answered yes, that will be proposed in the plan. Councilmember Fraley-Monillas commented there was very little vacant property in Edmonds and these sites have enough land to build. Councilmember Johnson relayed her understanding that the Planned EIS would facilitate development proposals within the scope. Ms. Hope answered a Planned Action EIS allows for a planned action option. If the Planned Action EIS has been done, any project that fits the scope does not need to do extra environmental review or an extra SEPA process. That is why two alternatives were considered in the EIS. Councilmember Tibbott referred to the two alternatives, no action and the preferred alternative, observing there were three districts as well as a transition between single family such as 3 -story apartments as a buffer between 5 over 1. Mr. Fregonese said that was assumed to be the logical development; the problem is those areas have no commercial potential. Councilmember Tibbott asked about design standards for the transition zone between single family and more intensive multi -family. Mr. Fregonese answered the design standards include streetscape standards that do not allow blank walls and require entries, sidewalks, amities, etc. The building step -back is based on building height. Councilmember Tibbott commented the scenario illustrated on the map would not necessarily occur. Mr. Fregonese answered it would not be across the street. Ms. Hope said that scenario was illustrating assumptions of build -out; the actual regulations may apply in a different manner. Councilmember Tibbott was unclear whether there was a transition zone between single family and the more intensive multi- family. Mr. Fregonese displayed the proposed zoning map, pointing out the uses are adjacent. When lots are adjacent to single family, there is a 50 -foot setback but that does not apply if the development is across the street. He explained it was not realistic to have mixed use development in all locations and would result in more ground floor retail than the market could absorb. It would be logical to have some transition with market buildout. The uses illustrated in the scenarios are permitted under the zoning but it Edmonds City Council Approved Minutes June 6, 2017 Page 18 is not the maximum. Including uses in the EIS that are unlikely to be built adds mitigation to the EIS that will not be realized. The scenario is approximately 2,000 units and 3,000 jobs, a healthy margin for growth that would take some time to absorb and another EIS would not be required until that level was approached. Councilmember Tibbott observed this is a projection rather than illustration of code. Mr. Fregonese said it did not represent a buildout of the code; it was a scenario projection of what was likely in 20 years. Councilmember Tibbott asked how the transition zone would be defined. Mr. Fregonese answered there is no transition zone; the zoning map illustrates mixed use zones adjacent to residential. Ms. Hope pointed out that is the case in some areas currently. Councilmember Tibbott relayed his understanding that theoretically there could be a single-family residence and a 75 -foot high building across the street. Mr. Fregonese agreed that was possible. Councilmember Tibbott asked if there would be any step -backs. Mr. Fregonese said yes for a side or rear yard but not across the street. Councilmember Tibbott said he had concerns with that. Councilmember Tibbott asked whether the new design standards would apply to used car lots on Hwy 99 or only to incentivized redevelopment. Mr. Fregonese answered if a car lot was redeveloped, there would be subject to design standards. He offered to provide examples of a car lot in an area like this with a sidewalk and showroom in front and storage in back. The plan ensures car dealers can upgrade and be compatible and still maintain their profitable use. Councilmember Tibbott asked when those improvements would be required. Ms. Hope answered with redevelopment. Councilmember Tibbott asked if there was any incentive for a car lot other than growing their business or redeveloping their property. Mr. Fregonese said in his experience, new car dealers and higher end used car dealers will keep their businesses up-to-date. Often the car dealers have a parking structure for storage in the back and a showroom in front. Councilmember Teitzel commented the vision is great; he was looking forward to a beautiful boulevard like one might see in France on Hwy 99 with wide sidewalks, outdoor dining, landscaping, etc. However, traffic speeds of 45 mph seem contrary to that vision in terms of pedestrian enjoyment. He asked if there were any plans to work with the State to reduce the speed limit to 35 mph in concert with synchronizing traffic lights. Mr. Fregonese answered no, it is a State highway and regulations related to speed are quite rigid. Amenity areas go up to the street and between buildings, but realistically a sidewalk cafe was unlikely to be next to the street. Councilmember Fraley-Monillas suggested looking at what Shoreline and Lynnwood have done where sidewalk cafes are inside the developments, not adjacent to Hwy 99. To Councilmember Tibbott's comments about step -backs, her understanding was a building across the street from a residential neighborhood would have a 15 -foot setback and then step -backs. Mr. Fregonese said the current regulations did not require that. Councilmember Fraley-Monillas suggested the Council may want to discuss that. Ms. Hope said it was discussed at the Planning Board but they ultimately recognized an extra step -back may not be needed when the width of the street was between the uses. Councilmember Fraley- Monillas agreed with Councilmember Tibbott, having a step -back may be more palatable to the neighborhoods to avoid looking at a huge wall. She was hopeful that would also be addressed by design standards. Councilmember Buckshnis inquired about grandfathering, recalling property owners at the Planning Board who stated did not want to redevelop. Ms. Hope said property owners can keep their building as they are but when they redevelop or make a significant change, the new standards would apply. There are options included in the proposed plan about how the standards would apply. Mr. Fregonese referred to the three levels of flexibility. Edmonds City Council Approved Minutes June 6, 2017 Page 19 Councilmember Buckshnis pointed out there would still a streetscape in front of the building with trees, and a sidewalk in front of the building. Mr. Fregonese agreed, noting amenity areas are also required in front of the building. REVIEW OF PROPOSED HIGHWAY 99 AREA DEVELOPMENT REGULATIONS Development Services Director Shane Hope explained this is the proposed code to implement the subarea plan. The Planning Board reviewed the code, held a public hearing and provided a recommendation. John Fregonese, Principal, Fregonese Associates, advised the development regulations have also been revised taking into account comments from property owners. He identified parcels on the zoning map proposed to be changed to the consolidated CG zone, commenting the new zoning is consistent with the Comprehensive Plan map. He reviewed: • Site development standards General 16.60.020 o The pedestrian area adjacent to the street is composed of three zones: the streetscape zone, the pedestrian zone, and the streetscape zone (Section 16.60.020.C.2) ■ Changed "amenity zone" to "streetscape zone" ■ Added dimensions o Additional building stepback when adjacent to RS zones ■ Upper Stories stepback 10' for 25' of building height; and 20' for 55' of building height • Site development standards —design standards 16.60.030.A. LE o 15' setback with 10' landscape buffer • A minimum five feet wide type N landscaping is required along all street frontages where parking lots about the street. Section 16.60.030.A.1 • Access and vehicle parking o All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise specifically allowed by this chapter, and shall be screened from the sidewalk by a wall or plantings between 2 to 4 feet in height. o Outdoor parking areas shall comprise 40% or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. The requirements of this subsection do not apply to permitted auto sales uses. • Required electric vehicle charging stations (Section 16.60.030.B.5) o One or more electric vehicle charging stations must be provided for all new development that includes housing. • Bicycle storage spaces (Section 16.60.030.B.6) o Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities, shall be provided for residents 0 1 bicycle storage space for each residential unit under 700 square feet and 2 bicycle storage spaces for each residential unit greater than 700 square feet • Paths within parking lots (Section 16.60.030.B.8) o Pedestrian walkways in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands • Pedestrian and transit access (Section 16.60.030.B.11) o Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. o Pedestrians routes shall connect buildings on the same site to each other • Site Development Standards — Site Design and Layout 16.60.030.0 o Alternative Pedestrian Oriented Design (Section 16.60.030.C.1) ■ At least 50% of a building's fagade facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. Edmonds City Council Approved Minutes June 6, 2017 Page 20 • Building must include a prominent pedestrian entry on the primary frontage ■ Vehicle parking shall not be located within the first 20 feet of the primary street frontage, other than as allowed for vehicle sales use. o Alternative Walkable Design Area Option • For sites with unique constraints. ■ At least 50% of the building's fagade facing the primary street shall be located within 60 feet of the front property line o Exceptions Process for Pedestrian and Walkable Design Options ■ Exemptions may be allowed by hearing examiner to provide for design flexibility that still encourages pedestrian orientation and efficient land uses under following criteria: - Property is located within 300 feet of highway interchange or has unique pedestrian access constraints - One or more buildings are located facing the primary street frontage - The development provides business and pedestrian areas near the primary street frontage and likely to be active through the day/evening. - At least 25% of required amenity space is located to connect building to the street - Where a site has multiple buildings, amenity space should be located between buildings to allow shared use - One or more buildings on the site must have at least two stories of usable space o Amenity space (Section 16.60.030.C.4) • An area equivalent to at least 5% of the building footprint shall be provided as amenity space. • If a vehicle parking area is being added to the site without the concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least 5% of the additional parking area. ■ Example of amenity space in Costa Mesa, California o Building Design and Massing (Section 16.60.030.D.2) ■ On the primary frontage, 50% of the building fagade between two and 10 feet in height shall be comprised of windows or doors that are transparent Mr. Fregonese reviewed examples of buildings in Portland: • New Seasons building on N Williams Street • Safeway on Hawthorne Boulevard • Safeway on Hwy 99/Barbur Boulevard • Fred Meyer on Interstate Avenue, Mr. Fregonese provided photographs illustrating the Health District Gateway and SW 234"' today, with initial public investment and corresponding private investment. Ms. Hope invited input from the Council and advised a public hearing is scheduled on June 20. Councilmember Tibbott referred to the recommendations section and desire for greater east and west connectivity and asked whether design standards would apply to east/west streets such as on 228th west of Hwy 99. Ms. Hope said the proposal applies to some of side streets in the district. Mr. Fregonese said every street, not just Hwy 99, has an amenity zone, landscaping, parking, buildings, etc. Benefits are most often realized with buildings on a corner due to the availability of additional space. Councilmember Tibbott relayed his understanding the design standards would apply to east -west corridors within the district. Ms. Hope agreed, noting in some areas that is several blocks. Councilmember Nelson referred to the examples of Safeway properties with solar panels. He asked if that was a decision made by Safeway or zoning requirements. Mr. Fregonese said it was Safeway's commitment to sustainability and tax credit programs that encourage that. Councilmember Nelson referred to changes in the Hwy 99 Plan related to sustainable practices and asked how to get that from the Edmonds City Council Approved Minutes June 6, 2017 Page 21 plan into the code and provide incentives for green buildings. Ms. Hope said staff has been considering how to incentivize that. For example, not counting solar improvements in the building valuable for permit purposes although that is not a huge amount. There are some applicable State programs that may be more attractive than City programs. Staff is open to ways to encourage it via a financial incentive. Mr. Fregonese said there are non -profits in the Northwest that work with large organizations like Safeway to develop programs, financing, tax credits, etc. He suggested contacting the non -profits and referring developers to them. Safeway's program has a 3'/z year payback. Councilmember Johnson recalled in the Westgate plan, there were step -backs from SR -104 to provide a less imposing fagade for motorists and pedestrians. She asked if step -backs from Hwy 99 had been considered. Mr. Fregonese answered it was considered but some of the lots are very small and step -backs eliminate buildable space that make development feasible. He understood the desire for step -backs adjacent to single family but there was not a cost -benefit for a step -backs on Hwy 99. Councilmember Johnson commented it was possible full buildout at 2201h could have 5-7 foot buildings on all 4 corners. Ms. Hope pointed out Hwy 99 is 100 feet wide plus the setback which provides a much wider space in this corridor. Councilmember Johnson commented a lot of builders are providing parking on the first floor and asked if that would be allowed. Ms. Hope said it would be unusual due to the 50% glazing requirement. Mr. Fregonese said there is often tuck -under parking in back. That could be addressed by requiring a certain percentage of the ground floor not be parking. Councilmember Johnson supported adding that. Councilmember Johnson referred to fake fagades along the sidewalk at 196th and Hwy 99 in Lynnwood where there is no street access to individual buildings. Mr. Fregonese said the plan requires a pedestrian path from the sidewalk to the building and windows and doors are required on the frontage. Councilmember Johnson asked if building towers with higher density are allowed on the north end or the corridor. Ms. Hope answered it is the same as currently exists; there is no height limit in the area of the hospital. Councilmember Johnson asked if that included the area near Funtasia, recalling there was a redevelopment proposal in that area. Ms. Hope said building heights are limited to six stories in that area. Councilmember Fraley-Monillas relayed she has received calls from residents concerned with cut -through traffic on the east side of Hwy 99 and potentially other areas. She asked how single-family residences would be protected from their local streets becoming arterials. Ms. Hope said that has not been specifically addressed. Mr. Fregonese said transportation improvements in the plan include traffic calming, signals, pedestrian crossings, etc. to slow and calm traffic, rather than to facilitate higher speeds. Councilmember Fraley-Monillas said residents have expressed interest in traffic calming devices to keep traffic speeding from SR -104 to the freeway. Mr. Fregonese said that may be one of the first things the City wants to consider. Councilmember Buckshnis referred to Chapter 16.60 that addresses the CG zones and asked if that was specific to the Hwy 99 area, recalling there was CG2 zoned property in other areas. Ms. Hope answered there was only one contract CG2 rezone area and this would not apply to that area. Councilmember Buckshnis referred to the example provided of the Hawthorne Safeway, and said that is where she shopped. She asked whether in additional to a financial incentive for solar panels, could the City offer a faster permit process for large buildings. Ms. Hope answered the challenge is offering a faster permit process for some projects results in delays for other projects. Mayor Earling announced there would a 10 -minute executive session at the end of the agenda. 3. RFP FOR BASELINE STUDY OF EDMONDS MARSH Edmonds City Council Approved Minutes June 6, 2017 Page 22 Development Services Director Shane Hope explained the draft RFP was developed by the small working group comprised of three Councilmembers and two staff. The RFP contains four required components and five optional components. She anticipated releasing the RFP once approved by the City Council, see what proposals are submitted and then choose a firm that meets the criteria. The RFP does not include a budget to provide flexibility regarding what consultants offer. She reviewed the process, allow 6-8 weeks for responses to the RFP, Council consideration, selection, contract negotiation, etc. with the study beginning in early fall. Councilmember Buckshnis commented the RFP was very well done. She and Ms. Hope initially worked on the RFP and then a task force was suggested by Council President Mesaros comprised of Council President Mesaros, herself, Councilmember Nelson, City Attorney Jeff Taraday, Senior Planner Kernen Lien and Council Assistant Andrew Pierce. To Mr. Scordino's comment about the hydrology in Component 7, Councilmember Buckshnis said although Component 7, impacts of cleaning out SR -104 culverts is optional, Component 1 address hydrologic functions (related to water flow and stormwater management). She suggested looking at the entire marsh including the Willow Creek and Shellabarger sides. The task force intends to interview respondents to the RFP at open meetings and narrow them to three and then have the entire Council interview the finalists. She expressed support for the RFP. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO FORWARD THE RFP FOR A SITE-SPECIFIC, PLANNING -LEVEL SCIENTIFIC STUDY OF THE EDMONDS MARSH TO THE CONSENT AGENDA NEXT WEEK. Council President Mesaros relayed there were very good discussion as the task force developed the RFP. He anticipated a lot of surprises in the responses to the RFP and more discussion regarding the scope of the study, especially when the cost estimates are provided. He agreed with Councilmember Buckshnis' comments about the SR -104 culverts, Component 7 is an add-on to the total hydrology. He summarized the RFP was a good document and he looked forward to the responses. Councilmember Tibbott was supportive of a baseline study but wanted to ensure the focus was on the required components. He asked about the membership of the task force and whether there were any citizens. Council President Mesaros clarified there were no citizens; at his suggestion, a task force comprised of himself, Councilmembers Buckshnis and Nelson, Ms. Hope and Mr. Lien and Mr. Pierce was formed. Mr. Taraday joined the task force at Councilmember Buckshnis' suggestion. Councilmember Tibbott suggested that be clarified in the RFP. Council President Mesaros said the responders to the RFP shouldn't care who reviews their response as it will be eventually reviewed and approved by the full Council. Councilmember Tibbott said the task force was not explained in the document. Council President Mesaros offered to draft a document regarding the task force for the Council but it would not be included in the RFP. Councilmember Tibbott expressed concern Willow Creek Daylighting Impacts was a required component and preferred it be optional until the scope and cost of that study was determined. He was very supportive of best available science in a baseline study but wanted to ensure the right things were studied in the right order. He was concerned the City could be doing too expansive of a study too soon and developing unrelated information. He wanted to ensure the City was doing things in a prioritized manner and not paying for more of a study than was needed at this time. Councilmember Buckshnis, a member of the WRIA 8 grant committee, said the City has received nearly $500,000 in grant funds to design daylighting of Willow Creek. She was hopeful the daylighting of Willow Creek would come to fruition and felt it was an instrumental part of this entire project. Councilmember Tibbott asked whether that could be paid for Edmonds City Council Approved Minutes June 6, 2017 Page 23 with WIRA 8 funds rather than with the baseline study. Councilmember Buckshnis said she did not think so. Councilmember Teitzel said he was anxious to proceed with the RFP. He referred to the purpose of the study, "The study should inform the City about the existing ecological conditions of the Edmonds Marsh and its wildlife, along with the range of buffer widths and restoration approaches necessary to preserve and enhance the health of the Edmonds Marsh into the future." He agreed with the need for a better scientific assessment of existing conditions at the marsh, but shared Councilmember Tibbott's concern that daylighting of Willow Creek will happen in the future, and due to the uncertainty of funding at the State and Federal levels, it was unclear when daylighting of Willow Creek would occur. Speculating on a future action did not square with him with existing ecology conditions. He supported Councilmember Tibbott's suggestion that that should be an optional part of the study. Councilmember Teitzel referred to Component 2, evaluation of the site-specific buffer for ecological junctions, commenting the document ignores the input of the Tulalip Tribes who have treaty rights to the eastern shore of Puget Sound, including the marsh. He preferred to include their perspectives around the study in the RFP. Ms. Hope said Component 9 addresses the Tulalip Tribe's interest. Councilmember Teitzel said the Tulalip Tribe has a big stake in the Edmonds Marsh and have been ignored in the RFP; their input should be solicited and addressed. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO AMEND THE MOTION BY ADDING AN ASTERISK AT THE END OF COMPONENT 2, THAT STATES, "NOTE: THE TULALIP TRIBES RETAIN TRADITIONAL TREATY RIGHTS ALONG MUCH OF THE EASTERN SHORE OF PUGET SOUND INCLUDING THE EDMONDS MARSH AND HAVE EXTENSIVE EXPERTISE IN NEARSHORE RESTORATION AND PRESERVATION. THE TRIBE'S INPUT MUST BE SOLICITED AS TO OPTIMAL BUFFER WIDTHS FOR THE EDMONDS MARSH." Councilmember Fraley-Monillas was unsure the amended language was warranted as there are potentially other groups that have implied ownership in this area. She was unaware of what Tulalip Tribes' treaty rights in Puget Sound were. She could support an amendment that stated, "consider input from the Tulalip Tribe" but not such detailed language. Councilmember Teitzel assured the Tulalip Tribes have treaty rights on that portion of Puget Sound including the marsh. No other party in the document has treaty rights and it was imperative to obtain their input in the study. Councilmember Fraley-Monillas asked if Councilmember Teitzel had information regarding the Tulalip Tribe's treaty rights for Council review before voting on the amendment. Councilmember Teitzel asserted it is a fact that the Tulalip Tribe has treaty rights in this portion of Puget Sound including the Edmonds Marsh. Councilmember Johnson recalled the Edmonds Crossing EIS identified three tribes with treaty rights in this area. Councilmember Buckshnis said this is an RFP, not the study. She suggested including the Tulalip Tribe and any other tribe's treaty rights in the references. Ms. Hope agreed that could be added as potential resources. Council President Mesaros agreed with Councilmember Buckshnis' comment about including any other tribes that may have treaty rights. He will not support the amendment if Councilmember Buckshnis' language about including the Tulalip Tribe and any other tribes in the references. Councilmember Nelson asked if it was commonplace to reference treaty rights in an RFP. Mr. Taraday said he not seen enough RFPs with the opportunity to mention treaty rights. He clarified this is the beginning of an outreach process. During an interview, the responding consultants could be asked how Edmonds City Council Approved Minutes June 6, 2017 Page 24 treaty rights factor into their analysis. This is a scientific study; whether there are or are not treaty rights should not affect the science. If it was determined during the interview that the existence of treaty rights affected the consultant's scope of work, that should be factored into the consultant contract. Councilmember Teitzel said if there was a commitment to include the language Councilmember Buckshnis suggested, to consult with the Tulalip Tribe and other tribes with treaty rights to the Edmonds Marsh, he was willing withdraw the motion. MOTION FAILED (1-6) COUNCILMEMBER TEITZEL VOTING YES. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE MOTION TO INCLUDE IN THE REFERENCE SECTION INFORMATION RELATING TO TREATY RIGHTS FOR ALL TRIBES RELATIVE TO THE WATERSHED. MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel pointing out throughout the document there is reference to best available science, however, Item C under potential resources, includes bird sighting data from web -based "E -Bird reporting" and lists of wildlife observed in Edmonds Marsh from local residents. He was uncertain how a scientist using BAS would use that secondhand, unverified data in their analysis. He was supportive of the third resource in Item C, Water quality data from Edmonds Stream Team, as he was comfortable with their scientific rigor. COUNCILMEMBER TEITZEL MOVED TO STRIKE THE FIRST TWO ITEMS IN ITEM C, BIRD SIGHTING DATA AND LISTS OF WILDLIFE OBSERVED. MOTION DIED FOR LACK OF A SECOND. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 4. SHORELINE MASTER PROGRAM UPDATE Senior Planner Kernen Lien reported Department of Ecology has approved the Council's changes to the SMP. Exhibit 6, is a redline strikeout versions of the changes. One change not related to the SMP but related to adoption of the SMP is the City Council's quasi-judicial role. The Council passed Resolution 1367 in 2016 to move the Council out of a quasi-judicial role. This is the first code amendment related to that. Mr. Lien relayed another change, substantial development permits could potentially be a Type II permit and moved to Type III, similar to critical area regulations. When that change was made, the shoreline variance substantial development permit and the shoreline conditional use were moved to Type III -A which is not appealable to City Council. As he was prepping for tonight, he found on page 741 of the packet, Title 24, a paragraph drafted in 2009/2010 before Resolution 1367 that states the Council is vested with authority to hear closed record appeals of the hearing examiner. To be consistent with the Resolution and the table, he suggested amending 24.80.150.1 to read, "The Edmonds City Council is vested with the authority to hear of the H-earilig FiNaminer find approve any revisions or amendments to this Master Program in accordance with the applicable requirements of the Shoreline Management Act and the Washington Administrative Code." Council was amenable to the change and staff will revise the document for approval on the Consent Agenda. Councilmember Johnson asked when DOE's comment period ends. Mr. Lien answered it was 60 days, he was uncertain of the exact date. Councilmember Johnson asked if any comments had been submitted. Mr. Lien said not that he was aware of. 10. REPORTS ON COUNCIL COMMITTEES Edmonds City Council Approved Minutes June 6, 2017 Page 25 1. COUNCIL COMMITTEE REPORTS Finance Committee Councilmember Buckshnis reported the committee: • Reviewed all financial policies • Referred to the Public Safety & Personnel Committee consideration of the City's bidding policy in regard to "socio-economic equity rather than always taking the lowest bid. • Reviewed the TIP — scheduled for public hearing tonight COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Public Safety & Personnel Corninittec Councilmember Nelson reported the committee: • Reviewed Parks Deputy Director salary range — forwarded to full Council • Reviewed Legislative Assistant Contract — forwarded to Consent Agenda Parks _Pl, anning & Public Works Committee Councilmember Tibbott reported the committee: • Reviewed the TIP — scheduled for public hearing tonight r Heard a report on Final Construction Costs for the 105th/106th Avenues West Low Impact Development Stormwater Infrastructure Improvement Project Stormwater project — forwarded to Consent Agenda 11. REPORTS ON OUTSIDE COMMITTEE ASSIGNMENTS Councilmember Teitzel reported: • Port of Edmonds: o Proceeding with permitting for a marine related business on gravel parking lot south of the boat work yard on Admiral Way, potentially a yacht brokerage ■ Pre -permitting the lot will make it easier to market it to a potential tenant o Harbor Square • Is quite profitable; bonds paid off very soon will improve the profit margin ■ A new property manager, Brittany Williams, was hired for Harbor Square o Preliminary discussions about a parking structure somewhere on their property recognizing that construction of the waterfront center will increase demand for parking o Puget Sound Express moved to H Dock • Historic Preservation Commission (HPC) o Working on listing the Gerdon house at 3`d & Caspers o Frances Chapin presented drafts of the information panels regarding the logging and the mill industry in Edmonds o Discussed having a condition assessment for the Boys & Girls structure due to the Club's indication they are having serious structural issues • Long range financial planning met on May 24 following a hiatus of several months • Disability Board met in April and approved new policy requiring generic drug used by the member if available to meet the medical need Councilmember Tibbott reported on the Housing Consortium annual meeting that he and Councilmember Nelson attended. He also attended two workshops, 1) advocacy to federal and state legislators, and 2) Edmonds City Council Approved Minutes June 6, 2017 Page 26 integration of health services and housing where he met developers who have done construction in this area. Councilmember Johnson reported the HPC will publish another calendar focusing on the `50s. She also attended the long range financial plan meeting. Council President Mesaros reported on three SNOCOM and SNOPAC meetings regarding the potential merger. At the last joint meeting on May 30, significant progress was made on governance issues. He anticipated final recommendations would be available at the end of June followed by preparation of an ILA for review by the member cities' City Councils. The Seashore Transportation forum discussed ST3, its impacts to the northend and anticipation of 15,000-20,000 riders/day which significantly impact traffic in South Snohomish County. Councilmember Fraley-Monillas relayed she has asked for clarification regarding reports on outside committee assignments; recalling in the past assignments outside the City were made on one meeting and reports on City committees were made at another meeting. She reported on the South County City Cities meeting which included a report on the SNOCOM/SNOPAC merger and what it will mean to cities and the cost. She also attended five Health District meeting in the past month. The Health District is hiring a new physician and recently interviewed a physician from Korea. The Health District is currently borrowing a physician from another county. Councilmember Nelson reported on the Snohomish County Emergency Radio System (SERS) Board meeting that included discussion of the future purchase of an emergency radio system, projected to cost over $70 million and the likely partnership with Snohomish County. He also attended the Affordable Housing Consortium meeting. Councilmember Buckshnis reported she attended a number of meetings related to salmon and salmon recovery. She joined the Puget Sound Regional Salmon Recovery Council that includes WRIA 8, 7 and 9. The tribes had a tribal management conference and are very interested in Chinook recovery and have developed a strategy. WRIA 8 discussed their budget, a 5 -year plan with strategies and goals and award of grant funds; 36 grant requests were received totaling $7 million and WRIA 8 had $5 million to award. She also attended an Urban Forest Management Program Symposium. 12. MAYOR'S COMMENTS Mayor Earling reported on the two Memorial Day celebrations, approximately 600-700 people attended the ceremony at the Edmonds Cemetery. The Veterans Plaza dedication was truly spectacular and a great success. Mayor Earling encouraged Councilmembers to attend the Western Washington University students' presentations regarding sustainability and luncheon on Friday beginning at 10 a.m. in the Brackett Room. Approximately 80-90 people are planning to attend. Mayor Earling referred to emails from Councilmembers expressing concern regarding the decision related to the Paris accord. He has joined a mayors' coalition in support of continuing the Paris accord agreement. The Council could pass a resolution. 13. COUNCILMEMBER COMMENTS Councilmember Buckshnis reported the Mayor's Climate Protection Committee is preparing a resolution for Council consideration. She expressed sadness at what is happening in the world, referring to the Edmonds City Council Approved Minutes June 6, 2017 Page 27 resolution regarding gun safety, noting it is now cars and knives. She urged everyone to learn to be happy and get along. Councilmember Fraley-Monillas said she was unable to attend the Memorial Day celebrations due to a planned family vacation. She thanked everyone who donated time and money to creating the Veterans Plaza. Councilmember Fraley-Monillas referred to efforts to oppose commercial passenger airlines at Paine Field; her research found the Edmonds has done seven resolutions opposing commercial passenger airlines at Paine Field, in March 1992, January 1995, February 2005, June 2005, February 2008 and January 2010 as well as Resolution 1282 in September 2012 signed by Edmonds, Mukilteo, Lynnwood, Mountlake Terrace and Woodway. She recalled Edmonds joined Mukilteo in a lawsuit at one point regarding Paine Field and asked the status of that lawsuit in Superior Court. City Attorney Jeff Taraday said that lawsuit was not being handled by Lighthouse Law Group, he will reach out to the firm handling it and provide the Council an update. Councilmember Fraley-Monillas said there have been a lot of comments by citizen about commercial air traffic from Paine Field over Edmonds and the potential disruption. She anticipated 12 flights/day would be fairly disruptive to the way of life for cities in the area and citizens are feeling helpless. Council President Mesaros relayed a request from Mr. Doherty for a Council group photo. The photograph was tentatively scheduled for the June 13 meeting. Councilmember Johnson indicated she will attend the WWU presentation. She relayed hearing on the radio that the court case was going to the State Supreme Court. She has discussed Jay Capretta's concerns with him and learned 22 years ago he discussed the third runway as a Planning Board member. Councilmember Johnson reported she enjoyed the choir and the very touching speeches at the Memorial Day celebration. She appreciated the effort to recognize Vietnam veterans in a way that can help heal that scar. Councilmember Tibbott reported he attended the Veterans Plaza dedication, finding it very inspirational. He also attended a petanque lunch and was able to throw a p6tanque boule. Councilmember Teitzel reported on the very successful, fun waterfront festival hosted by the Noon Rotary, Daybreaker Rotary Club and the Port of Edmonds. By all accounts, it was the most successful waterfront festival yet. 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(l)(c) At 10:22 p.m., Mayor Earling announced that the City Council would meet in executive session regarding a real estate matter per RCW 42.30.110(1)(c). The executive session was scheduled to last approximately 10 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session. Elected officials present at the executive session were Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Buckshnis, Teitzel, Tibbott, Mesaros and Nelson. City Attorney Jeff Taraday was also present. The executive session concluded at 10:32 p.m. 15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the regular City Council meeting at 10:32 p.m. Edmonds City Council Approved Minutes June 6, 2017 Page 28 COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO WAIVE OUR RIGHT TO PURCHASE THE PROPERTY AT 196TH STREET SW 8413 IN EDMONDS. MOTION CARRIED UNANIMOUSLY. 16. ADJOURN With no further business, the Council meeting was adjourned at 10:33 p.m. L 1. -J 06�;�JA. DAVID 0. EALING, MAYOR moi/ W MA01d Edmonds City Council Approved Minutes June 6, 2017 Page 29 .. �. ._. it