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20170620 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES June 20, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember* (*participated by phone) Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT T. Dreyer, Police Officer Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Shane Hope, Development Services Director Mary Ann Hardie, HR Director Rob English, City Engineer 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 7:05 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present or participating by phone with the exception of Councilmember Buckshnis. 3. APPROVAL OF AGENDA COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO PULL ITEM 6.8, TEMPORARY ADMINISTRATIVE ASSISTANT IN PUBLIC WORKS DEPARTMENT, FROM THE CONSENT AGENDA AND MOVE IT TO ACTION ITEM 9.3 MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS PARK AND RECREATION MONTH PROCLAMATION Mayor Earling read a proclamation proclaiming July 2017 as Parks and Recreation Month in the City of Edmonds. He presented the proclamation to Parks & Recreation Director Carrie Hite. Ms. Hite thanked the community and Council for their support of the City's beloved parks system, commenting there are a lot of projects coming up. She recognized the Parks Department team for their work. Edmonds City Council Approved Minutes June 20, 2017 Page 1 5. AUDIENCE COMMENTS Marlin Phelps, Edmonds, explained in 2014 when the Department of Justice took over the Snohomish County Jail after a multitude of murders, of which he narrowly escaped, a program was implemented where any incoming inmates thought to have heroin or opiates in their system were given an UA that instantly identified a multitude of drugs. If it was a Class B felony or less, the person was let go. If it was a felony or more, it was likely to be assigned to a district court. Because a felony cannot be heard in a court of limited jurisdiction, it was dismissed. At the Superior Court criminal calendar on Monday at the 9 a.m., there was one defendant. The Department of Justice is muddying the waters, importing a lot of heroin addicts who steal to get their drugs, the reason this area has the highest property crime rate in the country. The same Department of Justice that corrupted the court room is now destroying communities. The City Council should join with other City Councils in a no confidence vote in the Department of Justice. The Department of Justice uses its position to do wrong things and the City Council has power to stop them. Alvin Rutledge, Edmonds, invited the Council and the public to the antique and car show, rummage sale, BBQ and live music at the church on 220' & 84th on July 15. Roger Hertrich, Edmonds, referred to the 6 -year Transportation Improvement Program, which states the intent to grind pavement, overlay, chip seal and slurry seal. One street in Edmonds is scheduled for a major overlay, however, chip sealing which allows more repairs to be done before deterioration occurs, is ignored. A small chip seal program was undertaken in the past but staff has since ignored the possibility of doing more chip sealing, saving money and repairing streets more quickly. Shoreline has an extensive chip seal program. He suggested replacing the Mayor's State of City on the TV with City Council meetings. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA AS PREVIOUSLY AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JUNE 13, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF JUNE 13, 2017 3. APPROVAL OF CLAIM CHECKS 4. MARCH 2017 QUARTERLY FINANCIAL REPORT 5. APPROVAL OF THE 2018-2023 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 6. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH HWA GEOSCIENCES FOR THE FISHING PIER REHABILITATION PROJECT 7. TRAFFIC IMPACT FEE ANNUAL REPORT 7. REPORTS 1. PLANNING BOARD UPDATE Planning Board Chair Carreen Nordling Rubenkonig said she was proud of the Planning Board's work, relaying their commitment to being connected with the community. Informally, she encouraged the Council to view the Planning Board as the "front porch" to the City Council; on the front porch, people can talk and Edmonds City Council Approved Minutes June 20, 2017 Page 2 share thoughts. The Planning Board is also part of the formal structure of City government, serving in an advisory capacity to the City Council and the Planning, Parks & Recreation and Public Works departments. Being advisory means providing a voice for the community which includes citizens' voices. She invited public input at their twice monthly meetings and to watch the meetings on TV. She reviewed: • Numbers this Year 0 11 meetings 0 6 public hearing ■ 2 code amendment hearings • 2 rezone hearings o Hwy 99 Plan recommendation o Minor sign code recommendation Retreat: Henbart meeting on Housing (Westgate developer) o Takeaway points ■ Flexibility though incentives ■ Transit oriented development • Variable unit sizes (smaller than local markets • Holder/long term investor • Sense of Place - "Upper Edmonds" for example • This will be Henbart's first project in Snohomish County Looking forward to 2017 o Upcoming Joint Meetings • Economic Development Commission - Five Corners Feasibility Study - Planning Board liaison continues to prove successful in sharing information ■ Tree Board - Upon publication of draft Urban Forest Management Plan • City Council - On affordable housing upon publication of the draft strategy on Edmonds affordable housing findings and recommendations Youth Representative o A young adult, age 16-25 and a resident of Edmonds is invited to join the Planning Board as the youth representative. We are recruiting and the Planning Board member application is on the City's website. The Board meets the second and fourth Wednesday of each month at 7 p.m. Board Members: o Carreen Nordling Rubenkonig, Chair o Nathan Monroe, Vice Chair o Matt Cheung o Todd Cloutier o Alicia Crank o Phil Lovell o Daniel Robles o Mike Rosen, Alternate o Malia Clark, Youth Rep, Graduating Edmonds-Woodway High School Board members are active outside of Planning Board meetings o Members were interviewed for Civic Center Master Plan and Arts Commission study o Vice Chair Monroe serves as the EDC Liaison o Board Member Lovell served on the Waterfront Study o Board Member Crank is a member of the Edmonds Chamber of Commerce o Board Member Robles served as judge for the Parks & Recreation sand sculpture contest last year Edmonds City Council Approved Minutes June 20, 2017 Page 3 Councilmember Fraley-Monillas referred to incentives for smaller units and lower rents for those units and asked how the lower cost could be guaranteed. She asked whether the incentive included putting a cap on the rent. Chair Nordling Rubenkonig relayed the development team indicated there are ways of reducing the cost of the construction. With regard to the Westgate project, it will be subsidized and 19% of the units will be at the affordable housing rate. Vice Chair Monroe recalled the team indicating it was market driven; a certain amount can be charged per square foot for apartments in the area, less square footage equals a lower price. Councilmember Fraley-Monillas concluded the rents would be market rate but lower due to the size. Council President Mesaros asked what the developers of the Westgate characterized as incentives. Vice Chair Monroe said they suggested starting with a 2 -story box as the base and then providing items such as public meeting areas, artwork or other features could quality for additional stories. Councilmember Nelson referred to the comment about long term investor and the importance of that distinction. This is the first time the developer has done a project outside of Seattle but they are referencing standard incentives. He wanted to be certain the developer's first project in Snohomish County had Edmonds appeal and not Seattle's. Vice Chair Monroe asked if Councilmember Nelson was interested in ensuing the project was not cookie cutter, commenting the City's Planning Department will work with the development team. At the meeting the Planning Board had, he felt they were very vested in the project and the area. Chair Nordling Rubenkonig said the development team praised City staff for working with them to create a project they are proud of. She noted Edmonds is urban and the Westgate project is similar to projects in Seattle. Councilmember Teitzel said he reads the Planning Board minutes and is impressed with the work they do. He relayed the Council hears from the public at Council meetings, emails, phone calls, etc. and asked how the Planning Board engages with citizens. Chair Nordling Rubenkonig commented the tree ordinance generated significant public input; there was also a good turnout for the sign code. Planning Board meetings are televised. The Council setup is very formal; the Planning Board is more relaxed. She acknowledged the Planning Board did not have the amount of public participation the members would like. Councilmember Teitzel commented it would be great to see more people engaged at the Planning Board level before issues come to the City Council. 8. PUBLIC HEARING 1. PUBLIC HEARING ON HIGHWAY 99 AREA-: CG REZONE (MAP) & DEVELOPMENT REGULATIONS Development Services Director Shane Hope introduced John Fregonese, Principal, Fregonese Associates, explained tonight's public hearing follows public open houses, news releases, meetings by the Planning Board and City Council and other outreach. He displayed a map of the project area, primarily the commercial zones around Highway 99 in Edmonds. The City Council last discussed Highway 99 Area Zone and Code Changes on June 6: Discussion included: • Comparison with existing zone map and development ode • Review of proposed CG site and building design standards • Question about additional incentives for "green buildings" • Question about vehicle parking within buildings at street level The focus of tonight's public hearing is the Planning Board's recommendation for Zoning Map and Development Code. No action is requested at this time. Edmonds City Council Approved Minutes June 20, 2017 Page 4 He displayed the proposed Zoning Map and explained the proposal: • Change these zones to the consolidated CG Zone • Incorporate design standards directly into zones to ensure scale transition into neighborhoods • More predicable outcomes for community He displayed the Comprehensive Plan Map, advising the new zoning is consistent with the Comprehensive Plan map. He reviewed: • Draft Zoning and Development Recommendations o Strengthen current design standards o Incorporate them directly into the zoning code o 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. • 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 IV landscaping is required along all street frontages where parking lots about the street. Section 16.60.030.A.I • 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 1. 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 20, 2017 Page 5 • 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. 2. 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 3. 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 facade between two and 10 feet in height shall be comprised of windows or doors that are transparent Mr. Fregonese reviewed examples of amenity space and building design and massing: • New Seasons building on N Williams Street in Portland • Safeway on Hawthorne Boulevard in Portland • Safeway on Hwy 99/Barbur Boulevard in Portland • Fred Meyer on Interstate Avenue, • Auto dealers Mr. Fregonese reviewed photographs illustrating the Health District Gateway and SW 234th today and with corresponding private investment. He reviewed the proposed changes to the sign code • Revisions to 20.65.045: o Limit freestanding signs (such as monument signs) to maximum height of 14 feet in this district o Require freestanding signs to be counted as part of total maximum sign area for this district Mr. Fregonese described next steps: • Council's next meeting on this topic - July 18 • Council action scheduled - August 15 Councilmember Teitzel referred to the use of stepbacks to preclude a large wall facing a neighbor, providing a friendly transition. He asked if the use of the stepback would be restricted, for example would decks, tall trees, awnings, etc. be allowed, commenting allowing a 20 -foot tree in the stepback would defeat the purpose of the stepback. Mr. Fregonese answered stepbacks are typically used for outdoor areas that would Edmonds City Council Approved Minutes June 20, 2017 Page 6 include furniture, trees in pots, etc. The intent would be for the stepbacks to be used as outdoor space, an amenity for the building. If desired, tree height could be limited to 10-12 feet. Councilmember Teitzel concluded there would not be a restriction on what was allowed in the stepback. Mr. Fregonese agreed it is typically patio furniture and trees in pots. Councilmember Fraley-Monillas asked if the amenity space was private or public. Mr. Fregonese answered it is privately owned intended to be open for public use as part of the pedestrian environment. Ms. Hope commented there is also opportunity for an internal plaza or courtyard for the tenants/residents/owners in addition to the required public space that is typically at the sidewalk level. Councilmember Fraley-Monillas recalled at least one project where the interpretation was it was not for the public's use but for the tenants' use. Ms. Hope anticipated it could be a mixture, some public space near the sidewalk as well as some private space for residents; the mix will depend on the use. Councilmember Fraley-Monillas concluded the plans for each project would specify whether the space was public or private use. Ms. Hope agreed. Councilmember Tibbott said he liked the architectural features in the renderings but there is a minimal list of suggested building items. He asked whether more detail, perhaps pictures or illustration to help developers understand what the City is looking for with regard to architectural design standards. Mr. Fregonese answered there is typically a brochure or illustrations of how to implement the design standards. Compared to other codes implemented at the staff level, this code has both building transparency and building fagade requirements. With creativity, that will lead to the type of buildings in the illustrations. Quality can never be guaranteed via the code but it can guarantee it won't be a white elephant. Ms. Hope said the draft code includes some illustrations which may be supplemented. Typically, commercial projects include professionals who are used to these design terms, but the intent is for the code to be understandable to the average person. Councilmember Tibbott recalled the Westgate plan included an adaptation of form based code, recalling the intent was to lower the risk to a developer by illustrating what the City was looking for which saves time for the developer and for the City. Ms. Hope said this is a type of form based code as well, it addresses uses that are allowed/not allowed uses but focuses on the building shape, bulk, glazing, as well as the site design and building articulation. Councilmember Tibbott recalled he expressed concern during the last presentation about the possibility of a 75 -foot building across the street from single family residences. In areas of city where that would be allowed, it may not pencil out but it could happen. If a proposal like that were submitted to the City, he how it would be handled. Ms. Hope answered the code currently allows a 75 -foot height next to single family housing in some instances with no requirement for stepback or building setback. This code strengthens and respects the neighborhood more than the existing zoning. Councilmember Tibbott expressed concern that the proposed zoning eliminates the transition areas. When driving around Shoreline and Edmonds today, he saw taller buildings on Hwy 99 with nearby residential areas. In one location, there was the interurban trail and vegetation between single family and the 75 -foot tall building. He appreciated there would be landscaping between the curb and the building, but that does not break up the bulk of the building. He asked what would be done when a use adjacent to another use may not be compatible. Mr. Fregonese answered there would be 15 -foot side and rear yards setback in addition to the stepback. In the case of across the street, there is a 10 -20 -foot setback in front, the 60 -foot right-of-way, and the 20 -foot single family setback, providing approximately a 100 -foot separation between the structures. Although stepback could be required, a 75 -foot tall building 100 feet away is beyond the ratio where it would be beneficial. Councilmember Tibbott commented parking would provide additional distance. Edmonds City Council Approved Minutes June 20, 2017 Page 7 Councilmember Nelson thanked Mr. Fregonese for the requirement for electrical vehicle charging station and the description of amenity space. He referred to the sample photograph of the car dealership, remarking when he thought of amenity space, he was not thinking it would look like that. Mr. Fregonese recalled the Council's concern with retaining car dealerships. He reviewed the car dealership examples, and the intent to do something useful with the space in front that is not just parking. Councilmember Nelson suggested not using that photograph as an example. Councilmember Nelson asked if the amenity spaces for multiple properties could be combined and collectively create a park. Ms. Hope answered that was possible. Mr. Fregonese said he lives next to a Fred Meyer whose amenity space ended up being a corner park. Mayor Earling opened the public participation portion of the public hearing. Dean Phillips, Council President, Edmonds Lutheran Church, referred to the church's letter expressing support for the Highway 99 Subarea Plan. Ann Wermus, Edmonds recognized the work the City has accomplished in the plan for Highway 99. It promises to be a greatly revitalized area. She expressed support for the concept in the plan and stressed the need for continued work on providing permanent low income housing. Under the current plan, if a developer took advantage of the tax exemption option, a limited amount of low income housing could be supplied. In the GMA, the goal is to encourage the availability of affordable housing to all economic segments of the population and encourages the use of innovative techniques to meet the housing needs of all economic segments of the population and requires the city to provide opportunity for a range of housing types. The Highway 99 subarea plan offers a unique opportunity for housing that could be affordable for workforce housing as well as low income, potentially relieving the pressure on low income families. She urged the Council to develop and employ innovative strategies to promote all efforts as way to increase housing opportunity for all economic segments of the population. Bea Wilson, Edmonds, representing herself and her son who owns property on 225"' Place SW. She thanked the City Council and Planning Board for the proposed plan. She asked the definition of affordable housing. Mayor Earling suggested she speak with Ms. Hope. Ms. Wilson concluded the plan looks great. Robert Sieu, Edmonds, property owner on Highway 99, said he spoke at the Planning Board May 10 public hearing regarding the exception on design standards. He also spoke with Ms. Hope and the consultant and both agreed some language needed to be change. The Planning Board approved the plan on the condition those changes would be made but at the June 6 Council meeting, the language had not been changed. The changes are related to exceptions for car dealerships and property 300 feet from an interchange. Seth Hale, Seattle, also representing Stan Piha, Edmonds, expressed their support for the Planning Board's recommendation to approve the ordinance as proposed. The consultant has made the appropriate recommendations regarding setbacks, stepbacks and activity zones to ensure protection for properties adjacent to and across from CG zoned parcels within the corridor. Speaking as an architected, he commended the City on the flexibility in the code, providing a unique opportunity for great design in the corridor instead of code driven design. Alvin Rutledge, Edmonds, asked about the affect the zoning changes would have on adult entertainment. He recalled a Snohomish County levy in 1995-1999 that did not pass. Bruce Witenberg, Edmonds, said the plan works well on Highway 99 frontage where none of the parcels are across street or abut single family residences but more attention needs to be paid to the transition zone. Edmonds City Council Approved Minutes June 20, 2017 Page 8 Single family residences in close proximity to the Highway 99 corridor represent some of the least expensive housing in the City. Among the purposes of the CG zone in 16.60.005, it recognizes the evolving identity and sense of place including distinctions between different parts of the district and to be sensitive to adjacent resident zones. He suggested using "adjacent and neighboring" instead of "adjacent" to clarify consideration of residents next to and across the street from CG zones. The table in 16.60.020.A is not sympathetic to adjacent and neighboring residential zones. The minimum street, side and rear setback of 10-15 feet may be more adequately sensitive to neighboring residential zones if each was increased by a minimum of 10 feet. With regard to 16.60.020.D regarding stepbacks adjacent to RS zones, he suggested using "adjacent to and across the street from RS zones" instead of "adjacent." He recommended surface parking lots adjacent to or across the street from residential zones be prohibited and that residential parking requirements in 16.60.030.1 be further reduced from a minimum of .75 cars for units 700 square feet or less and 1.75 cars for units above 750 square feet to encourage use of public transportation. Adopting these recommendations would more clearly demonstrate the Council's commitment to being sensitive to neighboring RS zones while allowing for needed development. Hearing no further comment, Mayor Earling closed the public hearing. He relayed staff is seeking Council input for consideration on July 18. Councilmember Fraley-Monillas asked for clarification whether the zoning change would allow adult entertainment. Ms. Hope answered nothing had changed with regard to adult entertainment. Councilmember Tibbott expressed interest in staff's suggestions to address the issue he raised regarding multi -family directly across street from single family. Admittedly those streets were quieter and there would be parking on the street, yet the possibility existed for a 75 -foot tall building across the street. He was open to considering options such as a parking buffer, reduced heights, stepback, etc. Councilmember Johnson commented TOD is very conducive to bicycles. She expressed interest in ways to accommodate bicycles in the Highway 99 corridor and consider the corridor as whole as a linear park as there are not a lot of parks in the area. Councilmember Fraley-Monillas asked how to ensure people are not parking in the neighborhoods. Although the hope is fewer cars in a TOD, parking could be an issue if residents of the TOD parked in residential neighborhoods adjacent to the corridor. Ms. Hope said that is a legitimate issue and it is a balancing act. If too much parking is required, the result will not be TOD, yet enough parking needs to be required. The code tries to strike that balance between what is enough so there is some required parking but not so much that the TOD is lost or development of the site is so expensive that nothing happens. She described a development in Redmond where initially the city had fairly hefty parking standards and after the project was built, they found only about half the parking was being used because residents were using transit due to the location. If the need arose, parking programs could be considered. 9. ACTION ITEMS 1. PROPOSED NOISE ORDINANCE Public Works Director Phil Williams explained this is in response to the current need which will continue so staff is recommending a change to the code. He reviewed: • Current Noise Ordinance ECC 5.30 o Written 1981 — last modified 1985 (32 years ago) o Sets standards for noise generation by limiting sound pressure levels at receiving property lines o Establishes two standards ■ Day time (7 am — 10 pm) ■ Nighttime (10 pm— 7 am) Edmonds City Council Approved Minutes June 20, 2017 Page 9 o Lists a number of exemptions (emergency work, maintenance vehicles, aircraft, etc. o Does not distinguish between projects done in the public interest and private sector projects o Allows 2 administrative exemptions each 6 months for 2-3 consecutive nights or 1 every 6 months for 3-7 consecutive nights ■ No criteria for granting o Outside of administrative variances, all other night work must get a full variance under the code which involves the hearing examiner process. This takes at least 2-3 months and can take 6 months. This kind of time is very rarely available in any project schedule o The current system has stretched our ability to deliver big capital projects Edmonds has changed in last 32 years o The City has almost tripled the amount of infrastructure work being done in the last six years ■ Graph comparing budget for capital projects 2008-2017 o Projects have gotten much bigger, more complicated and have involved the relocation of overhead power, cable and phone facilities more often than in the past. We are choosing to underground more of these systems as well ■ Example: project at 76"/212" where daytime power outages impact businesses and Edmonds-Woodway High School Under proposed change, any night work will have to analyze a series of balancing criteria before a decision is made to authorize night time work and a written memorandum will be prepared that sets out the reasons for the decision. These criteria are: 1. Public convenience — will the work result in significant delays for transportation, services, or other customer needs if done only during the day and within the hour restrictions set out in other parts of this chapter? 2. Public safety — does working at night significantly improve safety conditions for the traveling public and/or construction workers? 3. Public exposure — what will be the setting for any proposed work outside of regular hours? Is it located on an arterial street or in a mostly residential area? 4. Public cost — does a limited amount of authorized work outside of regular hours established by this chapter save the public significant cost compared to daytime work? 5. Have all reasonable steps been taken to reduce the impact of any necessary noise outside the standard hours? Answering this question needs to include evaluation of, 1) limiting the night time or early morning work to only that necessary to reasonably mitigate the issues above, 2) use of quiet generators and quiet pumps (as available), 3) drilling and placing of piles instead of driving them, as well as use of other techniques, design choices, and acoustic control equipment and -strategies necessary to minimize the night-time work or early morning impacts from construction noise. Recommended action: o Modify the current ordinance to exempt City projects or City sponsored projects from the noise ordinance subject to the balancing of public convenience, public safety, public exposure, public cost, and appropriate noise control strategies. o Make other requests for variances a Type 1 decision with application to the City's Development Services Department. Councilmember Tibbott relayed residents' concern this would result in a lot more night time projects. He observed not all the variances that are or would be requested are extremely noisy; some of the examples staff provided would be relatively quiet such as turning off power, moving lines from one pole to another. Mr. Williams agreed, explaining activities that would occur at night would enhance the public's convenience, it would not be jack hammers, concrete cuts or setting vaults which could be done during day. The goal would be to keep the impact to a minimum by figuring out the least amount of work that could be done at night to keep project going. Edmonds City Council Approved Minutes June 20, 2017 Page 10 Councilmember Tibbott appreciated the five criteria, coming it was helpful to have criteria to make a decision. He asked how the decision-making process would work. Mr. Williams anticipated engineering and capital project managers will identify the need and the benefits and any downsides of working at night, who needs to be notified, stakeholders such as transit, school district, etc., and prepare a "justification form" with the pros and cons and any mitigation. He anticipated that would be done via a memorandum to the file that anyone could request and evaluate. If a case cannot be made for working at night, it would not occur. He clarified City projects are projects the City pays for on City property or in the right-of-way but a contractor does the work. Other utilities may also be involved such as Snohomish County PUD, Comcast, Frontier, Wave, etc. The contractor typically provides an alternate plan for doing the work during the day which would be considered in evaluating the request for night work. Councilmember Tibbott relayed his understanding there would be a written justification on file that could be review if there was a complaint. Mr. Williams said in the past, nearby residents have also been contacted in person to describe the work. Councilmember Tibbott clarified there would not be exceptions that last 2- 3 weeks. Mr. Williams answered no, that has never been done. Councilmember Tibbott appreciated the attention to detail such as the criteria and reporting. Councilmember Teitzel asked about notification of nearby residents. Mr. Williams answered it is typically 300 feet. Councilmember Teitzel expressed concern about the area around Swedish Hospital where patients may be impacted by work occurring at night. He asked if consideration had been given to excluding that area from the exception. Mr. Williams said that had not been considered, pointing the 7611/212" intersection project is up the street from Swedish. In the past, there has been utility work done in front of the Swedish; the best approach has been personal contact to describe the project. Councilmember Teitzel asked if the goal would be to do as much as possible during day. Mr. Williams answered yes, assuring it was incumbent to keep noise down day or night in that area. Councilmember Fraley-Monillas asked about the existing hours of construction. Mr. Williams answered 7 a.m. to 10 p.m. weekdays and 10 a.m. to 6 p.m. on weekends; no change is proposed to those hours. In the event there is a project where it is advantageous to do some work at night, a determination is made regarding the most appropriate hours. For example, on the 761h/2121" project, three of the nearby businesses close at 11 p.m. Councilmember Fraley-Monillas observed that project has businesses surrounding it, she was more concerned about residential areas. She observed staff currently has the ability to request the Mayor approve an exception twice every six months for 2-3 consecutive nights or once every six months for 3-7 consecutive nights. Councilmember Fraley-Monillas summarized that provides the ability to approve an exception four times a year. Mr. Williams pointed out 30 years ago with the amount of capital projects the City was undertaking, the noise ordinance was sized appropriately. With the increase in capital projects, staff is already out of what they call "silver bullets" (administrative exemptions). Councilmember Fraley-Monillas commented nighttime noise could also affect nursing homes and skilled nursing facilities. Mr. Williams agreed they are very sensitive receptors and that would be taken into consideration. Councilmember Fraley-Monillas said she was not convinced and had received two calls from citizens in residential neighborhoods. Councilmember Nelson commented he felt staffs pain and had great respect for the work Public Works does. He recalled reading in My Edmonds News that Edmonds was changing, which raises the question of whether it is for the better or for the worse. He believed Edmonds residents needed to have say in that change. Removing the hearing examiner, whose sole job is to be objective and make a decision compared to having a department director look at criteria, he anticipated staff would find a way to approve the variance. He suggested considering other ways to achieve this such as increasing the number of night time waivers the Mayor can approve. He spoke in favor of keeping this an objective process, noting local governments have the authority to adopt noise ordinances that best fit the community's needs. Edmonds City Council Approved Minutes June 20, 2017 Page 11 Councilmember Johnson commented the noise ordinance is intended to protect people from excessive noise between the hours of 10 p.m. and 7 a.m. Section 5.30.100 Exemptions is revised to add the following exemptions to the provisions of the chapter at all times: "I. Sounds originating from street construction or repair projects performed by or on behalf of the city of Edmonds." and "J. Sounds originating from the repair or installation of essential utility services performed by or on behalf of the city of Edmonds such as, but not limited to, sanitary sewer, domestic water, electrical, natural gas and other essential utility services." She expressed concern with the carte blanche exception of all City projects from the noise ordinance. Councilmember Johnson referred to the five -point process that would be used to evaluate when an exception could be granted; however, that is under Section 5.30.120 Variances, a Type 1 permit procedure by the Department of Community Development, and has nothing to do with an exemption for all city projects. Mr. Williams said if the draft ordinance was not clear, the intent was that the same five criteria would apply to a variance at the departmental level. The hearing examiner does the same balancing act using the same variance criteria although they have never been spelled out before. The five criteria will provide guidance, whether it is the mayor, the department head or the hearing examiner, which is an improvement to the ordinance. He assured staff was not asking for a blank check with regard to night work. The intent is to do the same evaluation that the hearing examiner does but in a shorter period of time. He commented staff does not enjoy night work and having the contractor on overtime and the intent is only to do night work when necessary. Councilmember Johnson suggested the ordinance needed to be rewritten because that was not how it was current written. As written, the ordinance provides a total exemption for all projects instead of a variance. If the intent is to go through a Type 1 review process and to consider the five variables, that is not stated in the ordinance. She summarized the intent is good but the proposed change does not meet the intent. Mr. Williams said the criteria could be placed in any other sections of Section 5.30 to provide more clarity. He suggested staff work with the City Attorney to make changes to make it clearer. Councilmember Johnson recognized the intent was to extend the circumstances under which off -hours work could be conducted. Mr. Williams clarified the intent was to use the criteria in a process that could be accomplished more quickly. Council President Mesaros said in general he was supportive of the proposal and felt it was a good step in the right direction. In light of the comments by Councilmembers Nelson and Johnson, he suggested staff work with City Attorney to revise the ordinance and present it to the Parks, Planning & Public Works Committee next week. Mr. Williams commented staff is running out of time on the project. Mayor Earling agreed that was a serious consideration in the 76th/212" intersection project; all the administrative exemptions have been used in this six month period. He supported revising the noise ordinance to reflect the real world. Mr. Williams commented the time period is a rolling six months; in six months, the project will be completed yet there are more tasks that need to be done at night. Council President Mesaros anticipated Councilmembers and the City would have received numerous telephone calls if those tasks had been done during the day, causing a greater disruption to the businesses and Edmonds-Woodway High School than was caused during evening hours. Mr. Williams pointed out when using administrative exemptions and/or the hearing examiner process, he was not aware of any complaints in the seven years he has been with the City. 2. COUNCIL COMMITTEE STRUCTURE AND PROCEDURES Council President Mesaros recalled on May 16th, the Council reviewed Council Committee Structure and Procedures that included a description of the role of the Council President. Using the Council's comments, City Attorney Jeff Taraday and he drafted language regarding committee functions. Edmonds City Council Approved Minutes June 20, 2017 Page 12 Councilmember Tibbott commented tonight's agenda had Audience Comments prior to the Consent Agenda and asked whether that needed to be identified in the procedures. Council President Mesaros suggested that was the purview of the Council President to set the agenda. He recalled during consideration of the committee format, there was discussion about an opportunity for the public to comment on items that the committee forwards to the Consent Agenda prior to the Council voting on the Consent Agenda. Councilmember Tibbott asked if it would likewise be appropriate to have committee reports prior to the Consent Agenda. Council President Mesaros anticipated Councilmembers on a committee that considered an item could add to the discussion such as Councilmember Johnson, a member of the Parks, Planning & Public Works Committee, did tonight with regard to the noise ordinance. Councilmember also have an opportunity to pull items from the Consent Agenda and to ask committee members to provide additional insight. He was also hopeful Councilmembers would talk to each other between meetings about items a committee discussed. Councilmember Teitzel referred to Section 1.04.050.1) that states, "Presence of a quorum of the city council at a committee meeting shall not change the character of the meeting from a committee meeting to a city council meeting." He relayed the expectation that only 2-3 Councilmember would be present at committee meetings and asked how that worked in the past. Mr. Taraday said if the Council wanted to limit attendance to prevent a quorum, consideration would need to be given to how to accomplish that, whether attendance was first come first serve and a fourth person cannot enter the room or other criteria to determine who was allowed to attend a committee meeting. Mayor Earling said past practice was somebody had to leave the room. Councilmember Fraley-Monillas recalled at times there were four Councilmembers present but only the two committee members were voting members. Historically the Councilmembers in attendance who are not committee members have not provided much input. In her experience, it was rare for the Mayor to pop into a committee meeting. She recalled in the past Councilmembers may attend a committee to provide input on a topic and then leave. She concluded it has worked fine in the past to allow 3-4 Councilmembers to attend. Councilmember Nelson thanked Council President Mesaros for codifying how to conduct committee meetings; it will be very helpful and clear and he looked forward to supporting it. Council President Mesaros asked if Councilmember Teitzel's concern was the four Councilmembers would conduct other business during a committee meeting. Councilmember Teitzel responded there was a risk of a committee meeting becoming a Council meeting if a quorum was present. Council President Mesaros recalled when the City Attorney conducted Open Public Meetings Act (OPMA) training, any Council business had to be noticed. Mr. Taraday responded Council meetings need to take place pursuant to the OPMA which can occur pursuant to notice at a special meeting or at a regular meeting. Council committee meetings are operated in a manner that they are also subject to the OPMA. Council President Mesaros asked whether four Councilmember could legally attend a committee meeting. Mr. Taraday answered he was not aware of any case that stated a committee of the whole cannot meet as a committee to do Council committee work. He was also not aware of a lot jurisdictions that do that other than Seattle and King County. If a quorum was present, as long as the business conducted at the committee meeting was only the committee's business, it would be in compliance with the OPMA. It could be a violation if a quorum took action as the Council during a committee meeting rather than as the committee. Councilmember Johnson asked how items are added to the committee agendas. Mr. Taraday said the chair could be empowered to add items in advance as agendas are prepared although he was not aware to what Edmonds City Council Approved Minutes June 20, 2017 Page 13 extent the Council President worked with the committee chairs to set the agenda. Council President Mesaros said typically on Thursday morning, the committee agendas have been formulated primarily by directors. If a Councilmember wants an item added to a committee agenda, he suggested they either contact the Council President, committee chair or a director. Councilmember Fraley-Monillas said in the past committee members were also able to add items to the agenda at the meeting as long as both committee members agreed. Mr. Taraday agreed as long as the committee meeting is the regular meeting and not a special meeting, a majority can add an item. Councilmember Fraley-Monillas suggested if the committee members cannot agree about adding an item to the agenda, it would be up to the Council President. Councilmember Fraley-Monillas commented in the past only the two committee members were allowed to vote. Historically if a committee member was absent, the Council President attended and voted. The proposed ordinance clarifies that the Council President takes the place of the absent committee member. Councilmember Johnson referred to Section 1.04.050.0 which states "The Council President shall be a non- voting ex -officio member of all council committees." and 1.04.050.1) which states, "The mayor and council members from other committees may attend committee meetings of which they are not members and may join the discussion and ask questions about a committee business item if they have been present during the entire discussion of that business item." and asked if that applied to the Council President. In the past the Council President was not a non-voting ex -officio member of all committees; the Council President only filled in when a Councilmember was absent. Council President Mesaros said the proposed ordinance states the Council President is a non-voting ex -officio member of all committees unless a committee members is absent. He said the statement in Item D about joining the discussion and asking questions only if present during the entire discussion also applied to the Council President. Councilmember Johnson recalled during Council committee meetings or meetings of whole, the Mayor may ask for permission to join discussion but it is not automatic. She suggested that be deleted from the ordinance. Council President Mesaros suggested that change could be accomplished via a motion. Councilmember Johnson said that follows Roberts Rules of Order and the role of a strong Mayor in Council government. Mr. Taraday commented the Council is crafting something new in setting up this committee structure. Councilmember Johnson said the committee structure is intended for Councilmembers to have open discussion with staff. The Mayor has a weekly meeting with staff and has already had discussion as well as assisted with setting the agenda. COUNCILMEMBER JOHNSON MOVED TO STRIKE THE MAYOR FROM ITEM C. MOTION DIED FOR LACK OF A SECOND. Councilmember Tibbott relayed his understanding that an ex -officio member would have the same rights and privileges as any Councilmember as outlined in Item D. Council President Mesaros agreed. Councilmember Tibbott express support for the ordnance as written. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER NELSON, TO APPROVE ORDINANCE NO. 4073, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO CITY COUNCIL COMMITTEE MEETINGS AND ADDING A NEW SECTION TO CHAPTER 1.04 ECC, AS PRESENTED. MOTION CARRIED (5-1), COUNCILMEMBER JOHNSON VOTING NO. 3. TEMPORARY ADMINISTRATIVE ASSISTANT IN PUBLIC WORKS DEPARTMENT Councilmember Nelson said he pulled this from the Consent Agenda out of an abundance of caution because it is a budget amendment and the other committee member (Councilmember Fraley-Monillas) was absent. The request is a temporary administrative assistant to cover for an employee who will be out on maternity leave for 4 months and part-time for 6 months, an expenditure of up to $16,500. Edmonds City Council Approved Minutes June 20, 2017 Page 14 COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO APPROVE THE TEMPORARY ADMINISTRATIVE ASSISTANT POSITION. Councilmember Fraley-Monillas asked if the $16,500 was to fill in for an employee on leave and therefore was really cost neutral. Public Works Director Phil Williams explained the employee has paid leave. The intent is for the employee to work up to 30 hours a week after 4 months leave. The funds will be used to backfill during the employee's absence and while she is part-time so there is a net increase in cost. MOTION CARRIED UNANIMOUSLY.. 10. STUDY ITEMS REVIEW OF EDMONDS' POLICIES AND PROCEDURES RELATED TO SOLICITORS Council President Mesaros referred to an email the Council received regarding a break-in where the individual felt they had done everything possible to protect their house while out of town but a person left a door hanger on their door which indicated they were not home. He forwarded the email to City Attorney Jeff Taraday initially and mentioned it to City Clerk Scott Passey who said the City has an ordinance regarding solicitation. Mr. Passey reviewed: • ECC Chapter 4.12 — Peddlers, Solicitors and Street Vendors o License required o Solicitor's license o "Individual" license o Information required on application form: Name, address, & telephone number(s) of principal applicant, nature of business, same information on all persons contemplating solicitation, including any criminal convictions o The city clerk shall refer the application to the chief of police, who shall make a criminal history background investigation of the applicant. Upon completion, the chief of police shall forward the results of the investigation to the city clerk - ECC 4.12.040(c) o The clerk shall approve or deny the application(s) based upon the results of the criminal history background investigation o Restrictions on soliciting - ECC 4.12.065 ■ Limited to 9 a.m. to 8 p.m. ■ Prohibited from soliciting to homes with no soliciting/peddling signs • ECC 4.12.070 Carrying of license required. o Such license shall be carried at all times by each solicitor, peddler or street vendor for whom issued, when soliciting, canvassing or street vending in the city of Edmonds, and shall be exhibited by any such solicitor, peddler or street vendor whenever and wherever he or she shall be requested to do so by any police officer or any person solicited. [Ord. 3902 § 1 (Att. A), 2012; Ord. 2536 § 1, 1985; Ord. 830 § 7, 1960]. Mr. Passey advised the City currently has six solicitor licenses ranging from tree service, pavers, a religious entity, insurance, and security products. With regard to enforcement and crime prevention, Police Chief Al Compaan said the Police Department receives calls from residents concerned about someone coming door selling something or asking for money. An officer respond and contacts the individual if possible and asks to see their license to determine if they are compliant with the ordinance. Exceptions to the ordinance include non -profits and religious organizations. The Police Department is also occasionally contacted regarding people leaving door hangers Edmonds City Council Approved Minutes June 20, 2017 Page 15 on the front door of a residence which is legal. It is not legal to leave material that could be blown about as it becomes a littering issue. In the email Council President Mesaros cited, the resident was concerned a door hanger left and remained on the door for an extended period of time, becoming a red flag that they were not at home. The same thing often occurs with mail and newspapers. The Police Department suggest residents let their neighbors know they will be out of town and ask that they watch for packages, newspapers door hangers, etc. so it does not become a red flag. If a resident has a question about the legitimacy of someone coming to their door asking for money or sell something, they are welcome to call and an officer will make contact with individuals. Council President Mesaros asked if a solicitor's license has to be renewed. Mr. Passey advised it is an annual license that is renewed at the beginning of the year. Council President Mesaros asked how many complaints the Police Department receives annually regarding solicitors. Chief Compaan answered anecdotally not a lot and he anticipated more solicitation occurred than the Police Department knew about as the Police Department responds primarily on a complaint basis. He recalled in the past people selling meat and speakers at low prices were contacted and cited. Typically, the first contact is educational and a citation is issued for repeat violations. Council President Mesaros commented having this on the agenda was to educate the Council as well as citizens. He asked the penalties for citation. Chief Compaan answered it was a misdemeanor processed through the municipal court; it is a minor crime and the penalty is up to the judge. Councilmember Fraley-Monillas said neighborhoods near Highway 99 get a lot people coming to their doors for a variety of reasons. She recalled two solicitors at her door wearing what appeared to be licenses, but when she refused to purchase magazines, they asked her for money. After telling them she did not give money to people coming to her door, they left. In retrospect, she probably should have contacted the Police Department. Chief Compaan said magazines are one of the more common schemes. Some are legitimate and may have a license from Lynnwood or Shoreline, not realizing they are in Edmonds. Others ignore the City's soliciting ordinances. Councilmember Fraley-Monillas said there are also people casing houses to see if anyone is home. Chief Compaan said if a resident has a question, he preferred they call 911 and have an officer come out versus finding out later that a burglary was occurring across the street. Councilmember Teitzel recalled 2'/z years ago he knocked on thousands of doors in Edmonds, soliciting support for his campaign. He could have been someone pretending to be candidate while casing a house. He suggested consideration be given to controls for candidates for public office. Chief Compaan anticipated there would be First Amendment issues and the ordinance includes an exception for candidate door hangers. He recommended treading carefully with regard to restriction on people running for public office. Councilmember Teitzel suggested a registration process whereby a candidate could be registered and provided a form to show the homeowner the person is who they say they are. He did not see that restricting First Amendment rights. Mr. Taraday concurred with Chief Compaan that there were First Amendment implications as supporters of a candidate have the same First Amendment right to door knock as a candidate, making it difficult to distinguish between someone legitimate seeking political support and someone who was not. Councilmember Tibbott asked if there was an exception in the ordinance for political activities. Chief Compaan advised it is in the handbill section. A solicitor is defied in the ordinance as someone selling or offering something for sale. A candidate for office is not selling anything other than their word. Mr. Taraday said political activity is beyond the scope of solicitation. 11. COUNCIL COMMITTEE REPORTS Edmonds City Council Approved Minutes June 20, 2017 Page 16 1. COUNCIL COMMITTEE REPORTS Finance Committee Councilmember Teitzel reported the committee reviewed: • March 2017 Quarterly Financial Report — approved on Consent Agenda o Long Range Financial Planning committee is considering whether the target of 16% in the reserve fund is appropriate as no one is certain how that amount was determined o Investment earnings are up compared to 2016 o MSRC Financial Reserve Policy as it relates to Edmonds o Committee plans to develop a draft budget policy • Traffic impact fees — approved on Consent Agenda :Parks. Planning & Public Works Committee Councilmember Tibbott reported the committee reviewed: • Noise ordinance — considered tonight by full Council • Traffic impact fees — approved on Consent Agenda • Contract with HWA for testing on the fishing pier — approved on Consent Agenda Public Safety & Personnel Committee Councilmember Nelson reported the committee reviewed: • Temporary Administrative Assistant in Public Works — approved on tonight's agenda. 12. MAYOR'S COMMENTS Mayor Earling reported this weekend's Arts Festival was very well attended, there were a lot of sales and everyone had a good time. The festival also highlighted the new bandshell. He reported Carrie Hite, Rob Chave and he will be at the AWC meeting on Thursday, Mr. Chave speaking on Western Washington University's sustainability program and he and Ms. Hite speaking on the acquisition and planning for Civic Field. 13. COUNCIL COMMENTS Councilmember Teitzel reported he had a wonderful time with his wife and daughter at the Arts Festival as well as the summer market. Both were well attended and festive. He commented the decision to withdraw from the Paris climate accord has created concern locally; the Council and Mayor's Climate Protection Committee have been asked to take action. The Mayor signed the National Mayors Climate Agenda on June 6 in support of protecting the climate. He and Councilmember Buckshnis are working on a similar resolution for consideration at the next Council meeting to echo the National Mayors Climate Agenda, expressing support for the goals of the Paris accord and plans to meet and improve on them locally. Council President Mesaros reported the summer market and the Arts Festival were a lot of fun; he saw more people he knew from Seattle than Edmonds. He thanked Mr. Passey and Chief Compaan for their report on solicitation. Councilmember Tibbott hoped all the fathers had a great Father's Day weekend. He attended his son's graduation, reminding him of the great school district in Edmonds and the dedication of the teachers and administration. He also went to the Arts Festival. Councilmember Johnson said she learned something valuable tonight; if a resident wants to avoid having people knocking on their door asking for money, they should put up a sign that saying no solicitors or peddlers. Edmonds City Council Approved Minutes June 20, 2017 Page 17 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 16. ADJOURN With no further business, the Council meeting was adjourned at 9:43 p.m. Jr DAVID O. EARLING, MAYOR TT PASSE4CIT1YRK Edmonds City Council Approved Minutes June 20, 2017 Page 18