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20170718 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES July 18, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Frances Chapin, Arts & Culture Program Mgr. Rob English, City Engineer Mike DeLilla, Senior Utilities Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk 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 5th Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS PROCLAMATION IN HONOR OF THE 95TH ANNIVERSARY OF THE FLORETUM CLUB Mayor Earling read a proclamation proclaiming July 16 — 22, 2017 as Edmonds Floretum Garden Club Week in Edmonds and urging all citizens to recognize and applaud their invaluable service. He presented the proclamation to Past President Sally Wassal & current President Tia Scarce. Ms. Scarce said she joined the Floretum Garden Club after moving to Edmonds three years ago due to their part in the way Edmonds looks, particularly in the summer which draws visitors. The proclamation acknowledges the Club's close working relationship with the City as well as their 95' anniversary. Ms. Wassal thanked Councilmember Buckshnis and Executive Assistant Carolyne LaFave for their efforts related to the proclamation. She commented on her enjoyment of gardening and vegetables she grows along with the flowers in her yard on Edmonds City Council Approved Minutes July 18, 2017 Page 1 Sunset Avenue. She invited people walking on Sunset to stop and chat in her garden. The Floretum Club's 95 years is a milestone; the Club contributes to the City and is happy to be a part of the City. 2. CEMETERY BOARD'S "WALK BACK IN TIME" AT THE EDMONDS CEMETERY Cemetery Board Member Whitney Massae, on behalf of the Cemetery Board, Chair Jerry Janacek, and Vice Chair Melissa Johnson, invited the Council, family, friends and neighbors to the annual cemetery tour/open house, "Walk Back in Time" led by Cemetery Board members and volunteers. This year's Walk Back in Time will visit burial sites of Spanish-American War veterans; records indicate eight Spanish-American War veterans are buried in the cemetery. Tour guides dressed in period authentic costumes will pretend to be Spanish-American War veterans, their family members and friends. Every site has a story, but some stories have no sites. For example, Robert Burl Bonney, a peacetime Medal of Honor recipient, was a veteran of the Spanish-American War, the Mexican Campaign, WWI and WWII and a south Snohomish County resident since 1930 until his death in 1967. Except for a photo at the Snohomish County courthouse, there is no site marker in Snohomish County noting he was a local resident; perhaps this can be rectified when the monument is moved from the museum to the Edmonds Memorial Cemetery. The tour is Thursday, July 20, 2017 at 1 p.m. at the Edmonds Memorial Cemetery and Columbarium located at 15th Street SW & 100" Avenue West. The tour takes place rain or shine and takes approximately one hour. Refreshments are provided and the public is invited to attend the Cemetery Board's July meeting following the tour. Cemetery Board Member Larry Vogel was honored to have worked with the Cemetery Board on the Walk Back in Time for the past several years and depicting departed citizens from an historic era. Last year the Walk Back in Time visited graves of Civil War veterans; this year he will depict George Bolduc, a Spanish- American War veteran and shingle weaver in a local mill, who died from a tropical disease he caught when serving in the Philippines. He encouraged the public to come to Walk Back in Time. 3. STUDENTS SAVING SALMON 2017 REPORT Erin Francisco introduced Edmonds-Woodway High School Students Saving Salmon members Ava Wilson, Emily McLaughlin Sta. Maria, Sabrina Liu, Jared Yu, Rondi Nordal, Joe Cooper, and Taylor Blevins who were present to describe what they have done over the past year including continuation of monthly Edmonds Dream Team monitoring program as well as the Shell Creek Stewardship Project. The presentation will include highlights of their work; more details are available in the report in the Council packet. The reason members participate in the activities is to work toward the goal of reestablishing salmon runs vital to the environment. Eva Wilson described the monitoring project, explaining on a monthly basis students monitor water quality and habitat conditions at several sites on Shell Creek, Willow Creek, Shellabarger Creek and the Edmonds Marsh, a total of 17 monitoring sites in and around downtown Edmonds. The two instruments used to measure water quality at each site, the YSI ProPlus and the YSI Pro DSS, measure the most important water parameters including water temperature, pH, connectivity, dissolved oxygen, salinity, etc. They record measurements and data on habitat conditions on a data sheet and turn them into an online database, an efficient way to maintain and evaluate patterns in water quality. Along with these instruments, they also collect water samples seasonally to be analyzed for heavy metals and compounds at an accredited lab in Everett and fecal coliform at the Edmonds Wastewater Treatment Plant. They also monitor aquatic organisms to determine water quality. The measurements determine the quality of water in the local water bodies to ensure that salmon are exposed to only healthy conditions and to determine if measurements are not meeting the State's water quality standards or can be harmful to fish in any way and if so, notify those who have the power to fix it. Edmonds City Council Approved Minutes July 18, 2017 Page 2 Emily McLaughlin Sta. Maria described the water quality in the creeks using a series of graphs detailing measurements for the creeks taken monthly from August 2015 to June 2017. The results show a safe environment within State mandated water quality requirements. She displayed graph of water temperatures in Willow, Shell and Shellabarger Creeks that indicates water temperatures in the low 60s, the State maximum is 63.5 degrees; the highest temperature recorded was 62 degrees in lower Shell Creek in September 2016. She displayed a graph of pH measurements in all creeks, pointing out dips in the graph such as in December 2015 illustrating significant rainfall. State criteria require a range of 6.5 to 8.5 pH for salmon; their results fall within these measurements, with the lowest recorded measurement of 6.54 in December 2015 in Shell Creek, the highest 8.26 in 2015 in Shell Creek. She displayed a graph of dissolved oxygen in all creeks illustrating levels above 8 milligrams/liter which follows State regulations. The lowest recorded measurement was 8.7 in June 2016 in Shellabarger Creek and October 2016 in Hinley Creek. The levels in lower Shell Creek which has spawning salmon were above 11 mg/L in the winter; the dissolved oxygen level in lower Shell Creek is optimal for salmon eggs to grow and hatch. Overall the results illustrate safe conditions for the survival of salmon. Sabrina Liu displayed a graph of water temperature from August 2015 to June 2017 in the Edmonds Marsh, that illustrates water quality has remained relatively standard in the Edmonds Marsh. For the past two years, water temperatures are within State standard, below 63.5 degrees F. However, data shows incoming water in the marsh averaged 10 degrees colder than outgoing waters in summer 2016. Outgoing water was recorded at 73.15 degrees in June 2016, indicating water in the marsh heated from summer sunshine as illustrated by the spike on the graph. Such high temperatures are dangerous to salmon and would cause stress and possible mortality to salmon in the marsh. Increased large vegetation such as trees may help address this problem. Their data also confirms the marsh contains only freshwater in the late fall and winter months due to the tide gate that prevents saltwater from entering. Accredited research has shown that saltwater and freshwater interfaces are one of the most productive ecosystems. If the tide gate were secured open throughout the entire year, the marsh would function better ecologically. Ms. Liu displayed a graph of dissolved oxygen in the Edmonds Marsh and relayed Washington State water quality standards require 8 mg/L of dissolved oxygen for salmon spawning, rearing and migration and 6.5 for rearing and migration only. Incoming and outgoing water in the main body of the marsh was generally above the minimum standards from August 2015 through June 2017. However, similar to last year's presentation, the edge of the marsh, shown in yellow and blue on the graph, are anaerobic except during periods of heavy rain. She pointed out March, September and December 2016 as times of low oxygen. This concerning as aquatic organism cannot survive in an oxygen depleted environment. Improved waterflow around the edge of the marsh may help this problem. There are no apparent flow problems in Highway 104 between the marshes but the Shellabarger flow does not appear to permeate the northern edge of the marsh in areas of the eastern edge. Also, pH levels in the body of the Edmonds Marsh have remained relatively constant within the State standard of 6.5 to 8.5 for the past two years, with the northern edge slightly more acidic during some months. Jared Yu explained data was collected on petroleum compounds polycyclic aromatic hydrocarbons (PAHs)_and dissolved metals which were measured quarterly since 2016 and analyzed by an accredited lab. PAHs are highly toxic, methanogenic and carcinogenic to microorganisms as well as higher systems including humans which could cause cancer. He displayed a slide of five PAHs found to exceed human health criteria, Benzo(a)Anthracene, Benzo(a)Pyrene, Benzo(b)Fluoranthene, Benzo(k)Fluoranthene, and Indeno(1,2,3-cd) Pyrene. He displayed a chart of the standards for 18 PAHs, explaining 22 samples were tested for the 18 PAHs, 10 of which have a designated Washington water quality standard. Of the samples, 16 had at least one cPAH that exceeded the Washington standard; Benzo(a)Pyrene occurred above standard in all 16 samples, exceeding 200% in some instances. They plan to continue collecting date for these pollutants as it is an area of concern that needs more special attention. He displayed a graph of the five cPAHs, illustrating Benzo(a)Pyrene in the samples. The data shows most exceedances above the human Edmonds City Council Approved Minutes July 18, 2017 Page 3 health criteria occur the north edge of the marsh along Harbor Square. The fall 2016 samples were the most polluted as expected since many of the samples were taken during the rainy season. All four of the north edge marsh samples along Harbor Square had CPAHs that exceeded the Washington standard whereas only two of the four samples collected at the same time from the east side of the marsh at the storm drain had cPAHs that exceeded the standard, illustrating that the Harbor Square edge is more polluted than the edge of Highway 104. Rondi Nordal displayed a graph of fecal coliform, explaining fecal coliform is a type of bacteria commonly found in the gut of warm-blooded animals; some types of fecal coliform are known to cause illness in humans. Although the bacteria does not directly affect fish, it can indicate the presence of pollutants that can harm fish. The graph illustrates most samples had low fecal coliform levels below the State standard of 100 colonies per 100 milliliters. However, several samples particularly May 9 and May 16 had extraordinary high levels. They were not able to identify the source or cause but will continue to look into it as it could potentially pose an issue to human and fish health. One area they are considering is heavy rainfall events which can wash fecal matter into streams. Joe Cooper displayed several photographs of the Shell Creek Salmon Stewardship program, explaining the program which began in fall 2016 works with property owners along lower Shell Creek to enhance the existing salmon population. They conducted a survey of 28 of the 38 residences along lower Shell Creek, the area north of 7"' & Glen, to gather information about current salmon populations. Following the survey, they made arrangements with several interested property owners to conduct stream -side restoration projects on their properties. Over spring break this year, the students planted 320 native shrubs, provided via a grant from Sound Salmon Solutions, at 4 residences along lower Shell Creek and plan to put in additional plants at Holy Rosary Church next fall. Because water quality monitoring shows high levels of water quality, they were able to get permission from Washington Department of Fish and Wildlife to release over 300 juvenile Coho salmon, raised at the Willow Creek Hatchery, into several locations on Shell Creek including Yost Park. Salmon are currently unable to reach the upper reaches of Shell Creek due to barriers, the most significant of which is a waterfall near 7th & Glen in a property owner's backyard. SSS is currently working with the property owner, the City and Trout Unlimited to find a solution to remove that barrier and allow salmon runs to reach the upper reaches of Shell Creek. Taylor Blevins reported the SSS Club plans to continue water quality monitoring of all previous sites as it provides essential information. This year, Willow, Shell and Shellabarger Creek all had good water quality suitable for salmon. The data also allowed the club to release juvenile Coho into Shell Creek earlier this year. Most of the marsh conforms to the necessary water quality standards to be a safe environment for salmon; however, the edges have low dissolved oxygen levels in most of the months monitored and in some months, had more acidic water and higher temperatures in the middle of the march in the summer months. Possible ways to address this is by increasing freshwater circulation and securing open the tide gate as well as increasing vegetation in the marsh. Ms. Blevins explained an area of concern is the current cacogenic pollutants found mainly in the marsh that exceed standards. They recommend further investigation by the City and the Port of Edmonds. It will also be important to continue sampling for data analysis to further analyze this problem. They also believe it is important to continue sampling for fecal coliform analysis to better understand whey and why the spikes in bacterial counts occur. If necessary, bacterial DNA testing could be used to determine the source of bacteria. The club also plans to continue the Shell Creek Stewardship project; they plan to release more juvenile Coho in Shell Creek next year and are currently investigating ways to remove barriers. The club is grateful for the support it has received from the City and requests continued support of the program to continue their work. Edmonds City Council Approved Minutes July 18, 2017 Page 4 Mr. Cooper thanked everyone who has helped the SSS Club be so successful and hoped they could rely on continued support from the City and community in the future. Councilmember Nelson referred to pollutants that exceed State levels and asked what they are and where they come from. Mr. Yu said the primary source is petroleum compounds. When water samples were tested at a lab, only five pollutants were above the human health criteria. They plan to continue looking into that because it if continues, it may lead to further issues. Councilmember Nelson asked what the pollutants are, whether they were gasoline, motor oil, etc. Joe Scordino, SSS Project Leader, answered they are petroleum derived compounds and the combustion thereof, gas diesel, bunker oil, all have PAHs. The source is unknown, it could be stormwater runoff. They are measuring only the water but the PAHs are hydrophobic so they adhere to sediment and there may be higher levels in the sediment. They have conferred with Public Works Director Phil Williams and hope to work on next steps. With regard to higher temperatures in the marsh, 73.5 degrees, Councilmember Nelson, recalled one solution to lowering the temperature was increasing vegetation. He asked if that was to provide shade or did vegetation provide other benefits. Ms. Liu answered it is primarily shade, but vegetation also provides a vital part of the ecosystem; more trees result in more nutrients passed throughout the carbon cycle. With more nutrients, fish can regulate their bodies better. Acceptable temperatures vary depending on whether it is habitat for rearing, spawning or migrating salmon. The marsh is primarily rearing and migration so the temperature can be slightly higher. Council President Mesaros asked if the pollution in the sediment could be historical from times when there were mills on the waterfront and a bunker oil terminal on the south side of marsh. Mr. Scordino answered potentially and some of it is from stormwater on Highway 104. Further analysis of the sediment is necessary. Council President Mesaros asked the cause of fluctuation in pH and oxygen levels in the marsh. Ms. Liu responded pH levels rise depending on vegetation; decaying vegetation increases the acidity of soil which runs off into the water. Not enough of that occurs in the marsh to change the pH; only one area at the northern edge was slightly more acidic during some months. Council President Mesaros encouraged the club to make a presentation to the Port of Edmonds Commission. Councilmember Teitzel referred to a statement in the executive summary about planting juvenile coho salmon in the upper reaches of Shell Creek that would benefit the lower reaches of Shell Creek and the 5 - foot impassable waterfall. He asked if the planted salmon would eventually wash over the waterfall and return to the sea. Mr. Cooper explained when the coho were planted, the hope was they would stay in the upper reaches of the creek while they were juveniles as there is a great deal of unutilized habitat that salmon have been unable to reach in the past. Once they migrate out to sea, they will not be able to reach the upper area and will spawn in the lower section of the creek. Councilmember Teitzel asked if the plan was to put a fish ladder in the waterfall. Mr. Cooper said they are considering building up to the waterfall, not taking the waterfall out. Councilmember Fraley-Monillas referred to comments about the pH levels in the north end of marsh being the worst part of the marsh. She asked if that was due to runoff. Ms. Liu said the north side is primarily stagnant with less water movement than other areas which results in less dissolved oxygen and nothing can survive there including salmon. Councilmember Fraley-Monillas asked if opening the floodgate would assist with water movement. Ms. Liu believed so and it would also even out saltwater/freshwater and create a better ecological interface. Keeping the tide gate open provides a more fluid transition for salmon. Councilmember Buckshnis offered to schedule a SSS presentation for WRIA 8. She requested the PowerPoint be provided to Councilmembers. She found the SSS Club's work very inspiring and the trend data is very helpful and she will continue to support their efforts. Edmonds City Council Approved Minutes July 18, 2017 Page 5 Councilmember Johnson thanked the students for their presentation as well as the adults in the audience who assist the SSS Club. She recognized the students who gave up their spring break to plant trees and work with the residents. As a result of the presentation, she recognized the need to look closer at the managing the floodgate for the sake of sake of salmon. Mr. Scordino thanked the Council for allowing the students to make the presentation and for the Council's past support. A majority of the students making the presentation have graduated but over a dozen sophomores are joining the club and will continue the monitoring. Cynthia Pruitt, Co -Chair, Mayor's Climate Protection Committee, relayed the committee is very impressed with the SSS project. The committee helps increase awareness of how everyone contributes to heat trapping gases and ways to reduce those gases. Climate change may affect freshwater temperatures and sea level rise. Changes to freshwater and the marine environment are significant to salmon; understanding how salmon navigate and variants to their success help understand climate change and how to better mitigate it. The committee has a program where they interview people having success in reducing heat trapping gases. The committee was very impressed with the SSS Club and presented the students with Sustainability Hero Awards. 5. AUDIENCE COMMENTS Roger Hertrich, Edmonds, commented he was at home watching the Students Saving Salmon's presentation and found it the most interesting, informative and easy to understand scientific presentation. He referred to the noise ordinance on the agenda, recalling a presentation he made to the hearing examiner regarding a project to rebuild a sewer line or other public utility and conditions the hearing examiner placed on the project because it would be conducted in a neighborhood. He expressed concern with staff having the ability to create their own exemptions for projects in a neighborhood without citizens having the ability to participate in the decision or conditions on the project. He urged the Council to consider how to protect the neighborhoods. 6. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Fraley-Monillas requested Item 7, Proposed Noise Ordinance, be removed from the Consent Agenda. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 11, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 11, 2017 3. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM THOMAS J. GOEBEL ($292.28), AND LOEWYN YOUNG ($86.99) 4. MAY MONTHLY FINANCIAL REPORT 5. AUTHORIZE THE MAYOR TO SIGN UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AT 7521 212TH ST. SW AND 7525 212TH ST. SW FOR THE 76TH AVE. W @ 212TH ST. SW INTERSECTION IMPROVEMENTS PROJECT 6. CUSTODIAL SERVICES INTERLOCAL AGREEMENT WITH TOWN OF WOODWAY Edmonds City Council Approved Minutes July 18, 2017 Page 6 7. ITEMS REMOVED FROM CONSENT 1. PROPOSED NOISE ORDINANCE Councilmember Fraley-Monillas advised she pulled this to vote no. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE ITEM 6.1, PROPOSED NOISE ORDINANCE. Councilmember Johnson asked staff to explain how decisions will be made that could affect neighborhoods and who would be responsible for making those decisions. Public Works Director Phil Williams explained staff will consider the criteria included in the ordinance, balance those as best as possible, make a recommendation to Mayor and the Mayor will make the final decision whether to issue an exemption to the noise ordinance. The change to the noise ordinance would allow an exemption to the noise ordinance for a City -sponsored project if, in consideration of the criteria, it is in the public interest. One of the criteria is the location of the project; a location in a residential neighborhood will weigh heavily in the decision. With regard to the project Mr. Hertrich mentioned, Mr. Williams explained those were pump station projects located in neighborhoods which required heavy construction, most of it during the day but key connections and some work is better done at night when flows are lower. In that instance, staff worked with the hearing examiner, used the quietest equipment possible, explained the situation to the neighbors, etc. He did not recall a single complaint. He assured if the change to the noise ordinance did not work, the code could be changed again. He anticipated staff would be wise when requesting exemptions, pointing out staff prefers work not be done at night due to increased costs, difficulties working in dark, etc. He assured it would only be done when it was really necessary. Councilmember Johnson asked him to explain notification of the Council. Mr. Williams relayed at the request of the Parks, Planning and Public Works Committee, the ordinance was amended to require the Council be informed whenever an administrative exemption to the noise ordinance is approved and the Council provided a copy of the memorandum. The committee also requested a periodic report be provided to Council regarding the number of exemptions, the reason, etc. Councilmember Teitzel observed if there were a lot of complaints, the ordinance can be changed. He had confidence Mr. Williams and his team would use good judgment regarding when to request exemptions and he will support the motion. Councilmember Buckshnis said she was not convinced there was anything wrong with the existing ordinance other than the code is 30-35 years old. She agreed with Mr. Hertrich, relaying she has received numerous phone calls about giving staff carte blanche. Mr. Williams clarified Edmonds' capital program has changed. Based on Council decisions, more is being invested in infrastructure, requiring larger and more complex projects resulting in more need for night work than in the past. He agreed there was nothing wrong with the hearing examiner process; the hearing examiner uses very similar criteria. However, the time required for the hearing examiner process is problematic. The night that a key connection needs to be made on a project cannot be predicted months in advance; usually that is known 1-2 weeks in advance and the hearing examiner process does not work well in that circumstance. Staff has used all the exemptions allowed by the code in the current rolling 6 months period. A project is underway where key electrical and other dry utility connections need to be made outside daytime working hours and no further exemptions are available. Councilmember Fraley-Monillas joked there would be a lot of banging occurring in neighborhoods. Mr. Williams assured he was not saying that. Councilmember Fraley-Monillas asked if other cities allow liberal Edmonds City Council Approved Minutes July 18, 2017 Page 7 permission from the Mayor for nighttime work. Mr. Williams answered many cities have the ability to work on public projects outside daytime hours if it is in the public interest. Councilmember Fraley-Monillas asked if they required permission from the Mayor or City Manager. Mr. Williams was not certain how their exemptions were structured but he was confident it happened in other cities. Councilmember Nelson said he would not support the motion due to concern with removing the hearing examiner from the process and allowing all decision to be made by administration. He preferred a middle ground such as allowing more exemptions such as 4-6 during a 6 -month period. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT MESAROS AND COUNCILMEMBERS JOHNSON, TEITZEL AND TIBBOTT VOTING YES; AND COUNCILMEMBERS NELSON, FRALEY-MONILLAS AND BUCKSHNIS VOTING NO. 8. PUBLIC HEARINGS 1. PUBLIC HEARING ON THE 2017 COMPREHENSIVE WATER SYSTEM PLAN Tom Lindberg, Murray Smith reviewed: • Project Background o Last plan update completed in 2010 o New regulations allow update every 10 years 0 20 -year planning horizon o Guidance document for budgeting and scheduling CIP projects • Plan Elements o Chapters • Executive Summary • 1 - Introduction • 2 -Water System Description • 3 - Land Use and Population • 4 - Water Demands • 5 - Policies and Design Criteria • 6 -Water Source and Quality • 7 - Operations and Maintenance • 8 - Water System Analyses ■ 9 - Water System Improvements • 10 - Financial Plan o Appendices • A - Agreements • B - Water Facilities Inventory (WFI) Form ■ C - Water System Facility Data • D - Consistency Statement Checklist • E - SEPA Checklist ■ F - Water Use Efficiency Program • G - Water System Construction Standards ■ H - Cross Connection Control Program • I - Fire Code • J - Annual Water Quality Report • K - Coliform Monitoring Plan • L - Water Ordinances ■ M - Agency Review Comments Water Use Efficiency o Water usage gradually decreasing since 2003 Edmonds City Council Approved Minutes July 18, 2017 Page 8 o Per capita demand 104 gal/day in 2010 WSP o Per capita demand 95 gal/day in current WSP o Met goal of 1% reduction in annual per capita water usage o Distribution leakage remains below 10% • Water System Evaluation o Water supply capacity is sufficient Photo of Alderwood Supply Station @ Olympic View Drive o Water storage capacity is sufficient • Photo of Five Corners Reservoirs @ Bowdoin Way o Pump station capacity is sufficient ■ Photo of Five Corners pump station at Bowdoin Way o Old water mains are reaching end of service life o Some are undersized for fire flow • Photo of 2011 watermain replacement @ Dayton Street • Completed system improvements o Replaced 12 miles of older undersized water main o Replaced 11 pressure reducing stations o Five Corners Pump Station control upgrade o Alderwood Supply Station improvements o Seaview Reservoir and Yost Reservoir improvements • Planned system improvements o Mostly replacement of older undersized water mains —90% of 20 -year CIP o Pressure reducing station replacements o Five Corners Reservoirs seismic improvements and recoating o Emergency intertie improvements o Other miscellaneous improvements • Financial Plan o CIP is $3.1M per year average for next 10 years o Funding from cash reserves without new debt o Rates recently adopted for 2017-2019 o Future years based on projected rate adjustments • Current Water Rates Comparison Shoreline $ 90.10 Lake Forest Park $ 90.10 Woodinville WD $ 75.17 Seattle $ 74.75 Kirkland $ 66.24 Edmonds $ 56.46 Arlington $ 52.73 Everett $ 42.59 Redmond $ 42.83 Olympic View W&S District $ 39.82 Mountlake Terrace $ 38.40 Alderwood Water& Wastewater $ 37.96 Mukilteo W & S District Westside $ 39.02 L nnwood $ 37.48 Average $56.01 • Schedule and Next Steps o Planning Board 1" meeting —June 28, 2017 Edmonds City Council Approved Minutes July 18, 2017 Page 9 o Council Public Works Committee —July 11, 2017 o Planning Board Public Hearing — July 12, 2017 o Council meeting & Public Hearing — July 18, 2017 o Submit plan to DOH and adjacent water purveyors — July 19, 2017 o Council adoption — December 2017 Councilmember Nelson referred to the comment that the City has sufficient storage for 20 years and asked how much the existing reservoirs store. Mr. Lindberg answered the Five Corners site has 3 million gallon and 1.5 million gallon reservoirs and the below -grade Yost and Seaview reservoirs are each 1.5 million gallons. The plan looked at the City's current storage needs. Councilmember Nelson asked if that was a month's worth of water. Mr. Lindberg explained storage, 1) maintains pressures during normal operations, 2) equalizes storage during periods of higher demand and 3) provides water during emergency conditions. Councilmember Nelson asked how long the supply would last if water was cut off in an emergency. Mr. Lindberg answered during a complete cutoff of supply, the storage would provide approximately a day's worth of water based on average demand; that does not include any water coming from any other emergency interties. Alderwood supplies water to Edmonds, Lynnwood and other systems but the City also has a connection with Seattle, a separate regional water system as a backup. Councilmember Tibbott commented the City is now on a regular schedule of replacing I% of its watermains per year over the next 100 years. He asked approximately what year the watermain replacement program began. Senior Utilities Engineer Mike DeLilla relayed nothing was done until the early `70s but it was not to the scale of the current program. During 2006 to 2009, no replacements were done. Replacement was somewhat ad hoc in the past as there was no Water Comprehensive Plan. Councilmember Tibbott relayed it appeared somewhere around 2010 an annual watermain replacement program began and would be complete in 2110. Mr. Williams said likely in 100 years, the replacement program will start over, replacing the watermains installed in 2010. The City has an annual program with significant funding to address the most urgent watermains; it may need to be accelerated at some point. Councilmember Tibbott expressed support for the Comprehensive Water Plan and investing in the City's infrastructure, particularly for an important utility like water. Councilmember Buckshnis commented the City's agreements with Alderwood and Olympic View are older and asked if they needed to be updated. Mr. Williams advised 5 years ago, the City signed a 50 -year agreement with Seattle for the backup supply and the agreement with Alderwood Water is for 48 years. Staff works closely with the water district boards, Everett and the other users of the Everett system. Councilmember Buckshnis recalled the comment that leakage was less than 10%; she considered that quite high. Mr. Williams said the State's term is distribution system leakage (DSL) but it is not just leakage, it is any non -revenue water which includes leakage, water taken out of system unmetered, etc. Replacing the cast iron mains and leaded joints downtown will improve that figure. In addition, there may be a data issue with Alderwood's meters. He summarized usage is going down; the City bought 15 billion gallons from Alderwood in 2003 and 10 billion in 2016, a 33% reduction in consumption during a period when population has increased. Councilmember Teitzel relayed his understanding the water tanks were not up to the seismic code and there are plans to upgrade them. Mr. Williams answered further analysis indicates seismic deficiencies can be addressed via improvements, pipe changes and controls. Councilmember Teitzel asked what magnitude earthquake the tanks could withstand once those retrofits were done. Mr. Lindberg answered seismic upgrades are based on a code that does not correlate directly with large earthquakes. The codes requires cities to design for what has been seen in the past and more. The existing reservoirs sustained very minor damage in the Nisqually earthquake; the upgrades will make the tanks more robust. Edmonds City Council Approved Minutes July 18, 2017 Page 10 Councilmember Teitzel was glad to hear the City was using less water per capita but believed that could be improved. He has always been bothered by seeing a sprinkler system on during a rainstorm and asked if any cities' codes required rain sensors to ensure a sprinkler system did not operate while it was raining. Mr. Williams answered he was not aware of any codes that required a soil moisture monitoring system. Mr. Lindberg was not aware of any either but suspected policing of water usage would happen in the future. Mr. Williams said the police powers available to the City during an emergency situation are quite extensive. Councilmember Johnson inquired about the education and conservation aspects of Water Comprehensive Plan. Mr. Williams said that is addressed in the Water Use Efficiency Plan, Appendix F of the Water Comprehensive Plan. That has been successful in reducing consumption and those efforts are proposed to continue. Edmonds participates in Everett's program, which has been very successful, and added elements to it such as purchasing equipment to acoustically test every waterline to identify leaks. The City also distributes gadgets such as moisture sensors as well as provides the school district with educational materials. The plumbing code requires low flow devices. The trends seen in Edmonds are similar to other communities with regard to reduced consumption. Councilmember Johnson asked about input from the Planning Board public hearing. Mr. Lindberg answered few people attended and there was no input from the public. Mr. Williams advised there were good questions from Planning Board members. Mayor Earling opened the public participation portion of the public hearing. There was no public comment and Mayor Earling closed the public hearing. Note: Approval of the 2017 Comprehensive Water System Plan occurred at the end of the following item 2. PRESENTATION OF THE CITY OF EDMONDS' WATER USE EFFICIENCY PROGRAM FOR 2017 Public Works Director Phil Williams said the Water Use Efficient Program is required by a different State law and requires a separate decision by the Council; it is an appendix in the Comprehensive Water System Plan. Approval does not require a public hearing, only a public meeting. Following Council adoption of the Program, it is sent to the State for review and approval. Councilmember Nelson recalled this included a K-12 educational program. Mr. Williams answered the City provides materials for schools to use in their curriculum. Mayor Earling opened the public participation portion of the public hearing. There was no public comment and he closed the public hearing. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADOPT THE EDMONDS WATER EFFICIENCY PROGRAM FOR 2017. MOTION CARRIED UNANIMOUSLY. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS TO APPROVE THE 2017 COMPREHENSIVE WATER SYSTEM PLAN. MOTION CARRIED UNANIMOUSLY. 9. ACTION ITEMS SECOND QUARTER 2017 BUDGET AMENDMENT Finance Director Scott James reviewed: Edmonds City Council Approved Minutes July 18, 2017 Page 11 14 Decision Packages Total $281,880 0 9 are new items for Council to consider expenditures 0 5 have been previously discussed by Council o $136,070 in new revenues New amendments: o Annual software maintenance for the Government Access Channel programming o Additional consultant plan review of building permits due to increases in permitting activity and complexity of permits, partially funded by new permit revenues o Additional $1,000 in 2017 Diversity Commission staff budget to cover delayed invoice o Use of $6,000 in vendor fee receipts for 2017 Holiday Market professional services o Use of $1,500 sponsorship receipts for 2017 Puget Sound Bird Fest professional services o Transfer of funds from Non -departmental to Parks & Recreation for payout of retiring employee o Insurance reimbursement for traffic controller damaged in a vehicle accident o Preliminary design of a replacement retaining wall within right-of-way on 89" Place West - $16,400 o Stormwater educational programs for K-12 students and businesses as part of the City's Stormwater Permit compliance efforts Amendments previously discussed by Council: o Fund temporary Administrative Assistant position while employee on maternity leave - $16,500 o Corrections to Lodging Tax Fund line item for professional services - $4,500 o Additional expenditure for Frances Anderson Center Bandshell - $32,000 o Additional $71,000 spending authority for Veterans Plaza o Budget correction related to transfers from the Utility Operating Funds to the Bond Fund Exhibit D (change in fund balance) • Summary: o Revenues are increased by $136,070 o Expenditures are Increased by $281,880 o Ending Fund Balance is Decreased by $145,810 Councilmember Teitzel referred to the amendment for additional consultant plan review, recalling Mr. James stated it would be partially offset by new revenue but the amendment states it will be more than offset by increased revenue. Mr. James agreed. Councilmember Tibbott asked about the revenue sources for the $136,070. Mr. James answered it varies, permit revenues, ending fund balance, vendor fee receipts, sponsorships, etc. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE ORDINANCE NO. 4075, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4063 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. 2. GENERAL COMMERCIAL (CG) DEVELOPMENT REGULATIONS AND PLANNED ACTION FOR THE HIGHWAY 99 SUBAREA Development Services Director Shane Hope relayed the City Council last reviewed the Highway 99 Area zone and code changes at the June 20 public hearing. At that time discussion included, comparison with existing zone map & development code, review of proposed CG site & building design standards and Edmonds City Council Approved Minutes July 18, 2017 Page 12 specific questions & comments. The focus of tonight's meeting is review of the Draft Zone Map and Code and questions, comments and direction. No formal action is requested at this time. Ms. Hope reviewed: • Proposed Zoning Map o The proposal is to change CG2 zones and multifamily parcels in the area to the consolidated CG zone o Incorporate design standards that will increase vitality & ensure transition into neighborhoods o More predictable outcomes for community • Comprehensive Plan map o New zoning is consistent with the Comprehensive Plan map • Zoning Map and Development Regulations — Goals o Vitality and livability' o Sustainability o Consistent with subarea plan o Reasonable balance of requirements and options • Site development standards — General 16.60.020 o Pedestrian area - required adjacent to street • Composed of three zones: streetscape zone, pedestrian zone and activity zone ■ Comparison of pedestrian area requirements — Required in existing CG regulations? — no — Required in proposed CG regulations? — yes o Comparison of dimensional requirements 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 Photo of across -the -street transition illustrating separation provided by the street o A minimum 5 feet wide Type IV landscaping is required along all street frontages where parking lots abut the street o Access and vehicle parking • 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 sidewalk by a wall or plantings between 2 to 4 feet in height • 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. Requirements of this subsection do not apply to permitted auto sales uses • High parking requirements can impede development • Proposed regulations aimed to encourage transit -oriented development options — 0.75 parking spaces per residential unit less than 700 sq. ft. — 1.25 parking spaces per residential unit of 700-1100 sq. ft. — 1.75 parking spaces per residential units greater than 1100 sq. ft. • Guest parking: 1 space/per 20 units • Possible limitations/options on parking on first floor of building Edmonds City Council Approved Minutes July 18, 2017 Page 13 Existing CG Chapter Proposed CG Chapter Height 60-75' 75' ft max* Street setback 4' max 5'/10' Side/rear setback 0/15 0/15 Stepback No additional stepback required for upper stories Additional stepback required for upper I stories adjacent to single family 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 Photo of across -the -street transition illustrating separation provided by the street o A minimum 5 feet wide Type IV landscaping is required along all street frontages where parking lots abut the street o Access and vehicle parking • 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 sidewalk by a wall or plantings between 2 to 4 feet in height • 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. Requirements of this subsection do not apply to permitted auto sales uses • High parking requirements can impede development • Proposed regulations aimed to encourage transit -oriented development options — 0.75 parking spaces per residential unit less than 700 sq. ft. — 1.25 parking spaces per residential unit of 700-1100 sq. ft. — 1.75 parking spaces per residential units greater than 1100 sq. ft. • Guest parking: 1 space/per 20 units • Possible limitations/options on parking on first floor of building Edmonds City Council Approved Minutes July 18, 2017 Page 13 - Option A: Allow no vehicle parking within first 20 feet of a building where the building faces a primary street unless the parking is underground. (Ms. Hope preferred this option.) - Option B: Allow no more than 60% of the first floor of a building to include vehicle parking where the building is less than 50 feet from the primary street o Required Electric vehicle charging stations • One or more electric vehicle charging stations must be provided for all new development that includes housing • 1 station/10 required residential stalls plus planned capacity to double that amount in the future o Required bicycle storage spaces ■ Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities, shall be provided for residents • 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 o Paths within parking lots 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 o Pedestrian and transit access • 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. • 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 • 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. • 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 • An area equivalent to at least 5% of the building footprint shall be provided as amenity space. Edmonds City Council Approved Minutes July 18, 2017 Page 14 • 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. o Building Design and Massing - On the primary frontage, 50% of the building facade between 2 and 10 feet in height shall be comprised of windows or doors that are transparent - Photograph of concept illustration of possible redevelopment How do proposed regulations encourage sustainable development? o Examples: ■ Bicycle storage • Electric vehicle charging wider pedestrian areas • Not excessive vehicle parking (transit friendly) ■ Amenity space • Stormwater mgmt. • Compact development • Landscaping and street trees Proposed change to sign code o Revision to 20.65.045 - Limit freestanding signs (such as monument signs) to maximum height of 14 feet in this district - Require freestanding signs to be counted as part of total maximum sign area for this district Ms. Hope reviewed the Planned Action Code: • Preliminary Draft o Planned Actions are allowed under GMA and SEPA ■ Based on EIS that has analyzed impact of subarea plan or development regulations • Ensures environmental impacts have been considered in establishing plans and regulations • Streamlines SEPA review process for projects that have already been covered by EIS for a subarea • Proposed planned action code for Edmonds - Is based on Hwy 99 Subarea EIS - Sets limits on amount and type of projects to be covered by Planned Action - Requires all other applicable codes and standards to be applied o Planned Action Code - Is based on EIS process underway - Establishes mitigation measures - Applies to development in CG district, in addition to other codes and standards - Details to be completed next week o Planning Board • Had introduction in June ■ To hold public hearing July 26 & make recommendation to Council Ms. Hope reviewed next steps: • Tonight: Council consideration of proposed zoning map update and code items • Next review July 31 • Potential Action August 15 Councilmember Fraley-Monillas was excited about the future of the Hwy 99 corridor and was pleased to hear clarification about the space between a residential development and an existing neighborhood. It was her understanding there would be 5 feet for streetscape, 10 feet for a pedestrian zone and 25 feet for an activity zone. Ms. Hope clarified there is a 5 -foot streetscape zone, 5-10 feet for a pedestrian zone and 1.5 Edmonds City Council Approved Minutes July 18, 2017 Page 15 — 2 and up to 10 feet for an activity zone. Councilmember Fraley-Monillas asked about development across the street from a residential neighborhood. Ms. Hope answered there would be a 15 -foot setback, 10 feet of which has to be landscaped and if buildings are above 25 feet, each segment must have a 10 -foot stepback. Councilmember Fraley-Monillas referred to a single family residential across the street from development and asked the typical width of a street. Ms. Hope answered streets would typically be 60 feet plus the 10- 20 foot setback. The street in the photograph she displayed as an example is 30 feet; Highway 99 is 100 feet wide. Councilmember Fraley-Monillas commented this gives the opportunity for residents to not live in the shadow of a building. She asked if a 75 -foot high building would be 6 or 7 stories. Ms. Hope answered it would typically six. Councilmember Fraley-Monillas said she has researched 4-6 story buildings in the area and found the setback was important for single family neighborhoods. Councilmember Fraley-Monillas referred to the options for parking, agreeing that Option A would be more beneficial. Ms. Hope agreed, pointing out it addressed the appearance and avoids visible vehicle parking. Councilmember Fraley-Monillas commented regardless of the location of the parking, the primary frontage of the building would be glass. Ms. Hope agreed. Councilmember Tibbott asked if the windows on the primary frontage would be transparent windows. Ms. Hope answered they must be transparent. Councilmember Tibbott commented on the value of not having parking behind the transparent windows. He asked if it would be possible to have a storefront with parking behind. Ms. Hope answered yes. Councilmember Tibbott observed charging stations and bicycle storage are requirements not incentives. Ms. Hope agreed. Councilmember Johnson pointed out the reference to primary roads and suggested using the functional classification system such as principle arterial, collector street, etc. Ms. Hope said the terms used in the plan were more user friends and they were defined. Councilmember Johnson suggested it would be better to use the functional classification to be consistent with Transportation Element. Ms. Hope said the intent was to be descriptive. Councilmember Johnson asked how the alternative walkable parking designed works with a new dealership, recalling two dealerships have expanded in the past year. Ms. Hope answered the consultant was very cognizant that auto dealerships were an important source of revenue balanced with having the standards apply equally; there is a practical reason for having something different for vehicle sales facilities. Several areas in the code state, "other than as allowed for vehicle sales use." Councilmember Johnson asked if there were any incentives for energy efficiency such as LEED or Build Green buildings. Ms. Hope said there was interest in that for this area and throughout the City and staff has been working with regional partners on options for incentives but it was not ready to be included in this plan. Often the incentive is it saves money in the development long term or makes it a more attractive development for tenants. To promote LEED, the City would include that information in the building notice, etc. Providing a break in the permit fees is also something the Council could consider separately. Councilmember Teitzel observed the draft regulations require amenity space equally at least 5% of the building footprint but there is no requirement that that space be publicly accessible. Ms. Hope answered a developer wants areas that are private for the tenants; there is also a requirement for the first 10-20 feet in open pedestrian space. Councilmember Teitzel asked if a portion of the 5% of amenity space could be publicly accessible. Ms. Hope said that may have been necessary if there was not a requirement for public space in front of the building. Councilmember Buckshnis commented it was important to provide incentives for energy efficient and LEED such as a break on permit fees and/or fast -tracking the permitting process. To get buildings of future Edmonds City Council Approved Minutes July 18, 2017 Page 16 in Edmonds, the City needs to provide accolades and breaks for developers who are willing to do that. Ms. Hope said staff will bring that to Council in the next few months. Mayor Earling said there would be another opportunity for Council review prior to adoption. 3. RESOLUTION OF INTENT TO DESIGNATE HIGHWAY 99 SUBAREA AS A RESIDENTIAL TARGETED AREA Economic Development/Community Services Director Patrick Doherty advised the resolution establishes the Council's intent to designate the Highway 99 Subarea as Residential Targeted Area for implementation of the Multifamily Property Tax Exemption (MFTE) Program and set a public hearing on August 15. The Council has already implemented MFTE in Westgate following approval of the subarea plan. The purpose of MFTE is principally to encourage development that is planning for in areas that have not seen or may be lacking in development of that nature. Multifamily or mixed use development would be incentivized by this program. The extra benefit of MFTE is it provides for affordable housing at 20% of the units. The State allows two options, an 8 -year tax exemption for the residential portion with no affordable housing and a 12 -year exemption if the project provides 20% of the units affordable. The Council previously approved the 12 -year exemption with affordable housing for Westgate. If the resolution is approved by Council, at the August 15 public hearing, Mr. Doherty said he will present details of the program, adding this subarea and minor amendments to the code language. At that time, the Council could officially designate Highway 99 and approve the revised code language. He offered to provide the draft code language to committee prior to the August 15 public hearing. Mr. Doherty relayed the Economic Development Commission has indicated its desire to co-sponsor with City staff a redevelopment forum/event in fall that developers throughout the region would be invited to attend, present the new plan, expectations for the corridor, etc. MFTE would be one of the items highlighted at that event. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE RESOLUTION NO. 1390, A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, NOTIFYING THE PUBLIC OF ITS INTENT TO DESIGNATE THE HIGHWAY 99 SUBAREA AS A RESIDENTIAL TARGETED AREA FOR THE PURPOSE OF ESTABLISHING A MULTIFAMILY TAX EXEMPTION PROGRAM AND SETTING A PUBLIC HEARING ON AUGUST 15, 2017 AT 7:00 P.M. Council President Mesaros requested the revisions to the code language be reviewed by committee. Councilmember Fraley-Monillas inquired about the boundaries of the Highway 99 Subarea Mr. Doherty answered it is the entire Highway 99 corridor within Edmonds and properties adjacent to Highway 99 particularly to the west. The MFTE program would apply to all properties that allow residential and/or mixed use. MOTION CARRIED UNANIMOUSLY. 4. HISTORIC INFORMATIONAL PANELS FOR YOST PARK AND WATERFRONT MILLS COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REFER THIS TO THE PARKS, PLANNING AND PUBLIC WORKS COMMITTEE FOR REVIEW AND TAKEN UP AT A SUBSEQUENT CITY COUNCIL MEETING. Edmonds City Council Approved Minutes July 18, 2017 Page 17 Council President Mesaros recalled he and Councilmember Johnson discussed this before the meeting, whether items that come to the City Council from boards and commissions should first go to committee. He informed Councilmember Johnson he would support the motion but wanted the Council to have a full discussion in order to provide consistency regarding how items from boards and commissions are reviewed. Councilmember Teitzel strongly disagreed, recalling the Council approved the expenditure from Council contingency on the condition it be taken to the Planning Board. That condition has been met; the Planning Board reviewed the proposal and their comments have been integrated. This has gone through extreme vetting by the Arts Commission, the Historic Preservation Commission, the Planning Board and Ms. Chapin. Councilmember Fraley-Monillas recalled the concept came to Council for discussion but the specifics did not. She supported the motion to have it reviewed by the Parks, Planning & Public Works Committee. She suggested the City Attorney consider Council President Mesaros' suggestion. Council President Mesaros said it was his intent include the City Attorney in that discussion. Councilmember Buckshnis expressed support for the motion. She recalled the direction from the Council was for review by the Planning Board but the Council did not have committees at that time. Now that the Council does have committees, it is important to have issues reviewed by committee which should have been done with the energy resolution. Mayor Earling asked if the intent of the motion was not to have the presentation tonight and send it to the Parks, Planning & Public Works Committee. Councilmember Johnson said yes. Mayor Earling said his only objection to that was staff and a citizen have been waiting for the past two hours to make this presentation and it would have been preferable to notify these individuals before the meeting. Councilmember Fraley-Monillas suggested staff give the presentation, but Council not take a vote. Council President Mesaros said he was willing have the presentation to Council, the committee resolve any issues and if committee agreed, forward it to the Consent Agenda for approval. It was the consensus of the Council to have the presentation tonight. MOTION CARRIED (6-1), COUNCILMEMBER TEITZEL VOTING NO. Arts & Culture Program Manager Frances Chapin explained this presentation is the draft design and proposed sites for the two information panels proposed by the Historic Preservation Commission (HPC). She introduced HPC Member Larry Vogel who commented although the HPC's primary focus is preserving historic building and structures, an ancillary goal is to build an appreciation and awareness of the community's heritage. Ms. Chapin reviewed the proposed Waterfront and Yost Park informational panels • City Council funding approval — December 13, 2016 o Requested Planning Board review • Concept/design approvals by Historic Preservation Commission and Arts Commission — 2016- 2017 • Final review of design, dimensions and proposed sites by Arts Commission — Approval June 5, 2017 • Planning Board review — approval June 14, 2017 with two recommendations • Waterfront Informational Panel o Edmonds: The Early Years o Dimensions: 60" long x 18" wide, attached to angled bracket sign post o Proposed Site Location: Sunset walkway near Bell Street Edmonds City Council Approved Minutes July 18, 2017 Page 18 o Movable if necessary in future Yost Park Informational Panel o Old -Growth Stump o Dimensions: 30" long x 18" wide, attached toangled bracket sign post o Proposed site location: trail leading to bridgenear Main Street and Olympic Avenue City Council and Planning Board Comments/Recommendations o Sustainable product? ■ Material is weather resistant custom hig&-pressure laminate used elsewhere with good results and fabricator environmentally reVonsible company, Greenguard certified, Forest Stewardship Council certified, using recydbd and renewable resources. o Locations are flexible, waterfront panel couldlie relocated in future. o Information on each panel references the foci,of the other panel with regard to early logging industry. Original budget $9800 Final design and fabrication: approximately $70041 Once approved, 6-8 weeks to produce Mr. Vogel said he walked to the site on Sunset Avenue tonight; that location will be wonderful for passersby to see what the area looked like 100+ years ago. The pand!will celebrate the City's heritage, make people proud of where they live, and provide a sense of place androots. Councilmember Nelson asked if there any plans for future panels and potential locations. Mr. Vogel answered not to his knowledge but the HPC was open to it. Ms. Chapin said the Parks Department developed a committee last year consisting of Councilmanber Teitzel, an Arts Commissioner and others to discuss preliminary standards for considering future informational panels. The intent is not to create clutter but if ideas arise, other sites could be considered. `Three informational panels were mounted on the walls of the restroom when it was built. This item will be forwarded to Parks, Planning & Public Works Committee next week and final action taken the following week. 5. TREE BOARD APPOINTMENTS Development Services Director Shane Hope explained theTree Board is established in Chapter 10.95 and the code was amended earlier this year to clarify the appointment process and remove term limits. The Board membership is full but the appointments have not all been made in the manner required by code. Each Councilmember appoints a Tree Board member andthe entire Council confirms the members. Two Tree Board members were appointed via the code -required process (Frank Caruso and Gail Lovell, Alternate) but have not been confirmed by the full Council. The remaining members (Albert Marshall, Doug Peterson, Bill Phipps, Barbara Chase, Steve Hatzenicler and Vivian Olson) have not been officially appointed or confirmed. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, THAT THE CITY COUNCIL CONFI111VI THE APPOINTMENT OF FRANK CARUSO AND GAIL LOVELL TO THE TREE BOARD. MOTION CARRIED UNANIMOUSLY. Councilmembers made the following appointments: • Councilmember Buckshnis: Bill Phipps • Councilmember Nelson: Albert Manhall Councilmember Fraley-Monillas: Doug Peteson Councilmember Teitzel: Barbara Clsse Edmonds City Council Approved Minutes July 18, 2017 Page 19 um I • Council President Mesaros: Steve Hat: • Councilmember Tibbott: Vivian Ole. COUNCILMEMBER BUCKSHNIS MOVED, SI?' BY COUNCILMEMBER JOHNSON, TO CONFIRM THE ABOVE APPOINTMENTS. ■C'ARRIED UNANIMOUSLY. 10. COUNCIL COMMITTEE REPORTS 1. COUNCIL COMMITTEE REPORTS Public Safety & Personnel Committee Councilmember Nelson reported the committee considerdl • Interlocal Agreement with Woodway for custodiah. Revenue generated would be used for overtime to do "deeper dive" cleaning of City-o)xgng. Approved on Consent tonight • Cell phones for City Councilmembers and a polio Finance Committee Councilmember Teitzel reported the committee reviewed: June 27, 2017 • Resolution of Intent to Designate Hwy 99 Subareiidential Targeted Area • Preliminary stages of inventorying financial policii • April Financial Report • Early stages of assessing the financial benefik, current Edmonds-Sno-Isle Library arrangement July 11, 2017 • Second Quarter Budget Amendments • May Monthly Financial Report • Library Reserve Fund COUNCIL PRESIDENT MESAROS MOVED, SID BY COUNCILMEMBER TIBBOTT, TO EXTEND THE MEETING FOR 15 MINUTESIN CARRIED UNANIMOUSLY. Plannine. Parks and Public Works Cornmittee Councilmember Tibbott reported the committee considercki ■ 2017 Comprehensive Water System Plan • Water Use Efficiency Program • Utility easements for the 76"/212t" construction p* • Newspaper boxes in public rights-of-way • Traffic calming on Olympic View Drive • Implementation of the Climate Resolution — he,* each committee develop questions for staff 11. REPORTS ON OUTSIDE BOARD AND C.OMMI]JETINGS Councilmember Teitzel reported the Port of Edmonds' Bare strong, trending above 2016. Boat launch revenue is down due to cancellation of the salmon Mier this year. The salmon season opens July 19 in Area 9 which is expected to increase launch rete Port recently cleaned storm drains at Harbor Square and installed new filters which will impro*lity of stormwater into the marsh. The vacant gravel lot across Anthony's is undergoing shoreli*nd critical area review; the Port wants to get the approvals in place to make it easier to market f€pial future tenant. The goal is a marine - Edmonds City Council Approved Minutes July 18, 2017 Page 20 related tenant, possibly a yacht broker. The Lady Washington and the Hawaiian Chieftain tall ships will be at the Port August 18 — 21 for tours. Councilmember Teitzel reported the Historic Preservation Commission (HPC) will vote at their September 14 meeting whether to add the Campbell house (previously the Gerdon house) on 3rd & Casper to the historic register. If approved by the HPC, the next steps is City Council approval. The HPC's is reviewing the list of historic properties eligible for listing (properties over 50 years old), focusing on adding the highest priority properties to the list. The HPC is also working on the 2018 draft of the historic calendar. He reported the Disability Board meets tomorrow. Councilmember Buckshnis reported WRIA 8 meets tomorrow and the Puget Sound Partnership meets next week. She thanked Councilmember Teitzel for attending the Mayor's Climate Protection Committee meeting and for providing the initial draft of the Energy Resolution regarding the Paris Accord. She also thanked Councilmember Teitzel for the Bigfoot sighting in the 4'h of July parade, reporting the Climate Protection Committee and the Interfaith Climate Change Group are working on a community competition, Taming Bigfoot Edmonds, that will launch this fall. Councilmember Johnson reported she attended the AWC Conference in Vancouver, Washington where she received a toolbox for affordable housing that she will provide the Council next week. She was in the 4'h of July parade with the Taming Bigfoot entry, an effort of the Mayor's Climate Protection Committee and the Interfaith Climate Change Group. Last Saturday she attended, along with Councilmember Fraley-Monillas, the 401h anniversary of the Edmonds Underwater Dive Park. She thanked everyone who has made the dive park what it is today; it is an entirely volunteer effort. She recognized the late Dave Page who was involved in the dive park in the early years and was saddened by his passing. She recalling he often gave observations and advice during Council meetings and she will miss him. Council President Mesaros reported the PFD Board is in the midst of a strategic plan; the Council requested they return to the Council to discuss their financial strategy for the future when that plan is complete. The PFD and the ECA Boards met tonight to discuss the strategic plan. Council President Mesaros reported SNOCOM continues its discussions regarding a potential merger with SNOPAC. Chief Compaan and he plan to provide the Council an update by the end of August and he was hopeful all discussions would be complete by the end of September in preparation for consideration of a formal document. Council President Mesaros reported the Seashore Transportation Forum is considering changes to transportation as a result of ST2 and ST3. The forum is also discussing whether all participants should be voting members. The current voting members are Lake Forest Park, Seattle, Shoreline and King County; other non-voting participants include Woodinville, Bothell, Mountlake Terrace and Edmonds. Three forums were established by King County, in the north end, eastside and south end. Transportation issues expand beyond the artificial borders created by counties. Councilmember Tibbott reported the Alliance for Housing Affordability discussed establishing a seed fund in the amount of $500,000 for affordable housing projects. Edmonds' contribution would be approximately $4,000/year. He made a presentation to the Edmonds Housing Task Force apprising them of obstacles and opportunities related to affordable housing initiatives in Snohomish County. Councilmember Nelson reported the ongoing discussion at the Snohomish County Emergency Radio System (SERB) is replacing the aging emergency radio system via a partnership with Snohomish County. An RFP is being prepared to estimate the cost. He reported the Lodging Tax Advisory Committee reviewed its 2018 budget; revenues are plateauing and the budget will be the same as last year. Edmonds City Council Approved Minutes July 18, 2017 Page 21 Councilmember Fraley-Monillas reported Diversity Commission meetings focused on getting ready for the parade, a large group participated in the parade. She attended five meetings at the Health District. The District hired a new doctor, Mark Beatty. The District is reviewing the Gossett report regarding consolidation of the Health District into Snohomish County. Councilmember Fraley-Monillas reported she joined the Snohomish County Low Income Housing Group who is looking at ways of providing low income housing throughout Snohomish County. They have had a number of success and are involved with Catholic Community Services, Housing Hope and other low income housing groups. She attended Dow Constantine's Safe Energy Leadership Alliance which included discussion regarding the future of the alliance. She also attended a Snohomish County Transportation Coalition (SNOTRAC) meeting that is considering a coordinated transportation system for persons with special transportation needs. She attended the Hwy 99 hearing and the dive park celebration which was also attended by Senator Cantwell. The dive park is the largest park in the City and is manned entirely by volunteers. Routinely about 40 volunteers maintain the park and create areas for diving. The park costs the City almost nothing and thousands come to Edmonds to visit the dive park and then spend time and money in Edmonds. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING UNTIL 10:25 P.M. MOTION CARRIED UNANIMOUSLY. 12. MAYOR'S COMMENTS Mayor Earling reminded the speaker at the Snohomish County Cities dinner on Thursday at the Labor Temple in Everett is the CEO of Association of Washington Cities. He anticipated finalizing consultant selection in the next couple weeks for the waterfront access project and the Hwy 99 project. He referred to street resurfacing projects occurring in the City, the most noticeable the Puget and Olympic View Drive intersection where there is no way in or out. The project was forecast to take four days and was completed today, except for striping, after only two days. 13. COUNCIL COMMENTS Councilmember Fraley-Monillas reported Mukilteo's lawsuit regarding Paine Field failed to be heard by the Supreme Court. She was hopeful agreements could be reached on take -off and landing patterns. Mayor Earling clarified the State Supreme Court rejected the appeal by Mukilteo. Councilmember Nelson made the following statement: From what I'm reading in the media lately, there seems to be come confusion about what the Council's job is as a legislative body. I thought it would be helpful for the Council and the public to have a quick refresher. The courts have found that governmental bodies like ours are subject to common parliamentary law; the Edmonds Council uses Roberts Rules of Order, first published in 1876 by a U.S. Army General Henry Martyn Robert. The purpose of the rules is to "enable assemblies of any size with due regard for every member's opinion to arrive at the general will on the maximum number of questions of varying complexity in a minimum amount of time under all kinds of internal climate ranging from total harmony to impassioned division of opinion." These rules have brought order to millions of meetings. For example, in the Edmonds Council, if a Councilmember does not like something on the agenda or wants to add something, they can speak up and make a motion to remove or add an item. If it is listed as an action item, the Council can vote on it. If a Councilmember wants to add or change something, it is an amendment. The Council then discusses the amendment and votes. If the amendment passes, it becomes part of whatever was voted on and if doesn't, it fails. Every Councilmember has an opportunity to argue for or against, to try to persuade each other on the merits of their argument. If there is an item a Councilmember feels they are not ready to vote on, any Edmonds City Council Approved Minutes July 18, 2017 Page 22 Councilmember can ask for a vote for more time or to pull it off the agenda for another day. Councilmembers all have the same legislative toolbox. Once the Council votes, it is settled, it is the Council's decision and the Council stands behind it and the executive branch, the mayor and staff, implement it. However, lately some Councilmembers have taken upon themselves to publicly call into question this process and seek to influence public opinion when they are on the losing side of a vote. He recalled when some Councilmembers wrote a letter to the State Ecology Director after the Council voted, to state their disagreement and shared the letter with the local media. Ann Griffin McFarlane, an expert in parliamentary procedure and Roberts Rules of Order was invited to the Council to offer her assessment. She described the importance of Councilmembers respecting the majority opinion even if they disagreed with it and to "not try to prevent the decision from being carried out. There's a difference between informing and influencing and it seemed clear to me as a parliamentarian the letter that was sent was intended to influence the department so it would not accept the Council decision and that is improper." That night Councilmember Nelson recalled saying we all learned from this experience and did not think any of us would like to repeat it, but he was mistaken Recently after losing a 5-2 vote on a committee appointment, one Councilmember published a letter in two local news publications publicly questioning the motivation of the vote, "the majority has remained silent about the reasons for their vote. Unclear whether they continue to believe their votes were proper. This was unfair and was simply not appropriate." Another Councilmember then wrote in the commentary in the local media after losing in the passage of a resolution 5-1, questioning pretty much everything including lack of clarity, not hearing from citizens, did not come to the Council in the usual way, not having ample time to read the materials and posing questions moving forward such as what if any projects would be postponed, what reasonable timeframe to complete the goals, and "we can influence the way it is implemented." Councilmember Nelson said this is exactly the type of commentary Ms. McFarlane said was improper by "preventing a decision from being carried out." By these Councilmembers' actions, the Council's legislative process seems to be a mere annoyance. It does not matter that all the votes were done by the rules and procedures in place within the legal authority of the Council, done in public, with a quorum, all Councilmembers had an opportunity to discuss, debate, object, amend, withdraw and to vote for or against. Over 141 years, hundreds of thousands of organizations have been using Roberts Rules, yet it seems they no longer apply on the Council. Instead two Councilmembers decided to rally public opposition on matters the Council has already decided to ensure decisions fail to go anywhere. The Oxford dictionary defines obstruct as to block, be or get in the way, prevent or hinder. Councilmember Nelson assured he will not sit idly by as some Councilmembers try to block or hinder the decisions made by the Council. Councilmember Nelson questioned what would happen if on every Council decision, 1-2 Councilmembers seconded guessed the Council when they didn't get their way. What could the Council accomplish if a few colleagues choose to undermine the Council's work at every turn? He understood how important votes are; Councilmembers believe they are right and that the facts support them. He recalled being on the losing side of a vote, he was very frustrated after the Council voted to change the fire service. However, he did not take to the airways and openly criticize or question the Council's decision. He moved on because of his belief it was more important to spend energy on the things the Council can do together rather than pull the Council apart. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING UNTIL 10:35 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Tibbott reflected on Councilmember Nelson's comments and his editorial, explaining the intent of the editorial was not to criticize the process but to rally support for an ongoing dialogue with citizens regarding implementation. He was sorry his editorial was taken the way Councilmember Nelson indicated; his intent was to point out the opportunity for citizens to be involved in the implementation. Edmonds City Council Approved Minutes July 18, 2017 Page 23 Councilmember Tibbott reported during the 4" of July parade he rode in a police car. He encouraged Councilmembers do a ridealong with the police, finding it very educational and he intends to do it again. Council President Mesaros advised a photo opportunity of the Council is scheduled for July 31 at 6:00 p.m. Councilmember Johnson reminded of the "Walk Back in Time" at the Edmonds Cemetery at 1:00 p.m. on Thursday, July 20. Councilmember Buckshnis reported on the Edmonds in Bloom tour, finding it very inspirational. The Tree Board donated funds for booklets highlighting trees, heights, etc. Councilmember Teitzel complimented the Police Department for working with California authorities to apprehend the suspect in the double stabbing. On Sunday, he introduced the East-West International Project, at the Concert in the Park attended by about 350 people. Last Thursday and Friday he attended AWC training on municipal budgeting with Mr. James and Mr. Turley. He learned a great deal and recommended other Councilmembers attend. 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.11 00)(J) 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 10:30 p.m. L I C. 05�" - �__ t- - DAVID O. EA LING, MAYOR OTT PASSEY CI ERK Edmonds City Council Approved Minutes July 18, 2017 Page 24