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20180220 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 20, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Adrienne Fraley-Monillas, Councilmember* * participated by phone Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ALSO PRESENT Noal Leonetti, Student Representative CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Scott James, Finance Director Bertrand Hauss, Transportation Engineer Rob English, City Engineer Rosa Fruehling-Watson, City Attorney's Office 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 5t' 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; Councilmember Fraley-Monillas participated via phone. 3. 4. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMOVE ITEM 6.4, PRELIMINARY 2017 DECEMBER QUARTERLY FINANCIAL REPORT, FROM THE AGENDA. Councilmember Teitzel explained Finance plans to make a presentation regarding 2018 in March; this information will be included in that presentation. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. PRESENTATIONS 1. HEARING EXAMINER ANNUAL REPORT Edmonds City Council Approved Minutes February 20, 2018 Page 1 Phil Olbrechts, Hearing Examiner, said it had been 14 months since his last report; there have been 11 decisions since then, none of them hugely controversial. He provides hearing examiner services for 15 communities; Edmonds is the only that invites him to provide annual report and he appreciated the Council's interest. He reviewed the 11 decisions: • Madrona K-8 School Replacement (10/27/16): Two approved conditional use permits and design review to replace the existing Madrona K-8 School. One conditional use permit was required to authorize building area over 60,000 square feet for the proposed 80,000 square feet facility and the other conditional use was necessary to authorize building height in excess of 25 feet up to 35 feet. • Woodway Court II Subdivision (10/27/16): Approved five -lot preliminary plat. • Meadowdale Clubhouse (10/27/16): Approved variance to replace an existing play structure within a 25-foot street setback at the Meadowdale Clubhouse. • Innocent Purchaser Administrative Appeal (11/10/16): Administrative appeal sustained, reversing staff determination that Appellants did not have valid lot under City's "innocent purchaser" provision, ECDC 20.75.180(A). ECDC 20.75.180(A) is fairly unique to Edmonds and authorizes the City to recognize invalidly created lots if the owner of the lot reasonably believed the lot was valid when purchased. The appeal created a disagreement between Appellant and City because the purchasers reasonably believed they had purchased a valid lot, but the lot they understood they were purchasing was smaller than what they actually purchased. In the subject appeal the lot at issue was invalid because it was part of an approved three -lot preliminary plat that had expired prior to the recording of any final plat. The Appellants acquired title to the lot via a deed of trust foreclosure sale. The Appellants thought they were acquiring title to all three lots of the preliminary plat. In fact, the trustee deed only quit claimed the prior owner's interest in the preliminary plat property, which was only one of the three lots. The City took the position that the since Appellants believed they were getting all three lots when the bought the trustee deed that the Appellants had to believe they were purchasing only one of the three lots to later claim innocent purchaser status for that lot. However, the detailed ECDC 20.75.180(A) criteria didn't expressly require any such belief on the part of the Appellants and the City had to argue that such a belief must implied. The examiner found no legal basis to imply such a requirement. As required by the ECDC 20.75.180(A) standards, the Appellants reasonably believed that they were acquiring title to a valid lot because a trustee sold the lot to them and none of the factors evidencing bad faith or potential collusion in ECDC 20.75.180(A) were present. As intended by ECDC 20.75.180(A), the Appellants reasonably believed they had purchased a valid lot and for that reason the City would recognize it as a valid lot. The fact that the lot was a of a different size than what the Appellants understood it to be at the time of purchase is not relevant to the ECDC 20.75.180(A) criteria at the time it was written. • QFC Setback Variance (2/16/17): Variance approved by pro tem examiner to construct a canopy over an existing trash compactor within a setback. • Business License Appeal (3//30/17): Denial of business license upheld by pro tem examiner. Appellant appealed decision that proposed auto repair business was prohibited in the BN zone. Pro tem examiner determined that the proposed use is not allowed in the BN zone because it qualified as a "commercial garage." • Code Violation Appeal (10/13/17): Appellant contested the compliance deadlines set by the City to bring a patio structure at the Loft restaurant up to code. The Appellant didn't contest the violation, but rather wanted to generate additional funds from holiday business to fund the required corrective action. City staff had been working with the Appellant for almost four years to abate the violations. The last agreed upon compliance date had expired on August 22, 2017. The Appellant requested a new compliance date of January 2, 2018. City staff stated the patio structure was unsafe and no further extensions were warranted. The appeal was denied, and no further extensions were Edmonds City Council Approved Minutes February 20, 2018 Page 2 granted. Staff worked with the appellant to make the temporary structure make safe through the holidays and the applicant is obtaining a demolition permit to remove it. • Westgate Woods Townhomes Height Variance (11/8/17): Approved height variance and design review. Project involved two townhome buildings with five townhome units in each building. Maximum height was 30 feet and applicant requested a height increase of 3.46 feet for one building and 2.27 feet for the other. The buildings were essentially located in a hole and fill had to be added for code compliant driveway access and to facilitate utility connections. Since height is measured from undisturbed soil, the fill unreasonably limited the height of the building with no corresponding detriment to adjoining properties due to the low elevation of the building site. • Port of Edmonds Marine Retail Building (11/9/17): Approved shoreline substantial development permit and design review for 6,650 square foot marine retail building at 471 Admiral Way. • Jenkins Lane Preliminary Plat (11/9/17): Approved five lot preliminary plat. • Hyde Park Townhome Unit Lot Subdivision (1/2/18): Approved 12 lot unit subdivision. This was the City's first application of its unit lot subdivision ordinance to a preliminary plat. The Applicant acquired approval of the conversion of a 12-unit townhome project to a 12-lot subdivision. The project was already constructed and no physical alterations to the project were proposed or required. • Brackett's Corner Unit Lot Subdivision (2/12/18): Approved 14 lot unit subdivision. A project currently under construction involving 14 single-family detached dwelling units sharing one access tract was approved for conversion to a 14-unit lot subdivision. Councilmember Buckshnis thanked Mr. Olbrechts for submitting a written report. She referred to the approved shoreline substantial development permit and asked if he consider the Critical Areas Ordinance and Shoreline Master Program that address functionally isolated buffers. Mr. Olbrechts recalled it met the functional isolated buffer criteria and it was a completely developed, asphalted area. 2. UPDATE ON HIGHWAY 99 GATEWAY REVITALIZATION PROJECT Mr. Hauss explained the genesis of this project was the number of accidents on Hwy 99. In 2016 the City secured approximately $10 million from Connecting Washington; however, funding was originally not available until 2022. Subsequently, approximately $1 million was moved forward for use beginning in July 2017. An RFP was issued for a consultant and SCJ Alliance was selected. He reviewed: • Edmonds Hwy 99 Subarea Plan o Addressed future land use and transportation needs on and around the Highway 99 corridor o Identified key transportation improvements o Identified three districts • Gateway • International • Health Project Limits 0 244th St SW to 212th St SW — 2.5 miles o City Limits ■ Edmonds • Esperance (Snohomish County) ■ Mountlake Terrace • Lynnwood o Key Destination Points • Interurban Trail ■ Future Sound Transit Station o Similar to Shoreline Hwy 99 Project o Project Components Edmonds City Council Approved Minutes February 20, 2018 Page 3 ■ Capacity improvements ■ Access management ■ Non -motorized transportation improvements ■ Improved street lighting ■ Utility upgrades ■ Potentially convert overhead utilities to underground Lisa Reid, SCJ Alliance, reported the scope of work is a corridor -wide approach to the project and developing cost estimates to pursue additional funding. She reviewed. • Crash History 0 747 crashes over the last 3-year period including 25 bike/ped accidents ■ Equivalent to 8.61 crashes per million miles traveled ■ Crash rate on equivalent WSDOT facility is 2.27 crashes per million miles traveled ■ Crash rate is 3.8 times higher than equivalent WSDOT facility 0 40% resulted in injuries 0 60% at uncontrolled intersections o Table 1: Crash Severity Level (2014-2017) o Table 2: Type of Crash (2014-2017) o Table 3: Uncontrolled Intersection Crashes by Location (2014-2017) • Crash Diagrams 0 2441h & SR-104 0 236th 0 236`h to 232nd 0 232nd to 2281h 0 228" to 220 0 224th to 220th 0 220th 0 216th 0 212th • Access Management o Median Control o Protected Left Turns 0 Protected Dual Left -Turns ■ 2121h —NB & SB ■ 20th — NB & SB ■ 23 8th — NB o Driveway Revisions ■ Relocate to locations with median openings ■ Consolidate multiple driveways ■ Move further from intersections ■ Combine with adjacent parcels o Reduce speed limit • Cross Sections — Existing and potential o Existing ■ 84 feet curb to curb with overhead utilities behind sidewalks o Proposed sections ■ One left turn lane, slightly reduce width of driving lanes which slows traffic, and widen sidewalks, remains 84 feet curb to curb ■ Dual left turn lanes, requires adding 10 feet to curb to curb width — Requires purchase of 5 feet of right-of-way on each side of roadway, estimated at $15 million Edmonds City Council Approved Minutes February 20, 2018 Page 4 Urban Design Concepts o Corridor Gateway o Lighting and banners o District Gateways o Sidewalk details and wayfnding Related Projects o Edmonds/Lynnwood ■ 212t' Street SW Arterial Improvements • 216' Street SW Channelization Adjustments to Remove Split Phase Signal Timing o Snohomish County ■ None o Mountlake Terrace ■ 220tn Street SW —WB Right -turn Lane o WSDOT ■ Coordinate with SR 99 Paving Cycles o Community Transit + 216' Street SW —Strengthen Connections to Swedish Hospital ■ Feasibility Study —Swift Blue Line Extension to 185thStreet and to Link Station Outreach Plan o Process ■ Stakeholder Meetings ■ Public Meetings ■ Council/Committee Meetings o Scoped Meetings • Jan 16 — Stakeholder Meeting (adjacent jurisdictions, CT, WSDOT) • Jan 23 — Parks, Planning, and Public Works Committee Meeting ■ Jan 25 — WSDOT Meeting • Feb 20 — City Council Meeting ■ March 7 — Public Open House (At Swedish Hospital) ■ May 15 — City Council Meeting Schedule o Complete cost estimates to apply for HSIP grant in mid -April Councilmember Fraley-Monillas inquired about the number of pedestrian fatalities in the corridor during the last five years. She expressed concern with the lack of crosswalks or signals between 236" and 228t' and recalled seeing an elderly woman dodging cars as she crossed Highway 99 between 228" and 236' from the apartments on the east side to the bus shelter on the west. She asked if there were any plans to put a crosswalk or signal in that area, recognizing it was a state highway. Mr. Hauss said the Highway 99 Subarea Plan identified a project at Hwy 99 and 234', potentially adding a traffic signal. Installation of a traffic signal between 234' to 228' would require meeting the warrants. Consideration was also given to a pedestrian crossing such as a HAWK signal but there were not a lot of pedestrian generators to warrant such an installation. With regard to fatalities, SCJ's research found 25 pedestrian/bike accidents in the last three years but no fatalities. He offered to doublecheck that statistic. Councilmember Fraley-Monillas agreed with the installation of a signal at 234t' & Hwy 99 but recalled there had been a couple of fatalities. Ms. Reid said there were no fatalities reported by WSDOT in the three- year period. Councilmember Fraley-Monillas suggested the Edmonds Police Department may have that information. Council President Nelson thanked Ms. Reid for graphing the crashes on Highway 99, 747 in a 3-year period and the context, that 8.1 crashes per million miles traveled was 3.8 times higher than a similar facility. He Edmonds City Council Approved Minutes February 20, 2018 Page 5 asked if some of the recommendations were more likely to reduce injury accidents or just reduce accidents in general. Ms. Reid answered the best way to reduce injury accidents was to reduce the speed. For Councilmember Buckshnis, Ms. Reid referred to Table 1: Crash Severity Level, which illustrates there were no fatalities. Councilmember Buckshnis asked how much Shoreline spent on their into Highway 99 revitalization. Mr. Hauss answered it was slightly over $100 million for design, right-of-way and construction. Councilmember Buckshnis asked if the speed could be reduced to 40 and remain higher in other sections of Highway 99. Ms. Reid advised the speed limit in Shoreline is 40 and 45 in Lynnwood. Councilmember Buckshnis asked about HSIP. Mr. Hauss answered it is a federal program, Highway Safety Improvement Program. Councilmember Buckshnis suggested the number of accidents on Highway 99 should warrant federal grants. Mr. Hauss explained the purpose of HSIP is to reduce traffic fatalities and serious injuries. Edmonds has the one of the highest amounts of serious and fatal accidents, most of which occur on Highway 99. Projects on Highway 99 would definitely fare well in grant competition. Councilmember Teitzel looked forward to getting the project started. He relayed concern from businesses on Highway 99 that installation of barriers to restricted left turn movements could negatively impacting their businesses. He asked if there were plans to allow U-turn lanes in that area. Ms. Reid answered the intent would be for the lanes to be wide enough to allow U-turns and left turns at every signalized intersection as well as one mid -block U-turn. Mr. Hauss commented there are numerous cross streets on Highway 99 which allow drivers to use alternate ways to reach a location. He added that since left turns were restricted between 228t' and 224tt', there have not been any complaints. Councilmember Teitzel commented the International District is a very vibrant Asian community and the imagery on the lighting and banners has a very distinct Asian flavor. Observing the population is changing and becoming more diverse, he suggested giving consideration to imagery in that area that was more ethnically inclusive. Ms. Reid said that discussion has occurred; the imagery needs to reflect the International District and have long term relevance. Councilmember Johnson inquired about the timeline. Ms. Reid said cost estimates will be completed by April to submit the HSIP grant; final concepts and costs estimates will be complete by June. 5. AUDIENCE COMMENTS Carolyn Strong, Edmonds, referred to her comments a month ago regarding placing a ban on heroin injection sites in Edmonds. Since then, there is now a race between Philadelphia, San Francisco and Seattle for the first heroin injection site in the U.S. and there is a push to have one in Snohomish County. Snohomish County put a temporary ban on heroin injection sites, followed by 13 cites that already banned or are considering a ban, which leaves Edmonds as the largest target for a site. During follow-up calls to Councilmembers, she was told a ban would not be placed on the agenda because all Councilmembers were against a heroin injection site, no one was advocating for one, and one would not be allowed in the City. At that Council meeting, Councilmember Fraley-Monillas stated there were no plans to have a heroin injection site in Snohomish County; however, the 32" a Legislative District Democrats, of which Councilmember Fraley-Monillas is a member, pledged in a written document on February 9, 2018 that they are in favor of a heroin injection site in Snohomish County and are actively pushing for it. The document states opposition to a Snohomish County ban on injection sites and because King County is considering a site, urges municipalities and elected officials to utilize safe injection sites as a harm reduction strategy. This document was sent to all county and city councils and mayors in Snohomish County this weekend. She found this document very alarming and was disconcerted that the chair of the Snohomish Health District and a member of the Edmonds City Council was on record supporting heroin injection sites. She urged the Council to clarify their stance and put the matter on agenda for a vote. She summarized if Councilmembers meant what they told her by phone, they should let their vote be their voice instead of empty promises. Edmonds City Council Approved Minutes February 20, 2018 Page 6 Don Hall, Edmonds, recalled speaking to the Council a few months ago about banning plastic straws, plastic utensils and Styrofoam. The only change since then is there are more plastics polluting rivers, lakes and seas and more marine life is dying and no action taken to ban these items. It is estimated by 2050 there will be more plastics in the ocean than fish. Seattle's ban goes into effect in July, some Seattle restaurants are already using alternatives including McDonalds, Tacoma Time and many upscale restaurants. California is considering a statewide ban on plastic straws; several cities have already banned plastic straws such as Davis and San Luis Obiso. Straws and stirrers are the sixth most collected items on coastal cleanups. The Seattle Times reported the Church of England asked people to give up plastics for lent because plastic is such a major environmental issue. Scotland is banning plastic straws by the end of 2019 and the European Union is doing several other things to reduce the use of plastics. Just as Edmonds took the initiate to ban single use plastic bags, it should lead the way on banning plastic straws, utensils and Styrofoam. The ban is a small step in cleaning up the Salish Sea and helping marine life recovery. Another important reasons for a ban is to reduce the amount of plastic in the Edmonds Marsh and the cost to clean it up. Randy Hayden, Edmonds, requested the Council vote tonight to put the issue of heroin injection sites on the agenda. As a member of the Snohomish County Mental Health and Chemical Dependency Board, he spoke to the Council previously about the knowledge he gained serving on that board. He relayed a personal experience when his work truck was stolen three years ago. When the truck was recovered and an arrest made, $20,000 in tools were gone. A search of the truck revealed heroin needles, the thief s empty wallet and three tools that could be used for burglary. He emphasized two days after the theft, the thief was broke after stealing $20,000 in tools. He feared a heroin injection site would bring those type of people into the Edmonds community. As Chair of the Washington State Republican Resolution Committee, he knew how resolutions work, not everyone has to be supportive for a resolution to pass. He was hopeful Councilmember Fraley-Monillas did not support the 32°d Legislative Democrats' resolution supporting safe injection sites as that did not look good. Julie Anderson, Edmonds, owner of Kids City Daycare with an enrollment of 60 children, half of whom live in Edmonds, and half in Lynnwood, said it was important that those children have a future not crowded with heroin, an epidemic at its worst in her lifetime. Edmonds, Lynnwood and the U.S. are filled with heroin and she has attended two funerals for people who overdosed on heroin. She worked at a drug treatment center 35 years ago, was married to a police office for 20 years and her son is a heroin addict, so she knows what she's talking about. The people who support heroin injection sites work for the government, the health department, etc.; the people who oppose heroin injection sites are the people on the streets and in trenches and cannot understand why anyone supports them. Two years ago she found a needle in her son's laundry; he has been clean since that day, was in treatment within three days and has no desire to return to it. She commended her son, commenting she was very lucky, many parents aren't that lucky. She requested the Council put the issue of a ban on the agenda tonight. Betty Goobeak, Edmonds, spoke about working as a nurse and raising her daughter as a single parent in Edmonds. As a nurse, she has seen people addicted to drugs and recalled children sniffing glue in the 1960s and the ineffective use of methadone in the 1980s and now the era of heroin. She did not believe there was such a thing as harm reduction or that safe injection sites were the answer and she did not want one in Edmonds. She summarized character counts and she was hopefully parents take an interest in their children. She urged the Council to put the issue on an agenda and make a decision to ban safe injection sites. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Edmonds City Council Approved Minutes February 20, 2018 Page 7 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 13, 2018 2. APPROVAL OF COUNCIL MEETING MINUTES OF FEBRUARY 13, 2018 3. APPROVAL OF CLAIM CHECKS, WIRE PAYMENT AND PAYROLL CHECKS 5. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE NORTHSTREAM PIPE ABANDONMENT AND CULVERT REHABILITATION PROJECT (PPP COMMITTEE REFERRAL) 6. AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE EDMONDS SCHOOL DISTRICT TO FUND OVERLAY OF 236TH ST. FROM 94TH AVE TO 92ND AVE (PPP COMMITTEE REFERRAL) 7. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH MURRAYSMITH (FORMERLY MSA) FOR FIVE CORNERS RESERVOIR RE - COATING PROJECT (PPP COMMITTEE REFERRAL) 8. 2018 CARRYFORWARD BUDGET AMENDMENTS 7. ACTION ITEMS 1. CRUMB RUBBER EXTENSION OF MORATORIUM Mayor Earling asked how long the moratorium would be extended. Councilmember Tibbott advised the Parks, Planning and Public Works Committee's recommendation was August 7, 2018. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT NELSON, TO APPROVE ORDINANCE NO. 4097, EXTENDING THE PROHIBITION OF THE INSTALLATION OF STYRENE-BUTADIENE RUBBER (ALSO KNOWN AS SBR OR "CRUMB RUBBER") ON PUBLICLY -OWNED ATHLETIC FIELDS WITHIN THE CITY OF EDMONDS UNTIL AUGUST 15, 2018. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND TO REMOVE SCHOOL DISTRICT PROPERTIES FROM THE MORATORIUM IN THE CITY OF EDMONDS. Councilmember Tibbott relayed the reasons for his amendment. First, it was his understanding the school board is responsible for making decisions regarding how they utilize and develop school district property. They are elected and accountable officials serving families in multiple jurisdictions, at least five cities and parts of Snohomish County. As such they must make policy decisions for their constituency which is broader than the City of Edmonds. They take those responsibilities seriously and do best they can for their staff and students. He knows several school board members, district administrators, as well as many teachers; they all take their job seriously. Second, Councilmember Tibbott said the athletic fields on school property serve a unique purpose for which the school board must weigh the cost/benefit of all fill materials. It is their responsibility to preserve those purposes and weigh the cost/benefit, injury prevention, recreational programming during the school year during all weather, balance equity for all students including their health and welfare, safety and injury on the fields. It is the school district's responsibility to weigh all the factors with the limited resources they have. Third, Edmonds as a city has choices for how it uses public property. The City does not need to schedule programs on school district sites; there are other facilities, fields, places and options for engaging in Edmonds City Council Approved Minutes February 20, 2018 Page 8 activities that require fields. For example, a recreation program may be limited but the City can choose not to use fields with crumb rubber fill. If necessary, the City could discontinue recreational programs if certain fields could not be used. Fourth, Councilmember Tibbott recommended taking a broader view. Other cities in the Edmonds School District do not ban schools from using crumb rubber. No other city in the school district other than Edmonds has a moratorium on the use of crumb rubber. The City's ban creates a hardship on schools at a time when they need to all the resources they have for programming. The district is set up to administrate and maintain fields across five cities and have successfully used SBR to provide access to high quality fields that help prevent injuries. All four of his children as well as his wife have played on crumb rubber and none of them have been injured by falls. Fifth, regarding the concern about water runoff from fields using SBR, Councilmember Tibbott pointed out the City's building codes apply to water drainage whether it comes from fields with fertilizer, pesticides, SBR or other material. The City's codes will prevent runoff into the stormwater system and streams. He recommended removing school district property from the moratorium and taking as much time as is needed to understand how to apply the moratorium to other public property in the City. To Councilmember Tibbott's comments about the City's codes, Councilmember Mesaros pointed out the school district must comply with the City's codes. Under the philosophic structure of government in Washington, certain governmental entities are responsible to other governmental entities. In this case, with regard to building codes, fire safety, etc. the school district is responsibility to the various municipals where it does business. Edmonds has a responsibility to make a determination about how the school structures its building and fields and it is proper for the City Council to make choices about that. He found it important to continue the moratorium. The Council has an obligation to the citizens within its authority to ensure a safe place and environment for play, whether organized play or impromptu play. He clarified this is not a ban on crumb rubber, but a moratorium. By August 15, the Council will have more definitive information and will be able to make a better decision. He summarized the moratorium was within the framework of overlapping governmental structure. Council President Nelson concurred with Councilmember Mesaros, commenting cities have broad police power to protect the health and safety of its citizens and can exercise those powers when it is deemed necessary. In this instance, the Council deems them necessary and will wait to hear the results of the Environmental Protection Agency, Center for Disease Control and other federal agencies who have been looking into the safety of crumb rubber for the last year and a half. He expressed support for extending the current moratorium. Councilmember Johnson commented just as the Hearing Examiner said he had to consider CUPs for school projects, the school district does not have autonomy just because it represents a large portion of the population. In the hierarchy, the City has police power and control over land use and she did not support under any circumstances exempting school district property from the crumb rubber moratorium. Councilmember Teitzel commented the Council and community have looked at a lot of data regarding crumb rubber. When the Council last considered the issue, the data was not conclusive, and studies were being conducted at the federal level and by the State of California. It was believed those studies would be released at the end of 2017, but they will not be released until later this year. The basis for the previous extension of the ban to February 20, 2018 was to wait for the studies that would provide more scientifically valid data to make a permanent decision. The Council is still in same place; data is needed before a final decision can be made whether to extend, lift or allow the ban to remain in place for all properties in Edmonds including school district property. Although Councilmember Tibbott raised some good issues and he was sympathetic to those issues, Councilmember Teitzel supported extending the ban until scientific data is available. Edmonds City Council Approved Minutes February 20, 2018 Page 9 Councilmember Fraley-Monillas agreed more information was needed from the EPA and to take the action suggested in the amendment was very preliminary. She pointed out the City was not stopping the school district from developing fields as many other infill materials can used other than crumb rubber. The Council is only saying it is not comfortable with having crumb rubber in the water and effecting fish and children until they know the degree of poisons in crumb rubber. She compared this to the early 1960s when smoking was considered cool and everyone was told it was not harmful. But as it turned out, smoking is one of the number one killers. She preferred to be safe and sure and said waiting a little longer would not hurt anyone. 2. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE EDMONDS MARSH STUDY Councilmember Buckshnis complimented the new Council Executive Assistant Maureen Judge for her assistance. She highlighted: • Exhibit 1: Windward Edmonds Marsh Proposal • Exhibit 2: Updated Windward Professional Services Agreement • Exhibit 3: Windward Scope o Added goal to provide a scientific baseline study of the Edmonds Marsh for the City Council o Add Maureen Judge, Executive Assistant to the City Council, as the primary point of contact o Added City Council to any reference to City staff o Be less definitive about current studies and changed to current Shoreline Master Program regulations regarding current setbacks and buffers o Replaced reference to Option C described in the FS [Shannon & Wilson 2015] with reference to the City's current design for the new daylighted channel through the Marsh ■ Exhibit 4: Project Schedule • Exhibit 5: Edmonds Marsh Updated Budget COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT FOR THE EDMONDS MARSH STUDY. Councilmember Teitzel referred to Site Specific Evaluation under Task 2 in the Scope of Work, specifically the sentence, "The site -specific evaluation will identify opportunities for buffer extension and restoration, and will make specific recommendations for such activities." He recommended the study be as unbiased as possible and suggesting buffer extension presumes only one possible outcome from the study. He recommended changing the sentence to read, "The site -specific evaluation will identify opportunities for buffer mocli reation Derr and restoration, and will make specific recommendations for such activities." This change would suggest the buffer could be reduced, extended or remain the same. Councilmember Buckshnis agreed to incorporate the change proposed by Councilmember Teitzel in the Scope of Work. MOTION CARRIED UNANIMOUSLY. 3. ECC AMENDMENT TO ALLOW BOARDS/COMMISSIONS REMOTE PARTICIPATION Economic Development/Community Services Director Patrick Doherty reviewed: • Background: o EDC recommended changes to EDC code provisions to allow for remote participation o At their January 23 meeting, the City Council Public Safety & Personnel (PSP) Committee agreed but suggested such provisions be applicable to all boards/commissions Edmonds City Council Approved Minutes February 20, 2018 Page 10 o At their February 13 meeting, City Council PSP Committee amended the proposal to allow remote participation only twice per year and require members to participate in entire meeting if on a remote device Amendments ECC 1.05.010 — Attendance required — Remote participation A. In addition to being subject to removal for other particularized grounds as set forth in applicable provisions of the Edmonds City Code, members of all city boards, commissions and committees (hereinafter "members") except as set forth herein, shall be removed from office, and the position deemed vacant as set forth in ECC I.05.020(C) if such member attends less than 70 percent of the regular meetings in any one calendar year, and/or is not in attendance at three or more consecutive regular meetings. Members may Participale in hoard and con_imission meetings remotely telephone, wFrdencnnference. etc.i up to two times per calendar year, and such participation shall be considered attendance for the purposes of this subsection PROVIDED THAT any such artici ation must allow for all other members o the board or commission and any public in attendance to hear the member on the remmte device and PROVIDED FURTHER THAT any member artici atin remotelX must commence participation at the beginning ofthe meeting and must declare an intention to participate until the end of the meetin4fter resuming a remote connection after any technical disruplion o said connection. the Chair shall delerinine whether a member inayparticipale in any action on a matter that may have been discussed during the disconnection bused on the duration o the disconnection, nature of the discussion, etc. ECC 1.05.050 Quorum Requirements B. Members artici atin in a board or commission ►neetin remotely, as r ovided or in ECC 1.05.010 shall be counted towards the number o members re uired to constitute a quorum b the regulations pertaining to each board or commission, provided in Title 10 ECC Mayor and staff concur with the proposed amendments Councilmember Buckshnis asked why this suddenly became an issue and whether there were problems with committee quorums, noting all the boards/commissions she is on have full quorums. Mr. Doherty commented over the last year, there was one instance when there was not a quorum at an EDC meeting and that has happened a couple times over the years. More frequently, some members who are absent due to business travel want to participate in meetings. As a result, the issue was raised about allowing remote participation. The EDC has allowed members to call in but without a code provision, they could not vote or count toward the quorum. The code includes provisions for maximum absences which have not been revised. Councilmember Buckshnis commented this revision would apply to all boards and commissions including the Planning Board. Mr. Doherty agreed. Councilmember Fraley-Monillas agreed with this revision as a trial. She recalled making the point at the PSP Committee meeting was that one of reasons for have committees was so they can work together to resolve issues as team, look at each other across the table and have good, open, honest discussions. She feared that would be lost with remote participation. She also commented at the PSP Committee meeting that committee members who are routinely unable to attend possibly should not be on the committee, should wait to serve on a committee when they have more time or should select another committee. She agreed that may not be realistic so allowing members to call in twice in a year, theoretically missing 15% of the meetings, and being present for the entire meeting may be a good compromise. She commented on the importance of members being present for the entire meeting to avoid them participating for only specific items, recalling that had happened with prior Councils. She was cautiously supportive and hoped it would work. Edmonds City Council Approved Minutes February 20, 2018 Page 11 Councilmember Mesaros, Council liaison to the Public Facilities District, said they allow members to participate by phone. He commented Councilmember Fraley-Monillas, who was participating by phone tonight, could understand the value of being able to call into a meeting and the importance of participating. He supported the proposed change. Councilmember Tibbott concurred with Councilmember Fraley-Monillas' points and expressed support for the proposal. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE ORDINANCE NO. 4098, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 1.05 OF THE EDMONDS CITY CODE TO ALLOW FOR REMOTE PARTICIPATION BY MEMBERS OF CITY BOARDS AND COMMISSIONS. MOTION CARRIED UNANIMOUSLY. 4. DISCUSSION OF CURRENT COUNCIL COMMITTEES AND POSSIBLE CHANGES TO THOSE COMMITTEES Council President Nelson relayed when the Council discussed this previously, Councilmembers provided input on possible changes. Mayor Earling subsequently invited him to hear from City staff and directors regarding their concerns with changing Council committees. The biggest potential impact of the proposed changes was to Public Works so he invited Public Works Director Phil Williams to speak to the potential changes and how they could impact Public Works. Mr. Williams commended as staffs representative, he recognized the partnership between staff and Council. He relayed concern about changing to one committee meeting per month, explaining Public Works has the most committee agenda items on an annual basis. Parks, Planning & Public Works (PPP) Committee meetings can be lengthy and he feared having only one meeting month would make the one meetings even longer. He relayed there may be ways reduce the number of items that to committee before going to Council such as increasing financial thresholds. The biggest downside of one committee meeting month is the tremendous amount of project work and not all projects follow an exact path, often requiring changes to stay on schedule. With only one meeting a month, if a project misses the meeting, there is a month delay which can extend project schedules that have to fit into a construction season. These projects may not be emergencies and in the past the Council has been very accommodating of emergencies. The construction season is typically spring to fall and there is a finite amount of time to do the work. Staff tries to begin projects as soon as possible in the construction season to increase the likelihood of finishing and not overwintering the project which costly. He summarized it would be more convenient for staff if the Council continued to hold two committee meetings/month. If not, staff will figure out a way to make it work. Council President Nelson recapped the options proposed by Councilmembers: • Move parks and planning to another committee so committee can focus mostly on Public Works projects • Move the PPP Committee to another room (addressed at the February 13 meeting) • Return to one committee meeting/month and three business meetings • Change structure to one committee night and one study session night to allow time for each subject • Have committee meeting be only committee work. Business meetings have occurred every week including on committee nights Council President Nelson expressed interest in approving a change to one committee meeting/month. He invited Council input on that change and which week the committee meeting would be held. Councilmember Buckshnis supported having one committee meeting/month, recalling that was the past practice and it had never delayed any projects. She also supported having committee night and one study Edmonds City Council Approved Minutes February 20, 2018 Page 12 session. The study session could include items that that would typically go to a committee for review. For example, she recommended rather than the PPP Committee reviewing the CIP, the full Council review it. She supported having committee night be only for committee work. Councilmember Tibbott expressed support for a monthly meeting dedicated to committee work. In a discussion today, Councilmember Johnson and he agreed if there were a dedicated meeting for committee work, in most cases they could work through 7-10 items and be finished by a reasonable hour. He expressed interest in creating different thresholds for Public Works projects. For example, projects over $100,000 currently require Council approval. He suggested the threshold for Public Works projects, which tend to be more expensive and due to inflation since the threshold was established, be increased to $200,000. This would allow smaller projects to be approved at the staff level instead of coming to a committee which would streamline some of the PPP Committee business. Some projects may be large enough and complex enough that they warrant an outside meeting; he and Councilmember Johnson are willing to schedule an additional meeting for items that require deliberation of 45-60 minutes before presentation to the Council as an action item. He suggested the second Tuesday at 7:00 p.m. for committee meetings and to begin that as soon as possible. Councilmember Tibbott commented having the PPP Committee meet in the Police Training Room last week did not work well. One of the main reasons was most PPP meetings use media which required shifting around in the room. He suggested the PPP Committee meet in Council Chambers where the media is already set up. Councilmember Mesaros spoke in favor of two committee meetings/month, acknowledging some improvements could be made. To address Councilmember Tibbott's comment, he said the hasty change made at the last meeting did not allow the necessary preparation for media in the Police Training Room. He suggested considering the rooms in a more deliberate manner than was done last week. He favored two committee meetings, recalling the Council became more efficient with two meetings, with fewer meetings extending past 10 p.m. in 2017 than in any of the previous 5 years. In response to an earlier comment by Councilmember Buckshnis that the Council gets pressed at the end of the year, he recalled the Council finished its business by December 5, 2017, other than a short meeting to handle a budget item. He agreed with the suggestion to move parks and planning to another committee and that the PPP Committee consider only public works items. He offered for the PSP Committee to take on parks and planning items. Councilmember Fraley-Monillas referred to Councilmember Mesaros' comment that fewer meetings extended past 10 p.m. in 2017. She suggested a fair comparison would require reviewing meeting data from previous years. She recalled in 2016 the Council reviewed several plans that are updated every 5-6 years. She suggested the committee with the most people meet in the largest room. She was willing to discuss raising the threshold for Public Works projects, recalling that led to problems with a little-known park in the north end before Mr. Williams was hired. She suggested finished projects may not need to come to committee and could go directly onto the Consent Agenda. Councilmember Fraley-Monillas was willing to try having one work/study session. For example, the presentations tonight from the Hearing Examiner and regarding the Highway 99 Revitalization Project could have been on a work session agenda. She agreed with Councilmember Buckshnis' suggestion to have one study session, one committee meeting and two business meetings where action is taken on items discussed at committee or at a work session. With regard to the number of meetings per month, Councilmember Johnson commented this is a work in progress, there are advantages and disadvantages, and she will work with whatever system the Council selects. With regard to the distribution of workload, she acknowledged the PPP Committee has the most work. She suggested keeping parks and public works projects together because they are both capital Edmonds City Council Approved Minutes February 20, 2018 Page 13 projects, and moving planning and community development to the PSP Committee. The PPP Committee asked staff to research the numbers to facilitate an evaluation of the thresholds. She recognized the current threshold for review was based on events that occurred many years ago. With regard to the date, she preferred the committee meeting be the first Tuesday of the month and suggested since the PPP Committee has the largest number of people, it should meet in Council Chambers. Councilmember Teitzel supported having one committee meeting/month on the second Tuesday. He anticipated the Finance Committee could complete its workload in one meeting if they were efficient. He anticipated having two business meetings and one study session would not be successful, similar to last year when study sessions became a combination of business and study issues. He preferred to have three business meetings/month that could include study session items. If Public Works has an item that cannot wait for a committee meeting, it could be considered at a business meeting. He agreed with moving the PPP Committee to Council Chambers and moving the Finance Committee to a smaller space. He suggested the five proposed changes be addressed via separate motions. For Councilmember Fraley-Monillas, Councilmember Mesaros clarified the data regarding Council meetings was for the last five years but last year was most efficient with the fewest meetings extending past 10 p.m. Five years ago, out of 40+ meetings/year, up to 20 extended past 10 p.m. and last year there were only 10. Councilmember Fraley-Monillas proposed allowing Council President Nelson to vet the Council's input. She was confident he would make a proposal the Council could live with. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO HAVE ONE COMMITTEE MEETING PER MONTH, EFFECTIVE MARCH 13, 2018. City Clerk Scott Passey pointed out the Council's regular meetings are codified so an amendment to the code will be required. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT NELSON AND COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCILMEMBERS JOHNSON AND MESAROS VOTING NO. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO MOVE PLANNING TO THE PUBLIC SAFETY & PERSONNEL COMMITTEE. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO MAKE THE LAST MEETING OF THE MONTH A STUDY SESSION WHICH COULD INCLUDE BUSINESS AND COMMITTEE WORK. Councilmember Mesaros did not support the motion, suggesting the Council President have the leeway to make decisions about the agenda. He recalled various meetings have included study items. COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Council President Nelson extended an offer to Public Works to identify ways to facilitate their work at once -a -month meetings. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, FOR THE PARKS & PUBLIC WORKS COMMITTEE TO MEET IN COUNCIL CHAMBERS. MOTION CARRIED (6-1), COUNCILMEMBER FRALEY-MONILLAS VOTING NO. Edmonds City Council Approved Minutes February 20, 2018 Page 14 8. REPORTS ON COUNCIL COMMITTEES 1. COUNCIL COMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Teitzel reported on items the committee considered: 1. December 2017 Financial Report — will return to Council in March • Annual investment income for 2017 was $650,000, up $225,000 over 2016 2. Capital Asset Policy — staff will return to committee with recommendations 3. Finance Committee Work Plan — staff will return policies to committee for review 4. 2018 Carryforward Budget Amendments — approved on Consent 5. Ordinances to define how to manage funds for Edmonds Marsh, Opioid Response and Homelessness — Councilmember Buckshnis will work on the Edmonds Marsh ordinance and Council President Nelson will provide input on the Opioid Response and the Homelessness ordinances 6. Sno-Isle Library — numbers are being refining and staff is meeting with Sno-Isle management to discuss options 7. Budget process improvements — matrix of other cities' practices was shared with Council President Nelson for discussion at the budget retreat 8. Funding options for SERS 9. Utility tax payments — staff drafting code change to allow quarterly collection instead of monthly Public Safety & personnel Committee Councilmember Mesaros reported the committee discussed: • ECC amendment to allow board/commission remote participation — approved on tonight's agenda • Parking during special events — Police Chief and Mr. Doherty will brainstorm options Parks, lanning & Public Works Committee Councilmember Tibbott reported most of the items the committee discussed were approved on the Consent Agenda and the extension of the crumb rubber moratorium was approved on the agenda. The committee also discussed: Briefing on Citywide Pavement Rating Report o A consultant was hired to analyze streets using digital equipment develop rating. Details in packet. o To maintain the City road network at its current level requires spend $2.2 million/year on paving. o City currently spends $1.8 million which may need to be increased o Spending only $1.5 million causes the backlog to skyrocket o Pavement preservation budget does not include ADA ramps ■ Suggest Council consider an in-house crew to construct ADA ramps and walkways Asked for a report on the number and type of projects brought to the committee during the past year to facilitate discussion regarding streamlining the committee's work 9. MAYOR'S COMMENTS Mayor Earling invited everyone to the Clam Chowder Cook Off on Saturday. 10. COUNCIL COMMENTS Edmonds City Council Approved Minutes February 20, 2018 Page 15 Councilmember Mesaros reported he would be rooting on behalf of Edmonds at the Mariners first spring training game this Friday. He reported the University of Washington Women's Softball team was ranked # 1 for first time since 2010, now 12-0, outscoring their opponents 108 to 5 in the first 12 games. Councilmember Mesaros reminded of the open house regarding design features for the Edmonds Street Waterfront Connector on February 28 from 6 to 8 p.m. in the Library Plaza Room. Councilmember Buckshnis announced there are openings on the Mayor's Climate Protection Committee which meets the I" Thursday of the month from 8:45 - 10 a.m. Members can live in Edmonds or the surrounding area. The committee has a lot of items on its agenda, including plastic which Councilmember Teitzel is taking the lead on. She remarked something needed to be done about assault rifles. Councilmember Teitzel referred to his passion about preventing gun violence, having lost a brother to gun violence. It's very impactful to families, and his heart broke for the families of the 17 victims in Florida, finding it beyond imaginable that this had happened again. He never wanted to hear the words active shooter at Edmonds Elementary or Madrona and was hopeful meaningful, courageous action could be taken at the local, state and federal level to address the issue. He attended a very touching candlelight vigil at the Edmonds Methodist Church for the 17 victims on Sunday that included photos of the victims which makes it very personal. He also attended yesterday's march at the high school in support of reducing gun violence. He expressed his appreciation to Council President Nelson for his eloquent, heartfelt comments at both events With regard to safe injection sites in Edmonds, Councilmember Teitzel recalled telling Ms. Strong that his personal position was he did not now nor would he ever support safe injection sites as a Councilmember in Edmonds. He hoped other Councilmembers had the same position and assured if so, safe injection sits would not exist in Edmonds. He cautioned if the Council did take up the issue as an agenda item and vote to pass a ban, a future Council would be within their legal rights to reverse the ban. He reiterated he did not support safe injection sites and hoped his fellow Councilmembers agreed. Council President Nelson said he has personally received numerous contacts in the past regarding safe injection sites. He personally opposes heroin injection sites and has no interest in seeing them anywhere in Edmonds. Councilmember Johnson referred to the Carryforward Budget Amendment on the Consent Agenda, explaining there were 44 carryforward items that in general represented projects that began last year and needed additional time to be completed. She was concerned about the ones that did not have a real need and wanted to ensure that funds are not carried forward for the sake of carrying funds forward but that there is a real project associated with it. She looked forward to discussing that in greater detail at the Council budget retreat. She was interested in holding the line on expenses to the extent possible and be as conservative as possible in spending, recognizing property owners are facing significant property tax increase to pay for education. Councilmember Tibbott echoed other Councilmembers' comments about assault rifles and injection sites. He was saddened by the tragedy at the high school and did not support injection sites in Edmonds. He has not heard any Councilmembers expressing support for injection sites. Councilmember Tibbott relayed he and his wife spent two nights in Seattle this weekend. One of the places they walked to was a former crumb rubber field that had been filled with cork. He reported it was not nearly as bouncy and when there are freezing temperatures, it is frozen rock solid. He also experienced the African American History Month exhibit at the Seattle Art Museum where they had fun interacting with their group and other patrons viewing the fantastic, inspiring exhibit. Edmonds City Council Approved Minutes February 20, 2018 Page 16 Councilmember Fraley-Monillas clarified the Snohomish Health District is not looking at safe injection sites nor have they ever talked about the subject. She is personally opposed to safe injection sites and has never recommended them. She belongs to approximately 10 different organizations across the U.S., one being the 32nd District Democrats. However, belonging to an organization does not mean she agrees with everything they support or do. She pointed out the 32"d District Republicans do not have a platform to reduce gun violence or make changes to guns carrying; but that does not mean every person in the 32°d District Republicans think it's okay for everyone to carry a gun. Everyone has views that differ from the organizations to which they belong. She was sorry her neighbor, Mr. Hayden, had had his truck stolen and that needles were found in in it. She was also sorry for any family members who have been affected by the heroin epidemic, but did not see safe injection sites as the answer and would never support one in Edmonds. She remarked it had been a joy and a unique experience to watch the Council on television tonight. Student Representative Noal Leonetti reported as a high school student he was concerned about gun violence and has had multiple discussion in class about the issue especially after what happened in Parkland. He agreed there needed to be action on the issue. He recalled gun threats at Edmonds-Woodway High School a few years ago that were very scary. There need to be more protections; he was concerned with his own and the safety of his classmates at school and sometimes felt like it was only a matter of time. He hoped Edmonds could be part of the movement toward gun safety. 11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 13. ADJOURN With no further business, the Council meeting was adjourned at 9:15 p.m. -C DkO O. EARLING, MAYOR S ASSEY, C1T CLKK Edmonds City Council Approved Minutes February 20, 2018 Page 17 ;: .- .._ .: -.: __��. ._r : .._ :: ys ... ...