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20180821 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES August 21, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember Thomas Mesaros, 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 Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Kemen Lien, Environmental Program Mgr. Rob English, City Engineer Brad Shipley, Planner Tom Brubaker, City Attorney's Office Scott Passey, City Clerk Nicholas Falk, Deputy 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 5" Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA Councilmember Fraley-Monillas requested Item 5.8 be removed from the Consent Agenda COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Christi Davis, Brier, commented her kids should have spent the day at the park but the air was so polluted from forest fires, health officials recommended everyone stay indoors. Washington's orca pod had one mother carry her deceased calf for 17 days; another young orca is ailing, and wildlife biologists are giving her medications in an effort to safe her live. The environment and way of life have been damaged and are in danger of further damage. The Council cannot fix everything, but Edmonds has consistently shown the courage whatever it can to lead the way for a healthier, cleaner future. In 2009, the City Council banned single use plastic bags. In 2015, the City Council promoted healthy environments for all by placing a moratorium on the installation of crumb rubber on public sports and play surfaces. Earlier this year the Council passed a safe storage gun law. Studies have shown crumb rubber releases chemicals into the air Edmonds City Council Approved Minutes August 21, 2018 Page 1 and water that are toxic to humans, aquatic and plant life and leaches large amounts of zinc. A recent study by the University of Washington shows that even tiny amounts of pollutants such as zinc in the water damages a fish's sense of smell. Important steps toward controlling toxic chemicals include stopping the practice of grinding up used tires and spreading them on the ground as well as to teaching children by example to take steps to protect the environment. She requested the Council continue their pattern of protecting health and the environment by extending the moratorium on the use of crumb rubber and to make the moratorium permanent. There is no chance the federal study will find crumb rubber does not release toxic chemicals into the environment. Alexandra Mackiel, Brier, said continuing the ban on crumb rubber is consistent with the value of Edmonds citizens. The high value citizens place on a healthy population and a sustainable future are clearly laid out in the City's Comprehensive Plan and the Strategic Action Plan. The City's Comprehensive Plan embraces Vision 2040 which states a sustainable future ensures the wellbeing of all living things, carefully meshing human activities with the larger patterns and systems of the natural world. A sustainable approach also prevents degradation of land, air and climate while creating environments that livable, comfortable, safe and healthy as well as promote productivity. In 2015, multiple people relayed how crumb rubber off - gases fumes that are carcinogenic and toxic as well as pollute the air with fine parable dust, some of which is carbon black, a known carcinogen. A subsequent study by the Washington State Department of Health on soccer goalies was so deeply flawed that it did nothing to dispel scientists' concerns. Even if future research indicates crumb rubber fields do not increase the risk of cancer, the fields are still unnecessarily polluting air and water. There is no reason Edmonds should allow anyone to cover a field in a toxic substance that will pollute the air and water and potentially expose young athletes to potential risk factor for blood cancer. She urged the Council to do everything possible to protect children and to give them a healthy planet to live on. Laura Johnson, Edmonds, expressed support for the extension of the moratorium on the use of SBR, waste tire crumb rubber, on municipal property within the City. Throughout 2015, Council heard from numerous citizens on the potential and suspected risks regarding the use of shredded waste tire material. The Council spent a considerable amount of time understanding the issue and ultimately voted unanimously to place a moratorium on its use, a moratorium the Council has continued to renew awaiting answers from the EPA and CDC. Due to the thick wave of wildfire smoke, there is a statewide health alert and people are cautioned to avoid going out as much as possible and when outside to wear masks due to the particulate matter, fine dust particles that can be inhaled deep into the lungs and cause health issues. Studies have shown that lower but long-term exposures that occur during more sensitive child development years can have more devastating results than higher but infrequent exposure. Parents whose children have played on these fields have seen the black smudges on their bodies and equipment as well the black specks in their clothing and shoes. The Council has seen ajar of crumb rubber and the tiny dust particles in it as well as the spray of black when players dive or kick a ball. Young athletes are inhaling this dust when they plan on crumb rubber fields. Children are exposed by the rapid breathing that occurs with exercise and the dermal exposure increased with sweating. Just like wildfire smoke, this matter can be inhaled deep into the lungs and can enter the bloodstream. This is most concerning when it is a cancer-causing material such as tobacco smoke, asbestos or benzine. SBR crumb rubber from tires contains benzine as well as 10 other known cancer-causing chemicals. Adults working in manufacturing and recycling these products are warned wear masks to avoid breathing chemicals and to wash skin if exposed, but not the children playing on the same material. She encouraged the Council to continue to be the voice of caution. Senator Maralyn Chase, thanked the Council for their efforts to protect the safety of children. Although the Council has been on the receiving end of negative reactions, she emphasized the grandmas and families of children appreciate what the Council does with regard to children's safety from guns and crumb rubber. She summarized Edmonds City Councils was one of the most courageous in the state. 5. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes August 21, 2018 Page 2 COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, 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 AUGUST 14, 2018 2. APPROVAL OF COUNCIL MEETING MINUTES OF AUGUST 14, 2018 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES BY MARY ELLIN BLOCK (AMOUNT UNDETERMINED) 5. EMPLOYEE AGREEMENT 6. INTERLOCAL AGREEMENT BETWEEN EDMONDS AND MOUNTLAKE TERRACE FOR THE INSTALLATION OF AN ADAPTIVE TRAFFIC SIGNAL CONTROL SYSTEM ALONG 220TH STREET FROM 76TH AVE TO I-5 7. AUTHORIZATION TO PURCHASE - THREE (3) POLICE PATROL VEHICLES 9. 4TH AVENUE SOUTH PARKING LOT ENFORCEMENT CODE AMENDMENT 6. ITEMS REMOVED FROM CONSENT 1. PURCHASING POLICY AMENDMENTS(Formerly Item 5.8 Councilmember Fraley-Monillas asked staff to explain the minor purchase policy amendments that will bring them into compliance with the Code of Federal Regulations (CFR). Finance Director Scott James said the Auditor stated the City's policy was missing a couple sentences called for in CFR 202. He referenced B.1 on Council packet page 98 (page 4 of the policies) and the addition of the statement, "unless the guidelines in 2 CRF 200 apply and are more restrictive, in which case the more restrictive requirements must be met." The other amendment is in B.5 on the same page, the addition of the sentence, "If Federal funds are used to pay for all or a portion of the cost, the City must perform formal bidding at the federal threshold of $100,000 under Pre -UG or $150,000 under UG." Councilmember Fraley-Monillas inquired about the new section, Procurement and Surplus of Vehicles and Equipment on Council packet page 97 (page 3 of the policies). Mr. James explained vehicle purchases are approved by the Council in the budget; this amendment allows staff to proceed with those purchases up to a value of less than $250,000, previously $100,000. Councilmember Fraley-Monillas clarified that was only for items preapproved in the budget. Mr. James agreed. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE PURCHASING POLICY AMENDMENTS. Councilmember Mesaros pointed out in Item B.5, one of the zeros in $100,000 was missing. MOTION CARRIED UNANIMOUSLY. At Mayor Earling's invitation, Tom Brubaker, an associate with Lighthouse Law Group, introduced himself. He joined Lighthouse in February after 27 years as Kent's city attorney. He acknowledged his wife, Sherri Bernstein, in the audience who was an Edmonds resident from 1969 until their recent marriage. Edmonds City Council Approved Minutes August 21, 2018 Page 3 ACTION ITEMS SENIOR CENTER LEASE AMENDMENT PROPOSAL Councilmember Teitzel commented the Finance Committee has a number of detailed and sensitive questions regarding this proposal. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMAND THIS ITEM TO THE NEXT FINANCE COMMITTEE MEETING FOR FURTHER DISCUSSION. Councilmember Teitzel explained this proposal is for the City to pay an additional 50% of the parking lot and frontage improvements for the Waterfront Center, approximately $1 million in taxpayer revenue. Due to the significant amount, the Finance Committee would like to explore exactly what the City is paying for and the limits of the City's financial risk. Councilmember Fraley-Monillas said she did not necessarily disagree with the Finance Committee having further discussion, but she wanted to hear the presentation. Councilmember Mesaros also wanted to hear the presentation and based on the information presented, vote on Councilmember Teitzel's motion. Mayor Earling asked if that was agreeable to Councilmembers Teitzel and Buckshnis. Councilmember Teitzel suggested making this a study item instead of an action item, allow the presentation to proceed and then remand to the Finance Committee. Councilmember Johnson suggested the Council vote on the motion and then decide whether to hear the presentation. Councilmember Fraley-Monillas urged Councilmembers to vote against the motion so that the Council could hear the presentation. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS JOHNSON, BUCKSHNIS AND TEITZEL VOTING YES; AND COUNCIL PRESIDENT NELSON AND COUNCILMEMBERS FRALEY-MONILLAS, MESAROS AND TIBBOTT VOTING NO. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REVISE THIS ITEM FROM AN ACTION ITEM TO A STUDY ITEM. Councilmember Fraley-Monillas did not object to this action as it would allow the Finance Committee to have a better understanding of the proposal. Councilmember Johnson expressed support for the motion. MOTION CARRIED UNANIMOUSLY. Parks & Recreation Director Carrie Hite recalled this item was originally scheduled on the July 24 Council agenda and delayed due to the late hour. The packet contains the current Option to Lease and the proposed Option to Lease in a red -line format. She reviewed: • History o Current arrangement • Operational support $75,000/year ■ No fee lease for current building Edmonds City Council Approved Minutes August 21, 2018 Page 4 • City maintains grounds R Senior Center maintains daily needs ■ City helps with capital items o January 2015 City entered into an option for a 40 -year ground lease with Senior Center o Terms include ■ Senior Center right to demolish building and build new ■ Senior Center would pay for complete cost of new building ■ Senior Center would pay for 50% cost to construct parking lot and maintain parking lot ■ City would use building from 4-10 pm Monday -Thursday, and other mutually agreeable times ■ Term for 40 years with renewal option for 15 more Senior Center proposal o Updates some language, exhibits, staff is still working on this o Updates financial goal to exercise option; from $7.5M to $12M or 75% of total cost o Costs for design, construction and maintenance of the parking lot and street frontage improvements become 100% responsibility of the City Ms. Hite explained the ECC requires street frontage improvements to be constructed whenever a building is constructed. When the City originally signed the lease with the Senior Center, those frontage improvements were not identified. When the Senior Center and the City were working jointly to submit for land use permits, the frontage improvement requirement came up. That has been under negotiation for the past year, with her saying it was the Senior Center's responsibility and the Senior Center saying it was part of the park and should be the City's responsibility. Some design of the frontage improvements was necessary to submit for land use permits and it was agreed the Senior Center and the City would split that cost as it was not significant, and funds were available in the budget. In the proposed amendment, the Senior Center is requesting the City pay for the parking lot and the street frontage improvements (sidewalks, entryways, stormwater treatment, etc.) Ms. Hite displayed a drawing of the new Waterfront Center, a $16 million project. The full project that the City is working on includes the park redevelopment in front of the Senior Center including the removal of the creosote parking pier that had no stormwater treatment or detention. This project was identified in the City's Shoreline Master Program and has been in the PROS Plan and it was an opportune time to do it when the center was being rebuilt. The park redevelopment helps with the building and parking lot permitting. The creosote pier will be removed and beach habitat reintroduced, the walkway in front of the new building reconnected, a hand boat launch and ADA ramp added and the parking lot constructed. Ms. Hite displayed a schematic of the full buildout of the Waterfront Park redevelopment, noting Phase 2, the walkway in front of the Ebbtide, is included in this permit but will be constructed 1-2 years later. Environmental permits were submitted approximately a year ago to the Department of Ecology and a joint review committee will review the permits. The permits include the walkway in front of the Ebbtide, the waterfront park redevelopment, the parking lot and the building. She displayed a drawing of the footprint of the Waterfront Center building, explaining the Senior Center is requesting the City be responsible for everything around the footprint including the sidewalks around the building, the north, east and west portions, all the park amenities including benches and picnic tables, connecting the walkway, the patio and the wedding lawn. One of the items to be discussed with the Senior Center is that the wedding lawn/picnic area overlook not be an exclusive use of the senior center as it is a public park. If the senior center wants to use that area for weddings, she.envisioned language could be developed related to reserving the area. Ms. Hite displayed an aerial drawing once the Waterfront Center, beach renovation, walkway and the missing walkway connection in front of the Ebbtide are completed. She explained tonight's presentation was intended as an opportunity for the Council to weigh in and provide direction on the redline proposal. Edmonds City Council Approved Minutes August 21, 2018 Page 5 She did not anticipate any issues with the lease language other than financial. As the 2019 budget is approaching, she envisioned this as an opportune time to discuss the budget impacts of the proposed lease. Edmonds Senior Center Executive Director Ferrell Fleming asked whether he and Capital Project Manager Daniel Johnson would be included in the discussions at the Finance Committee. Councilmember Teitzel answered yes. Mr. Fleming said some of tonight's presentation may be more useful in that setting rather at the full Council. Councilmember Johnson agreed this should be part of Council's budget deliberations, especially due to the amount. The Council can have initial discussions but before a decision can be made, the expenditure needs to be reviewed in light of other proposals that departments may propose in the budget in October. She did not recommend the Council make a decision tonight or at the Finance Committee but to fully flesh out the issues for consideration during the budget process. Councilmember Teitzel clarified Mr. Fleming, Mr. Johnson, Ms. Hite and City Attorney Jeff Taraday were welcome to join the discussion at the Finance Committee meeting. Council President Nelson commented he scheduled this item for the full Council, a decision the Council just reaffirmed, and he recommended having the full presentation made to the Council. Councilmember Fraley-Monillas commented the Finance Committee is an open meeting, anyone can attend. Notes are taken but senior center representatives may not be allowed to speak unless the committee grants them time to make a presentation. As committees do not make decisions for the Council, she wanted to hear the presentation. The full Council will ultimately deliberate and make a decision. Councilmember Buckshnis said Council President Nelson and she disagreed; she felt the Finance Committee should have heard the presentation first and work through kinks in the lease that staff is still working on. Her intent with having the Finance Committee review it first was to ensure when it comes to the full Council, there is a complete picture. She agreed committee meetings are open to the public and notes are taken but the meeting is not on camera. Mayor Earling recommended the senior center representatives provide the full presentation based on Council President Nelson's comments. Mr. Fleming introduced the Senior Center Executive Committee: President Bob Rinehart, Vice -President Patsy Ethridge -Neal, Secretary Cheryl Reagan, Treasurer Alma Ohtomo, and Past President John Osterhaug. Mr. Fleming explained the Senior Center and the City have been partners on this development since before the center began in 1967 when City officials and staff worked with a group interested in a senior center. The original funds gathered in 1972 and used to purchase property in 1973 with the idea the City would own the property and operate the center, 75% were raised by the Senior Center via HUD grant to the City and the remaining 25% came from a City bond. With the new Waterfront Center, 75% will be funded by the Senior Center and 25% by the City and at the end of 40-50 years, the building will be owned by the City in accordance with the terms of the lease. The non-profit has the ability to raise resources that the City cannot. The citizens of Edmonds and the region benefit from the center. Capital Project Manager Daniel Johnson provided an update on the campaign, recalling they presented the adjusted $16 million budget to the City Council on April 17. When the larger amount and the realities of building in this building climate came to light, the architect, contractor and board members discussed how to reduce costs. An alternative design that significantly reduced the size of the building was considered and a value engineering exercise was done to determine what could be done without compromising the building. Edmonds City Council Approved Minutes August 21, 2018 Page 6 The team considered the options, met with initial investors and vetted it with various committees and ultimately the board unanimously accepted a budget not to exceed $16 million. Mr. Johnson relayed to date $9.9 million has been raised and they have a path to $16 million but it will take a community effort to get there. He highlighted recent gifts: an additional $50,000 pledge (for a total of $100,000) from a board member, a $43,000 gift of stock, $10,000 from an estate of an individual who lived in the community for many generations and wanted to honor her parents, and a $1,000 donation from a woman who has worked with seniors and loves the project. The plan to reach $16 million includes $2.5 million from major gifts from individuals, an effort led by former Mayor Gary Haakenson. Mr. Johnson explained a major donor cultivation event was held in June to tell the story and campaign members then follow up with individuals. Another $2.5 million is anticipated to come from the broader category of government which includes $2.5 million grant request pending with Verdant; the proposal for the City to fund the parking lot and frontage improvements; and requests pending with Snohomish County and Washington State. Up to an additional million is anticipated from foundations and $400,000 from the community campaign. They currently have $5.3 million in pending requests. The campaign has been run very lean; campaigns typically cost between 8% and 12%, this campaign is below 4%. The fundraising efforts will not stop until all the funds are raised. The timeline to break ground is January which will require moving out of the building in December and efforts are underway to identify options to house programs during the 12-18 months of construction. Mr. Johnson explained the Senior Center is committed to this schedule for many reasons; one of them is the risk of escalation if the timeline slips too much and costs continue to increase. Another reason is funds provided by the state include performance conditions that require the funds be spent within a certain window. A final reason is the building is failing. Mr. Fleming commented on a drainage/sewer issue that occurred this week, the refrigerators are beginning to fail, and the south wall is. quite porous. Those issues are not getting better and the cost of repairs is astronomical. Mr. Fleming explained even if all the financing is gathered, much of it is in pledges which require bridge financing. The Board has authorized professional assistance in identifying bank financing. Mr. Johnson described mission investing; high net worth individuals supportive of the project who lend it money, unsecured, typically at prime or below market. That was done with three families and $3 million in Kingston. Semble in Bellevue serves as a third party to manage these types of loans. Mr. Fleming commented the Senior Center has been financially in the black for 50 years, a long history of financial stability. The Executive Committee are among the most conservative and are determined to proceed in a responsible manner. The Senior Center is a sensible business, managed by sensible people. If there were a shortfall, the solution, like the City's, is to cut expenses and raise revenues. Opportunities to increase revenue include rental revenues and turning capital campaign donors into operating donors. Ms. Hite reviewed: • Full Project Cost Component Cost Design Waterfront Park $ 248,987 Design Parkin Lot $ 116,040 Design Street Frontage $ 106,131 Design Ebbtide $ 203,510 Construction Park $2,129,118 Construction Parkin Lot $1,354,013 Construction Street Frontage $ 291,554 Construction Ebbtide Walkwa $1,371,033 Edmonds City Council Approved Minutes August 21, 2018 Page 7 Permitting, En ., Environmental $ 325,000 Total $6,145,386 • Waterfront Redevelopment/Senior Center parking lot/frontage improvement o Spreadsheet of funding identified in City's budget 2017, 2018, 2019 and 2020 • Parking Lot and Frontage Improvements *Cost estimates at 30% design Ms. Hite commented the Council is being asked to consider the language in the contract, knowing that costs numbers could increase. Council President Nelson relayed his opinion that the City should pay 100% of the parking lot and frontage improvements. He requested the Council be updated on costs as design proceeds. The Senior Center is an asset to community; there are not a lot of ways the City can help fund it, but this is a clear way the City can make a contribution. Councilmember Fraley-Monillas asked what proforma has been done to determine repayment of the loans other than it will be a nicer building and more people will want to rent it. Mr. Fleming said a special Finance Committee meeting is scheduled next Monday and a proforma will be presented then. Councilmember Fraley-Monillas commented repayment of the loan is an important issue and a lot will depend on the proforma. Councilmember Fraley-Monillas asked what another building constructed on the waterfront would be required to do. Mr. Hite said there is setback language and allowance for variance; in addition to the City code, the State has requirements for shoreline permitts. For example, if development impedes on the shoreline such as the walkway over the water in front of the Ebbtide, mitigation is required. Mitigation credits are provided for the beach rehab to build over the water and for building close to the water. The beach rehab helps the building get environmental permits. Using the building to the north as an example, Councilmember Fraley-Monillas what the property owners be required to do if the building were demolished and another building constructed. Ms. Hite said the building to the north also has a parking lot adjacent to Puget Sound; they would be required to do storm filtration, setbacks, and some type of mitigation. Councilmember Buckshnis expressed interest in reviewing a complete package that included all the exhibits. Ms. Hite said staff is working on the exhibits. Councilmember Buckshnis recalled there were issues with the frontage, building footprint, sidewalk, etc. Ms. Hite advised the exhibits will include a site plan. Councilmember Tibbott was supportive of the City paying 100% of the parking lot and frontage improvements but was curious about the source of revenue and suggested the Finance Committee discuss that. He was also interested in the revenue source for the park. Ms. Hite said those types of questions will be answered in the budget process. For example, if REET is used, something else doesn't get funded. The budget process will include the funds budgeted over the past several years for construction plus grant funds. Edmonds City Council Approved Minutes August 21, 2018 Page 8 Cost* 50% Senior Center Parking. Lot Design $ 116,040 $ 58,020 Parking Lot Construction $1,354,013 $677,006 Frontage Improvements Desi $ 106,131 $ 53,065 Frontage Construction $ 291,554 $145,777 Total $1,867,736 $933,868 *Cost estimates at 30% design Ms. Hite commented the Council is being asked to consider the language in the contract, knowing that costs numbers could increase. Council President Nelson relayed his opinion that the City should pay 100% of the parking lot and frontage improvements. He requested the Council be updated on costs as design proceeds. The Senior Center is an asset to community; there are not a lot of ways the City can help fund it, but this is a clear way the City can make a contribution. Councilmember Fraley-Monillas asked what proforma has been done to determine repayment of the loans other than it will be a nicer building and more people will want to rent it. Mr. Fleming said a special Finance Committee meeting is scheduled next Monday and a proforma will be presented then. Councilmember Fraley-Monillas commented repayment of the loan is an important issue and a lot will depend on the proforma. Councilmember Fraley-Monillas asked what another building constructed on the waterfront would be required to do. Mr. Hite said there is setback language and allowance for variance; in addition to the City code, the State has requirements for shoreline permitts. For example, if development impedes on the shoreline such as the walkway over the water in front of the Ebbtide, mitigation is required. Mitigation credits are provided for the beach rehab to build over the water and for building close to the water. The beach rehab helps the building get environmental permits. Using the building to the north as an example, Councilmember Fraley-Monillas what the property owners be required to do if the building were demolished and another building constructed. Ms. Hite said the building to the north also has a parking lot adjacent to Puget Sound; they would be required to do storm filtration, setbacks, and some type of mitigation. Councilmember Buckshnis expressed interest in reviewing a complete package that included all the exhibits. Ms. Hite said staff is working on the exhibits. Councilmember Buckshnis recalled there were issues with the frontage, building footprint, sidewalk, etc. Ms. Hite advised the exhibits will include a site plan. Councilmember Tibbott was supportive of the City paying 100% of the parking lot and frontage improvements but was curious about the source of revenue and suggested the Finance Committee discuss that. He was also interested in the revenue source for the park. Ms. Hite said those types of questions will be answered in the budget process. For example, if REET is used, something else doesn't get funded. The budget process will include the funds budgeted over the past several years for construction plus grant funds. Edmonds City Council Approved Minutes August 21, 2018 Page 8 Councilmember Teitzel relayed until recently, the target of $16 million included the Senior Center paying for 50% of the parking lot. He asked if the fundraising target would be reduced if the City approved paying the Senior Center's share, Mr. Fleming explained the $16 million budget identified $500,000 as the Senior Center's portion of the parking lot. The original estimate was only repaving the parking and leaving the pier in place. The cost was identified as $750,000 and with escalation potentially $1 million. If the City paid for the parking lot and frontage improvements, the $16 million target would be reduced to $15.5 million. Councilmember Fraley-Monillas expressed interest in funding options such as reserves if the City were to pay for the parking lot and frontage improvements, as well as what other projects wouldn't get done. 2. SET PUBLIC HEARING FOR EXCELSIOR PLACE STREET VACATION Environmental Program Manager Kernen Lien explained two property owners submitted a petition to vacate a portion of Excelsior Place that lies adjacent and north of the property addressed as 1951194' Place West. He displayed a survey of the vacation, identifying the area of right-of-way that serves a driveway for residents. There are City utilities within the right-of-way including water and side sewer. He reviewed: • Set public hearing o RCW 35.79.010 and ECDC 20.70.070 requires the City Council to fix a time by resolution for a public hearing on any proposed street vacation o The hearing can occur no less than 20 days and no more than 60 days after passage of the resolution o The proposed resolution sets a public hearing date of September 25, 2018. o Staff will prepare a report and recommendation for the Council's consideration at the hearing. Councilmember Buckshnis asked why the property owners requested the vacation. Mr. Lien said he would prefer to go into the details at the public hearing. Councilmember Tibbott relayed his understanding the street is currently used as a private driveway. Mr. Lien agreed for the most part, identifying the driveway on the survey that serves the residents at 19511. Councilmember Tibbott observed the right-of-way serves as a driveway to two houses, one on the north and one on the south. Mr. Lien was uncertain whether one of the residence's primary driveway was from 196th. He recalled the area was improved when one of the properties was developed. Councilmember Tibbott asked whether the City still needs access. Mr. Lien said that and other details will be addressed in the staff report at the public hearing. Councilmember Tibbott requested the materials for the public hearing identify whether there is a connection to the west. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE RESOLUTION NO. 1416, A RESOLUTION OF THE EDMONDS CITY COUNCIL SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF EXCELSIOR PLACE ADJACENT TO THE PROPERTY ADDRESSED AT 1951194TH PLACE WEST. MOTION CARRIED UNANIMOUSLY. 3. ADOPT ION OF 2018 COMPREHENSIVE PLAN AMENDMENTS Planner Brad Shipley recalled the two Comprehensive Plan amendments were reviewed with the Council two weeks ago He provided: • Background o Two Comprehensive Plan map designation changes are proposed at this time: ■ Property located at 9111 and 9107 - 236th St. SW. Change Comprehensive Plan designation from Single Family Urban 1 to Edmonds Way Corridor (AMD20160008). Edmonds City Council Approved Minutes August 21, 2018 Page 9 + All property located south of 240th St. SW, between 84th Ave. W and Edmonds Way. Change Comprehensive Plan designation from Edmonds Way Corridor to Corridor Development (Hwy 99) (AMD20180001). o Comprehensive Plan amendments related to the budget will occur at a later date. Councilmember Johnson commented these amendments are proposed in anticipation of being the only Comprehensive Plan amendment this year; however, the City has until December to adopt the amendments and things are afoot in other areas such as the moratorium related to parking in the BD zone and the Council's role in development review applications. She asked if any further 2018 Comprehensive Plan amendments were anticipated through the end of the year. Development Services Director Shane Hope answered these are the only Comprehensive Plan amendments proposed during the period that Comprehensive Plan Amendments were accept for 2018. The exception would be anything related to the CFP or CIP which are done during the budget process. The moratorium is not addressed in the Comprehensive Plan as it is a zoning issue. The Council's role in development review applications would be an amendment to zoning procedures in Title 17and possibly other sections and no Comprehensive Plan amendment would be required. Ms. Hope clarified zoning regulations need to be consistent with the Comprehensive Plan, but that does not mean the Comprehensive Plan contain everything that is in the zoning regulations, building code, etc. The Comprehensive Plan can only be amended once a year with certain exceptions. Development regulations, as long as they do not conflict with the Comprehensive Plan, can be amended at any time. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADOPT ORDINANCE NO. 4123, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE 2018 AMENDMENTS TO THE CITY COMPREHENSIVE PLAN. MOTION CARRIED UNANIMOUSLY. 4. MORATORIUM ON DEVELOPMENT OF RESIDENTIAL UNITS WITHOUT ON-SITE VEHICLE PARKING SPACE IN THE BD ZONING DISTRICT Development Services Director Shane Hope explained the current code does not require a building in the Downtown Business (BD) zone with a footprint of less than 4800 square feet current code to provide onsite parking. Most buildings have provided onsite parking in spite of the code because the developer felt it was needed. A complete application was submitted and approved under the City's existing code. Although there were concerns with that proposal, the application had to be approved as it met the code. The concern now is whether other development could be proposed before the code is adjusted. A code amendment typically takes three months due to public hearing, approval by the state, SEPA process, etc. Even though there are no other applications for residential units without onsite parking in the BD zone, it seemed a good precaution to propose a moratorium on new residential without at least one space per unit of onsite parking while that issue is studied. Councilmember Buckshnis thanked staff for acting swiftly, noting she was shocked when she received an email that this had occurred, thinking a residential building would have to have onsite parking. She clarified a commercial building with a footprint under 4800 would still follow the code. Ms. Hope agreed, explaining the moratorium would only effect residential. The moratorium requires a public hearing within 60 days and sets a date. Following the public hearing, the moratorium would continue for up to six months unless the Council decides otherwise. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT ORDINANCE NO. 4124, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO RESIDENTIAL UNITS IN THE BD ZONES, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE PERMITTING, Edmonds City Council Approved Minutes August 21, 2018 Page 10 SITING, ESTABLISHMENT AND CONSTRUCTION OF ANY NEW RESIDENTIAL UNITS WITHIN THE BD ZONES THAT DO NOT PROVIDE AT LEAST ONE PARKING SPACE PER DWELLING UNIT, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, ESTABLISHING THE DATE OF THE PUBLIC HEARING ON THE MORATORIUM AND DECLARING AN EMERGENCY. MOTION CARRIED UNANIMOUSLY. 5. CRUMB RUBBER EXTENSION OF MORATORIUM Council President Nelson explained the City Council adopted a moratorium in December 2015 on crumb rubber on publicly owned athletic fields within the City. The intent at that time was to extend the moratorium until a federal study was completed by the Environmental Protection Agency Center for Disease Control and the Consumer Product Safety Commission. A draft report, Federal Research Action Plan on Recycled Tire Crumb Used on Playing Fields and Playgrounds, was sent to peer review in May 2018 and the next step is public comment this summer. In the meantime, he requested extending the crumb rubber moratorium until November 15, 2018. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADOPT ORDINANCE NO. 4125, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, 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 NOVEMBER 15,2018; DECLARING AN EMERGENCY. Councilmember Teitzel agreed with extending the moratorium but was concerned about the proposed extension to November 2018 because the moratorium also refers to the federal study as well as the study by the Office of Environmental Health Hazard Assessment in California is due to be released in mid -2019. The California study will study fields in hot temperatures and assessing off gassing. He preferred to extend the moratorium through June 30, 2019 to allow the California study to be completed before a decision is made. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO AMEND THE MOTION TO EXTEND THE MORATORIUM UNTIL JUNE 30, 2019. Councilmember Johnson relayed her understanding the City was only allowed to extend a moratorium for six months. She preferred to extend the moratorium for six months. City Attorney Tom Brubaker agreed. COUNCILMEMBER TEITZEL WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECONDER. COUNCILMEMBER JOHNSON MOVED TO AMEND THE MOTION TO EXTEND THE MORATORIUM FOR SIX MONTHS. Mr. Brubaker said with this amendment, the moratorium would be extended for six months from the date of publication, late February 2018. Councilmember Mesaros suggested extending the moratorium from the expiration of the previous moratorium. Mr. Brubaker advised the current moratorium expired on August 15, 2018. Councilmember Tibbott recalled in the past he requested the Council consider excluding the school district from the moratorium. At that time, he was concerned the federal study would not be completed by July which in fact is the case and now the Council is considering extending the moratorium to February 2019. Edmonds City Council Approved Minutes August 21, 2018 Page 11 He was supportive of getting information from the federal study but did not want to hamstring the school district unnecessarily as they have programs to run, maintenance and student safety to consider and have property in several cities and Edmonds is the only city with a ban on SBR. He was supportive of the motion and the amendment but wanted the Council to be aware that as they kick the can down the road and wait for studies, there have also been studies favorable to the use of crumb rubber on school district property. He was supportive of the motion but was concerned about continuous extensions of the moratorium. Mayor Earling asked whether there were limits to the number of extensions to a moratorium. Mr. Brubaker answered there is no specific case law in Washington on extending moratoria. Issues have been raised in other jurisdictions such as a valid basis for extending the moratorium; an ad hoc extension without sufficient factual basis could result in a challenge. In this case the Council is awaiting the federal study, the California EPA study and results of Seattle's pilot project. With those findings in the resolution, extending the moratorium was appropriate. Once the studies are done, the Council will need to discontinue the moratorium and make a final decision. MOTION CARRIED UNANIMOUSLY. 8. COUNCIL COMMITTEE REPORTS 1. COUNCIL COMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Teitzel reported the committee discussed: • Amendments to the purchasing policy o The policy related to the use of City employees to perform public works projects until the accumulated costs of public works projects performed by them during a budget cycle meets ten percent of the City's public works construction budget will not preclude hiring a concrete crew. • June 2018 Quarterly Financial Report o Home sales continue at high rate but are slowing, higher supply and attenuating prices could be an early indicator o Telephone utility tax revenue is down substantially due to fewer land lines ■ Discussion at next meeting about additional accounting staff in Finance and Public Works which will then come back to City Council • Establishing construction funds in the Water, Stormwater and Sewer Utilities • Updated cost estimates on library roof • Amending the threshold in capitalization policy for WWTP due to the cost of equipment and to be consistent with other cities • Citizen Report was distributed Planning and Public Works Committee Councilmember Tibbott reported the committee discussed: • Interlocal Agreement between Edmonds And Mountlake Terrace for the Installation of an Adaptive Traffic Signal Control System along 220th Street from 76th Ave to I-5 — approved on Consent • Authorization to Purchase three police vehicles — approved on Consent • CIP/CFP process — committee requested staff discuss with Council earlier in process, perhaps September Public Safe1y, Personnel and Parks Committee Councilmember Fraley-Monillas reported a small parking lot on 4t' between Main and Dayton was converted to 3 -hour public parking. A code amendment was required to allow parking enforcement. Edmonds City Council Approved Minutes August 21, 2018 Page 12 8. MAYOR'S COMMENTS Mayor Earling reported he learned a new weather term used in the media, smoke storm, which has been occurring for weeks. He urged people to stay inside as much as possible. The City's youth activities have been moved indoors and the Mountlake Terrace -Edmonds softball game has been postponed. With regard to the 4" Avenue parking lot, Mayor Earling advised that was a conscious effort to expand parking downtown and once the code amendment is effective, the 3 -hour parking limit will be enforced. 9. COUNCIL COMMENTS Councilmember Johnson commented it was good to be back. She thanked Mayor Earling and City Clerk Scott Passey for facilitating her participation by phone. She thanked Councilmember Tibbott for allowing her to participate in committee meetings by phone and Council President Nelson and Councilmember Buckshnis for their support during her time away. Councilmember Mesaros thanked Councilmember Fraley-Monillas for chairing PSPP Committee last week so that he could attend the South County Fire Commission meeting and garner their support for an issue related to the SERS and Sno911 potential merger. Last week, the Sno9l l and SERS Boards met and approved the merger documents in concept; each board will now review the documents. A super majority is required to approve the merger which he anticipated could occur September/October. A merger would be a big step forward for public safety and the bond issue on the November ballot for a new radio system. The current system is over 20 years old and replacement parts have to be obtained from eBay because the vendor, Motorola, no longer manufactures the parts. Councilmember Mesaros relayed last week in Burien a 14 -year old boy was killed by a 16 -year-old when they were playing with an unsecured firearm. Last month the City Council approved ordinances related to safe storage for firearms and reporting of stolen firearms. The family of those boys did not know where the gun was obtained; an unsecured weapon brought into the house by one of the boys. That is what the ordinances seek to prevent in the Edmonds community. Council President Nelson extended the smoke warning for adults and children to pets, noting the smoke impacts pets as well and owners should keep them indoors as much as possible. Councilmember Fraley-Monillas relayed a text message she received that the online streaming and TV broadcast of the meeting were not working. She reported on Special Olympics baseball this weekend; the Edmonds Mavericks, coached by Edmonds citizen John Scanlon, took the silver medal for statewide games, winning 4 of 5 games. Councilmember Teitzel recalled the Council was informed about dangerous driving patterns on Pine Street between 9" Avenue and the ferry. Public Works and the Police Department have implemented some changes and plan to implement more changes to improve the situation and mitigate the dangerous driving. He complimented Mr. Williams and Chief Compaan for their work. Councilmember Buckshnis commented some people were around on May 18, 1980 when Mt. St. Helens blew ash throughout the area. She urged people to stay indoors if possible. Masks, N-95 or N-100, are available at Ace or the paint store. She feared smoke from forest fires may be more frequent in the future. 10. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.11 0(l)(1) This item was not needed. Edmonds City Council Approved Minutes August 21, 2018 Page 13 11. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 12. ADJOURN With no further business, the Council meeting was adjourned at 8:45 p.m. or DAVID 0. EAR iNG, MAYOR 5C P49EY, HTY C E Edmonds City Council Approved Minutes August 21, 2018 Page 14