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20180925 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES September 25, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Thomas Mesaros, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Shane Hope, Development Services Director Kernen Lien, Environmental Programs Mgr. Rob English, City Engineer Jeanie McConnell, Engineering Program Mgr. Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 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 with the exception of Councilmember Mesaros. 3. APPROVAL OF AGENDA COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 18, 2018 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 3. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES TOTALING AN AMOUNT UNDETERMINED. 5. AUDIENCE COMMENTS Edmonds City Council Approved Minutes September 25, 2018 Page 1 Doug Swartz, Edmonds, referred to Housing Task Force, a task force with members hand-picked by the Mayor, and found it appalling that many of the members do not live in or have a connection to Edmonds and a majority are in the homelessness business or building business. He challenged the task force to provide examples where input from the public changed anything in the document, noting most of the project was done out of the public's sight. Passage of the Housing Strategy will fundamentally and permanently change Edmonds. The zoning changes that will quickly be passed after the approval of the Strategy will present a field day for developers with the development of taller buildings and buildings with insufficient parking. At its core, the document is focused on removing regulations that have made Edmonds what it is and have kept developers responsible. These are the same tactics that have been repeatedly tried and failed in San Francisco, Portland and Seattle. He quoted the head of the Portland Police Union, "homelessness has turned Portland into a cesspool." The San Francisco Chronicle reported the San Francisco tourism industry struggles to explain the street misery that horrified visitors see. Examples of Seattle's failed efforts regarding the homeless are readily apparent in the local news. He requested the City Council form a new group of regular citizens, for and against the current document, to discuss in an open forum whether the current draft Housing Strategy is what citizens want. He requested the Council commit to taking no action on this document until they obtain citizen feedback. Even if Councilmembers agree with the draft document, it is their responsibility to listen to the arguments of their constituents. 6. PUBLIC HEARINGS PUBLIC HEARING FOR EXCELSIOR PLACE STREET VACATION Environmental Program Manager Kernen Lien explained additional information was received after staff prepared the agenda memo and recommendation. Therefore, staff requests that following public comment, the hearing be continued until next Tuesday. He reviewed: • Initiation of proceedings: o ECDC 20.70.050.13 - Petition of owners of more than two-thirds of property abutting the portion of street or alley to be vacated o Resolution No. 1417 set public hearing for tonight • Map identifying vacation request area • Right-of-way established via 20' right-of-way in the Edmonds Seaview tract in 1906 and has not been brought u to City standards since 1906 • ECDC 20.70.020 - Criteria for Vacation o The vacation is in the public interest o No property will be denied direct access as a result of the vacation • Vacation request an outgrowth of a lot line adjustment application the City received o One of proposed lots, Parcel A spanned the Excelsior Place right-of-way and City could not approve a lot that straddles a right-of-way o Applicants given options ■ Amend lot line adjustment so no parcels straddle the right-of-way or ■ Apply for a street vacation o Five existing lots of record ■ Public benefit of vacation - Allows lot line adjustment to proceed and minimizes potential impacts to critical areas - City no longer have responsibility and liability associated with right-of-way • Issues staff considered o Traffic Flow ■ Excelsior Place right-of-way improved in two places - Area between improved areas is steep so Excelsior Place unlikely to be extended - City received comment that some residents use improved area and private road to access 196'" St SW Edmonds City Council Approved Minutes September 25, 2018 Page 2 o Sight Distance ■ Required sight distance to turn left from 94th Place W onto Puget Drive is 300 feet; actual sight distance is 200 feet Aerial map of access based on Easements of Record o Properties that have rights to use 94th Place W o Private drive that connects 196th to improved area of Excelsior Place o Properties that has legal rights to use both In its previous recommendation, staff considered whether residents who have historically used the private road have prescriptive rights to continue. Staff received additional information since the staff report was prepared regarding how the area is signed and communications over the years. He displayed: • View into the right-of-way proposed to be vacated from the west and east • Photograph of private drive signs on the west and east • Applicants provided correspondence with residents on the west informing them this is not a public road and indicating on occasion they have stopped people driving on the private road • Staff plans to further research the turn from 94" Place W to Puget Drive o When some of the lots were platted in 1984, the City conditioned the plat to be right turn in/out from 94' Place W - Some striping remains hinting at right in/out - Drivers currently make left turns in/out • Utilities o Water and sewer mains exist in the right-of-way, installed by the applicant who is requesting the street vacation o Options • City maintain ownership and require utility easement ■ Applicant assume ownership of water and sewer mains - City typically relinquishes ownership at manhole; existing manholes result in private utility within the public right-of-way - Water meters would need to be moved back to the public right-of-way and separate water lines installed o Applicant proposed to give the City a utility easement and provide a turnaround for City and emergency vehicles • ECDC 20.70.140 Final Decision o Following the public hearing, the City Council shall 1. Adopt an ordinance granted the vacation; or 1. Adopt an ordinance granted the vacation; or 2. Adopt a motion denying the vacation; or 3. Adopt a resolution of intent were specific conditions must be met within 90 days a. Either i. Monetary compensation up to one-half fair market value ii. Grant of substitute public right-of-way iii. Any combination of a.i or a.ii Or b. Grant of an easement to the City in exchange for easement vacated Mr. Lien explained monetary compensation cannot be required if the City receives a utility easement. The appraised value of the right-of-way is $10,500; per City Code, if monetary compensation could be accepted, it would be half the appraised value or approximately $5,000. Edmonds City Council Approved Minutes September 25, 2018 Page 3 Staffs previous recommendation was to deny the vacation; given the additional information received since the staff report was issued, staff requests the City Council continue the public hearing to October 2 to allow staff time to consider the new information, conduct further research and reconsider its recommendation. Councilmember Tibbott referred to the map identifying the critical areas and asked if the stream is open or in a culvert. Mr. Lien answered it is open to the middle of the wetland area. Councilmember Teitzel said he drove to the site yesterday and looked at 94" Place West. As be exited south, he noticed a right turn only sign in addition to the yellow marking. He asked if drivers turning left were breaking the law. Mr. Lien answered staff will research that. Applicant Duane Landsverk, agreed 90 Place W was signed no left turn but most officers have been fairly lenient when issues have occurred there over the years as the sign has been missing at times, etc. Even prior to 1984, that intersection was difficult. That condition will not change for the existing lots that use that intersection. He was confused with staff s concern with that situation when new lots were not being created. The lots exist; their goal is to create a better situation and avoid building on a critical slope, in a wetland or next to a stream. This intersection is a problem and they support having the City resolve an issue that was allowed in 1984. He appreciated the neighbors' concerns, but they are not proposing any change to the intersection. He was not prepared to make a presentation tonight as staff planned to request the public hearing be continued. He requested an opportunity to provide additional information next week. Mayor Earling opened the public participation portion of the public hearing. Jerry Janacek, Edmonds, resident to the north of the requested vacation, said the notice of public hearing that he and his neighbors received stated, Dedication of a Portion of Excelsior Place Adjacent to the Property Located at 1951194' Place West. Most of the residents have lived in their homes for 30-40 years and were here to ask questions: 1. Vacation is often a process used for real estate development. Is this the ultimate intent of this request? 2. If this is a correct assumption, how much of the several acres of greenbelt would potentially be developed? 3. Does the City have a policy to reduce or eliminate greenbelts and would this be one of the effects? 4. Since the nearby property is located on a steep slope along a ravine with a year-round stream, how would this impact nearby properties? Stream requires 75 -foot setbacks; an issue if the property is to be developed. 5. As there are owls, woodpeckers and other wildlife in this area, is an Environmental Impact Study needed? In summary, what impact would this proposed change to Excelsior Place have on their neighborhood? He submitted written comments. Hearing no further comment, Mayor Earling closed the public participation portion of the hearing. Mr. Lien said the public hearing is solely on the vacation request which was precipitated via the lot line adjustment so he was hesitant to talk about the criteria for lot line adjustment versus the vacation. Minimizing impacts to the critical areas is one of the public benefits provided by vacation. He identified the location of the five existing lots of record. Accessing some of those lots would require crossing a steep slope, going through a wetland, and across the stream and development would likely occur through the critical area reasonable use exception variance process and would likely impact some of the critical areas. The lot line adjustment rearranges the existing five lots to provide more building area outside the critical areas and critical area buffers. Edmonds City Council Approved Minutes September 25, 2018 Page 4 Mr. Lien explained if/when development applications are submitted on the lot line adjustment, they would be subject to critical area review. If they are within 50 feet of the top of the slope, geotechnical reports would be required; if they are within 200 feet of the wetland, they would be likely to require a wetland determination. The boundaries of the wetlands are known but not the classification; the classification and habitat score determine the buffer. With regard to critical areas and environmental concerns, they would be considered in accordance with the City's regulations at the time of development review. With regard to the question about the intent to further develop the area, Mr. Landsverk answered the purpose of this exercise was to limit the amount of development. They are not proposing a land action application, simply a boundary line adjustment to avoid the critical areas. Doing the vacation in conjunction with the boundary line adjustment will allow the home sites to be located in the least critical, flattest area of the 11+ acres. Councilmember Buckshnis suggested superimposing the critical area map on the map of the boundary line adjustment lots. As there are a lot of wetlands, native birds, trees and nature in this area, it would be helpful to see how that is impacted. She asked whether an Environmental Impact Statement (EIS) would be required. Mr. Lien answered street vacation, lot line adjustment and single family development are all exempt from SEPA review, therefore, an EIS is not required. Councilmember Buckshnis asked about the zoning of the area. Mr. Lien answered it is RS -12. Councilmember Buckshnis recalled across street the RS -12 zoning was changed to RS -8. Mr. Lien said a Comprehensive Plan change would be required to change the zoning from RS -12. Councilmember Teitzel recalled Mr. Lien's comment that if the vacation were granted, a water meter would need to be installed at the boundary of the vacation. He asked if only one home to the east is served by that water line or would multiple meters and water mains need to be installed to serve those residents. Engineering Program Manager Jeanie McConnell explained if the City were to relinquish ownership of a portion of the water main and it became private, the water meters for properties served from that portion of the public main that would then be private would have their water service relocated to the public portion of the main and spaghetti lines installed from the meter to those homes. She asked how many homes are currently served from the portion of water main adjacent to Mr. Landsverk's property. Mr. Landsverk said one home. Ms. McConnell explained if the City relinquished more of the public main beyond the area of vacation and further west where Excelsior intersects with 90 Place West, additional homes would have their water services relocated. Councilmember Teitzel asked the cost to the City for installing new water meters and reconfiguring the sewer main if the vacation were granted. Ms. McConnell answered the City would need to do new taps on the water mains and set new meters; those costs would be the applicant's as a condition of the vacation. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO CONTINUE THE PUBLIC HEARING FOR EXCELSIOR PLACE STREET VACATION TO OCTOBER 2, 2018. MOTION CARRIED UNANIMOUSLY 2. PUBLIC HEARING TO CONTINUE MORATORIUM ON DEVELOPMENT OF RESIDENTIAL UNITS IN THE BD ZONING DISTRICT WITHOUT ON-SITE VEHICLE PARKING SPACES Development Services Director Shane Hope explained when permits were issued for a property downtown under the existing code which allowed buildings in the BD zone not to provide parking if the building footprint was 4800 square feet or less, staff approved it based on the existing code. To allow the Council, Planning Board and public to weigh in on appropriate regulations for parking in the BD Zone, the Council Edmonds City Council Approved Minutes September 25, 2018 Page 5 approved a moratorium on August 21 on the development of new housing units that do not have on-site vehicle parking. That ordinance also set a public hearing date for September 25th so the Council can determine whether to continue the moratorium. If the Council chooses not to take action to continue the moratorium, the moratorium automatically expires. The packet includes a resolution with findings that would continue the moratorium for six months. Staff will work on updating the code with regard to that specific issue which requires a significant public process. In February, Council could take action to extend the moratorium or the Council could end the moratorium sooner if the code is updated sooner than six months. Councilmember Fraley-Monillas commented when there were already such difficulties with parking, it was a tragedy that this had occurred. She encouraged the Council to support the moratorium to allow staff time to recommend amendments to require on-site parking. Mayor Earling opened the public participation portion of the public hearing. Michelle Dodge, Edmonds, explained after seeing this in the news, she conducted some research including speaking to neighbors. She learned when this was reviewed by the Planning Board three years ago, the neighbors expressed concern about the lack of parking including one neighbor who submitted a letter to the Planning Board. She was concerned that apparently the Planning Board was not talking to the Council. In April 2018, My Edmonds News referenced an April 24th presentation to the Council regarding new developments which touted these Beach Walk apartments as well as the Westgate Apartments although the lack of parking was not mentioned at that time. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Buckshnis recalled the presentation Ms. Dodge referenced, noting at that level, the Council does not inquire about parking nor is there a large enough schematic provided to illustrate parking. She did not recall the Planning Board reviewing that project. Ms. Hope answered it would not have come to the Planning Board because it was allowed outright under code. Environmental Programs Manager Kernen Lien advised it went to the Architectural Design Board (ADB). Ms. Hope explained the ADB reviews the design, but they cannot make a decision on the parking requirements. She was not aware there was no parking required for that building until one of the residents expressed concern. When this issue first arose and it was determined the code allowed it outright, she was asked how that was included in the code. In checking with staff, the only thing they could remember was maybe the Council wanted small buildings to be allowed without requiring parking. However, there are no records regarding the intent. Councilmember Buckshnis asked if the moratorium is for all BD zones. Ms. Hope answered it is all the BD zones but only affects residential development in the BD zones. It does not affect other zones, but that is not allowed in any other zones. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT RESOLUTION NO. 1418, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS OF FACT TO SUPPORT THE ADOPTION OF ORDINANCE 4124 WHICH ESTABLISHED A MORATORIUM ON CERTAIN TYPES OF RESIDENTIAL DEVELOPMENT IN THE BD ZONES. MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING ON CRITICAL AREA REGULATIONS FOR WETLANDS Environmental Programs Manager Kernen Lien reviewed: • Background o Completed comprehensive CAO update in May 2016 Edmonds City Council Approved Minutes September 25, 2018 Page 6 o June 2016 Department of Ecology Issues updated Wetland Guidance in Publication No. 16-06- 001 o Updated Wetland Guidance Incorporated into Shoreline Management Program o Shoreline Management Act vs. Growth Management Act ■ Shoreline Master Program applies in shoreline jurisdiction ■ CAO applies outside of shoreline jurisdiction o SMP Periodic Review SMP Excepted Sections o ECDC 23.50.010.13, Wetland Ratings. o ECDC 23.50.040.F.1, Standard Buffer Widths. o ECDC 23.50.040.F.2, Required Measures to Minimize Impacts to Wetlands. o ECDC 23.50.040.K, Small, Hydrologically Isolated Wetlands History repeats itself (almost) o Public Hearing before Planning Board on July 11, 2018 o Ecology issues new wetland guidance on July 12, 2018 ■ "If you are a local planner in the process of updating your CAO, we recommend that you use these modified wetland buffer tables in your update." Ecology 2018 Wetland Guidance o "We made the changes based on public feedback and our own review of the reference wetland data used to calibrate the Washington State Wetland Rating System. We knew we needed to make modifications in the grouping of habitat scores." o Wetland Buffer Requirement Tables 2016 Table XX.1 Wetland Buffer Requirements for Western Washington If Table XX.2 is Implemented and Corridor Provided Buffer Width (in feet) based on habitat score Wetland Category 3-4 5 6-7 8-9 Cate o 1: Based on total score 75 105 165 225 2018 Table XX.1 Wetland Buffer Requirements for Western Washington If Table XX.2 is Implemented and Corridor Provided Buffer Width in feet based on habitat score Wetland Cate oa 3-5 6-7 8-9 Category 1: Based on total score 75 110 225 Other minor amendments o ECDC 23.50.020.E — Wetland activities • Related to expansion of a structure that does not increase "footprint of development" ■ New section ECDC 23.50.040.J — Development Proposals within the Footprint of Existing Development o . ECDC 23.50.040.G.3.d — buffer averaging scrivener's error Staff recommendation o Direct staff to prepare ordinance for further consent agenda Councilmember Tibbott inquired about the redlined Section E on page 279 of the packet. Mr. Lien explained expansion of a structure that does not increase footprint of development is an allowed activity in 23.50.020.E so a critical area report is not required; ECDC 23.50.40.J still allows it, but requires enhancement at a ratio of 1:1. Due to the conflict, 23.50.020.E should have been deleted in the earlier update. Councilmember Tibbott provided an example, on 1,000 square foot parking lot, a 100 square foot shed would be allowed activity because they were not changing the footprint. Mr. Lien answered in 23.50.020.E it would be an allowed activity; under 23.50.40.J it is still allowed but 100 square feet of Edmonds City Council Approved Minutes September 25, 2018 Page 7 mitigation or enhancement to the critical area would be required. Councilmember Tibbott asked what that mitigation would look like. Mr. Lien answered it was likely to be buffer enhancement. Many streams and wetlands in the City have lawn or development up to the edge of the critical area; the intent is to enhance the buffer through additional plantings to provide a more functional buffer. Councilmember Buckshnis asked about the wetland category for the Edmonds Marsh. Mr. Lien answered the marsh is a Category I estuarian wetland. The 2016 and the 2018 guidance did not change because the buffer on estuarian wetlands are not based on habitat score. Estuarian wetland was not called out in the current CAO; there is Category I-fV based on habitat and only Category I Estuarian wetland. The Category II Estuarian Wetland is included in the SMP with a 115 -foot buffer. Councilmember Buckshnis inquired about setback. Mr. Lien advised setback is addressed in a different section of the code and that is not proposed to be changed. Mayor Earling opened the public participation portion of the public hearing. Roger Hertrich, Edmonds, commented on polluted water that enters the marsh, noting he had never seen additional controls on waterways or drainage that enters the marsh from uphill. He questioned whether a study had ever been done regarding what exists uphill that might pollute the marsh. He recalled last week's discussion regarding the Waterfront Connector and past plans to move the ferry to Pt. Edward. He questioned how the marsh buffers would affect construction at Pt. Edwards. Hearing no further public comment, Mayor Earling closed the public participation portion of the public hearing. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO DIRECT STAFF TO PREPARE AN ORDINANCE CONSISTENT WITH THE UPDATES PROPOSED IN EXHIBIT 4 FOR A FUTURE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 4. PUBLIC HEARING ON MORATORIUM EXTENSION ON CRUMB RUBBER ATHLETIC FIELDS Council President Nelson recalled The City Council originally adopted the crumb rubber moratorium with Ordinance 4013 on December 8, 2015. That moratorium has been extended several times, most recently via Ordinance 4125 on August 21, 2018 to extend the prohibition of certain installations of SBR (styrene - butadiene rubber) on public lands in the City of Edmonds for six months. The moratorium extension requires a public hearing within 60 days. Mayor Earling opened the public participation portion of the public hearing. David Morton, Redmond, expressed support for Edmonds' moratorium extension on crumb rubber athletic fields. More definitive information on crumb rubber's effects on people is still needed and he applauded the Council for continuing its precautionary ban on the use of crumb rubber. Some people who support the use of crumb rubber have chosen to accept the results of a January 2017 report of the Washington State Department of Health (DOH). The authors of the report admit "assurances of the safety of artificial turf are limited by lack of adequate information." In the study the DOH set out to determine whether the number of cancer diagnoses among soccer players reported to DOH was higher than would be expected of a random sample. However, the study was poorly designed to accomplish this goal and the conclusions in the report are not supported by the studies' own data. The report uses an informal, incomplete list of cancer cases compiled by Amy Griffin, a University of Washington soccer coach; this list cannot be assumed to represent all cases of cancer among soccer players in Washington. The report presents an invalid and misleading calculation of an observed to expected ratio. No systematic effort was made to identify all Edmonds City Council Approved Minutes September 25, 2018 Page 8 the individuals with observed cancers. Based on fallacious calculations, faulty logic and faulty methodology, the only valid conclusion to be drawn is that Coach Griffin's list should not have been used as the total number of observed cancers. The report makes a number of misleading, confusing and irresponsible statements about its scope, creating the false impression that the DOH has assessed the relationship between artificial turf exposure and cancer risk. DOH's report is a travesty of science and many of its conclusions and recommendations are without value. He applauded the Council for continuing its precautionary ban on the use of crumb rubber. Roger Hertrich, Edmonds, expressed support for the ordinance continuing the ban and efforts to ensure public safety, noting the school district seems to have a different attitude. When this was first discussed, he attended a number of school district meetings and was turned off by the administration who wants crumb rubber on their fields. He referred to the list of reasons in the ordinance, noting there was nothing about runoff and the pollution of creeks and streams that eventually reach the marsh and Puget Sound. He suggested that be added to the ordinance. He questioned whether reference to public lands in the ordinance included school district property. Hearing no further public comment, Mayor Earling closed the public participation portion of the public hearing. For Council President Nelson, City Attorney Jeff Taraday explained the Council adopted an extension of the moratorium on SBR installations on August 21, 2018 which will expire February 21, 2018; a public hearing is required within 60 days. No other action is required. Observing there has been a delay in the release of federal studies as well as the California study, Councilmember Teitzel asked whether the moratorium could be extended again if those studies are not available for the Council to make a final decision. Mr. Taraday answered there is no reason the City Council cannot continue to extend this ban until it is comfortable with the results and makes a decision regarding the use of the material in public facilities. Until that happens, periodic extensions are appropriate, especially when the Council is awaiting the completion of additional scientific studies. As those studies are being conducted by independent governmental agencies, the Council has no control over the timing of those studies. It is up to the Council to decide whether they want to wait until those studies are completed. 7. ACTION ITEMS 1. 2018 SEWER REPLACEMENT CHANGE ORDER Public Works Director Phil Williams explained the Council has been briefed on this project three times; this summer the sewer main was replaced in Civic Field to 7" Avenue in between City celebrations in the venue. As the project proceeded east on Edmonds Street, problems with the subsurface began to arise. Additional costs were incurred to remove the existing pile system and to address contamination created by creosote -treated poles that supported the foundation. City Engineer Rob English recalled a presentation was made to Council in early August that focused on, 1) the charge order to bury the dewatering system at Civic Field to protect citizens attending events, 2) additional pavement reconstruction in 7" Avenue, 3) contaminated materials discovered in Edmonds Street, and 4) efforts to install the sewer main in that area. He displayed a photograph of the existing pile supported sewer main that was removed and was not part of the original contract and a photograph of one the creosote timber piles supporting the concrete blocks that had to be disposed of. The original contract acknowledged there was peat in Edmonds Street; peat has a high level of organics and has settlement issues depending on water levels and loading conditions. Edmonds City Council Approved Minutes September 25, 2018 Page 9 The original contract included a design to install the new sewer main with an envelope of lightweight backfill that would prevent loading on the peat layer. After installing 120 feet of sewer main in Edmonds Street, the contractor had concerns and conducted a video inspection that discovered the sewer pipe was settling in several locations. At that point, Option 1 was developed: excavating the peat layer (about 18-20 feet) to reach bearing soil and backfill with concrete to establish a foundation for the new pipe. That worked for the first 70 feet but then the bearing capacity of that soil became deeper (23-25 feet) and could not be excavated with the contractor's equipment. Option 2 was then developed with the contractor installing wood piling at 10 -foot intervals for the remaining 100 -foot section into bearing soil with a support system for the pipe. A video inspection of that section found two areas where the pipe had become oblong due to the weight on the pipe. Mr. English explained a 3' option is being developed to solve that issue. He displayed a drawing, creating a T -support through fiberglass reinforcement board over the existing pipe to distribute the deadload of the material above and spread the load away from the pipe. The pipe was also replaced with ductal iron, a more rigid pipe that could support a higher load. He described: • Extra work items (estimated cost) Description Original Estimate Current Estimate Dewatering System Estimate $1,159,091 $175,000 Pavement Repairs Estimate $80,000 $ 47,000 Contaminated Materials T -BB $ 65,000 Edmonds Street Sewer T -RB $275,000 CIPP Substitution $41,400 Tax 2,3,4) $1,565,091 $ 39,900 Total $560,500 • 2018 Sewer Replacement Project Description Original Budget Current Budget Construction Contract $1,159,091 $1,159,091 Management Reserve $ 232,000 $ 232,000 Construction M mt $ 174,000 $ 254,000 Additional Mgmt Reserve (August 7, 2018 $ 250,000 Additional M mt Reserve $ 155,000 Total $1,565,091 $2,050,091 • Recommendations o Authorize Change Order for the sewer in Edmonds St. (Estimated @ $275,000+tax=$304,000) o Increase the Construction Management Budget by $80,000 and Management Reserve by $155,000 Councilmember Johnson relayed this was presented to the Parks & Public Works Committee who recommended it be presented to the full Council. She asked the age of the pipe that is being replaced. Mr. English answered 20-30 years. Councilmember Johnson commented the concept of the sewer replacement plan is a 100 -year life. She asked whether it was anticipated the lifespan of the new pipe would only be 20- 30 years. Mr. English advised staff had that same discussion today; the rate of settlement of the peat layer is unknown. Staff anticipates this sewer main will not have the same life expectancy that other sewer mains have and there may be enough settlement in 20-30 years that bellies or a reverse slope develops like happened to the previous pipe. He summarized it was difficult to predict but a full service life from this sewer pipe is not anticipated. Edmonds City Council Approved Minutes September 25, 2018 Page 10 Mr. Williams referred to the diagram of the 3rd option, commenting they asked the contractor if that had ever been done before and the contractor said no, but there was no reason why it shouldn't work. Assuming it works, 12-15 inches of settlement could occur without putting any additional load on the sewer pipe. He agreed with Mr. English it is difficult to predict whether this is a 100 -year solution. Peat is like pudding; the pipes are well grounded and theoretically the brackets could be adjusted to raise the sewer line. There have been discussions about drilling a hole in the top plate to measure the pipe's movement. Councilmember Johnson suggested providing the Council a basic understanding of the geology, what peat is, and how large an area there is. Mr. Williams answered staff has a generalized sketch that may represent the lateral limits of the peat. When the dewatering was done, there was concern it might impact adjacent houses' foundations and driveways but that has not happened. Several markers were surveyed in immediately adjacent homes and if any settlement has occurred, it was in the range of 1/8 inch, but predicting what will happen over time is difficult. Councilmember Tibbott inquired about the source of revenue for this project. Mr. Williams answered is from the Sewer Fund. Councilmember Tibbott asked if the effect of the additional cost for this project will be fewer sewer replacement project next year. Mr. Williams agreed, the capital program is balanced to match rate revenue. Mr. English recalled the August presentation identified savings in last year's project which reduces the impact on next year's projects. Councilmember Teitzel commented the discovery of the wood pile and concrete cap system was somewhat of a surprise. Mr. Williams agreed it was, there were no records that showed that which was somewhat surprising considering it occurred only 30 years ago. Councilmember Teitzel questioned rebuilding that same structure, wood piles to hard pan, and asked why metal or concrete pilings that would not degrade in a wet environment were not being used. Mr. Williams did not expect they would degrade quickly in that environment. Some of the reason was expediency and some of it was cost. More elaborate designs were considered but they were very expensive. It is not a not a very long sewer line in this area so they tried to identify a cost effective solution that would not put extra load on the sewer pipe. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AUTHORIZE CHANGE ORDER FOR THE SEWER IN EDMONDS ST. (ESTIMATED @ $275,000+TAX=$304,000) AND INCREASE THE CONSTRUCTION MANAGEMENT BUDGET BY $80,000 AND MANAGEMENT RESERVE BY $155,000. MOTION CARRIED UNANIMOUSLY. 2. INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH SOURCEWELL (MINNESOTA) Public Works Director Phil Williams apologized the information he intended to include in the agenda packet did not get submitted. He suggested scheduling the Interlocal Agreement on next week's Consent Agenda. Mr. Williams explained the City has been using cooperative purchasing agreements for a long time, the most prominent is the Washington State purchasing agreement, usually for vehicles. A few years ago, the City executed an interlocal agreement to join the Houston Galveston Area Council (HGAC) who sources a product, analyzes it, takes it to bid, and negotiates the lowest price which other government al agencies can then use to buy equipment. Another is NJCP in Minneapolis, recently changed to Sourcewell, that has over 50,000 members. Rather than create specifications and seek authorization to bid, etc. staff is seeking authorization to purchase a video truck for the Stormwater Department via Sourcewell. During this year's audit, the auditor pointed out State law requires an interlocal agreement to do that. The Council was agreeable to having this item scheduled on next week's Consent Agenda 8. COUNCIL COMMITTEE REPORTS Edmonds City Council Approved Minutes September 25, 2018 Page 11 1. COUNCIL COMMITTEE REPORTS AND MINUTES Finance Committee Councilmember Buckshnis reported on September 11 meeting: • Business License Minimum Threshold and Definition of Engaging in Business — ordinance will be presented to Council by yearend ■ July 2018 Financial Report • Review of UB Penalty Adjustment Policy — staff will develop policy • Public Facilities District Bond Refinancing — PFD will refinance their 4.25% bonds bond with 7 years remaining via a loan with a 3% interest rate for 10 years, collateralized by a $2.8 million CD purchased by the City with a 2.1% return. Councilmember Teitzel reported on the September 20 meeting: • Senior Center Lease Amendment Proposal o Senior Center reported ■ Details about financing package • Have raised$11M toward their $16 M capital fundraising target ■ Discussed financial risk to the City if the Senior Center does not reach their fundraising targets financial targets, funds to support operation costs, landscape maintenance, and future assumptions ■ Mr. Fleming and Mr. Johnson will present details to Council in November Parks & Public Works Committee Councilmember Tibbott reported on items the committee discussed: • Interlocal Agreement with Edmonds School District for Meadowdale Preschool • 2018 Sewer Replacement Change Order ■ Striping project Main & 9th o Intersection currently at LOS D, close to LOS D o Staff developed concept to restripe to allow right turns on each leg of intersection o Will bring intersection to LOS C • Project updates o Paving projects due to strike o Public meeting in Brackett Room regarding Pine Street ■ Staff will be implementing solutions Public Safety, Personnel & Planning Committee Councilmember Fraley-Monillas reported: • Reviewed Finance Manager for Public Works and Senior Accountant in Finance o Committee supported Finance Manager but had questions regarding the Senior Accountant 9. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Teitzel reported on: • Snohomish County Cities o Update on Snohomish County emergency radio system replacement project ■ System is failing, no longer supported by vendor and replacement parts are difficult to find ■ $70 million ballot measure via a 0.1% sales tax increase to fund the replacement, maintenance and future upgrades will be on an upcoming ballot Historic Preservation Commission o Plaque ceremony at the Scalf House at 6" & Fir, built in 1910 Edmonds City Council Approved Minutes September 25, 2018 Page 12 PSRC Transit Oriented Development Committee o Continuing work on transit portion of Vision 2050 0 1.8M people will be living in the Puget Sound area by 2050. ■ Vision 2050 focuses on how to house them and move them around via transit • PSRC goal to absorb 44% of that population growth within '/2 mile of transit stations. - Assumptions behind that goal will be forthcoming o Presentation on 300 unit Arete development in Kirkland ■ Concept to create housing within walking distance of work and/or transit corridors ■ Includes market rate and below AMI housing ■ Very low parking requirement -'/2 space per unit ■ Development very popular and successful, waiting list for tenants ■ A field trip to the development is planned Councilmember Buckshnis reported on: • WRIA 8 meeting (she was unable to attend due to special Finance Committee meeting) o Agenda included 2019 federal and state priorities which include the Ballard Locks. • Puget Sound Partnership is meeting Thursday o Reviewing 2019 priorities which includes Orcas, Puget Sound cleanup and Tribal rights • Tree Board o Gave out free trees at Saturday Market o Arbor Day celebration 9-12 on October 6 at Meadowdale Clubhouse ■ Planting native trees in greenbelt area • Climate Protection Committee meeting is meeting Thursday. Council President Nelson reported on: • Snohomish County Emergency Radio System (SERS) o Continued discussion regarding SERS and Snohomish County 911 merger. • Hope to have merger vote on October 4 • Lodging Tax Advisory Committee will be meeting soon Councilmember Tibbott reported on: • Economic Development Commission o Report on the City's sources of revenue ■ Auto sales and construction are still leading sources of revenue • PSRC reports both categories are softening in other cities. • Port of Edmonds o Successful paving program this summer ■ Better to do smaller portions of parking lot more frequently so will be on annual schedule o Removed roots that were plugging a drain system which prevents water pooling in parking lot Councilmember Fraley-Monillas reported she attended 12 meetings this month. She highlighted the following: ■ Snohomish County Transportation Coalition (SNOTRAC) o In progress of obtaining PSRC grants to provide transportation for people who do not drive particularly from rural areas o Meadowdale could be considered a rural area in Edmonds because does not have good bus connections o Hopeful will obtain sufficient funds for the next biennium Snohomish County Law and Justice Committee o Snohomish County Diversion Center ■ Opening delayed by Department of Health licensing issues Edmonds City Council Approved Minutes September 25, 2018 Page 13 • Served 187 people to date ■ Average stay 13.5 days ■ 59 people opted out and did not stay for full treatment ■ 106 males and 62 females ■ Total of 44 beds ■ 10% of Washington State population is in Snohomish County but 19% of the overdose deaths are in Snohomish County ■ Embedded Police Department social workers are assisting transporting to/from appoints ■ Diversion Center clients must be from a city with an embedded social worker Councilmember Johnson reported on • Two Long Range Financial Planning meetings o Intent is to bring policies to Finance Committee and then to Council • Attended Historic Preservation Commission Plaque Dedication for the Scalf home that was added to the Historic Registry 10. MAYOR'S COMMENTS Mayor Earling reported tomorrow is the ribbon cutting for the new Magic Toyota, a facility that will bring great rewards to the City on many levels. He encouraged Councilmembers to attend Snohomish County Tomorrow's annual meeting tomorrow at 5:30 p.m. at the Everett Transit Center. 11. COUNCIL COMMENTS Councilmember Teitzel commented he has attended a number of meetings about the City's Housing Strategy, most recently the Mayor's Town Hall where a number of comments were made about the Housing Strategy. He said the City needs to be a better job communicating its plans. The plan is currently in draft form and has not been finalized, but he continues to hear comments from citizens such as expressing concern with a low income, drug alcohol and offender project near 84th Avenue West. He said that is a misperception about the project and the City needs to better communicate its plans for future projects. He will personally strive to communicate to citizens better with regard to the Housing Strategy and he encouraged Councilmembers to do the same. Councilmember Buckshnis echoed Councilmember Teitzel's comments, noting the Council's process is very slow. Although people may think the Council can make decisions rapidly, it is necessary to following the fact-finding protocol. The Council is currently in the fact finding and learning stage; there will be a time when each Councilmember can provide their opinions and amendments to the plan. She encouraged everyone to let the public process proceed and everyone will be happy. In response to citizen comments regarding the Housing Strategy, Councilmember Tibbott said when he was elected to the Council, he was involved with a transportation issue in his neighborhood and thought it could easily be resolved in 5-10 months. At the end of three years, there was still no solution although several scenarios had been discussed. The Housing Strategy is similar; there is a fact finding stage and a report with recommendations that includes suggestions and ideas some of which are literally a brainstorm. Citizen input is still being gathered and the Council is interested in what citizens have to say. He has learned a lot from the comments and asked everyone to invest in the process, speak as clearly and precisely about the facts, and work toward a solution that is good for the entire City. Councilmember Tibbott reported on a boating excursion he and his took with his son, commenting Edmonds residents live in the greatest place in the world and he hoped everyone had an opportunity to enjoy their surroundings Edmonds City Council Approved Minutes September 25, 2018 Page 14 Councilmember Fraley-Monillas said the Council is hearing that citizens are not feeling that they are being heard clearly with regard to the Housing Strategy. She was hopeful more information would be forthcoming and information could be provided to correct misinformation. She was supportive of Council President Nelson's plan to hold Town Hall meetings and commented on the importance of elected officials listening to the public. Councilmember Fraley-Monillas reported on produce she purchased at the Saturday Market and the fabulous blackberry raspberry blueberry pie she made and well as a chicken stir fry made with peppers from the market. She encouraged the public to visit the Saturday Market in the remaining two weeks; the fruits and vegetables are fabulous. Councilmember Johnson reported there will be a Homelessness Panel on at 6:30 to 8:00 p.m. on Thursday at the Edmonds United Methodist Church on Caspers Street by the Neighborhood Action Coalition. She encouraged Councilmembers to attend the Snohomish County Tomorrow General Assembly on Thursday from 5:30 to 8:00 p.m.in the Weyerhaeuser Room at the Everett Transit Center, an opportunity for elected officials in Snohomish County to gather to listen to Snohomish County Executive, the Transportation Secretary and many other interesting discussions. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(I)(i) This item was not needed. 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 14. ADJOURN With no further business, the Council meeting was adjourned at 9:05 p.m. P� VID O. EARLING, MAYOR PASSEY, TY RK Edmonds City Council Approved Minutes September 25, 2018 Page 15 m