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20181016 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES October 16, 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 Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Dave Turley, Assistant Finance Director Rob English, City Engineer Steve Fisher, Recycling Coordinator Brad Shipley, Associate Planner 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 7:02 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. 4. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 9, 2018 2. APPROVAL OF CLAIM CHECKS. 3. AUGUST 2018 MONTHLY FINANCIAL REPORT 4. CRITICAL AREA REGULATIONS ORDINANCE FOR WETLANDS 5. STREET DEDICATION AT 7922 180TH AVE W Edmonds City Council Approved Minutes October 16, 2018 Page 1 6. STREET DEDICATION AT 18807 88TH AVE W 7. PEDESTRIAN EASEMENT AT 8609 244TH ST SW 8. WWTP JOB DESCRIPTIONS 9. EXCELSIOR PLACE STREET VACATION - RESOLUTION OF INTENT TO VACATE 5. PRESENTATIONS 1. PRESENTATION OF POLICY RECOMMENDATIONS FROM DIVERSITY COMMISSION Economic Development/Community Services Director Patrick Doherty explained he provides support to Diversity Commission activities, programs and events. Over the past 18 months, the Commission has been studying issues related to diversity, equity and inclusiveness in the community and especially City government. He introduced Chair Diana White and Vice Chair Donnie Griffin. Chair White identified Commissioners Pat Valle, Ed Dorame, Brian Potter and Dean Olson in the audience. She thanked the Council for the opportunity to share the work the commission has done over the last few months and for allowing the Diversity Commission to exist and advance the issues of diversity, equity and inclusion in the community. Vice Chair Griffin reviewed: Background As part of its 2018 work plan the commission was inspired by the following two key components of the Diversity Commission's mandate, as laid out in the Edmonds City Code 10.65.040: o Recommend to the Mayor and City Council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community, and o Support, challenge and guide government and the community to eliminate and prevent all forms of discrimination ■ Consequently, a subcommittee of the Commission spent over 100 hours across a span of 18 months interviewing seven department heads, the Mayor and two Councilmembers to learn more about their experiences, environments, perspectives and provide an oversight on how City government works ■ Upon conclusion of the interviews and review of the information gathered, the Commission developed a set of recommendations for consideration by the Mayor and/or Council as appropriate. Recommendation #1 ■ Edmonds has had several discriminatory incidents in the past several years, such as, the "noose" incident, swastikas on cars/schools, Harvey's Tavern incident, and Meadowdale school incident. We recommend doing all we can do to create visibility of a caring community which embraces inclusiveness, equity and diversity. o Rationale ■ To highlight a community value throughout Edmonds that we seek to be free of discrimination, recognizing that all people are unique, respected and embraced for their differences. o Suggestions for Implementation ■ Create stickers/signs using our diversity logo to pass out to businesses throughout the community. • Install diversity flags on city light poles throughout Edmonds to highlight city boundaries and to show inclusiveness to all within the city and those who visit. Edmonds City Council Approved Minutes October 16, 2018 Page 2 ■ "Diversity Embraced Here" signs as you enter the city on Highway 104 and Highway 524/Puget Dr. ■ Work with other community and business organizations on these and other similar activities. ■ Public Service Announcements (PSA) — Channel 21 (and/or social media). Recommendation 42 • Some department heads and others interviewed mentioned incidents of inappropriate, bias -related behaviors and interactions in various departments. In order to minimize the chance of such incidents being repeated and to promote diversity, equity and inclusion amongst employees, the Diversity Commission recommends partnering with the Edmonds City Wellness Committee. This partnership would allow the Diversity Commission to introduce diversity education as part of the City's existing health and wellness program. o Rationale ■ By being involved in the Wellness Committee, it gives the Diversity Commission the opportunity to supplement the Wellness Committee's program with aspects of diversity, inclusion and equity. ■ By partnering with the Wellness Committee, we hope to reach as many employees and families as possible. o Suggestions for implementation ■ Implicit/Explicit bias education should be included in the new employee orientation training. In addition, it is recommended that Directors of each department who make hiring decisions also be included in the Implicit/Explicit bias education. ■ HR Director would work with the Diversity Commission's Partnership committee to advertise job openings, in hopes of attracting equally qualified diverse applicants. Recommendation #3 To affirm to citizens and city employees that Edmonds is committed to following through on discriminatory and/or hate crimes reports, from first report to resolution, the Commission recommends to have in place transparent, accessible, safe and secure protocols. o Rationale ■ To provide assurance to the public and employees that incidents negatively affecting their well-being will be appropriately handled in a result -specific, transparent and impartial manner. o Suggestions for implementation ■ Establish a taskforce to review existing processes and procedures 1) for City employees and volunteers, and 2) for the general public to report and seek resolution of bias -related incidents, with a goal to develop recommendation(s) to the Mayor and City Council regarding enhancements to ensure that reporting and follow-through protocols be timely, visible, accessible, result -specific, transparent and impartial. ■ Create an annual review of any such enhancements to reporting and follow-through protocols, as well as reported incidents, with City Council, Mayor, and Diversity Commission leadership for continuous improvement purposes. Recommendation #4 • As the demographics of our city quickly change, the Commission recommends engaging the City Council in the development of a leadership vision regarding diversity, equity, and inclusion. (Three, five, and ten-year period, as strategic planning benchmarks.) o Rationale ■ The goal is to create a welcome and safe community for all. ■ Create an avenue for citizens of our diverse communities to become more involved. o Suggestions for implementation Edmonds City Council Approved Minutes October 16, 2018 Page 3 ■ Engage all City Council members in a regular dialogue about issues of diversity, equity, and inclusion. ■ Create a dialogue opportunity for the Diversity Commission at the City Council retreat. ■ Recommend the City hire an outside, independent consultant to review City policies and procedures regarding diversity, equity and inclusion, to help identify implicit and explicit bias. Recommendation #5 • With an increasing level of activity, programs, projects and events associated with the Diversity Commission and program, and the limited bandwidth of volunteers, the Commission recommends increasing staff support for successful implementation of such programs. o Rationale ■ Currently portions of existing City staff time, plus 10 hours per month of contracted staff, are insufficient for these purposes. Other cities were contacted. Some have assigned staff to Diversity Commissions and/or in-house diversity programs. o Suggestions for implementation ■ Request increasing staff support to Diversity Commission from existing 0.06 FTE contract staff to 0.50 FTE contract or permanent staff in the 2019 Budget. Requested Action • Provide direction to Mayor and staff to review and consider the suggestions for implementation. • Some may be easily implanted, while others may take further study, budget and/or policy consideration. Chair White remarked this Council has taken bold steps in the past such as the plastic bag ban, tonight's consideration of a ban on Styrofoam, the gun storage ordinance, and other important social issues. To make an impact, the Commission needs the City Council to take a bold step and she requested the Council consider their recommendations. Councilmember Mesaros said the recommendations are bold, things that should be considered and he appreciated the Commission challenging the Council's thinking. With regard to Recommendation #2, he liked the idea of teaming up with the City's Wellness Program, recalling the Commission teamed up with the Edmonds Center for the Arts and their diversity incentives. He pointed out the Edmonds Senior Center also has a very active wellness program and there may be partner opportunities with them and other entities. Chair White said the Diversity Commission partnered with the Edmonds School District last year on a Youth Forum and they continually look for others to partner with. Councilmember Mesaros summarized the recommendations were great and timely and give the Council a lot to think about. Councilmember Teitzel expressed appreciation for the team's passion and efforts. The Council recently established a Youth Commission; a complaint voiced by a female on the Commission was regularly experiencing sexual harassment in the schools and in the community. He asked if the Diversity Commission had thought about how they could coach the Youth Commission with regard to that issue. Vice Chair Griffin answered not specifically related to the Youth Commission, but the Diversity Commission recognizes the significance of that issue. When they interviewed department heads and what the most common source of discriminatory behavior they saw was, the answer was gender. If the Diversity Commission had greater bandwidth, it was possible a lot could be done. Councilmember Teitzel commented the Diversity Commission's collective wisdom would be a great resource for the Youth Commission. Council President Nelson referred to Recommendation #2 that was the result of interviewing department heads and others who mentioned incidents of inappropriate, bias -related behaviors and interactions in various departments and the Diversity Commission's recommendation to minimize the chance of such incidents in the future. Council President Nelson pointed out the need to investigate what happened in those Edmonds City Council Approved Minutes October 16, 2018 Page 4 incidents and not just prevent it from happening in the future and but hold the people engaged in that behavior responsible. Councilmember Buckshnis agreed with Council President Nelson and Councilmember Teitzel. Having worked in the world of finance, she was well aware of gender discrimination. She agreed incidences should be investigated. She referred to the Tree Board's trifold brochure and recommended the Diversity Commission do something similar to get information out and educate the public that Edmonds welcomes diversity. In response to Council President Nelson's comment about investigating incidences that department heads cited, Vice Chair Griffin said the intent of the interviews was not to identify incidents but whether they exist. He explained some department heads are very competent and culturally aware of these issues and when they see it, they coach it and handle it appropriately. Some do not have that vision. The interviews were not intended to correct or investigate, they were to learn how department heads do their jobs. The protocol piece was to address that; once an incident is brought up and employees feel comfortable doing that, it is investigated and transparent. That does not exist currently; things happen and people are not comfortable reporting them. He described chatting with a City employee at Starbucks who told him about his boss mentioning black lives matter in a group meeting, specifically to intimidate that employee. When the employee took that incident to the supervisor, the supervisor said I need you two to work together and get along. That wasn't the best answer that employee could have gotten, but that was all that supervisor knew to do. That is why the Commission is suggesting something needs to be done internally to build a complex of knowledge on how to take care of these issues, how to follow them and how rectify them. Councilmember Fraley-Monillas was not comfortable with simply a protocol for allegations. She asked if any of the allegations were reported to the Mayor or HR. Vice Chair Griffin answered reporting incidents was not part of their task; their task was to engage in conversation and ask leaders how they handled it. Councilmember Fraley-Monillas expressed concern with the Commission's finding that department heads and others mentioned incidents of inappropriate, bias-related behaviors and interactions in various departments and she was unsure protocols could be implemented quickly enough. She asked Mayor Earling if department heads had an opportunity to respond to that statement. Mayor Earling stated they had not. Councilmember Fraley-Monillas suggested taking this incident into executive session, commenting if department heads are not reporting this to their superiors, the City has a bigger problem. Vice Chair Griffin provided an example of a comment, one department head said while walking through a work area, he heard an inappropriate joke. He called the two people into his office and let them know that was not appropriate behavior. In another incident, an employee was unsure whether a woman could do a job and the department head asked the employee to think differently about it; a woman was hired, the employee changed his mind and the woman is doing well. Councilmember Fraley-Monillas appreciated Vice Chair Griffin's explanation of the incidents, but this recommendation requires further Council investigation and discussion regarding potential issues. The statement in Recommendation #2 does not state that some of the incidents were looked into. The recommendation states there was bias related behaviors and interactions in various departments. She appreciated the Commission bringing this issue forward. Chair White said there are many companies, institution, schools, etc. where this is occurring and people don't know what they don't know and some of the behaviors are completely unintentional. The recommendations are intended to identify issues and do better. Their intent was not to get anyone in trouble and she was uncertain whether there were specifics in the interviews. This is a lesson for everyone to begin speaking the same language with regard to diversity, equity and inclusion. Councilmember Fraley-Monillas appreciated the Commission's recommendation but said the Council has an obligation to ensure people are treated in a fair and respectful manner. Edmonds City Council Approved Minutes October 16, 2018 Page 5 Commissioner Ed Dorame, a member of the interview subcommittee, said when they interviewed directors, no names were given and the descriptions were general incidences that had happened. The Commission is interested in training for directors regarding implicit and explicit bias. Their goal was not to point the finger at anyone but to advocate for staff education to avoid future possible incidents. 6. AUDIENCE COMMENTS Mike Shaw, Edmonds, reported he attended last week's WSDOT open house on their long-range plan for the ferry system and specifically the Edmonds -Kingston ferry run. Several people interested in the Edmonds Marsh reviewed the long-range plan and in talking at length with WSDOT representatives, it was apparent WSDOT has no long-term plan to build a new terminal at the old Unocal property. The sale of the property has already occurred and WSDOT will take ownership of the property January 1, 2019. WSDOT staff also stated they have no plans for the property and welcome public input on use of the property as part of comments on the long-range plan. Now that WSDOT does not have a long-term plan to move the ferry terminal, consideration should be given to making the old Unocal site a wildlife reserve and hopefully part of the greater Edmonds Marsh wildlife preserve. This property represents the easiest, most cost effective and most natural conduit to Puget Sound for the daylighting of Willow Creek. Tidal channels between the old Unocal property and the Edmonds Marsh will help ensure the health and sustainability of the natural environment in both areas. Establishing a healthy salmon run in Willow Creek represents a wonderful opportunity to increase Puget Sound salmon runs. At approximately 22 acres, the old Unocal property represents almost another Edmonds Marsh in size. This provides the possibility of more tourism, ecotourism in particular, scientific study, bird watching, enjoyment of nature, etc. WSDOT is accepting public comment on its long-range plan through October 25 but he was unaware if the City planned to comment on WSDOT's long range plan. He hoped the City supports the community's interest in not moving the terminal and urging WSDOT to instead use the Unocal property for enhancing marsh and the daylighting project which will require greater tidal channels through the site. Mayor Earling advised staff was in contact with WSDOT today who stated the property transfer could occur in early 2019 but there was currently no specific date such as January 1, 2019. Mr. Shaw said WSDOT representatives at the open house stated the property would transfer would occur on January 1, 2019. Brian Goodnight, Edmonds, thanked Council President Nelson for last night's Town Hall regarding the Housing Strategy. Mr. Goodnight's biggest concern with the Housing Strategy was inspections for rental units to make sure units meet code. He pointed out when buildings are constructed, they meet code and landlords typically don't make changes as codes change because that costs money. He was uncertain whether Seattle did that or how that requirement came up, pointing out inspections cost time and money and the cost is passed on to tenants. He suggested that requirement be reconsidered and that more meetings be held regarding the Housing Strategy. He pointed out upzoning increases the value of the property; for example, when the PCC parking lot, owned by his neighbor, was upzoned, the value of the property more than doubled. Instead of upzoning, he suggested allowing additional density in return for affordable housing instead of burdening taxpayers by not collecting real estate taxes. Marjie Fields, Edmonds, requested the proposed ban on Styrofoam be moved forward as quickly as possible, recognizing the long delay on this important issue. Long term exposure to small quantities of Styrofoam can create a variety of medical problems and it has been classified as a possible human carcinogen by the EPA and World Health Organization. Styrofoam is known to leach into food but yet food is often packaged in Styrofoam, a practice she said had to stop. Laurie Sorenson, Edmonds, thanked the Council for their service and the personal sacrifices they make. She also attended the WSDOT Ferries long range plan open house and was excited to hear they may be ready to sell the old Unocal property next to the Edmonds Marsh. The daylighting project is fantastic, and will help restore the Edmonds Marsh's natural habitat and assist Orcas and the salmon run. The Edmonds Edmonds City Council Approved Minutes October 16, 2018 Page 6 Marsh is a jewel and can be improved via the daylighting project, possibly using the Unocal property. The Pilchuck Audubon Society is doing a 10 -year study of avian habitat use and monitoring at the Edmonds Marsh. The long-range plan refers to monitoring street runoff from ferry traffic but does not state what will be done with the water that flows directly into the marsh. Cyrus Fiene, Edmonds, relayed his and his father, Don Fiene's, support for the proposed dedication of a portion of their property at 7922 180`h Street SW to the City as well as support for a project to construct a walkway along 180" Street SW and 80th Ave W. That project will link two City parks and a County park and extend- the Seaview Elementary walkway system. The route is used significantly by walkers, particularly in the summer. The corner of 180th St SW and 80th Ave W is quite unsafe for drivers, cyclists and pedestrians due to blind spots created by the bend in the road. He was confident these improvements will create a safer neighborhood and urged the City to prioritize the project and secure funding. As additional consideration for the property dedication, he requested the City consider the possibility of a memorial for his late mother at the site. Heather Trim, Executive Director, Zero Waste Washington, expressed support for the Styrofoam ordinance. Edmonds was the first city in Washington to impose a plastic bag ban; there are now 23 and many ordinances were based on Edmonds' ordinance. Single use plastics are a growing problem; more and more things are put into plastics and created a variety of problems related to plastic pollution affecting wildlife as well as in the recycling system in Washington. Now that China has restricted recyclables, the public needs to do a better job of cleaning and dividing recyclables. With regard to the Styrofoam ordinance, she suggested, 1) the ordinance's effective date be the same as the resolution regarding straws and utensils to assist consumers and retailers, and 2) consider requiring a compostable only alternative which was done by Lake Forest Park and Burien is considering doing the same. She suggested banning recyclables in the curbside garbage stream to help reduce recyclables going to the landfill and to encourage customers to put materials into the right bins. Doug Swartz, Edmonds, commented last night's Town Hall regarding the Housing Strategy was attended by approximately 200 people; no Councilmembers other than the moderator Council President Nelson attended. The Housing Strategy was developed by outsiders almost all of whom have a vested interest in increased density or are in the homelessness business. The Council does not seem to care. He cited ways the plan affects residents such as increased property taxes, increased crime, fear of walking at night, increased congestion, and parking five blocks from your home. It is the Council's responsibility and ethical duty to find out what their constituents think about the plan before they vote on it. He did not want Edmonds to be Ballard or Seattle and said Seattle residents likely don't want Seattle to be the way it is. Seattle residents talk about failed plans created by the same people who are proposing the Housing Strategy. He urged the Council to get involved. Styrofoam is important, but the Housing Strategy is important because it affects people's livelihoods. Susan Paine, Edmonds, referred to the Waterfront Connector, on occasion referred to as the bridge to nowhere, expressing her hope that there would be additional discussion and that the project would not happen as it would be environmentally destructive and terribly expensive with little value to community. She found it ironic that the environmental degradation to the north beaches was in direct opposition to what is happening with the beach restoration at the senior center. She recalled when the discussion began 3-4 years ago, it was based on something else and now has turned into a monstrosity. Next, she commended the Council for the work they are doing related to the environment. Styrofoam in the waste stream is very damaging as it is difficult to collect and mitigate, it spreads once it begins to degrade and is harmful to beaches and wildlife. With regard to the Housing Strategy Town Hall, she said there is an acute wariness regarding how the plan was developed and it does not seem to fit Edmonds. Edmonds City Council Approved Minutes October 16, 2018 Page 7 David Schaefer, Edmonds, said he was initially skeptical of the idea of the Waterfront Connector especially when it was proposed closer to downtown but was pleased with the evolution of the design. The latest versions appear to leave the downtown connections intact, provide a new public access in an area where there is no access, take care of public safety needs and increase public access to the waterfront. Much of the waterfront in Washington is not accessible by the public; the connector is a long-term strategy to provide access. With regard to concern about the project's expense, those funds would not be available for other projects. He looked forward to hearing how the project has evolved and encourage the Council to keep an open mind regarding how the connector could be an asset for the City. 7. ACTION ITEMS 1. CLOSED RECORD REVIEW OF THE PLANNING BOARD'S RECOMMENDATION TO APPROVE AN APPLICATION FOR REZONE AT 9111 AND 9107 - 236TH ST. SW. FROM SINGLE-FAMILY RESIDENTIAL (RS -8) TO MULTIPLE RESIDENTIAL (RM -1.5) Mayor Earling explained the purpose of this closed record review hearing is for the City Council to consider a recommendation of the Planning Board to approve a site-specific rezone from single family residential (RS -8) to multiple residential (RM 1.5) for parcels located at 9107 and 9111 — 236'' St SW. Mayor Earling opened the closed recording hearing and described the procedures. The hearing is not open for public testimony. This is a hearing on the rezone initiated by Frasier Fir LLC and Pinewood Management LLC. This is not an open record hearing. There will be no opportunity during the closed record rezone hearing for public testimony. Oral argument from parties of record will be allowed; the parties of record include City staff, the applicant and any person who testified before the Planning Board at the open record public hearing on the application and any person who individually submitted written comments concerning the application at the time of the open record public hearing. The Appearance of Fairness Doctrine requires that the hearing be fair in form, substance and appearance. The hearing must not only be fair but also must appear to be fair. Mayor Earling asked whether any member of the decision-making body had engaged in communication with opponents or proponents regarding the issues in this rezone matter outside the public hearing process. Councilmembers Tibbott, Mesaros, Fraley- Monillas, Nelson, Buckshnis, Teitzel, and Johnson and Mayor Earling stated they had not had any communication with opponents or proponents on this matter. Mayor Earling asked if any member of the decision-making body had a conflict or believed he/she could not hear and consider this application in a fair and objective manner. Councilmembers Tibbott, Mesaros, Fraley-Monillas, Nelson, Buckshnis, Teitzel, and Johnson and Mayor Earling stated they had no conflicts and could hearing the matter in a fair and objective manner. Mayor Earling asked if there were any objections to his or any Councilmembers' participation as a decision - maker in the hearing. No objections were voiced. Mayor Earling described the procedure for presentation of oral argument: five minutes each for the staff report, applicant's oral argument and parties of record. The Council's jurisdiction for the close record hearing is to determine whether the applicant has made the showing required in ECDC Chapter 20.40.010. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE PROCEDURE FOR PRESENTATION OF ORAL ARGUMENT. MOTION CARRIED UNANIMOUSLY. Staff Presentation Edmonds City Council Approved Minutes October 16, 2018 Page 8 Associate Planner Brad Shipley identified the subject site, two single family RS -8 zoned properties immediately adjacent to RM -1.5, along the Edmonds Way corridor and 236' between Edmonds Way and Madrona K-8. He reviewed: • Request o Rezone two parcels from single family (RS -8) to multi -family (RM -1.5) • Site history o Parcels were developed under Snohomish County development code between 1958-1970 with single family and multi -family uses o The subject site was annexed into Edmonds in 1997 o The multi -family development is currently a legal, non -conforming use • Review Criteria o ECDC 20.40.010 states: ... the following factors shall be considered in reviewing a proposed rezone" Comprehensive Plan - whether the proposal is consistent with the Comprehensive Plan - Policies within the Comprehensive Plan mostly address design elements — which will be considered during future design review. One policy relevant to this project is the requirement for RM uses to "...be located near arterial or collector streets." Edmonds Way is classified as a major arterial. - City Council made a motion to approve the Comprehensive Plan map designation change October 2017; however, the amendment was inadvertently left off the ordinance that adopted the 2017 Comprehensive Plan amendments. City Council is scheduled to take action on the 2018 Comprehensive Plan amendments on August 21, 2018 Surrounding area: The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property - The subject site is situated between multi -family (RM -1.5) and single-family (RS -8) zones. The proposal is consistent with existing land uses in the area. Zoning Ordinance: Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district - The current zoning designation allows one unit per lot. One of the subject parcels is developed with a multi -family use. Rezoning the property would bring the use into conformance with ECDC - If rezoned, the subject parcels could potentially increase the overall density to 20 units or up to 21 units if the properties are combined Changes: Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone - The character of the immediate area is a combination of multi -family, single family, and small commercial. The subject site is surrounded on three sides by existing multi- family development Suitability: Whether the property is economically and physically suitable for the uses allowed under the existing zoning and under the proposed zoning. - Re -development is unlikely without a rezone due to the probable scenario where an income-producing, non -conforming multi -family use not being allowed to continue. - If rezoned and subsequently re -developed, the site is located in a physically suitable location for the proposed use. A traffic study will be required with any future proposal for redevelopment Value: The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners Edmonds City Council Approved Minutes October 16, 2018 Page 9 - There would be an increase in value to the property owners if the proposal is approved. The greatest impact of future development would be to the single family zone adjacent to the subject site. - During the Comprehensive Plan amendment public hearing, one neighbor voiced concern about allowable building heights under RM -1.5, but appeared satisfied after the discussion. There have been no comments or questions on this rezone application to date • Conclusion and recommendation o The site is well -situated for an upzone. It is surrounded on three sides by high density, multi- family zoning and adjacent to a major arterial with access to public transit o Planning Board recommended approval Councilmember Fraley-Monillas recognized people in audience who live in the area although they were not parties of record. She asked if there was any objection from the neighbors other than one referenced in the presentation. Mr. Shipley said during the Comprehensive Plan amendment, one neighbor voiced concern about building height but when he described the topography and maximum height of 30 feet, the neighbor were satisfied and did not attend any hearings or make any other comments. No written comments have been received. Councilmember Buckshnis observed the parcel could be redeveloped with 20-21 units and asked if a traffic study would be done. Mr. Shipley answered 20-21 units would trigger SEPA and a traffic study would be required with any development proposal. Councilmember Buckshnis asked for confirmation that there would be onsite parking. Mr. Shipley answered RM zones require 1.2 spaces for a 1 bedroom, 1.5 for 2 bedrooms, 1.8 for 2+ bedrooms. Applicant Presentation Martin Reimers, Concept Architecture, representing the applicants, said when they considered the project initially, the line was not straight and with the existing legally non -conforming uses, felt it was a logical change. There are currently 8 units on the site and redevelopment could result in an additional 12- 13 units. He looked forward to adding new upgraded housing to the City on a site where the buildings are quite old. There were no other parties of record. Mayor Earling closed the hearing and oral argument and remanded for Council deliberation. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE ORDINANCE NO. 4128, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING A CHANGE IN ZONING FOR CERTAIN PROPERTY LOCATED AT 9107 AND 9111 — 236TH ST SW FROM SINGLE-FAMILY RESIDENTIAL (RS -8) TO MULTIPLE RESIDENTIAL (RM -1.5); AUTHORIZING AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP. MOTION CARRIED UNANIMOUSLY. 2. THIRD QUARTER 2018 BUDGET AMENDMENT Finance Director Scott James reviewed: ■ 19 Decision Packages total $915,437 • All are New Items for Council to Consider • Of These, 8 are "Self-funded" ■ Third quarter budget amendments: Edmonds City Council Approved Minutes October 16, 2018 Page 10 1. Funding from First Responder Flex Fund Project for social worker to assist individuals/households identified as high risk for chemical dependency or mental health issues or to abate an emergency situation 2. Reimbursable Police Department overtime — special events o The Police Dept. provided $3,235 worth of security services for local events o The cost of providing these services were paid by the event organizers 3. Reimbursable Police Department overtime — DNDO Drill o Police staff participation costs in marine drills were paid through a Seattle Fire grant 4. Reimbursable Police Department overtime — pedestrian safety activities o Police Department received a Washington State Traffic Safety grant for $3,623 o Department used these funds to pay for pedestrian safety activities 5. Holiday Market revenue and expenditures o Anticipate will receive $6,000 in fees to offset the costs of the Market 6. Diversity Film Series o Anticipate receiving $1,200 to pay for the film series 7. Custodial staffing, temporary/seasonal labor due to long term medical leaves of absence o Two custodial staff are on long-term medical leaves o Must back fill these two positions with temporary staffing at a cost of $10,000 8. Custodial staff overtime related to above 9. Complete the City's Facility Condition Assessment in 2018 10. Replace or upgrade fire panels in multiple locations 11. Security measures — cameras, panic buttons, security panels, lock down rooms 12. Engineering staff overtime to implement Trakit permit software system 13. Transfer traffic impact fees to fund pre -design study for 76th Ave/220th St intersection improvements 14. Adjustment for final closeout cost on the 228th St Corridor Improvement Project 15. Utility Rate Study to ensure sufficient funding for future projects and needed reserves 16. Stormwater commercial 17. 1% for the Arts transfer for new sewer pipe project 18. Additional work done on Edmonds Street as part of the 2018 Sanitary Sewer Replacement 19. Participate in MyBuildingPermit portal Councilmember Tibbott referred to the amendment related to security measures and asked how this would be funded. Mr. James answered it would be funded from General Fund ending cash. Councilmember Tibbott suggested in the future indicating which amendments have a funding source and which are funded from ending cash. Mr. James responded that unless otherwise indicated, amendments are funded from ending cash. Councilmember Teitzel referred to the amendment related to funds the Police Department received from the Washington State Traffic Safety Commission for pedestrian safety activities. The funding covered education and enforcement in three areas of Edmonds where clusters of car versus pedestrian accidents occurred in 2017. He asked about the three locations. Mr. James offered to email him that information. Councilmember Teitzel referred to the amendment related to security measures that included monitored panic buttons and asked if the $74,000 cost included ongoing monitoring costs. Public Works Director Phil Williams advised it did not. Councilmember Johnson suggested staff provide the Council the Facilities Condition Assessment when it was completed. With regard to the sewer rate study, she asked the cost of the study and whether an increase in rates was being considered. Mr. James answered the cost of the study is $91,000. There are three upcoming major projects with an estimated total cost of $40 million. The rate study will consider whether Edmonds City Council Approved Minutes October 16, 2018 Page 11 there are sufficient funds to pay for those projects. Mr. Williams advised further information will be included in the budget presentation. The rate study considers revenue requirements as well as classes of rate payers and balances the method and approach to rate revenues for water, sewer and stormwater. The rate study will help inform funding for those three major projects. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE THIRD QUARTER 2018 BUDGET AMENDMENTS ORDINANCE. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. 8. STUDY ITEMS 1. MAYOR'S RECOMMENDATION ON THE EDMONDS STREET WATERFRONT CONNECTOR PROJECT Mayor Earling referred to a three-page letter he received from the Task Force co-chairs that had been distributed to Council. Public Works Director Phil Williams introduced Sandy Glover, Parametrix, City's Project Manager Ed Sibrel and Rick Schaefer, Tetra Tech. Mr. Williams reviewed: • Purpose & Need o Safe, efficient, and reliable access to the waterfront for police, fire and EMS responders o Create a continuous pedestrian walkway along the waterfront o Help pedestrians, bicyclists and emergency responders avoid level conflicts with BNSF rail lines o Emergency ferry offloading during extended track shutdowns ■ Task Force Recommendation — Edmonds Waterfront Connector o Lowest cost emergency vehicle access alternative that meets project purpose and need o Proximity to fire station provides immediate access to waterfront o Provides full-time pedestrian and bicycle connection o Offers capability to offload stranded ferry with property traffic control • How did we get here? o Edmonds Waterfront Access Study considered 51 alternatives o November 15th, 2016, Council unanimously approved the Edmonds Street Waterfront Connector and authorized its placement on the CIP 0 6 Design Concepts for the Waterfront Connector were explored, evaluated and fully screened 0 2 Alternatives, the Landbridge and the Promenade, were further developed, evaluated and screened after input from the public and City Council o Extensive public outreach (see next slide) o Council input and public hearing September 18, 2018 Ms. Glover reviewed Waterfront Connector Preliminary Design Outreach o Engaging with the community since 2015 0 2 in-person public meetings attended by over 140 community members 0 4 neighborhood drop-in sessions 0 2 online open houses visited by over 770 community members 0 4 Mayor's Advisory Commission meetings 0 2 Design Committee meetings 0 2 City Council briefings and 1 public hearing o Received over 260 comments Edmonds City Council Approved Minutes October 16, 2018 Page 12 o Featured in 12 local media articles • Council and public comments at public hearing o Consider ■ Streamlining design to save money and reduce environmental impacts • Reducing land bridge width (hybrid) ■ Reducing stub ■ One landing • Reducing environmental impact ■ Moving bridge east into turnaround ■ Rebuilding turnaround/ impact to parking (few stalls) • Provide for maintenance of marine sanctuary during construction Hybrid Design — Preferred Alternative o Blended elements between the Landbridge Alternative and the Promenade Alternative o Landbridge is 31 feet wide (reduced from 49 feet) o Removed extended cantilever overlook o Reduced the number of columns from three to two o Simplified bridge cross section (from round to trapezoidal) for bridge west of the railroad tracks o Creates new, raised plaza at the landing with more direct access between the restrooms and the beach, enhancing safety and security and shortens pedestrian travel path o Moved bridge landing north and east, relocated the cul-de-sac to the south and restriped the parking lot. Expect net loss of two parking spaces or less o Maintains a pleasing design aesthetic o Will not preclude a second railroad track Hybrid Design o Drawing of proposed reduced footprint o Proposed cross sections of landbridge and columns o Drawing of proposed reduced beach impact Mr. Williams reviewed: • Estimated Cost: • Project Schedule o Dec 2017 — March 2018: Develop early design concepts o April — August 2018: Develop design alternatives o Sept — Dec 2018: Select preferred alternative Edmonds City Council Approved Minutes October 16, 2018 Page 13 10/18/2018 8/18/201 Difference Construction 11,136,000 $12,704,000 (1,568,000) Design Level Contingency 40% Const 4,455,000 5,082,000 627,000) 1% for Art 112,000 128,000 (16,000) Management Reserve 446,000 509,000 63,000_) Aerial Lease over BNSF 40,000 40,000 -- Park/Environmental Mitigation 2,600,000 2,600,000 -- Construction Mana ement 1,615:000 1,842,000 227,000 Construction Contingency 1,615,000 921,000 694,000 Permitting 323,000 368,000 (45,000 Engineering & Final Design 2,500,000 2,763,000 (263,000 City Project M mt/Admin 500,000 553,000 53,000 Final Project Cost — 2018 dollars $25,342,000 $27,510,00 (2,168,000) Escalate Construction costs - 2021 $2,173,000 $2,375,000 202,000 Grand Total 1 $27,515,000 $29,885,000 ($2,370,000) • Project Schedule o Dec 2017 — March 2018: Develop early design concepts o April — August 2018: Develop design alternatives o Sept — Dec 2018: Select preferred alternative Edmonds City Council Approved Minutes October 16, 2018 Page 13 0 2019 — 2020: Finalize design and secure funding 0 2021 — 2023: Construction planned Where we are now o Open House and Online Open House - completed o Neighborhood meetings - completed o Permitting agency consultations - completed o Review by Advisory Panel - completed o City Council Review / Public Hearing - completed o Reconvene Advisory Committee - completed o Mayor's recommendation on design concept to advance October 16 o Presentation to Council for approval and additional direction Maxor's Recommendation Mayor Earling stated emphatically it is the paramount duty of the City to protect and ensure the safety of our residents, businesses and visitors. The Waterfront District of the City is a complex community of businesses, residences, community attractions, marine -related activities, events, and of course the Washington State Ferry Terminal. Hundreds of people cross the railroad tracks hourly, thousands daily, and millions yearly to access these destinations. In addition, at any one time there are hundreds of people present in the Waterfront District. Above and beyond the enormous cumulative land value along the Waterfront, the current value of all buildings and improvements there equals upwards of $50 million. All of this — residents, workers, visitors, buildings, improvements, boats and equipment — are at risk daily because of the at -grade crossings that can stall or interrupt emergency -response vehicles at any time simply from passing trains. And of course when trains stall and block both Main and Dayton, the risk skyrockets as emergency response is then cut off for extended periods. This is today's reality. Imagine the risk in, say, 20 years when instead of 40+ trains a day, there are 80-100 trains a day because we know double tracking is inevitable. Instead of 1-2 hours a day of closures from passing trains, we see over 4 hours. Instead of one or two train -related accidents, tragedies or break -downs, we will see several per year. This is what we have to plan for. It's not about how many incidents we have had to date. It's not even about how many incidents we have this year. It's about the future. We plan for the future in everything we do, and the Waterfront Connector is precisely that: a project for the future of our City. Without this project, imagine the following very real possibilities within the next 10 to 15 years: • A kitchen fire in one of the Waterfront restaurants escalates to engulf the entire building because fire trucks could not respond in time due to passing trains ■ The new Waterfront Center, dependent on rental income for operations, starts to lose bookings after online reviews note that two individuals perished from heart attacks while attending events there because emergency medical response teams were delayed by passing trains. ■ A diver struggling out of the water from the Dive Park suffers an embolism and needs urgent care, yet cannot be attended to in time before he dies ■ A boat catches fire in the Marina, yet due to two passing trains on the two tracks, which extend the closure to up to 8 minutes, fire response is delayed to the point that an entire dock of boats is engulfed in flames Mayor Earling acknowledged these are dramatic, but how would we feel in, say, 2030 when any or all of these kinds of scenarios have played out, yet we didn't seize the opportunity now to plan for the future and avoid these tragedies? Starting up a similar project then would cost vastly more, would likely see even less state and federal contributions, and would take longer. He reminded everyone that when this case was presented two years ago in November 2016, the Waterfront Connector was proposed as the best, most cost-effective solution to this problem. The project was presented Edmonds City Council Approved Minutes October 16, 2018 Page 14 as a single -lane structure providing emergency vehicle access when needed, every -day pedestrian and bicycle access, and the potential for very infrequent ferry off-loading in the case of total blockage of Main and Dayton. The cost was projected as $25 and $30 million. The responses the Council gave then ranged from "the best solution" to "brilliant" and the Council unanimously approved this project and placed it on the Capital Improvement Program and directed the Mayor and staff to move forward. The project presented tonight is the very same project, it's in the same location, it provides the same functionalities and it costs the same. We've taken the concept the Council approved to an initial design. What's more, the input and suggestions the Council and the public have provided along the way have resulted in a streamlined design, improved access locations, less impact to the beach and the neighborhood, as well as significant cost savings. We have worked tirelessly with regional, state and federal agencies and electeds to seek financial support for this project. In addition to $1.7 million provided to this project from the State of Washington, so far, we have also secured a commitment for an additional $6 million from the State moving forward. That's not to mention the contributions from our local and regional partners: the Port contributed $100,000, BNSF $100,000, Community Transit $10,000, and Sound transit $20,000. Some people have said that the project simply costs too much, that the monies could be put to better use providing sidewalks or paving streets. This is simply not the case. This project will be financed in large part by state and federal monies. These are funds that we all pay into as taxpayers and that go to infrastructure projects around the State and nation. No one will pay more in taxes to support this project, nor will they pay any less in taxes if we cancel this project. The monies will simply go elsewhere. Let me repeat, the monies will go elsewhere. These same state and federal infrastructure programs do not provide funds for sidewalks or pavement projects. To put this project's cost in perspective, $28M, Mayor Earling cited the Highway 99 improvements, which we are working on and have $10M from the State, will likely total well over $100 million over several years. Should we likewise deem those projects as too expensive and cancel that project also? He appreciated the difficulty that proceeding with this project may present for some Councilmembers. Councilmembers have received statements of concern from nearby residents and others and Councilmember may have their own misgivings. He suggested Councilmembers think about almost any major public works project in this or other nearby cities. They have all seen detractors. He recalled the hue and cry over the Five Corners Roundabout before it was constructed. In the final analysis, it comes down to these four very simple points: 1. The future safety of hundreds of thousands of residents, workers, motorists and visitors will be substantially secured with the construction of the Edmonds Street Waterfront Connector. 2. This project was chosen from among 51 alternatives taken up by the Task Force as the best located, most cost-efficient, and least impactful option that provides the key functions of emergency response, pedestrian and bicycle access, and the potential for ferry off-loading in emergencies. 3. Given input from you all and the public we have been able to streamline the design, reduce costs, and minimize environmental impacts, and 4. The $28 million price tag will be funded in large part by state and federal monies Lastly, and most importantly to the Council and him, two years ago a promise was made to the residents and business owners along the Waterfront, to the 42,000 Edmonds residents, and to the hundreds of thousands of visitors that visit our Waterfront yearly that we would work to secure their future safety with this project. Recalling our paramount duty as Edmonds Mayor and City Council, we need to make good on Edmonds City Council Approved Minutes October 16, 2018 Page 15 that promise and continue to work towards implementing the Waterfront Connector to ensure their future safety. We have been working on this project for over 3 years. Public meetings, a Task Force which has been diligent and thorough, and a public process leading to this plan delivered to us which he completely supports. He hoped the Council would do the same. Mr. Williams said this is a study item and no action is sought tonight. He and other members of the team are present to answer questions and have further discussion. For Councilmember Fraley-Monillas, Ms. Glover said the proposed design does not preclude a second track. Councilmember Fraley-Monillas clarified there would be adequate space with the double track. Mr. Williams explained the connector as proposed fully spans the BNSF right-of-way and is designed to accommodate a second track and even a third track. Although he did not anticipate a third track any time soon, this design could accommodate a third track. Councilmember Fraley-Monillas asked where neighborhood meetings were held. Mr. Schaefer explained a week after each open house, a pair of neighborhood drop-in sessions in the afternoon and evening were held at North Sound Church. The open houses were held at the library. Councilmember Fraley-Monillas commented neither the open houses nor the neighborhood meetings were held outside the downtown area. Mr. Schaefer answered the intent was to engage the entire city via the open houses and have more intimate, one-on-one discussions with the neighbors at the neighborhood meetings. Councilmember Fraley-Monillas said when she thought of neighborhoods, she thought of Meadowdale, Firdale, Perrinville, Highway 99, etc. Councilmember Fraley-Monillas asked if another public hearing was planned since the design had been finalized. Mr. Williams answered there currently were no plans for a public hearing. Two alternatives were presented at the public hearing and the hybrid was developed using input from the public and the Council on those alternatives. Councilmember Mesaros commented it was his pleasure to co-chair the second phase of the study with Port of Edmonds Commissioner Jim Orvis. When that process began, it was to fulfill the alternative analysis that was co-chaired by Council President Nelson and Commissioner Orvis. This has been ongoing process that has had a nice linear direction. Changes that have been made to the design over time based on input from citizens and the City Council. He pointed out the initial $6M commitment from the State following the alternatives analysis illustrates the importance of the connector in addressing increased train traffic as well as activities that occur on the west side of the tracks. Councilmember Mesaros referred to a conversation he had with South Snohomish County Fire Chief Bruce Stedman about a recent marina fire in Everett to which five fire departments responded due to the potential danger of a marina fire. Two boats were destroyed but the fear was it could have spread to a larger area. He imagined what could happen at the Edmonds marina in the event of a fire and a passing train delayed response. This confirmed the importance of moving forward and accomplishing the original intent. He acknowledged Phil Lovell and Kirk Greiner who participated in the planning study and for the analysis Mr. Lovell provided based on public comment and urging the City to be responsive to the comments. Councilmember Tibbott commended the streamlined design. He recapped the process: it began with six concepts which were narrowed to two which have been combined into a preliminary design. If the project moves forward, further design would be done including public art funded by the 1% for Arts. He asked what was involved with moving from a rather square and clunky design to something that could be appreciated on the waterfront. Mr. Williams commented due to the desire to reduce cost, the cost versus Edmonds City Council Approved Minutes October 16, 2018 Page 16 value of several elements in the artistic renderings was considered. For example, the renderings showed a rounded bottom on the structure that would require complex forms and pouring so that was removed and replaced with the trapezoidal shape to save money. The I% for Art is part of the puzzle; it may be possible to design the structure so it is art itself such as railings, embossed concrete, etc. The $6M in State funds is not available until mid -2019; a $3M decision package in the 2019 budget would begin the detailed design. The images to date are artist concepts and ideas. Councilmember Tibbott asked if there would be an opportunity for public input on the final design. Mr. Williams anticipated regular updates would be provided to the Council during the design process. Councilmember Tibbott observed there was a sizeable amount for environmental mitigation and asked whether significant environmental damage that needed to be mitigated was expected. Mr. Williams answered any construction near the Ordinary High Water Mark that extends over the beach will need to be mitigated. The best way is to do the mitigation is onsite. The ratio between mitigation and impact is not 1:1 and the further away the mitigation occurs geographically, the bigger the ratio has to be so onsite mitigation is less expensive. Whether this project can be fully mitigated within the project limits is unknown but that will be the goal. If not, other opportunities for mitigation would need to be identified to meet the resources agencies' requirements. The cost estimates include a significant amount for mitigation. Councilmember Teitzel was pleased to see the value engineering efforts that reduced the project cost. He asked for confirmation that the vast majority of funding for this project would be from state and federal sources. Mr. Williams agreed that was accurate. Councilmember Teitzel clarified those funds were not available to construct sidewalks or street infrastructure and if the City did not receive the funds for this project, they would go to a different state or city for another capital project. Mr. Williams agreed. Councilmember Teitzel was pleased to see the scale of the project reduced, that it has been streamlined, narrowed, two columns instead of three which reduces the mass, and tucks the landing further toward the train tracks. With regard to reducing the landbridge to 31 feet, he noted the planters would reduce the travel lane to 25 feet. Mr. Williams answered the total width is 25 feet; a 16 -foot clear path is required for emergency vehicles. Councilmember Teitzel asked if that width would be a sufficient for someone in a wheelchair to get out of the way if an emergency vehicle came through at a high rate of speed. Mr. Williams answered yes, commenting emergency responders are professional drivers and will travel at a safe, yet efficient speed and he did not anticipate they would be barreling down the connector at a high rate of speed. They will be cognizant of people on the pathway and slow down as necessary. Even if they are required to slow down, it is clearly the fastest way to reach the waterfront. Councilmember Teitzel summarized there would be sufficient room for pedestrians, people in wheelchairs, etc. to be clear when an emergency vehicle utilized the connector. Mr. Williams agreed. Councilmember Teitzel referred to the design level contingency of 40% or $4.5M and the $921,000 construction contingency and asked if that was based on the 40% lift factor. Mr. Williams answered yes. Councilmember Teitzel asked whether other large capital projects such as Sound Transit 3 have that level of contingency, noting it seems very high. Mr. Williams said if this was a project somewhere other than right on the waterfront, the contingency could be different. However, the complexities of the location, permitting and mitigation make this a really challenging project. It is a totally doable project but will be more complicated than up and over the railroad tracks in eastern Washington. The City's design guidelines allow for a 30% contingency as a rule of thumb; 10% was added due to potential unknowns. Councilmember Teitzel said if the contingency was reduced to 30%, while it would decrease the project cost, additional funding may need to be requested in the future. Mr. Williams agreed. Councilmember Buckshnis requested a copy of Mayor Earling's recommendation. Councilmember Buckshnis asked how much had been spent to date on the project. Mr. Williams answered approximately $1.23M. Councilmember Buckshnis remarked the decision package then adds $3M, increasing the amount Edmonds City Council Approved Minutes October 16, 2018 Page 17 spent to $4.5M or 13-14% of the project cost. Mr. Williams clarified that is how much the project has spent; the City has spent approximately $200,000. Councilmember Buckshnis said she would prefer a triage on the west side of the tracks. This is the only open public beach and putting something on it will really affect the environment. Councilmember Johnson recalled she made a number of suggestions at the last meeting which were taken seriously by the advisory group. She appreciated that those changes were incorporated. Mayor Earling advised Agenda Item 9, Committee Reports would be omitted from the agenda and the order of Items 8.2 and 8.3 reversed. 3. DISCUSSION ON PROHIBITING EXPANDED POLYSTYRENE (EPS OR "STYROFOAM") IN FOOD PACKAGING Recycling Coordinator Steve Fisher introduced the discussion regarding a prohibition on Styrofoam or EPS. The Council previously discussed and approved a resolution in support of crafting an ordinance prohibiting Edmonds business from offering other single use plastics to their customers, specifically plastic straws, utensil and stir sticks. The effective date for such an ordinance is early 2020. A prohibition on Styrofoam in food packaging is sponsored by Councilmember Fraley-Monillas. As a result of her research, a preliminary ordinance has been drafted and included in the Council packet. He assumed the intent was two separate ordinances describing the material bans but they will share the effective date of early 2020. This would allow adequate lead time to engage affected businesses and assist them toward compliance. The draft ordinance, while well written, will likely need further discussion and review. He recognized Heather Trimm, Zero Waste Washington, who provided comment on the ordinance during Audience Comments, explaining Zero Waste Washington acts as a clearing house for material ban ordinances in the region. The goal is to promote consistency, clarity and harmonization of the bans. Councilmember Fraley-Monillas said she has been working on this ban for 2-2'/z years. Styrofoam has very dangerous effects on waterways, salmon, whales, etc. Not a lot of places use Styrofoam anymore, for example, Edmonds School District and Swedish Edmonds Hospital indicated they use very little Styrofoam anymore. She appreciated Mr. Fisher's assistance and his offer to coordinate the straw and Styrofoam bans and implement them both in early 2020 and as well as to provide information to businesses. She offered to assist with educating businesses, particularly along the Hwy 99 corridor where English may not be the first language for some business owners. Councilmember Mesaros thanked Councilmember Fraley-Monillas for taking the initiative on this issue, agreeing it was something the City should pursue. He referred to the civil penalties in the ordinance and whether they were sufficient. Councilmember Fraley-Monillas said the ordinance mimics Seattle's resolution; the penalties are fair to begin with and possibly the City may want to institute more serious penalties in the future. Councilmember Mesaros commented many of the restaurants he frequents have already stopped using Styrofoam and the ordinance will encourage those who haven't to discontinue the use of Styrofoam. Councilmember Fraley-Monillas said in researching replacement containers, she found the Costco Business Center carries a number compostable or recyclable options although they also have Styrofoam. Mr. Fisher said there are many sources for compostable or recyclable containers. Following Seattle's ban on Styrofoam as well as single use straws and utensils, Issaquah, San Juan County, Burien, Lake Forest Park, Gig Harbor and others are considering or have enacted bans. That domino effect has increased the availability of alternative materials and most are compostable. He suggested alternatives to Styrofoam in the ordinance should be totally compostable, not compostable and recyclable. Recyclable containers raise the issue of contaminating recycling with food waste. Compostable contains sets the stage for better handling of the materials. Edmonds City Council Approved Minutes October 16, 2018 Page 18 Councilmember Buckshnis agreed with removing the option for recyclable containers, recalling people were very confused at the Edmonds Arts Festival by the difference between compostable and recyclable materials. Mr. Fisher said once the public is educated they are receiving compostable wares and there is a disposal container available, it is much easier to put it into the correct container. Council President Nelson thanked Councilmember Fraley-Monillas for her leadership on this issue. He said Styrofoam takes a disturbing long time to decompose. Americans use approximately 25 billion Styrofoam cups/year and it takes up to 500 years for a cup to decompose. About 80% of Styrofoam ends up in landfills, 25% in waterway, and it can be consumed by birds and other animals, clogging their digestive systems. McDonald's is phasing out Styrofoam worldwide by the end of the year. This ordinance is in line with what is happening elsewhere, and the timing makes sense. He agreed with requiring compostable containers. Councilmember Johnson thanked Councilmember Fraley-Monillas for working on this, pointing out Mr. Fisher has been working on zero waste for many years. While most restaurants no longer use Styrofoam containers, the biggest challenge may be major grocery stores who use Styrofoam for meat, herbs and vegetables. Mr. Fisher agreed there is less Styrofoam in takeout containers in Edmonds and elsewhere and more molded paper products that may or may not be compostable. With regard to meat trays, there are compostable versions and they are becoming more cost effective. Councilmember Teitzel thanked Councilmember Fraley-Monillas and Mr. Fisher for bringing this forward and he supported moving away from the use of Styrofoam in the community. His only concern was this was proposed via an ordinance compared to a resolution. On May 22, 2018, the Council passed Resolution 1412 banning utensils, stirrers and straws. The original resolution established a three-phase implementation plan, 1) discontinuing single use plastic on City properties by the end of 2018, 2) discontinuing single use plastic usage at outdoor festivals in 2019, and 3) an ordinance in 2020 banning single use plastics citywide. He preferred the ordinance be recast as a companion resolution to the single use plastic Resolution 1412 and bring forward a unified ordinance in early 2020 combining all the concepts. This would facilitate a better education process, unified enforcement scheme and fine structure, etc. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO RECAST THE ORDINANCE AS A RESOLUTION AND BRING IT BACK FOR A COUNCIL VOTE IN THE FUTURE. Councilmember Fraley-Monillas preferred not to phase this in or coordinate it with the ban on single use plastic as Styrofoam is a much different material than straws and lids. She drafted this in ordinance format as she saw no point in a resolution stating the Council planned to adopt an ordinance in the future. She encouraged Councilmembers not to support the motion and not go backward by putting it in resolution format. Mayor Earling asked if more work needed to be done on the ordinance. Mr. Fisher answered as written, it is fairly complete. There are a few items that need to be discussed further such as requiring alternatives be compostable. Councilmember Teitzel reminded that on May 22, 2018, the Council voted unanimously to approve Resolution 1412 which included the three-phase implementation structure leading to a ban in early 2020. No time would be lost with a resolution, the effective date would be the same, but a resolution would provide a more dovetailed process. Councilmember Fraley-Monillas offered to continue working with Mr. Fisher to finetune the ordinance to include items discussed tonight in the ordinance. She encouraged Councilmembers to vote no on the motion. Edmonds City Council Approved Minutes October 16, 2018 Page 19 Councilmember Buckshnis asked Mr. Fisher's opinion about a resolution versus an ordinance. Mr. Fisher said he was fine with a resolution as it keeps it in line with the effort related to single use plastics. It doesn't matter in the long run and the two bans could be implemented on the same date. Councilmember Buckshnis said the ordinance effective date could be 2020. She anticipated the Mayor's Climate Protection Committee will help with the educational aspect. MOTION FAILED (2-5), COUNCILMEMBERS TEITZEL AND JOHNSON VOTING YES. Councilmember Fraley-Monillas offered to work with Mr. Fisher on an acceptable way to move forward. 2. 2019 BUDGET PRESENTATIONS Public Works Director Phil Williams reviewed: Photographic examples of the pavement preservation program o Grind and 2" overlay o Slurry seal o New sidewalk on 238th, crosswalk and Rectangular Rapid Flashing Beacons o Edmonds Street sewer project Introduction (Operations and maintenance budgets only tonight, capital discussion during CIP review) o PW&U Admin. Fund 001 - Dept. 65 - pg. 142 o Facilities Fund 001 - Dept. 66 - pg. 144 o Engineering Fund 001 - Dept. 67 - pg. 146 o Street Fund Fund 111 - Dept. 68 - pg. 148 o Water Fund 421 - Dept. 74 - pg. 150 o Stormwater Fund 422 - Dept. 72 - pg. 152 o Sewer Fund 423 - Dept. 75,76 - pg. 155 o Fleet Fund 511 - Dept. 77 - pg. 161 Administration, Facilities. Engineering (AFE) Administration o Table of Expenditures (budget book page 143) ■ Highlights - Addition of Financial Manager 3`a quarter 2018 $90,086 Salary and $37,141 benefits o Decision Packages ■ DPIO - $207 - PUD Green Power program ■ DP85 - $4,675 for hosted website • DP86 - $766 for Office 365 Migration ■ DP87 - $1,150 for Council video recording device ■ DP89 - $920 for aerial imagery *Decision packages shown in italics are shared with other departments/funds • Facilities o Table of Expenditures (budget book page 145) • Highlights - Change in accounting approach from Repair/Mtce. to Professional Services - 2018 salaries is incorrect, current estimate is $717,664 (not $768,910) o Decision Packages ■ DP - $52,000 fire alarm testing ■ DP2 - $700,000 for capital renewal projects ■ DP3 - $45,000 for contract/project management support • DP4 - $25,000 Additional Repair/Maintenance supplies ■ DP10 - $2,280 PUD Green Power program Edmonds City Council Approved Minutes October 16, 2018 Page 20 • Engineering o Table comparing Engineering expenses (budget book page 146 • Highlights - Professional services for parking study - CTR/ORCA COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Mr. Williams continued his presentation: o Decision Packages/Changes ■ DP5 - $75,000 Parking Study ■ DP6 - $28,000 Employee Incentives CTR/ORCA ■ DP7 - $3,200 Radar Traffic Collector ■ DP8 - $20,000 Pedestrian Task Force Ed. Program ■ DP85-89 - $7,511 IT Decision Packages • Expenditures: Administration, Facilities, Engineering Description 2017 2018 2018 2019 $ % $ % Actual Budget Estimate Budget Change Change Change Change 19-18 19-18 19-18 19-18 Budget Budget Estimate Estimate Administration 453,296 514,048 519,715 610,480 96,432 19% 90,765 1 17% En ineerin 2,199404 2,600,781 2,53,959 2,713,070 112,289 4% 177,111 7% Facilities 1,647,106 2,100,163 2,131,977 2,395,789 295,626 14% 263,812 12% Main. 4,309,806 5,214,992 5,187,651 5,719,339 504,347 1 10% 531,688 10% Public Works Roads (Fuad 111 • Challenges/Opportunities 2019 o Pavement Preservation - $1,500,000 new money for 2019 - 8.0 lane miles ++ 1 lane mile from utilities - Total 9.0 lane miles - more $ will be needed o Need to continue replacing/upgrading signal cabinets - $70,000/year o Discuss additional TBD Authorities for paving, ADA compliance, and sidewalk improvements • Table of Revenues (budget book page 149) o Three major revenue sources = TBD, Gas Tax, General Fund Transfer • Table of Expenditures o Highlights ■ Biggest change is new sidewalk crew - $323,294 • Increased insurance costs - $40,651 ■ No increase in General Fund transfer • Decision Packages • DP10 - $2,875 PUD Green Power ■ DPI I - $1,560 operating expense reductions (multiple line items) ■ DP12 - $323,294 Sidewalk Crew ■ DP92 - $40,651 - Insurance allocation ■ DP93 - $50 - State auditor Public Works Utilities • Utilities Major 2018 Accomplishments o 3,500 ft. of Water main Replacement Edmonds City Council Approved Minutes October 16, 2018 Page 21 o Replaced 4 Water Pressure Reducing Valve Stations o Overlay 0.65 lane miles of street affected by waterline replacements o Pavement overlay on 0.35 lane miles of street affected by sewer main replacements o Five Corners Reservoir Recoating underway o Seaview Infiltration Project o Willow Creek/Edmonds Marsh; Pre -Design 0 950 ft. of Storm pipe replacement 0 600 ft. new sewer main; 700 ft. sewer main replacement 2019 Utility Projects and Issues o Aging infrastructure for all utilities 0 3rd year of the 2nd three-year rate adjustment package specifically for rate funded pipe replacements - New rate study complete by 2nd qtr. 2019 o Lake Ballinger Sewer Trunk Main Study (3rd qtr. 2018) 0 4,040 ft. replaced water lines, 4 PRVs, 1,700 ft. replaced sewer lines, 3,500 ft. CIPP 0 5 -Corners Reservoir re-coating/re-plumbing, roof repair continues into 2019 o Biosolids Incinerator nearing end -of -life at WWTP - 2018 study of alternatives ($250k) Complete o New rate study will look at funding options for 3 large sewer projects • Water Fund 421 o Table of Water Fund Revenues (budget book page 15 1) x Highlights - 9% rate increase reflected in $ change 19-18 budget column - City UT = 14.05% State B&O Tax = 5.029% $1,965,000/year total $156,000 of the new revenue o Table of Water Expenditure (budget book page 15 1) ■ Highlights - % Change 19-18 Estimate down 1% o Decision Packages/Changes (operations) ■ DP9 - added $1,300 for equipment rate subscription ■ DPI - added $310 for the PUD Green Power Program • DP14 - added $16,100 for miscellaneous engineering software costs ■ DP15 - added $151,000 for engineering interfund services ■ DP 16 - added $464,500 for an increase to operations costs ■ DP 17 - added $1,000 for the recycling budget • DP85-89 - added $2,503 for IT • DP92 - decreased $1,627 for the insurance allocation ■ DP93 - added $570 for the State Auditor's Office fee increase • DP 18 - added $70,000 for a vacuum machine • Storm (Fund 422) o Table of Storm Utility Fund 422 Revenues ■ Highlights - 10% rate increase reflected in $ change 19-18 budget SFR from $15.62 to $17.18/mo, increase of $1.56/month - $545,000 SnoCo Loan agreement for Beach Place pump station reflected in 2019 budget o Table of Storm Utility Fund 422 Expenditures (budget book page 154) a Highlights Edmonds City Council Approved Minutes October 16, 2018 Page 22 - Beach Place pump station not done in 2018, now 2019 $1M, FEMA Grant? Decision package for $500,000 or legislature? o Decision Packages/Changes (operations) ■ DP9 - $1,300 for equipment rate subscription ■ DP10 - $210 for the PUD Green Power Program ■ DP14 - $12,800 for miscellaneous engineering software costs ■ DP15 - $369,000 for engineering interfund services DP23 - $22,500 for an increase to operations costs ■ DP24 - $19,000 for NPDES Permit Compliance ■ DP32 - $200,000 for the stormwater comprehensive plan ■ DP85-DP89 - $716 for IT ■ DP92 - $53,850 for the insurance allocation ■ DP93 - $310 for the State Auditor's Office fee increase Sewer (Fund 423) o Table of Sewer Revenues (budget book page 157 ■ Highlights; - 9.5% Rate Increase SFR -From $39.86/mo. - $43.65/mo. Increase of $3.79/mo. Total SFR increase for utilities = $9.12/mo. o Table of Sewer Expenditures (budget book page 157) o Decision Packages/Changes (operations) ■ DP9 - $1,300 for equipment rate subscription ■ DP10 - $3,450 for the PUD Green Power Program ■ DP14 - $18,900 for miscellaneous engineering costs ■ DP15 - $158,000 for engineering interfund services ■ DP34 - $70,000 for an increase to operations costs ■ DP36 - $350,000 for wastewater treatment plant repair and maintenance ■ DP37 - $30,000 Trench Shoring ■ DP85-89 - $8,944 for IT ■ DP92 - added $74,991 for the insurance allocation ■ DP93 - added $1,010 for the State Auditor's Office fee increase Combined Utilities Expenditures Fleet (Fund 511 ) Fuel. Repairs & Equipment Rental & Replacement • Table of Fleet Fund 511 Expenditures (budget book page 15 1) • Table of Fleet Revenue (budget book page 15 1) • Decision packages/changes AEF Fleet ■ DP10 - $200 for the PUD Green Power Program it DP45 - $1,328,000 per the replacement schedule of new vehicles - 400-POL 2000 GO -4 Scooter - $36,000 - 106 -STM 2007 Vactor Truck - $600,000 - 62 -SWR 2009 Cues Video Inspection Truck - $425,000 Edmonds City Council Approved Minutes October 16, 2018 Page 23 2018 2018 YE Expenditures Modified Estimate 2019 Budget Discussion Budget Utilities -Water 13,434,675 12,392,531 12,299,053 3rd year of three-year -Sewer 14,166,002 14,100,492 17,259,438 rate package -Stormwater 6,953,660 5,506,976 9,690,422 Total $34,154,337 $31,999,999 $39,248,913 Fleet (Fund 511 ) Fuel. Repairs & Equipment Rental & Replacement • Table of Fleet Fund 511 Expenditures (budget book page 15 1) • Table of Fleet Revenue (budget book page 15 1) • Decision packages/changes AEF Fleet ■ DP10 - $200 for the PUD Green Power Program it DP45 - $1,328,000 per the replacement schedule of new vehicles - 400-POL 2000 GO -4 Scooter - $36,000 - 106 -STM 2007 Vactor Truck - $600,000 - 62 -SWR 2009 Cues Video Inspection Truck - $425,000 Edmonds City Council Approved Minutes October 16, 2018 Page 23 - 3-WTR 1995 Case Backhoe - $180,000 - 102-WTR 2004 Chevrolet Colorado Pickup - $40,000 - 50-WTR 2005 Chevrolet 1500 Pickup - $32,000 - (2) Police mobile radios - $12,000 - (5) Police portable radios - $3,000 ■ DP46 - reduced the fleet fuel budget by $21,200 by expanding the propane program ■ DP77 - $65,000 for the school resource officer vehicle ■ DP92 - $3,005 for the insurance allocation ■ DP93 - $80 for the State Auditor's Office fee increase • Expenditures - Fleet - Equipment Rental Councilmember Fraley-Monillas asked if a rate increase for water was assumed. Mr. Williams explained the Council previously approved a 3 -year rate package, 2019 is the Yd year of that; water increased 9%, sewer increased 9.5% and stormwater increased 10%. A new rate study will be done in late 2018 and early 2019 and the results shared with Council. There are three large capital sewer projects and the costs are significant. Councilmember Mesaros referred to DPI and suggested conferring with local municipalities about having one full staff person to do fire testing for all cities instead of hiring a contract person. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED (6-1) COUNCILMEMBER FRALEY-MONILLAS VOTING NO. Councilmember Teitzel observed the anticipated cost for the sidewalk crew in 2019 was $323,000 for labor, benefits, supplies, equipment and a truck. He inquired about the anticipated annual savings of using an in- house crew compared with contracting. Mr. Williams answered in the last three years Council has approved $100,00 for sidewalks and $50,000 for ADA ramps which Engineering designs prior to putting them out to bid. The City also hires a contractor to build ADA ramps as part of the pavement preservation program; if an overlay touches a curb ramp, it must be upgraded. There are 13 in the 2019 pavement program at a cost of $8,000/each or $105,000. He anticipated the sidewalk crew could do much more work with the funding available than contracting for those services. Councilmember Buckshnis inquired about the process for Council review of the decision packages and whether staff expected Council to approve decision packages tonight. Finance Director Scott James answered Council was not being asked to approve decision packages tonight. The process was formatted to make it easier to follow. Councilmember Tibbott referred to DP8, $20,000 Pedestrian Task Force Education Program, commenting he has heard nothing about the task force since it was approved years ago. Mr. Williams explained the task force was meeting more frequently while educational materials were developed, targeted initial toward seniors who have different needs and challenges as pedestrians. That work is transitioning toward working with schools at the 3`d and 4" grade level to teach them how to be good pedestrians. The program lacks resources other than staff to attend committee meetings. Councilmember Tibbott said he would like to know what the Pedestrian Task Force is doing and what is being done related to traffic calming. Mr. Williams explained staff responded to as many of the Council Edmonds City Council Approved Minutes October 16, 2018 Page 24 2018 2018 YE Expenditures Modified Estimate 2019 Budget Discussion Budget Fund 511 $1,670,082 $1,626,765 $2,408,431 More replacements in 2019 - Councilmember Fraley-Monillas asked if a rate increase for water was assumed. Mr. Williams explained the Council previously approved a 3 -year rate package, 2019 is the Yd year of that; water increased 9%, sewer increased 9.5% and stormwater increased 10%. A new rate study will be done in late 2018 and early 2019 and the results shared with Council. There are three large capital sewer projects and the costs are significant. Councilmember Mesaros referred to DPI and suggested conferring with local municipalities about having one full staff person to do fire testing for all cities instead of hiring a contract person. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED (6-1) COUNCILMEMBER FRALEY-MONILLAS VOTING NO. Councilmember Teitzel observed the anticipated cost for the sidewalk crew in 2019 was $323,000 for labor, benefits, supplies, equipment and a truck. He inquired about the anticipated annual savings of using an in- house crew compared with contracting. Mr. Williams answered in the last three years Council has approved $100,00 for sidewalks and $50,000 for ADA ramps which Engineering designs prior to putting them out to bid. The City also hires a contractor to build ADA ramps as part of the pavement preservation program; if an overlay touches a curb ramp, it must be upgraded. There are 13 in the 2019 pavement program at a cost of $8,000/each or $105,000. He anticipated the sidewalk crew could do much more work with the funding available than contracting for those services. Councilmember Buckshnis inquired about the process for Council review of the decision packages and whether staff expected Council to approve decision packages tonight. Finance Director Scott James answered Council was not being asked to approve decision packages tonight. The process was formatted to make it easier to follow. Councilmember Tibbott referred to DP8, $20,000 Pedestrian Task Force Education Program, commenting he has heard nothing about the task force since it was approved years ago. Mr. Williams explained the task force was meeting more frequently while educational materials were developed, targeted initial toward seniors who have different needs and challenges as pedestrians. That work is transitioning toward working with schools at the 3`d and 4" grade level to teach them how to be good pedestrians. The program lacks resources other than staff to attend committee meetings. Councilmember Tibbott said he would like to know what the Pedestrian Task Force is doing and what is being done related to traffic calming. Mr. Williams explained staff responded to as many of the Council Edmonds City Council Approved Minutes October 16, 2018 Page 24 priorities as possible. One example was to rename the Traffic Calming Program the Pedestrian Safety Program and increase funding from $20,000 to $50,000. That would still allow traffic calming which benefits pedestrians but could also include other pedestrian safety projects. That program combined with the sidewalk crew and pedestrian safety education is staffs response to the Council's priority on pedestrian safety. The November 5 budget presentation will include a decision package regarding the Pedestrian Safety Program. Council President Nelson advised he would modify future agendas to provide opportunity for the Council to continue asking questions. 9. COUNCIL COMMITTEE REPORTS AND MINUTES Due to the late hour, this item was delayed to a future meeting. 10. MAYOR'S COMMENTS Mayor Earling advised of the AWC Regional meeting on Thursday at Everett City Hall at 5:30 p.m. that will be combined with Snohomish County Cities. AWC is seeking legislative information from attendees as well as getting a sense of priorities. 11. COUNCIL COMMENTS Councilmember Teitzel reported he and Ms. Hope toured the Arete affordable housing development in Kirkland and he encouraged Councilmembers to visit their website. The project is very impressive and high quality; it has approximately 290 units and prices range from $750 for a studio to $1,625 for multibedroom apartments. The development targets tenants at 70% AMI and is privately managed and owned and receives no city subsidy. He was hopeful something like that could be built in Edmonds in the future. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PE11 11CW 42.30.1 100 ]f 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 10:39 p.m. I JL DAVID O. EARLING, MAYOR i�6_�-;❑ PASSEY, CITY RK Edmonds City Council Approved Minutes October 16, 2018 Page 25 � � Y