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20190723 City CouncilEDMONDS CITY COUNCIL APPROVED M INUTES July 23, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Police Sergeant Damian J. Smith Police Corporal Brian V. McIntyre Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Shannon Burley, Deputy Parks & Recreation Dir. Dave Turley, Assistant Finance Director Emily Wagener, HR Analyst 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 5t' Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Buckshnis. 3. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO REMOVE ITEM 8.1 FROM THE AGENDA. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 1. OATH OF OFFICE/SWEARING IN CEREMONY -POLICE SERGEANT DAMIAN J. SMITH AND POLICE CORPORAL BRIAN V. MCINTYRE Police Chief Al Compaan explained this agenda item was to celebrate the achievement of two department members. On behalf of the Police Department and the City, he was proud to administer the oath of office to Brian McIntyre who will be promoted to the rank of corporal, and to Damian Smith who will be promoted to the rank of sergeant. Both are military veterans; Brian McIntyre served three years in the Navy, most of Edmonds City Council Approved Minutes July 23, 2019 Page 1 it with Seal Team 5 based in Coronado, California; and Damian Smith served 24 years in the Air Force and the Air National Guard and continues to serve in the National Guard, currently holding the rank of senior master sergeant and is lead first sergeant in the 194" Wing. Both bring tremendous credentials and professional experience. Police Chief Al Compaan said an oath is an important public recognition of personal and professional achievement and a pledge to the highest legal, ethical and professional standards critical to the law enforcement mission. He described Brian McIntyre's background; he has been with Edmonds Police Department since December 1, 1996, almost 23 years. He served five years as a property crimes detective, has been part of the dive team, the ALERT team, the SWAT team and homeland security DMDOT. He is also an arson investigator, a firearms and rifle instructor and has served as K-9 coordinator. In 2016 he began a 6 month assignment as acting corporal, filling in during Damien Smith's extended military deployment. Chief Compaan administered the oath of office to Brian McIntyre. His wife, Celeste, pinned his badge. Chief Compaan presented him with a certificate of promotion. Corporal McIntyre thanked everyone involved in and invested in his life to bring him to this date of promotion. He thanked Chief Compaan and Assistant Chiefs Anderson and Lawless for the opportunity to serve as acting corporal. He thanked his wife who allowed him to go into law enforcement, noting she always been in favor of his assignments in the Police Department. The Council congratulated Corporal McIntyre and his wife. Chief Compaan described Damian Smith's background; he was hired by the Edmonds Police Department June 10, 2002, 17 years. He was promoted to corporal in July 2008 and served five year as detective corporal. He is a department armorer, background investigator, field training officer, member of the dive team, taser instructor, and has served several periods as acting sergeant. His wife Michelle, and his children Raelynn and Landon joined him. Chief Compaan administered the oath of office to Damian Smith. His son, Landon, pinned his badge. Chief Compaan presented him with a certificate of promotion. Sergeant Smith thanked the Council for taking time out of their schedule for this ceremony. He could not do this job, 11 years on 12 -hour graveyard shifts as well as his military schedule without the 100% support of his wife and the understanding of his children. He thanked Chief Compaan and the department, pointing out the Edmonds Police Department has over 10% veteran membership; the chief, administration, Human Resources and the Mayor's office are 100% supportive of his military service. He relayed when doing a background investigation for a potential officer that included speaking with the candidate's girlfriend, the girlfriend told the candidate he could not work anywhere else other than Edmonds Police Department. Sergeant Smith was thankful to work for Edmonds Police Department. He thanked retired Officer Bill Nelson, who passed away last month, for being his first and true mentor and for the phenomenal culture he helped build. 2. ANNUAL VISIT AND UPDATE FROM FEDERAL LOBBYIST Economic Development/Community Services Director Patrick Doherty introduced Tim Lovain, Crossroads Strategies LLC, the City's contract lobbyist/strategist in Washington, DC, who helped secure critical funding for infrastructure projects and other important capital projects like Hwy 99, Edmonds Marsh Restoration, and Willow Creek Daylighting as well as representing the City on key legislative issue at the federal level. Mr. Lovain is here on one of visits to this area, an opportunity to provide an update about what he has been doing in Washington DC. Mr. Lovain said this is his annual visit to Edmonds to talk about what his colleagues and he are doing to assist Edmonds in Washington DC, both in the congressional and executive branches to further key infrastructure projects such as Edmonds Marsh Restoration, Hwy 99 Redevelopment and key legislative items such as advocating for fair administration of infrastructure grant programs like BUILD. He maintains Edmonds City Council Approved Minutes July 23, 2019 Page 2 regular contact with senators and congress, house members from the Washington State delegation who represent Edmonds as well as allies on key issues and projects. They also assist with scheduling meetings for the Mayor, Council and Staff when they visit DC, most recently on Puget Sound Day on the Hill which Mayor Earling, Councilmember Buckshnis and Directors Hite and Williams participated in and where a lot was learned about seeking federal assistance for the Edmonds Marsh Restoration. Mr. Lovain explained the firm provides regular emails to staff and Mayor Earling regarding reports on the hill and changes that are occurring and they are on call at all times to respond to any questions and to reach out to the delegation as needed and requested. These are interesting times in DC, wild and getting wilder as the election approaches. This week a 2-year budget agreement between the president and the democratic leaders of congress was reached which will provide for some increase in spending on infrastructure; details to follow, and hopefully will avoid a government shutdown. The agreement provides topline funding levels for the next two years and raises the federal debt ceiling for two years. There are still appropriations for fiscal year 2020 to be addressed in September. The House has completed action on almost all their bills; the Senate was waiting for the budget agreement. He summarized he enjoys working with Edmonds, Councilmembers, Mayor and Staff and appreciates the opportunity. Councilmember Teitzel referred to Mr. Lovain's comments regarding infrastructure spending, recalling Mr. Williams reported earlier this year that the federal government has issued new guidelines regarding ADA curb ramps, requiring cities to renovate their existing curb ramps to comply with the new standards but provided no funding, basically an unfunded mandate. Replacing all the City's curb ramps will cost tens of millions of dollars. He asked whether Mr. Lovain was aware of that issue and whether there had been any discussions about the federal government's increased infrastructure spending to provide funds for that mandate. Mr. Lovain said he was not familiar with that issue and offered to follow-up with staff to see what can be done, noting that seemed like a surprising, expensive policy change. Councilmember Mesaros said there has been a lot of talk about infrastructure including discussions by the president and the House of Representatives but no solutions or proposed programs, yet there is a desire by the American people to do something about infrastructure. He asked about progress on that in the next year or whether there would just be conversations and no action. Mr. Lovain answered there have been multiple infrastructure weeks this year; the problem is always funding. The positive news is the budget agreement which will allow some increase in infrastructure spending this fiscal year and next both in grants programs and formula programs. Second, Congress is working on reauthorization of their surface transportation bill (FAST Act) which presents opportunities for positive policy changes as well as securing additional funding. It also requires cooperation on funding of the financing committees, House Ways and Means and Senate Finance. The FAST Act has to be to be reauthorized or extended past October 1, 2020. The Senate Environment and Public Works Committee is scheduling a markup of their bill, which covers all the highway and bridge programs, next week. Councilmember Mesaros referred to the ballooning deficit, commenting after eight years of declining deficit under the Obama administration, the deficit is now increasing under the Trump administration. Looking back to the Clinton administration, democrats are the party of balanced budgets and the republicans the party of great deficits. He asked if Mr. Lovain was seeing any change in that shift, noting deficits will keep infrastructure from happening. Mr. Lovain said borrowing is always an option because gas tax supports the program. Currently approximately 40% of the funds in the Highway Trust Fund are transferred General Funds and going away from a user fee system. If there could be a secret ballot in Congress, he anticipated there would be overwhelming support for a gas tax increase. Council President Fraley-Monillas asked about progress on funding for Hwy 99. Mr. Lovain answered they just learned about that project and are keeping their eyes open. Once a grant application is prepared, they Edmonds City Council Approved Minutes July 23, 2019 Page 3 would work on getting delegation support. At this point it's preliminary and defining the projects is the next step. They cannot seek support from the delegation and agencies until there is a defined project request. Council President Fraley-Monillas asked for clarification regarding his comment about a grant application. Mr. Lovain said they have sought grants for the City for projects such as for the Edmonds Marsh. They look at all funding sources including formula programs, discretionary grant programs and others. Council President Fraley-Monillas asked if his firm was just beginning work on Hwy 99. Mr. Lovain said it hasn't come to him yet because there needs to be more definition on specific projects. Council President Fraley-Monillas inquired about progress on funding for the Edmonds Marsh. Mr. Lovain said they learned a lot, the hang-up is the Unocal site; once that is resolved and an MOU agreed to, they can move ahead with seeking funds from various sources. Council President Fraley-Monillas asked if Mr. Lovain usually worked on transportation and were there other people in the firm involved with environmental projects. Mr. Lovain said he does a lot on transportation but has experience with many water -related projects; he taps into the wisdom of his colleagues when needed. With regard to Hwy 99, Mr. Williams explained the focus has been at the State level for programmatic funds that come through PSRC and positioning the City for those grants, which are federal funds. With Mr. Lovain's assistance, the City has lobbied at the federal level to increase the size of the "pie" and ensure there is a continuing source of federal money for grant programs — make the grant program bigger so cities can compete. Cities do not approach their federal delegation to ask for funding for a specific proposal; their role is ensuring the programs have the right policies and eligibility criteria so that once it is announced, the City can compete for those federal funds via PSRC. The State legislature set aside $1 OM; a plan has been developed for the Hwy 99 frontage including individual projects. Now staff needs to position individual projects for specific sources of grant funding. City staff typically writes those applications themselves. Council President Fraley-Monillas said the City approached the congressional legislature directly for the Waterfront Connector. Mr. Williams said the City explained the project to them, trying to build enthusiasm and get them to write supportive letters to accompany grant applications. It's difficult to say how the letters affect the grant awards as the granting agencies have their rating criteria and reviewers score the grant application. He assumed those letters were helpful, recalling BUILD staff said they were. Grant applications are a package, the grant application, the project, local match, risks, support from other partners, whether the project fits the criteria, etc. The City has used Mr. Lovain to talk to legislators about the importance of the programs, usually not about a specific project. Cities do not ask congressional delegation directly for money; requests must go through the established programs but it is important that the policies are fair, the criteria clear and that there are funds available to compete for. Council President Fraley-Monillas assumed the City has asked for letters of support, worked on grants, lobbied committees in DC, etc. for funding for Hwy 99. Mr. Williams answered yes, but the BUILD applications that have been submitted and the INFRA applications have been for the Waterfront Connector. With that now sidelined, Hwy 99 is great project for transportation funding. The State has provided funds to start that project. He recalled discussions last year during the CIP process and anticipated it would occur again this year regarding safety improvements on Hwy 99 via an interim project and the 234" intersection. Funds will be sought specifically for those projects. Council President Fraley-Monillas commented that would be from the $ l OM set aside. Mr. Williams agreed. Council President Fraley-Monillas recalled the State released $300,000 during the last biennium and asked when the remaining $8.5M would be available. Mr. Williams explained the City received $1M originally and $300,000 this year to finish the plan and begin working on the project at 234th. Council President Fraley - Edmonds City Council Approved Minutes July 23, 2019 Page 4 Monillas observed once the planning is complete, another $8.5M could be freed up from the State. Mr. Williams said staff will apply for BUILD and INFRA grans as well as programmatic moneys through PSRC. Mayor Earling commented the $8M will be the City's money and can be used to advance projects more quickly. The challenge will be grants often require matching funds. The requirement for the Waterfront Connector was 50-60% local match; under the previous formula, the local match requirement was 10-20%. It has been challenging for smaller communities trying to develop multimillion projects such as Hwy 99 which is estimated to cost $150M -$200M. It's not that nothing has been done, the City just does not have enough money to qualify for large grants. 5. AUDIENCE COMMENTS Willie Russell, Everett, referred to a meeting with Snohomish County Councilmember Stephanie Wright who said in 2020 the Snohomish County Council will provide a transportation tax increase. He was here tonight due to his concern about an incident. As a U.S. Army veteran, he firmly believes in the U.S. Constitution; he is also a candidate for the Snohomish County Council. As a result of asking questions, he was told he could not come here for five weeks in a court order from the 21St Legislative Democrat leader Sharon Holt. He has never been in the Council office, never done anything illegal in the City and did want someone walking into a courtroom telling a lie because she is a democrat and damaging his 42 year democratic reputation. He is no longer a democrat. Snohomish County is a disgusting county, they are bullies and lie in court. When she was lying in court, Judge Goodwin reminded her there were constitutional rights; she said I'll find another judge. He referred to the Constitution and the Pledge of Allegiance that was stated at the beginning of the meeting, pointing out Americans does not know what justice for all means, children don't know, grandchildren aren't learning it in school. He asked the City Council to think about not governing the people but representing the people. The Lynnwood Police Department told him lying is okay, apparently that is the new community policing. He will provide a copy of the Constitution for the Police Department and will leave 200 copies at City Hall tomorrow. 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 16, 2019 2. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 16, 2019 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. ACKNOWLEDGMENT OF CLAIM FOR DAMAGES 5. MAY 2019 MONTHLY FINANCIAL REPORT 7. COUNCIL COMMITTEE REPORT 1. COUNCIL FINANCE SUBCOMMITTEE REPORT AND MINUTES Finance Committee Councilmember Mesaros reported the Finance Committee discussed utility rates that were previously discussed by the City Council. Two different positions were expressed by Council, pay-as-you-go, staff's Edmonds City Council Approved Minutes July 23, 2019 Page 5 recommendation, which will increase utility rates approximately 2% to pay for infrastructure need. The converse view was pay later so that some of the capital cost was shared over 20 years. Committee members (Councilmember Buckshnis and he) asked staff to consider a blend of rates and bonding. One of the dilemmas of not increasing rates is at a certain point rates will increase exponentially rather than increase gradually. The dilemma is how to have the necessary infrastructure improvements without dramatically impacting users. One of the cost increases that the City has no control over is increased cost of water from Alderwood Water who is passing on a substantial increase from Everett Water. Staff will present additional scenarios to the full Council. 8. ACTION ITEM 1. REPORT ON BIDS FOR THE DAYTON STREET STORMWATER PUMP STATION PROJECT AND CONTRACT AWARD This item was removed from the agenda under Agenda Item 3. 9. STUDY ITEM I. BUDGET DISCUSSION TO REVIEW OVERARCHI_NG COUNCIL AND COMMUNITY PRIORITIES ^ Mayor Earling introduced this item, explaining the Council and staff have had a couple retreats, most recently a budget retreat. He referred to notes in the packet from that retreat regarding issues raised. This agenda item is for Council to provide specific feedback on big picture priorities. Council President Fraley-Monillas read from the budget retreat notes: During the discussion of the Council/Staff/Mayor budget priorities, it was determined that the Council would meet with the Mayor within two weeks after the retreat to discuss overarching Council and community priorities. The Mayor will then go back to the staff to get feedback on these priorities. High level priorities were requested and it was suggested business plan ideas that cover six to eight important items. Council President Fraley-Monillas was uncertain there would be sufficient time this year to develop a business plan. A budget calendar is being developed. She suggested the intent was to identify high level ideas and staff will return with a proposed plan and cost estimates. Via a round robin format, Councilmembers identified overarching priorities they would like administration to consider: • Building maintenance and the $6M backlog (Councilmember Johnson) Mayor Earling advised staff is developing a projected plan. • Hire third party to conduct a comprehensive study of all Non -Represented (NR) salaries (Councilmember Mesaros) Council considered taking action on a policy related to NR salaries and chose not to take action. The City is falling behind especially on director level salaries. In particular, the salaries for the two assistant police chiefs are approximately $40,000 behind their comparable positions in Lynnwood. • Create a Human Services Department (Council President Fraley-Monillas) Edmonds is the only city of its size in Snohomish County or in the surrounding cities that does not have a Human Services Department. A definition of human services could include finding and retaining gainful employment, survival and support in times of personal and family crisis, assistance in overcoming family or individual problems, and helping to gain access to available and appropriate services. The City Council has attempted to do some of this through the City Council office; thanks to Councilmember Johnson, work is being done on resources for seniors but she was unsure that should be the City Council's role long term. • Vehicular and pedestrian safety on Hwy 99 (Councilmember Teitzel) Edmonds City Council Approved Minutes July 23, 2019 Page 6 There have been a lot of vehicular and pedestrian accidents on Hwy 99 including people crossing Hwy 99 who have been struck and killed. He was hopeful the 2020 budget would include funds for C -curbs to limit left turns as well as reduce the speed limit by 5 mph, a new pedestrian crosswalk, and increased traffic enforcement by local police and State Patrol. • New economic development strategies to recruit and retain businesses (Councilmember Nelson) • Public safety needs for the City (Councilmember Tibbott) As population expands, ensure the City is providing police and fire service ■ Revitalize a section of Hwy 99 (Councilmember Johnson) The most urgent area is near Safeway area where the motels are and a great deal of crime occurs. • Increase the City's ability to communicate with citizens (Councilmember Mesaros) Have a staff person responsible for that function, especially with changes in communication over the last 5 years and use the of personal media and technology to communicate and respond. • Staff provide ideas regarding how to reach the community better (Council President Fraley- Monillas) Look at the City as whole and how best to reach out to all areas. • Overarching pedestrian safety goal - fix existing sidewalks that are in poor condition before adding new ones (Councilmember Teitzel) • Overarching goal of infrastructure —staff provide information about building that need major retrofitting or replacement (Councilmember Tibbott) • Funding for open space (Councilmember Johnson) Funds have been allocated for this in varying amounts over the years; rather than carrying over those amounts, they are used to fund other things. For example, this year staff recommended using the funds to cover the shortfall in the Waterfront Redevelopment project. She would rather build up the fund so it contains several million dollars for open space acquisition. • Support for Creative District (Councilmember Mesaros Over the last 10 years, arts have helped the City grow economically. The ECA was founded in 2008; the downtown core is flourishing and other arts have blossomed due to the City's investment in the ECA. It is time to continue that investment, expand on the State designation and be the model for other cities. • Specific program progress in the environment to include the marsh (Council President Fraley- Monillas) The Edmonds Marsh is a big project but there are other environmental needs from green buildings to trees to what can we do to secure process for the environment. • Overarching goal of improving salmon habitat — remove barriers to salmon passage in streams (Councilmember Teitzel) • Overarching goal of infrastructure — ideas about stormwater projects that would improve water quality going into streams and handling stormwater before it enters Puget Sound (Councilmember Tibbott) In particular, new strategies for infiltration before water enters Puget Sound. • Implementation of 4th Ave Arts Corridor (Councilmember Johnson) • How best to improve the environment (Councilmember Mesaros) Realizing there is only so much money, what are the environmental priorities, protecting environmentally sensitive areas, and ensuring growth occurs properly and the proper places are protected • Partner with neighboring cities in 2020 to potentially fund and coordinate resources to collectively and effectively address homelessness (Councilmember Teitzel) Homelessness affects everyone in the South County region; it cannot be fixed in a silo. • Better understanding of the role of ECA and how it affects the City's budget (Councilmember Johnson). Edmonds City Council Approved Minutes July 23, 2019 Page 7 ECA repayment plan, how it will eventually be passed over to the City and the ECA's ideas for a master plan. Whether to do a one-year or two-year budget (Councilmember Johnson) Mayor Earling announced there would be an executive session at end of the meeting to review qualifications of an applicant for public employment. 10. MAYOR'S COMMENTS Mayor Earling reported he had the privilege of participating in the Apollo 11 ceremony. A respectable sized crowd attended and there were a number of local speakers including Larry Vogel who provided a historical summary of his interest in outer space. Mayor Earling reminded staff that decision packages are due Friday. 11. COUNCIL COMMENTS Councilmember Mesaros announced he survived the triathlon, accomplishing it one minute faster than the prior year. Councilmember Johnson commented there were some very interesting "what were you doing 50 years ago" comments in the Edmonds Beacon by Rick Steves and other notable citizens. Council President Fraley-Monillas advised she and Mayor Earling will meet to discuss a budget schedule. The retreat facilitator recommended changing the past process of lengthy presentations by departments. Mayor Earling requested Finance Director Scott James also participate in the meeting in order to effectively work through any changes. Council President Fraley-Monillas announced there is no Council meeting next week. The deadline for Councilmembers to select their appointees to the Housing Commission has been extended to August 16 and she anticipated the Housing Commission's first meeting would in September. 12. CONVENE IN EXECUTIVE SESSION TO REVIEW QUALIFICATIONS OF AN APPLICANT FOR PUBLIC EMPLOYMENT PER RCW 42.30.11 00)(a) At 8:04 p.m., Mayor Earling announced that the City Council would meet in executive session to review qualifications of an applicant for public employment, per RCW 42.30.110(1)(g). He stated that the executive session was scheduled to last approximately 10 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Johnson, Fraley-Monillas, Teitzel, Tibbott, Mesaros and Nelson. Others present were City Attorney Jeff Taraday and HR Analyst Emily Wagener. The executive session concluded at 8:14 p.m. 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION Mayor Earling reconvened the regular City Council meeting at 8:14 p.m. Edmonds City Council Approved Minutes July 23, 2019 Page 8 14. ADJOURN With no further business, the Council meeting was adjourned at 8:15 p.m. iRLING, DA IbO.E MAYOR Imp Edmonds City Council Approved Minutes July 23, 2019 Page 9