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20191001 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES October 1, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ALSO PRESENT Zach Bauder, Student Representative 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Shane Hope, Development Services Director Rob English, City Engineer Jeanie McConnell, Engineering Program Mgr, Kemen Lien, Environmental Program Mgr. Frances Chapin, Arts & Culture Program Mgr. Carolyn LaFave, Executive Assistant 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. LAND ACKNOWLEDGEMENT Councilmember Johnson read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. PRESENTATIONS 1. PRESENTATION ON THE EDMONDS HISTORICAL MUSEUM ANNUAL SCARECROW FESTIVAL Edmonds City Council Approved Minutes October 1, 2019 Page 1 Dave Buelow, Edmonds Historical Museum, commented this is the seventh annual Scarecrow Festival, a free, fun and family friendly event. He recalled the first year was partly in response to Mayor Earling's request to decorate the City for the Sister City delegation as well as to enhance public awareness of the museum, have a community event tied to Halloween and the haunted museum as well as to attract people to Edmonds and downtown businesses. Throughout the 6 years of the festival, 500 scarecrows have been constructed by 250 builders and over 10,000 voters, a hugely successful event. The format for 2019 is the same as 2018; 7 categories that includes 5 business categories, a residential category and a non-competitive category. He noted there have been no entries in the non-competitive category in the last two years. Scarecrows compete for top vote getters (3) in each category who receive a certificate and first place in each category receives a one-year membership to the museum. There are also special judged awards for Best First Time Entry and Most Historic Entry. He reviewed key dates: • October 2 — 15: Register scarecrows ■ Voting: October 16 —November 1. • Reception to announce winners: November 4 Further information is available at www.historicedmonds.org, the scarecrow hotline 425-774-0900 and flyers are available tonight in Council Chambers. He challenged the Council and candidates to build a scarecrow and encouraged the public to build a scarecrow, vote and have fun. Councilmember Mesaros questioned the City having a festival to scare away birds, commenting it was a conundrum for him to build a scarecrow that scares away birds. Mr. Buelow recalled Councilmember Mesaros asked last year how many birds were scared away to which he answered no one knows. This is intended as a fun event, noting many scarecrows include a crow perched on them. Councilmember Mesaros suggested calling it the Edmonds Crow Festival. 2. NATIONAL ARTS & HUMANITIES MONTH PROCLAMATION Mayor Farling commented Edmonds is proud of its arts and humanities programs. He read a proclamation declaring October as National Arts and Humanities Month in Edmonds, Washington, and call upon our citizens to celebrate and promote arts and culture in our nation and support the many cultural activities that flourish in Edmonds. Arts Commission Vice Chair Rhonda J. Soikowski accepted the proclamation. Ms. Soikowski said the Arts Commission works year round to ensure Edmonds residents as well as the wider community have access to arts and humanities programming. She referred to a list of arts and humanities activities prepared by Arts & Culture Program Manager Frances Chapin that includes Write on the Sound, the Scarecrow Festival, films, music, performance, etc. She suggested choosing one activities at random as a way to support arts and humanities. 3. 2019 ESCC STUDENT EXCHANGE PRESENTATION Chaperones Catherine Mathias and Katy Renz commented it was wonderful to be able to go to Japan and stay with host families. The chaperones and student delegates Kaden Pothisuntorn, Julia Lee, Aly Osborne, and Ashlyn Rucker shared a video with highlights of their trip to Hekinan, Japan including tours, food, celebrations, school, meeting Hekinan's Mayor, aquarium, fire department, calligraphy, visiting Kyoto, flower arranging, farewell dinner, and Genkiss Festival. The student exchange includes 2 chaperones, 10 high school students and an interpreter. Aly Osborne said traveling to Japan had been a dream of hers for the past 8 years and thanks to this program, she was able to go. She anticipated having a heightened knowledge about the culture, but instead returned with unforgettable memories, an insatiable desire to learn about the culture, and an amazing new family. Edmonds City Council Approved Minutes October 1, 2019 Page 2 Kaden Pothisuntorn described his memories of the trip, commenting it was a great opportunity to go to Japan and learn about their culture and meet new people. One of his memorable moments was the Genkiss festival and the experience of dancing and meeting people during the festival. Council President Fraley-Monillas asked when the delegation went to Hekinan. Ms. Mathias said it was two weeks at the end of July/beginning of August. The Hekinan delegation came to Edmonds four days later. Councilmember Johnson asked how often the delegation goes to Hekinan and how students apply. Ms. Mathias explained the past practice has been a student delegation every year for four years and one year for an adult delegation. Information is available at the high school, on the website, etc. in January/February. Councilmember Johnson expressed her appreciation for the chaperones, commenting it was enlightening for both countries. Mayor Earling commented the chaperones have a great time and do a fabulous job managing chaos. Ms. Mathias said this year's delegation was a great group of high schoolers and they enjoyed getting to know them. Mayor Earling explained an adult delegation goes to Hekinan every five years and it is a very rewarding experience. He and his wife have gone to Hekinan twice, finding it an enriching experience followed by the Hekinan delegation coming to Edmonds. The Hekinan delegation always comes to Edmonds for Halloween and bring their own costumes. 6. AUDIENCE COMMENTS Ken Reidy, Edmonds, asked why a high priority item and something budgeted for on multiple occasions, the code rewrite, not been executed. He asked for a full disclosure of all public funds spent on the code rewrite since 2006 and an accounting of what the use of that public money has accomplished. Even though the status of the code rewrite is a mystery, the City Attorney and City Staff began amending the Street Vacation Code on or before May 2018. In April 2019, he emailed Mayor Earling asking who initiated the code amendment; whether it was requested by the City Council, Planning Board or Staff; what was the status of that code amendment; whether the public process has started yet including public notifications and a public hearing by both the Planning Board and City Council; whether the City Attorney has prepared a draft ordinance; whether the Planning Board provided a recommendation about the code amendment to the City Council; whether the code amendment made it onto the Planning Board extended agenda; and whether the street vacation amendment would be voted on by City Council before the end of 2019. Mayor Earling did not respond to his email or answer any of his questions. Mr. Reidy explained the Street Vacation Code Amendment was being introduced to Council tonight which worried him. He asked why Council was still doing piecemeal code amendments. He suggested cleaning up Title 21 first so solid definition could be used throughout the entire code. On December 12, 2006 the former City Attorney advised City Council that definitions were the next task in the code rewrite. The current City Attorney attended both the August 14 and September 25, 2019 Planning Board meetings. He was uncertain if his attendance was requested or he decided to attend on his own. On August 14, 2019, the City Attorney stated he represents the City of Edmonds. I'm here to advance the interest of the City of Edmonds, not individual property owners. So if I see that state law allows the City of Edmonds to collect more money for a street vacation than it is currently collecting, it is my job as city attorney to make that option available to the policy makers and let them decide whether they want to adopt that into their code or not, but we are leaving money on the table right now, that is the bottom line. Policy makers may decide it is good to leave money on the table, that's a policy, but I'm telling you we are leaving money on the table. Mr. Reidy pointed out no state laws have changed; elected Councilmembers decided the City's policy was good long ago. As the City Attorney has made clear that he does not represent Edmonds property owners, he hoped the Council would go to great lengths to ensure that property owners know what is going on. Edmonds City Council Approved Minutes October 1, 2019 Page 3 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 24, 2019 2. APPROVAL OF CLAIM CHECKS, WIRE PAYMENTS AND PAYROLL CHECKS 3. ACKNOWLEDGMENT OF CLAIM FOR DAMAGES 4. WASSALL PEDESTRIAN EASEMENT AT THE NE CORNER OF 639 2ND AVE 5. LARSEN SHORT PLAT -10-FT STREET ROW DEDICATION ALONG 75TH PL W AND RETAINING WALL MAINTENANCE EASEMENT ALONG 72ND AVE W 8. REPORTS 1. WINDWARD MARSH STUDY PRESENTATION -FINAL REPORT Mayor Earling declared a brief recess. Councilmember Buckshnis recalled in 2017 after the Shoreline Master Program added the Edmonds Marsh to the shoreline, the Council decided to do an independent study regarding the Edmonds Marsh estuary. An 18 months study was conducted by Windward. Their voluminous report is on available on the City's website, it includes the report, appendix, and evaluation of restoration projects, Marsh buffers, and buffer widths. Jenny Love, Windward, explained they presented this information at a public open house last night where attendees asked numerous good questions and provided comment. She reviewed: + Overview of Tasks Completed o Task 1: Baseline Monitoring Study o Task 2: Evaluation of Buffer Widths and Ecological Functions: A Review to Support the Edmonds Marsh Study and Initial Evaluation of Edmonds Marsh and Shellabarger Marsh Buffer Zones o Task 3: 2019 Shoreline Master Program Update o Task 4: Edmonds Marsh Estuary Restoration Project Impacts • Purpose of Baseline Monitoring Study o Document current conditions within the Marsh and its buffer areas o Evaluate the ecological functions being provided by these habitats o Help identify restoration opportunities such as vegetation enhancements o Coordinate with and provide an overview of data and information being collected by other groups • Baseline Monitoring Study — a year of data of collection o Soil and sediment characteristics o Water quality and depths o Vegetation surveys o Invertebrate surveys o Wildlife surveys o Photographic surveys Photographs: Edmonds City Council Approved Minutes October 1, 2019 Page 4 o Water quality with hand-held meters o Vegetation surveys (in buffer zones and marsh interior) o Invertebrate surveys o Wildlife surveys o Photographic surveys — photo stations ■ Baseline Monitoring Study Community Involvement shared photos via Edmonds Marsh Madness Flickr page. Results of physical monitoring parameters o Buffer Soils and Marsh sediments Buffer Soils I Marsh Sediment ■ Contain large percentages of sand and ■ Contain higher percentages of silt and clay gravel compared to buffer soils ■ High organic matter content in the north ■ Organic matter content ranged from 7 to buffer zone and the North Shellabarger 13%, large quantities of organic matter Marsh Buffer zone (plant detritus and small roots) also ■ Bulk density measurements below those visually observed in sediments known to restrict woody plant root growth • Acidic sediment pH, consistent with the and prevent water infiltration Mukilteo muck soil series ■ Acidic soil pH, consistent with the soil series in and around the Marsh • Discrete Water Quality Monitoring o Washington State WQC generally met, with some exceptions o Afew low p Ron Gouguet, Windward, reviewed: • Graph of Water Levels vs Rain and Gate State Graph of salinity vs rain and gate state • Graph of Station 5 (7/17/19 to 10/22/18) Salinity (ppt) * Graph of East and West Sides Hwy 104 — water elevation and rainfall Ms. Love reviewed: Results of biological monitoring parameters o Photographs of invertebrates Overview of Marsh Buffer Zones Surveyed o North Buffer Zone (along Harbor Square) o North Buffer Zone of Shellabarger Marsh o Southeast Buffer Zone (along SRI 04) o South Buffer Zone (Willow Creek Fish Hatchery) North Buffer Zone o Aerial photograph and photos of vegetation, primarily deciduous o Vegetation and Invertebrates of the North Buffer Zone Vegetation Invertebrates ■ Red alder and Scouler's willow dominant in the canopy (cover 82 • Springtails to 85% during growing season • Flies ■ Scouler's willow, Himalayan blackberry, installed native shrub ■ True bugs mixes in the understory E Spiders • Broadleaf cattail, water parsley dominant groundcover species • Bark lice • Others o Birds of the North Buffer Zone and Adjacent Marsh Area (survey radius: 50 meters) • American crow (summer) • American robin (fall, winter, spring) • Anna's hummingbird (summer, winter, spring) Edmonds City Council Approved Minutes October 1, 2019 Page 5 ■ Bewick's wren (spring) ■ Black -capped chickadee (fall, spring) ■ Common yellowthroat (summer, spring) • Dark -eyed junco (various) ■ Golden -crowned sparrow (fall, winter, spring) ■ Marsh wren (summer, winter, spring) ■ Red -winged blackbird (winter, spring) ■ Song sparrow (summer, fall, winter) ■ Spotted towhee (spring) ■ Yellow-rumped warbler (winter) North Buffer Zone of Shellabarger Marsh o Aerial photograph and photos of deciduous canopy and understory o Ve-zetation and invertebrates of the North Buffer Zone of Shellabaraer Marsh Vegetation Invertebrates ■ Red alder dominant in the canopy (cover 81 to 95% during ■ Flies growing season) ■ Springtails ■ Himalayan blackberry dominant in the understory ■ Beetles Purple loosestrife, bittersweet nightshade, and field bindweed (all ■ Spiders invasive plants) dominant groundcover species ■ Snails R Others o Photo of diversity of flies o Birds of the North Buffer Zone of Shellabarger Marsh and adjacent Marsh area ■ American crow (summer, winter, spring) • American robin (winter, spring) ■ Anna's hummingbird (summer, winter, spring) ■ Bewick's wren (summer) ■ Dark -eyed junco (winter) ■ House finch (fall, spring) ■ Marsh wren (summer, spring) ■ Red -winged blackbird (summer, winter, spring) ■ Song sparrow (fall, winter) ■ Spotted towhee (winter, spring) ■ White -crowned sparrow (winter, spring) @I Wilson's warbler (spring) Southeast Buffer Zone o Aerial photograph and photos looking north SRI 04 on right and looking into marsh o Vegetation and Invertebrates of the Southeast Buffer Zone Vegetation Invertebrates ■ Common hawthorn (canopy cover 80 to 95% during ■ Spiders growing season) ■ Springtails • Himalayan blackberry dominant in the understory M Flies ■ Himalayan blackberry and trailing blackberry dominant = Slugs in groundcover stratum Others • South Buffer Zone o Aerial photograph and photo of mixed canopy o Wide band of forested vegetation o Unique characteristics Willow Creek and standing snags o Vegetation and Invertebrates o the South Buffer Zone Vemetation Invertebrates Edmonds City Council Approved Minutes October 1, 2019 Page 6 Red alder, bigleaf maple, Douglas fir, western red cedar, western hemlock in canopy (cover 77 to 94% during growing season) Salmonberry dominant in the understory, many other native shrub species present Skunk cabbage and youth -on -age predominant ■ Flies + Spiders and harvestmen ■ Stonefly ■ Others o Birds of the South Buffer Zone ■ American crow (summer, winter, spring) ■ American robin (fall, winter) ■ Bewick's wren (spring) * Black -capped chickadee (summer, fall, winter) + Brown creeper (summer) ■ Downy woodpecker (spring) ■ Golden -crowned kinglet (summer, winter) ■ Northern flicker (fall) ■ Pacific -slope flycatcher (summer) ■ Pileated woodpecker (spring) ■ Red-tailed hawk (spring) ■ Song sparrow (all seasons) ■ Spotted towhee (summer) ■ Swainson's thrush (spring) ■ Varied thrush (winter) o South Buffer Zone Wildlife Cameras ■ Saw most mammal presence in this zone: deer, coyote, racoon Marsh Interior o Vegetation of the Marsh Interior Western Lobe of the Main Marsh Eastern Lobe of the Main Marsh + Dominated by: ■ Dominated by cattail — Native salt tolerant vegetation ■ Also "islands" of willow and alder — Saltgrass and Pacific silverweed ■ Main invasive species: reed canarygrass, — Hardstem and cosmopolitan bulrush bittersweet nightshade, and Himalayan — Lyngbye's sedge blackberry — Pickleweed and brass buttons ■ Cattail ■ Invasive species: common reed, bittersweet nightshade, reed canarygrass, Himalayan blackberry, Japanese knotweed, some purple loosestrife o Views of eastern marsh interior and western Marsh Interior Diversity of Birds in the Marsh o Raptors: bald eagles, red-tailed hawks, Cooper's hawk, northern harrier o Canada geese, American wigeon, mallard ducks, gadwall ducks, other waterfowl o Killdeer, spotted sandpiper, and other shorebirds o Great blue heron during all seasons o Swallows, sparrows, wrens, chickadees, nuthatches, kinglets, red -winged blackbirds, warblers, finches, crows, robins, and others o Belted kingfisher near Unocal pond and Willow Creek o Important perching/foraging area in the Marsh Photographs: Edmonds City Council Approved Minutes October 1, 2019 Page 7 o Birds of the marsh — foraging (Bill Anderson's photos) o Birds of the marsh — breeding o Predator -prey interactions Ms. Love provided a summary of literature Review (Task 2) • Ecological functions of buffers o Water quality improvements/microclimate maintenance o Inputs of large woody debris o Wildlife habitat o Protection from disturbance • Recommended buffer widths vary by ecological function, as well as by many other factors • Buffer Width Recommendations from Literature — Water Quality o Buffers can best improve water quality when water flows slowly through a buffer zone in a non -channelized (i.e., spread out), flow path 0 50 to 100 ft for shading to maintain natural water temperatures 0 30 to 100 ft to remove majority of sediment load o Wide variability in findings for nutrient removal (13 to 860 ft) 0 12.5 to 115 ft for fecal coliform reduction in most studies o Approximately 50 ft for pesticide residue removal • Ability of Edmonds Marsh Buffers to provide cooling shade o South Buffer Zone was the only place where the water quality benefit of maintained cool water temperatures in the summer was observed; cooler temperatures were observed in both Willow Creek and the adjacent Marsh. o Water temperature readings collected within and adjacent to the North Buffer Zone (30 to 60 ft of canopy) were above WQC in the summer. o The highest summer water temperature reading was taken at the Marsh outlet basin, indicating that water is warming as it passes through the channelized portion of Willow Creek and the Marsh interior. o Wider bands of buffer vegetation around the channelized portion of Willow Creek and the Marsh, and possibly other features like large woody debris around mudflat perimeters, would provide more shade and help keep summer water temperatures cooler • Buffer Width Recommendations from Literature — Large Woody Debris o Large woody debris can be defined as large pieces of dead wood present in a natural area (e.g., standing snags, pieces of a felled tree). o Large woody debris provides: ■ Roosting, foraging, nesting, and denning habitat for birds and mammals ■ Habitat for invertebrates and plants ■ In -stream fish habitat and water temperature regulation (shading) ■ Organic matter inputs to soil and streams and other water bodies o Large woody debris helps control erosion, trap sediment, and keep soils cool and moist. o Buffer width recommendations for the provision of large woody debris typically ranged between 33 and 200 ft. • What do we see in Edmonds Marsh and its buffer zones? o South Buffer Zone contained the most large woody debris, as well as lots of standing snags at the transition between forest and emergent marsh. o Shellabarger Marsh North Buffer Zone (-65 to 100 ft wide) contained the next greatest amount. o Fewer and smaller pieces of large woody debris were found in the North Buffer Zone (-25 to 50 ft wide where surveyed) and Southeast Buffer Zone (-60 to 115 ft wide where surveyed). o Few (3) pieces of large woody debris were identified in the western Marsh interior. o Large woody debris appears to be more prevalent in the southern portion of the eastern Marsh interior — contributions from surrounding forested buffer. Edmonds City Council Approved Minutes October 1, 2019 Page 8 Buffer Width Recommendation from Literature — Wildlife Habitat o Recommendations for wildlife habitat, vary depending on species, life cycle stage/season, and habitat component (e.g., nesting habitat vs. foraging habitat). o Examples of buffer width recommendations for different animal groups: ■ 200 to 655 ft for birds ■ 230 to 590 ft for mammals ■ 240 to 950 ft for reptiles and amphibians ■ At least 100 ft for benthic invertebrates in streams What do we see in Edmonds Marsh and its buffer zones? o Birds ■ Herons, shorebirds, raptors, and other species use the Marsh interior year-round. Riparian trees and snags along the south side of the Marsh provide important perches and foraging habitat. ■ More forest -loving birds are in South Buffer Zone, particularly woodpeckers. o Mammals ■ Deer, coyote, rabbits, and raccoons are common in the South Buffer Zone. ■ Coyote common in the Marsh interior. ■ Deer rear young and possibly breed in the South Buffer Zone. o Reptiles: No formal surveys of these animals occurred, but an amphibian egg mass was observed in Shellabarger Creek, and garter snakes were observed in various buffer zones. o Invertebrates ■ Sample from Willow Creek within the Hatchery contained more than 500 individuals. ■ Sample from Shellabarger Creek (from an area east of SR -104 with little to no riparian vegetation) contained approximately 400 individuals. ■ Composition of the two samples was similar. ■ Summer 2018 fallout trap sample from the North Buffer Zone of Shellabarger Marsh was most diverse sample with the greatest number of specimens by far. Summary of buffer Width Recommendations from Literature — Reducing Disturbance o Buffers help reduce disturbance/impacts from surrounding human uses. o Buffers narrower than 50 ft have been found to be ineffective at protecting wetlands from disturbance, especially when adjacent land use intensity is high. o Buffer width recommendations for reducing disturbance generally ranged from 100 to 164 ft. o Greater widths (200 to 328 ft) were recommended to prevent flushing birds (great blue herons and waterfowl). What about in Edmonds Marsh? o Wildlife that uses the Marsh generally seems adapted to the surrounding human activities and noises (e.g., BNSF railroad tracks, ferry horn blasts, SR -104 traffic). o However, animals are distressed by people entering and traversing the Marsh. o Buffer vegetation enhancements should be done in such a way as to preserve wildlife viewing corridors to encourage people to stay on designated trails and lookout points. Ms. Love reviewed their Evaluation of the Edmonds Marsh Estuary Restoration Project (Task 4): ■ Photo of Willow Creek on west side of Unocal site Habitat Equivalency Analysis (HEA) Model o Used to estimate the difference between habitat functions currently being provided and those that would be expected post -restoration o Used to evaluate Alternative 6 in the Draft Willow Creek Daylight Project, Expanded Marsh Concept Design and Hydraulic Modeling Report (version dated March 11, 2019) Model inputs o Baseline conditions and acreages of existing habitat types o Estimated types and acreages of habitats that will be created/restored Edmonds City Council Approved Minutes October 1, 2019 Page 9 o Pre- and post -restoration habitat value for each habitat type o Start and completion dates of restoration activities o Anticipated time it will take for the new/restored habitats to mature and become fully functional o Anticipated lifespan of the restoration project o A real discount rate (from the science of economics) to translate future value into present-day value: typically 3% Habitat Type Change Estimates o The HEA model delineated 13 different habitat polygons and described anticipated changes. o Examples: • Freshwater, cattail -dominated portion of Marsh anticipated to change to salt marsh habitat post -restoration ■ Restored Willow Creek downstream from Marsh (3 polygons) • New tidal/stream channels to be excavated within freshwater portion of Marsh... • Representative Species for Habitat Value Development o For each habitat type change, used a unique assemblage of species based on those known to currently use the habitat type, or expected to use it post -restoration o Included fish (e.g., juvenile Chinook salmon, chum salmon, three- spined stickleback), birds (e.g., great blue heron, killdeer, marsh wren), and mammals (deer and coyote) o Examined general habitat requirements and diet/foraging information for each species to help develop existing and post- restoration habitat values • Temporal inputs o Used 2020 as the project start date o Used a lifespan of 80 years (hydraulic modeling using assumptions about sea level conditions in the year 2100 has been conducted and shows Marsh habitats remaining intact) o Maturation rates: used Lower Duwamish River and Commencement Bay HEA model maturation rates in many cases (e.g., 50% habitat function after 4 years for riparian vegetation, and 100% function after 8 years) • HEA Model Results o Estimate that the project has the potential to increase the level of habitat function provided by the Marsh and creeks by approximately 60% o Project will also protect the current level of habitat functions being provided by these habitats • Additional information in Task 4 Report o Recommendations for large woody debris installation in both the restored stream channel and Marsh interior o Recommendations for riparian and flood berm plantings o Recommendations for control of cattail and common reed o Recommendations for post- restoration monitoring Ms. Love summarized the Edmonds Marsh is a unique and special feature and is one of the only estuarian pocket marshes left on the Puget Sound shoreline between Seattle and Everett. It is a great asset that Edmonds citizens value and people from other areas come to observe. She hoped their work helped the Council better understand the Marsh and how to manage it. Councilmember Buckshnis asked if the questions asked last night will be included in the appendixes. She plans to recommend continuing the taskforce to review the documents and make a recommendation on moving forward. Ms. Love said Ms. Judge collected the comments at the open house. Councilmember Buckshnis explained photographs the public submitted can be viewed in Flickr under groups. She summarized Windward's report is fascinating to non-scientists and helpful to scientists. WRIA 8 will fund invasive plant removal and large woody debris. She acknowledged little can be done until the ownership status of the Unocal property is determined. Edmonds City Council Approved Minutes October 1, 2019 Page 10 Councilmember Teitzel thanked Windward for their excellent work, commenting it was a great report and a great baseline of data for future comparison. For the lay people in the audience, he asked whether in Windward's experience and observations, the current state of the Marsh was healthy or unhealthy. Ms. Love answered that was a complicated question. She was impressed with the Marsh in terms of its ability to provide wildlife habitat; the size, the fact that there are not heavily invasive species other than cattail, and a lots of birds and wildlife use it. What is happening with the expansion of cattail and buildup of sediment is transferring from the estuary pocket marsh with patches of salt tolerant vegetation to more of a freshwater marsh. Unfortunately the freshwater part is mostly cattail and has the potential to be improved. The Marsh is doing a good job with regard to wildlife habitat but can be better. Mr. Gouguet said they see succession going on which is a natural process. The sediment from the creek is building elevations in the upper parts into the Marsh. The Marsh varies from very healthy in some areas to not as healthy in others but the amount of equalization is remarkable. The Marsh is under stress but the restoration project will remove one of the major stressor and restore the saltwater tidal exchange. He summarized the patient is doing quite well but maybe not as healthy as it could be. Councilmember Teitzel recalled the presentation indicated bird observations were five minutes in duration and asked if that was an industry standard or should it have been longer. Ms. Love said that is one of the standard periods, an Audubon Society recommended method. The Pilchuck Audubon Society is also doing a bird survey of the Marsh using ten minute point count surveys. As long as the same amount of time is done at each station it provides comparative data. In place likes the hatchery, a longer period of time would have been better because the observer is relying on hearing birds due to the dense vegetation. Councilmember Nelson appreciated the answer about whether the Marsh is healthy or not, that it depends on the location. The healthiest part of the Marsh is where there is the most forested vegetation, the most mammals and the coldest temperatures which is in the southern portion next to Willow Creek and the Hatchery. He commented that was common sense, the further north one goes, there is less forested vegetation, less wildlife, etc. He observed a HEA was done for Willow Creek and asked if a HEA could be done to evaluate how large woody debris in buffers surrounding the Marsh would impact habitat. Mr. Gouguet the HEA includes a number of variables; they could modify the amount of woody debris in an area which would change score. Some of that would be literature based and some of it would be professional judgment based. He summarized the input condition could be modified and the HEA recalculated. Councilmember Nelson commented buffers and the size of buffers is an ongoing debate. If this model could predict what happened if Willow Creek were daylighted, thereby doubling the habitat, it would be helpful to know the increase, in habitat if additional large woody debris were provided. Councilmember Mesaros commented the report was good information that will stand the test of time. He looked forward to repeating the study in five years and the comparison and hopefully projects that will improve the health of the Marsh. If cattails begin to die off, he asked whether the debris became organic material or should it be removed. Ms. Love said it would depend on how much was removed, probably the rhizomes should be removed because they can regrow. If an above ground biomass is cut, they are put in a pile to compost and watched to ensure they do not spread. Councilmember Mesaros said his question was about natural removal; if the salinity is improved and cattails do not flourish, what would be done with the debris. Ms. Love said adult mature cattails can be somewhat salt -tolerant, up to about 10 parts per 1000. There have been discussions about in combination with the daylighting, getting saltwater up into the system naturally and also doing manual removal to give new salt - tolerant plants a place to colonize and to keep cattails at bay. Mr. Gouguet referred to the Shannon & Wilson report which includes digging channels and cutting out all the cattails rhizomes to allow saltwater into the interior. Edmonds City Council Approved Minutes October 1, 2019 Page 11 Councilmember Mesaros referred to the snags in the south end and woody debris, and asked those are caused by the natural lifespan of a tree. Ms. Love did not know for certain but said they believe the snags were primarily alders that reached the end of their lifespan, 40-60 years. The snags are not very large, but they often do not grow large in wetland conditions. Councilmember Mesaros inquired about the width of the pipes between the east and west of SR -104. Mr. Gouguet said 36 inches. Councilmember Mesaros asked if they were clear. Mr. Gouguet said they are clear above the waterline but they did not know what was below the waterline. Councilmember Mesaros inquired about rodents in the Marsh. Ms. Love said she has seen squirrels and rabbits but not rats, but they are also not in the Marsh at dawn or dusk. Mr. Gouguet said if the game cameras had been closer to the ground, they may have picked up shrews and mice; the game camera trigger is high enough that it does not capture those animals. Councilmember Mesaros observed the recommendations in Task 4 with regard to cattails was creating side channels. He asked about drainage when the daylighting of Willow Creek provided a clear channel. Ms. Love said one of goals of excavating those channels was when Willow Creek came through the hatchery it has a channel to reach the other side of the Marsh. Councilmember Mesaros asked if there would be more drainage. Ms. Love said currently the creek spreads out; she assumed much of that would migrate into the channel. Councilmember Mesaros asked the impact on drainage in the Marsh and whether the Marsh would become drier. Ms. Love answered there would be less standing water, but it would not drain the wetland. Council President Fraley-Monillas asked about a wildlife buffer versus a buffer. Mr. Gouguet answered the different is in function and intent. It is similar in that it is a non-developed zone around the perimeter. The difference is the function that is being buffered such as nutrient uptake or turbidity uptake versus wildlife which needs to be much wider so they do not notice. To make improvements, it may be helpful to plant it more heavily to hide human activity from wildlife. As noted, the animals are accustomed to the noise from the railroad. Council President Fraley-Monillas said she is trying to get the Shannon & Wilson report back to Council in the next couple weeks. She asked how the Council could remove the Shannon & Wilson report from the table. Mr. Mr. Taraday said it is up to the Council when to remove it from the table; a Councilmember makes a motion to remove it from the table and a simple majority vote is required. Council President Fraley-Monillas asked about next steps, noting the Shannon & Wilson report is an important piece. Mr. Gouguet said Shannon & Wilson's analysis was primarily a feasible study and alternatives. Shannon & Wilson focused on the hydrology changes to the system, saltwater in and out, tidal dimensions, control and how the biology reacts. Shannon & Wilson was predicting with a much more thorough modeling technique what the water dynamics will be. Windward picked one of the alternatives to analyze. The studies are complimentary; Windward's report includes more physical measurement and Shannon & Wilson's is more predictive. Councilmember Johnson said it has been a pleasure working with Ms. Love and Mr. Gouguet on the committee and she has learned a lot. One of Windward's constraints was they were not allowed on the Unocal or BNSF properties so they were not studied. However, it is self-evident that the southern area flourishes while the western area does not; there is nothing growing along the railroad. She recalled a comment that a buffer narrower than 50 feet was ineffective and asked whether a buffer to BNSF property of less than 50 feet was ineffective regardless of the SMP buffer. Ms. Love answered it depends on the intended function of the buffer. Councilmember Johnson answered for fish in the creek, noting encouraging Chinook salmon to return to the Marsh is the main reason for daylighting Willow Creek. Edmonds City Council Approved Minutes October 1, 2019 Page 12 Ms. Love answered there are some fish in Willow Creek currently and she understood salmon would come into the channel before the outfall was extended and submerged. A 50 foot buffer was not totally unusable for fish. Councilmember Johnson summarized it would not be ideal and there would need to be large woody debris to cool the channel. Ms. Love said when the project is built, it can include large woody debris in the channel so for that period of time the buffers would not need to provide the large woody debris. The goal would be to provide, at last on the east side where the buffers are wider, trees that would eventually provide large woody debris. If the side closest to BNSF has a minimal buffer, there could still be some planting such as a dense thicket -forming native shrub buffer that would provide overhanging vegetation, some shade and invertebrate fallout. Mr. Gouguet agreed intensifying the density particularly since the most heat in the afternoon will come from the west. At least some vertical vegetation, not necessarily overhanging, will provide shade in the late evening. They learned with their CTVs that there is a lot of slack period in the tide; when the channel is opened, there will be a better exchange and a lot of cool water from Puget Sound moving up and down the channel which will alleviate the current stagnant periods where heat builds up which is seen in the Station 6 basin sample. Councilmember Johnson observed there is higher dissolved oxygen at Stations 6 and 5 and lower pH at Station 4 along the Willow Creek channel. Mr. Gouguet said there will be increases in dissolved oxygen due to phytoplankton in the water. When the light is strongly impinging on the water, it is actually producing oxygen which is consistent with warmer temperatures which are competing processes. The water will hold less oxygen but more oxygen is produced due to plankton and algae in the water. Councilmember Johnson said the Council approved the Dayton Street pump station which will help get rid of some of the water from Shellabarger Creek. She suggested removing invasive species and replanting could be a next steps and asked about other steps the City could consider. Ms. Love said there are invasive species and on the west side, they are not very large and are easy to access. On the east side, the main thing will be to protect the South Buffer Zone along the Hatchery from reed canarygrass and bittersweet nightshade to ensure it does not encroach into the buffers. The Hatchery has been working on controlling invasive plants. Cattails will be difficult to deal with manually. Mr. Gouguet described small dredges that are used to remove cattail. There is also a cookie cutter dredge that chews up the cattail rhizome; cutting off the top will only knock it back for a season. Cutting channels would be an interim measure to get the saltwater up into the Marsh as well as divert the creek so it does not flow into the reed canarygrass morass and into the center and the channels. That would be a fairly low cost option because it would not require a lot of earth moving, only removing the dam formed by the plants. Installing large woody debris around the perimeter could be done fairly inexpensively, the cost of the wood and the placement is not huge. Another step would be invasive removal by volunteers. Ms. Love said large woody debris in the Marsh can allow for shrub colonization within the wetland where they normally would not grow in a salty wetland soil. Mr. Gouguet agreed small mounds can create less saline conditions, small trees and bushes could create a more natural setting and fresher soil to support small level shading. He summarized there were a lot of things that could be done to cost effectively improve conditions in the interim. Councilmember Tibbott asked if there were any academic journals interested in this report, to provide insight into the Marsh as well as get feedback. He noted Windward's study is a rare academic look at the Edmonds Marsh. Ms. Love recalled discussion with the taskforce that not a lot of jurisdictions have such a thorough baseline study. After the restoration project is completed and data collected again, a journal like Ecological Restoration may be interested. Mr. Gouguet said one of the options at this stage would be to have someone write a paper that hits the highlights, there might be a Washington State natural history Edmonds City Council Approved Minutes October 1, 2019 Page 13 journal that is more locally oriented. In their experience, this is unique a resource and knowing about it, others could use the information in other pocket estuaries. Councilmember Tibbott agreed it was a remarkable study. He referred to sediment between the east and west sides of SRI 04 where the flow is not great and there is some debris in the culvert. He asked to what extent that could be removed. Mr. Gouguet said they could only see what was above the water; there could be a buildup although they heard that it had been cleaned recently. Councilmember Tibbott asked if Windward did any HEA modeling of a freer flow of water east to west and the effect that would have on the health of the Marsh. Mr. Gouguet said they have an academic knowledge, comparison of water levels on either side and salinity records, but a more interpretive approach is needed to consider the variables and their effects. As he told Councilmember Nelson, they could change the amount of large woody debris and rerun the HEA or do submodel to get a relative value of the change. They also use that technique to compare value per dollar spent in actual restoration projects. It depends on input values. Councilmember Tibbott looked forward to modeling regarding what could be anticipated in 20-60 years. Councilmember Buckshnis requested the PowerPoint be sent to the Council. She volunteered to head up a taskforce along with a couple Councilmembers, Mr. Lein and Zach and a couple citizens to consider the data and develop some ideas. She reiterated WRIA 8 will fund large woody debris and there are groups who will do invasive removal. Councilmember Mesaros suggested forming a smaller group to do an analysis and make recommendations to the City Council regarding incremental steps that could be taken even before Willow Creek is daylighted. Mayor Earling declared a brief recess. 9. STUDY ITEMS INTRODUCTION TO STREET VACATION CODE UPDATE Engineering Program Manager Jeanne McConnell reviewed ECDC 20.70 - Street Vacations • Code Update Goals o Move to Title 18 — Public Works o Clarify, reorganize, add definitions section o Revise appraisal process and timing o Revise applicability of monetary compensation o Revise timeframe to satisfy conditions • Substantive code changes o Move from Title 20 to Title 18 o Change in review lead from planning division to public works division 0 18.5 5.005 Definitions — new section 0 18.55.015.1) Application — revised to reflect what's actually needed 0 18.55.030 — Added right to reserve easements for pedestrian walkways or trails 0 18.55.XXX — Added appraisal section to address timing of appraisal and collection of fees for 3rd party appraisal 0 18.55.140 — Section added to clarify processing of street vacations, allowing ordinance to address timing of compliance with conditions, establishing compensation of area to be vacated based on appraisal, and giving Council the ability to not adopt a vacation ordinance based on review of the appraisal. • What is a street dedication? Edmonds City Council Approved Minutes October 1, 2019 Page 14 o A dedication is a transfer of most of the rights in a privately owned property to the public for some public use, such as for streets. o A street dedication (or dedication of right-of-way) occurs commonly as a condition of subdivision approval. o Definition of dedication: "The donation of land or creation of an easement for public use." DEDICATION, Black's Law Dictionary (11th ed. 2019) o A street "vacation" means that the public is letting go of, or "vacating", the public interest in a property. o After a street, alley or easement (pedestrian and/or vehicular) is vacated, the public no longer has a right to use the property for access. o Initiated by petition of property owners or City Council o RCW 35.79.040 — Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each. ► Appraisal RCW 35.79.030: o States the ordinance may provide that the vacation shall not become effective until the owners of property abutting upon the street or alley compensate the city or town an amount equal to one-half or the full amount of the appraised value of the area vacated. Existing code: o Appraisal is a minimum application requirement o Appraiser selected by applicant Proposed code: o Appraisal required after staff review and Council approval of resolution of intent to vacate 0 3rd party appraiser selected by City o Waiver if Council initiated vacation includes a finding that public benefit accruing from the vacation alone is sufficient to justify vacation without monetary compensation. Planning Board Recommendation: 0 3rd party appraiser selected by the applicant from a City approved list... o Planning Board Recommendation o Agreed with staff recommendation except for 3`d party appraiser selected by the applicant from a City approved list • Monetary Compensation RCW 35.79.030: o Provides two options by which owners of property abutting the area to be vacated shall compensate the city of town: • An amount equal to one-half the appraised value of the area so vacated; or • An amount not to exceed the full appraised value. (This applies if the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense) Existing code: o Monetary compensation OR reservation of easement to the City Proposed code: o Monetary compensation and allowance for reservation of easements o The amount of compensation to match the language in the RCW Planning Board recommendation o Keep with existing code — monetary compensation OR reservation of easement to the City o The amount of compensation to match RCW except for the that portion related to a ROW dedicated for twenty five years or more. • Compliance with Conditions and Challenging a Condition Existing code: Edmonds City Council Approved Minutes October 1, 2019 Page 15 o Conditions must be met within 90 -days of approval of resolution of intent to vacate Proposed code; o Compliance within 90 -days unless otherwise stated in the resolution o Language clarifying the appeal process. o 30 day appeal period following the adoption of the resolution of intent (longer than the appeal period for land use decisions is 21 -days (RCW 36.70C.040) Planning Board recommendation o 60 day appeal period o Includes clarifying language as to what happens if the appeal comes before or after a Council decision on the street vacation Code Update Schedule o July 9, 2019 — Introduction at City Council Planning, Public Safety and Personnel Committee o July 10, 2019 — Introduction to Planning Board o August 14, 2019 — Public Hearing at Planning Board o September 25, 2019 — Planning Board (Review Options) o October 1 st — Introduction at City Council o October 15th — Public Hearing at City Council Councilmember Buckshnis commented there are lot of code updates to do. She observed there had only been one street vacations per year in 2016, 2017, 2018 and 2019 and asked why it was decided to rewrite this part of the code now. Ms. McConnell answered in processing street vacations, staff found opportunities such as moving the appraisal requirement later in process, and other things that can benefit the applicant in the process and potentially save them money. The code also included language requiring copies of certain documents or transparencies that no longer make sense. In addition, this section was inconsistent with State law in some areas, which could open the opportunity for reservation of easement as well as monetary compensation and leave determining the value to the appraisal process. Councilmember Buckshnis commented the proposal was to remove it from Chapter 20 and put it into 18. If there has only been one per year for the past four years, she questioned rewriting the entire code. She observed the Planning Board did have an issue with the timing of the appraisal in process. Ms. McConnell said the items highlighted in the presentation were items discussed in more detail at the Planning Board. Each slide states includes the proposed code and the Planning Board's recommendation. The Council packet includes a clean version of the code, color -coded to identify staff and Planning Board recommendations. Councilmember Buckshnis commented there is so much code to rewrite, why was this being done now. City Attorney Jeff Taraday said this chapter was more isolated from the rest of the code compared to the land use code which is very intertwined. It was easier to draft revisions and move it through the process because it is a standalone chapter. That may be one of the reasons it is happening on a different track. Councilmember Tibbott commented it is a very detailed packet with a lot to read. He agreed with some of the Planning Board's recommendations but not all, one of which was the either/or argument (monetary compensation or reservation of easement to the City). He could see the City resolving to. vacate a piece of land that has an easement and because it has an easement, the appraisal will reflect a lower price. In his view it was not either/or, but what the market will bear for a piece of property that has an easement so he agreed with staff's recommendation. Ms. McConnell said State law does not require either/or, it is open to both monetary compensation and acceptance of an easement. Councilmember Tibbott agreed with the Planning Board with regard to appraisers, finding it appropriate for the purchaser to choose an appraiser and to have a list of six appraisers assuming that number of qualified appraisers existed in the area. He was concerned about the length of the review process, beyond 30 days becomes unwieldy. It appeared the resolution could stipulate 40 days instead of 30 days. Ms. Edmonds City Council Approved Minutes October 1, 2019 Page 16 McConnell said there is a timeline of 90 days unless otherwise stated in the resolution of intent to satisfy the conditions. The 30 days is the appeal period. Staff's recommendation is a 30 day appeal period; the Planning Board's recommendation is 60 days. Councilmember Tibbott was concerned with delays. Councilmember Tibbott relayed his understanding there were times when it was financially beneficial to the City to vacate a parcel and in those cases the City would not require compensation. He asked how often that happened and under what circumstances. Environmental Program Manager Kernen Lien answered the packet includes a review of vacations back to 1998 which includes several instances where the City initiated the vacation and did not require compensation. For example, there were a large number of vacations initiated in 1998 in the North Meadowdale Landslide Area, very steep slopes that would never be developed with a road. The City initiated the vacations and determined it was beneficial to turn the property back to the adjacent property owners. There were other instances where the City initiated vacations that were beneficial to the City. Councilmember Johnson asked staff to include the PowerPoint in the October 15 packet. Councilmember Teitzel referred to the proposal regarding monetary compensation which means the City would retain the easement as well as require compensation from the applicant, observing under the current code, if the City retains an easement, compensation is not required. There is a public benefit to taxpayers from this amendment because today the City cannot collect compensation. Ms. McConnel agreed. Councilmember Teitzel said one of the reasons for making this change is the City is foregoing potential income that could be used for other purposes. Council President Fraley-Monillas observed vacations had only occurred four times in last four years. She asked about difficulties when citizens inquired about vacations. Ms. McConnell said the current code is cumbersome and requires materials that staff does not need to process the application, requires an appraisal upfront in the process when there may be a reduction in the value based on an easement being retained and it is too early in the process for an appraisal. When discussing a street vacation with applicants using the code as a resource, staff has identified ways to improve it. Council President Fraley-Monillas asked if citizens have ever walked away after inquiring about a street vacation. Ms. McConnell answered yes, sometimes it is understanding what is required in street vacation, sometimes it is a more cumbersome process than the citizen thought as well as the current process with the appraisal upfront that does not give consideration to the possible reduction in value due to an easement. Council President Fraley-Monillas asked how moving from Chapter 20 to 18 would affect reporting, who will manage street vacations. Ms. McConnell answered Engineering is in Public Works; the bulk of the review for street vacations is done by Public Works and Engineering. Planners are an integral part as they are much more familiar with public notification process and bringing items to boards and Council. Council President Fraley-Monillas relayed her understanding the Planning Department would still have input. Ms. McConnell answered yes, that is how street vacations are currently handled although that is not how it is described in the code. Councilmember Buckshnis observed Chapter 20 is review criteria and procedures and Chapter 18 is Public Works. She questioned why the regulations were not being left in Chapter 20. Mr. Taraday answered it is not a land use decision; it is a substantively different type decision than most other things in Title 20. In his opinion it did not legally belong in Title 20. For example, if one were to appeal something in Title 20, it is appealable under the Land Use Petition Act (LUPA); this would not be appealed under LUPA because it is not a land use decision. 2. SECURITIZATION REQUIREMENT FOR EDMONDS SENIOR CENTER GRANTS FROM THE STATE OF WASHINGTON Edmonds City Council Approved Minutes October 1, 2019 Page 17 Ferrell Fleming, Executive Director, Senior Center, thanked the Council collectively and individually for sticking with this process for a very long time. The process formally began on March 11, 2014 when the Council approved a resolution enabling the Senior Center to undertake the project as mandated in the Strategic Action Plan. He provided a progress report, all 1 10 piles have been set. Usually any significant problems with a construction project arise when the piles are set. One small fuel tank from one of the mills that was decommissioned over 50 years ago was discovered. They are preparing to do grading and structural slabs and then the building will be erected. Mr. Fleming reported the capital campaign received a $500,000 pledge yesterday which will soon be announced in more formal way. That pledge puts fundraising at 85% of money raised. It is their intent and strong belief that all the funds will have been raised when the doors open in August 2020 and there will no or very little debt. The $4M from the State is crucial for construction cashflow and the State requires the securitization document, a deed of trust and promissory note. The deed of trust is between the Senior Center and the State, not the City. The Senior Center is leasing the ground under the building plus the land from the south wall of the new building to the property line at the Ebbtide which will be a utility corridor for heat pumps and the deed of trust encumbers that land. Once all the documentation is submitted to the State, it will take several weeks to execute the contract. The Senior Center needs the State funds in January; all Rick Steves' contributions have been submitted. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Fleming requested the Council grant approval for the securitization document and to draw down the $4M in State funds. City Attorney Jeff Taraday referred to questions in the agenda memo that he anticipated the Council might ask that address worst case scenario. He acknowledged putting a $4M deed of trust on property sounds scary; he emphasized this was a leasehold deed of trust and there is a significant difference between a leasehold deed of trust and a regular deed of trust. With a leaseholder deed of trust, even if all the worst case scenarios are assumed and those scenarios result in foreclosure on the leasehold deed of trust, the City would not lose its property. What would happen is the Senior Center might lose its leasehold interest in the property, lose their lease to the Department of Commerce, but that is the worst case scenario. He assured the risk to the City is extremely low. Daniel Johnson, Senior Center consultant, said the leasehold deed of trust is for a 10 year period, at the end of the 10 years, the lien is lifted. Mr. Fleming clarified the State is not demanding that the Senior Center pay back the money but that the funds be used for the purpose stated. It is similar to the contract the City signed with the federal government in 1973 to enable the City to purchase the land and use a $300,000 HUD grant for that purpose. Council President Fraley-Monillas said she met with Mr. Taraday and he answered a number of her questions regarding the City's liability and ensuring the City would be protected in this process. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, FOR APPROVAL. Councilmember Johnson raised a point of order that this was a study item. Mr. Taraday said there are two documents that require approval, a leasehold deed of trust and the leasehold promissory note. The City is not a party to either but needs to provide written consent to the Senior Center to be able to enter into those documents. He has not received approval from the State on the documents in Edmonds City Council Approved Minutes October 1, 2019 Page 18 the packet. He proposed returning to Council on October 15 with an indication from the State that there would not be any further revisions to the documents. At that time, the Council could vote. Tonight was only intended to be a study item. 3. CITY ATTORNEY EVALUATION SUMMARY REVIEW Councilmember Mesaros provided an update on the requests made last week. He was able to contact Ms. Hite and Ms. Hardie who both agreed to provide an evaluation of City Attorney services and both returned their evaluations today. He was also able to contact two of the three individuals who completed the evaluation incorrectly and both have completed the evaluation. He will begin tallying that information. Councilmember Mesaros relayed Ms. Hardie asked him to share the following: she had heard a rumor that her departure from the City was solely due to an offer from the City of Lacey. She made a point that the opportunity in Lacey arose only after she resigned from the City of Edmonds; she was not looking for other opportunities. She wanted to make it very clear that her departure was based primarily on the disagreements she had with the Council over the salary study she performed within the policies established by the Council. Councilmember Teitzel referred to the comparator list of cities. The initial list of cities presented to Council included WCIA Group 4 cities which included cities in eastern Washington. Councilmember Mesaros, Mr. Taraday, Mr. James and he have refined their thinking and plan to include only cities in Snohomish and King Counties, cities that are subjected to the same economic forces. They also plan to refine the list of questions to include questions asked as public records requests versus interview questions in order to obtain better data. The final list of questions will be presented at the next meeting for Council approval. Councilmember Johnson said she has been thinking about the evaluations since the last presentation. There are three measures of central tendency, mode, median and mean; the analysis used the mean which includes all the high and low values. She suggested looking at a median value which would measure a central tendency where most people are in agreement and provide more valuable information to the City Attorney and the City Council as any super high or low ratings would be removed. 10. MAYOR'S COMMENTS Mayor Earling reported he had the honor yesterday of presenting a plaque to a home across the street, built in 1911, and becoming the 19t' property on the Edmonds Historic Register. The presentation was a good photo opportunity for the property owner and she was excited to receive the plaque. Mayor Earling reported on the grand opening of People's Bank last week. A number people have asked why Edmonds needs another bank. The City currently has 12 banks and another on the way. The reason there are so many banks is the number of deposits in the local branches. 11. COUNCIL COMMENTS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO EXTEND THE MEETING FOR FIVE MINUTES. MOTION CARRIED UNANIMOUSLY. Councilmember Teitzel reported Councilmember Tibbott and he attended the first Housing Commission meeting last week. There was a lot of excitement and energy in the room and he was pleased with the selection of commissioners, a great diversity in age, race, profession, renters versus owners, etc. Commissioners expressed interest in a variety of topics which are contained on the commission's website. Future meetings will be held on the second Thursday of the month, beginning at 6:30 p.m. in either the Brackett Room at City Hall or Council Chambers based on availability. He anticipated good things from that commission. Edmonds City Council Approved Minutes October 1, 2019 Page 19 Councilmember Buckshnis reported the 2018 Citizen Report has been published and is available at City Hall. The report is fabulous; the Finance Department does a great job. She reminded of Halloween Howl on Saturday from 11 a.m. to 2 p.m. with costume judging at 1 p.m. Council President Fraley-Monillas reported she has banked at People's Bank for a number of years; it is not anew bank, just a new location. She relayed Councilmembers Buckshnis and Mesaros have volunteered to be the Council representatives to the Housing Commission in October. Councilmembers Nelson and Johnson volunteered to attend in November. She will email Councilmembers about the formation of a workgroup related to Windward's report. Councilmember Mesaros relayed the Council is invited to a reception at the Edmonds Center for the Arts (ECA) on October 12 at 6 p.m. prior to a performance by violinist Kelly Hall Tompkins. He encouraged Councilmembers to attend the ECA's annual auction on October 25. Councilmember Johnson said she intends to take from the table the Shannon and Wilson Report which will require a 4-3 vote of the Council and Council President Fraley-Monillas will schedule it at a future meeting. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO TAKE THE SHANNON & WILSON REPORT FROM THE TABLE. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS JOHNSON, NELSON, TEITZEL, AND MESAROS VOTING YES; AND COUNCILMEMBERS BUCKSHNIS AND TIBBOTT VOTING NO. Council President Fraley-Monillas relayed the report will not cost the City any more money. She anticipated it would be scheduled on the agenda in the next two weeks. Councilmember Tibbott concurred with Councilmember Teitzel's comments regarding the Housing Commission, noting the commission's work schedule will be very full to complete in a 14 month period and will require a lot of diligence. It is obvious from the group that there is a lot of enthusiasm and he looked forward to the results. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.1 10(1)(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 10:15 p:m. r (a,: -f 0 e--" ❑ VID O. FABLING, MAYOR SC,9f F PSS EY, CAaE R K Edmonds City Council Approved Minutes October 1, 2019 Page 20