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Cm130521EDMONDS CITY COUNCIL APPROVED MINUTES May 21, 2013 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Walker Kasinadhuni, Student Representative 1. ROLL CALL STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Ronald Cone, Interim Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Jerry Shuster, Stormwater Eng. Program Mgr. Frances Chapin, Cultural Services Manager Rob English, City Engineer Renee McRae, Recreation Manager Jeanie McConnell, Engineering Program Mgr. I Kernen Lien, Senior Planner Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Sandy Chase called the roll. All elected officials were present. 2. CONVENE IN EXECUTIVE SESSION REGARDING PENDING AND POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 6:01 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending and potential litigation per RCW 42.30.110(l)(i). He stated that the executive session was scheduled to last approximately 60 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 Yamamoto, Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Public Works Director Phil Williams, City Engineer Rob English, Reporting Human Resources Director Carrie Hite and City Clerk Sandy Chase. The executive session concluded at 7:02 p.m. Mayor Earling reconvened the regular City Council meeting at 7:03 p.m. 3. APPROVAL OF AGENDA Council President Petso relayed the following changes to the agenda: • Move Agenda Item 15, Park Levy Exploration Committee Recommendation, to 9b • Reschedule Agenda Item 10, Alternative Chart Format for Monthly Report, on a future agenda Edmonds City Council Approved Minutes May 21, 2013 Page 1 • Reschedule Agenda Item 12, Direction to Planning Board and Economic Development Commission Regarding Council Priorities on Westgate and Five Corners, on a future agenda COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Bloom requested Item N be removed from the Consent Agenda. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 7, 2013. B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 14, 2013. C. APPROVAL OF CORRECTION TO THE APRIL 16, 2013 CITY COUNCIL MEETING MINUTES. D. APPROVAL OF CLAIM CHECKS #201948 THROUGH #202075 DATED MAY 9, 2013 FOR $164,517.44 AND CLAIM CHECKS #202076 THROUGH #202228 DATED MAY 16, 2013 FOR $530,404.60 (REISSUED CHECKS #202127 $215.00 AND #202128 $70.39). APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #60190 THROUGH #60205 FOR $438,176.54, BENEFIT CHECKS #60206 THROUGH #60213 AND WIRE PAYMENTS OF $188,318.09 FOR THE PERIOD MAY 1, 2013 THROUGH MAY 15, 2013. E. ACKNOWLEDGE RECEIPT OF TWO CLAIMS FOR DAMAGES, ONE FROM BILL STAPLETON ($290.73) AND THE OTHER FROM ALLSTATE INSURANCE COMPANY FOR $15,438.00. F. APPROVAL OF LIST OF EDMONDS' BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSE WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD, MAY 2013. G. MARCH 2O13 QUARTERLY FINANCIAL REPORT. H. AUTHORIZE MAYOR TO SIGN CONTRACT WITH MIG FOR DEVELOPMENT OF THE PROS PLAN. I. AUTHORIZE MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT FOR A/E SERVICES FOR CITY PARK. J. AUTHORIZATION TO AWARD CONSTRUCTION SERVICES FOR THE 224TH STREET SW SEWER UPGRADE PROJECT TO LASER UNDERGROUND AND EARTHWORKS. K. AUTHORIZATION TO APPROVE A STORM UTILITY EASEMENT FOR INSTALLATION OF INFILTRATION AND STORM PIPE THAT WILL BE PART OF IMPROVEMENTS TO BE DONE AS PART OF THE 238TH STORM DRAIN PROJECT. L. FINAL CONTRACT ACCEPTANCE, WWTP A -BASIN UPGRADE PROJECT. M. FINAL CONTRACT ACCEPTANCE, WWTP BUILDING ROOF REPLACEMENT. Edmonds City Council Approved Minutes May 21, 2013 Page 2 ITEM N: ORDINANCE AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING THE TIME LIMIT FOR PRELIMINARY SUBDIVISION APPROVAL. Councilmember Bloom requested this be rescheduled for discussion on a future agenda. She questioned the Council's action, to send this back to staff to return with a draft ordinance, noting that was not the original motion but rather the second motion. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO RESCHEDULE THIS ITEM FOR DISCUSSION ON A FUTURE AGENDA. Council President Petso offered to schedule this item on the June 4 agenda. Councilmember Peterson asked what additional information Councilmember Bloom was seeking. Councilmember Bloom responded several questions raised by citizens warrant further discussion. The Council meeting when this was discussed was not on camera and although citizens may have been able to listen to the recording, they were unable to watch the discussion as usual. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS, BLOOM AND JOHNSON VOTING YES; AND COUNCILMEMBERS PETERSON AND YAMAMOTO VOTING NO. 5. COMMUNITY SERVICE ANNOUNCEMENT: MEMORIAL DAY CEREMONY Dale Hoggins, Cemetery Board Member, explained Chair Fred Apgar, Commander of Edmonds VFW Post 8870, is a key member of the Planning Committee for the Memorial Day Program. On behalf of the Cemetery Board and Chair Lisa Palmatier, he invited the public to the 315t annual Memorial Day Ceremony on Monday, May 27, 2013 at 11:00 a.m. at the Edmonds Memorial Cemetery and Columbarium. The program remembers and honors the memory of those who died while serving our country and says thank you to all veterans, current, active and reserve personnel, many who have had numerous deployments. The event will also honor those who have been awarded the Purple Heart or MIA. Army Private First Class Bowe Bergdahl from Idaho has been a POW of the Taliban since 2009. July 7, 2013 will mark the 60th anniversary of the signing of the Korean Peace Accord, ending three years of war. The Cemetery Board joins the VFW in its efforts to remember and honor Korean War Veterans and extend a special invitation to all Korean War Veterans and their families to join them on Memorial Day. The War Memorial located in front of the Edmonds Memorial Museum lists eight Snohomish County men who died or are MIAs in Korea. Two are buried in the Edmonds Cemetery and one is MIA and presumed dead. He invited anyone interested in loaning their Korean War Veteran burial flag for the ceremony to call him at 425-776-1543. Mr. Hoggins assured the ceremony is different than most; it does not have a political agenda and the emphasis is on remembering and features youth. The special guest this year is Tom Hallums, a south Snohomish County resident, who was stationed in Japan on June 25, 1950, a member of the first US Troops deployed to Korea. Mayor Earling will share his visit to the Korean War Memorial located in Washington DC and the impression the memorial made on him. 6. PROCLAMATION IN HONOR OF EDMONDS PUBLIC WORKS WEEK MAY 19, 2013 THROUGH MAY 25, 2013. Mayor Earling read a proclamation declaring the week of May 19, 2013 through May 25, 2013 as Edmonds Public Works Week. He presented the proclamation to Public Works and Utilities Director Phil Williams. Mr. Williams thanked the Council for the proclamation on behalf of all the employees in the Edmonds City Council Approved Minutes May 21, 2013 Page 3 department, noting the proclamation lists an impressive number of duties the department is proud to perform for the citizens. He invited the Council to a Public Works Employee Appreciation luncheon at 11:30 on Thursday, presented by the Public Works Department management team. 7. AUDIENCE COMMENTS Denise Bossieux, Edmonds, President, Edmonds Arts Festival (EAF) Association, commented the EAF is an example of community pride and civic participation as it is one of the only festivals in the Northwest not sponsored by the city for which it is named. All proceeds from the Arts Festival go to the Edmonds Festival Foundation, the non-profit half of the organization, for disbursement to Edmonds School District and the City in the form of scholarships, grants and community art. Over 5,000 people attend the festival, many also visiting shops, galleries and restaurants which generate revenue for the City. She referred to the rewrite of the Edmonds City Code 4.12, specifically permitting and licensing of street vendors, motorized and non -motorized mobile vending units. The EAF has juried and contracted with 28 vendors for the Father's Day Arts Festival weekend, a process that was completed by April 5, 2013, prior to the completed rewrite of ECC 4.12. Only 3 of the vendors have home bases in Edmonds, many drive 3-4 hours and several are from different states. At least 17 of the vendors will not participate in the Festival if they are forced to pay the $235 fee. She requested the Council reconsider enforcement of the April rewrite of ECC 4.12; the consequences could be catastrophic to the Festival and ultimately the art students and programs of the Edmonds School District and to the community. Mayor Earling advised a Councilmember planned to bring this issue up during Council comments (Agenda Item 19). Don Hall, Edmonds, recalled a few years ago the City became a leader in the endeavor to clean up streams, lakes, Puget Sound and the ocean by passing a ban on plastic bags. More cities have also done so, including Shoreline. There was discussion in the past about banning Styrofoam containers; Shoreline indicated they plan to consider banning Styrofoam containers because it is an even bigger environmental issue. He urged Council to consider banning Styrofoam containers, noting Portland banned Styrofoam containers and over 40 cities in California, mainly coastal cities, have banned Styrofoam containers. He thanked the businesses and restaurants in Edmonds that have already switched to environmental friendly products. He noted Seattle has banned Styrofoam containers and most major corporations with cafeterias such as Boeing and Microsoft have banned Styrofoam containers. Edmonds could join the cities who have banned Styrofoam containers and return as a leader in environmental issues. Finis Tupper, Edmonds, commented he is awaiting a response from Mayor Earling to his question and planned to attend Council meetings until he heard an answer. His question was whether state law allowed city planning staff approval of a variance to the lot requirements as specified in ECDC 16, sub districts, without public notice and without a hearing. He indicated he had been contacted by Code Enforcement Officer Mike Thies. He expressed concern that the City seemed to be using a different dictionary than the rest of the world; the dictionary definition of motel says a hotel that caters mostly to a drive -up business. Roger Hertrich, Edmonds, commented he had not had a response to his challenge a couple meetings ago to the legality of the hearing on step -backs in the BC/BD zone. Four Councilmembers voted to raise building heights, yet the public hearing notice did not mention building heights. The result will now be 30-foot box buildings with flat roofs with no requirement for an architectural feature. Next, he referred to the park levy, noting the exploratory committee had narrowed the levy to parks, but a close reading indicates there are funds for roads and funds are shuffled into the General Fund. Mr. Hertrich referred to the 2013 March Financial Report and REET projections, relaying the Finance Director's indication that those were five year projections. He relayed the Park & Recreation Director's indication that there was unlikely to be $1.3 million in REET in 2013 and reality was closer to $800,000. Edmonds City Council Approved Minutes May 21, 2013 Page 4 8. EDMONDS ARTS COMMISSION 2012 ANNUAL REPORT AND 2013 SCHOLARSHIP AWARDS Lois Rathvon, Chair, Edmonds Arts Commission, explained the Edmonds Arts Commission (EAC) is a group of seven members who work with the Cultural Services Division on various projects. The commission has existed since 1975 with the ongoing mission to promote the arts as a part of the central identity of Edmonds and as an integral part of the quality of life and economy of the city. The EAC contributes to cultural tourism in a number of ways. For the past 27 years the EAC has presented the Write on the Sound Writers Conference. The 21/2 day event in October brings in local residents as well as attendees from all over the country. In 2012 the event sold out with 275 participants, which generated 74 hotel night stays. The City received a grant from the new Snohomish County Tourism Promotion Area which helped fund development of a new website for the conference. The EAC facilitates Tourism Promotion awards. In 2012, $9,500 from the lodging tax fund was awarded to Olympic Ballet Theatre, Cascade Symphony, Driftwood Players, Edmonds Arts Festival/ Studio Tour, Friends of Frank DeMeiro Jazz Fest, and Sno-King Community Chorale. Visual, performing and literary arts enhance the community's quality of life. An average of 400 people per week enjoy the free summer Concerts in the Park, drawing out-of-towners as well as local residents. The EAC handles rotating exhibits of Visual Arts in the Edmonds library and the Frances Anderson Center. The EAC was involved in implementing the Public Art elements at the Hazel Miller Plaza. Work continued on the SR99 enhancements with the new artist made lanterns installed at the end of the year, this project will be completed next month. As mandated by Council, the EAC oversees acquisition and upkeep of publically owned artwork. The City's art collection includes over 150 original pieces with 30 permanently sited —including the terrazzo floor in the lobby of the Public Safety Complex and sculptures outside. More art enhanced flower basket poles were added in 2012 and 8 more were added recently. The assistance of the Parks Maintenance and Public Works Crew to this project is invaluable. The flower basket poles are partially funded by donations and intended as an opportunity for commemoration. Of the 22 poles, 7 have been commemorated to date. In arts education, last year the EAC co -sponsored five literary workshop sessions at College Place Middle School. The EAC hosted a Best -Book Poster Contest for third grade students. The EAC supports arts education through scholarships to local students. The EAC works with a limited budget; however the community offers strong support for the arts through volunteers, grants, and community partnerships. Looking forward, the EAC is excited to present an Edmonds Arts Summit on June 29th at the Edmonds Center for the Arts. This gathering of the arts and culture community, initiated by the Mayor, is supported by a broad array of sponsors. She encouraged everyone to register and attend this free event; further information is available on the Edmonds Arts Commission website. Ms. Rathvon thanked the City Council and the Edmonds community for their continued support for arts and culture as an important component in the economic vitality and identity of Edmonds. Cultural Services Manager Frances Chapin explained the scholarship program was established by the Arts Commission in 1986 with the goal of encouraging students who have a serious commitment to a career in the performing or literary arts. The program has been supported for many years by proceeds from the Write on the Sound Writers' Conference presented annually by the Arts Commission and by donations. In the 2013 budget, the General Fund allocation to the EAC for programs was suspended and the proceeds for the conference will now be used to support EAC programs such as the summer concerts, the Best Book Poster Contest for Third graders, and other free events. This is the last year that the literary and Edmonds City Council Approved Minutes May 21, 2013 Page 5 performing arts scholarships will be awarded by the Arts Commission. Tonight is a celebration of the three final recipients of Arts Commission scholarships as well as the total of 60 students who have been awarded scholarships over the past 28 years. Many of the recipients have gone on to successful careers in the arts as performers, writers and music teachers. This year the Arts Commission is awarding scholarships to three talented students who aspire to a career in the arts. Each of these three students exhibit excellence in their art forms, but in addition, it is clear from the reference letters and their own statements that each has exceptional qualities of leadership, strong personal ethics, kindness, and a commitment to helping others. She introduced the three student scholarship recipients and described their background and educational goals: • Sydney Bennett — is graduating from Edmonds Woodway High School and plans to attend the University of Washington. She has always had an interest in the arts, from dancing to cheerleading, and more recently in writing. Sydney is awarded a literary arts scholarship to pursue her goal of a career as a political columnist • Marco Voli — is graduating from Edmonds Woodway High School and will be attending Cornish College of the Arts in Seattle. He has been involved in the jazz band and has been an active part of the play production program for three years, both acting and playwriting. Marco is awarded a performing arts scholarship to pursue his goal of a career in theater. • Taylor Zickefoose - is graduating from Meadowdale High School and plans to attend Central Washington University. Studying music from an early age, Taylor is already an accomplished jazz vocalist and has received numerous honors and awards, including recognition as an outstanding high school performance as a vocal jazz soloist in Downbeat Magazine. Taylor is awarded a performing arts scholarship to pursue her goal of a career in music. 9. CONTINUED DISCUSSION ON INCORPORATING THE HARBOR SQUARE MASTER PLAN INTO THE CITY'S COMPREHENSIVE PLAN. Council President Petso suggested the Council finally end this Comprehensive Plan amendment process, get to work over the next couple weeks to see if a new Comprehensive Plan amendment process can be started in June by motion of the Council. She favored ending this process and starting a new process because it would guarantee whatever the Council developed would be given a full public process, meaning it would be reviewed by the Planning Board and City Council with public hearings at both levels. It will also provide a clean Comprehensive Plan amendment process. Since the process began, questions and concerns have been raised about the legal process used. Starting over with a clean process would also allow the Council to put the threat of potential litigation behind them. Councilmember Buckshnis referred to Exhibits 1, 2 and 3. She asked why the process needed to be stopped and started over again when the Council has begun and is moving through a process. City Attorney Jeff Taraday responded the Council did not have to stop the process and start over, but it could. He relayed the three primary ways the Council could proceed were, 1) to do as Council President Petso suggested, 2) to do as Councilmember Buckshnis suggested, or 3) to end the process and not take any further action. The City's code allows the Council to amend a Comprehensive Plan amendment that is presented to the City Council. The City Council has not yet proceeded far enough along that route. Mr. Taraday explained he was asked to compare and contrast two drafts; however, the Council has not yet approved the staff revised draft. If a majority of the Council had stated they wanted to adopt the staff revised draft, an analysis would be done to determine whether it was within the scope of the alternatives considered by the Planning Board or whether it had been changed so significantly that legally it was better to start over to avoid any question whether there had been a sufficient public process. He explained what has been confusing to many is it is not yet known what the City Council's plan for Harbor Square would look like. Therefore the City Council's plan cannot be compared/contrasted to the Port's proposal. Edmonds City Council Approved Minutes May 21, 2013 Page 6 Councilmember Buckshnis noted Exhibit 2, Harbor Square Subarea Plan — City Council Discussion Draft, contains some of the issues she raised and emailed to staff. There are other items in Exhibit 2 that she does not support. She asked how the City could be open to a lawsuit when the Council was still discussing Harbor Square. Mr. Taraday responded he has not suggested there was a significant legal risk. Because some citizens are confused by the process, in the interest of simplification and to avoid any further confusion, the City Council may opt to start over but the Council does not have to start over. Councilmember Buckshnis asked if the process continued would the plan return to staff to incorporate the Council's ideas into a more succinct plan and then go through the Planning Board process. Mr. Taraday answered maybe, but it was as yet unknown what the plan will look like at the conclusion of the process. If at the conclusion of the process the amendments are minor enough to justify the GMA required public process had been conducted, there would be no reason to return it to the Planning Board. He reiterated that determination could not be made yet because the Council was not at that point in the process. Councilmember Buckshnis relayed her opinion the plan would be significantly different because there was discussion of incentive zoning and incentivizing things such as bulk, height, parking. Once the Council process was concluded, she anticipated the plan would need to return to the Planning Board review process. Mr. Taraday commented Councilmember Buckshnis may have a better sense than he does regarding what the City Council approved plan will look like. If the plan is dramatically different, it would be prudent to send it back to the Planning Board for further public participation and public hearing. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, THAT WE FORMALLY END THIS COMPREHENSIVE PLAN AMENDMENT PROCESS. Council President Petso restated her rationale; if a new process is begun, it is guaranteed to be a full process including Planning Board review and public hearing and City Council review and public hearing and is more likely to be a clean process where a proposal is made and the citizens understand how the City Council is working through the process. Councilmember Yamamoto was uncertain what starting over would entail. He recognized starting over would be a lot of work, repeating a lot of information that was already gathered, holding numerous public hearings that have already been held, and ignoring the work done by Port, the Planning Board and staff. He did not see the advantage of starting the process over as the Council has received more than enough information. He agreed the plan needs to be tweaked and add to the current process. He preferred to continue the current process and make the necessary changes. Councilmember Fraley-Monillas asked whether the motion was to cancel the current process and start a new process. Council President Petso clarified the motion was to end the current Comprehensive Plan amendment process. If the motion was successful, her intent was to then initiate a new process. Councilmember Peterson stated he will vote against the motion. The implication that the process has been unclean is insulting to the Port, another elected body, insulting to the Planning Board who put an incredible number of hours into the plan, and insulting to the process. This process has been open and clean. He acknowledged it may be a confusing process but that is government. Because the process is confusing, it takes time. He expressed concern with the proposal to end the process that has been underway for years and to present a new City Council process that will be clean and easy to understand, pointing out it will be the same process. If the Council decides to reject the plan at the completion of the process, so be it. He reiterated it was insulting to everyone who has worked so many hours to reject the plan based on assertions the process had been unclean or muddy. Councilmember Buckshnis said she will vote against the motion. She echoed Councilmember Peterson's comments, pointing out some citizens like to make noise. She provided the example that the code allows Edmonds City Council Approved Minutes May 21, 2013 Page 7 building heights of 25 + 5 feet, yet a member of the public has stated the height limit was increased. The City has done a good job moving this process forward. She urged the public to review Exhibit 2, noting there were items she agreed with and some she did not. She viewed the changes as significant and envisioned it would go through the Planning Board process. Councilmember Bloom noted she was baffled by Councilmembers Yamamoto and Peterson's comments; ending this process does not mean the information gathered has to be thrown out or the input from citizens ignored. All the information can be used to start a new process that focuses on what can be agreed on versus this process which has focused on what is disagreed on. She supported the motion, envisioning the Council could better move forward after saying no to the Port's process. She pointed out in addition the Port has withdrawn their proposal. The Council is no longer working off the Port's proposal as the Council previously voted 4-3 to work off staff s proposal, essentially denying the Port's proposal. Councilmember Bloom explained by working off staff s draft, the Council was formalizing their previous action and acknowledging the Port's withdrawal of their application. She disagreed it was disrespectful, finding this the most respectful way to proceed, by acknowledging the Port's withdrawal of their proposal, formally denying the Port's proposal and starting with what can be agreed on. Council President Petso assured she did not intend to insult anyone by saying the process would be cleaner if it started over. There has been confusion with the process; the Council recently received a letter signed by nine citizens stating they do not understand where the Council stands legally in the process. She relayed the Council can start its own Comprehensive Plan amendment by motion. That process would be distinct from this process, would have citizen input at the outset and guarantee a full public process. Councilmember Fraley-Monillas suggested a simpler process was possible; the Council did not have to formally deny the Port's plan because the Port has withdrawn their plan. Mr. Taraday explained the Council had the option via President Petso's motion to acknowledge the Port's withdrawal of their application and terminate the process in light of that withdrawal. Councilmember Fraley-Monillas commented there was no longer a Port plan to work from as the Port has withdrawn their plan. The Port does not have to accept what the Council does, it is their property. She viewed including the Port in the development of a Council plan as a first step. She concluded it would be simpler to move ahead. Councilmember Johnson agreed with Councilmember Fraley-Monillas's comments. She was willing to move ahead to discuss the substance of the plan, setting aside some of the process issues at this time. Councilmember Buckshnis referred to the subarea plan for Westgate, asking whether the City Council was the ultimate decision -maker for a subarea plan. Mr. Taraday agreed the Council was. Councilmember Buckshnis supported proceeding with Exhibit 2. Mr. Taraday responded it is up to the Council's discretion to adopt subarea plans and any other Comprehensive Plan amendments. It would be prudent at some point to ensure any subarea plan the Council is considering adopting will ultimately be feasible for development; otherwise the Council is wasting its time. THE VOTE ON THE MOTION FAILED (2-5), COUNCILMEMBER BLOOM AND COUNCIL PRESIDENT PETSO VOTING YES. Council President Petso observed the Council was now back to considering the matrix in Exhibit 3. Councilmember Fraley-Monillas suggested the Council have a facilitated discussion at a work session on commonalities. Council President Petso suggested scheduling discussion at the Council's June 17 mini - retreat. Councilmember Fraley-Monillas preferred a longer discussion that did not have time constraints. She preferred to devote an entire Council meeting to this topic. Councilmember Buckshnis pointed out the Council had started reviewing Exhibit 3, a matrix with Council comments and suggestions communicated to staff and how those were addressed in the revised Edmonds City Council Approved Minutes May 21, 2013 Page 8 Harbor Square subarea plan. The minutes indicate there were decisions made on some items. Exhibit 3 incorporates incentive zoning, retains the base height and allows additional height for a parking structure. Councilmember Fraley-Monillas pointed out everything changed with the withdrawal of the Port's plan; there is no starting point for a matrix. She recommended the Council discuss commonalities and differences. She feared reviewing Exhibit 3 would result in the Council spinning its wheels. Council President Petso suggested an additional option would be for three Councilmembers with widely differing viewpoints to meet with representatives from the Port and staff. She asked whether the Council would be interested in hearing the recommendations of such a group. Councilmember Buckshnis read the comments she offered to staff and suggested Councilmembers reread the information in the packet: • Special district for incentive zoning — brewery, distillery, brew pub zone. Create distinct energy area using waste heat from the treatment plant • Campus for tech firms or other businesses • Tourist destinations • Year-round farmers market Councilmember Yamamoto suggested the Harbor Square subarea plan developed by staff dated March 19, 2013 was a good starting point. Councilmember Peterson agreed with Council President Petso's suggestion, noting regardless of the Port's withdrawal of their plan, the Port owns the property and should be at the table. He offered to participate and suggested inviting the Port to participate. Councilmember Johnson supported involving the Port, finding it a good compromise and a place to start. Council President Petso volunteered to participate; she suggested involving 1-2 Planning Board Members. Councilmember Peterson reminded parallel to this item is the Shoreline Master Program (SMP). Discussions regarding the Master Plan will require discussion regarding the SMP. Councilmember Johnson agreed the SMP is supposed to be coordinated with the Comprehensive Plan and the Harbor Square Master Plan is integral to both. She agreed with the suggestion to involve the Planning Board, noting the Council never reviewed the Planning Board's recommendations, which was one of the Port's criticisms when they withdrew their amendment. Mayor Earling asked to provide comment. There were no objections. Mayor Earling echoed the concern that the Council never reviewed the Planning Board's recommendations. He was glad to hear that the recommendations would be considered in the revised process. He stressed the importance of inviting the Port to participate, noting some pretty offensive things occurred during the process and the Port was justifiably smarting from some of the comments that were made. He also cautioned the Council about the Planning Department's workload. Beyond their normal workload, they are in the middle of rewriting the code, will receive Strategic Plan assignments, the permit process has dramatically increased in recent months, and the department is down one planner. 9B. PARK LEVY EXPLORATION COMMITTEE RECOMMENDATION (formerly Agenda Item 15) Parks and Recreation Director Carrie Hite explained in March 2012 the Council requested the formation of a Metropolitan Parks District (MPD) Exploratory Committee. Forty people were recruited to be on the committee; the first few meetings were well attended with robust discussion regarding an MPD. In July Edmonds City Council Approved Minutes May 21, 2013 Page 9 2012, the committee recommended continued exploration of park revenue options via an MPD or a Park Levy but not to put it on a 2012 ballot. The Council agreed and directed the committee to continue its work. At the Council retreat, Councilmember Yamamoto and she presented information and the Council directed the committee to continue their exploration. Three committee meetings were held following the Council retreat. She referred to a list of all attendees at MPD Exploratory Committee meetings included in the Council packet, clarifying not everyone attended all meetings. The Council packet also includes material that informed the committee's decision. Phil Lovell, MPD Exploratory Committee Member, explained this report is being presented by a committee of volunteers hosted by Ms. Hite and Councilmembers Yamamoto and Buckshnis. The committee was formed in 2012 at the request of Council to study the feasibility of establishing a MPD for Edmonds. Last year's work did not reach a concluding recommendation and further study was undertaken this spring at Council's request during their 2013 retreat. He advised the presentation would not include all backup information; it is available to the public and key elements of the work product have been included in the Council's packet for reference. He thanked the Council, committee members and staff for their assistance in researching and supporting the committee's efforts. By way of background and to highlight the importance of this matter, Mr. Lovell referred to the April 2, 2013 Council approved Edmonds Strategic Action Plan, available on the City's website. The plan is organized around five major objective categories, the third, "Maintain and Enhance Edmonds Community Character and Quality of Life." Seven of the fifteen action plans associated with this objective are directly related to the facilities or programs led by the Parks & Recreation Department and rated as high or very high priority in the plan. The specific actions proposed cover everything from maintaining physical facilities to enhancing programs and activities for all ages. Based on the Strategic Action Plan, Parks & Recreation infrastructure can be considered the highest priority beyond public safety and quality of governance. Unfortunately the physical and management components of the park infrastructure have suffered necessary budget cutbacks. The committee recommends the Council take action now to remedy this situation and prevent further erosion of Edmonds Parks & Recreation programming. In partnership with such Council action, the committee is committed to continuing its feasibility study for a potential MPD in Edmonds as enabled by RCW 35.41. However at this time, in order to initiate high priority action toward addressing this major quality of life objective within the Strategic Plan, the committee unanimously agreed to recommend a 3- year Levy Lid Lift in the amount of $2 million per year on behalf of Parks & Recreation in Edmonds. A draft resolution is proposed for Council approval that would initiate further action necessary to place a Parks Levy measure on the November 2013 ballot. If passed by the voters, the ballot measure would ensure restoration of eroded parks funds plus establish a 3-year accrual of capital funds for long deferred physical needs within the system. Bruce Witenberg, MPD Exploratory Committee Member, explained the committee discussed the critical importance of a unified commitment from Council for a Parks Levy in order to rally citizen support for its passage. The committee also reviewed the "disaster" of multiple levies on the 2011 ballot, none of which received more than 42% voter approval. The committee discussed the importance of the Council's unanimously adopted Strategic Action Plan as it relates to parks as a high priority item to citizens and how to incorporate another high citizen priority in the plan into the parks levy, the long neglected street overlay program. A high priority action item in the Strategic Action Plan was to create a financing mechanism to generate approximately $1.4 million/year for annual street maintenance. In discussing these issues with the City Attorney, the committee understood him to say one ballot measure could contain funding for both parks and streets. Nonetheless the committee determined, based on past experience, voters were more likely to approve a single issue levy. Given these economic times, a levy Edmonds City Council Approved Minutes May 21, 2013 Page 10 asking for $1 million for streets and $2 million for parks was viewed as too expensive to garner voter support. In addition, the ballot title is limited to 25 words which would not be enough to sufficiently explain a dual subject levy. Mr. Witenberg explained a $2 million parks levy would cost a homeowner whose home was assessed at $350,000 approximately $10/month and $12/month for a home assessed at $400,000. The committee discussed a creative method of funding both parks and street overlays. The Parks Levy, if passed, would free up $750,000 in REET 2 funds which the committee felt could be reallocated by Council to street overlays. Currently only the amount in excess of $750,000 is allocated to street overlays. There has not been any substantial excess for street overlays in the last several years. Up to $150,000 in General Fund savings resulting from the passage of the parks levy could also be used for street overlays. The specific strategy and program for street overlays would need to be developed by the Public Works and Finance Departments but should not prevent the Council from approving the committee's recommended resolution. Some of the General Fund savings would undoubtedly have to be allocated for General Fund deficit based on current budget projections for the three years. The Parks Levy is designed to: • Restore $245,000 in cuts to the Parks budget in 2012 and 2013. • Retain $750,000 for capital improvements • Leverage funds for use in grant matching • Retain $150,000 for the flower program • Retain $85,000 for Yost Pool operations • Retain $62,000 for the Beach Ranger Program • Retain $35,000 for seasonal labor • Retain $218,000 for maintenance and operations • Provide $120,000 for Yost Pool capital improvements • Provide $35,000 for the cemetery • Provide $300,000 for deferred maintenance o Restroom improvements o Play structure upgrades o Pathways/trail upgrades o Citywide turf upgrades and drainage o Tree maintenance/pruning o Tennis and basketball courts upgrades o Park entrance signs Mr. Witenberg explained most of these non -essential programs and services would likely have to be cut in the next three years if there was not a levy or the levy failed. It is critical for the Council to pass the proposed resolution now. There are less than six months to educate voters prior to the November 5 vote and only 2'/2 months before the measure is filed for placement on the ballot. Next steps include the City Attorney preparing and presenting ballot language to Council for approval and the formation of pro and con committees to prepare and submit statements for the voters' pamphlets. To increase the chances of success, funding support will likely need to be obtained by a campaign organization. Passing the committee's resolution as written, the Council will not only demonstrate its further commitment to the unanimously adopted Strategic Action Plan as well as to two very high citizen priorities in the Plan, parks and street overlays. The committee is reasonably confident by the end of the three year levy, enough will be known about the economy and its influence on the City's financial strategies required for long term sustainability for Parks & Recreation programs and street overlay programs. He urged the Council to support the resolution. Mayor Earling expressed his appreciation to the committee for the work they have done. Edmonds City Council Approved Minutes May 21, 2013 Page 11 Councilmember Buckshnis also thanked the committee for their work. She clarified Mr. Hertrich's comment regarding REET; it is a 1 year projection, not a 5-year projection. The projection simply adds the budget divided by 12. Council President Petso asked whether the proposed resolution was binding on City Council in any way. City Attorney Jeff Taraday answered not in any legal way. Council President Petso asked if a levy could be placed on the ballot later without passing the resolution tonight. Ms. Hite advised to place a measure on the November ballot, it needs to be filed by August 6. Councilmember Buckshnis asked staff to explain when the funds from the levy would be received if it was passed in November. Ms. Hite explained if the levy passes in November 2013, the City would begin collecting in 2014. Preliminary budget projections indicate the 2014 budget deficit is $230,000, $878,000 in 2015 and $1.583 million in 2016. Councilmember Bloom referred to the committee vote on April 8, 2013, noting there were 10 committee members present but only 6 voted. Ms. Hite explained a few members left early and School District representatives who were present as levy experts abstained from the vote. Councilmember Bloom noted the vote on the original motion was 5-0 with one abstention. The vote on the amendment for the November ballot was 3-1 with two abstentions. Ms. Hite recalled members who voted against the park levy during the last three meetings did so because they preferred to pursue a MPD. Councilmember Yamamoto agreed. Mr. Lovell explained after spirited discussion, the committee agreed to consider pros and cons of a MPD and a Parks Levy Lid Lift. Attendance at meetings varied and at the conclusion of the comparative process, the quorum present voted on whether to proceed with a MPD or a levy. Councilmember Peterson asked whether the Edmonds School District representatives indicated the amount of time necessary to educate the public. Ms. Hite answered their indication was 6-8 months to educate the public. The School District has a group of parents who call voters and the School District typically utilizes the special election so the levy is a single issue on the ballot. Councilmember Peterson recalled the Council retreat included discussion regarding the timing of the ballot measure and the Council concluded the November 2013 ballot was preferable so that the funds could be collected in 2014. The timing for the primary election would have required the ballot to be filed two weeks ago. For Councilmember Fraley-Monillas, Ms. Hite explained at the April 8 meeting, two committee members voted no on a Park Levy specifically because they wanted to pursue a MPD. In the end, they agreed to pursue a Park Levy, reflected in the 5-0 vote. Councilmember Peterson commented this has been a very well put together process and the committee did an incredible amount of work. He liked the end result and appreciated the straightforward and honest structure that would free up funds for street overlays, a huge deficit in the community. He acknowledged the resolution was not legally binding but felt it was binding politically. He recognized parks and street overlays were two of the most critical issues in the community, ensuring parks do not reach the level streets are at now. He also appreciated the funds the levy would provide for Yost Pool. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE RESOLUTION NO. 1290, A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, REGARDING SUBMISSION OF A PARK LEVY BALLOT PROPOSITION FOR THE GENERAL ELECTION OF 2013. Mayor Earling explained the resolution provides an indication of intent; another ordinance would be required for Council to take action to file the ballot measure. Mr. Taraday agreed. Edmonds City Council Approved Minutes May 21, 2013 Page 12 Councilmember Yamamoto thanked the committee members and Ms. Hite for their hard work. He noted there was a good amount of information present in order to make a decision. Councilmember Peterson commented the intent of starting with a resolution was to determine whether the Council wanted to move forward and provide an opportunity for citizen input prior to the Council considering an ordinance. Councilmember Fraley-Monillas commented she had no problem supporting the resolution but preferred there be some clarity regarding the road overlays and the amount that would be allocated to overlays to ensure citizens were clear how the funds would be spent. Councilmember Bloom said she would vote against the motion. It was important to her that the permitting process and code be addressed and she did not feel in good conscience she could support a levy when the 2013 budget did not include dedicated funds for a Development Services Director to guide that process. THE VOTE ON THE MOTION CARRIED (5-2), COUNCIL PRESIDENT PETSO AND COUNCILMEMBER BLOOM VOTING NO. Mayor Earling declared a brief recess. 10. ALTERNATIVE CHART FORMAT FOR MONTHLY REPORT This item was to be rescheduled via action taken under Agenda Item 3. 11. 2013 MAY BUDGET AMENDMENT Interim Finance Director Ron Cone reviewed the 2013 May budget amendment: • Reallocate funds from the Finance Director's salary to professional services to cover the costs of an Interim Finance Director • Reallocate funds from the Finance Director's salary to overtime to cover costs associated with additional staff time needed as the City searches for a new Finance Director • Transfer of funds to reinstate .5 FTE Parks Senior Office Specialist position (previously approved by Council) • Professional services covered by grants • Miscellaneous Street/Storm Public Works COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE ORDINANCE NO. 3920, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3913 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS. Councilmember Buckshnis thanked Accountant Deb Sharp for her efforts. MOTION CARRIED UNANIMOUSLY. ff►�I�aI;7xow11[17►■ICal9MlelelQUM:317.1N1M.1101�0[KI]e[e]uI[y0WA04I[f)WuI01IeY19411) UVIuIKIVIMei REGARDING COUNCIL PRIORITIES ON WESTGATE AND FIVE CORNERS This item was rescheduled via action taken under Agenda Item 3. 13. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT AND POTENTIAL AMENDMENT WITH TETRA TECH TO PROVIDE SERVICES FOR THE PERRINVILLE CREEK STORMWATER FLOW REDUCTION RETROFIT STUDY. Stormwater Engineering Program Manager Jerry Shuster explained this project is in the 2013 budget. He referred to Agenda Item 14, a grant the City recently received to expand the scope of this project. He displayed a map, identifying Perrinville Creek and Perrinville Basin, noting all the rainfall in the Edmonds City Council Approved Minutes May 21, 2013 Page 13 Perrinville Basin goes into Perrinville Creek. Approximately half the drainage basin is in the City of Lynnwood. Most of the open channel is in Edmonds and most of the problems are in Edmonds. Mr. Shuster displayed an aerial map, identifying the mouth of Perrinville Creek and the culvert under Talbot Road. He explained there was a project in the 2012 CIP to replace the culvert. He displayed a photograph of the existing hanging culvert which is a fish passage barrier. He reviewed a drawing of the existing 30-inch diameter culvert and the recommended 16-foot wide, 7-foot high culvert for fish passage according to Department of Fish and Wildlife guidelines. That culvert will increase the amount of water flowing through the culvert because the smaller culvert acts as a dam. The problem with Perrinville Creek is there is too much stormwater. In order to replace the culvert with a fish passable culvert, flows must be reduced. If flows are not reduced and the culvert is replaced with a wider culvert, the remaining fish habitat will be destroyed as well as potentially flood five homes. Ms. Shuster reviewed the goals of the project: • Reduce peak flows and durations by reducing and controlling stormwater runoff, including the use of Low Impact Development Techniques. • The flow reduction will provide multiple hydrologic and biological benefits to both the Creek and Brown's Bay in the Sound such as: o Allow for the replacement of an anadromous fish barrier culvert o Reduce erosion and sedimentation that is impacting aquatic habitat and City infrastructure o Reduce the amount of pollutants in the aquatic environment. o Support base flows in Perrinville Creek He reviewed the scope of work: 1. Define the Current Watershed Hydrology 2. Define the Target Conditions in Perrinville Creek 3. Identify Flow Reduction Opportunities 4. Evaluate Candidate Flow Reduction Performance 5. Public Information and Engagement 6. Recommended Flow Reduction Plan 7. Project Management, Coordination and Reporting 8. Geologic/Geotechnical Characterization 9. Expanded Stream Flow Monitoring 10. Pre -Design and Report 11. Additional Project Management Mr. Shuster explained the first seven items are funded by the current City budget. Items 8 — 11 are funded by the grant. He described the grant: • Competitive grant from Department of Ecology's National Estuary Program, Watershed Protection & Restoration Program. • Goal: Conduct watershed -based stormwater retrofit planning and pre -design in target watersheds in the Puget Sound Basin. • Moves the project beyond the analysis stage into the predesign phase, thereby accelerating retrofit of the watershed. • $188,772 - No required match but leveraging of funds is encouraged He identified $200,000 in the 2013 budget for this project plus the $188,772 grant for a total of $388,772. He referred to a letter of support submitted with the grant from Lynnwood's City Engineer stating Lynnwood will work with Edmonds on the project. Councilmember Buckshnis advised she provided Mr. Shuster a baseline of 50 creeks WRIA 8 is studying; Perrinville Creek is one of them. Perrinville Creek does well in regard to wooded areas but not as well with regard to fish and insects. Edmonds City Council Approved Minutes May 21, 2013 Page 14 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO AUTHORIZE THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT AND POTENTIAL AMENDMENT WITH TETRA TECH TO PROVIDE SERVICES FOR THE PERRINVILLE CREEK STORMWATER FLOW REDUCTION RETROFIT STUDY. Councilmember Bloom asked if there was an agreement with Lynnwood to partner on this project. Mr. Shuster responded it was not an agreement; Lynnwood submitted a letter of support with the grant. Once the project begins, City staff will discuss issues with Lynnwood. Councilmember Bloom asked if Lynnwood was allocating any funds to study Perrinville Creek or seeking any grants. Mr. Shuster answered Lynnwood did not have any funds allocated in their 2013 budget; he has been discussing an allocation in their 2014 budget. Councilmember Bloom asked if the LID techniques would be utilized in only areas that have public access. Mr. Shuster advised all options are being considered. Rich Schaefer, Project Manager, Tetra Tech, advised different techniques and best management practices will be considered regardless of their location. The areas where solutions that can be implemented most quickly are those where the City has control of the land such as rights -of -way. These could range from rain gardens on individual properties to something more significant such as intercepting a trunk line storm flow and infiltrating or significantly detaining it. Lynnwood is a partner because much of this will happen on their side of the watershed. Councilmember Bloom asked if the grant is for the studies and to make recommendations but not implementation. Mr. Schaefer answered the City had planned to fund the study itself, with the grant the rigor of the study can be enhanced via more soil exploration to better calibrate estimates of the amount of water that can be removed from the system as well as fund preliminary design of priority projects. Mr. Shuster explained DOE is providing these grants because the Legislature has asked DOE to provide a list of LID projects to fund. Pre -design studies need to be completed by October 2014. These studies will position the City for funding. Councilmember Johnson commented this is a tremendous step forward compared to the project a few years ago, a large pipe going into Browns Bay. This is a more natural approach and is the way the State Legislature wants these problems addressed. THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 14. AUTHORIZATION FOR MAYOR TO SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR $188,772 TO CONDUCT PRE -DESIGN SERVICES FOR THE PERRINVILLE CREEK STORMWATER FLOW REDUCTION RETROFIT STUDY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR $188,772 TO CONDUCT PRE -DESIGN SERVICES FOR THE PERRINVILLE CREEK STORMWATER FLOW REDUCTION RETROFIT STUDY. MOTION CARRIED UNANIMOUSLY. 16. INTERIM ORDINANCE TO ALLOW PUBLIC MARKETS IN THE BUSINESS COMMERCIAL (BC), BUSINESS DOWNTOWN (BD) AND GENERAL COMMERCIAL (CG) ZONES - PROPOSED CHANGES TO TITLES 16 AND 21 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC). ORDINANCE TO AMEND TITLE 4.90 OF THE EDMONDS CITY CODE (ECC) - LICENSING. Community Services/Economic Development Director Stephen Clifton explained there are two ordinances for Council review and potential action. The first is an interim ordinance amending Titles 16 and 21 of the Edmonds Community Development Code (ECDC) to allow public markets in the Business Commercial (BC), Business Downtown (BD) and General Commercial (CG) Zones. The second Edmonds City Council Approved Minutes May 21, 2013 Page 15 ordinance would amend Title 4.90 of the Edmonds City Code (ECC) related to licensing. The interim ordinance, if approved, would be effective for six months; a public hearing must be held on the ordinance within the six month timeframe. The interim ordinance is scheduled for Planning Board review in May and June and likely before the Council in June. The ordinance related to ECC 4.90 can be approved tonight and does not require a public hearing. The City Council's Parks, Planning and Public Works Committee recommended approval of both ordinances at their May 14, 2013 meeting. Mr. Clifton explained the agenda memo contains background information regarding how this issue came to the City Council in September 2012, what City staff s review of ECDC Titles 16 and 21 and ECC 4.90 revealed, goals of the proposed amendments, how the goals would be met if the amendments are approved by Council and how the proposed amendments relate to the recently approved Strategic Action Plan. He invited Council feedback on the narrative for use in preparing future agenda memos. Mr. Clifton explained in the summer of 2012, Edmonds Historical Museum representatives contacted City staff about a seasonal produce and food market in September 2012. The site they were considering at the time was the Salish Crossing property located at the intersection of SR 104 and Dayton Street. Staff determined that would be allowed but the use could not operate beyond the month of September. On September 18, 2012, the City Council passed an interim ordinance that would have allowed community oriented open-air and/or farmers' markets to operate within BD and BC zones throughout the year. Unfortunately, market sponsors were not able to move forward with this proposal and the interim ordinance has since expired. The Edmonds Historical Museum is now able to move forward with this proposal and would like to begin operations on June 12, 2013 on the Salish Crossing property. Although the initial request was simple, upon the review of existing regulations applicable to such a proposal, City staff found numerous issues in the existing code related to the proposal as well as the current market operation and plans for the future. Specifically, the current regulations would preclude the proposed produce and farmers market from operating Wednesday evenings any month of the year and existing regulations conflict with the current operation of the Edmonds Historical Museum Garden and Summer Market that take place each Saturday. The code allows a community oriented open-air market to operate only during the months of July, August and September of each year, the Garden and Summer Market operates from early May through early October. Existing regulations prohibit any other open air market to exist other than what exists today. Currently regulations preclude the ability to establish a year- round farmers market and many within the community, including the Council, have expressed a desire to create a year-round farmers market. Although Community Oriented Open -Air Markets are allowed within the BD and BC zones, it is not defined in Title 21. Instead, the definition is contained in ECC Section 4.90. Although it defines a Community Oriented Open -Air Markets, it states activities must take place on Saturday and/or Sunday and can only take place during the months of July, August and September. It also precludes the ability for any other Community Oriented Open -Air Market to exist. The code states Chapter 4.90 was established by the City Council to study the effects of Open -Air Markets, which occurred in 1994, and references a 1994 working test. A Farmers Market is not defined in the code. A Seasonal Farmers Market is defined in Title 21 but it states it can only operate during the months of May, June, July, August and September, limiting the timeframe to five months. The goals of amending ECDC Titles 16 and 21 in addition to ECC Chapter 4.90 are to: 1. Create one definition that would be located in ECDC Title 21 - Definitions and could apply to community open-air markets, farmers' markets, seasonal farmers' markets, or public markets; the term Public Market is the preferred term included within the proposed attached draft 2. Allow public markets to operate as open-air activities, within buildings, or both 3. Allow public markets to operate in public rights of way, private property, and public property not located within public rights of way Edmonds City Council Approved Minutes May 21, 2013 Page 16 4. Establish operational hours to minimize disruption to traffic, residential properties, etc. 5. Allow public markets to operate for longer periods of time, e.g., four months, 8 months, or year- round 6. Remove provisions of ECC Chapter 4.90, Section 4.90.060, that are more land use oriented and move them to ECDC Sections 16.43 and 16.50 He described amendments to the code to meet the above goals: • Goals 1 and 2: The term Community Oriented Open -Air Market has been deleted from ECC Section 4.90.010 - Definitions. A new Section 21.80.103, entitled "Public Market," would be added to the Edmonds Community Development Code. The term Public Market would allow a stand-alone produce only farmers market, or a farmers market with produce, meats, cheeses, flowers and products produced from these (food), or the kind of spring and summer market that is currently operated by the Edmonds Historical Museum, i.e., produce, flowers, meats, bread, bakery items, arts and crafts, etc. The term also allows the use to take place indoors or outdoors. • Goals 3 and 4: To minimize disruption to roadways, activities of the market shall be limited to daylight hours on Saturday and Sunday of each week within public rights of way. If the market takes place on private or public property not within public rights -of -way, hours can be extended up to 10 p.m. for any day of the week. • Goal 5: Amendments to ECDC Titles 16 and 21, and ECC Chapter 4.90, do not place restrictions on what months a public market can operate, thus allowing a market to operate year-round. • Goal 6: ECC Section 4.90.060 has been deleted and relocated to ECDC Title 16. This language relates more to land use which is why it has been moved to Sections 16.43.040 and 16.50.030 - Operating restrictions. Mr. Clifton noted the existing ECDC Section 16.60.010 - General Commercial (CG) zoning allows "All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection (C) of this section or limited by subsection (D) of this section", thus, a public market would be allowed in this zone as well, just as community oriented open-air and seasonal farmers' markets are today. A workshop is scheduled with the Planning Board at their May 22 meeting, a public hearing will be held in June, and the Planning Board's recommendation forwarded to the City Council. Mr. Clifton referred to how the proposed changes to ECDC Titles relate to the Strategic Action Plan. He planned wherever possible to mention how changes relate to the Strategic Action Plan to illustrate how the Plan is being implemented. The proposed ordinance relates to the following plan actions: • Plan Action 2a.2 (33) Farmers'/Public Market. "Expand into a year-round activity with available all-weather structures, available parking, and increased visibility to attract out -of -area customers and tourists." The proposed amendment would implement that plan action. • Plan Action 1b.5 (21) Antique Mall aka Salish Crossing. "Encourage packaging the Safeway/Antique Mall aka Salish Crossing and nearby properties for the purpose of enhancing redevelopment opportunities of this significant gateway site." The Wednesday evening market is proposed for the Salish Crossing property. Mr. Clifton summarized the proposed ordinances, if approved, would allow for a year round public market that could take place indoors, outdoors and/or both. Additionally, approval would also allow a Wednesday evening produce and food fanners' market to take place on the Salish Crossing property. Councilmember Bloom expressed her appreciation for Mr. Clifton's references to the Strategic Action Plan. She referred to 4.90.020.0 that states the activities of the public market shall be limited to daylight hours on Saturday and Sunday of each week within public rights of way and asked what was meant by Edmonds City Council Approved Minutes May 21, 2013 Page 17 daylight hours. Mr. Clifton responded sunrise to sunset; the purpose was to minimize disruption within the public right-of-way, but could be extended. Council President Petso expressed appreciation for Mr. Clifton's agenda memo format. She asked if markets would be allowed in BC zones adjacent to single family zones. Mr. Clifton stated they would be allowed in any BD zone. The market hours were limited to 10 p.m. to limit disruption to neighbors. He noted it was unlikely a market would occur anywhere other than where it currently exists plus the Wednesday market. Council President Petso noted there were several BC zones immediately adjacent to single family residential. She suggested an amendment that markets would only be allowed in BC zones that were not adjacent to single family residential. Mr. Clifton noted there was one area where BD2 exists near residential. Council President Petso clarified her concern was BC zones along Highway 99 and other areas that were adjacent to single family residential. Mr. Clifton advised Council President Petso may be referring to the CG zone, BC zoning was limited to Salish Crossing, the WSDOT lot and the Vatika lot. Council President Petso asked whether a farmers market started in a BC zone could vest. Mr. Taraday answered the proposed amendment contemplates an annual license; the market would need to apply annually unless it specified the market was permanent. Council President Petso asked whether a farmers market in a BC zone such as behind the Safeway on Highway 99 that identified itself as permanent could not be discontinued. Mr. Taraday asked for an opportunity to research. Councilmember Bloom referred to language in the first ordinance, when a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established by Chapter 17.50. She assumed there was plenty of parking on the Salish Crossing property. Mr. Clifton explained prior to permitting, the owner must demonstrate they have enough parking for the current use and the proposed Wednesday evening market. Councilmember Bloom asked the cost for permitting. Mr. Clifton answered it was currently $50. The revisions to Title 4.90 increase the cost to $100. Councilmember Buckshnis complimented Mr. Clifton on the narrative in the agenda memo. She referred to Council President Petso's concern with BC zones. Mr. Clifton advised there are two small areas near 224th and near 78th & 2256. Council President Petso noted there is also an area near Westgate. In response to Council President Petso's earlier question, Mr. Taraday referred to language in the ordinance, unless a public market is identified on a business license as a year-round market within the City of Edmonds, a premise license as a public market shall be considered a temporary use. That language would allow someone to apply on a business license as a year -year market and it would not be a temporary use. He concluded it would theoretically be possible for a market to vest on something other than a temporary basis. If that was not the Council's intent, he suggested making an amendment. Mr. Taraday noted language in an earlier draft may have been inadvertently deleted from this draft; Section 10 should have another sentence that reads, "This ordinance shall only be effective for six months from the effective date." Mr. Clifton relayed Acting Development Services Director Rob Chave's indication that BC zones have a 15-foot setback from residential property. If the Council wished, public markets or open air markets could be prohibited when adjacent to single family. Edmonds City Council Approved Minutes May 21, 2013 Page 18 If the intent was to allow the Wednesday evening market to proceed, Council President Petso asked if all markets could be temporary and the loose ends tied up as part of the Planning Board's review. Mr. Taraday replied yes, but it would require an amendment to the proposed ordinance. He suggested language such as "no market permitted under this interim ordinance shall have a duration that exceeds six months." Main Motion COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE ORDINANCE NO. 3921, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING INTERIM AMENDMENTS TO ZONING REGULATIONS THAT WOULD ALLOW PUBLIC MARKETS IN THE BC, BD AND CG ZONES, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD OF THE ORDINANCE, AND ESTABLISHING AN EFFECTIVE DATE. Amendment 01 COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE MOTION TO SPECIFY THAT NO PUBLIC MARKET PERMITTED UNDER THIS INTERIM ORDINANCE SHALL HAVE A DURATION LONGER THAN SIX MONTHS. MOTION CARRIED UNANIMOUSLY. Amendment #2 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO ADD A SENTENCE IN SECTION 10, "THIS ORDINANCE SHALL ONLY BE EFFECTIVE FOR 6 MONTHS FROM THE EFFECTIVE DATE. MOTION CARRIED UNANIMOUSLY. Vote on Main Motion as Amended MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE ORDINANCE NO. 3922, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE CHAPTER 4.90 RELATED TO LICENSING AND PERMITTING REQUIREMENTS FOR PUBLIC MARKETS, AND ESTABLISHING AN EFFECTIVE DATE. MOTION CARRIED UNANIMOUSLY. 17. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF MAY 14, 2013. Finance Committee Councilmember Yamamoto reported on the items the Finance Committee discussed: • 2013 COPS Hiring Grant Solicitation: A 4-year federal grant for a police officer, 75/25 cost share the first 3 years. Edmonds School District is considering paying all or part of the 25%. Committee members supported staff submitting the grant application • 2013 May Budget Amendment — approved on tonight's agenda • 2013 Quarterly Financial Report — approved on the Consent Agenda • Issuance of 2013 Water, Sewer and Stormwater Utility Bonds — presentation will be made to full Council in the future • Alternative Chart Format for Monthly Report — will be scheduled for full Council review in the future • Park Levy Exploration Committee Recommendation — discussed on tonight's agenda • Public comment from Ron Wambolt and Roger Hertrich Parks, Planning and Public Works Committee Councilmember Buckshnis reported on items the Committee discussed: • Park Levy Exploration Committee Recommendation — discussed on tonight's agenda Edmonds City Council Approved Minutes May 21, 2013 Page 19 • Authorize Mayor to sign a contract with MIG for development of the PROS Plan — approved on Consent Agenda • Authorize Mayor to sign a professional services agreement with A/E services for City Park — approved on Consent Agenda • Interim Ordinance to allow Public Markets in the Business Commercial (BC), Business Downtown (BD) and General Commercial (CG) Zones — Proposed changes to 16 and 21 of the Edmonds Community Development Code (ECDC). Ordinance to amend Chapter 4.90 of the Edmonds City Code (ECC) — Licensing — discussed and approved on tonight's agenda. • Edmonds City Code Chapter 2 Revisions — schedule on future Council agenda • Issuance of 2013 Water, Sewer and Stormwater Utility Bonds — presentation will be made to full Council in the future • Authorization for Mayor to sign a Grant Agreement with the Department of Ecology for $188,772 to conduct pre -design services for the Perrinville Creek Stormwater Flow Reduction Retrofit Study — discussed and approved on tonight's agenda • Authorization to award construction services for the 224th Street SW Sewer Upgrade project to Laser Underground and Earthworks — approved on Consent Agenda • Authorization to approve a storm utility easement for installation of infiltration and storm that will be part of improvements to be done as part of the 238"' Storm Drain Project — approved on Consent Agenda • Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for the 228"' St. SW Corridor Improvements Project — scheduled for presentation to full Council on June 4, 2013 • Final Contract Acceptance, WWTP A -Basin Upgrade Project — approved on Consent Agenda • Final Contract Acceptance, WWTP Building Roof Replacement — approved on Consent Agenda • Title 19 Building Code Updates — schedule for presentation and public hearing at full Council Personnel and Public Safety Committee Councilmember Bloom reported on items the Committee discussed: • Proposed changes to the Economic Development Commission Ordinance: o Allow up to two City Councilmembers to be appointed by the Council President as liaisons — committee recommended approval o Each commissioner serves at the pleasure of the applicable appointing official, who may remove and replace his or her appointee(s) at any time without cause — withdrawn due to lack of committee consensus • 2012 Fire Code Update — scheduled for public hearing on June 4 • Annual renewal of Snohomish Regional Drug & Gang Task Force Interlocal Agreement (2013- 2014) — approval on future Consent Agenda • Interlocal Agreement — North Sound Metro SWAT — approval on future Consent Agenda • 2013 COPS Hiring Program Grant Solicitation — committee consensus to proceed with submitting the grant application Councilmember Peterson added the Personnel and Public Safety Committee also discussed and recommended approval of advertising vacancies on the Economic Development Commission. 18. MAYOR'S COMMENTS Mayor Earling reported on a situation involving dogs on a property near 76th. The police have been pursuing the issue for some time and finally accumulated enough evidence to obtain a search warrant. The search found 20+ animals inside the house. Two residents of the home were arrested. A court date has been scheduled and the City plans to pursue the matter to the full extent of the law. Edmonds City Council Approved Minutes May 21, 2013 Page 20 Mayor Earling reported the Edmonds Center for the Arts (ECA) was a participant on the Seattle Foundation's May 15 GiveBIG campaign and raised $164,000, the 4' highest in the State. With matching grants, that amount totaled $180,000. He commended the Seattle Foundation, ECA and citizens for their accomplishment raising that amount. 19. COUNCIL COMMENTS In response to Councilmember Bloom's earlier question, Councilmember Buckshnis explained Lynnwood is not a participant in WRIA 8. Lake Forest Park Councilmember Fiene and she plan to encourage Lynnwood, Brier and Woodway to participate in WRIA 8. She noted Perrinville Creek has great wooded areas but the water flows negatively impact fish and insects. Councilmember Buckshnis reported she will be out of town next week. She encouraged the public to watch the presentation by Keely O'Connell and Jerry Shuster at next week's Council meeting regarding the Willow Creek Daylighting Feasibility Study. A walkabout of the Edmonds Marsh with WRIA 8 will take place on May 22. Councilmember Buckshnis invited the public to help at the annual Hutt Park clean-up from 9:00 a.m. to noon on Saturday, May 25. Councilmember Fraley-Monillas reported on the May 18 SeaWolves game. She encouraged the public to visit www.SeaWolves.come for information regarding upcoming games. She congratulated Jim Underhill and the SeaWolves management for proceeding with this sports tourism. Councilmember Fraley-Monillas reported on the Health Food Fair at the Lynnwood Convention Center where PCC and organic farms provide information on healthy eating, cooking and growing. She encouraged the public to attend this free event next year. Council President Petso reported a mini Council retreat will be held on June 17, from 8:30 a.m. to noon. She invited Councilmembers to submit agenda items. The agenda will include public records retention training by the City Clerk Sandy Chase, City Attorney and other experts. Councilmember Johnson reported she and Mayor Earling attended the Edmonds Museum Guild Tea today that honors their volunteers. Councilmember Peterson referred to the comments made under Audience Comments about food vendors at the Edmonds Arts Festival. The Council's passage of the street vendor ordinance late last year had unintended consequences; he did not believe it was the Council's intent to charge food vendors at festivals the $235 fee to participate. He proposed language for Section 4.12.030.E, Exemptions: Annual events that are under contract with the City such as the Arts Festival, Summer Market, 4th of July Parade and Fireworks, Taste of Edmonds, Classic Car Show and Edmonds Waterfront Festival. He suggested Mr. Taraday prepare the amendment for Council consideration at next week's meeting. Councilmember Fraley-Monillas asked whether vendors at City events are currently charged a fee. City Clerk Sandy Chase answered there was specific language in the 4th of July contract that related to vendors obtaining a license. The amendment made to the code regarding street vendors requires vendors at all events obtain a license. Mr. Taraday advised the street vendor definition only applies to vendors with wheels. Mayor Earling advised many do have wheels. Mr. Taraday was directed to prepare an ordinance and revise the language as necessary in consultation with Councilmember Peterson. Councilmember Peterson reported he attended the Police Ceremony sponsored by the Edmonds Police Foundation, VFW and Rotary. The event included commendations for citizens who pulled a baby from a Edmonds City Council Approved Minutes May 21, 2013 Page 21 burning car and Officer Kenneth Crystal, a great officer and humanitarian, was awarded Officer of the Year. He encouraged the public to attend the event next year. He plans to work with the Police Foundation to better advertise the event. Councilmember Bloom reported she attended the Floretum Garden Club's final meeting of the year. She also expressed her excitement about the Council's passage of the ordinance related to a year-round market. She looked forward to the June 12 opening of the evening market at Salish Crossing from 3:00 to 7:00 p.m. 20. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i). At 10:07 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday and City Clerk Sandy Chase. The executive session concluded at 10:23 p.m. 21. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. Mayor Earling reconvened the regular City Council meeting at 10:25 p.m. No action was taken as a result of meeting in executive session. 0*R 1301" 11VI With no further business, the Council meeting was adjourned at 10:26 p.m. Edmonds City Council Approved Minutes May 21, 2013 Page 22