Cmd072120EDMONDS CITY COUNCIL
VIRTUAL ONLINE MEETING
APPROVED MINUTES
July 21, 2020
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Kristiana Johnson, Councilmember
Luke Distelhorst, Councilmember
Diane Buckshnis, Councilmember
Vivian Olson, Councilmember
Susan Paine, Councilmember
Laura Johnson, Councilmember
ELECTED OFFICIALS ABSENT
Adrienne Fraley-Monillas, Council President
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Phil Williams, Public Works Director
Shane Hope, Development Services Director
Jessica Neill-Hoyson, HR Director
Rob English, City Engineer
Jamie Holter, Public Info. Ofc./Comm. Strategist
Bertrand Hauss, Transportation Engineer
Leif Bjorback, Building Official
Jeff Taraday, City Attorney
Scott Passey, City Clerk
The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The
meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Paine 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 participating remotely with the
exception of Council President Fraley-Monillas.
4. APPROVAL OF AGENDA
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO
APPROVE THE AGENDA IN CONTENT AND ORDER.
Councilmember Buckshnis requested Item 6.10, Extension of Interim Chief of Police, be moved to Item
9.2
MOTION CARRIED UNANIMOUSLY.
Edmonds City Council Approved Minutes
July 21, 2020
Page I
5. AUDIENCE COMMENTS (HTTPS://ZOOM.US/S/4257752525)
Mayor Nelson invited participants and described the procedures for audience comments.
Jeffrey Schonbrun, Edmonds, referred to the transportation plan, specifically line items 10 and 16 in the
safety and capacity section of the plan, advising that both are related to improvement for safety and capacity
to intersections on 220"' street. Observing his comments were related to the public hearing, Mayor Nelson
requested he delay his comments until the public hearing on the Transportation Improvement Program,
Item 7.2.
(Written comments submitted to PublicComment@Edmonds.wa.gov are attached)
6. APPROVAL OF THE CONSENT AGENDA ITEMS
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO APPROVE THE CONSENT AGENDA.
Councilmember Olson raised a point of order, whether the Consent Agenda needed to be approved as
amended as an item was removed. City Clerk Scott Passey said the motion can be to approve the Consent
Agenda as the Council was aware an item had been previously removed.
CARRIED UNANIMOUSLY. The agenda items approved are as follows:
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JUNE 23, 2020
2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 14, 2020
3. APPROVAL OF COUNCIL COMMITTEE MEETING MINUTES OF JULY 14, 2020
4. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
5. AUTHORIZATION FOR MAYOR TO SIGN A CONSTRUCTION CONTRACT WITH
FLOW TECHNOLOGIES FOR THE CITYWIDE CIPP SEWER REHAB PHASE II
PROJECT
6. RELEASE OF UTILITY EASEMENT FOR THE WATERFRONT REDEVELOPMENT
PROJECT
7. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH
SCJ FOR THE HIGHWAY 99 REVITALIZATION PROJECT
8. ORDINANCE AMENDING RESIDENTIAL PARKING ZONE REGULATIONS
9. ORDINANCE AMENDING ECC 1.03 RELATED TO POSTING AND PUBLICATION OF
NOTICES -
PUBLIC HEARINGS (HTTP:HZOOM._U_S/S/4257752525)
1. OPTIONAL PUBLIC HEARING: APPROVAL OF SOUND TRANSIT FUNDING
AGREEMENT FOR CITYWIDE BICYCLE IMPROVEMENT PROJECT
Transportation Engineer Bertrand Hauss reviewed:
• Introduction
Edmonds City Council Approved Minutes
July 21, 2020
Page 2
0 2017: Edmonds, Mount Lake Terrace, and Lynnwood added bike lanes throughout the
transportation system (through Bike-2-Health Secured Grant) with focus on north / central part
of Edmonds (— 7 Miles of bike lanes in Edmonds).
0 2019: Sound Transit had a call for projects with the intent to improve active transportation
access to their Sound Transit Stations (MLT Transit Station & Edmonds Station)
o City secured $1.85 Million in grant funding(100% Sound Transit access grant / no local match).
o All stretches identified in 2015 Transportation Plan (adopted by Council in 2015)
o Proposed bike improvements with focus on south side and central part of Edmonds
■ 100"' Ave W / 9"' Ave N
■ Bowdoin Way
• 228" St SW and
■ 80"' Ave W
Project description — Map of citywide bicycle improvements (1 mile, '/z mile, '/4 mile of Edmonds
Transit Center and Mountlake Terrace Transit Center)
o Proposed sharrows
o Proposed bike lane
o Existing sharrows
o Existing bike lane
o Existing bike path
Cross sections
o 100" Ave W from 238" St. SW to north of SR-104
■ Existing conditions with 2 travel lanes in each direction
■ Striping -only proposed section
■ Road diet (one lane in each direction with 2-way left turn lane and bike lanes)
*Sections within signalized intersections (such as SR-104 @100t" Ave W) to be reevaluated
during design phase*
Results from recent/similar conversion along 76"' Ave. W from 220"' to 212t''
o Average daily traffic (ADT)
■ 76"' Ave.: 11,500 vehicles per day
■ 100"' Ave. W (south of SR-104): 9,000 vehicles per day
■ 100"' Ave W (north of SR-104): 5,000 vehicles per day
o Safety improvements for entire transportation system
Bike lanes (cyclist with own facility)
■ Vehicle speed reductions (traffic calming) with more consistent pace (speeding on -going
issues along 100" Ave W)
■ Safer corridor due to reduction of lane changes when going around left turning vehicles
■ No increase in travel time;
Pedestrians improvements => bike lanes provide separation between vehicles and
pedestrians
■ Supports complete streets
Existing cross section along 100" from SR-104 to Walnut St & Bowdoin Way from 100"' to 84"'
o Proposed conditions along 100"' and Bowdoin with bike lanes on both side of street / parking
on one side (parking alternating from one side of street to other)
o Proposed conditions with one travel lane in each direction, a two-way left turn lane and bike
lanes on both sides (with very low parking demand)
Bike accident summary (pre / post Bike-2-Health project)
o (8) Minor injury cyclist collisions between 2012 —2017 (prior to completion of Bike-2-Health
Proj ect)
■ (2) along 212"' St. SW between 72" d Ave. W and 84"' Ave. W
■ (6) Along 76"' Ave. W between 220"' St. SW And OVD
Edmonds City Council Approved Minutes
July 21, 2020
Page 3
— Cyclist hit by vehicle while riding on sidewalk => due to limited sight distance with
fences/vegetation
— Cyclist impact with open door of parked car
— Cyclist going through hit turning vehicle
o (0) Minor injury cyclist collisions between 2017 —2019 (after completion of Bike-2-Health
project)
■ With increase in cyclist activity along those streets
• Bike accidents along proposed stretches between 2015 and 2019
o (4) Bike collisions along 100"' Ave. W stretch and (1) along 228"' St. SW stretch
■ Cyclist hit while riding in sidewalk due to limited sight distance
It Cyclists hit while going through by turning vehicle
■ Parking Study along 100t1i St. SW
o 100"' Ave. S stretch (1.2 mile)
■ Parked cars on east side of street
— 3 (weekday early morning) _> less 5% of total parking stalls
— 6 (weekday mid -afternoon) _> less 5% of total parking stalls
— 6 (weekend morning) =>less 5% of total parking stalls
■ Parked cars on west side of street
— 7 (weekday early morning) _> less 5% of total parking stalls
— 9 (weekday mid -afternoon) _> less 5% of total parking stalls
— 6 (weekend morning) _> less 5% of total parking stalls
+ Parking study along Bowdoin Way
o Bowdoin way stretch (1.1 mile)
■ Parked cars on north side of street
— 12 (weekday early morning)=>less 5% of total parking stalls
— 16 (weekday mid -afternoon)=> less 5% of total parking stalls
— 10 (weekrlav mnrninol => IPQa 50/ of tntnl nark;na ctnllc
■ Parked cars on south side of street
— 5 (weekday early morning)=>less 5% of total parking stalls
— 4 (weekday mid-afternoon)=>less 5% of total parking stalls
— 7 (weekday morning) =>less 5% of total parking stalls
■ Bike Counts Information
o Graph of Total Bike Count Data
■ April 2016, August 2016, June 2017, October 2017, April 2019, July 2019, September
2019, December 2019
76"' Ave W & OVD
■ 9t" Ave S & Walnut St
■ 76t' Ave W & 212"' St SW
o Based on pre -post bike lane installation studies (cities of various sizes), the increase in bike
activity has ranged from 50% to 400%
■ Seattle: generated 400% increase in bike activity following addition of bike lanes along
various corridors several years ago
• Project Schedule
o Design phase
■ Consultant selection process August 2020
■ Start design September 2020
■ Completion of design December 2021
o Construction phase
■ Start of construction April 2022
■ Completion of construction December 2022
Edmonds City Council Approved Minutes
July 21, 2020
Page 4
Note: If ROW phase is needed for roadway widening, construction could be pushed back one
year
• Support from other agencies
o Edmonds Bicycle Advocacy Group (EBAG)
o Cascade Bicycle Advocacy
o City of Shoreline
o City of Lynnwood
o City of Mountlake Terrace
o Community Transit
o Edmonds School District
• Conclusion
o Approval of Sound Transit Agreement
o Q&A/ Public hearing
Councilmember Distelhorst referred to the City of Edmonds Resolution 1389 in support of the Paris Climate
Accord that mentioned adopting policies and programs that promote the long-term goal of greenhouse gas
emission reduction. He asked if multi -modal transportation that does not rely on the burning of fossil fuels
helps to contribute to that goal. Mr. Bertrand answered yes. Councilmember Distelhorst commented on the
environmental benefits of promoting that type of transportation.
Councilmember Buckshnis referred to the parking study on 100"' and less than 5% early morning, and asked
what period of time was studied and how the parameters were defined. Mr. Hauss answered it was done a
couple weeks ago. Councilmember Buckshnis observed that was during COVID. Mr. Hauss explained no
parking study had been done in the past, but when 100"' and Bowdoin were observed many times in the
past, the results of low demand were almost exactly the same. He agreed the count was done during COVID
when a lot of people are at home, especially on the weekends, which is consistent with the counts obtained
on weekdays. He anticipated there would be less cars mid -afternoon on weekdays if the count were done
pre or post COVID.
Councilmember Buckshnis said she was referring to Westgate and 100"' and employee parking in that area
for PCC, QFC, Goodwill and the thrift store. She feared the counts done during COVID were not as accurate
as she has observed parking that exceeds 5%. Goodwill and the thrift store have reopened now. Her biggest
concern was the 100"' /9"' corridor. Mr. Hauss said another parking study will be done during the design
phase to confirm the previous counts. There are alternatives for areas with heavy parking demand, such as
maintaining parking on one side while adding bike lanes.
Councilmember Buckshnis referred to the bike count that showed 140 bicyclists at 9"' & Walnut and asked
what timeframe that represented. Mr. Hauss said the counts were done over a 3 day period mid -week
(Tuesday, Wednesday, Thursday). The counts were done with cameras during the 7-9 a.m. peak hours and
4-6 p.m. peak so 4 hours/day for 3 days for a total of 12 hours. He noted on 76"' Ave W & Olympic View
Drive there were approximately 65 bikes between those 8 hours. Councilmember Buckshnis asked if it
would 65 divided by 3 or about 20 bicyclists/day. Mr. Hauss agreed that would be the number per day, he
was talking about per hour. Public Works Director Phil Williams said the bike counts were for 4 hours/day
but metrics can be applied to expand it and guess what the 24 hour count would be, certainly a great deal
more than 20. He clarified it was not 20 bicycles per day, it was 20 during those 4 hours.
Councilmember L. Johnson asked if there was any information on the COVID influenced changes in biking
and any indication that some of the increase may be more permanent. Mr. Hauss said he did not have any
specific information to share. Councilmember L. Johnson referred to the less than 5% on 100"' Ave & 9"'
Ave, explaining she drove that area numerous times a day prior to COVID and the only time she witnessed
a lot of parking was when there was a large funeral or rally happening around PCC. She asked whether the
Edmonds City Council Approved Minutes
July 21, 2020
Page 5
parking for a larger funeral could be accommodated. Mr. Hauss said the updated parking study will
determine where those high parking demands are. Parking for funerals can occur on cross street north of
the cemetery and there is parking inside the cemetery. The alternatives could retain parking on the west
side of the street in front of the cemetery where there is high parking demand.
Councilmember Paine said she was most concerned about bike safety along 100"' and going across SR-104
which is a very serious intersection. She thanked staff for the response to her email about whether speeds
need to be reduced northbound on 100"', noting drivers fly down the hill next to Firdale Village and keep
traveling at a fast pace into the intersection at SR-104. She thought she saw a 35 mph speed limit sign at
the top of the hill. Drivers also speed up SR-104 after leaving the ferry and do not abide by the speed limits.
She questioned how the safety of any bicyclist could be ensured.
Councilmember Paine said another issue when traveling northbound on 100"' is left turns and driveways.
She has ridden a bike in that area and it is terrifying. She asked whether this was the best design for bicycle
safety. She had similar questions for 76"' Ave W where there are school and hospital zones which should
be 20 mph but aren't. One of her biggest questions was whether this design was the best for bicyclist safety.
Mr. Williams responded it has not yet been designed; there is a basic concept of a road diet with a three
lane section, but that can be adjusted in areas with more intense development and greater parking needs and
the designers will do their best to accommodate that during design. With regard to left turns and driveways,
that is exactly the situation that will be addressed with the 3-lane section. The current configuration and
people making left turns, even without bicycles, is dangerous for vehicles and pedestrians. When a driver
on the inside lane stops to make a left turn, there are a lot of rear -end accidents and drivers making
aggressive movements at the last minute to avoid the vehicle stopped for a left turn which creates other
types of accidents and dangers. The three lane road diet is ideal in a circumstance where there are a lot of
driveways or other access points in a commercial area. With regard to speed, he believed the speed limit
was 30 mph on that stretch although that doesn't mean people do not travel 35 moll. That is the same posted
speed limit on 76"` where there was a road diet which has gotten rave reviews.
Councilmember Paine said her greatest concern was a car versus car left turn accident which is very
different from car versus bicyclist. She anticipated there will be parking impacts particularly on 100"'
because that parking is intermittently very well used on Veterans Day, Memorial Day, etc. at the cemetery.
She used to live on 14"' Street SW, one street away from the cemetery, and her street was sometimes packed
with parking. The cemetery is a well -loved spot on particular occasions and all of its uses would never be
captured in a parking study snapshot. Mr. Williams agreed there are events that happen a few times a year
that create additional parking need; it is perfectly legal for bicycles to be in the travel lane. The goal is to
put in the best design that provides the most safety most of the time. He agreed there were times when it
may be less safe, but that was the balance in designing transportation infrastructure; you cannot design for
the worst possible case, otherwise roads would be twice as wide.
Councilmember Paine asked if consideration would be given to slowing driver speeds on SR-104. Mr.
Williams agreed drivers leaving the ferry are usually in a hurry. There is a signal at SR-104 & 100"' and
similar to cross -traffic vehicles, bicyclist wait until their dedicated phase to cross at which point the traffic
on SR-104 is stopped. Mr. Hauss said another benefit of the 2-way left turn lane is currently vehicles have
to cross 2 lanes of traffic in the opposing direction, with a 2-way left turn lane, drivers only have to cross
one lane. Councilmember Paine pointed out drivers would also have to cross the bike lane. Mr. Hauss said
currently left -turning vehicles have watch for traffic in 2 lanes plus watch for bikes; with the 2-way left
turn lane, they only have to watch for one vehicle and one bike. Councilmember Paine offered there was
increased risk for bicyclists because they may not see a turning car and it could be challenging for someone
unaware that there is a bike lane.
Edmonds City Council Approved Minutes
July 21, 2020
Page 6
Councilmember Olson added her concern to others about the timing of the parking study and ensuring prior
to design, that additional parking studies are conducted that better reflect a more normal scenario. She
pointed out there is a lot of conversation about increasing residential density and one of ways being
considered is potentially changing the zoning and allowing detached ADUs. The City already allows ADUs
but they may become more popular and with ADUs come more drivers and more cars. She suggested the
plans for parking may need to be adjusted to include future residential density instead of current densities.
She added her concern about parking in the PCC/QFC area, commenting the need for parking in that area
is not unusual; rallies have been a daily occurrence lately. She recommended parking in that vicinity be
preserved.
Councilmember Olson directed citizens' attention to the slide with the time of the commute and the
indication that it was unchanged. Most drivers are interested in whether they can get to their destination in
more or less the same amount of time that it took before; if the answer is yes and there is potential for more
people commuting in a more environmentally friendly way, that is a total win. She was excited about the
information in the packet about improved safety in this stretch with these changes. Previously she did not
think it would be a win, but she did now with the reservations she stated. She thanked staff for the packet
and the email/phone conversations she has had with them.
Councilmember K. Johnson expressed support for this project which is very complimentary to the Complete
Streets Program. As part of Transportation element of Comprehensive Plan, implementation is very difficult
so it is good have funding from Sound Transit. She lives in this neighborhood and travels it daily; there is
sufficient right-of-way for these projects on both 100"' and Bowdoin Way and she has observed little
parking other than that congregated toward the shopping areas. In her observation, some people park there
all day because they taking the bus or are working and perhaps other parking options need to be considered
to address those needs.
Councilmember Buckshnis asked if instead of 100"' consideration had been given to 95"' which is less busy.
Similar to Councilmembers Paine and Olson, she was worried about the Westgate area. Mr. Hauss answered
a bicycle using the existing bike lanes on 220"' and then southbound on 95"', would be stuck at SR-104 and
would have to use sidewalks to continue south because 95"' & SR-104 is a T-intersection. The main intent
of this project is to connect to the south end of the City. Councilmember Buckshnis agreed with
Councilmember L. Johnson about support for this project because it is good for the community. Her issue
was 13 parking spaces were removed near 5 Corners and she has only heard complaints, there has not been
an increase in bicyclists, and parking is difficult for people eating in that area. She urged caution about
removing parking in congested areas such as Westgate.
Mayor Nelson opened the public participation portion of the public hearing and described the procedures
for participating.
Mike DeLilla, Seattle, Utilities Engineer for the City, said he lives in north Seattle and has worked for the
City for nearly ten years. He is an avid biker and bikes from Seattle to work in Edmonds 1-2 times a week
March through October. During that ten years, he has seen the network grow, but the only place that does
not have bike lanes is Edmonds, specifically the Firdale/100"' stretch. He still rides in that area but in many
ways it is the most dangerous stretch because a lot of cars try to muscle their way in and as a cyclist, he is
trying to be responsible and stay on the right side. Another issue with riding on 100"', cyclists ride on the
side where the parking is but every once in a while when encountering a parked car, it is like a game of
chicken to get around a parked car before the car behind slows or does something funny which can be
disconcerting to a cyclist. Bicyclist who use sidewalks tend to be ,younger kids who are afraid of biking on
the roads and he did not blame them. He does not bike in the wintertime because of the dark and a bike
needs to be lit up like a Christmas tree for drivers to see them. Having a bike lane would go a long way
toward making bicyclists feel safer.
Edmonds City Council Approved Minutes
July 21, 2020
Page 7
Michelle Dotsch, Edmonds, referred to her previous written comments expressing concern with the major
restructuring of 9"' Ave W and 100"' Ave W for the addition of dedicated bike lanes to promote riders to
use Sound Transit stations at Aurora Village and Mountlake Terrace. Because this was one of the only main
arterials to get through Edmonds efficiently north and south for residential, recreation and shopping
commercial purposes, she was concerned this project may impede ease of access on that arterial in the
future. Removing a full lane of traffic to turn in and come out will back up cars going to single family and
multi -family residential, retail, restaurants, and multiple schools. She also expressed concern with
potentially removing parking from both sides of 9' Avenue from Walnut to Westgate. Dedicated bike lane
projects like this in Seattle have had major neighborhood and business blowback after being installed with
almost no public input, resulting in more money to restore sections to their previous configuration. It is
vitally important to allow for a comprehensive discussion with the true stakeholders from the public and
businesses most affected by this project in a much more formal, open and inclusive public engagement
project.
Ms. Dotsch said another issue she has with the project is that certain known data should have been shown
publicly to Council and the community so they can make an educated decision on whether and how to spend
valuable and limited City resources. She previously provided Council with counts she obtained via a public
records request of results before and after bicycle lanes were completed on 76"' and 212'11 with actual
datapoint comparisons. In 2016 before the dedicated bike lanes were added there were three days of bike
counts on 76"' westbound that averaged 5 bicycles a day. The same location with 3 days of bicycle counts
in 2019 after the dedicated bike lanes were completed found an average of 6 bicycles a day. The same 3
day comparison in 2016 with no bike lane to 2019 with a dedicated bike lane on 212"' west bound showed
an average of 1.3 bicyclists in 2016 and 2 in 2019. On 76"' Ave W northbound, the count in 2016 was an
average of 2.6 bicycles and in 2019 with the dedicated bike lane, the average was only 2 bicycles/day. On
212"' eastbound, the count was an average of 3.3 bicyclists a day in 2016 and an average of 2.3 bicyclist in
2019 with a dedicated bike lane. This is critical data to include for this tvve of maior proiect that has been
previously completed to fully understand whether it achieved the desired outcome before starting a similar
project. She indicated she had much more to say and would be happy to speak with anyone interested in
following up on the topic.
Peter Hallson, Edmonds Bicycle Advocacy Group, said the group has been involved in this process since
the beginning. When Bike-2-Health first started, it was planned, engineered and developed as a bicycle
project to improve health, wellness choices and make bicycling safer as well as to connect riders to
important destinations in Edmonds and South Snohomish County using wayfinding signs marked Bike-2-
Health. The signs' express purpose is to allow people to feel comfortable riding a bike instead of driving.
They see the current proposed improvement plan as a continuation of the Bike-2-Health goals with an
emphasis on bicycle safety, building rider confidence and connecting bicyclist to the headways in a safe
manner using bike lanes and sharrows. Making bicycle riding safer overcomes a major hurdle for many
new cyclists and whatever can be done to improve the potential for safe riding on roads will enhance and
increase the number of people who ride. The way of future is many new riders will show up which is being
seen now; the trend of bicycle purchases and the number of bikes in Edmonds has increased significantly
in the last few months and probably will continue as people find cycling a good way to get around. This is
a very important project which will improve overall safety, give riders more confidence, use of the Bike-2-
Health routes will increase and riders will enjoy a good ride knowing they have safe routes to follow with
bike lanes, sharrows and wayfinding signs. More bikes on the road results in improved safety and fewer
cars on the road. The Edmonds Bicycle Advocacy Group recommends the Citywide Bicycle Improvement
Project proceed as planned.
Steve Kaiser, Edmonds, said his comments are similar to Mr. Hallson's. He cited recent articles that
indicate because of the coronavirus bike sales are up 100-300% depending on the category of bike. There
Edmonds City Council Approved Minutes
July 21, 2020
Page 8
is much more interest in biking and he envisioned a rising tide effect due to the number of people who have
purchased bikes in the past 4-5 months. To get ahead of the curve, it makes sense to prepare and have more
bike lanes available. Bike safety is the number one concern, people are afraid to mix in with cars which is
the number one reason people do not ride their bikes on the streets. He supported the plan and was
encouraged by the active interest illustrated by the questions posed and looked forward to the project
progressing.
Hearing no further public comment, Mayor Nelson closed the optional public hearing.
Councilmember Buckshnis thanked everyone that commented. Her issue is a parking study done during
COVID was not realistic to what is going on. She did not have a problem with any of the areas other than
Westgate and preferred to consider alternatives for that area. She questioned whether Edmonds is a bicycle
city; she sees more people walking and running and she would rather spend money on sidewalks. She lives
on Olympic View Drive and she has not seen an increase in bicycles on that main street. She referred to the
adage, if we build it they will come, stating she did not know if that will happen. She recalled Portland's
former Mayor Sam Adams who put in bicycle amenities and it floundered, even in an area like Portland
that is known for bicycling. She was in support of this but was concerned about the Westgate area.
Councilmember Olson was curious why the numbers shared by Michelle Dotsch that she received via a
public records request regarding bicycle usage before and after the project on 76"' were different than the
presentation. Mr. Williams said he did not know off the top of his head, but those numbers sounded really
low and he did not think they were number of bicyclists per day, but could be during a peak hour or
something similar. He suggested Ms. Dotsch submit that information so staff can ensure it comports with
the information in the presentation.
Councilmember Olson said she was not familiar with term sharrows but after looking it up, she saw the
difference between a sharrow and a bike lane. She asked the advantageous/disadvantage of one or the other
and did the City have option of either one with the funding that has been provided. Mr. Hauss explained
with a sharrow, a bike is in the lane with vehicles; it is a pavement marking that tells the biker where they
should be in the travel lane that's shared with vehicle versus a bike lane where a bicyclist has their own
lane that is not shared with vehicles. Mr. Williams explained sharrows are done when there is not the room
or the money for another option. The sharrow symbol reminds drivers that they will see bicyclist on that
route and should see them where the sharrow markers are located.
Councilmember Distelhorst thanked the public for their comments and echoed the points about safety. He
has ridden all these streets and intersections in the last couple weeks and especially around 100"', 9"', Firdale,
SR-104, it is not a great area to ride. Bikes are in two lanes of traffic and crossing five lanes of traffic at
SR-104 unprotected as a cyclist. Pedestrians on a sidewalk have their own separated, safe space so that is
not a great comparison to a cyclist riding among pickup trucks, large box trucks and cars. In areas where
there are no sidewalks, pedestrians are dodging cars which is the same thing for cyclists riding on arterials.
Maintaining parking as well as accommodating safer cycling and driving and hopefully reducing speed
limits with narrower roads ticks all boxes and will be a great solution for this area.
Councilmember Paine expressed appreciation for all the work everyone has done on this. She agreed
Complete Streets was a great thing to do and suggested adding to bike lanes to Complete Streets. She has
family members who bike in this area, including one who was injured at SR-104 & 100"' which is a very
dangerous area. She summarized car versus bike is a terrible thing to happen or contemplate so that was her
main concern.
Councilmember L. Johnson said she has noticed when driving north on 100"' Ave vehicles turning into the
former Woodway High School campus or into neighborhoods block traffic and every once in a while a car
Edmonds City Council Approved Minutes
July 21, 2020
Page 9
will decide to zoom around. As someone who recently taught two young drivers, that stands out as
something that has been very challenging. A dedicated turn lane would be a visual reminder as well as a
safer area for drivers in addition to the bike improvements was appealing to her and she supported studying
how that could work in other areas as well.
Councilmember Buckshnis commented because of how this Zoom optional public hearing went, she
suggested this go back to the administration as she felt there needed to be more public engagement such as
an open house where people have more than three minutes to speak. She did not have a problem with areas
other than Westgate. She also suggested obtaining the data Ms. Dotsch provided and have a professional
parking study done "when it is not COVID." She volunteers at the senior center thrift store and volunteers
park along 1001". That area is busy and she would like to have more data before making a decision.
Mayor Nelson asked if staff expected the Council to take action tonight. Mr. Williams answered after the
public hearing, it would be helpful to have some indication of how the Council wanted to proceed. The
Council could take action tonight or put it on next week's Consent Agenda if additional research was
desired.
Councilmember K. Johnson recalled Mr. Hauss stating that parking studies would be part of the design
phase. Mr. Hauss agreed a more detailed study would be done on both corridors during the design phase to
determine where there is high parking demand. Scenarios would include when there are ceremonies and
funerals at the cemetery. Mr. Williams said it was unknown when COVID will be over and when there will
be more rallies, huge funerals, etc. The available data suggests less than 5% of the available parking spaces
on 100"' are occupied. The problem in the first few 100 feet north of Westgate Village and he was certain
that parking would remain. Staff is committing to designing around that using one of the three options
described for that short section of this long stretch. The parking is not heavy virtually anywhere else in that
stretch. He said that did not mean that the City wouldn't hear from people who like the option to park in
front of their house, but almost all the houses have onsite parking.
With regard to increasing densities, Mr. Williams said new development requires a certain amount of
parking including an ADU. This $l .85 million project is funded by Sound Transit because they see benefit
in it, it is not local funds. If things changed in the future to make this ill-advised, it is primarily a painting
project, re -striping the street throughout the length as well as some possibly some physical modifications
at 220"' and Westgate. He would like to have the Council take action tonight if possible.
Councilmember Buckshnis said just because Sound Transit is paying for it doesn't mean that it's right. Mr.
Williams assured that was not what he said.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
APPROVE THIS, BUT WOULD LIKE TO REMOVE THE 100T" STREET SW/9T" AVENUE S
FROM WALNUT STREET TO 244TH STREET SW BECAUSE I BELIEVE THAT NEEDS TO
HAVE FURTHER STUDY.
Councilmember Buckshnis explained with her motion, three could go forward and the fourth needed to
have a public open -house, engaging employees from PCC, the -thrift store, Goodwill, QFC, residents, etc.
such as was done pre-COVID. Mr. Williams pointed out the current situation is COVID, no pre-COVID.
Councilmember K. Johnson reminded that it is the Council's tradition and procedure not to take a vote
immediately after a public hearing but take the time to listen and consider comments and make a decision
at the next meeting.
Councilmember Paine said she would be more comfortable with proceeding as Councilmember K. Johnson
stated.
Edmonds City Council Approved Minutes
July 21, 2020
Page 10
COUNCILMEMBER BUCKSHNIS WITHDREW THE MOTION.
Councilmember Olson echoed Councilmember K. Johnson's suggestion, preferring to wait a week and have
it on the Consent Agenda where a Councilmember could pull it or have it as an action item next week.
Councilmember Distelhorst agreed with having it on the Consent Agenda next week.
COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER K.
JOHNSON, TO PUT APPROVAL OF SOUND TRANSIT FUNDING AGREEMENT FOR
CITYWIDE BICYCLE IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO
SIGN THE SYSTEM ACCESS PROJECT MANAGEMENT AGREEMENT ON THE EDMONDS
CITY COUNCIL CONSENT AGENDA FOR JULY 28, 2020.
Councilmember Buckshnis said she will vote against the motion, preferring to have it as an action item and
to get clarity from people especially in the 5 Corners areas, and because the Council President is not here
tonight. She preferred to have another thorough discussion and look into it more completely.
Councilmember Olson said she was okay either way; she preferred it be an action item because there seems
to be things the Council wants the administration or stakeholders to provide prior to the vote. It if was on
the Consent Agenda, it could be pulled. It would also be helpful during the next week for Public Works to
get input from people in the Westgate area.
Councilmember K. Johnson supported having it as an action item.
COUNCILMEMBER DISTELHORST MOVED, SECONDED COUNCILMEMBER K. JOHNSON,
TO AMEND THE MOTION TO HAVE IT AS ACTION ITEM ON JULY 28, 2020 AS OPPOSED TO
CONSENT.
AMENDMENT CARRIED UNANIMOUSLY.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
2. PUBLIC HEARING ON THE 2021-2026 SIX -YEAR TRANSPORTATION
IMPROVEMENT PROGRAM
Transportation Engineer Bertrand Hauss reviewed:
• Introduction
o Revised Code of Washington (RCW) requires that each city update their TIP by July 1st
(however, delayed this year due to COVID-19 and no public hearing could be scheduled until
now)
o Document contains all significant transportation projects that a City possibly plans to undertake
in the next six years.
o City of Edmonds policy: TIP financially constrained first (3) years
o Federal Grants, State Grants, and Local funds are programmed as revenue source for TIP
projects.
Construction -Projects in 2020
• Annual Street Preservation Project (Project #1)
o Project Details
■ — 4 lane miles of variable depth overlay along local streets throughout the City
■ (2) curb ramps upgrades (completed by City crews)
o Schedule
■ May 2020 through July 2020
Edmonds City Council Approved Minutes
July 21, 2020
Page 11
o Funding
■ Local funds $1.2 Million
Utility Funds $55,000
■ 84"' Ave W Overlay (Project #3)
o Project Description
■ 2" overlay of 84th Ave. W from 220th St. SW to 212th St. SW
■ Curb ramp upgrades
a Addition of Rectangular Rapid Flashing Beacons (RRFBs) at existing crosswalk near
Chase Lake Elementary School
■ Stormwater upgrades
o Schedule
0 Construction completed (summer 2020)
o Funding
• STP Grant $690,000
■ REET $156,000
■ Utility funds $575,000
• Dayton St. Walkway from 7"' Ave. S to 8"' Ave. S (Project #26 in 2020-2025 TIP)
o Project Description
■ Complete missing sidewalk links (— 250' new sidewalk)
■ Curb ramp upgrades with bulb outs (Dayton St. @ 8"' Ave. S)
■ Incorporate into Dayton St. Utility Improvements project (from 3rdAve. S to 9thAve. S)
■ Priority Project #1 in Short Walkway List from 2015 Transportation Update
o Schedule
■ Construction recently completed
o Funding
■ Complete Streets Program (TIB)—$185,000
■ Walmit Ct Wnunw from 2rwl Aya C to dth e ;,e c (Pr ;Aof TIP)
o Project Description
Complete missing sidewalk links 150' new sidewalk)
■ Priority Project #3 in Short Walkway List from 2015 Transportation Plan
o Schedule
■ Construction Summer 2020 (completed by PW Concrete Crew)
o Funding
■ Complete Streets Program (TIB)—$65,000 (100% grant funds)
■ Admiral Way Crosswalk
o Project Description
■ Install mid -block crosswalk along Admiral Way with RRFB's to increase pedestrian safety
o Schedule
■ Construction completed (early 2020)
o Funding
■ Port of Edmonds $19,000
■ Local Funds $19,000
• Adaptive System along 220"' St. SW
o Project Description
■ Traffic signal coordination along 220thSt. SW from 1-5 off -ramp to 76"' Ave. W to reduce
congestion and improve traffic flow along busy Mountlake Terrace / Edmonds corridor (�
1 mile)
o Schedule
Construction Summer / Fall 2020
o Funding
■ HSIP (Federal Grant) $105,000 (90% grant funded)
Edmonds City Council Approved Minutes
July 21, 2020
Page 12
Citywide Signal Improvements (Project #4)
o Project Description
■ Install Flashing Yellow Arrow for EB and WB movements at SR-104 @ 226th St. SW to
improve intersection delay and safety
o Schedule
= Construction Summer 2020
o Funding
■ Local funds -$10'000
Scheduled Construction projects 2021 / 2022)
• Citywide Pedestrian Crossing Enhancements (Project #23)
o Project Description
■ Complete Citywide pedestrian crossing enhancements at (9) locations, with the following:
- Rapid Rectangular Flashing Beacons (RRFB's) at (7) intersections
- HAWK signal (SR-524 @ 84thAve. W)
- Fully actuated traffic signal (SR-104 @ 232ndSt. SW)
o Schedule
• Design -Spring 2018-July 2020
• ROW Spring 2019 -April 2020
• Construction Spring 2021 - Fall 2021
o Funding
• Federal Grant (Safe Routes to School Program) $1,490,000
• Local funds (approved as part Of 2019 Budget) $429,000
• Utility funds $50,000
Citywide Bicycle Improvements project (Project #42)
o Project Description
• Install bike lanes along key corridors
- 100"' Ave. W / 9th Ave. S from 238"' St. SW to Walnut St.;
- Bowdoin Way from 9"' Ave. S to 84"' Ave. W; and
- 228"' St. SW from 78" Ave. to 80t" Ave. W.
o Schedule
• Design 2020/2021
■ ROW (if needed) 2021
• Construction 2022
o Funding
a Sound Transit Access grant $1.85 million (100% funds)
Downtown Lighting Improvements
o Project Description
Install Lighting Improvements within proximity to Sound Transit Station (such as Dayton
St from Admiral Way to SR-104.
o Schedule
• Design 2021-2022
■ Construction TBD
o Funding
■ Sound Transit grant (as part of ST-3) $1.5 million
Other projects in 2021-202.6 TIP
■ Corridor Improvements
0 228"' St. SW from Highway 99 to 95"' P1. W (Project #11) 2021-2024
o SR-99 Rev italization(Initial project / Project #8) 2020-2023
o SR-99 Revitalization/Gateway (Project #9) 2024-2026
Pavement Preservation
o Annual Street Preservation (Project #1) 2021-2026
Edmonds City Council Approved Minutes
July 21, 2020
Page 13
o 76"' Ave. W from 196"' St. SW to Olympic View Dr (Project #2)
2021-2022
Signal Upgrades
o Puget Dr @OVD (Project #5)
2024-2025
0 238"' St. SW @ 100"' Ave. W (Project #6)
2024-2025
o Main St. @ 3Td Ave (Project 47)
2025-2026
Intersection Improvements
0 76th Ave. W @ 220th St. SW (Project #10)
2021-2025
0 196th St. SW @ 88th Ave. W (Project #12)
2024-2026
o Main St. @ 9th Ave. (Project #13)
2024-2025
o SR-104 @ 95th Pl. W (Project 420)
2024-2025
o SR-104 @ 238th St. SW (Project #21)
2024-2025
Active Transportation Projects
o Sunset Ave. (Project #22)
2024-2025
0 4thAve. Corridor Enhancement Walkway (Project #36)
2021-2025
o SR-104 @ 76thAve. W Non -Motorized Transp. Impr. (Project #38)
2024-2025
o SR-104 / Pine St. Sidewalk (Project 441)
2021-2023
o Walkway projects within proximity to schools / parks
■ Maplewood Dr. Walkway(Project #25)
2024-2026
Elm Way Walkway (Project 426)
2025-2026
80t" Ave. Walkway from 212nd St. SW to 206"' St. SW (Proj. #27)
2024-2026
• 80" Ave. W Walkway from 188"' St to Olympic View Dr. (Proj. #28)
2024-2025
JUlrltrlal-01. I-M III lY Sit❑ln11Eea
trims orialion
grants spice
Iasi 1 I
Project Name
Grant
Phase
Amount
Total
Secured/
Not
Sponsor
Program
Requested
Project
Tentative
Secured/
Response
Cost
TBD
Citywide Bicycle
Sound
Design/
$1,850,000
$1,850,000
Secured
Nov `19
Improvements
Transit
Construction
SR-1041TR Rvctemc
(MA(l
nP�ion
0')R 7 nnn
W
� tin nnn
TA .�.,.,o
r,o �n
De 2„
Federal
Main St Overlay from 61h
STP Federal
Design/
$750,000
$937,500
Tentative
Dec `20
to 81h
Construction
76" Ave W @ 2201h St
STP Federal
ROW
$543,000
$8,000,000
Tentative
Dec `20
SW Intersection
Improvements
Hwy 99 Revitalization
STP Federal
Design
$2,248,000
$23,552,000
Not
Dec `20
from 22011 to 2241h St SW
Secured
Hw.y 99 Raised Median)
HSIP
Construction
$2,000,000
$8,150.000
TBD
Dec `20
DT Lighting
Sound
Design/
$1,500,000
$1,500,000
Tentative
Aug `20
Transit ST3
Construction
228" St SW Corridor from
Sound
Design/
$14,700,000
$14,700,000
Tentative
Aug `20
Hwy 99 to 9511 PI W
Transit ST3
Construction
Pine/SR-104 Walkway
Sound
Design/
$3,000,000
$3,000,000
Tentative
Aug `20
Transit ST3
Construction
236" St SW Walkway I
Ped. &
Design/
$868,000
$1,737,000
TBD
July `21
from Hwy 99 to 761h Ave
Bicycle
Construction
W
Program
Maplewood Dr from Main
Ped. &
Design/
$1,073,000
$2,500,000
TBD
July `21
St to 20011, St SW
Bicycle
Construction
Program
Elm Way from Bch Ave to
Safe Routes
Design/
$637,000
$830,000
TBD
July `21
9th Ave
to Schools
Construction
80" Ave W from 2121h St
Safe Routes
Design/
$1,519,000
$2,692,000
TBD
July `21
SW to 21611 St SW
to Schools
Construction
TOTAL
$31011,000
$71,622;000
• Total grant amount secured/tentative = $22,630,000
• Staff recommendation: City Council approve TIP
Edmonds City Council Approved Minutes
July 21, 2020
Page 14
Councilmember Olson was excited about the adaptive system at 220"' & Highway 99. She was also happy
to see Elm Way #26, installing sidewalks in that crazy dangerous place. She was disappointed the TIP did
not include any street lighting in Lake Ballinger which is a very overdue need. She asked staff to weigh in
on that including whether it could be added to the seventh year. She asked whether Public Works keeps
track of where they have placed markers and sandbags in places with street damage. She recalled a side
street off 76"' north of 171St where residents indicated while she was doorbelling that they had had sandbags
and markers on a broken part of their street for years. She asked whether that was part of the street
maintenance plan and how repairs are prioritized. Mr. Williams asked if it was on 175"', noting that street
is in pretty poor condition at the lower end. Councilmember Olson answered possibly; it looked like a
landslide under the pavement and the pavement collapsed.
With regard to lighting in Lake Ballinger, Mr. Hauss said he had not heard of that before. Councilmember
Olson answered there are no overhead street lights, it is total dark at night. Mr. Hauss said he will investigate
whether there is a quick solution such as overhead utility lines on PUD poles where streetlights could be
added. Councilmember Olson said the residents would really appreciate it.
Councilmember Buckshnis thanked Mr. Hauss for the wonderful presentation and for applying for and
obtaining grants. She was concerned with the ST3 funds, there was nothing about a boutique parking
structure or a parking lot. The program includes $1.5 million for street lighting and she asked if that would
include 5G, noting $1.5 million sounds like a tremendous amount of money. Mr. Hauss asked her to repeat
her first question. Councilmember Buckshnis said she thought the ST3 money was for parking so people
will take Sound Transit. She has had to drive downtown because she was unable to find parking after 6:30
a.m. Mr. Hauss answered parking alternatives are being consider including an existing underutilized 40-50
stall parking lot northeast of the Sound Transit station as well as a couple other parking lots. Councilmember
Buckshnis said people will not take the train if they cannot find parking. She questioned why a boutique
parking lot would not work, recalling Sound Transit said it was too expensive, and pointing out it wasn't
any more expensive than the $18.2 million for walkways and lighting.
Councilmember Buckshnis said she was unaware that ST3 money could be used for sidewalks. Mr. Hauss
answered it is mostly sidewalks and parking. The intent of the ST3 package is to improve access to any
mode of transportation including access to Sound Transit stations. Mukilteo has a couple of bike projects.
In Edmonds, 228"' between Highway 99 and 95"' is the only one that includes bike lanes as part of this
program. Mr. Williams said the 3 projects in Edmonds out of a total of 15 projects and a similar amount on
Mukilteo's list will consume the $40 million, the 3 in Edmonds are either potential purchase or lease of the
property Mr. Hauss outlined and 2 other potential lease opportunities for parking; there is no structured
parking on the project list for Edmonds or Mukilteo.
Councilmember Buckshnis asked if structured parking meant boutique parking. Mr. Williams answered it
means a parking structure. Councilmember Buckshnis asked why structured parking was not proposed. Mr.
Williams assumed it was not seen as the most cost effective option for providing parking for the facility.
Councilmember Buckshnis asked whether the City could persuade them differently. Mr. Williams answered
the City has not necessarily tried; he did not recall Council voting to put structured parking for Sound
Transit on the project list. Most of the projects would be led locally but Sound Transit is paying for them.
Councilmember Buckshnis said the listed projects are new and Council has not approved them in the past.
She recalled discussing structured parking but never getting an answer regarding why it was not considered.
There is real estate at the Port where structured parking could easily be built.
Councilmember Paine asked how a pedestrian project such as a sidewalk gets onto this list. There are
sidewalk improvements desperately needed on 5"' Avenue, particularly the NW corner between 5"' and
Walnut where the sidewalks have been lifted by tree roots. She recalled tripping, falling and breaking bones
Edmonds City Council Approved Minutes
July 21, 2020
Page 15
there two years ago. Mr. Williams answered that would be maintenance of an existing sidewalk. Most of
the projects in the CIP are missing pieces of sidewalks or sections of new sidewalk. The concrete crew is
addressing maintenance projects and have a long list of repairs. The crew has also constructed some new
sidewalks as well. There is a lot to do and not much time and the COVID situation has not helped this year.
Mr. Hauss said that area can be added to the list of maintenance projects and they can potentially address
the issue when they have an opportunity. Mr. Williams said he will point it out to them. He explained staff
physically walks the sidewalk system every year with a tablet and marks all the locations, converts it into
GIS, marks the trip hazards with paint, and hires a concrete grinding company to grind lifts. Most of the
lifts can be ground down but really bad ones may require replacement of a panel. The City spends $25,000-
30,000 year to grind down most of the lifts.
Councilmember Distelhorst thanked Mr. Hauss for his presentation and focus on the Complete Streets
ordinance to identify projects for pedestrians, bikes, and vehicles. He also appreciated the work the
department has done securing grant funds which shows the need for transportation projects in Edmonds and
that staff is doing quality, competitive work to receive grants. Since parking structures aren't on the TIP,
he will save his 2000 word parking garage manifesto email for a separate meeting. Sound Transit has
implemented several options to alleviate parking at the station including signing a lease with the United
Methodist Church so there is direct, 2-minute bus service from that parking lot to the Edmonds station. He
expressed interest in considering during design whether the widening projects on 216"' and 212"' projects
could include east -west bike connectivity as there are bike lanes in Edmonds and in Lynnwood on 212'11
and he worried about safety riding across a wider intersection to connect to the Interurban. Mr. Hauss agreed
that is a great connection, noting the high cost of that intersection. It is actually a Lynnwood intersection so
the cities will need to work together to submit a grant application in the future.
Councilmember Olson relayed she knows a citizen who owns property in the downtown core who is
interested in a private/public partnership developing it with a parking below and a condo above. She asked
who they should talk to. Mr. Williams answered staff is always willing to talk to people about those ideas;
he suggested starting with Public Works and they could pull in planning and others.
Mayor Nelson opened the public participation portion of the public hearing.
Jeffrey Schonbrun, Edmonds, referred to Items 10 and 16, improvements the intersections of 76"' & 220t"
and Highway 99 & 220' as well as ST3 improvements, pointing out the plan is missing any improvements
to the intersection of 84t" Avenue & 220"'. That intersection receives a lot of the traffic to/from the freeway
and what will be the new light rail station and is a mess every day. He has lived up the street from 84"' for
40 years and has seen the evolution of 84"' & 220"'. Although not quite as bad during COVID, buses going
to Chase Lake Elementary School back up the light for multiple cycles because there is no left turn signal
and traffic in the other direction on 84' also backs up. It has also become a safety issue for pedestrians and
bicyclists as well as vehicles because people try to cut across the intersection ahead of oncoming traffic and
quite often there are close calls with pedestrians or bicycles crossing the street. There have also been a
number of accidents at that intersection with cars turning left not yielding the right-of-way to oncoming
traffic on 84t" as well as 220"'. He requested funding be taken away from other projects or looking into what
could be done to improve the situation before serious accidents or death occur there as well as to improve
traffic flow. He commented sometimes it is nearly impossible to get out of his driveway due to the oncoming
and backed -up traffic.
Hearing no further public comment, Mayor Nelson closed the public hearing.
Councilmember Buckshnis asked if staff had a response to the citizen comment about adding 84"' & 220"'
to the list. Mr. Williams encouraged Mr. Schonbrun to send staff an email and/or talk to staff in more detail
Edmonds City Council Approved Minutes
July 21, 2020
Page 16
about what he has observed over the years. Staff could consider it and report to Council. Mr. Schonbrun
said he would be happy to do that.
Councilmember Buckshnis recognized there was a July 1st approval deadline and asked if it could wait a
week or did the Council need to approve it tonight. Mr. Hauss answered the sooner the better; if Council
had items staff needed to respond to, it could wait until next week, but if not, Council could take action
tonight. Councilmember Buckshnis preferred to wait as she would like to learn more as about the inquiry
regarding 84"' & 220t"
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON TO
HAVE THE TRANSPORTATION IMPROVEMENT PROGRAM MOVED TO THE ACTION
CALENDAR FOR NEXT WEEK.
Councilmember Olson remarked there may be a chance the 84"' issue will be resolved by the change at
220". She asked Mr. Schonbrun whether he thought that would help. Mr. Schonbrun said it probably would
make things even worse by causing more traffic to back up at the intersection and he did not believe it was
synchronized with the light at 7611' & 220"' or the light at 100"' where it can be a challenge to get through
that intersection. Mayor Nelson reminded the public hearing was closed. He encouraged the public to email
all Councilmembers at Council@edmondswa.gov or email individual Councilmembers.
MOTION CARRIED UNANIMOUSLY.
8. REPORTS
1. DEVELOPMENT ACTIVITIES UPDATE
Development Services Director Shane Hope reviewed:
Customer service at counter, intake appointments
• COVID Response
o COVID Impacts to permitting
* Prior to COVID, permitting activities were managed primarily in person and in paper
format
■ Within weeks, staff converted to an electronic system and refined that system in the
following months
■ All permitting is now online
- City Hall closes to public
- Staff starts telecommuting
- Permitting continues - applications, plan review, permit issuance, customer service
- Inspection procedures modified frequently due to construction restrictions
- City website continually updated to assi9t customers
- City ordinance extends permit expirations by 120 days
- 3% credit card fee suspended for all permit transactions
o Virtual Meetings
■ Coordination meetings amongst staff
■ Development Review Committee meetings with public
o COVID Impacts to Construction
■ March 23`d Governor declares shutdown of all non -essential business, including
construction projects
April 24"' Phase 1 allows restart of projects previously shutdown, along with essential
projects
June 5"' Phase 2 allows newly permitted projects to start
■ COVID safety plans required on all job sites
Edmonds City Council Approved Minutes
July 21, 2020
Page 17
+ Online submittals
o MyBuildingPermit
■ One -stop portal for development service applications, inspection scheduling, permit status
information, and tip sheets for government agencies
■ Site visits to local businesses
o COVID 19 assistance
It 120 site visits completed — retail, restaurants, personal services
• Permit Activity
o Graph of permit history comparing total Development Services revenue to number of building
permits 1985-2019
• Permits Reviewed by Development Services 2018 vs. 2019
Type of Permit
2018
# Issued
2019
# Issued
2018
Valuation
1 2019
Valuation
New
Single Family
57
26
$21 063,845
$11,692,071
Duplex
2 4 units
1 2 units
$935,029
$131.,125
Apartment/Condo
1 4 units)
4 (26 units)
$402,926
$3,343,502
Commercial
1
0
$2,619,780
0
Mixed Use
(Office/condo)
0
0
0
0
Additions/Alterations
Sin. le Family
143
154
$9,088,843
$9,851,167
Apartment/Condo
15
15
$785,891
$1,674,247
Commercial
50
53
$10,100,158
$8,263 097
Other
Mechanical/Plumbing
413/442
441/379
Demolition
24
17
Miscellaneous
482
456
$3 051 647
$9 918 505
Total
1,646
$1 546
$48 048,119
$44,873,714
• l ngineering Division (Right -of - a , side sewer, street use and encroachment activity 2016-2019
•
Transportation Impact Fees
$442,784
Park Impact Fees
$73,911
Water GFC
$229,805
Sewer GFC
$88,464
Storm GFC
$35,88
• Solar Permits
2106
2017
2018
2019
Permits Issued
429
415
460
447
Permit Revenue
$58,082
$42,806
$58,221
$41,595
Inspection & Review Revenue
$214,337
$416,959
$249,427
$223,678
[m act Fees and General Facilities Char es (GFC's) for 2019
Year
# of Permits
# of Permits Online
-%Online
kW
2012
3
0
0%
11
2013
6
5
83 %
41
2014
39
35
90%
241
2015
32
29
91%
211
2016
17
16
94%
137
2017
0
0
1 0%
1 0
2018
3
2
67%
28.7
2019
12
11
92%
105.88
Edmonds City Council Approved Minutes
July 21, 2020
Page 18
Totals 1 112 198 90% 1775.58
Over 8,750 inspections performed by Development Services staff
0 5,745 Building Inspections
0 3,020 Engineering Inspections
Building Inspections
o 2019
■ 23.95 avg/working day
o 2020
■ April = 86 Inspections
■ June = 461 Inspections
* 23.05 avg/working day
Building Official Leif Bjorback reviewed:
• Map of projects
• New Development - Finaled
o Post Office / Phase II
■ 28 units + 7,600 single family new commercial
■ 201 Main St
o Cummings Apartments
* 4 new residential units
* 20904 — 72°d Ave W
o Westgate Village
* 91 units + 3,100 new commercial
■ 10032 Edmonds Way
o Edmonds Village
■ Tenant improvement
■ 22019 Highway 99
o Kids Foundation Academy
■ Change of use
■ 21827 — 76"' Ave W
o Doug's Mazda Showroom & Service Center
■ 13,900 square feet new commercial space
* 22214 Highway 99
New Development - Issued
o Doug's Mazda Service Center
* 13,900 square feet new commercial space
* 22214 Highway 99
o Doug's Hyundai Service Center
■ 12,00 square feet new commercial
it 22214 Highway 99
o Waterfront Center
* 26,000 square feet new commercial
* 220 Railroad Ave.
o Kahlo's Cantina
■ 102 Main St
o Community Health Center
* 7,000 square feet addition
* 23320 Highway 99
o GRE Apartments
x 192 new residential units
* 23400 Highway 99
Edmonds City Council Approved Minutes
July 21, 2020
Page 19
o Nyland Apartments
■ 19 new residential units
■ 8509 244" St SW
o Von's Bell St. Apartments
■ 4 new residential units
■ 650 Bell St.
o Graphite Studios
■ 11,000 square feet new commercial
at 202 Main St.
• New Development - Applied
o Anthology of Edmonds
■ Senior living 192 units
■ 21200 72nd Ave W
o Paradise Heights
■ 12 new residential units
■ 546 Paradise Lane
o Kisan Townhomes
■ 18 new residential units
■ 22810 Edmonds Way
o Edmonds Crossing
■ 10 new residential units
■ 23830 Edmonds Way
o Calvary Townhomes
■ 4 new townhome units
■ 21222 82"d Pl. SW
o Main Street Commons
■ Retail, restaurant and event space
■ 550 Main St.
o Civic Field
31 Anticipating going to bid January 2021
o New Development - Issued
■ New single family homes
■ 11 new residential units
■ 8609 — 244t" St SW
o Woodway Court Plat
■ 5 lot plat
■ 23 800 104t" Ave.
o Westhaven Plat
■ 10 new residential units
■ 21515 98t" Ave SW
Photos of new single family homes
o Olympic View Drive
0 72nd Ave W
o Edmonds St.
0 2❑d Ave N
o Cary Road
0 13t" Ave
o Main St.
0 6"' Ave
Edmonds City Council Approved Minutes
July 21, 2020
Page 20
Councilmember Paine asked how many projects had taken advantage of Multi Family Tax Exemption
(MFTE) program. Ms. Hope answered there were only two that she knew of, one at Westgate, and another
that had been approved and was under construction. There are one or two others in the Highway 99 area
that are seeking to utilize it. The MFTE program only applies to the Highway 99 and Westgate areas.
Councilmember Paine asked if there was a second one in Westgate in addition to the Bartell project. Ms.
Hope answered there was nothing else being built at Westgate at this point.
Councilmember Buckshnis said she always look forwards to this report, it is her favorite report and there
are good pictures. She referred to the graphite studios and asked if the alley had been vacated. Ms. Hope
answered the alley was not vacated. They are still dealing with the alley and are considering building
something behind the art gallery but that is not yet final. Councilmember Buckshnis commented even
though it is totally fenced off, the alley will remain. Ms. Hope agreed it would, it provides access so it is
useful.
Councilmember Buckshnis relayed she had heard the GRE Apartments will provide an overpass over
Highway 99. Ms. Hope answered that was not correct. Councilmember Buckshnis commented the GRE
Apartments utilized MFTE.
Councilmember Distelhorst asked whether in addition to MFTE, if any other affordable housing units had
been built. Ms. Hope answered no, with the market being what it is, those are not built unless there is a
project with a non-profit organization that has grant funds or MFTE is the only other option for providing
less than market rate housing.
Councilmember Olson recalled the developer of the Cummings Apartment planted a lot more trees than the
code requires. She appreciated that effort and focus by the developer and suggested giving them a shoutout.
Ms. Hope said she would pass that on.
Councilmember Buckshnis relayed her understanding the Compass Apartments were no longer being built.
Ms. Hope agreed; Compass decided not to pursue that, it may have been partially related to funding issues.
At some point something else will happen there but there is nothing on the horizon.
9. ACTION ITEM
APPROVAL OF HEARING EXAMINER CONTRACT
Development Services Director Shane Hope explained the Hearing Examiner oversees public hearings that
fall under that process. The City does not have as many Hearing Examiner hearings as there used to be but
they are still very important. Phil Olbrechts has served in that position for a numbers years and has been
doing a very good job. The last time the City did an RFP process for a Hearing Examiner, it did not identify
anyone better and Mr. Olbrechts seemed to be performing his work very well. The Mayor decided to
reappoint Mr. Olbrechts and get Council confirmation to move the contract forward.
Councilmember Buckshnis relayed her understanding that the contract expired in 2019. Ms. Hope answered
it expired at the end of 2019. As with other contracts, the existing contract can continue. When the COVID
restrictions were in place, staff was left trying to figure out what to do. Councilmember Buckshnis recalled
Mr. Olbrechts has gone a year without a contract before. She relayed a question that just because he was
out of contract did not mean that his rulings were considered null and void. Ms. Hope answered absolutely
not, they are just as effective as ever; Mr. Olbrechts had to trust that the City would pay him.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PAINE, FOR
APPROVAL. MOTION CARRIED UNANIMOUSLY.
Edmonds City Council Approved Minutes
July 21, 2020
Page 21
2. EXTENSION OF INTERIM CHIEF OF POLICE
Councilmember Buckshnis explained these are challenging times due to COVID and getting things done
and properly approved. The contract expired July 1, 2020 and Mayor Nelson has asked to renew the contract
as Interim Chief of Police. She asked if there were any issues with Interim Chief Lawless working out of
contract for three weeks. She questioned why this had dropped through the cracks and assumed COVID
would be the answer. A lot of people are watching the police who have been part of huge social justice
issues. City Attorney Jeff Taraday answered there are several components to the question and he will also
offer HR Director Jessica Neill-Hoyson an opportunity to respond to some of the questions. He explained
there was some significance to the fact that the acting appointment expired. Unless Mayor Nelson has taken
action that he is not aware of, as of right this second, there is no acting police chief. There are two assistant
chiefs of police and Mayor Nelson has presumably given certain chief type roles to Mr. Lawless to continue
as what is essential a leader of the department until such time that there is another acting chief or a
permanent appointment is confirmed. He clarified there is no contract, it is an acting director appointment
that pursuant to City code can only be in effect for a six month period. Councilmember Buckshnis said in
other words, Mr. Lawless is no longer considered an interim police chief. Mr. Taraday said as of right this -
second, he is no longer an acting police chief because that status as matter of law expired after six months.
Councilmember Buckshnis commented that was unfortunate and questioned why that occurred. Ms. Neill-
Hoyson said at one point a decision was made for the Mayor to forward a single name and an amendment
to the code was required to do that. Unfortunately at that point, the City Council could not review a code
changes for putting for single candidate forward for the permanent placement to director due to the
necessary and routine analysis that happened during the suspension of the OPMA. There was still interest
in forwarding a single name to Council, but the deadline for addressing the end of acting assignment was
missed.
Councilmember Buckshnis observed the code amendment is Item 10.2. She recalled only two candidates
were interviewed when the HR position was filled so she viewed it as routine. She wondered why it was
not presented sooner. Ms. Neill-Hoyson said the code amendment was delayed and in the meantime, the
deadline for extending the acting assignment was missed. Mr. Taraday explained Item 10.2 had been
discussed internally during the time when the City Council was limited to necessary and routine actions
only. Item 10.2 did not meet the standards for necessary and routine so it could not have be brought forward
earlier. Councilmember Buckshnis questioned hiring a chief of police not being necessary and routine. Mr.
Taraday said amending the code to dispense with the three interview requirement was not necessary and
routine. Councilmember Buckshnis thought it was an exception or variance, not an amendment. Mr.
Taraday explained Item 10.2 is an ordinance that would amend the code to allow the creation of an
exception for waiving the three interview requirement.
Councilmember Buckshnis recalled the Council had conducted less than three interviews in the past; she
recalled that was done in 2011 with Mr. Hunstock and the code was not changed then. Mr. Taraday said
there are already two other exceptions to the three interview requirement in the code, one may have applied
to the Hunstock situation, but there is currently no exception in the code that allows for only one candidate
to be interviewed.
Councilmember K. Johnson pointed out Police Chief Compaan retired seven months ago. During that time,
first Mayor Nelson announced he was going to do a nationwide search and allocated funds for that purpose.
Then he made a press announcement, not informing City Council, stating he was appointing Assistant Chief
Lawless to that position. Now he is saying he wants to appoint ACOP Lawless to that position full-time,
disregarding the City Council's three interview policy. The City has a system of checks and balances for a
reason. If the Council adopted the one interview rule, it would basically eliminate the City Council from
any choice. She believed there needed to be a strong City Council and this proposal weakens the City
Council. Her comments had nothing to do with ACOP Lawless but were about the proper roles and
Edmonds City Council Approved Minutes
July 21, 2020
Page 22
responsibilities. Just because the Council has limited the number of candidates to two in past, she would
hate to go to one, because then the Council essentially had no say in the matter.
Mayor Nelson reminded this is not Agenda Item 10.2, this item is related to extension of the acting chief.
Councilmember Paine asked if there was any functional problem for a city not to have a designated chief
of police. Mr. Taraday said if what Councilmember Paine was asking was whether anything changed since
June 30"' when Mr. Lawless was the acting chief to July I" when he reverted to being an assistant police
chief with extra responsibilities, although he had not discussed it with Mr. Lawless, he imagined the way
the Police Department functions is probably exactly the same. What changed was Mr. Lawless' rate of pay;
he is no longer being paid as an acting chief. Councilmember Paine asked if there was any regulatory
requirement that a city has to have a chief of police. Mr. Taraday answered he did not know the answer to
that question off the top of his head; even if a city was ordinarily required to have a police of chief, there
must be provisions for that position to be vacant from time to time as it is now.
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
EXTEND FOR 20 MINUTES. MOTION CARRIED (5-1), COUNCILMEMBER K. JOHNSON
VOTING NO.
Councilmember Distelhorst said if Acting Chief Lawless was now back to Assistant Chief Lawless with
some extra duties, not receiving the acting chief pay but receiving some additional pay for additional duties.
Mr. Taraday agreed. The City has special duty pay which he assumed Mr. Lawless would qualify for.
Special duty pay is distinct from acting pay and he assumed if Mr. Lawless was no longer entitled to acting
pay, he was probably entitled to special duty pay. Ms. Neill-Hoyson answered that was correct. When an
employee is assigned additional duties by the Mayor, they may receive special duty pay which is up to 10%
of their current wages. Mr. Lawless is still receiving the same compensation he would as if he was in the
acting capacity, the category just has different authority.
Councilmember Distelhorst said following a conversation with Mr. Taraday his understanding was that
since the six months has passed, from the letter of the law, this would not necessarily be an extension; it
may have to be the Mayor making another appointment to acting chief based on the meaning of the law
versus a strict interpretation and looking at retro authority. Mr. Taraday answered that was an important
point to clarify. Even though the six months has expired and the acting chief appointment has expired, it
was right thing to do for the Mayor to ask Council for permission to extend, because Councilmember
Distelhorst was right, technically speaking according to the letter of law it may not make sense to extend
something that has already expired. However, he did not think it was the intent of this chapter to exploit
what is essentially a loophole in the code that would allow the Mayor to appoint an acting director for six
months, then let that directorship expire, thereby creating another vacancy and then according to the letter
of the code, the Mayor can appoint another acting director to fill that vacancy. It is the right thing to do to
ask the Council's blessing to do that. Had the Mayor sought this out a month ago, it's clear under the code
that Council permission would have been required for that extension. The loophole in the code allows any
vacancy to be filled by an acting director for six months and that theoretically can be done by the Mayor
tomorrow if the Council does not act on this tonight. The Mayor is essentially asking Council to effectively
bless that continuing status until such time there is a permanent chief.
Councilmember K. Johnson asked whether there was a difference in pay between a fulltime appointed
police chief and an acting police chief. Ms. Neill-Hoyson answered a full-time appointed police chief's pay
would have been negotiated and established at the time of their hire. An acting police chief or anyone in an
acting director capacity receives at least a 5% increase in compensation for doing that position. She
summarized the pay could be different based on what is negotiated at the time of hire for a regular
appointment.
Edmonds City Council Approved Minutes
July 21, 2020
Page 23
Councilmember K. Johnson said having someone in an acting position for over a year with only a 5%
increase is a disservice. She asked why it has taken seven months to fill this position. Ms. Neill-Hoyson
said when the Mayor first wanted to recruit for the position, the City retained a recruiting consultant to
begin that work. As that work began and the position was close to being posted, the COVID pandemic
erupted. After discussion with Mayor Nelson and consultant it was agreed that attempting to recruit for a
police chief when services were shut down and the nation was in the middle of a pandemic would likely
not result in an adequate candidate pool. The consultant was asked to hold on the recruitment until more
was known about how the COVID issue would develop. Subsequent to that, Mayor Nelson made his
decision known that he would like to move forward with a single candidate once that was addressed with
Council. However, it could not be addressed with Council because code adjustments were not necessary
and routine actions. Now that the necessary and routine restriction has been listed, the code amendment can
be presented to Council for discussion.
Councilmember K. Johnson said this week is the first time she has heard there is only a single applicant
coming forward; Council has not been informed of that. She asked how long it will take to appoint a
permanent position so an appropriate salary can be negotiated. Ms. Neil I-Hoyson answered that will depend
on the outcome of the discussion regarding the code changes or how Council wants to move forward with
considering a single candidate rather than two or three candidates.
Councilmember K. Johnson asked about the range of time that would take, whether it would take another
six months. Ms. Neill-Hoyson said the proposed code changes are on tonight's agenda for discussion, once
that discussion occurs, it can be moved to action at the next meeting if that is the Council's wish. Once that
is done, staff can move forward with bringing one candidate to Council. Councilmember K. Johnson asked
how long it would take if three candidates were brought to Council as required in the current code. Ms.
Neill-Hoyson answered posting and recruiting for a position would need to occur; she envisioned
potentially 4 months before initial interviews and 4-5 months before 3 candidates were in front of Council.
Councilmember K. Johnson observed basically no recruiting had been done in the past seven months and
the one candidate option has been moved forward with this one candidate option. Ms. Neill-Hoyson
reiterated it was not deemed feasible to recruit for a police chief due to the COVID pandemic.
Councilmember K. Johnson said the City is still in the middle of the COVID pandemic
Councilmember Buckshnis raised a point of order, commenting this discussion was related to Item 10.2.
Mayor Nelson agreed and requested Councilmembers' comments relate to the agenda item currently under
discussion.
Councilmember Buckshnis pointed out staff recommendation is to approve extension of the interim
appointment for James Lawless as chief of police for a period of July 1, 2020 to December 31, 2020.
According to Mr. Taraday, that cannot be done because appointments can only be for a six month period.
She asked for clarification regarding what staff was asking Council to do. Mr. Taraday said there were a
couple ways to look at staff s recommendation. If the Council is bothered by the literal term "extend" in
the context of what is currently a vacancy, and if the Council wants to take action tonight that supports what
would effectively be an extension of Mr. Lawless as the acting chief, the Council could indicate to the
Mayor that it would not object to the Mayor's appointment tomorrow of Mr. Lawless as acting chief, taking
advantage of the loophole he described in the code that essentially allows the Mayor to do that with or
without the Council's blessing. If the Council wanted to give that blessing in lieu of the motion in the staff
report, that would be one way to do it. It essentially has same exact effect; there is still Council approval
being given to create another six month term of acting chief but it is being doing in a way that perhaps
comports more with the literal state of the code.
Councilmember Olson said she was satisfied with that approach. She has spent a lot of time thinking about
it this week, there were a lot of things that bothered her about it including ignoring the spirit of the law.
Edmonds City Council Approved Minutes
July 21, 2020
Page 24
Offering the opportunity to the Mayor with the Council's support to basically reappoint provides legal
standing to proceed. The amendment that Mr. Taraday just shared is the best approach.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, THAT WE
ENCOURAGE THE MAYOR TO TAKE ADVANTAGE OF THE LOOPHOLE AS DESCRIBED BY
MR. TARADAY AND AS ALLOWED THROUGH ECC 2.10.010 SECTION E AND 2.10.040
SECTION B.
At Councilmember Distelhorst's request, Councilmember Paine restated the motion:
TO ASK THE MAYOR TO REAPPOINT FOR THIS VACANT POSITION AT HIS EARLIEST
CONVENIENCE USING THE CURRENT CODES THAT WE HAVE NOW.
Councilmember K. Johnson commented ACOP Chief Lawless has done an excellent job. He was
recommended for appointment by retiring Chief Compaan and confirmed by Mayor Nelson. She felt badly
that lie has been working full-time in this position with only a 5% pay increase which she felt was a
disservice to him. She stated her support for the work he has done for the City.
MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON,
TO REMOVE ITEM 10.3.
Councilmember Buckshnis said she asked for redline of previous codes that were not included in the packet
and the item was scheduled for 60 minutes. She was hopeful there would be a more complete packet next
week.
MOTION CARRIED UNANIMOUSLY.
10. STUDY ITEMS
1. PROPOSAL TO EXTEND THE PERSONAL SERVICES CONTRACT FOR PROGRAM
ADMINISTRATOR AT THE WASTEWATER TREATMENT PLANT
COUNCILMEMBER L. JOHNSON MOVED. SECONDED BY COUNCILMEMBER PAINE, TO
EXTEND FOR 10 MINUTES.
Councilmember Olson pointed out at least 20 minutes would be needed as there are two agenda items
remaining as well as comments.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
EXTEND FOR 20 MINUTES. MOTION CARRIED (5-1), COUNCILMEMBER K. JOHNSON
VOTING NO.
Public Works Director Phil Williams said the City has had a program administrator working under contract
at the WWTP for the last year and that one-year contract is due to expire at the end of the month. He would
like to extend the contract, the budget exists for the position but the term of the contract needs to be
extended. The person under contract is Michael Derrick who came to the WWTP from the Ronald
Wastewater District where he was the general manager. He is well qualified for the position and has done
a great job during the time he has been with the City, is learning rapidly and is a good right hand to WWTP
Manger Pamela Randolph. The annual salary for the position is approximately $98,000 so the extension for
six months is half that plus his benefits of approximately $70,000, funds that have already been budgeted.
Edmonds City Council Approved Minutes
July 21, 2020
Page 25
Councilmember Olson observed this contract had not yet expired. Mr. Williams agreed. Councilmember
Olson asked how it was caught before it expired. Mr. Williams answered there is a tickler file as a reminder.
It was cut close, tonight is a study item and if it is on the July 28'1' agenda for approval, the contract expires
on July 31st. Councilmember Olson said she would like to see that happen a lot more often. She could not
recall a single contract expiration that was missed when she was in the Air Force on active duty as a
contracting officer and was certain the City could do better.
Councilmember Buckshnis pointed out the contract should be through December 31, 2020 not 2019. Mr.
Williams agreed. He explained he plans to bring to Council at the August 11 committee meeting a
reorganization proposal for how the WWTP is staffed, but that would not change this request.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON,
TO MOVE THIS TO CONSENT NEXT WEEK. MOTION CARRIED UNANIMOUSLY.
2. ORDINANCE ADOPTING NEW EXCEPTION TO THREE -INTERVIEW
RE UIIIEMENT
City Attorney Jeff Taraday explained the packet contains a draft ordinance creating a third exception to the
Council's three interview requirement. The code already contains two other exceptions. This exception is
narrowly tailored to address only circumstances where an acting director has been in place for six months
and only in that circumstance would this new exception be triggerable. This essentially recognizes the
unique set of circumstances where an acting director has been serving admirably and it may not make sense
in that circumstance to have a full blown recruitment when the person has been observed on the job for six
months and their capabilities are already known. The policy question for the Council is whether they still
want to have a full blown recruitment even where they have been able to observe someone's performance
in the job for six months.
Councilmember Buckshnis said she looks at this differently. She has supported Mr. Lawless forever; she
has known him through the dog park and knows what a great guy he is. She asked if language could be
included about promoting from within. She recalled when she first was elected, Lorenzo Hines was an
interim/acting finance director yet, the City did a recruitment to have two more people to interview to fulfill
the code. She said promoting from within would define it differently; an acting director is generally from
within the organization. Mr. Taraday answered it could be, but it would not always be. He recalled in the
past there were several different people in the role of interim finance director, people that were brought in
to do the job who were not City employees. The proposed code language could limit the exception to people
who were previously City employees. If the Council has the opportunity to observe someone doing a job
for six months, it may not matter if they were previously a City employee or not.
Councilmember Buckshnis recalled none of the finance directors were acting, they were contractors that
filled in between Mr. Hunstock and Mr. Neumeier. She recalled when she was first elected, Lorenzo Hines
was acting and when he was moved to finance director, two other candidates were interviewed. She
observed if an acting person was appointed, there would only be one person to interview which removes
the Council oversight capabilities. Mr. Taraday referred to a comment made earlier tonight that this
ordinance takes away the CounciVs choice. He suggested the Council think about it differently; the Council
really never has a choice with regard to appointment, that is always the Mayor's power. The Council may
interview three candidates and suggest to the Mayor that they like one candidate best, but the Mayor is
never under any obligation to appoint that candidate. The idea that there is more choice for the Council with
additional interviews is somewhat of a fallacy. While the Council potentially has the ability to make a
suggestion to the Mayor about the candidates, but it is always the Mayor's choice whether there are one,
two or three candidates who are interviewed. Furthermore and perhaps most importantly, the Council is
never required to confirm a mayoral appointment. It is the same as the Supreme Court; just like the senate
is never required to confirm a presidential appointment to the Supreme Court, the Council is never required
Edmonds City Council Approved Minutes
July 21, 2020
Page 26
to confirm a mayoral director appointment. Even if there is only one candidate, it doesn't in any way lessen
the Council's power. Councilmember Buckshnis recalled an instance when the Council liked one candidate
better and the Mayor selected someone else.
Ms. Neill-Hoyson clarified the proposed code amendment does not allow the Mayor to automatically bring
forward one candidate; it allows the Mayor to request that exception of the Council who then has to approve
it in each instance. The code language simply allows the Council to consider that request should it be made,
it is not automatic.
Councilmember Olson suggested the language be changed from "six months" to "more than four." She was
happy the Council was considering this code change, recognizing it was brought on by the specific situation
which is absolutely relevant to the conversation. As there has been a press release regarding the Mayor's
intention to appoint Mr. Lawless, the City is unlikely to get anyone to submit their name and potentially
jeopardize their current job by showing interest. It has to be done in this particular instance, but additional
the fact that hiring from within was never anticipated is a little problematic and there should provisions in
code indicating a desire to promote from within because that helps attract and retain good talent. She was
in favor of making this change to provide an opportunity to promote an acting director. It is a good idea to
anticipate hiring from within and to having that prevents wasting staff time, resources and possibly money
when there is an in-house candidate that the Mayor is happy with.
Councilmember Distelhorst commented there has been a lot of talk about this code change and the
application to the chief of police but this applies to all appointed officers. He wanted to ensure the Council
had that discussion looking at everyone and not just Mr. Lawless. He noted there was currently one other
acting appointed position, Mr. Turley. Ms. Neill-Hoyson agreed.
Councilmember L. Johnson said it was reassuring that the Mayor and Police Department fully support Mr.
Lawless. She thanked him for his diligent service during these challenging times. For the same reason she
supported the initial recruitment process and bringing forward three candidates, she still supported that
process. This is probably the most significant director position in the City and there is an opportunity to go
the distance and ensure the best choice is made for the citizens of Edmonds and she would like to see that
done. Due to Council President Fraley-Monillas' absence tonight, she did not want this to go on the Consent
Agenda next week to ensure she had an opportunity to weigh in as well.
In response to Councilmember L. Johnson's comments, Councilmember Olson said the City really does not
have that opportunity now that there has been press release. The City won't get the candidates and it is not
that easy to get candidates in the first place. The City is in the middle of COVID and a crisis where having
an official police of chief is in the City's best interest.
Councilmember Distelhorst echoed Councilmember L. Johnson comments, pointing out the City has a
Racial and Justice Equity Taskforce that is working on police policies and it is important to hear their
recommendations for the Police Department and then reflect on those in regard to the chief of police
position. He appreciated that there is potentially a 6 month runway, if the Mayor chooses to appoint a new
acting police chief, which will provide more time to evaluate other ongoing work streams that directly
impact this position and its relationship with the community.
Councilmember Olson said she was very disappointed to hear those sentiments expressed. The City has
been so well served by Chief Lawless during unbelievable circumstances. She could not fathom there was
anyone in the community that would show a lack of appreciation like that for someone who has been
everything we could ever hope for in a chief of police.
3. REVIEW OF COUNCIL CODE OF CONDUCT
Edmonds City Council Approved Minutes
July 21, 2020
Page 27
Due to the late hour and a desire for additional information, this item was postponed to next week.
11. MAYOR'S COMMENTS
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
EXTEND FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY.
Mayor Nelson said the City has received a lot of feedback regarding the dog park and some public facilities
like beaches where a lot of people are not practicing social distancing and only some wearing masks. He
wanted it to be very clear that if people were unable to practice social distancing and unable to wear masks,
that to protect the health and safety of citizens, those facilities will no longer be open. It is in everyone's
best interest to practice social distancing and to wear masks, but just because people are wearing masks
does not mean they can stand next to each other and talk. He urged the public to continue to wear masks so
these facilities can remain open for everyone to enjoy.
12. COUNCIL, COMMENTS
Councilmember L. Johnson urged the public to be safe, wear your mask, practice social distancing and do
your part to protect your family and your neighbors.
Councilmember Buckshnis thanked Mayor Nelson for making an announcement about the dog park. There
is a lot of shaming going on and people are fighting over wearing a mask. She preferred everyone just get
along and either keep their distance or wear a mask, noting people entering the dog park should probably
wear a mask. It's unfortunate that there are bad reviews because people are angry and fighting. She
recognized it was a tough time and urged everyone to calm down.
Councilmember Buckshnis thanked the citizens who reached out to her about the bicycle lanes and bike
plans. Although she does not bike, she wanted to be very responsible and listen to what people are saying.
She encouraged citizens to continue to reach out to her and if they really need to have their voice heard,
write a letter to the editor. She urged everyone to get along, stay safe and wear a mask.
Councilmember K. Johnson stated be well.
Councilmember Distelhorst echoed the comments about wearing a mask, maintaining social distance, and
not having group events because people are still not supposed to be meeting with more than five people
outside their household in a week. He wished a Happy Birthday to his daughter who was turning 14
tomorrow and his daughter who was turning 23 on Thursday.
Councilmember Olson thanked staff, commenting these have been very difficult situations. Staff has done
a lot of great work and it really shows in everything that was brought forward today and everything the
Council has seen. At the top of that list is Chief Lawless who has been at the table, conversational, open
and respectful; she was proud and in awe of the role he has played in the community. She hoped the City
has the opportunity to have him as the official chief in very short order.
Councilmember Paine encouraged everyone to wear their masks and mind their physical distancing as
things are spiraling in the wrong direction. She encouraged the administration to consider closing 5t"
Avenue rather than Main Street so that other commercial businesses can partake in the additional space.
She recognized there would need to be traffic considerations, but it would be great if businesses on 5"'
Avenue had the opportunity to have more space. She wouldn't mind if there was a T of closed streets. She
summarized it was unfair to focus only on Main Street when there are also wonderful businesses on 5"'
Avenue.
Edmonds City Council Approved Minutes
July 21, 2020
Page 28
I J. ADJOURN
With no further business, the C,ourtcil mectirt, was adjourned at 10:44 p.m,
M4'�HAEL NELSON, MAYOR
5C0 �P � Y, CITY C ER
sco;
E,drimuds City Council Approved Minutes
July 21, 2020
Page 29
Public Comment for 7/21 Council Meeting
7/21/20 Michael McMurray, Subject: Public Comments- proliferation of bike lanes in Edmond's-
Devastating to local surface street parking capacity
I am very concerned that there has not been proper analysis completed on the impact to surface
street parking capacity caused by the planned proliferation of bike lanes in Edmonds (agenda
item 7.1). Council members should be made aware QFC, PCC and other surrounding
businesses along 100th and 9th avenue utilize those close proximity surface street parking
spaces for their many employees. Eliminating those parking spaces for designated bike lanes,
will logically push people to park their cars into surrounding neighborhoods
(Greenlake neighborhood and Ballard communities come to mind). Also what is wrong with
"Sharrows" lanes instead of Designated bike lanes? I discovered the 84th street bike lane
augmentation was almost entirely "Sharrows" until the end of the run when the bike lanes
entered the business district of 5 corners, resulting in the loss of 21 surface street parking
spaces when it switched to a designated lane. So "Sharrows" lanes are acceptable in front of
Elementary schools they should be acceptable in other locations especially near
local businesses and residential neighborhoods? Also Bowdoin street has many multi -family
units near 5 corners that utilize those surface street parkings spaces currently for their
residents. The impact to surface street parking supply vs bike ridership should be more
scrutinized and examined by council. I feel the designated bike lanes are nice up by Edmonds-
Woodway and well designed, so not negative on all bike lanes. Seems like we are not taking our
neighborhoods and many local business parking impacts into consideration with these plans.
Council should Consider giving the money back to Sound Transit, they could use the money to
finish the various rail connections, with anticipated revenue shortfalls coming from Covid-19
budget fallout. Thanks for listening,
7/21/20 Steve Kaiser, Subject: Citywide Bicycle Improvements
I strongly support the proposed citywide bicycle improvement projects. More than ever,
Edmonds residents need safe routes to ride their bikes. Safety is the number one deterrent for
most new cyclists. As you may know, coronavirus has increased bicycle sales by as much as
203%. Where will these new bike owners ride safely? Please see the complete article with
information from The NPD Group for details. Steve Kaiser Edmonds resident and cyclist
June 16, 2020 — The unprecedented growth trend for U.S. cycling sales that began in March
accelerated even further in April, according to The NPD_Group. April sales for traditional bikes,
indoor bikes, parts, helmets, and other accessories grew a combined 75% to $1 billion
compared to last year. This is the first month since NPD began tracking the cycling market that
sales have reached $1 billion in a single month. Typically., April sales fall between $550 and
$575 million. Bicycles suitable for family use, neighborhood riding, and those with more
approachable price -points showed the strongest year -over -year sales gains. Lifestyle/leisure
bikes, which are more basic adult bicycles sold at prices under $200, grew by 203%; front
suspension mountain bikes were up by more than 150%; and children's bikes increased by
107% for the month. Accessories sales also grew, including helmets (+49%), water bottle cages
(+60%), and bike baskets (+85%). "For far too long the cycling industry has been solely focused
on the pinnacle athlete, but these results show that a broader, family and beginner focus can
reap gains. This is a silver lining, and one of the important sports retail lessons to come out of
the pandemic," said Matt Powell, NPD's sports industry advisor. Another trend that emerged in
Edmonds City Council Approved Minutes
July 21, 2020
Page 30
March and amplified in April was the purchase of cycling equipment for indoor riding. Stationary
bike sales grew by 270% for the month, with April sales the second -highest that NPD currently
has on record. Trainers and rollers, which allow bikers to mount their current bicycles and ride
indoors, experienced a growth rate of 415%. "The excitement that consumers are showing in
cycling, particularly in recreational and family riding, is an absolutely amazing moment for the
bike community. This is a unique and powerful chance for retailers, manufacturers, and non-
profit organizations to engage new riders," said Dirk Sorenson, sports industry analyst at NPD.
"Continued growth will require them not only to have product in stock, but to focus on new
riders' basic needs such as how to fix a flat tire, or locating a family -friendly trail to ride.
Addressing these basics right now has immeasurable ROI, and the industry should be laser -
focused on servicing these new riders." Source: The NPD Group/ U.S. Retail Tracking Service/
April 2020 vs. April 2019
7/21/20 Ken Reidy, Subject: Public Comments for July 21, 2020 City Council meeting
For years, I have railed against the provision of false, misleading, inaccurate, or incomplete
information to City Council and Hearing Examiners in advance of decisions. Despite my efforts,
it continues to happen. Tonight's agenda provides further proof of this. I will just discuss two
examples:
1. Council is being asked to approve a four-year contract for Hearing Examiner Services
retroactive to January 1, 2020. The Council Packet fails to include the related Code Section
which clearly states that "The hearing examiner shall be appointed by the mayor and confirmed
by the city council for a term of four years." Why is Council being asked to approve a contract
before being asked to confirm an appointment?
2. Council is being asked to approve an extension of Mr. Lawless' acting directorship
retroactive to July 1st through December 31st. The related Code Section was left out of the
Agenda Packet. That Code Section clearly informs that the acting directorship shall expire and
be deemed vacant six months after the date of the acting appointment. As such, there is
nothing that the Council can legally extend. Furthermore, the Code section is very clear that
there is only one reason that the Mayor can request an extension - to allow the recruiting
process to continue. There is no ongoing recruiting process, so Mayor Nelson has no legal right
to request an extension.
City Council has repeatedly ignored my requests for more information about the tool of
reconsideration to fight back against the provision of false, misleading, inaccurate, or incomplete
information to City Council. One last point, I request City Council give consideration to what
City Council and the City government should do when a citizen provides
evidence after a hearing that City Staff chose to provide incomplete information and an
incomplete list of applicable Code Sections to the Hearing Examiner. Please take a deep look at
the use of the Hearing Examiner System in Edmonds. History shows that City Staff will
choose to provide incomplete information and an incomplete list of applicable
laws to the Hearing Examiner. As such, a strong argument can be made that
_the Hearing Examiner system doesn't work in Edmonds. Can the current City Council implement
changes that address situations in which City Staff choose to provide incomplete information
and an incomplete list of applicable laws to the Hearing Examiner? If not, how can current
elected officials continue to allow citizens of Edmonds to be
exposed to the Hearing Examiner system? At a minimum, please immediately suspend use of
the Hearing Examiner System in Edmonds until steps can be taken to prevent City Staff from
providing incomplete information and an incomplete list of applicable
laws to the Hearing Examiner.
Edmonds City Council Approved Minutes
July 21, 2020
Page 31
7/20/20 Jennifer McCloughan, Subject: City of Edmonds Bike Improvements Project
I am unable to attend the zoom meeting on the City of Edmonds Bicycle Improvement Project
that is going to be discussed at the meeting however I would like to add the following
statement: The Citywide Bicycle Improvement Project for the City of Edmonds would be a great
opportunity for our students in the Edmonds School District to ride their bikes to and from
school. The roads that are being considered for improvements would make bicycle riding much
safer for students than what they are currently. As the K-12 PE, Health, and Move 60
Coordinator, I am always trying to find ways to advocate for healthy living for our students.
Bicycle riding to and from school is a good way for students to get in exercise before and after
school. Safe roads are important for students to feel confident which will increase their
likelihood of riding their bike to school. Thank you for this opportunity and I hope that the City of
Edmonds moves forward on this project!
Edmonds City Council Approved Minutes
July 21, 2020
Page 32