20170221 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
February 21, 2017
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
*Thomas Mesaros, Council President
Michael Nelson, Councilmember
Kristiana Johnson, Councilmember
*Adrienne Fraley-Monillas, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
* participated by phone
CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
T. Dreyer, Police Officer
Phil Williams, Public Works Director
Patrick Doherty, Econ. Dev & Comm. Serv. Dir.
Shane Hope, Development Services Director
Scott James, Finance Director
Dave Turley, Assistant Finance Director
Kernen Lien, Senior Planner
Beth Ford, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council
Chambers, 250 5`h Avenue North, Edmonds. The meeting was opened with the flag salute.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present or participating by phone.
3. APPROVAL OF AGENDA
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER NELSON, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items
approved are as follows:
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 14, 2017
2. APPROVAL OF COUNCIL MEETING MINUTES OF FEBRUARY 14, 2017
3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
4. APPROVAL OF BUDGET FOR ALLIANCE FOR HOUSING AFFORDABILITY
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5. CITY OF EDMONDS COMMUTE TRIP REDUCTION PLAN AND ORDINANCE (ECC
17.95)
6. AWARD OF CONSTRUCTION CONTRACT FOR HIGHWAY 99 PIPE
REHABILITATION PROJECT TO SHORELINE CONSTRUCTION COMPANY
7. ORDINANCE ADOPTING RCW 9A.44.132 - FAILURE TO REGISTER AS SEX
OFFENDER OR KIDNAPPING OFFENDER
8. POLICE DEPARTMENT SURPLUS PROPERTY
5. AUDIENCE COMMENTS
David Richmond, Edmonds, biologist and former professor at New Mexico State University, spoke
regarding the function of buffer zones around wetlands. He summarized a document provided to Council
previously, wetlands and marshes provide three broad ecological functions that need to be addressed by
any site specific study, 1) geochemical functions that are related to trapping and transforming chemicals
and functions that improve water quality in the watershed, 2) hydrologic functions that are related to
maintaining a water regime in a watershed including such functions as reduced flooding, and 3) wetland
habitat functions that provide protection and maintenance of wetland functions for wildlife to include
refuge, shelter, food, breeding habitat and nesting materials. Wildlife is usually defined as mammals,
birds, reptiles and amphibians; food includes plant products such as nectar, seeds and edible leaves and
twigs as well as an abundance and diversity of insects, spiders, other invertebrates. Breeding habitats
consist of plant materials, trees, shrubs or groundcover and for some species inorganic material such as
gravel. Wildlife often need nesting materials such as buds and small plant pieces. Buffers also serve to
screen wildlife from disturbance including human entry, cats, dogs and excessive light and noise from
buildings and traffic. The actual needs of each wildlife species depend on a number of factors but Boyd
2011 found that species shared by the Edmonds Marsh and the sites in Massachusetts that he was
studying utilize wetland edges of 200 feet or more. However, it is likely most species will be reasonably
served by a 100 -foot buffer and 15 -foot setback. A smaller buffer and setback will cause stress to many
species and may well degrade the marsh rather than restore it. Diversity and abundance of natural wildlife
depend on the width and diversity of the vegetated buffer but also specific species composition and
characteristics.
Mike Shaw, Edmonds, repeated his request for an unbiased and independent study of the Edmonds
Marsh when a site specific study is performed. When he requested this previously, his request was
dismissed in a presumptive and patronizing manner. He referred to examples of biased site studies by the
City of Edmonds, commenting the DOE is also guilty of suspect peer reviews on site surveys. Far too
often site specific studies are biased and not truly independent analyses; the Edmonds Marsh deserves
better than that. Rather than listening to the Port and various developers, he encouraged the Council to
listen to their constituents, hold a town hall meeting or public hearing to demonstrate the Council's
interest in what citizens think and want. The Council is elected to listen and represent the citizens of
Edmonds, not a few vested interests.
Rich Senderoff, Edmonds, followed up on comments he made at the February 7 Council meeting
suggesting that more detail be included to specify the type of information required in a science -based site
specific environmental study. Subsequent Council comments indicated this was unnecessary, implying
that the suggested verbiage was redundant. He disagreed, pointing out the proposed action of the Council
per DOE recommendation is to defer a final decision on a required buffer on the basis of a site specific
scientific study which means when a development plan is proposed, a request for proposal will need to be
drafted with a scope of work that includes the necessary analysis to determine the buffer necessary to
protect properly function wetland and tideland habitat and its associated ecological functions. Once the
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study report is presented, Council will need to ensure the study met the intent of the RFP and scope of
work when determining the required buffer for the proposed development. That deliberation and decision
should occur during public meetings so that the public can provide input on the study results and
interpretation. Equally as important is for the developer to clearly understand the requirements that must
be met when drafting their development plan. Some or all Councilmember may not be on the Council
when those efforts are initiated; therefore, specificity is necessary so their legislative intent will be carried
out by others. Specificity and redundancy provide clarity and emphasis, ensuring the legislative intent is
ultimately fulfilled. He referred to verbiage presented by Save Our Marsh to include this specificity
within an appendix referenced in Footnote 18 to the SMP. He supported this approach and the suggested
verbiage.
Kathy Wilcock, Edmonds, a member of the local Alliance for Gun Responsibility chapter, thanked the
Council for its unanimous vote on Resolution 1383 last week in support of dangerous access prevention.
House Bill 1122, the dangerous access prevention bill in the legislature, passed through committee this
week and is on to the next stage of the legislative process. She urged the Council to vote yes on the
ordinance requiring reporting of lost and stolen firearms in Edmonds. With this step Edmonds can be part
of the solution to a national problem. It has been estimated that over 500,000 firearms are stolen from
residences and other non -licensed dealers each year in the United States, an enormous public health and
safety hazard. The ordinance is a reasonable step for the City to take as part of its responsibility to keep
Edmond safe. Reporting of lost and stolen firearms is a simple idea that balances gun rights and gun
responsibility. The ordinance protects gun owners, law enforcement and families.
Anthony Welty, Chairman, Snohomish County Libertarian Party, pointed out "liberty and justice for
all" in the Pledge of Allegiance. He referred to the proposed changes to ECC section 5.24.070 regarding
firearms. To demonstrate where his heart is on this issue, he shared a brief statement regarding the
Libertarian Party principles, As a libertarian, we seek a world in which individuals are sovereign over
their own lives and no one is forced to sacrifice his or her values for the benefit of others. We believe that
the rights for individual rights is essential in the precondition for a free and prosperous world. That force
and fraud must be banished from human relationships and that only through freedom can peace and
prosperity be realized. He suggested when discussing the ordinance the Council consider that this law
criminalizes a victim; the theft of a gun is a property crime, sometimes a violent property crime and the
victim should not be penalized. He respected the goal of the ordinance to keep people safer; however,
someone who is beaten, raped or assaulted is not fined for not reporting the crime, instead they would be
offered comfort and prayer, certainly not fined $500. If the Council stands for liberty and justice for all,
he encouraged the Council to reject this ordinance.
Joan Bloom, Edmonds, requested the Council hold a public hearing on the SMP, commenting the last
public hearing was September 16, 2014. Option A, B and C introduce a substantive change in the SMP as
voted on by Council. The review deadline of March 30 set by Ecology is arbitrary and possibly not
allowed by State law. Her opposition to residential uses within shoreline jurisdiction is well documented
by the public record, but the history of the SMP is not well known. She provided the following statement
from Ecology's website; Washington's Shoreline Management Act was passed by the State Legislature in
1971 and adopted by voters in 1972. The overarching goal of the Act is "to prevent the inherent harm in
an uncoordinated and piecemeal development of the state's shorelines." The act also implements the
common law Public Trust Doctrine. The essence of this court doctrine is that the waters of the state are a
public resource for the purposes of navigation, conducting commerce, fishing, recreation and similar uses
and this trust is not invalidated by private ownership of the underlying land. The doctrine limits public
and private use of tidelands and other shorelands to protect the public's right to use the waters of the state.
Including the option for residential in the SMP would go directly against the intent of the Public Trust
Doctrine. She provided the following definition in an email from David Pater, DOE, to Joe Scordino,
Urban Mixed Use IV purpose, the purpose of the Urban Mixed Use environment is to provide for high
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intensity, water -oriented commercial, transportation and industrial uses while protecting existing
ecological function and restoring ecological functions in the areas previously degraded. This definition
does not mention residential. There is no question that Options A, B and C are about allowing
condominiums in a future development proposal. She urged the Council to close and lock the door to
residential in the SMP. She was uncertain how that could be done but was certain the City Attorney
should know how. She was confident a public hearing would expose the Council to much more
information and the opinions of Edmonds taxpayers to inform their decision-making.
Rebecca Wolfe, Edmonds, referred to reference in Council discussions to no net loss related to the
protection and restoration of the Edmonds Marsh. No net loss is discussed in a 2016 research study, "No
Net Loss of What, for Whom," published by the Stockholm Environment Institute, which states, The
analysis reveals several doubts and challenges associated with social and ecological compensation of
biodiversity loss. The findings suggest that issues of distributive justice, access to nature, and the status of
ownership over sites of common heritage need to be given broader consideration when accounting for
biodiversity loss and compensation in relation to market based instruments. While no net loss sounds
good and is a commonly used term, she questioned how the true or actual loss of ecosystem such as
habitat for multiple species, air quality provided by carbon storage in the grasses and other vegetation in
the saltwater marsh and the esthetic values of a place that nurtures birds, mammals, humans and many
other forms of life can be evaluated and measured. Due to the difficulty of measuring all kinds of
potential loss, she urged the Council to practice the precautionary principle that places a high priority on
protecting natural resources and human health. The Public Trust Doctrine is an enduring principle that
ensures the protection of natural resources that are held in common by all citizens of a state. The
Edmonds Marsh is one of those protected area and as such the statement that establishing buffers and
setbacks can be considered a legal taking is unfounded in the law. A taking relates only to private
property and any taking of private property must be compensated by the government at a fair market
value. Another statement that has been made that is contrary to the facts is that the period in which the
statutes governing the Port District was a time when there was little concern with environmental issues;
the 1970s were actually the heyday of environmental laws to protect natural resources. Like other friends
of the Edmonds Marsh, she requested the Council hold a public hearing regarding the many questions
related to the SMP. What matters most is getting this right, not rushing to pass an SMP that might be
flawed or weak with regard to the shorelines and critical areas. She provided written materials.
Jenny Antilla, Edmonds, reiterated comments she made last year regarding parking in Edmonds which
has not improved; there are still cars parked on 6`" Avenue all weekend rather than providing parking for
people visiting the market and downtown. She cited a Bowie Electric vehicle that used to park on 3`a
Avenue until parking restrictions were imposed and the vehicle was moved to 6`" Avenue. She referred to
Sunset Avenue and her understanding that parking would be reduced from four hours to three which has
not been done. She referred to the train track noise limiter, recalling the City allocated $300,000 to install
the system in 2016. She was told by Mayor Earling that the project had not progressed due to strategical
problems with BNSF. She hoped the funds had not been spent on other projects and was concerned that
project would not be installed in 2016 due to the overpass. She supported the project due to problems with
noise in Edmonds.
Susie Schaefer, Edmonds, emphasized the discussion is really about preserving and restoring the
beautiful Edmonds Marsh and making good decisions in the future to enhance wildlife, it is not about
development. She referred to materials the Save Our Marsh committee has provided to the Council.
Val Stewart, Edmonds, expressed support for the language suggested by Save Our Marsh. Although not
an active member, she was on the Planning Board for eight years when the Harbor Square Master Plan,
CAO and SMP were reviewed. The remnant marsh that exists today is rare; since the 1990s
approximately 90% of the backshore tidal marshes in Puget Sound have been filled for agriculture or
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development. The investigative study done in 1974 by John Cook's students found evidence of marine
life on the side of a pipe and with that evidence, they were able to prevent Union Oil from filling the
marsh. Students Saving Salmon at Edmonds-Woodway High School and their salmon recovery projects
continue that legacy. In a prior SMP, the Planning Board recommended there be a definition of shore
setback and a clarified definition of buffer. Shore setback still occurred in the shoreline dimensional
standards chart but buffer did not and the Planning Board took out the word buffer in the introduction.
Buffer was not a term used in the SMP back then. There are a variety of terms, shore setback, buffer,
setback, ordinary high water mark, diked edge, and where to measure the buffer whether in the CAO or
SMP that need to be clarified so that everyone understands what is meant. She was glad to see the
comment in the retreat notes by Development Services Director Hope said Ecology's June 2016 guidance
will be incorporated into the CAO. She encouraged the Council to ensure the language is clear and
understandable, that a clear process for selecting a qualified professional for site specific study is
established including who pays for it and to encourage or require peer review, and to ensure the study is
unbiased. The Edmonds Marsh is an incredible asset that does not exist elsewhere in the region. She
encouraged all parties to take the time necessary to ensure the language in the SMP is very clear.
Joe Scordino, Edmonds, retired fisheries biologist, said he submitted comments to the Council under his
own signature as well as comments from Save Our Marsh. He summarized their suggestion, an Option D
that would add specificity into Footnote 18 on what the study needs to encompassed. They are concerned
about the use of conceptual terms such as no net loss in a study and would rather have specific directions
included in the SMP regarding what the study should entail. They also want the SMP to be very clear
about who is the decision maker; in their view, the Council should be the decision maker as the decision
is being deferred until a report is provided. They recommend the Council make a decision on the
appropriate buffer width in public meetings using all aspects in a study. He also recommended Option D
clearly define where the buffers starts which is currently a gray area. Ecology has indicated a willingness
to assist with developing a hybrid OHWM based on the law and Edmonds Marsh's unique circumstances.
He also urged the Council to take a close look at other aspects of the SMP such as definitions, noting the
Edmonds Marsh is included in the SMP but does not really fit.
Roger Hertrich, Edmonds, referred to a topic he mentioned last week about how the Police Department
handled a situation. After speaking with Chief Compaan, he wanted to address Mayor Earling publicly
about the "a group of police who operate in what I call a Gestapo style." He referred to a raid on Engels
Tavern over a week ago where 12-15 officers were present to arrest a female bartender and patrons were
told to leave. He asserted police activity, overseen by Mayor Earling, was out of hand; that that many
officers were not necessary to apprehend one person and the police closed the business in the process. He
referred to having a safe city, stating he did not safe when that many police raided a local business. He
concluded Mayor Earling was responsible for the out of hand police harassment and suggested he solve
the problem.
Alex Witenberg, Edmonds, referred to the proposed ordinance to return to Council committees. Before
adopting the ordinance, he urged the Council to ensure clear policies are established for the operation of
committee meetings and to establish the same policies all three committees. Council meetings are
currently televised live and online with the exception of the retreat and interviews conducted in the jury
meeting room which are open to the public. It is unclear in the proposal which committees if any would
be televised or video -recorded, possibly only the committee meeting in Chambers or possibly none of
them which he viewed as a step backward. At the retreat, the Council discussed how well they were
making themselves available to the public; he recommended keeping that question in mind when
considering the ordinance as well as how committee meetings will operate. Another issue is public
comment; currently the public has an opportunity to comment on issues before they are approved by
Council. If public comment is not allowed at committee meetings as proposed, there is no opportunity for
public comment if an item is placed on the Consent Agenda for the following meeting, forcing the public
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to call each Councilmember individually or send an email that may or may not be read. He recommended
retaining the opportunity for public comment at committee meetings and having the meetings video-
recorded and available on the City's website to achieve the goal of transparency.
6. PUBLIC HEARINGS
PUBLIC HEARING ON HIGHWAY 99 SUBAREA PLAN
Development Services Director Shane Hope introduced the Highway 99 Subarea Plan. Materials in packet
including draft plan, Planning Board minutes and other materials and public comments online. she
introduced John Fregonese, Principal, Fregonese Associates. Mr. Fregonese provided an aerial of the
project area on Highway 99. He reviewed:
• Planning Process
o March - April 2016: Understanding existing conditions
o April - June 2016:
o April - Nov 2016: Develop land use and transportation scenarios
o Oct - Dec 2016: Develop Sub -Area Draft plan
o Dec - Feb 2017: Final Sub -Area Plan
• March 2016 Public Workshop
o Identified opportunities for new housing and business, community centers and services, and
infrastructure upgrades
o What did the public want?
• May 2016 Open House
o Revealed near and long-term development and transportation opportunities and its impacts
• November 2016 Open House
o Revealed implementation strategies and policy recommendations
o Public had opportunity to review the recommendations at the Open House and online and
provide feedback
o Community values:
• Connectivity
• Destinations
• Beautification
■ Safety
■ Walkability
■ Affordable housing
■ Healthy businesses
• Distinct Subdistricts
o Major local and regional destinations on Hwy 99
■ International District
- Diverse restaurants, grocers and shops; major Korean business cluster
Health District
- Swedish Hospital and medical offices
• Gateway District
- Identified by the community during workshop
- Desire for "gateway" and distinct transition point in and out of Edmonds
Long segments without crossings
o Central area requires 10 -minute walk to find safe crossing
Housing development
n Widespread desire for housing, particularly in south
Mixed Use Development
o Widespread desire for mixed use, particularly in south and central
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Pedestrian Crossing
o More mid -block crossings throughout
Key Assets in Corridor Area
o Opportunity to build on the momentum of ongoing improvements in Shoreline along Hwy 99
o High-quality transit facilities already in place providing links to housing, jobs and amenities
in the region
o Distinct districts already emerging — International and Health Districts — that provide core
services and
o amenities
o Already a mixed-use district with retail uses adjacent to single- and multi -family housing
o Business, developer community and residents are ready to see positive changes to create a
safe, walkable, healthy place
Mr. Fregonese reviewed Implementation Strategies, Policy Recommendations + Actions
• Draft Zoning & Development Recommendations
o Strengthen Economic Opportunity
• Support unique business clusters such as International District and Health District
• Major auto sales facilities remain important to the local economy. Pedestrian Activity
Zone standard will allow auto sales to continue business as usual
■ Strengthen and continue support for business orgs. in county and state
• Pursue broadband internet throughout corridor to attract high-tech business investment
• Consider unique designs for streetscape improvements such as signage and lighting
o Encourage Sustainable Building Practices
• Transit and pedestrian -friendly development with less reliance on automobile trips,
should be promoted through new design standards
• Consider requiring electric vehicle charging facilities especially within new residential
developments and bicycle facilities
■ Encourage use of solar panels and green building practices
o Map of proposed update to Comprehensive Plan designations
• Health District
• International District
• Gateway District
o Current Zoning Map
• The only difference between CG and CG2 is the height limit (CG = 60' and CG2 = 75')
■ Many current zones are remnants from the counties antiquated zoning
• Many zones do not match with the parcel boundaries
o Proposed Zoning Map
■ The proposal is to change these zones to the consolidated CG zone
• Incorporate design standards directly into zones to ensure scale transition into
neighborhoods
• More predictable outcomes for community
o Comprehensive Plan Map
■ New zoning is consistent with the Comprehensive Plan map
o Strengthen current design standards
• Incorporate them directly into the zoning code
• Consideration of special circumstances within the corridor will be made to ensure the
standards are feasible, such as large parcels that would have multiple buildings if
redeveloped and parcels with unique access or transportation challenges may require a
modified approach to the design standards.
o Changes to Access and Parking
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• Issue Today: current standards allow too much parking in the front of buildings, which
negatively effects the pedestrian environment and hinders redevelopment potential
o Existing District -based Design Standards Hwy 99 Corridor CG/CG2 - criteria
■ Access and Parking
- Not more than 50 percent of total project parking spaces may be located between the
building's front facade and the primary street. Parking lots may not be located on
corner locations adjacent to public streets
o Recommended Design Standards for Urban Areas
• Parking Predominately on Side or Rear
- Parking areas may comprise 40% or less of street frontage
- Better design than current standard: no more than 50% of total project parking spaces
may be located between building's front fagade and the primary street
Buildings on the Street Frontage
- Primary Frontage - min. 50% of primary street frontage should have buildings within
10 feet of front property line (at the edge of Pedestrian Activity Zone)
- All Other Frontages - 50% of side and rear street frontages to have buildings, walls,
or hedges at least 4 feet in height, within 10 ft of property line
Ground Floor Transparency
- 50% of Primary Frontage building fagade within 10 feet of frontage lot line be made
of transparent windows and doors. All other building frontages require 30%
transparency.
o Current Standards
• Screening and Buffering - Parking lots
- Type IV landscaping, minimum four feet wide, is required along all street frontages.
➢ This standard creates landscaped barriers between pedestrians and buildings
rather than enhancing a safe and comfortable pedestrian zone
o Changes to Screening and Buffering "Pedestrian Activity Zone"
■ Replace with required 10 -foot Pedestrian Activity Zone
- Allows for a range of active uses like sidewalk cafes and amenities such as public art,
street furniture, street trees, bus shelters, pavement patterns, lighting, etc.
- Expanded Sidewalk Width
■ Amenity Space
- Outdoor amenity space, such as landscaping, benches, etc. should be required in
conjunction with development
- A portion of the required amenity space should be provided as common space and
may include pedestrian areas
o New Stepback Design Standards
■ No current stepback regulations exist
• Purpose: Ensure a transition in height and bulk between multifamily/mixed-use buildings
in commercial zones and adjacent single family zones, while enabling more housing
options to be built adjacent to Hwy 99
o Recommended Front Setback for Multifamily and Mixed -Use Adjacent to Single Family
Zones
■ GROUND FLOOR SETBACK
- For frontages on Highway 99, require a front setback of 10 feet to accommodate a
Pedestrian Activity Zone.
- For frontages not on Highway 99, reduce frontage setbacks to 5 foot and encourage
enhanced pedestrian realm (larger sidewalks, useable landscaping, etc.).
- Keep current 15 feet setback and 10' landscaping requirements for lot line adjacency
with single family zones.
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o Recommended Front Stepback for Multifamily and Mixed -Use Adjacent to Single Family
Zones
• UPPER FLOOR SETBACK
- Zero setback up to 25 feet in height (30 feet is the maximum height in RM 1.5, which
is the predominant zone surrounding the commercial zones on Highway 99).
- 10 foot setback beyond 25 feet in height on sides with lot line adjacency to single
family zones
- 20 foot setback beyond 55 feet in height on sides with lot line adjacency to single
family zones
- 8 foot stepback beyond 30 feet in height on sides across a street from single family
zones
- Stepback areas can be used for active outdoor space such as balconies.
o Recommended Transit -Supportive Parking Standards
■ Reduce minimums; follow market demand for parking
- Residential
➢ Current: Studio: 1.2 / 1 -Bedroom: 1.5 / 2 -Bedroom: 1.8 / 3 -Bedroom: 2
➢ Recommended: One space per unit that is less than 700 sq. ft.
- Commercial
➢ Current: 2.5 per 1,000 square feet (1 per 400 sq ft)
➢ Recommended: 2 per 1,000 square feet
- Exempt first 3,000 sq ft of commercial uses within mixed-use buildings that have a
shared parking plan (parking study and management plan)
➢ Reduces cost burden for small, local entrepreneurs
➢ Staff decision on compliance
Mr. Fregonese continued his review:
Draft Affordable Housing Recommendations
o Define Hwy 99 area as a "target area" to allow Multi -Family Tax Exemption (MFTE)
projects
• Pass ordinance to enable MFTE project in Hwy 99 area
• All residential -portion of building value tax exempt for 12 years with at least 20%
affordable units
o Continue to enhance fee waiver program for affordable housing
• Enhance its City program to allow the reduction of transportation and park impact fees
for projects that include affordable housing
o Mixed -Use, Mixed -Income Demonstration Project
■ Identify site with willing owner or City purchase/transferrable option
• Actively recruit developers (non-profit; public-private)
• Pilot project for new MFTE and fee waiver programs, and other possible special
assessment districts
o Other Affordable Housing and Infrastructure Finance Recommendations
• Key Financing Tools and Funding Sources to Pursue
- City Fund for Redevelopment and Affordable Housing
- Community Renewal Area (CRA) - used in Shoreline
- Hospital Benefit Zone (HBZ) Financing Program
- Local Infrastructure Project Area (LIPA) Financing
- Landscape Conservation and Local Improvement Program (LCLIP)
- Low Income Housing Tax Credits (LIHTC)
- HUD HOME Program
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- HUD CDBG Program
- Enterprise Community Partiers Regional Equitable Development Initiative
Draft Signage & Wayfinding Recommendations
o Gateway Signage at Hwy 99/Hwy 104 interchange
o Transit Gateway Signage/Station at Hwy 99/228th
o Improve wayfinding signage along corridor
■ Identify downtown, Lake Ballinger, multiuse path (Interurban Trail), new regional rail,
International District, Health District, other activity nodes
o Unique District Design Identity
■ Branding, public/local art, street furniture, unique bus shelter designs, pavement patterns,
special lighting fixtures, colored crosswalks, banners, etc.
o Prohibit new pole signs
Draft Transportation Recommendations
o Improve Transit Transfers:
• Unify/consolidate BRT and local transit stops to reduce walking distance for transfers
o Hwy 99 and 228th will be Key Intersection
■ 228th will connect Edmonds to regional rail in Mountlake Terrace.
■ Shuttle/transit service from Hwy 99 to regional rail station
• Consolidated transit stop at 228th
• New BRT station
■ Clear signage
• High quality bike connection on 228th
o Incentivize Alternative Transportation Options:
■ Car Share/Bike Share
• On-site bike parking
■ Ride sharing services (Uber, Lyft)
■ Electric car charging stations
■ Incentives: Impact fee reductions and parking requirement offsets for providing dedicated
accommodating alternative transportation options on-site
Draft Transportation Infrastructure Recommendations
o Expand use of grant programs to fund safety improvements and pedestrian facilities
■ Safe Route to School Program
• Pedestrian and Bicycle Program
• Highway Safety Improvements Program (HSIP)
• Congestion Mitigation & Air Quality Program (CMAQ)
o Proposed Short & Long-Term Transportation Improvements
■ Transportation Goals:
- Improve pedestrian safety and access to/from Hwy 99 corridor
- Improve pedestrian environment along Hwy 99 corridor
- Safe pedestrian crossing of Hwy 99 and access to transit
- Improved transit mobility and transit stop environment
- Improved traffic flow and general safety with access management
• Key Recommended Transportation Improvements
- Close the most significant gap in the pedestrian crossings within the corridor
- 238th to 228th - a distance of 3,700 ft. - has no controlled pedestrian crossing
- Improve pedestrian access from the south at the SR 104 interchange
- Long-term recommendation: Reconfigure ramps to conventional 90-degree stop
control intersections
- Short-term recommendation: install Rectangular Rapid Flashing Beacons (RRFB's)
with high visibility crosswalk
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- Encourage walking and biking to access plan Highway 99 from surrounding
neighborhoods
- "Complete Streets" - sidewalks, safety lighting, street lighting, pedestrian -scaled
lighting, drainage improvements, etc.
- Streets that can be safely traveled by pedestrians and bicyclists
experience travel during the day
- Improve connections between transit and major employment centers
➢ Swift Stations at 216th and the Swedish Hospital Campus:
pedestrian walkway system within campus with wayfinding
o Maps of Planned Transportation Improvements and Project Supportive
Improvements, identifying the location of:
■ Improvement Index Number
• Existing Signalized Intersection and Ped Xing
■ Proposed New Traffic Signal and Pedestrian Crossing
• Intersection Safety & Capacity Improvements
• New Bike Route Designation
• New Class II Bicycle Lanes
• Street Improvements for Pedestrians
• Access Management (Raised Medians)
• Pedestrian Hybrid Signal (HAWK)
o Photographs of:
• Health District Gateway
- Today
- With initial public investments
- With corresponding private investments
* SW 234th
at night will
Implement a
Transportation
- Today
- With initial public investments
- With corresponding private investment
Next Steps:
o March 21 - City Council Hearing of Subarea Plan
o March 22 - Open House for Planned Action EIS
o April 12 - Planning Board public hearing on Development Code Amendments and Planned
Action Ordinance (PAO)
o May 9 - City Council public hearing on Dev. Code and PAO
o June 5 - Subarea Plan, Dev. Code Amendments and PAO Adoption
Further information such as project updates, workshop results, upcoming events and more are available at
www.EdmondsHWY99.org.
Councilmember Buckshnis said the packet is very thorough and well done and can address any questions
the public has.
Councilmember Teitzel referred to the Burlington Coat Factory property in the Gateway District and the
Ranch Market in the International District, recalling Mr. Fregonese saying it may not be possible to
redevelop certain areas like those in close proximity to the street. He asked what was envisioned for
properties like those. Mr. Fregonese said in those situations, they recommend a functional slip lane where
there is a major road with a smaller road for parking. A 1-2 lane parking lot with good crossings could be
located in front of the building with pedestrian aspects to buffer pedestrians from the road. There may be
places where the building could be located close to the road but have parking in front in areas where it is
not feasible to walk along the road. Ms. Hope said the details would be specified in the code.
Edmonds City Council Approved Minutes
February 21, 2017
Page 11
Councilmember Nelson recognized this is a very ambitious plan that will provide more housing and more
affordable housing. He requested Recommendation 2.3, the use of solar panels and green building
practices even beyond current standards should be encouraged, be emphasized. If the goal is new
development, it needs to be done in an environmentally sensitive way and provide opportunities for solar
power and renewable energy sources. Mr. Fregonese agreed, commenting solar is becoming one of the
cheapest sources new of new power, and is much more feasible than it was five years ago.
Councilmember Tibbott referred to the commercial district around the medical center, a service industry
that provides some commercial. He asked what kind of tax base those services provide the City and what
other services were envisioned that would create economic development for the City. Mr. Fregonese
answered uses that occur around a medical facility such as Swedish Hospital include medical offices,
pharmacies, medical devices, imaging, etc. as well as uses that serve employees and customers of the
hospital such as restaurants, coffee shops, personal services, etc. He summarized uses would include a
mixture of those found in any employment concentrated area plus specific medical services.
Councilmember Tibbott asked if his studies found opportunity for additional services in that area that
justify making it a designated area on Highway 99. Mr. Fregonese answered yes, noting Swedish Hospital
is not done expanding. The area is underserved now; there is a campus but not a lot of the services found
around a more mature hospital to serve the hospital's customers and employees.
Councilmember Fraley-Monillas observed the presentation did not identify specific types of affordable
housing such as low income or senior housing. Mr. Fregonese answered there is a variety of housing, it is
all feasible and these types of buildings are great for senior housing and low income housing but they
have not specified a target. Ms. Hope said some market rate housing is also expected. Affordable housing
is a range of housing that includes low income, moderate income, workforce housing, etc. Market rate
housing would help ensure it is a viable, lively neighborhood. Mr. Fregonese said proformas were done
on all the redevelopment sites and designed at or slightly below the median market rate without
assistance/subsidy that 45% of median income could afford to rent. Market rate housing is not luxury
housing; it is affordable to working incomes without a subsidy. The density and lack of parking means
projects can be at lower, more competitive rates which allows the subsidy to go further for the affordable
component.
Councilmember Fraley-Monillas commented affordable housing is not necessarily affordable for low
income or seniors on a fixed income such as on Social Security. She relayed her understanding that that
would all be possible, but it would depend on the interest of the property owners. Mr. Fregonese
answered it will depend on the interest of the property owner and the advocacy of the lower income
housing community to partner. He referred to the recommendation to do a mixed income housing
demonstration project, an area where the City can provide leadership on a private-public partnership that
will provide market rate housing and affordable housing of some type. A demonstration project will put in
place a path forward to catalyze other development. That cannot be regulated; the City will need to be
opportunistic and look for partners to put that together.
Councilmember Fraley-Monillas asked about the plans for 238th near Safeway where the primary
crossings are located and where people congregate to catch SWIFT. Mr. Fregonese referred to the map,
identifying a bike path, pedestrian enhance, SWIFT stops on both sides, access controls, and a pedestrian
crossing in that area. Councilmember Fraley-Monillas asked if there were plans for any housing in that
area. Mr. Fregonese pointed out properties (purple on the map) where redevelopment was most feasible.
He assured that was just a guess, it could happen anywhere but newer buildings or properties with an
active business were unlikely to redevelop.
Mayor Earling opened the public participation portion of the public hearing.
Edmonds City Council Approved Minutes
February 21, 2017
Page 12
Wendy Kendall, Edmonds, referred to the photograph of the SW 234h intersection on Highway 99
where it appeared lanes were lost. She expressed concern with the existing traffic on Highway 99 and
feared additional signals would further affect traffic flow. She asked if there was any prediction on
property tax increases for residences within a couple blocks of Highway 99.
Rich Senderoff, Edmonds, recalled when he served on a previous Economic Development Commission,
there was often discussion about the concept of a hotel on Highway 99, especially one near the hospital.
When Swedish first acquired Stevens, representatives making a presentation to the EDC also talked about
the need for hotel for people visiting patients that could also serve players and patrons of the nearby ice
rink where Pac-12 hockey is played. In addition to residential, he suggested including concepts that would
attract a hotel group and possibly involving Swedish Hospital in that effort.
Marjory Green, Edmonds, asked whether the new buildings would be higher. She has heard there will
be major changes at Mill Park Condominiums at 224`h & Highway 99 and asked if there were any plans
for changes in that area.
Rebecca Wolfe, Edmonds, suggested the City contact American Council for an Energy -Efficient
Economy, ACEEE.org who has stated through more conservation and clean renewable energy such as
wind and solar, the United States can be completely off fossil fuels by 2030. She encouraged the Council
to think of every possibility to save energy for renters.
Robert Siew, owner of the property where Burlington Coat Factory is currently located, said the design
requirement to have building close to the road works great if the traffic is slow and there is parking on
both sides but it is difficult to achieve on all parcels on Highway 99 and imposing a uniform requirement
may impede the design for specific developers. His property is a classic example; he has attended all the
Highway 99 Subarea Plan meetings and has been in contact with Ms. Hope and the design consultant who
are aware of his concerns. There are only a few large parcels on Highway 99 like theirs such as Aurora
Marketplace and Ranch Market. For large parcels, especially those with existing buildings with tenants, it
is difficult to develop the entire parcel at once because a new building at the street will block the existing
business' visibility. They are anxious to try a mixed-use development on the former McFinster's site with
retail on the bottom floor and residential above. They have a 30 -year lease with Burlington who does not
want anything further west than their building that would block their visibility. With that requirement,
they will not be able to redevelop the restaurant property. He encouraged the Council to allow as much
flexibility as possible to address issues on specific parcels to avoid impeding development.
Imad Bahbah, Principal, IHB Architects, Kent, said lie represents a developer who has leen through
the pre -application process for a housing mixed use project off 238`h. He expressed support for the
Council's approval of the Highway 99 Subarea Plan in hopes of gaining developer incentives. The initial
proposal was .75 stalls per unit and was increased to 1.0 for 700 square feet. He encouraged the Council
to reduce that to stay competitive particularly in a transit -oriented zone and inquired about the parking
ratio for units over 700 square feet. They postponed their project to see how the plan develops and in
hopes of better incentives including the MFTE. He encouraged Council to approve the Subarea Plan so
they can proceed with development of their project, 7 stories, approximately 68 units if the parking ratios
work, and about 4500 square feet of retail on the first level, pedestrian oriented, etc. He was glad to hear
the community and citizens in the area were supportive of housing in the area and suggested publicizing
that on the City's website attract to development.
Susie Schaefer, Edmonds, suggested including incentives for native plants in the plan. She saw this as a
great opportunity because native plants have a better chance for survival, plants and trees makes it more
Edmonds City Council Approved Minutes
February 21, 2017
Page 13
of a neighborhood and make an area more inviting. She pointed out Shoreline is looking a lot better and
native plants give a place class.
Bee Wilson, Edmonds, said she lives downtown but has grandchildren and great-grandchildren growing
up near 228t" & 80"'. She thanked the Council for the study. As the plan will lead to more people, roof
space, etc. she suggested including raingardens and bioswales in the plan as well as considering pervious
pavement.
Stanley Piha, Edmonds, a member of the former Highway 99 Task Force, acknowledged the work done
by staff and the consultant on the plan. He supported blanketing the subarea with the General Commercial
Zone including parcels that are currently zoned RM2.4.
Glenda Smith, Edmonds, said she lives close to Ranch Market and is very worried about the proposed
plan. At a recent Mill Park Condominium HOA meeting, the Board informed her that half their building
is residential and the other half is commercial. She lives in the half that is zoned commercial and is
worried they may be bought out. She asked whether that was a possibility.
Patrick Doherty, speaking on behalf of the Economic Development Commission, summarized a memo
the Commission emailed to the Council:
• Commercial development is important within the corridor. Would like to see a commercial
component in mixed use building
• It is important that the Council act quickly on plan. There is interest from the development
community, want to capitalize on the current economic climate.
• Once the plan and zoning are approved, an open house or event should be held to attract
developers to the community.
• Supportive of any incentives for development
• Supportive of proposal to find a way to create a catalyst project
• Interested in more specificity regarding how to enhance the sense of the International District as a
special place
Seth Hale, Seattle, an architect, recommended the Council adopt a plan that will provide a lot of design
flexibility, and give architects an opportunity to provide design alternatives and create unique
environments. With regard to the stepbacks, he observed the proposal for an 8 -foot stepback for property
across the street from residential at 30 feet above the street. He suggested the height be coordinated with
the stepback for properties adjacent to single family so that the stepback for a building on a corner would
occur at the same location. He pointed out 30 feet is an awkward elevation for that change as typically the
first floor would be 15 feet and upper residential floors 10 feet.
Bruce Witenberg, Edmonds, congratulated the Development Services Department on the public process
for the Highway 99 Subarea Plan. The public meetings were well attended and included thoughtful
questions and commentary. Despite the long process, he echoed the concerns of some citizens that the
draft plan has only been available to the public for a week. The breadth of this plan is unlike anything the
City has contemplated recently, affecting several square miles and residents need additional time to
absorb the complexities presented in the plan and to continue to offer input. He was glad the schedule
offers these opportunities. After a brief review, he offered the following comments:
➢ Would like to see further discussion of the transportation study and hoped the study would take into
account the plan's effect on some of the most affordable housing in Edmonds, the single family
residences in and beyond the proposed zoning in the plan.
The plan identifies Gateway, latera-tional and Hospital Districts but he could not visualize where
additional housing necessary to help the City achieve its GMA targets would be located in the
Gateway District.
Edmonds City Council Approved Minutes
February 21, 2017
Page 14
➢ Shaded areas (packet page 257) identifying housing development, do not show the number units or
residents and he recommended providing more specificity.
➢ Strongly support transit oriented development including limited parking for multi -family residential
units off the Highway 99 corridor. Limiting the amount of parking, perhaps even more than the plans
suggests, is a good method for accomplishing the goal of transit oriented affordable housing.
He looked forward to having additional opportunities to comment on the plan. He agreed with Mr.
Senderoff s comments about a hotel on Highway 99 and summarized the redevelopment plan for the
highway was generally quite exciting and if brought to fruition would greatly enhance Edmonds' portion
of Highway 99.
Hearing no further comment, Mayor Earling closed the public hearing.
Mayor Earling advised another public hearing is scheduled on March 21. Ms. Hope said there will be
several more opportunities for public input. This is the first public hearing before the City Council; the
Planning Board held a public hearing and an earlier draft of the plan was available to the public. No
decisions are requested tonight. She offered to develop a Q&A response for the questions that arose
during the public hearing as well as talk to individuals with specific questions. The EIS will also answer
some questions. Mayor Earling summarized this a work in progress; this is the first step as far as the
Council having an opportunity to ask questions and hear public comment.
ACTION ITEMS
1. ORDINANCE REQUIRING THE REPORTING OF LOST OR STOLEN FIREARMS
Councilmember Nelson reported since the Council last considered this ordinance, he spoke with Beth
Ford, Lighthouse Law Group, and Seattle's City Attorney as well as Seattle Councilmember Tim
Burgess, the author of Seattle's ordinance. Ms. Ford was satisfied with information she received from
Seattle's City Attorney regarding the ordinance.
Councilmember Nelson pointed out the Department of Justice views lost and stolen firearms as posing a
substantial threat to public safety and law enforcement. He believed the proposed ordinance would, 1)
promote public safety by enabling law enforcement to better track illegal guns used in the commission of
crimes, 2) help return lost guns to their rightful owners, and 3) protect gun owners from being wrongly
implicated in crimes committed with their lost or stolen guns. As a gun owner, he did not take anything to
do with firearms lightly. The Pledge of Alliance says liberty and justice for all; he asked where was the
justice for the thousands of victims who have are killed every year by guns that citizens fail to report as
stolen or missing.
Councilmember Buckshnis explained she raised this with Councilmember Nelson last October. She was
shocked by the number of guns that are stolen, used in crimes and the number of children killed by guns
that were not stored safely. She offered to provide the data she had collected, noting a great deal of
information was available from Everytown for Gun Safety. She expressed her support for the ordinance.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
TO APPROVE ORDINANCE 4060, AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REQUIRING THE REPORTING OF LOST AND STOLEN FIREARMS.
MOTION CARRIED UNANIMOUSLY.
2. CITY COUNCIL MEETING FORMAT AND POTENTIAL COMMITTEE STRUCTURE
Council President Mesaros explained the proposal is for three committees; the key issue is the format of
the meetings. The proposal is for committees to meet on the I" and 3rd Tuesdays from 7:15 — 8:15 p.m.,
Edmonds City Council Approved Minutes
February 21, 2017
Page 15
followed by a shorter City Council meeting. It was not anticipated the work of the committee would be
addressed in the following Council meeting but at the next Council meeting. There will be opportunity for
citizens to comment on the work of the committee during Audience comment at the City Council meeting
that follows the committee meeting.
Councilmember Buckshnis explained she has been on the City Council for seven years , participated in
the former committee structure and was instrumental in moving to the study session structure when it was
recommended by a communications consultant. She preferred not to have an ordinance that binds future
Councils and limits the ability to return to study sessions. She respectfully disagreed with City Attorney
Jeff Taraday that an ordinance was necessary. She was told that for 30+ years, the Council had had
committee meetings on the 2"d Tuesday of the month, there was no ordinance, it worked fine, meetings
were not videoed and at first did not allow public comment but later included public comment. She
opposed limiting committee meetings to one hour and having committee meetings twice a month. She
preferred to return to the original structure of one meeting a month on the 2nd Tuesday and to have the last
Council meeting of the month be a study session. Limiting committee meetings to one hour stifles the
content and the interaction between committee members and staff as well as the ability to discuss other
issues.
Councilmember Fraley-Monillas agreed with Councilmember Buckshnis, recalling committees were
previously held the 2" Tuesday of the month for varying lengths of time depending on the agenda items.
The purpose of committee meetings is to streamline the Council's work by addressing smaller issues in
committee and larger issues at the; the committee do not make decisions, they provide recommendations
to the Council. She did not like the idea of committee meetings followed by a Council meeting and
preferred to have only committee meetings on that night. One of the reasons Council committees became
unhelpful was allowing the public to participate in discussions. She did not support having one-hour
committee meetings twice a month followed by a Council meeting.
Councilmember Teitzel agreed with Councilmember Buckshnis; if there is not a legal requirement to
codify the change in an ordinance, he preferred it be a guideline so there is more flexibility to change the
structure in the future as well as provide flexibility to future Councils. He agreed with the public comment
about transparency in committee meetings and recommended the meetings be audio or video recorded so
the content is searchable by citizens.
Councilmember Tibbott saw the merits of a once a month meeting, recalling that was what lie thought the
original proposal was. He was willing try committee meetings on the 15t and 3`d Tuesday to see if it helps
functionality for staff bringing items to Council. He supported the one-hour time limit, finding it
reasonable to accomplish the committee meeting follow by a shorter Council meeting. He saw merit in
both proposals, one or two committee meetings per month and was willing to try the format outlined by
Council President Mesaros. With regard to transparency, he said an audio recording would be adequate to
preserve the discussion and allow it to be accessed if necessary. He suggested leaving the matter of
whether an ordinance was required to the City Attorney.
Councilmember Johnson said the most important thing about study sessions is an opportunity to talk
directly with staff; how that is accomplished is up to the Council. She did not think the Council needed 4
business meetings a month; 1-2 study sessions and 2 business meetings should allow the Council to
accomplish its work.
Mayor Earling observed there were several different thoughts and suggested delaying a decision until all
Councilmembers were present on the dais. Council President Mesaros said he thought there was
consensus last week. He asked the City Attorney's opinion about whether the procedures needed to be
codified in an ordinance or if they could be established as a procedure. City Attorney Beth Ford said she
Edmonds City Council Approved Minutes
February 21, 2017
Page 16
was not as familiar with this as Jeff Taraday; her understanding was it did not need to be codified but it
would be prudent to ask Mr. Taraday. Council President Mesaros recommended postponing this item
until March 7 or 14.
Mayor Earling declared a brief recess.
8. STUDY ITEMS
PRELIMINARY DECEMBER 2016 QUARTERLY FINANCIAL REPORT
Assistant Finance Director Dave Turley presented:
• 2016 Financial Highlights
o Total interest income for the year came to $437,356, an increase of more than $100,000 over
2015
o Restructured our vehicle insurance, saving approximately $5,000 annually
o Made the last Public Safety Bond payment early, saving the City $13,000 in interest expense
o Largely through the efforts of Finance Director Scott James and City Attorney Jeff Taraday,
Edmonds was able to renegotiate the contract with Fire District 1, saving the City over $1.3
million
• General Fund Revenue 2016 compared to 2015
o General Fund revenue approximately $1.6 million ahead of 2015
o Total General Fund and Subfund revenue approximately $4 million ahead of 2015
o Building Maintenance Fund revenue higher than 2015 due to grants funds, much of it for the
fishing pier rehabilitation project
• Sales Tax by sources — 12 months ended December 31, 2016
o Biggest contributor was retail automotive, followed by contractors and retail eat and drinking
establishments
• General fund expenditures — 2016 budget compared to actual
o $800,000 in the Contingency Reserve represents funds budget for a FDI payment; transfer
not made to the General Fund because the General Fund had adequate cash to cover the
payment
Funds set aside for the next expected retro payment
o Well within statutory budget for the General Fund and its Subfunds, approximately 5.7%
under budget
• Special Revenue Fund — Revenues and Expenditures
o Comparable to last year
o Large difference in combined Street Construction/Improvement Fund 112 is due to timing of
grant receipts
o Expenditures are less than budgeted amounts, typically represents project budgets that will be
carried over to the following year
• Propriety (Utility) Fund Revenues and Expenditures
o Revenues significant lower than 2015 due to $18.4 million in proceeds from revenue bonds
issued June 2015
o Expenses lower than budget, most of it represents project budgets that will be carried into
2017.
• Investment activities
o Graph of Edmonds Rate of return compared to benchmark rate (6 month Treasury Bill),
January — December 2016
• Edmonds' rate of return greater than benchmark rate
o Graph of Annual Interest Income 2011-2016
Edmonds City Council Approved Minutes
February 21, 2017
Page 17
■ Cash reserves have been invested in federally insured bonds in recent years which has
resulted in a significant increase in interest income, generating over $437,000 in 2016.
Councilmember Buckshnis referred to $800,000 in the Contingency Reserve Fund set aside for the Fire
District 1 payment. However, the footnote refers to an interfund loan for Fund 112. She asked whether the
$800,000 was to pay back an interfund loan and then targeted for FD1 payment. Finance Director Scott
James explained the City received a retro bill from FDI for $1.6 million. The City was able to negotiate a
2 -year payment and the first payment was made in 2015 from the Contingency Fund. The 2016 budget
included an additional $800,000 transfer from the General Fund. General Fund revenues exceeded
expectations so the $800,000 was not used and staff recommended retaining the $800,000 in the
Contingency Reserve for the next FDI retro payment. Councilmember Buckshnis suggested revising
Footnote 6.
Councilmember Buckshnis referred to the investment portfolio summary and asked if most of the funds
were in the Snohomish County Pool. Mr. Turley answered funds are invested in four places, the City's
checking account, the State Local Investment Pool, the County Local Investment Pool and in bonds. As
the County Pool pays more than the State pool, a little more is kept in the State Pool than the County Pool
and the balance in bonds. Councilmember Buckshnis commended staff on the wonderful report.
Councilmember Teitzel referred to Expenditures by Fund — Detail (packet page 409) that shows
construction projects have dramatically underrun the budgeted expenditure at approximately 44%,
suggesting some very large projects will be carried over into 2017. He asked what projects that
represented. Mr. James referred to a memo provided to Council a few weeks ago regarding projects that
were not completed in 2016. Public Works Director Phil Williams said the biggest one is 76`h/212t"
project, an $8 million project anticipated to be constructed in 2016 but due to the bids received, it was
delayed until 2017. There is also $300,000 for horns at Main and Dayton as well as several other projects
that were delayed in part because construction did not start as soon as expected and will be completed in
2017.
2. 92ND AVENUE WEST STREET VACATION
Senior Planner Kernen Lien advised this was intended to be action item. He reviewed:
• Process
o October 4, 2016 - Set public hearing by Resolution No. 1371
o November 1, 2016 - Held public hearing
o November 15, 2016 — Adopted Resolution of Intent to Vacate No. 1375
o Applicant had 90 days to address seven conditions in Resolution No. 1375
o Applicant submitted materials to meet conditions on February 9, 2017 (86 days after passage
of Resolution No. 1375)
Condition 1 — Modify Vacation Area
o Initial request included a 1000 segment on west side 92nd. Due to street alignment concerns,
City did not want to vacate northern 10x30 segment.
o Map of revised vacated area and revised legal description in packet
Condition 2 — Storm Water Facilities
o Assume ownership of storm water
o Westgate Chapel agrees to assume full ownership and maintenance responsibilities for
stormwater facilities Provide easements
• Conditions 3 & 4 - Easements
o Provide easements to Olympic View Water & Sewer District
o Provide easements for other dry utilities
o Easements have been provided for OVWSD, PSE, and PUD
Edmonds City Council Approved Minutes
February 21, 2017
Page 18
• Condition 5 — Monetary Compensation
o Westgate has submitted a check for $92,610 which is one-half of the appraised value of the
area to be vacated
• Condition 6 & 7 - Fire Safety
o Acknowledge fire access easement if necessary with future development
o Acknowledge rotating of fire hydrant if the vacated 92nd Ave becomes unusable, blocked or
removed thereby denying emergency access
o Westgate Chapel has acknowledged both of these conditions
• Conditions of Resolution of Intent No. 1375 have been met
• Draft ordinance in agenda packet to complete the vacation
o Staff recommends Council approval of the ordinance
COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
APPROVE ORDINANCE NO. 4061, AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING THAT PORTION OF 92ND AVENUE WEST LYING SOUTH OF
228TH STREET SOUTHWEST AS SET FORTH IN THE RESOLUTION OF INTENT NO. 1375.
Councilmember Teitzel referred to a citizen comment expressing concern with the required compensation
when vacating the property to the church is beneficial to the public. He asked why the City was requiring
compensation to vacate the property, how the amount was determined and if there was precedent for
charging for vacations such as this. Mr. Lien answered the City's vacation ordinance allows the City to
seek monetary compensation of up to half the assessed value; the State ordinance allows the City to seek
full compensation. During the public hearing or adoption of the resolution of intent, he recalled City
Attorney Jeff Taraday stating the monetary compensation was one the aspects that made the vacation in
the public interest. He displayed how the monetary compensation was determined:
• Appraisal based on multi -family as a highest and best use
o Pre -vacation
■ 171,191 square feet
114 multi -family units (RM -1.5 zone)
■ Appraised value of $2,166,000
o Post Vacation
• 191,514 square feet
■ 127 multi -family units (RM -1.5 zone)
Appraised Value $2,355,000
o Difference in appraised value of $189,000
0 228`1' Street alignment adjustment reduced compensation to $92,000
UPON ROLL CALL, MOTION CARRIED (6-1), COUNCIL PRESIDENT MESAROS AND
COUNCILMEMBERS FRALEY-MONILLAS, TEITZEL, NELSON, TIBBOTT AND BUCKSHNIS
VOTING YES; AND COUNCILMEMBER JOHNSON VOTING NO.
3. SHORELINE MASTER PROGRAM
Mayor Earling advised Council discussion would be limited to 30 minutes.
Senior Planner Kernen Lien advised Council has seen three options, two options proposed by Ecology
and one prepared by staff. Staff is not seeking a decision tonight, just discussion regarding potential
options and an opportunity to respond to Council questions.
Councilmember Johnson commented the main problem with the three options presented to Council is
they are based on a static analysis, a scientific analysis at a given point in time and do not included the
longer range planned improvements for the Edmonds Marsh. It excludes daylighting of Willow Creek,
Edmonds City Council Approved Minutes
February 21, 2017
Page 19
removal of the tide gate, dredging of a new stream channel, Marina Beach and removal of sediment from
the culvert under SR -104. To be useful, any analysis must include a projection of planned improvement
for Edmonds Marsh. Option A is based in part on the interrupted buffer concept found in the COA, an
exception that was created to allow for the spray pad in City Park for an area that was physically
separated and functionally isolated, later called an interrupted buffer. Harbor Square does not fit that
categorization. There also appears to be confusion about where the buffer begins. Staff has said for
planning purposes, the edge of the manmade berm serves that purpose; however, the State statue refers to
high water mark at the edge of the salt tolerant plants which may change over time. It is imperative there
be undisputed agreement regarding where the buffer begins to avoid problems in the future.
Councilmember Johnson supported having the City Council included in the final determination. The Port
has adopted a Harbor Square Master Plan that is inconsistent with the contract rezone and focuses on a
disallowed use and heights that are above what is allowed. She questioned why the City Council and
Ecology would want a smaller buffer when it is the edges where wildlife live, build nests, find safety and
rear their young. She did not support Options A, B or C. The City Council said they wanted a 110 foot
buffer and a 15 foot setback and that should be what the Council stands on.
Councilmember Tibbott relayed his understanding that if the Council moved forward with the 125 -foot
buffer/setback, there was no obligation to revegetate the buffer until redevelopment of properties
associated with the marsh occurred. He asked what redevelopment plan would trigger the railroad to
revegetate the buffer on the west side. Mr. Lien displayed an aerial photograph illustrating the shoreline
environments around the marsh. The buffers and setbacks the Council has been discussing apply to the
Urban Mixed Use (UMU) IV shoreline environment located on the south and north sides of the marsh and
the Willow Creek outlet. Along the City's shoreline there is a parallel shoreline designation for the
railroad right-of-way; the railroad right-of-way has its own designation and is not in UMU IV. The
opposite side of the railroad is UMU II Shoreline Conservancy follows the Willow Creek outlet and the
marsh itself is a Natural Shoreline environment. With regard to when the buffer would be established in
the UMU IV environments, in all three options as well as the 110 -foot buffer and 15 -foot setback require
establishment of the buffer with redevelopment. In this area it will be via a master planning process
because the south side of the marsh is an MP2 zone which requires it be developed with a master plan
which requires Council review and approval. Any redevelopment of Harbor Square also requires a master
plan process.
Councilmember Tibbott relayed his understanding there was no obligation to revegetate the buffer on the
south or north sides unless there was a master plan process. Mr. Lien clarified redevelopment would
trigger revegetation of the buffer. The version that the Council sent to Ecology previously said the buffer
has to be established via implementation of the master plan. It could also be voluntarily established by the
property owners outside a master plan project. Councilmember Tibbott asked if the City would work with
an entity that wanted to voluntarily revegetate the buffer. Mr. Lien answered yes. Councilmember Tibbott
summarized the City would work with a property owner who wanted to voluntarily establish the buffer;
but there was no obligation otherwise. Mr. Lien said the buffer was only required to be revegetated via
implementation of a master plan associated with redevelopment.
Councilmember Tibbott asked what would trigger revegetation of the buff on the railroad side. Mr. Lien
said there is no requirement in the SMP to establish a vegetated buffer on the railroad side. He found it
highly unlikely and was uncertain a vegetated buffer could be establish since he had never even seen a
weed growing along the railroad track. Councilmember Tibbott asked if there was a trigger to revegetate
the buffer on the east side of the marsh where the highway exists. Mr. Lien explained when the marsh was
determined to be a shoreline of state, consideration was given to what portions of the marsh were salt
tolerant or tidal influenced. He displayed aerials of the marsh from 1870 to 1964, explaining when the
marsh was designated a shoreline of the state which widened the shoreline jurisdiction, consideration was
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February 21, 2017
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given to the extent of the salt marsh boundary. He referred to the line that identified the extent of the salt
marsh boundary in a survey of the marsh done by WSDOT in 2008 during planning for the Edmonds
Crossing project. For planning purposes the boundary was established at the 2006 level that is
approximately the same as the marsh survey. The shoreline jurisdiction extends 200 feet landward of the
OHWM. Only the western portion of the marsh is a shoreline of the state and the shoreline jurisdictions
extends 200 feet beyond that. The rest of the marsh is called an associated wetland. The marsh itself is
within shoreline jurisdiction but shoreline jurisdiction does not extend 200 feet beyond the marsh; it ends
at the marsh boundary. Development beyond the marsh is subject to critical area regulations and not the
SMP. Within shoreline jurisdiction, the SMP rules; outside shoreline jurisdiction, the CAO rules.
Councilmember Tibbott asked for example if inside the 200 foot jurisdiction a business in Harbor Square
wanted to add a grain tower, would any mitigation would be required assuming it was outside the buffer.
Mr. Lien answered given the constraints of Harbor Square's contract rezone, nothing else can be added.
To do anything else will require rezoning the property and a master planning process. What exists at
Harbor Square now is the extent of what can exist given the contract rezone. Councilmember Tibbott
asked about a shade shelter over an existing paved area. Mr. Lien answered the contract rezone and the
EIS for the contract rezone evaluated a specific square footage. Development at Harbor Square is already
slightly over that square footage so nothing can be added.
Councilmember Buckshnis asked whether the new Ecology wetland guidelines address no net loss. David
Pater, Ecology, answered yes, that was one of the big differences. Mr. Lien said the wetland guidelines
are CAO guidance from Ecology. Critical area regulations are under the Growth Management Act and
neither include no net loss criteria and instead have BAS criteria. Whereas the SMA and the SMP criteria
includes no net loss, it is a different regulatory regime. Mr. Pater said there is some language in the SMP
about equivalency between the two.
Councilmember Buckshnis commended Councilmember Johnson for her comments. She agreed with Mr.
Scordino's comments about Option D. She cited some of the myriad questions the Council has received
from the public:
• The Council adopted the SMP and now Ecology is making the Council reexamine it. According
to WAC, Ecology is required to accept or reject it. Is Ecology requiring the Council to reopen the
SMP and establish new options illegal?
• Where is the OHWM? Staff states it is where the marsh begins. Fish/wildlife biologists do not
believe that is the edge. Need to have a definition of OHWM in the SMP. Mr. Lien said the
definition of OHWM in the SMP is the same definition as exists in the SMA. Councilmember
Buckshnis responded some people do not believe the OHWM is at the edge of the marsh
• Ensure setback and buffer are defined properly and that there is a buffer and a setback and not a
buffer/setback.
The Council should be involved in the development process and the scientific specific study
should include daylighting of Willow Creek.
Mr. Pater said he and Paul Anderson, Ecology, have exchanged emails with Joe Scordino regarding his
concerns and had a conference call Friday about the high water mark. He and Mr. Anderson expressed
their position regarding whether these issues are addressed in the Edmonds SMP. One of the challenges is
every jurisdiction is expected to use the definition of OHWM in the SMA. That definition applies to a
variety of situations in other shorelines including Lake Ballinger. Therefore it is difficult to craft a
specific definition. They recommended to Mr. Scordino that the best way to tighten up the definition is to
add language within Footnote 18 in the development standards table to focus on specific issues, the
determination that will happen whenever a master planning process is triggered.
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February 21, 2017
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Councilmember Buckshnis commented the Edmonds Marsh is not the same as Lake Ballinger; this is in
regard to UMU IV and what is included in the future study needs to be specified. There is confusion on
the OHWM; the definition is the edge of the salt tolerant plants which may change when the tidegate is
removed and Willow Creek is daylighted. Mr. Pater answered that was the challenge with any restoration
redevelopment; a lot of things may occur in the next 10-20 years around the Edmonds Marsh that could
make it a much different place and improve ecology functions. Whenever those projects are triggered, the
existing conditions need to be blended into what may be happening in the future but it shouldn't keep
projects to improve the marsh from moving forward.
Mr. Pater said when definitions that apply across the board are altered, they could be altered to address
one thing but in the future that definition could create a problem for another project. Councilmember
Buckshnis pointed out this relates specifically to UMU IV. She agreed there could be problems with
changing the definition but feared there could be problems on the other side related to size of the buffer.
Mr. Pater suggested the Council determine the appropriate places in the SMP to be specific whether in the
environment specific regulations or within Footnote 18. From a regulatory and implementation
standpoint, local planners need to be able to readily find that information; it would be easier to find if it
were more targeted to the areas of the SMP that are specific to the Edmonds Marsh.
Councilmember Teitzel shared the concern about the uncertainty with the OHWM as a point for
measuring the buffer. In addition to the potential changes mentioned, other events will increase saltwater
intrusion into the marsh such as sea level rise and King Tides. He supported considering the edge of the
berm as a starting point for measuring the buffer. He was aware that did not specifically comply with the
WAC and asked if an exception could be created due to the unique situation in the marsh. Mr. Pater
answered there is an opportunity to craft additional language that recognizes the uniqueness of the marsh
including the overlap of fresh and salt water. Whenever a master planning process is triggered, the
scientist conducting the site specific study will be considering a snapshot in time. He acknowledged the
marsh was one of the more complex high water mark determinations in the City. He and Paul Anderson
are comfortable with adding language to clarify that in the context of what is specific to the Edmonds
Marsh, not the OHWM definition. Mr. Lien cautioned the marsh is a big issue with regard to UMU IV but
there is also the Willow Creek outlet.
Councilmember Teitzel observed the 110 -foot buffer and 15 -foot setback have been debated a great deal.
That buffer and setback is based on June 2016 Ecology guidance which was based on best available
science at the time. That is not specific to the Edmonds Marsh and applies general statewide guidance to a
unique situation. He supported moving ahead with a site specific requirement and favored Option B to
determine what the buffer and setback should be to improve the function of the marsh.
Council President Mesaros commented he enjoyed listening to the discussion and looked forward to
further discussion at the March 7 meeting.
Councilmember Fraley-Monillas said she had no further comments and was tired of the repetitiveness of
the discussion.
Councilmember Tibbott asked who was responsible for stormwater at Harbor Square and on SR -104
under the current regulations. Mr. Lien answered he was not 100% sure as the stormwater in that area was
complicated and responsible parties include WSDOT, the City, Harbor Square, etc.
9. MAYOR'S COMMENTS
Mayor Earling reported he was in Olympia last week at the AWC Conference. While he was there, both
parties in both houses were beginning to polarize their talking points for the budget process. He met with
Edmonds City Council Approved Minutes
February 21, 2017
Page 22
Senator King, Chair of the Transportation Committee, and informed him BNSF is a funding partner in the
overpass project.
Mayor Earling recalled distributing to Council a Health District resolution regarding the City
relinquishing its portion of the original purchase of the Health District building. Research indicates the
City was not an original contributor. He will verify that and schedule the resolution on an upcoming
agenda.
Mayor Earling reminded of the Clam Chowder cookoff on Saturday from 12 to 4 p.m.
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Councilmember Teitzel invited the public to join a rally that will start at Civic Field on Saturday at 10:30
a.m. to support local immigrants, refugees and the global Muslim community. The rally will wind its way
through town, ending at the Frances Anderson Center at about 11 a.m.
Councilmember Nelson thanked the Council for passing the stolen and lost firearm ordinance and for
showing Edmonds is leading the way to prevent gun violence. He shared his frustration about learning a
Public Works employee was struck by a hit-and-run driver on Saturday in the 7700 block of 196th while
reading a meter, injuring his leg and shoulder. The vehicle is a white pickup with no tailgate and has
damage to the passenger side headlight. He urged the driver to turn themselves in because they would be
found. Mayor Earling relayed the employee was feeling okay but couldn't raise his arm very high. He was
fortunate not to suffer worse injuries.
Councilmember Tibbott was glad the employee was doing well. He thanked Councilmembers Nelson and
Buckshnis for leading the way on gun legislation. He found it very sensible, putting the responsibility in
the right place, and it was an advancement for the community.
Councilmember Buckshnis reminded of the forum on homelessness on February 281h at 6:30 p.m. at the
Mountlake Terrace Library, 23300 58th Ave W. She thanked everyone who sends her emails, calls, etc.
regarding issues facing the City.
11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110 1 i
This item was not needed.
12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
This item was not needed.
13. ADJOURN
With no further business, the Council meeting was adjourned at 9:48 p.m.
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DAVID O. EARLING, MAYOR MSSEY RK
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February 21, 2017
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