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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 Edmonds City Council Approved Minutes February 21, 2017 Page 1 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 Edmonds City Council Approved Minutes February 21, 2017 Page 2 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 Edmonds City Council Approved Minutes February 21, 2017 Page 3 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 Edmonds City Council Approved Minutes February 21, 2017 Page 4 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 Edmonds City Council Approved Minutes February 21, 2017 Page 5 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 Edmonds City Council Approved Minutes February 21, 2017 Page 6 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 Edmonds City Council Approved Minutes February 21, 2017 Page 7 • 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. Edmonds City Council Approved Minutes February 21, 2017 Page 8 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 Edmonds City Council Approved Minutes February 21, 2017 Page 9 - 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 Edmonds City Council Approved Minutes February 21, 2017 Page 10 - 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 Edmonds City Council Approved Minutes February 21, 2017 Page 20 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. Edmonds City Council Approved Minutes February 21, 2017 Page 21 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. i [i�K�111�[K�lu lu 1 Blemi 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. r DAVID O. EARLING, MAYOR MSSEY RK Edmonds City Council Approved Minutes February 21, 2017 Page 23